Western Australian Current Acts

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           Long Title

   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Terms used

   PART 2 -- Incorporation of association

           Division 1 -- Eligibility  

   4.      Associations eligible for incorporation
   5.      Associations not eligible for incorporation
   6.      Regulations may declare associations to be ineligible

           Division 2 -- Requirements for application for incorporation  

   7.      Application to Commissioner
   8.      Commissioner may require public notice of application for incorporation
   9.      Request for refusal of incorporation

           Division 3 -- Incorporation  

   10.     Incorporation of association
   11.     Refusal of incorporation
   12.     Restrictions as to names of associations
   13.     Effect of incorporation
   14.     Powers of incorporated association
   15.     Manner in which contract may be made
   16.     When contract affected by deficiency in association’s legal capacity
   17.     Requirements of section 4 continue after incorporation
   18.     Certain property vests in incorporated association
   19.     Liability of members of management committee, trustees and members
   20.     Issue of replacement certificate

   PART 3 -- Rules

           Division 1 -- Rules of incorporated association  

   21.     Effect of rules
   22.      General requirements for content of rules
   23.      Commissioner may exempt from requirement of section
   24.      Restriction on distribution of surplus property
   25.     Commissioner may approve variation of provision implied by section
   26.      Model rules
   27.      Rules of associations existing at the commencement of section
   28.      Rules of an incorporated association
   29.     Adoption of model rules

           Division 2 -- Alteration of rules  

   30.      Alteration of rules
   31.      Change of name by alteration of rules
   32.      Corporate identity and other matters not affected by change of name
   33.     Certain other rule alterations to be approved by Commissioner
   34.     Request for refusal of change of name or other rule alterations

           Division 3 -- Provision of rules to members  

   35.     Rules to be available to members
   36.     When member to receive copy of rules
   37.      Further provision as to obligations under sections 35 and

   PART 4 -- Management

           Division 1 -- Management committee  

   38.     Management committee
   39.     Persons who are not to be members of management committee
   40.     Limitation of period for which section 39 applies to certain persons
   41.     Handing over of documents and records when membership of management committee ceases

           Division 2 -- Matters of material personal interest  

   42.     Disclosure of material personal interest
   43.     Voting on contract in which management committee member has a material personal interest

           Division 3 -- Duties of officers  

   44.     Duty of care and diligence
   45.     Duty of good faith and proper purpose
   46.     Use of position
   47.     Use of information
   48.     Interaction of sections 44 to 47 with other laws
   49.     Reliance on information or advice

           Division 4 -- Annual general meeting and special resolutions  

   50.     Annual general meeting
   51.     Requirements for special resolution
   52.     Evidence of passing of resolution

           Division 5 -- Register of members  

   53.     Register to be maintained
   54.     Inspection of register by member
   55.     Commissioner may request copy of register
   56.     Member may request copy of register
   57.     Improper use of information in register

           Division 6 -- Record of office holders  

   58.     Record of office holders
   59.     Commissioner may ask apparent office holders to provide information

           Division 7 -- Direction by Commissioner to convene general meeting  

   60.     Commissioner may direct that general meeting be convened
   61.     Rights of Commissioner or a delegate at meeting

   PART 5 -- Financial records, reporting and accountability

           Division 1 -- Preliminary  

   62.     Terms used
   63.     Financial reports of tier 2 and tier 3 associations
   64.     Tier 1, tier 2 and tier 3 associations
   65.     Commissioner may declare association to be tier 1 or tier 2 association

           Division 2 -- Financial records  

   66.     Obligation to keep financial records
   67.     Retention of financial records

           Division 3 -- Financial statements and reports

              Subdivision 1 -- Tier 1 associations  

   68.     Obligation to prepare annual financial statements
   69.     Review or audit of financial statements
   70.     Financial reporting to annual general meeting and Commissioner

              Subdivision 2 -- Tier 2 associations  

   71.     Obligation to prepare annual financial report
   72.     Review or audit of financial reports
   73.     Financial reporting to annual general meeting and Commissioner

              Subdivision 3 -- Tier 3 associations  

   74.     Obligation to prepare annual financial report
   75.     Audit of financial report
   76.     Financial reporting to annual general meeting

           Division 4 -- Special audit  

   77.     Commissioner may require special audit to be carried out

           Division 5 -- Reviews and audits  

   78.     Review or audit to be conducted in accordance with auditing standards
   79.     Working papers to be retained for 7 years
   80.     Reviewer’s or auditor’s independence declaration
   81.     Reviewer’s report on financial statements or financial report
   82.     Auditor’s opinion and report on financial statements or financial report
   83.     Reporting breaches of Act to Commissioner

