Australian Capital Territory
Associations Incorporation Act 1991
A1991-46
Republication No 23
Effective: 28 May 2012
Republication date: 28 May 2012
Last amendment made by A2012-2
Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Associations Incorporation Act 1991 (including any amendment
made under the Legislation Act 2001 , part 11.3 (Editorial changes)) as in force on 28 May
2012 . It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 28 May 2012.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001 , part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001 , s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001 , section
95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001 , s 133).
Australian Capital Territory

Associations Incorporation Act 1991

Contents
Page
Part 1 Preliminary
2
1 Name of Act
2
2 Dictionary
2
3 Notes
2
4 Trade or pecuniary gain—interpretation
2
Part 2 Administration
4
9 Registers
4
10 Copies of certificates of incorporation
4
11 Inspection of documents
4
12 Disposal of documents
5
13 Defective documents

6
13A Addresses may be kept confidential
7
Part 3 Incorporation generally
8
Division 3.1 Preliminary
8
14 Eligibility for incorporation
8
15 Ineligible associations—incorporation
8
16 Matters preliminary to incorporation
9
17 Powers of authorised person
9
Division 3.2 Incorporation
10
18 Applications for incorporation
10
19 Certificate of incorporation
11
20 Date of incorporation
12
21 Constitution of incorporated associations
12
22 Corporate identity
12
23 Property
13

24 Legal capacity of incorporated associations
13
25 Restriction of actions
14
Division 3.3 Incorporation of amalgamating associations
15
26 Amalgamation of incorporated associations
15
27 Incorporation of amalgamating associations
17
28 Effect of incorporation—amalgamated associations
17
Division 3.4 Objects and rules of incorporated associations
19
29 Objects
19
30 Alteration of objects
19
31 Rules
19
32 Rules other than model rules
20
33 Alteration of rules
20
34 Illegal objects or rules
21
35 Copies of documents for members
21
Division 3.5 Names of incorporated associations
22

36 Names
22
37 Reservation of names
22
38 Change of name
24
39 Compulsory change of name
25
40 Effect of change of name
25
41 Name on association’s documents etc
26
Division 3.6 Contracts
26
42 References to purported entry into contracts etc—div 3.6
26
43 Ratification of pre-incorporation contracts
27
44 Liability of party to contract
28
45 Substituted contract
31
46 Substituted rights and liabilities
32
47 Post-incorporation contracts
32
Division 3.7 Rights and liabilities of members and officers
32
48 Relationship between association and members
32

49 Court’s jurisdiction
32
50 Rules of natural justice
33
51 Liability of officers and members
33
52 Property rights
33
53 Enforcement of rights
33
Division 3.8 Miscellaneous
34
54 Disposal of trust property
34
55 Authentication and execution of documents
35
56 Validity of documents executed under common seal
36
Part 4 Management
37
57 Public officer
37
58 Inaugural public officer
37
59 Notice of public officer’s appointment or change of address
38
60 Committee
38
61 Inaugural committee

38
62 Notice of changes in committee
39
63 Disqualification from office––convictions or bankruptcy
39
63A Disqualification from office––noncompliance with Act
41
64 Vacancy in office of public officer
42
65 Disclosure of committee member’s interest
43
66 Information from officers
44
67 Register of members
44
68 First annual general meeting
45
69 Annual general meetings
45
70 Special resolutions
45
Part 5 Accounts, audit and annual returns
46
71 Accounting records
46
72 Annual statement of accounts
46
73 Presentation of statement to members
47
74 Audit of accounts

48
75 Auditor’s powers and duties
50
76 Auditor of prescribed associations
50
77 Auditor’s liability
53
78 Obstruction of auditor
53
79 Annual returns
54
80 Lodgment of particulars instead of documents
55
Part 6 Transfer of incorporation
57
81 Definitions for pt 6
57
82 Voluntary transfer of incorporation
57
83 Cancellation where continued incorporation inappropriate
58
84 Membership of proposed company
60
85 Cancellation of incorporation following voluntary transfer
60
86 Effect of cancellation of incorporation
61
87 Transfer of land to company
61

