Associations Incorporation Act 1985

A person authorised by a special resolution of an incorporated association that has surplus assets of a value not exceeding the prescribed amount may apply to the Commission, in the form prescribed by the regulations, for deregistration of the association.

Where it is impracticable for an incorporated association to authorise a person to make an application under this section because the association no longer has an active membership, the Commission may accept an application signed by not less than two people each of whom is—

an officer of the association; or

a member of the association; or

a person who, in the opinion of the Commission, has a proper interest in the application.

An application under this section must be accompanied by—

a declaration in the prescribed form stating that the association has no liabilities and is not a party to any legal proceedings;

a statement setting out the proposed manner of distributing the association's surplus assets (or, where distribution has already occurred, setting out the basis on which that distribution was made); and

any other prescribed material; and

the prescribed fee.

A party to an application under this section must, at the request of the Commission, supply it with such further documents or information as the

Where an incorporated association making an application under this section does not have any valid rules governing the distribution of surplus assets on deregistration, the two people making an application under subsection (2) may request that the Commission approve the manner or proposed manner of distribution.

The Commission must, in approving a manner of distribution of surplus assets of an incorporated association, have regard to the objects of the association and any relevant provisions of the rules of the association.

The Commission must, within 1 month of the receipt of an application under this section, publish a notice, in a manner and form determined by the Commission to be most appropriate in the circumstances, setting out the prescribed particulars of the application and inviting members of the public to make written submissions to the Commission, within

In relation to an incorporated association that has not distributed its surplus assets, the Commission may, but is not obliged to, after the expiration of one month from the date of publication of the notice under subsection (7), approve the application for deregistration of the association if satisfied that—

the proposed manner of distribution of surplus assets is consistent with the requirements under section 43 in relation to distribution of assets upon winding up or with an approval of the Commission; and

no member of the public will suffer undue hardship as a result of deregistration of the association.

In relation to an incorporated association that has distributed its surplus assets, the Commission must, after the expiration of one month from the date of publication of the notice under subsection (7) or after the receipt of evidence satisfactory to the Commission as to the manner of distribution of surplus assets (whichever is the later), approve the application for deregistration of the association if satisfied that—

the manner of distribution of surplus assets was consistent with the requirements under section 43 in relation to distribution of assets upon winding up or with an approval of the Commission; and

no member of the public will suffer undue hardship as a result of deregistration of the association.

Within one month of an application under this section being approved, the Commission must publish a notice in the Gazette advising members of the public that the association named in the notice was deregistered under this section on the date specified in the notice.

On publication of a notice in the Gazette under subsection (10), the association named in the notice will be taken to be dissolved.

In this section—

$5 000; or

if a greater amount is prescribed by regulation, that amount;