           Division 6 -- Provisions relating to reviewers and auditors generally  

   84.     Fees and expenses
   85.     Information and assistance
   86.     Right to attend general meeting and be heard

           Division 7 -- Appointment and removal of reviewers and auditors  

   87.     Appointment of reviewer or auditor
   88.     Qualifications for appointment
   89.     Removal of reviewer or auditor by resolution
   90.     Reviewer or auditor may make representations
   91.     Exemption from section 90(2) requirements

   PART 6 -- Transfer of incorporation  

   92.     Term used: prescribed body corporate
   93.     Incorporated association may apply for approval of registration or incorporation under another law
   94.     Approval of Commissioner
   95.     Commissioner may direct incorporated association to apply for other registration or incorporation
   96.     Commissioner must give notice of intention to give direction
   97.     SAT review of proposed direction or amendment
   98.     Association must comply with section 95 direction
   99.     Cancellation of incorporation under this Act
   100.    Transition to incorporation under another law

   PART 7 -- Amalgamation  

   101.    Term used: new body
   102.    Application for incorporation of body formed by amalgamation
   103.    What must be included in application
   104.    Commissioner may require public notice of application
   105.    Request for refusal of incorporation of new body
   106.    Incorporation of new body
   107.    Time to be allowed for operation of section
   108.     Vesting of property and liabilities in new body

   PART 8 -- Statutory management of incorporated association  

   109.    Application by Commissioner to appoint statutory manager
   110.    State Administrative Tribunal may appoint statutory manager
   111.    Effect of appointment of statutory manager
   112.    Variation and revocation of order
   113.    Duration of appointment
   114.    Prerequisites of revocation of appointment
   115.    Statutory manager to report to Commissioner
   116.    Expenses of statutory management
   117.    Protection from liability
   118.    Additional powers of Commissioner
   119.    Proceedings against association stayed

   PART 9 -- Administration and winding up

           Division 1 -- Voluntary administration and winding up  

   120.    Administration under Corporations Act
   121.    Voluntary winding up under Corporations Act
   122.    Further application of Corporations Act

           Division 2 -- Winding up by Supreme Court  

   123.    Grounds on which winding up may be ordered
   124.    By whom application may be made
   125.    Application of Corporations Act
   126.    Cancellation of incorporation upon winding up by Supreme Court

           Division 3 -- Offence related to incurring of debt  

   127.    Duties of management committee members with respect to incurring of debt

   PART 10 -- Cancellation of incorporation

           Division 1 -- Voluntary cancellation where there is property to be distributed  

   128.    Term used: distribution plan
   129.    Initiation of cancellation of incorporation under this Division
   130.    Application for approval of distribution plan and cancellation
   131.    Commissioner may require public notice of application
   132.    Request for refusal to approve or cancel
   133.    Content and operation of distribution plan
   134.    Position where conditions attached to grant
   135.    Approval of distribution plan
   136.    Refusal to approve distribution plan
   137.    Time limit for implementation of plan
   138.    Duty of association
   139.    Reporting to Commissioner
   140.    Cancellation of incorporation under this Division

           Division 2 -- Voluntary cancellation where there are no debts or surplus property  

   141.    Application for cancellation under this Division
   142.    Content of application
   143.    Commissioner may grant application

           Division 3 -- Cancellation of incorporation by Commissioner on certain grounds  

   144.    Grounds on which Commissioner may act
   145.    Commissioner may require association to show cause
   146.    How association may show cause
   147.    Cancellation of incorporation where cause not shown
   148.    Powers in respect of property
   149.    Property vested in the State

           Division 4 -- General  

   150.    Liabilities not affected by cancellation of incorporation
   151.    Reinstatement of incorporation

   PART 11 -- Exclusion from Corporations legislation  

   152.    Excluded matters for Corporations Act section 5F

   PART 12 -- Administration

           Division 1 -- General  

   153.    Commissioner
   154.    General functions of Commissioner
   155.    Delegation by Commissioner
   156.    Regulations for the provision of information to the Commissioner
   157.    Commissioner may require documents relating to financial affairs to be produced
   158.    Application of Fair Trading Act 2010 sections 61, 112 and
           159. Protection from liability
   160.    Evidentiary provisions

