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ASSOCIATIONS INCORPORATION ACT 2015
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
PART 2 -- Incorporation of association
Division 1 -- Eligibility
4. Associations eligible for incorporation
5. Associations not eligible for incorporation
6. Regulations may declare associations to be ineligible
Division 2 -- Requirements for application for incorporation
7. Application to Commissioner
8. Commissioner may require public notice of application for incorporation
9. Request for refusal of incorporation
Division 3 -- Incorporation
10. Incorporation of association
11. Refusal of incorporation
12. Restrictions as to names of associations
13. Effect of incorporation
14. Powers of incorporated association
15. Manner in which contract may be made
16. When contract affected by deficiency in association’s legal capacity
17. Requirements of section 4 continue after incorporation
18. Certain property vests in incorporated association
19. Liability of members of management committee, trustees and members
20. Issue of replacement certificate
PART 3 -- Rules
Division 1 -- Rules of incorporated association
21. Effect of rules
22. General requirements for content of rules
23. Commissioner may exempt from requirement of section
24. Restriction on distribution of surplus property
25. Commissioner may approve variation of provision implied by section
26. Model rules
27. Rules of associations existing at the commencement of section
28. Rules of an incorporated association
29. Adoption of model rules
Division 2 -- Alteration of rules
30. Alteration of rules
31. Change of name by alteration of rules
32. Corporate identity and other matters not affected by change of name
33. Certain other rule alterations to be approved by Commissioner
34. Request for refusal of change of name or other rule alterations
Division 3 -- Provision of rules to members
35. Rules to be available to members
36. When member to receive copy of rules
37. Further provision as to obligations under sections 35 and
PART 4 -- Management
Division 1 -- Management committee
38. Management committee
39. Persons who are not to be members of management committee
40. Limitation of period for which section 39 applies to certain persons
41. Handing over of documents and records when membership of management committee ceases
Division 2 -- Matters of material personal interest
42. Disclosure of material personal interest
43. Voting on contract in which management committee member has a material personal interest
Division 3 -- Duties of officers
44. Duty of care and diligence
45. Duty of good faith and proper purpose
46. Use of position
47. Use of information
48. Interaction of sections 44 to 47 with other laws
49. Reliance on information or advice
Division 4 -- Annual general meeting and special resolutions
50. Annual general meeting
51. Requirements for special resolution
52. Evidence of passing of resolution
Division 5 -- Register of members
53. Register to be maintained
54. Inspection of register by member
55. Commissioner may request copy of register
56. Member may request copy of register
57. Improper use of information in register
Division 6 -- Record of office holders
58. Record of office holders
59. Commissioner may ask apparent office holders to provide information
Division 7 -- Direction by Commissioner to convene general meeting
60. Commissioner may direct that general meeting be convened
61. Rights of Commissioner or a delegate at meeting
PART 5 -- Financial records, reporting and accountability
Division 1 -- Preliminary
62. Terms used
63. Financial reports of tier 2 and tier 3 associations
64. Tier 1, tier 2 and tier 3 associations
65. Commissioner may declare association to be tier 1 or tier 2 association
Division 2 -- Financial records
66. Obligation to keep financial records
67. Retention of financial records
Division 3 -- Financial statements and reports
Subdivision 1 -- Tier 1 associations
68. Obligation to prepare annual financial statements
69. Review or audit of financial statements
70. Financial reporting to annual general meeting and Commissioner
Subdivision 2 -- Tier 2 associations
71. Obligation to prepare annual financial report
72. Review or audit of financial reports
73. Financial reporting to annual general meeting and Commissioner
Subdivision 3 -- Tier 3 associations
74. Obligation to prepare annual financial report
75. Audit of financial report
76. Financial reporting to annual general meeting
Division 4 -- Special audit
77. Commissioner may require special audit to be carried out
Division 5 -- Reviews and audits
78. Review or audit to be conducted in accordance with auditing standards