Part 7 Winding-up
62
88 Voluntary winding-up
62
89 Application for winding-up by the court
62
90 Winding-up by the court
62
91 Application of Corporations Act
63
92 Property of defunct association
63
93 Cancellation of incorporation
65
94 Property of former incorporated association
68
95 Property vested in registrar-general
68
96 Liability in relation to property vested in registrar-general
70
97 Registrar-general’s power to act for defunct association
70
98 Records of property vested in registrar-general
71
Part 8 Investigation of association’s affairs
72
99 Meaning of books in pt 8
72
100 Secrecy

72
101 Investigations by registrar-general
73
102 Scope of registrar-general’s powers
74
103 Production of association’s books
74
104 Inspection of books held by lawyer
76
105 Liability of person producing books
77
Part 9 Offences and related matters
78
106 Proceedings for offences
78
107 Offences related to inspection of books
78
108 Offences by officers of associations etc
79
109 Offence—trade or pecuniary gain
80
110 Liability of members
80
112 Offences by unincorporated bodies
80
114 Investment with associations
81
115 Certificates as evidence
82
116 Copies or extracts of books as evidence

83
117 Constructive notice of documents etc
84
Part 10 Notification and review of decisions
86
118 Meaning of reviewable decision— pt 10
86
119 Reviewable decision notices
86
119A Applications for review
86
Part 11 Miscellaneous
87
120 Extensions of time for applications etc
87
121 Registered office of incorporated association
87
122 Service of documents
88
123 Translation of instruments
89
124 Powers of the court
89
125 Determination of fees
89
126 Approved forms
90
127 Regulation-making power

90
Schedule 1 Matters to be provided for in rules other than
model rules
92
Schedule 2 Modification of the Corporations Act, part 5.7
in its application to incorporated associations
95
Schedule 3 Reviewable decisions
98
Dictionary
99
Endnotes 103
1 About the endnotes
103
2 Abbreviation key
103
3 Legislation history
104
4 Amendment history
108
5 Earlier republications
117
Australian Capital Territory

Associations Incorporation Act 1991
An Act to provide for the incorporation of certain associations, and for related
purposes

Part 1 Preliminary
1 Name of Act
This Act is the Associations Incorporation Act 1991 .
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in
this Act, and includes references (signpost definitions ) to other terms
defined elsewhere in this Act.
For example, the signpost definition ‘memorandum , for part 6 (Transfer of
incorporation)—see section 81.’ means that the term ‘memorandum’ is
defined in that section for part 6.
Note 2 A definition in the dictionary (including a signpost definition)
applies to the entire Act unless the definition, or another provision of
the Act, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
4 Trade or pecuniary gain—interpretation
For this Act, an association is not taken to be formed or carried on
with the object of trading or obtaining pecuniary gain for its members,
or to be trading or obtaining pecuniary gain for its members, only
because—
(a) the association obtains a pecuniary gain, none of which is
received by any of its members, or otherwise credited to its
members; or
(b) the association buys or sells or otherwise deals in goods or
services where those transactions are ancillary to the principal
object of the association and, if the transactions are carried out
with persons other than its members, the transactions—

(i) are not substantial in number or value in relation to the
other activities of the association; or
(ii) consist of charging admission fees to displays, exhibitions,
contests, sporting fixtures or other events organised for the
purpose of promoting the objects of the association; or
(c) the association—
(i) is established with the object of protecting a trade,
business, industry or calling in which its members are
engaged or interested; and
(ii) does not engage in, or in a branch or part of, the trade,
business, industry or calling; or
(d) the association provides facilities or services for its members; or
(e) its members derive a pecuniary gain from the enjoyment of
facilities or services provided by the association for social,
recreational, educational or other like purposes; or
(f) any of its members receives remuneration from the association
for goods or services supplied by the member, or otherwise
obtains a pecuniary gain from the association to which the
member would be entitled if he or she were not a member of the
association; or
(g) its members compete for trophies or prizes in contests directly
related to the objects of the association.

