New South Wales Consolidated Acts
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ASSOCIATIONS INCORPORATION ACT 2009
- As at 19 February 2024
- Act 7 of 2009
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Definition of "pecuniary gain"
PART 2 - REGISTRATION OF ASSOCIATIONS
Division 1 - Registration
6. Application for registration
7. Decision on application
8. Incorporation of associations other than former registrable corporations
9. Continuity of incorporation of former registrable corporations
Division 2 - Changing association's name, objects, constitution or official address
10. Application for change of particulars
11. Change of association's name at direction of, or by, Secretary
12. Decision on application
13. Notification of change of official address
14. Effect of registration of change of name, objects, constitution or official address
Division 3 - Reservation of names
15. Application for reservation of name
16. Decision on application
17. Duration of reservation of name
18. Unacceptable names
PART 3 - BASIC FEATURES OF ASSOCIATIONS
Division 1 - Association powers
19. Legal capacity and powers
20. Constitution may limit powers
21. Agent exercising association's power to make contracts
21A. Association not required to have seal
22. Execution of documents (including deeds) by an association
Division 2 - Assumptions people dealing with associations are entitled to make
23. Entitlement to make assumptions
24. Assumptions that may be made
Division 3 - General
25. Provisions of model constitution apply if adopted or if matter not addressed
26. Nature of association
27. Pre-registration contracts
PART 4 - MANAGEMENT OF ASSOCIATIONS
Division 1 - Committee members--general
28. Committee to be established
28A. Filling of vacancies on committee to constitute quorum
29. Register of committee members
30. Committee meetings
30A. Duty of committee members
30B. Personal liability of committee members
Division 1A - Committee members--offences
Note
31. Disclosure of interests
32. Dishonest use of information
33. Dishonest use of position
Division 2 - Public officer and authorised signatories
34. Public officer
35. Vacation of office of public officer
36. Authorised signatories
Division 3 - General
37. General meetings
38. Voting generally
39. Voting on special resolutions
40. Association not to provide pecuniary gain for its members
41. Where name must appear
PART 5 - FINANCIAL REPORTING
Division 1 - Tier 1 associations
42. Application of Division
43. Financial statements
44. Submission of reports and statements to AGM
45. Lodgment of documents with Secretary
Division 2 - Tier 2 associations
46. Application of Division
47. Financial statements
48. Submission of financial statements to AGM
49. Lodgment of summary with Secretary
Division 3 - General
50. Keeping of accounts and minutes of proceedings
51. Audit at the Secretary's direction
52. Auditor to be qualified and independent
53. Exemptions
PART 6 - EXTERNAL ADMINISTRATION AND WINDING UP
Division 1 - External administration on grounds of insolvency
54. Appointment of administrator--Corporations legislation
Division 2 - External administration on grounds other than insolvency
55. Appointment of administrator by Secretary
56. Effect of appointment of administrator
57. Revocation of appointment
58. Expenses of administration
59. Liabilities arising from administration
60. Stay of proceedings
61. Administrator to report to Secretary
Division 3 - Winding up
61A. Winding up on Secretary's certificate
62. Voluntary winding up
63. Winding up by Supreme Court
64. Modifications to text of applied Corporations Act 2001 of the Commonwealth
65. Distribution of surplus property
66. Appeal
Division 4 - Offences relating to incurring of debts or fraudulent conduct
67. Definitions
68. Incurring of debts in respect of association to which this Division applies
69. Fraudulent conduct in respect of association to which this Division applies
70. Powers of Supreme Court
71. Certain rights not affected
PART 7 - CANCELLATION AND TRANSFER OF REGISTRATION
Division 1 - Voluntary cancellation
72. Application for cancellation
73. Secretary may direct association to apply for cancellation
74. Decision on application for voluntary cancellation
75. Distribution of assets
Division 2 - Involuntary cancellation
76. Registration may be cancelled
77. Distribution of assets
Division 3 - Transfer of registration
78. Application for transfer of registration declaration
79. Decision on application
80. Effect of transfer of registration declaration
Division 4 - General
81. Loss of corporate status
82. (Repealed)
83. Certain liabilities not affected by cancellation
84. Reinstatement of registration
PART 8 - ENFORCEMENT PROVISIONS
Division 1 - Power to require information and documents
85. Power to require information and documents
86. Power to enter premises
87. Search warrants
88. Manner in which power of entry to be exercised
89. Damage to be minimised
Division 2 - Offences
90. Offence of using certain names
91. Offences by committee members
92. Obstruction of authorised officers
93. Penalty notices
94. Proceedings for offences
PART 9 - APPLICATION OF CORPORATIONS LEGISLATION
95. Excluded matters
96. Applying the Corporations legislation to associations
97. Modifications to applied provisions
PART 10 - MISCELLANEOUS
98. Register of Incorporated Associations
99. Power of Secretary to refuse to register or reject documents
100. Evidentiary certificates
101. Service of documents
102. Authorised officers
103. Exclusion of personal liability
104. Review of decisions of Secretary
105. (Repealed)
106. Delegation of Secretary's functions
106A. Exchange of information
107. Regulations
108. (Repealed)
109. Review of Act
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
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