           Division 2 -- Information and documents kept by Commissioner  

   161.    Commissioner must keep register of incorporated associations and other documents
   162.    Inspection of register or documents
   163.    Certification of document
   164.    Destruction of documents by Commissioner
   165.    Lodgment of documents
   166.    Documents may be lodged by facsimile or electronic transmission
   167.    Commissioner may refuse lodgment of document
   168.    No constructive notice of contents of documents

   PART 13 -- Review  

   169.    Reviewable decisions of Commissioner
   170.    Review by SAT of reviewable decisions

   PART 14 -- Investigation and enforcement  

   171.    Term used: authorised person
   172.    Application of Fair Trading Act 2010 PART
   173.    Infringement notices and the Criminal Procedure Act 2004

   PART 15 -- Miscellaneous  

   174.    Lodging notice of address for service
   175.    Change of address
   176.    Service on incorporated association
   177.    False or misleading statements in documents: offence
   178.    Commissioner may require statutory declaration
   179.    Use of “Incorporated” restricted
   180.    Time limit for commencing proceedings
   181.    Commissioner or authorised person may commence prosecution
   182.    Jurisdiction of SAT in respect of disputes
   183.    Regulations
   184.     Review of Act

   PART 16 -- Repeal of Associations Incorporation Act 1987 and transitional provisions

           Division 1 -- Repeal  

   185.    Associations Incorporation Act 1987 repealed

           Division 2 -- Transitional provisions

              Subdivision 1 -- Preliminary  

   186.    Terms used
   187.    Saving

              Subdivision 2 -- Existing incorporated associations  

   188.    Incorporation continued
   189.    Committee of existing incorporated association

              Subdivision 3 -- Continuation of certain matters in progress  

   190.    Existing applications for incorporation
   191.    Rule alteration in progress
   192.    Applications under repealed section 18 or 19 in progress
   193.    Applications for extension of time under repealed section 23(1)
           194. Certain applications for review made but not determined
   195.    Voluntary winding up in progress
   196.    Notice given under repealed section 34(1)
           197. Notice given under repealed section

              Subdivision 4 -- Alteration of rules by existing incorporated associations and section 190 incorporated associations  

   198.    Alteration of rules
   199.     Rules of existing incorporated associations to which repealed Schedule 2 clause 4 applied
   200.    Rule alterations may be made by management committee
   201.    Model rules apply if rules are not made compliant
   202.    Act modifications pending alteration of rules

              Subdivision 5 -- Other things to be done by existing incorporated associations and section 190 incorporated associations  

   203.    Notification of addresses

              Subdivision 6 -- Other provisions  

   204.    New section 50 applies where time is already running under section 23 of repealed Act
   205.    When accounting and financial reporting provisions start to apply to existing incorporated associations
   206.    Auditor’s appointments
   207.    Property vested under section 36 of repealed Act
   208.    Constructive notice under section 168 of this Act
   209.    Time limit under section 180 of this Act
   210.    References in written laws

              Subdivision 7 -- Further provision may be made  

   211.    Regulations

   PART 17 -- Consequential amendments  

   212.    Child Care Services Act 2007 amended
   213.    Cremation Act 1929 amended
   214.    Criminal Procedure Act 2004 amended
   215.    Education Service Providers (Full Fee Overseas Students) Registration Act 1991 amended
   216.    Electricity Corporations Act 2005 amended
   217.    Gaming and Wagering Commission Act 1987 amended
   218.    Hale School Act 1876 amended
   219.    Insurance Commission of Western Australia Act 1986 amended
   220.    Law Society Public Purposes Trust Act 1985 amended
   221.    Legal Aid Commission Act 1976 amended
   222.    Liquor Control Act 1988 amended
   223.    Local Government Act 1995 amended
   224.    Members of Parliament (Financial Interests) Act 1992 amended
   225.    Pharmacy Act 2010 amended
   226.    Planning and Development Act 2005 amended
   227.    Racing and Wagering Western Australia Act 2003 amended
   228.    School Education Act 1999 amended
   229.    Taxation Administration Act 2003 amended
   230.    Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended
   231.    Water Corporations Act 1995 amended
   232.    References to “1987” amended to “2015” in various Acts
           SCHEDULE 1 -- Matters to be provided for in rules of an incorporated association
           SCHEDULE 2 -- Vesting of property and liabilities on amalgamation  
           SCHEDULE 3 -- Modifications to text of Corporations Act
           SCHEDULE 4 -- Grounds for winding up by Supreme Court
           Compilation table

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