79. Working papers to be retained for 7 years
80. Reviewer’s or auditor’s independence declaration
81. Reviewer’s report on financial statements or financial report
82. Auditor’s opinion and report on financial statements or financial report
83. Reporting breaches of Act to Commissioner
Division 6 -- Provisions relating to reviewers and auditors generally
84. Fees and expenses
85. Information and assistance
86. Right to attend general meeting and be heard
Division 7 -- Appointment and removal of reviewers and auditors
87. Appointment of reviewer or auditor
88. Qualifications for appointment
89. Removal of reviewer or auditor by resolution
90. Reviewer or auditor may make representations
91. Exemption from section 90(2) requirements
PART 6 -- Transfer of incorporation
92. Term used: prescribed body corporate
93. Incorporated association may apply for approval of registration or incorporation under another law
94. Approval of Commissioner
95. Commissioner may direct incorporated association to apply for other registration or incorporation
96. Commissioner must give notice of intention to give direction
97. SAT review of proposed direction or amendment
98. Association must comply with section 95 direction
99. Cancellation of incorporation under this Act
100. Transition to incorporation under another law
PART 7 -- Amalgamation
101. Term used: new body
102. Application for incorporation of body formed by amalgamation
103. What must be included in application
104. Commissioner may require public notice of application
105. Request for refusal of incorporation of new body
106. Incorporation of new body
107. Time to be allowed for operation of section
108. Vesting of property and liabilities in new body
PART 8 -- Statutory management of incorporated association
109. Application by Commissioner to appoint statutory manager
110. State Administrative Tribunal may appoint statutory manager
111. Effect of appointment of statutory manager
112. Variation and revocation of order
113. Duration of appointment
114. Prerequisites of revocation of appointment
115. Statutory manager to report to Commissioner
116. Expenses of statutory management
117. Protection from liability
118. Additional powers of Commissioner
119. Proceedings against association stayed
PART 9 -- Administration and winding up
Division 1 -- Voluntary administration and winding up
120. Administration under Corporations Act
121. Voluntary winding up under Corporations Act
122. Further application of Corporations Act
Division 2 -- Winding up by Supreme Court
123. Grounds on which winding up may be ordered
124. By whom application may be made
125. Application of Corporations Act
126. Cancellation of incorporation upon winding up by Supreme Court
Division 3 -- Offence related to incurring of debt
127. Duties of management committee members with respect to incurring of debt
PART 10 -- Cancellation of incorporation
Division 1 -- Voluntary cancellation where there is property to be distributed
128. Term used: distribution plan
129. Initiation of cancellation of incorporation under this Division
130. Application for approval of distribution plan and cancellation
131. Commissioner may require public notice of application
132. Request for refusal to approve or cancel
133. Content and operation of distribution plan
134. Position where conditions attached to grant
135. Approval of distribution plan
136. Refusal to approve distribution plan
137. Time limit for implementation of plan
138. Duty of association
139. Reporting to Commissioner
140. Cancellation of incorporation under this Division
Division 2 -- Voluntary cancellation where there are no debts or surplus property
141. Application for cancellation under this Division
142. Content of application
143. Commissioner may grant application
Division 3 -- Cancellation of incorporation by Commissioner on certain grounds
144. Grounds on which Commissioner may act
145. Commissioner may require association to show cause
146. How association may show cause
147. Cancellation of incorporation where cause not shown
148. Powers in respect of property
149. Property vested in the State
Division 4 -- General
150. Liabilities not affected by cancellation of incorporation
151. Reinstatement of incorporation
PART 11 -- Exclusion from Corporations legislation
152. Excluded matters for Corporations Act section 5F
PART 12 -- Administration
Division 1 -- General
153. Commissioner
154. General functions of Commissioner
155. Delegation by Commissioner
156. Regulations for the provision of information to the Commissioner
157. Commissioner may require documents relating to financial affairs to be produced
