Associations Incorporation Regulation 2022

This Regulation is the Associations Incorporation Regulation 2022.

This Regulation commences on 1 September 2022 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Associations Incorporation Regulation 2016, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

ACNC Register means the Australian Charities and Not-for-profits Register maintained under the Commonwealth Act, section 40-5.

Commonwealth Act means the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth.

the Act means the Associations Incorporation Act 2009.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

For the Act, section 4(1), definition of corresponding law, the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth is declared to be a corresponding law.

For the Act, section 96(1), a matter relating to an association is declared to be an applied Corporations legislation matter for the purposes of the Corporations (Ancillary Provisions) Act 2001, Part 3 in relation to the Corporations Act 2001 of the Commonwealth, section 1322(1)–(3A) and (4)–(6), subject to the following modifications—

a reference to “this Act” is to be read as including a reference to the Act,

a reference to “a corporation” is to be read as including a reference to an association,

for section 1322(3)—

a reference to “a meeting” or “the meeting” is to be read as including a reference to a vote conducted by a postal, electronic or combined ballot, and

the reference to “a person entitled to attend the meeting” is to be read as including a reference to a person entitled to vote in the postal, electronic or combined ballot, and

the reference to “proceedings at the meeting” is to be read as including a reference to the vote conducted by a postal, electronic or combined ballot,

for section 1322(4)(b)—the reference to “any register kept by ASIC under this Act” is to be read as including a reference to a register kept under the Act.

For the Act, section 6(3)(h), an application for registration of an association made on behalf of a registrable corporation must include—

an estimate of the corporation’s income and expenditure for the financial year in which the application is made (the current financial year), and

a copy of the corporation’s financial statements for the financial year immediately preceding the current financial year.

An application for registration of an association (the proposed amalgamated association) made on behalf of 2 or more associations (the applicant associations) proposing to amalgamate must include the following—

an estimate of the combined assets and liabilities of the proposed amalgamated association at the time of the application,

an estimate of the income and expenditure of the proposed amalgamated association for the association’s first financial year,

either—

the original certificate of incorporation of each applicant association, or

if any of the original certificates have been lost—evidence of the certificates,

any documents that an applicant association failed to lodge, for the last 3 financial years, under the Act, section 45 or 49.

For the Act, section 15(3), the prescribed maximum number of alternative names that may be nominated is 3.

For the Act, section 18(1)(g), the names set out in Schedule 1 are declared to be unacceptable.

For the Act, section 78(3)(d), an application for a transfer of registration declaration must include the following—

a written statement regarding whether the entity to which the association intends to transfer the association’s incorporation is subject to rules that prohibit the distribution of profits to the entity’s members,

a written declaration that the association’s creditors are not likely to be materially prejudiced by the transfer,

a written declaration that the law of the Commonwealth, another State or a Territory will adequately provide for the continuation of the association’s legal personality after the transfer,

any documents that the association failed to lodge, for the last 3 financial years, under the Act, section 45 or 49.

For the Act, section 29(2)(d), the following particulars are prescribed—

whether the committee member holds the position of president, vice-president, secretary or treasurer of the association,

if the committee member is elected or appointed to a position referred to in paragraph (a)—

the date on which the member is elected or appointed, and

the date on which the member ceases to hold the position.

For the Act, sections 38(2) and 39(3), a postal, electronic or combined ballot must be conducted in accordance with Schedule 2.

For the Act, section 42(1)(a), an association’s gross receipts are equal to the total revenue recorded in the association’s income and expenditure statement for the financial year.

For the Act, section 42(1)(b), an association’s current assets are equal to the assets held by the association on the last day of the previous financial year.

For the Act, section 42(1), the prescribed amount is—

for gross receipts—$500,000, and

for current assets—$1,000,000.

In this section—

assets—

includes amounts held in financial institutions, stocks and debentures, and

does not include real property or assets that may depreciate.