Associations Incorporation Regulation 1999

This regulation may be cited as the Associations Incorporation Regulation 1999.

In this regulation—

former association see section 14A(4).

Sydney Olympic Games means the Summer Games of the Twenty-Seventh Olympiad to be conducted under the auspices of the International Olympic Committee.

Sydney Paralympic Games means the Paralympic Games to be held in Sydney in 2000 to be conducted under the auspices of the International Paralympic Committee.

For section 43 of the Act, each of the following is an unsuitable name—

a name containing a word or phrase mentioned in schedule 1, part 1, or an abbreviation of the word or phrase;

a name containing a word or phrase with the same or a similar meaning to a word or phrase mentioned in schedule 1, part 1, or an abbreviation of the word or phrase;

a name containing a word or phrase mentioned in schedule 1, part 2, column 1;

for an association that is not a controlled entity—a name containing a word or phrase mentioned in schedule 1, part 2A;

a name containing the word ‘Commonwealth’ or ‘Federal’;

a name suggesting, in the context in which it is proposed to be used, a connection with—

the Commonwealth, a State or Territory; or

the Commonwealth Government; or

the Government of a State or Territory; or

a local government; or

the government of a part of the Queen’s dominions; or

a department, authority or instrumentality of the Commonwealth Government; or

a department, authority or instrumentality of the government of a State or Territory;

a name suggesting, in the context in which it is proposed to be used, a connection, if it does not exist, with—

a member of the Royal Family; or

the receipt of Royal patronage; or

an ex-servicepersons’ organisation;

a name suggesting, in the context in which it is proposed to be used, the members of an association are totally or partially incapacitated if it is not the case;

a name that may reasonably be mistaken for—

the name of another association incorporated under an Act; or

the name of a cooperative registered under the Co-operatives National Law (Queensland); or

a name—

registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth), section 22; or

held under the Business Names Registration Act 2011 (Cwlth), section 54; or

held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5; or

the name of an organisation under the Industrial Relations Act 2016;

a name that—

appears on the National Names Index created by the Australian Securities and Investments Commission; and

is identical to a name reserved or registered under the Corporations Law;

a name likely to offend a reasonable person;

a name likely to deceive a reasonable person about the nature or identity of an association.

In deciding for subsection (1)(j) whether a name appearing on the National Names Index is identical to a name reserved or registered under the Corporations Law, the following matters are to be disregarded—

that the definite or indefinite article is the first word in 1 or both names;

the use of ‘Proprietary’, ‘Pty’, ‘Limited’, ‘Ltd’, ‘No Liability’, ‘NL’, ‘Incorporated’, ‘Inc’, ‘Cooperative’ or ‘Co-op’ in 1 or both names;

that the same word is used in the singular or plural in the names;

the type, size and case of letters, the size of any numbers or other characters, spaces between letters, numbers or characters, punctuation marks and any accents used in the names;

that 1 name contains a word stated in schedule 1, part 3, column 1 and the other name contains an alternative for that word stated in column 2.

In this section—

controlled entity see the Auditor-General Act 2009, section 5.

For section 43 of the Act, each of the following is also an unsuitable name—

a name containing a phrase mentioned in schedule 2, part 1;

a name containing a word, or an abbreviation of a word, mentioned in schedule 2, part 2, column 1, in conjunction with a word, or an abbreviation of a word, mentioned in column 2;

a name containing the word ‘24th’, ‘twenty-fourth’ or ‘XXIVth’ in conjunction with the word ‘olympic’, ‘olympics’ or ‘games’;

a name containing the word ‘27th’, ‘twenty-seventh’ or ‘XXVIIth’ in conjunction with the word ‘olympiad’;

a name containing the word ‘Sydney’ in conjunction with the number ‘2000’ or the words ‘two thousand’;

a name containing the word ‘gold’ in conjunction with the number ‘2000’ or the words ‘two thousand’;

a name containing the word ‘games’ in conjunction with the number ‘2000’ or the words ‘two thousand’;

a name containing a word, or an abbreviation of a word, mentioned in schedule 2, part 2, column 1 suggesting, in the context in which it is proposed to be used, a connection with the Sydney Olympic Games;

a name containing a word, or an abbreviation of a word, mentioned in schedule 2, part 2, column 1 suggesting, in the context in which it is proposed to be used, a connection with the Sydney Paralympic Games;

another name suggesting, in the context in which it is proposed to be used, a connection with either of the following—

the Sydney Olympic Games;

the Sydney Paralympic Games.

An application under section 45(1) of the Act to have a name that is, or includes, an unsuitable name mentioned in schedule 1, part 2, column 1 must be accompanied by the written agreement of the person mentioned in column 2 opposite the name.

A Sydney (Olympic) application must be accompanied by the written agreement of the Sydney Organising Committee for the Olympic Games.

A Sydney (Paralympic) application must be accompanied by the written agreement of the Sydney Paralympic Organising Committee Limited.

In this section—

Sydney (Olympic) application means an application to have, as an association’s name—

a name mentioned in section 4(a) to (g) suggesting, in the context in which it is proposed to be used, a connection with the Sydney Olympic Games; or

a name mentioned in section 4(h) or (j)(i).

Sydney (Paralympic) application means an application to have, as an association’s name—

a name mentioned in section 4(a) to (g) suggesting, in the context in which it is proposed to be used, a connection with the Sydney Paralympic Games; or

a name mentioned in section 4(i) or (j)(ii).

The rules of an incorporated association must provide for the matters in schedule 3.

The model rules for an incorporated association are in schedule 4.

s 9 amd 2007 SL No. 120 s 6; 2022 SL No. 99 s 4

om 2023 SL No. 59 s 5

For section 58 of the Act, definition accountant, each of the following qualifications is prescribed—

membership of Chartered Accountants Australia and New Zealand and an entitlement to use the letters ‘CA’ or ‘FCA’;

membership of CPA Australia and an entitlement to use the letters ‘CPA’ or ‘FCPA’;

membership of the Institute of Public Accountants and an entitlement to use the letters ‘MIPA’ or ‘FIPA’.

For section 58 of the Act, definition auditor, the qualification prescribed is registration as an auditor under the Corporations Act.

For section 58 of the Act, definition large incorporated association, paragraph (a)(i), the amount is $1,000,000.

For section 58 of the Act, definition large incorporated association, paragraph (b)(i), the amount is $500,000.