Queensland Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1981

- As at 3 November 2022 
- Act 74 of 1981 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   1A.     Main purposes
   1B.     Excluded matter for Corporations legislation
   1C.     Relationship with Fair Trading Inspectors Act 2014
   1D.     Act prevails if association’s rules are inconsistent with Act

           Division 2 - Interpretation

   2.      Definitions

           Division 3 - General provisions

   3.      Special resolutions
   4.      Whether association is formed or carried on for the purpose of financial gain for its members

   PART 2 - INCORPORATION OF ASSOCIATION

           Division 1 - Preliminary

   5.      Eligibility for incorporation
   6.      Association may resolve to incorporate and adopt proposed rules
   7.      Appointment of person to apply for incorporation
   8.      Interim officers

           Division 2 - Incorporation

   9.      Application for incorporation
   10.     Giving notice of application etc.
   10A.    Chief executive must advise industrial registrar about particular applications
   11.     Objections to applications for incorporation
   12.     Chief executive to make decision about application
   13.     Chief executive to advise association and objectors of decision
   14.     Registration of association
   15.     Certificate of incorporation

           Division 3 - Miscellaneous

   16.     Register of incorporated associations
   16A.    Use of information on register
   17.     Nominated address for service
   18.     Inspecting register
   19.     (Repealed)
   20.     (Repealed)

   PART 3 - EFFECTS OF INCORPORATION

           Division 1 - General

   21.     Incorporated associations are bodies corporate

           Division 2 - Transition from unincorporated to incorporated association

   22.     Property for an association
   23.     Transfer of other assets, rights and liabilities
   24.     Duty to notify registrar of titles of land or interest in land etc.

           Division 3 - Powers of incorporated associations

   25.     General powers
   26.     Ultra vires transactions
   27.     Liability of members
   28.     Contracts and execution of documents

   PART 4 - NAME OF INCORPORATED ASSOCIATION

           Division 1 - Preliminary

   29.     Incorporated association’s name to include ‘incorporated’ and be in English characters
   30.     Use of ‘incorporated’ as part of name etc.
   31.     Registered name on common seal
   32.     Registered name of incorporated association to appear on documents

           Division 2 - Exemption from use of ‘incorporated’

   33.     Incorporated association may be exempted from using word ‘incorporated’

           Division 3 - Change of name

   34.     Definitions for division
   35.     Incorporated association may apply to change its registered name
   36.     Giving notice of application to change registered name
   37.     Objections to application for change of registered name
   38.     Chief executive to advise association and objectors of decision
   39.     Notice of decision
   40.     Registration of new name
   41.     New certificate of incorporation
   42.     Change of name does not affect legal personality

           Division 4 - Unsuitable names

   43.     Association not to have unsuitable name
   44.     Notice to associations having or proposing to have unsuitable name
   45.     Associations may be allowed to have unsuitable names

   PART 5 - RULES

           Division 1 - Rules of incorporated associations

   46.     Rules of incorporated association on registration
   46A.    (Expired)
   47.     Additional provisions in model rules
   47A.    Grievance procedure

           Division 2 - Amending rules

   48.     Application to register amendment of rules
   48A.    Chief executive must advise industrial registrar about particular applications
   49.     Registration of amendment
   50.     Effect of amended rules
   50K.    (Repealed)
   51.     (Repealed)
   52.     Chief executive may ask for copy of complete rules

           Division 3 - Miscellaneous

   53.     Secretary must make rules available to members if asked
   54.     Form in which rules must be kept

   PART 6 - GENERAL OPERATION OF INCORPORATED ASSOCIATION

           Division 1 - Meetings

   55.     Annual general meetings
   56.     Meetings using communication technology
   57.     Management committee to ensure association complies with its rules for meetings
   57A.    Minimum quorum for general meetings
   57B.    Inspection of minutes

           Division 2 - Financial reporting for incorporated associations

   58.     Definitions for division
   58A.    Meaning of reportable financial year
   59.     Keeping financial records
   59A.    Preparing annual financial statement
   59AA.   Preparing audit report
   59AB.   Preparing verification statement
   59AC.   Particular persons may not prepare audit report or verification statement
   59B.    Presenting documents to annual general meeting
   59BA.   Lodging documents with chief executive
   59BB.   Declaration by chief executive that association is of different class
   59C.    Inspection of financial documents by member
   59D.    Defence
   59E.    Approved persons
   59F.    Chief executive may require lodgement of financial information