Part 2 Administration
9 Registers
(1) The registrar-general must keep a register of any matter the registrar-
general considers necessary for this Act.
(2) The register may include any information the registrar-general
considers appropriate.
(3) The register may be kept in any form, including electronically, that the
registrar-general decides.
10 Copies of certificates of incorporation
The registrar-general must keep a copy of each certificate of
incorporation issued by the registrar-general.
11 Inspection of documents
(1) A person may—
(a) inspect any document lodged with the registrar-general under
this Act or the repealed Act; and
(b) obtain from the registrar-general a copy of, or an extract from, or
a certified copy or certified extract, as the person requires, of or
from any document that the person is entitled to inspect; and
(c) obtain from the registrar-general a certified copy of the certificate
of incorporation of an incorporated association.
Note 1 A fee may be determined under s 125 (Determination of fees) for this
section.
Note 2 A person cannot inspect or obtain a copy of another person’s address
that is contained in a lodged document if the other person has asked for
their address to be kept confidential under s 13A.
(2) In this section—
(a) a reference to a copy of, or an extract from, a document includes
a reference to a print-out of the matters or some of the matters
contained in the document and recorded in a computerised

database comprising the matters contained in documents issued
by or lodged with the registrar-general; and
(b) a reference to a document includes a reference to—
(i) a copy of a certificate of incorporation kept by the registrar-
general under section 10; and
(ii) an application lodged with the registrar-general under this
Act; and
(iii) if a reproduction or transparency of a document lodged
with the registrar-general has been incorporated in a
register—the reproduction or transparency; and
(iv) a display on the screen of a computer terminal of a matter
or matters recorded in the computerised database referred
to in paragraph (a);
but does not include a reference to any document disposed of by
the registrar-general under section 12.
12 Disposal of documents
The registrar-general may dispose of—
(a) any document lodged with the registrar-general in relation to an
incorporated association that, at least 7 years previously, was
dissolved or ceased to be registered or the incorporation of
which was cancelled; or
(b) any document of which a reproduction or transparency has been
incorporated in a register under section 9;
if, in the opinion of the registrar-general, it is no longer necessary or
desirable to keep the document.
13 Defective documents
(1) If the registrar-general is of the opinion that a document submitted
for lodgment with the registrar-general—
(a) contains matter contrary to law; or
(b) contains matter that is, in a material particular, false or

misleading in the form or context in which it appears; or
(c) has not been duly completed because of an omission or
misdescription; or
(d) does not comply with this Act; or
(e) contains an error, alteration or erasure;
the registrar-general may refuse to receive or register the document
and may require—
(f) that the document be appropriately amended or completed and
resubmitted; or
(g) that another document be lodged in place of the defective
document; or
(h) if the document has not been duly completed— that a
supplementary document be lodged.
Note If a form is approved under s 126 (Approved forms) for a document,
the form must be used.
(2) The registrar-general may require a person who submits a document
for lodgment with the registrar-general to give the registrar-general
any other document or further information that the registrar-general
thinks necessary in order to form an opinion whether the registrar-
general may refuse to receive or register the document.
13A Addresses may be kept confidential
(1) This section applies to a document that is or has been lodged with the
registrar-general under this Act.
(2) A person whose address is contained in the document may ask the
registrar-general, in writing, to keep the person’s address confidential.
Note If a form is approved under s 126 (Approved forms) for a request,
the form must be used.
(3) If a person makes a request under subsection (2), the registrar-general
must ensure that any document the subject of the request is made
available for inspection under section 11 only in a way that does not
show the person’s address.

(4) However, a person who is the public officer of an incorporated
association must have at least 1 address available for inspection under
section 11.
Note A public officer’s address may be a residential, business or PO box
address.

