Associations Incorporation Regulations 2016

For the purposes of section 12 of the Act, the names listed, or of a kind described, in Schedule 1 are prescribed under section 12(e) and (f) of the Act

Despite subregulation (1), a name listed, or of a kind described, in Schedule 1 is not prescribed for the purposes of section 12 of the Act in relation to an incorporated association if the Commissioner is satisfied that the special circumstances of the association justify its use of that name.

This section applies if the Commissioner is satisfied that a person is a fit and proper person to exercise the powers and perform the duties of liquidator of an incorporated association, having regard to —

the property, debts and liabilities of the incorporated association; and

the interests of the creditors and members of the incorporated association.

The Commissioner may, in writing —

approve the person referred to in subregulation (1) acting as liquidator of the incorporated association, subject to any conditions the Commissioner considers appropriate; and

vary or revoke that approval or those conditions.

A person may act as liquidator of an incorporated association only in accordance with the Commissioner’s approval under subregulation (2).

Unless the Commissioner otherwise requires, a person does not have to comply strictly with the style of an approved form.

A person must complete an approved form in accordance with any directions and instructions that are specified in, or relate to, the approved form.

must be of A4 size; and

must be legibly and clearly printed, written or otherwise produced in a permanent manner; and

must be capable of being copied in a manner that is satisfactory to the Commissioner.

This regulation does not apply to a document that is lodged with the Commissioner by electronic transmission.

Subject to the Act and these regulations, a document relating to an incorporated association that is required to be lodged with the Commissioner by or on behalf of the association must be signed by a member of the management committee of the association who is authorised by the management committee to do so.

The name of a person signing a document that is lodged with the Commissioner must be written legibly under or next to the person’s signature.

If a document, or part of a document, that is required to be lodged with the Commissioner is not in the English language, the document or part must be accompanied, unless the Commissioner otherwise approves, by an English translation of the document or part certified as a correct translation by a person approved by the Commissioner.

Before accepting for lodgment an English translation of a document or part of a document, the Commissioner may require the person lodging the translation to provide the Commissioner with evidence the Commissioner considers satisfactory of the ability of the person who made the translation to do so.

Subject to subregulation (2), an incorporated association that is required to give a copy of the association’s rules or of any particular part of those rules (the rules) to a member under section 36(1) of the Act may comply with that requirement by —

giving the rules to the member by electronic transmission; or

notifying the member of the details of a website where the rules may be downloaded.

If a member requests the incorporated association to give the rules in hard copy form, the association must give the rules to the member in that manner.

For the purposes of section 64(1) of the Act, the amount is $500 000.

For the purposes of section 64(3) of the Act, the amount is $3 000 000.