(1) This section
applies if —
(a) the
Commissioner is satisfied that the continued incorporation of an association
under this Act would for any reason be inappropriate, including —
(i)
on account of the incorporated association having, in the
opinion of the Commissioner, ceased to be eligible to be incorporated under
this Act; or
(ii)
because any prescribed circumstances exist;
or
(b) 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.
(2) The grounds on
which the Commissioner may form an opinion for the purposes of subsection
(1)(b) 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.
(3) The Commissioner
may in writing direct the incorporated association to apply for, and do all
things that are reasonably necessary to obtain, registration or incorporation
as a prescribed body corporate.
(4) A direction under
subsection (3) —
(a) must
specify the period within which the application must be made; and
(b) may
specify any terms and conditions that are to be observed in making the
application for registration or incorporation or doing the things that are
reasonably necessary to obtain it.
(5) The Commissioner
may, by notice in writing to the incorporated association —
(a) from
time to time extend the period referred to in subsection (4)(a); or
(b)
revoke or amend a direction given under subsection (3).