Western Australian Current Acts

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3 .         Terms used

                In this Act, unless the contrary intention appears —

        alter , in relation to the rules of an incorporated association, includes to add to, replace or rescind;

        approved form means a form approved by the Commissioner for the purposes of the provision in which the term is used;

        a repealed Act means —

            (a)         the Associations Incorporation Act 1987 repealed by section 185;

            (b)         the Associations Incorporation Act 1895 repealed by section 47 of the Act mentioned in paragraph (a);

        association includes society, club, institution or body;

        books includes the following —

            (a)         a register;

            (b)         financial records, financial statements or financial reports, as each of those terms is defined in section 62, however compiled, recorded or stored;

            (c)         a document;

            (d)         any other record of information;

        Commissioner means the person for the time being designated as the Commissioner under section 153;

        Corporations Act means the Corporations Act 2001 (Commonwealth);

        Department means the department of the Public Service principally assisting in the administration of this Act;

        financial year means the period provided for under Schedule 1 Division 2 clause 4 or 5;

        full voting rights , in relation to an association, means the right to vote at its general meetings;

        incorporated association means an association that is, or is taken to be, incorporated under this Act;

        liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person;

        management committee , in relation to an incorporated association, has the meaning given in section 38;

        model rules means the model rules prescribed under section 26;

        officer , of an incorporated association, means any of the following —

            (a)         a member of the management committee of the association;

            (b)         a person, including an employee of the association, who makes, or participates in making, decisions that affect the whole, or a substantial part, of the operations of the association;

            (c)         a person who has the capacity to significantly affect the association’s financial standing;

            (d)         a person in accordance with whose instructions or wishes the management committee of the association is accustomed to act (but excluding a person who gives advice to the association in the proper performance of functions attaching to the person’s professional capacity or to the person’s business relationship with members of the management committee or with the association);

        property means any legal or equitable estate or interest in, or claim to, real or personal property of any description, whether present or future and whether vested or contingent, and includes —

            (a)         a thing in action; and

            (b)         money;

        special resolution means a resolution of an incorporated association passed in accordance with section 51;

        surplus property , in relation to an incorporated association, means property remaining after satisfaction of —

            (a)         the debts and liabilities of the association; and

            (b)         the costs, charges and expenses of winding up or cancelling the incorporation of the association,

        but does not include books pertaining to the management of the association;

        the repealed Act means the Associations Incorporation Act 1987 repealed by section 185.

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