Part 3 Incorporation generally
Division 3.1 Preliminary
14 Eligibility for incorporation
(1) An association is eligible for incorporation if it—
(a) has at least 5 members; and
(b) is formed or carried on for a lawful object; and
(c) is not ineligible for incorporation under subsection (2).
(2) An association is ineligible for incorporation under this subsection if
it—
(a) is formed or carried on with the object of trading or obtaining
pecuniary gain for its members; or
(b) is trading or obtaining pecuniary gain for its members; or
(c) has capital divided into shares or stock held by its members; or
(d) holds property in which its members have an alienable interest,
whether directly or in the form of shares or stock in its capital or
otherwise; or
(e) is capable of applying for registration as an organisation under
the Fair Work (Registered Organisations) Act 2009 (Cwlth),
chapter 2, part 2.
15 Ineligible associations—incorporation
(1) The M inister may declare an association to be eligible for
incorporation under this Act even though the association is formed or
carried on with the object of obtaining pecuniary gain, or trading or
obtaining pecuniary gain, for the members of the association.
Note Power given under an Act to make a statutory instrument includes
power to make different provision for different categories, eg different
classes of people (see Legislation Act, s 48).
(2) The Minister may make the incorporation of an association under a

declaration subject to any conditions determined by the Minister.
(3) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
2001 .
16 Matters preliminary to incorporation
An association or a group of 5 or more persons proposing to form
and incorporate an association may, by resolution—
(a) authorise a person who is at least 18 years of age and who
resides in the ACT to apply for the incorporation of the
association or proposed association; and
(b) approve a statement of the objects of the association or proposed
association for the purposes of the application; and
(c) adopt rules of the association or proposed association, being—
(i) the model rules, as in force from time to time; or
(ii) rules other than the model rules, being rules that comply
with section 32; and
(d) appoint at least 3 members of the association or of the group
proposing to form and incorporate an association to be the
inaugural members of the committee of the incorporated
association if the application is successful.
17 Powers of authorised person
(1) An authorised person may—
(a) lodge an application with the registrar-general for the
incorporation of an association or proposed association; and
(b) do anything necessary to secure the incorporation of the
association or proposed association.
(2) Subsection (1) (b) applies in relation to an authorised person despite
any provision to the contrary in the rules adopted by the association
or proposed association under section 16 (c).

Division 3.2 Incorporation
18 Applications for incorporation
(1) An application for the incorporation of an association or proposed
association—
(a) must state—
(i) the proposed name of the association or proposed
association (being a name that complies with division 3.5);
and
(ii) the name and address of the applicant; and
(iii) the name and address of the person who will be the
inaugural public officer of the association; and
(iv) the name and address of each person who will be an
inaugural member of the committee of the association or
proposed association; and
(v) the address and hours of opening of the registered office (if
any) of the association or proposed association in
accordance with section 121 (1); and
(vi) the prescribed particulars (if any); and
Note A person may ask the registrar-general to keep their address
confidential (s 13A (2)). However, a public officer must have at
least 1 address publicly available (s 13A (4)).
(b) must be accompanied by—
(i) a copy of a statement of the objects of the association or
proposed association approved under section 16 (b); and
(ii) a notice (if any) given under section 37 (3) stating the name
reserved for incorporation of the association or proposed
association; and
(iii) a statement to the effect that the model rules as in force
from time to time have been adopted as the rules of the
association or proposed association under
section 16 (c) (i), or a copy of the rules of the association

