Associations Incorporation Act 1985

An association formed—

for a religious, educational, charitable or benevolent purpose; or

for the purpose of promoting or encouraging literature, science or the arts; or

for the purpose of providing medical treatment or attention, or promoting the interests of persons who suffer from a particular physical, mental or intellectual disability; or

for the purpose of sport, recreation or amusement; or

for the purpose of establishing, carrying on, or improving a community centre, or promoting the interests of a local community or a particular section of a local community; or

for conserving resources or preserving any part of the environmental, historical or cultural heritage of the State; or

for the purpose of promoting the interests of students or staff of an educational institution; or

for political purposes; or

for the purpose of administering any scheme or fund for the payment of superannuation or retiring benefits to the members of any organisation or the employees of any body corporate, firm or person; or

for the purpose of promoting the common interests of persons who are engaged in, or interested in, a particular business, trade or industry; or

for any purpose approved by the Minister, is, subject to this Act, eligible to be incorporated under this Act.

Subject to subsection (4), an association of the kind referred to in subsection (1)(i) is not, unless the Minister otherwise approves, eligible to be incorporated under this Act.

Subject to subsection (4), an association which is formed for the purpose of furthering or protecting the interests of employers or employees and which is eligible for registration under the Industrial Relations Act (S.A.) 1972 is not, unless the Minister otherwise approves, eligible to be incorporated under this Act.

Subsections (2) and (3) do not apply to an association that was, immediately before the commencement of this Act, an association incorporated under the repealed Act.

Subject to subsection (6), an association of which—

a principal or subsidiary object is to secure a pecuniary profit for the members of the association or any of those members; or

a principal or subsidiary object is to engage in trade or commerce, is not, unless the Commission otherwise approves, eligible to be incorporated under this Act.

An association is not, for the purposes of this Act, to be regarded as having as a principal or subsidiary object the securing of a pecuniary profit for its members or any of its members or engaging in trade or commerce by reason only of any one or more of the following circumstances:

that the association itself makes a pecuniary profit, unless that profit or any part of it is or is to be divided among or received by the members or any of them otherwise than in accordance with section 55; or

that the association buys or sells or deals in or provides goods or services where those transactions are ancillary to the principal objects of the association and, in the case of transactions with non-members (other than spouses, domestic partners, children or parents of members), the transactions—

are not substantial in number or value in relation to the other activities of the association; or

are intended to provide financial support to the association in a manner that is directly related to the objects of the association; or

consist in the charging of admission fees to functions organised for the promotion of the objects of the association; or

that the association is established for the protection of a trade, business, industry or calling in which the members are engaged or interested, if the association itself does not engage or take part in any such activity; or

that the members of the association compete for trophies or prizes in contests directly related to the objects of the association.

An approval of the Minister or the Commission under this section may be given on such conditions as the Minister or the Commission thinks fit.