Victorian Current Acts Victorian Current Acts(1) A registrable body is eligible to apply for incorporation under this Act if—
(a) the body has—
(i) in the case of a company—passed a special resolution, within the meaning of the Corporations Act, approving the application; or
(ii) in any other case—resolved in accordance with its rules that the application be made; and
(b) the purposes of the body (if any) are purposes for which an incorporated association may lawfully be carried on; and
Note
Under section 33, an incorporated association may not be formed or carried on for the purpose of securing pecuniary profit for its members.
(c) the body has rules that—
(i) comply with; or
(ii) will, on the incorporation of the body under this Act, comply with—
the requirements under section 47 applying to the rules of an incorporated association; and
(d) the body has nominated a person who is at least 18 years of age and is resident in Australia to be the first secretary of the proposed incorporated association.
(2) Despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities), a registrable body that intends to apply for incorporation under this Act may—
(a) alter its rules; or
(b) adopt new rules or the model rules—
to have effect from the date on which the body is registered as an incorporated association under this Act as if it were an incorporated association and the rules were the rules of an incorporated association.
(3) The person nominated to be the first secretary of the proposed incorporated association may perform any act or do anything necessary to secure the incorporation of the body under this Act despite anything to the contrary contained in the rules of the body.
(4) In this section—
"the rules", of a registrable body, include, where appropriate, the memorandum and articles of association of the body or its constitution.