or proposed association adopted under section 16 (c) (ii);
and
(iv) a notice specifying particulars of any trust relating to the
association or proposed association, with a copy of the
deed or other instrument creating or embodying the trust;
and
(v) a statement by the applicant in accordance with subsection
(2); and
(vi) the prescribed documents (if any).
Note If a form is approved under s 126 (Approved forms) for an
application or notice, the form must be used.
(2) A statement by the applicant for subsection (1) (b) (v) must certify
that—
(a) the applicant is authorised to apply for the incorporation of the
association or proposed association under section 16 (a); and
(b) the particulars stated in the application are correct; and
(c) the copy of each document accompanying the application is a
true copy of the document.
19 Certificate of incorporation
If—
(a) an application for the incorporation of an association or
proposed association is made under section 18; and
(b) the registrar-general is satisfied that the association is, or would
be, when formed, eligible for incorporation under this Act;
the registrar-general must incorporate the association or proposed
association by issuing to it a certificate of incorporation.
20 Date of incorporation
An association is taken to have been incorporated on the date stated in
the certificate of incorporation as the date of incorporation.
21 Constitution of incorporated associations

(1) An incorporated association is, subject to this Act and the rules of the
association, taken to be constituted, under the name stated in the
certificate of incorporation issued for the association, by the persons
who are its members from time to time.
(2) For subsection (1), persons who were, immediately before the date on
which an association was incorporated—
(a) for an association for which the certificate was issued under
section 19—members of the association, or members of the
group proposing to form the association; or
(b) for an association incorporated under section 27—the members
of the associations that amalgamated under that section;
are taken to have been members of the association at the time the
association was incorporated.
22 Corporate identity
An incorporated association—
(a) is a body corporate with perpetual succession; and
(b) must have a common seal; and
(c) has power to acquire, hold and dispose of real and personal
property; and
(d) is capable of suing and being sued in its corporate name; and
(e) is capable of performing all the functions of a body corporate.
23 Property
(1) Any property that was, immediately before the date on which an
association was incorporated, held, in trust or otherwise, on behalf of
the association or proposed association by any person (including, for
an association incorporated under section 27, property held by or on
behalf of an amalgamating association within the meaning of division
3.3) is taken to have vested in the association on incorporation.
(2) Property referred to in subsection (1) vests in an association subject
to any mortgage, charge, encumbrance, lien, lease, covenant, contract

or other liability affecting the property immediately before the date on
which the association was incorporated, and subject to the provisions
of any trust affecting the property immediately before that date.
(3) After property that is taken to have vested in an association in
accordance with subsection (1) has been delivered or transferred to
the association, the trustee of that property immediately before it
became so vested is liable or accountable for the property and is not
bound to see to the application, distribution or appropriation of that
property.
24 Legal capacity of incorporated associations
An incorporated association has, both within and outside the ACT,
the legal capacity of a natural person and, without limiting the
generality of the foregoing, has, both within and outside the ACT,
power—
(a) to grant a floating charge on property of the association; and
(b) to arrange for the association to be registered or otherwise
recognised as a corporate body in a place outside the ACT; and
(c) to do any act that it is authorised to do by any other law.
25 Restriction of actions
(1) The objects or rules of an incorporated association may contain an
express restriction on, or an express prohibition of, the exercise by
the association of any power given by this Act to the association.
(2) If an incorporated association—
(a) purports to exercise a power contrary to an express restriction
on, or an express prohibition of, the exercise of that power,
being a restriction or prohibition contained in the objects or rules
of the association; or
(b) does an act otherwise than in accordance with the objects of the
association;
the association contravenes this subsection.
(3) An officer of an incorporated association must not, by act or

omission, directly or indirectly, be knowingly concerned in or party to
a contravention by the association of subsection (2).
(4) If, by purporting to exercise a power as mentioned in
subsection (2) (a), or by doing an act as mentioned in
subsection (2) (b), an incorporated association contravenes subsection
(2), the purported exercise of the power, or the act, is not taken to be
invalid only because of the contravention.
(5) An act by an officer of an incorporated association is not taken to be
invalid only because the act is prohibited by subsection (2).
(6) The fact that—
(a) by purporting to exercise a power as mentioned in
subsection (2) (a), or by doing an act as mentioned in subsection
(2) (b), an incorporated association contravened, or would
contravene, subsection (2); or
(b) by doing a particular act, an officer of an incorporated
association contravened, or would contravene, subsection (3);
is not admissible in evidence in any proceedings except—
(c) a prosecution of a person for an offence against this Act; or
(d) proceedings against the association by a member of the
association to restrain the association from doing any act; or
(e) proceedings by the association or by a member of the
association against an officer or former officer of the
association; or
(f) an application by the registrar-general or by a member of the
association to wind up the association.
Division 3.3 Incorporation of amalgamating
associations
26 Amalgamation of incorporated associations
(1) Two or more incorporated associations proposing to amalgamate (in
this division called the amalgamating associations ) may lodge with
the registrar-general a joint application for incorporation as a single

