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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 4

Securing pecuniary profit for members

    (1)     For the purposes of this Act, an association is not taken to secure pecuniary profit for its members or to be formed or carried on for the purposes of securing pecuniary profit for its members merely because one or more of the following apply to the association—

        (a)     the association itself makes a pecuniary profit, unless that profit, or any part of it, is divided among or received by its members or some of them;

        (b)     the members of the association are entitled under this Act to divide its assets among themselves on its dissolution;

        (c)     a member of the association receives—

              (i)     a payment of remuneration in good faith; or

              (ii)     a benefit to which he or she would be entitled if he or she were not a member of the association;

        (d)     the members of the association—

              (i)     compete for trophies or prizes in contests directly related to the purposes of the association; or

              (ii)     receive benefits through the enjoyment of facilities or services provided by the association for social, recreational, educational or other similar purposes;

        (e)     the association makes payments to a member that is an incorporated association having the same or similar purposes.

    (2)     For the purposes of section 13(2)(a), a reference in subsection (1) to an association is taken to include a reference to a registrable body.

Note

Under section 33, an incorporated association may not be formed or carried on for the purpose of securing pecuniary profit for its members.

Part 2—Formation of incorporated association

Division 1—Incorporation of association



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