158. Application of Fair Trading Act 2010 sections 61, 112 and
159. Protection from liability
160. Evidentiary provisions
Division 2 -- Information and documents kept by Commissioner
161. Commissioner must keep register of incorporated associations and other documents
162. Inspection of register or documents
163. Certification of document
164. Destruction of documents by Commissioner
165. Lodgment of documents
166. Documents may be lodged by facsimile or electronic transmission
167. Commissioner may refuse lodgment of document
168. No constructive notice of contents of documents
PART 13 -- Review
169. Reviewable decisions of Commissioner
170. Review by SAT of reviewable decisions
PART 14 -- Investigation and enforcement
171. Term used: authorised person
172. Application of Fair Trading Act 2010 PART
173. Infringement notices and the Criminal Procedure Act 2004
PART 15 -- Miscellaneous
174. Lodging notice of address for service
175. Change of address
176. Service on incorporated association
177. False or misleading statements in documents: offence
178. Commissioner may require statutory declaration
179. Use of “Incorporated” restricted
180. Time limit for commencing proceedings
181. Commissioner or authorised person may commence prosecution
182. Jurisdiction of SAT in respect of disputes
183. Regulations
184. Review of Act
PART 16 -- Repeal of Associations Incorporation Act 1987 and transitional provisions
Division 1 -- Repeal
185. Associations Incorporation Act 1987 repealed
Division 2 -- Transitional provisions
Subdivision 1 -- Preliminary
186. Terms used
187. Saving
Subdivision 2 -- Existing incorporated associations
188. Incorporation continued
189. Committee of existing incorporated association
Subdivision 3 -- Continuation of certain matters in progress
190. Existing applications for incorporation
191. Rule alteration in progress
192. Applications under repealed section 18 or 19 in progress
193. Applications for extension of time under repealed section 23(1)
194. Certain applications for review made but not determined
195. Voluntary winding up in progress
196. Notice given under repealed section 34(1)
197. Notice given under repealed section
Subdivision 4 -- Alteration of rules by existing incorporated associations and section 190 incorporated associations
198. Alteration of rules
199. Rules of existing incorporated associations to which repealed Schedule 2 clause 4 applied
200. Rule alterations may be made by management committee
201. Model rules apply if rules are not made compliant
202. Act modifications pending alteration of rules
Subdivision 5 -- Other things to be done by existing incorporated associations and section 190 incorporated associations
203. Notification of addresses
Subdivision 6 -- Other provisions
204. New section 50 applies where time is already running under section 23 of repealed Act
205. When accounting and financial reporting provisions start to apply to existing incorporated associations
206. Auditor’s appointments
207. Property vested under section 36 of repealed Act
208. Constructive notice under section 168 of this Act
209. Time limit under section 180 of this Act
210. References in written laws
Subdivision 7 -- Further provision may be made
211. Regulations
PART 17 -- Consequential amendments
212. Child Care Services Act 2007 amended
213. Cremation Act 1929 amended
214. Criminal Procedure Act 2004 amended
215. Education Service Providers (Full Fee Overseas Students) Registration Act 1991 amended
216. Electricity Corporations Act 2005 amended
217. Gaming and Wagering Commission Act 1987 amended
218. Hale School Act 1876 amended
219. Insurance Commission of Western Australia Act 1986 amended
220. Law Society Public Purposes Trust Act 1985 amended
221. Legal Aid Commission Act 1976 amended
222. Liquor Control Act 1988 amended
223. Local Government Act 1995 amended
224. Members of Parliament (Financial Interests) Act 1992 amended
225. Pharmacy Act 2010 amended
226. Planning and Development Act 2005 amended
227. Racing and Wagering Western Australia Act 2003 amended
228. School Education Act 1999 amended
229. Taxation Administration Act 2003 amended
230. Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended
231. Water Corporations Act 1995 amended
232. References to “1987” amended to “2015” in various Acts
SCHEDULE 1 -- Matters to be provided for in rules of an incorporated association
SCHEDULE 2 -- Vesting of property and liabilities on amalgamation
SCHEDULE 3 -- Modifications to text of Corporations Act
SCHEDULE 4 -- Grounds for winding up by Supreme Court
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