association (in this division called the new association ) if—
(a) the terms of the proposed amalgamation and a statement of the
objects of the new association have each been approved by a
special resolution passed by each amalgamating association; and
(b) the model rules as in force from time to time, or other rules that
comply with section 32, have been adopted as the rules of the
new association by a special resolution passed by each
amalgamating association.
(2) An application—
(a) must state—
(i) the proposed name of the new association (being a name
that complies with division 3.5); and
(ii) the name and address of the person nominated by the
amalgamating associations to be the inaugural public
officer of the new association; and
(iii) the names and addresses of at least 3 persons nominated by
the amalgamating associations to be the inaugural members
of the committee of the new association; and
(iv) the address and hours of opening of the registered office (if
any) of the new association in accordance with section 121
(1); and
(v) the prescribed particulars (if any); and
Note A person may ask the registrar-general to keep their address
confidential (s 13A (2)). However, a public officer must have at
least 1 address publicly available (s 13A (4)).
(b) must be accompanied by—
(i) a copy of the statement of the objects of the new
association approved in accordance with section 26 (1) (a);
and
(ii) a statement to the effect that the model rules as in force
from time to time have been adopted in accordance with
section 26 (1) (b) as the rules of the new association, or a

copy of other rules adopted in accordance with that section
as the rules of the new association; and
(iii) a notice stating particulars of any trust relating to the
amalgamating associations or the new association, with a
copy of the deed or other instrument creating the trust; and
(iv) a statement to the effect that the resolutions referred to in
subsection (1) (a) and (b) have been duly passed by the
amalgamating associations; and
(v) a statement by the applicants in accordance with subsection
(3); and
(vi) the prescribed documents (if any).
Note If a form is approved under s 126 (Approved forms) for an
application, notice or statement, the form must be used.
(3) A statement for subsection (2) (b) (v) must be made jointly by the
amalgamating associations to the effect that—
(a) the particulars stated in the application are correct; and
(b) the copy of each document accompanying the application is a
true copy of the document.
27 Incorporation of amalgamating associations
If the registrar-general is satisfied—
(a) that each amalgamating association making an application under
section 26 (1) has complied with this Act; and
(b) that the new association is, or would be when formed, eligible
for incorporation under this Act;
the registrar-general must incorporate the new association by issuing
to it a certificate of incorporation.
28 Effect of incorporation—amalgamated associations
(1) On the incorporation of a new association under section 27—
(a) each of the amalgamating associations that was a party to the
incorporation is taken to have been dissolved and to have had its

incorporation cancelled; and
(b) the bodies corporate previously constituted by the amalgamating
associations are taken to be subsumed in the body corporate
constituted by the new association; and
(c) any property or proprietary or other right that was, immediately
before the date when the new association was incorporated,
vested in an amalgamating association are, subject to any trust
affecting the property or right, taken to be vested in, and may be
exercised or enforced by, the new association; and
(d) any liability, obligation or penalty that could have been enforced
against or recovered from an amalgamating association
immediately before that date is enforceable against or
recoverable from the new association; and
(e) any investigation, legal proceeding or remedy that could,
immediately before that date, have been instituted, continued or
enforced against an amalgamating association may be instituted,
continued or enforced against the new association; and
(f) this Act applies in relation to the new association as if it had
been incorporated under section 19.
(2) If, under subsection (1) (c), land or an interest in land (being land in
the ACT) held by an existing association is taken to be property of a
new association, the registrar-general must, on production of the
certificate of incorporation of the new association, endorse the
relevant certificate of title in the register kept under the Land Titles Act
1925 to that effect.
(3) A reference in a will or other instrument to an association that was a
party to the incorporation of a new association under section 27 must,
unless the will or other instrument otherwise provides, be construed
as a reference to the new association.
Division 3.4 Objects and rules of incorporated
associations
29 Objects

