Northern Territory Consolidated Acts

ASSOCIATIONS ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Excluded matter for Corporations Act 2001  
   4.      Definitions  

   PART 2--ADMINISTRATION

   4A.     Director  
   4B.     Delegation  
   4C.     Approved forms  
   5.      Director may exempt etc.  
   6.      Secrecy  
   7.      Protection from liability  

   PART 3--INCORPORATION

           Division 1--Incorporation process

   8.      Application for incorporation of association  
   9.      Certificate of incorporation  
   10.     Director to notify refusal to incorporate association  

           Division 2--Effect of incorporation

   11.     Incorporation of association  
   12.     Vesting of property in incorporated association  
   13.     Power to borrow money and give securities  
   13A.    Prohibition on disbursing profits or assets to members  
   14.     Liability of members  

           Division 3--Name and common seal of incorporated association

   15.     Name  
   16.     Name to appear on documents  
   17.     Change of name  
   18.     Director to notify association of refusal to issue new certificate  
   19.     Change of name does not affect existing rights and obligations  
   20.     Common seal  

           Division 4--Constitution and trusts

   21.     Constitution  
   22.     Filing of trusts  
   23.     Alteration of constitution etc.  
   24.     Director to notify incorporated association of refusal  
   25.     Alteration of object etc. does not affect existing rights and obligations  

           Division 5--Miscellaneous provision

   26.     Minimum number of members of association  

   PART 4--MANAGEMENT OF INTERNAL AFFAIRS

           Division 1--Officers and committee

   27.     Public officer  
   28.     Notification of appointment and change of address of public officer  
   29.     Management committee  
   30.     Certain persons not to be members of committee etc.  
   31.     Disclosure of interest  
   32.     Voting on contract in which committee member has interest  
   33.     Duties of officers etc.  

           Division 2--Meetings etc.

   34.     Register of members  
   35.     First annual general meeting  
   36.     Annual general meetings  
   37.     Special resolutions  
   38.     Minutes  
   39.     Natural justice applies in adjudication of disputes  

           Division 3--Miscellaneous matters

   40.     Disqualified person  
   40A.    Application to NTCAT by disqualified person  

   PART 5--ACCOUNTS AND AUDIT

           Division 1--Accounts

   41.     Accounting records  
   42.     Annual statement of accounts  
   43.     Presentation of statement at AGM  
   44.     Inspection of audited accounts by members  
   45.     Filing of audited accounts with Director  

           Division 2--Audits

   46.     Audits of tier 1 incorporated association  
   47.     Audits of tier 2 incorporated association  
   48.     Audits of tier 3 incorporated association  
   49.     Auditor's powers and duties  
   50.     Auditor's liability  
   51.     Obstruction of auditor  
   52.     Removal of auditors  

   PART 6--DISPOSAL OF PROPERTY

   53.     Application of Part 6  
   54.     Transfer of property  
   55.     Power of incorporated association to sell trust property  

   PART 7--TRANSFER OF INCORPORATION

   56.     Application for transfer  
   57.     Requirements before application can be made  
   58.     Meaning of transfer and new body  
   59.     New body ceases to be incorporated association  
   60.     Transfer not to impose greater liability etc.  
   61.     Effect of new certificate of incorporation  
   62.     New body is continuation of incorporated association  
   63.     Director may direct incorporated association to change its incorporation  

   PART 8--DISSOLUTION OF CERTAIN ASSOCIATIONS

   64.     Application of Part 8  
   65.     Dissolution  
   66.     Director may act administratively for dissolved incorporated association  
   67.     Property of dissolved incorporated association vests in CEO  
   68.     CEO may sell vested property  
   69.     Property vested in CEO subject to all charges etc.  
   70.     CEO to keep records etc.  
   71.     Reinstatement of dissolved incorporated association by NTCAT  

   PART 9--EXTERNAL ADMINISTRATION

           Division 1--Winding up and other matters relating to external administration

   72.     Application of Corporations Act 2001 to external administration  
   73.     Winding up by Supreme Court on certificate of Director  
   74.     Court may appoint unregistered company liquidator  
   75.     Penalty for contravention of applied provisions  
   76.     Distribution of assets on winding up  
   77.     Prescribed property in winding up  

           Division 2--Appointment of statutory manager

   78.     Appointment  
   79.     Effect of appointment  
   80.     Revocation of appointment  
   81.     Expenses of administration  
   82.     Liabilities arising from administration  
   83.     Additional powers of Director  
   84.     Stay of proceedings  
   85.     Statutory Manager to report to Director  

           Division 3--Offences

   86.     Interpretation  
   87.     Application of Division  
   88.     Non-disclosure  
   89.     Failure to keep proper records  
   90.     Incurring debts not likely to be paid  
   91.     Powers of court if debts unlikely to be paid  
   92.     Frauds by officers  

   PART 10--INVESTIGATION OF INCORPORATED ASSOCIATIONS

   93.     Investigation of incorporated association's affairs  
   94.     Director may require production of books  
   95.     Director may carry out investigations in relation to books  
   96.     Examination of persons concerned with incorporated association  
   97.     Power of entry  
   98.     Immunity from liability for complying with direction or requirement  
   99.     Privileged communications  
   100.    Orders against persons concerned with incorporated associations  

   PART 12--MISCELLANEOUS PROVISIONS

   103.    Civil proceedings not to be stayed  
   104.    Form and evidentiary value of books  
   105.    Provisions indemnifying officers or auditors  
   106.    Penalty for non-compliance with Act or condition imposed under Act  
   107.    Falsification of books  
   108.    Misrepresentation as to incorporation under this Act  
   109.    Oppressive or unreasonable acts  
   110.    Disposing, charging or dealing with prescribed property  
   111.    Regulatory offences  
   112.    Proceedings for offences  
   113.    Evidentiary provisions  
   114.    Review by NTCAT  
   116.    Director may require production of document  
   117.    Fax or electronic transmission of documents  
   118.    Service of documents  
   119.    Regulations  

   PART 13--REPEAL AND TRANSITIONAL PROVISIONS

   120.    Definitions  
   121.    Repeal  
   122.    Applications  
   123.    Certificates of incorporation, officers etc.  
   124.    Notices for associations performing local government functions  
   125.    Investigations  
   126.    Consents in relation to prescribed property  
   127.    If constitution not in accordance with Act on commencement  
   128.    Audits  

   PART 14--TRANSITIONAL MATTERS FOR JUSTICE AND LICENSING LEGISLATION FURTHER AMENDMENT ACT 2022

   129.    Definitions  
   130.    Delegation  
   131.    Secrecy  
   132.    Protection from liability  
   133.    Property vested in Commissioner  
   134.    Pending applications  
   135.    Pending appeals  
   136.    Appeals not yet commenced  
   137.    Continuation of ongoing documents and actions  
   138.    Offence provisions – before and after commencement  

   PART 15--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (NTCAT CONFERRAL OF JURISDICTION) ACT 2023

   139.    Definitions  
   140.    Applications to NTCAT by disqualified persons limited to declarations made after commencement  
   141.    Appeals not commenced by disqualified persons before commencement  
   142.    Appeals by disqualified persons not determined before commencement  
   143.    Review by NTCAT limited to decisions made after commencement  
   144.    Other appeals not commenced before commencement  
   145.    Other appeals not determined before commencement  
   146.    Applications relating to dissolved incorporated associations not determined before commencement  
   147.    Applications to Treasurer and NTCAT regarding incorporated associations dissolved before commencement  
           SCHEDULE 1
           SCHEDULE 2
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