(1) The Commissioner
must approve an application for registration or incorporation being lodged if
satisfied that the continued incorporation of the association under this Act
would for any reason be inappropriate, including —
(a) on
account of the incorporated association having, in the opinion of the
Commissioner, ceased to be eligible to be incorporated under this Act; or
(b)
because any prescribed circumstances exist.
(2) The Commissioner
may approve an application for registration or incorporation being lodged if,
in the opinion of the Commissioner, it would be more appropriate for the
activities of the incorporated association that lodged the application to be
carried on by a body corporate registered or incorporated under some other
law.
(3) The grounds on
which the Commissioner may form an opinion for the purposes of subsection (2)
include the following —
(a) the
scale or nature of the activities of the incorporated association;
(b) the
value or nature of the property of the incorporated association;
(c) the
extent or nature of the dealings the incorporated association has with the
public;
(d) any
other matter the Commissioner considers relevant.
(4) An incorporated
association must act in accordance with the terms and conditions of the
Commissioner’s approval —
(a) in
making an application for registration or incorporation; and
(b) in
doing the things that are reasonably necessary to obtain it.