The objects of an incorporated association are the objects appearing in
the statement of the association’s objects lodged with the registrar-
general under section 18 (1) (b) (i) or 26 (2) (b) (i), being those
objects as altered from time to time in accordance with section 30.
30 Alteration of objects
(1) An incorporated association may, by special resolution, alter its
objects.
(2) An incorporated association must, not later than 1 month after a
special resolution to alter the objects of the association has been
passed by the association, lodge with the registrar-general a notice
setting out the particulars of the alteration.
Maximum penalty: 2 penalty units.
Note If a form is approved under s 126 (Approved forms) for a notice, the
form must be used.
(3) A resolution to alter the objects of an incorporated association is of no
effect until the notice has been lodged.
31 Rules
(1) The rules of an incorporated association are—
(a) if the association, or a group of persons proposing to form the
association, has adopted the model rules under section 16 (c) (i),
26 (1) (b) or 33 (1) (a)—those rules as in force from time to
time; or
(b) if the association, or group, has adopted rules other than the
model rules under section 16 (c) (ii), 26 (1) (b) or 33 (1) (b)—
those rules as altered from time to time in accordance with
section 33.
(2) If the model rules make provision in relation to any matter not
provided for in the rules of an incorporated association, the rules of
the association are taken to include the provision of the model rules in
relation to that matter.
32 Rules other than model rules

For sections 16 (c) (ii), 26 (1) (b) and 33 (1) (b), rules other than the
model rules are taken to comply with this section if they—
(a) provide for the matters stated in schedule 1, column 2 as
required by schedule 1, column 3; and
(b) provide for any prescribed matters; and
(c) are arranged numerically by subject matter.
33 Alteration of rules
(1) Subject to this Act, an incorporated association may, by special
resolution, alter its rules in whole or in part and may, in particular—
(a) adopt as its rules the model rules as in force from time to time
instead of rules other than the model rules adopted under section
16 (c) (ii) or 26 (1) (b) or paragraph (b); or
(b) adopt as its rules other rules that comply with section 32 instead
of the model rules adopted under section 16 (c) (i) or 26 (1) (b)
or paragraph (a).
(2) If an incorporated association has resolved to alter its rules, the
association must, not later than 1 month after the resolution was
passed, lodge with the registrar-general a notice setting out the
particulars of the alteration, and including a declaration by at least 2
members of the committee of the association to the effect that a special
resolution referred to in subsection (1) was duly passed by the
association.
Maximum penalty: 2 penalty units.
Note If a form is approved under s 126 (Approved forms) for a notice, the
form must be used.
(3) If a notice relating to the alteration of the rules of an association has
been lodged under subsection (2), the registrar-general may give
notice to the association that it is required to lodge a copy of its rules
with the registrar-general.
(4) If an incorporated association has been given notice by the registrar-
general under subsection (3), the association must, not later than 1
month after the date of the notice, lodge with the registrar-general a