   PART 7 - MANAGEMENT

           Division 1 - Management committee

   60.     Management committee
   61.     Membership of management committee
   61A.    Eligibility for election to a management committee
   62.     Election of management committee
   63.     Meetings of management committee
   63A.    Meetings by using communication technology
   64.     Tenure of members of management committee
   65.     When secretary must be elected or appointed
   66.     Management committee to ensure association has appropriate person as secretary
   67.     Management committee may appoint or remove secretary at any time
   68.     Notification of certain office holders
   69.     Office of secretary
   69A.    Functions of secretary
   70.     Public liability insurance generally
   70A.    Particular incorporated associations must have public liability insurance

           Division 2 - Matters of material personal interest and remuneration

   70B.    Disclosure of material personal interest
   70C.    Voting on matter in which member has material personal interest
   70D.    Disclosure of remuneration and other benefits

           Division 3 - Duties of officers

   70E.    Duty of care and diligence
   70F.    Duty of good faith
   70G.    Use of position
   70H.    Use of information
   70I.    Duty to prevent insolvent trading
   70J.    Reliance on information or advice

   PART 8 - RIGHTS AND OBLIGATIONS OF MEMBERS

   71.     Rights of members
   72.     Enforcement of rights and obligations
   73.     Powers of Supreme Court

   PART 9 - INCORPORATION OF BRANCHES AND AMALGAMATION OF INCORPORATED ASSOCIATIONS

           Division 1 - Incorporation of branches

   74.     Members of branch may resolve to incorporate
   75.     Powers of appointed person
   76.     Modified application of Act
   77.     Obligations of branch
   78.     Branch must have word ‘branch’ in its registered name etc.

           Division 2 - Amalgamation of incorporated associations

   79.     Definitions for division
   80.     Members may resolve to amalgamate
   81.     Applicant incorporated associations must have agreed rules
   82.     Appointment of appointed person to make application
   83.     Chief executive may require notices to be sent to creditors
   84.     Modified application of Act
   85.     Certificate of incorporation
   86.     Effect of incorporation
   87.     Duty to notify registrar of titles of land or interest in land etc.
   88.     Amalgamation does not affect certain rights and obligations

   PART 10 - ADMINISTRATION AND WINDING UP

           Division 1 - Voluntary administration and winding up

   89.     Voluntary administration under Corporations Act
   90.     Voluntary winding up under Corporations Act

           Division 2 - Winding up by Supreme Court

   91.     Grounds on which winding up may be ordered
   91A.    By whom application may be made
   91B.    Application of Corporations Act

           Division 3 - Miscellaneous

   91C.    Further application of miscellaneous provisions under Corporations Act
   92.     Distribution of surplus assets

   PART 11 - CANCELLATION

   92A.    Application for cancellation of incorporation
   92B.    Consideration of application
   92C.    Cancellation of incorporation on application
   93.     Cancellation of incorporation by chief executive—generally
   93A.    Chief executive may require information from financial institutions before cancelling incorporation
   93B.    Cancellation of incorporation by chief executive—adverse order or industrial penalty
   94.     Vesting of property on cancellation

   PART 12 - REINSTATEMENT

   94A.    Definitions for part
   94B.    Reinstatement
   94C.    Chief executive to give notice of reinstatement
   94D.    Effect of reinstatement

   PART 13 - CHANGE IN STATUS OF INCORPORATED ASSOCIATIONS AND OTHER ENTITIES

           Division 1 - Interpretation

   95.     Purpose of part
   96.     Definitions
   97.     (Repealed)
   97A.    (Repealed)
   98.     (Repealed)
   99.     (Repealed)
   100.    (Repealed)
   101.    (Repealed)
   102.    (Repealed)
   103.    (Repealed)
   104.    (Repealed)
   105.    (Repealed)

