Western Australian Current Acts

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ASSOCIATIONS INCORPORATION ACT 2015 - SECT 94

94 .         Approval of Commissioner

        (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.



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