Western Australian Current Acts Western Australian Current Acts (1) There is implied
in the rules of every incorporated association a provision that, on the
cancellation of the incorporation or the winding up of the association, its
surplus property can only be distributed to one or more of the following
—
(a) an
incorporated association;
(b) a
company limited by guarantee that is registered as mentioned in the
Corporations Act section 150;
(c) a
company holding a licence that continues in force under the Corporations Act
section 151;
(d) a
body corporate that at the time of the distribution is the holder of a licence
under the Charitable Collections Act 1946 ;
(e) a
body corporate that —
(i)
is a member or former member of the incorporated
association; and
(ii)
at the time of the distribution of surplus property, has
rules that prevent the distribution of property to its members;
(f) a
trustee for a body corporate referred to in paragraph (e);
(g) a
co-operative registered under the Co-operatives Act 2009 that, at the time of
the distribution of surplus property, is a non-distributing co-operative as
defined in that Act.
(2) The provision
described in subsection (1) has effect —
(a)
subject to section 134; and
(b)
despite any inconsistent provision in the rules of an incorporated
association.
(3) The application of
this section extends to an association that is, or is deemed to be, an
incorporated association immediately before the commencement of this section.