(1) In this section, a
reference to a transfer of incorporation by an incorporated association is a
reference to an incorporated association becoming registered or incorporated
as a prescribed body corporate (the body corporate ).
(2) The transfer of
incorporation by an incorporated association does not affect —
(a) the
identity of the association, which is to be taken to be the same body before
and after the transfer of incorporation; or
(b) any
act, matter or thing done or omitted to be done, or any circumstance
subsisting, before the transfer to the extent that the act, matter, thing,
omission or circumstance has any relevance to the association after the
transfer.
(3) Without limiting
subsection (2) —
(a)
proceedings by or against an incorporated association subsisting immediately
before the transfer of incorporation may be continued by or against the body
corporate in the name of the incorporated association; and
(b)
proceedings that might have been brought by or against an incorporated
association immediately before the transfer of incorporation may be commenced
by or against the body corporate.
(4) Without limiting
subsection (2), a transfer of incorporation does not affect —
(a) any
obligation or liability incurred under this Act; or
(b) any
penalty or forfeiture incurred in respect of any offence committed against
this Act; or
(c) any
investigation, proceeding or remedy in respect of any such obligation,
liability, penalty or forfeiture.
(5) Any such
investigation, proceeding or remedy may be instituted, continued or enforced,
and any such penalty or forfeiture may be imposed, as if the body corporate
were an incorporated association.
(6) This section has
effect in relation to a matter concerning an incorporated association that is
registered as a company under the Corporations Act only to the extent that
the matter is not dealt with by that Act.