Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 59B

Revocation of exemption from section 57

    (1)         The Registrar may revoke an exemption granted to an incorporated association under section 59A if satisfied that there are no longer special circumstances applying to the association that justify the exemption from the requirement under section 57.

    (2)     The Registrar may revoke the exemption—

        (a)     on the Registrar's own initiative; or

        (b)     on the application of the incorporated association made in accordance with this section.

    (3)     The secretary of an incorporated association may apply to the Registrar to revoke an exemption granted to the association by the Registrar under section 59A.

    (4)     The application must be in writing and explain why the special circumstances that applied to the association that justified the granting of the exemption no longer exist.

    (5)     The Registrar must notify the secretary of an incorporated association in writing of the Registrar's decision—

        (a)     to revoke the exemption, whether the decision is made on the Registrar's own initiative or on the application of the association; or

        (b)     to refuse to revoke the exemption.

    (6)     If the Registrar revokes an exemption granted to an incorporated association under section 59A, the secretary must give to each member of the association notice of the revocation that includes the prescribed particulars.

    (7)     If the Registrar revokes an exemption, whether on the Registrar's own initiative or on the application of the association, the Registrar must publish notice of the revocation in the Government Gazette and on an Internet website maintained by the Registrar.

    (8)     An incorporated association or a member of the incorporated association may apply to VCAT for a review of a decision by the Registrar to revoke or refuse to revoke an exemption granted to the association under section 59A

        (a)     in the case of an application by the association—within 28 days after the decision was notified to the secretary of the association under subsection (5); or

        (b)     in the case of an application by a member of the association—within 28 days after notice of the revocation was given to the member by the secretary of the association under subsection (6).

    (9)     If an exemption granted to an incorporated association under section 59A is revoked, the secretary of the association must not permit a member to access the register of members unless—

        (a)     28 days have elapsed since the secretary gave notice of the revocation to the member under subsection (6); and

        (b)     either—

              (i)     no member of the association has applied to VCAT for a review of the decision to revoke the exemption within the time allowed under subsection (8); or

              (ii)     an application has been made to VCAT and the decision to revoke the exemption has been upheld by VCAT.

Division 4—General meetings



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