Western Australian Current Acts

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ASSOCIATIONS INCORPORATION ACT 2015 - SECT 100

100 .         Transition to incorporation under another law

        (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.



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