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ASSOCIATIONS INCORPORATION ACT 1981 - SECT 48
Application to register amendment of rules
48 Application to register amendment of rules
(1) An incorporated association may, by special resolution, decide to amend
its rules.
(2) An amendment under subsection (1) may include the replacement
of the association’s rules with the model rules.
(3) An incorporated
association may apply to the chief executive to have the amendment registered.
(4) Within 3 months after the special resolution mentioned in subsection (1)
is passed, the association must give the application to the chief executive.
Penalty— Maximum penalty—1 penalty unit.
(5) The application must
be in the approved form and be accompanied by the information, documents and
fees required under the regulations.
(6) The application must also be
accompanied by— (a) a copy of the amendment or the complete rules with the
amendment clearly shown; and
(b) a statutory declaration by the
association’s secretary stating— (i) the amendment complies with this Act;
and
(ii) whether the effect of the amendment is to give the incorporated
association an industrial purpose.
(7) Subsection (6) does not apply to an
amendment mentioned in subsection (2) .
(8) After considering the
association’s application, the chief executive must grant or refuse the
application.
(9) However, the chief executive must refuse the application if
the industrial registrar gives the chief executive a notice under the
Industrial Relations Act 2016 , section 578K stating that the objection ground
is established for the application.
(10) Within 14 days after granting or
refusing the association’s application, the chief executive must give
written notice of the decision to the association.
(11) If the application is
refused, the notice to the association must include the chief executive’s
reasons for the decision.
(12) The amendment does not take effect if it is
not registered by the chief executive under section 49 .
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