Associations Incorporation Regulation 2023

These model rules, as in force from time to time, are the rules of the [insert name of incorporated association] (the Association).

Note The Association may, by special resolution, at any time, decide to adopt rules other than these model rules (see Act, s 33). However, if a rule is inconsistent with the Act or another law in force in the ACT, the rule has no effect (see Act, s 34). Also, if the model rules make provision for a matter not provided for in the Association’s rules, the Association’s rules are taken to include the provision of the model rules in relation to that matter (see Act, s 31 (2)).

The following must be done at an annual general meeting:

the minutes of the previous annual general meeting must be confirmed;

the committee must be elected under section 45;

the documents mentioned in the Act, section 73 (1) must be presented;

Note The Act, s 73 (1) requires the committee to present a statement of accounts, a reviewer’s or auditor’s report, and a report about the committee membership, principal activities and profit or loss.

the documents the Association is required to lodge with the registrar-general under the Act, section 79 (1) must be dealt with.

The following Acts apply to the Association’s rules as if the rules were an instrument made under the Act:

the Electronic Transactions Act 2001;

the Legislation Act 2001.

Note 1 Under the Electronic Transactions Act 2001, s 8, information required to be given in writing may be given electronically. For example, applications for membership may be given by email.

Note 2 The Legislation Act contains definitions and other provisions relevant to the Association’s rules.

Part 1.2 Membership

A person may apply to the committee to become a member of the Association.

Note Founding members of the Association are dealt with in the Act, s 21 (2).

The application must—

be in writing; and

include—

the applicant’s name and contact details; and

a statement that the applicant supports the Association’s objects and agrees to comply with the Act and the Association’s rules; and

a member’s nomination of the applicant for membership; and

be signed by the applicant and the member nominating the applicant.

The committee may require the application to be in a form decided by the committee.

Note The committee may require form 1 in pt 1.8 to be used.

Note 1 There are further requirements for dispute resolution procedures in the Act, s 65B.

Note 2 On application by the Association, a court may direct a person to comply with the Association’s rules and may declare and enforce the rights or obligations of members or the Association (see Act, s 53).

A person’s membership begins on—

if the joining fee is $0—the day the committee accepts the person’s application for membership; or

in any other case—the later of the following:

the day the committee accepts the person’s application for membership;

the day the person pays the joining fee.

The fee to join the Association (the joining fee) is—

$1; or

if the committee decides another amount—that amount.

The annual fee for membership of the Association (the annual membership fee) is—

$2; or

if the committee decides another amount—that amount.

To remove any doubt, a joining fee or annual membership fee may be $0.

The annual membership fee is payable before (the due date)—

1 July each year; or

if the committee decides another date—that date.

However, if a person’s membership begins after the due date in a calendar year, the due date for the annual membership fee is—

1 July in the following calendar year; or

if the committee decides another date—that date.

A person’s membership ends if—

the person resigns under section 9; or

the person has not paid their annual membership fee by the due date; or

the person’s membership is cancelled as a result of disciplinary action taken under part 1.3; or

if the member is an individual—the individual—

dies; or

is not physically or mentally fit to exercise the functions of membership; or

if the member is a corporation—the corporation is wound up; or

the incorporation of the Association is cancelled under—

the Act, section 83 (Cancellation where continued incorporation inappropriate); or

the Act, section 85 (Cancellation of incorporation following voluntary transfer); or

the Act, section 93 (Cancellation of incorporation); or

the Association is wound up under—

the Act, section 88 (Voluntary winding‑up); or

the Act, section 90 (Winding-up by the court).

A member may resign their membership of the Association by giving written notice to the committee.

The resignation takes effect—

on the day the committee receives the notice; or

if another day is stated in the notice—on that day.

Despite section 10 (b), a person who resigns their membership remains liable for any annual membership fee the person owes the Association when the resignation takes effect.

Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

The committee must remove information about the member from the register of members as soon as practicable after the member’s resignation takes effect.

A member’s rights and liabilities—

are not transferable; and

end when the member’s membership ends.

Part 1.3 Dispute resolution and disciplinary procedure

Division 1.3.1 Dispute resolution procedure

This division sets out the dispute resolution procedure for dealing with a dispute under the Act or the Association’s rules between—

a member and another member; or

a member and the committee.

Examples—disputes under the Act or the Association’s rules

1 a dispute about when the annual membership fee for membership is due

The following must be done at an annual general meeting:

the minutes of the previous annual general meeting must be confirmed;

the committee must be elected under section 45;

the documents mentioned in the Act, section 73 (1) must be presented;

Note The Act, s 73 (1) requires the committee to present a statement of accounts, a reviewer’s or auditor’s report, and a report about the committee membership, principal activities and profit or loss.

the documents the Association is required to lodge with the registrar-general under the Act, section 79 (1) must be dealt with.