           Division 2 - Incorporation of co-operatives

   105A.   Application of division
   105B.   Notice of co-operative’s proposal to become incorporated association
   105C.   Application for incorporation of co-operative as association
   105D.   Incorporation
   105E.   Chief executive must inform registrar of incorporation
   105F.   Registrar to give records to chief executive
   105G.   Recording of interests in land
   105H.   Directors of former co-operative
   105I.   Office holders of former co-operative become office holders of incorporated association
   105J.   Rules

           Division 3 - Registration of incorporated associations as co-operatives

   105K.   Application of division
   105L.   Chief executive’s consent needed to proposed registration as co-operative
   105M.   Consent to proposed registration as co-operative
   105N.   Cancellation of registration and incorporation

           Division 4 - General

   106.    Financial year

   PART 14 - VOLUNTARY TRANSFER OF INCORPORATION

           Division 1 - Incorporated associations

   106A.   Application for authority to transfer incorporation
   106B.   Requirements for application
   106C.   Further information or documents for application
   106D.   Refusal to grant application
   106E.   Chief executive to give notice of authority to transfer incorporation
   106F.   Effect of a transfer of incorporation authorised under this division
   106G.   New body to give chief executive copy of new certificate of registration

           Division 2 - RECI Act corporations

   106H.   Application for authority to transfer incorporation
   106I.   Requirements for application
   106J.   Further information or documents for application
   106K.   Refusal to grant application
   106L.   Minister to give notice of authority to transfer incorporation
   106M.   Effect of a transfer of incorporation authorised under this division
   106N.   New body to give Minister copy of new certificate of registration
   107.    (Repealed)
   108.    (Repealed)

   PART 15 - REVIEWS

           Division 1 - Internal review of decisions

   109.    Affected person may apply for review
   110.    Applying for review
   111.    Stay of operation of disputed decision
   112.    Decision on reconsideration

           Division 2 - External review of decisions

   113.    Who may seek external review
   114.    (Repealed)
   115.    (Repealed)
   116.    (Repealed)
   117.    (Repealed)
   118.    (Repealed)

   PART 16 - MISCELLANEOUS

   119.    (Repealed)
   119A.   (Repealed)
   119B.   Disclosure of information to Commissioner of the ACNC
   120.    Protection from liability
   121.    Extension of time
   121A.   False or misleading information or documents
   122.    Punishment of fraud or misappropriation
   123.    Officers deemed servants
   124.    Penalty for falsification
   125.    Proof of compliance with formal requirements
   126.    Evidence
   127.    Evidentiary provisions
   128.    Dispositions of property
   129.    Delegation
   130.    Approval of forms
   130A.   Documents not in English language
   131.    Recall of letters patent
   132.    Exemption from certain provisions of Act
   133.    Irregularities in proceedings
   134.    Regulation-making power
   135.    Regulations about fees and charges
   136.    Penalties under regulations to be limited
   137.    Other matters for regulations
   138.    Service
   139.    (Expired)
   140.    (Expired)
   141.    (Expired)
   142.    (Expired)
   143.    (Expired)

   PART 17 - SAVINGS

   144.    Saving of letters patent

   PART 18 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for Audit Legislation Amendment Act 2006

   145.    Audits

           Division 2 - Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2007

   146.    Nominated address
   147.    Association’s name
   148.    Insurance
   149.    Financial reporting
   150.    Approved persons

           Division 3 - Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2020

   151.    Application for incorporation made before commencement
   152.    Requirement for rules to include grievance procedure
   153.    Financial reporting obligations
   154.    Disclosure of information to Commissioner of the ACNC

           Division 4 - Transitional provisions for Co-operatives National Law Act 2020

   155.    Definitions for division
   156.    Existing applications for cooperative to become incorporated association
   157.    Existing decisions about incorporation of cooperatives
   158.    Incorporation of cooperatives under repealed Act before commencement
   159.    Existing resolutions about registration as a cooperative
   160.    Existing applications for consent to register as cooperative
   161.    Existing decisions to give consent to proposed registration as cooperative
   162.    Existing consent to proposed registration as cooperative

           Division 5 - Transitional provision for Industrial Relations and Other Legislation Amendment Act 2022

   163.    Existing applications related to industrial purpose
           SCHEDULE 1
           SCHEDULE 2