printed copy, in consolidated form, of the association’s rules as
altered and in force at that date.
Maximum penalty: 2 penalty units.
(5) A resolution to alter the rules of an incorporated association is of no
effect until a notice has been lodged by the association under
subsection (2).
34 Illegal objects or rules
An object or rule of an incorporated association that is inconsistent
with this Act or with another law in force in the ACT is of no effect.
35 Copies of documents for members
(1) On the request of a member of an incorporated association, the
association must give the member—
(a) a copy of a current statement of the objects of the association; or
(b) a copy of the rules of the association currently in force; or
(c) a copy of the deeds of any trust relevant to the association.
(2) An incorporated association may charge a fee not exceeding the fee
determined under section 125 (Determination of fees) for this section
for each copy of a document given to a member under subsection (1).
Division 3.5 Names of incorporated associations
36 Names
The name of an incorporated association must include, at the end of
the name, the word ‘Incorporated’ or the abbreviation ‘Inc.’.
37 Reservation of names
(1) An authorised applicant may lodge with the registrar-general an
application for the reservation of the name specified in the application
as—
(a) the name of a proposed association in relation to which an
application for incorporation is to be lodged; or

(b) the name of an association that intends to apply for
incorporation; or
(c) the name of a new association within the meaning of
division 3.3; or
(d) the new name that an incorporated association has resolved to
apply for approval to adopt under section 38 (1).
Note If a form is approved under s 126 (Approved forms) for an
application, the form must be used.
(2) If—
(a) the registrar-general is satisfied that an application is made in
good faith; and
(b) the name specified in the application is available for reservation;
the registrar-general must reserve the name, for the period of
4 months beginning on the date when the application was lodged, for
the association or proposed association to which the application
relates.
(3) As soon as practicable after making a decision in relation to an
application for the reservation of a name, the registrar-general must,
by notice in writing to the applicant, tell the applicant of that decision.
(4) The reservation of a name for an association, proposed association or
incorporated association does not of itself entitle the association or
proposed association to be incorporated under the reserved name, or
entitle the incorporated association to change its name to the reserved
name.
(5) For subsection (2) (b), a name is taken to be available for reservation
for an association or proposed association unless it is—
(a) a name that is, in the opinion of the registrar-general,
undesirable; or
(b) a name or a name of a kind stated by the Minister in writing for
this paragraph; or
(c) a business name registered under the Business Names
Registration Act 2011 (Cwlth); or

(d) the name of an incorporated association; or
(e) reserved for another association or proposed association; or
(f) a name that so closely resembles a name referred to in paragraph
(d) or (e) as to be likely to be mistaken for it.
(6) An instrument under subsection (5) (b) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
(7) If the registrar-general refuses to reserve a name or a name of a kind
referred to in subsection (5) (a), (b) or (f) for an association or
proposed association, the authorised applicant may apply to the
Minister for consent to the reservation of the name for the association
or proposed association and, if the Minister gives that consent, the
name is, for subsection (2) (b), taken to be available for reservation.
(8) In this section:
authorised applicant , in relation to an association or proposed
association, means—
(a) an authorised person; or
(b) for a new association within the meaning of division 3.3—a
person authorised for subsection (1) by the amalgamating
associations; or
(c) for an incorporated association that has resolved to apply to the
registrar-general for approval to adopt a new name—the public
officer of the association.
38 Change of name
(1) An incorporated association may, by special resolution, resolve to
apply to the registrar-general for approval to adopt a new name.
(2) An application must include a declaration by at least 2 members of the
committee of the association to the effect that a special resolution
referred to in subsection (1) was duly passed by the association.
Note If a form is approved under s 126 (Approved forms) for an
application, the form must be used.
(3) If the new name has been reserved for the association in accordance

with section 37 and the registrar-general approves the adoption of the
new name by the association, the registrar-general must issue to the
association a certificate of incorporation under the new name.
39 Compulsory change of name
(1) If it appears to the registrar-general that an association has been
incorporated under a name or a name of a kind referred to in
section 37 (5) without the consent of the Minister, the
registrar-general may, by notice in writing to the association, direct
the association to change its name.
(2) A direction to an association under subsection (1) has effect as if it
were a special resolution of the association passed under
section 38 (1).
40 Effect of change of name
(1) A change of name of an incorporated association under section 38 is
not taken to—
(a) create a new legal entity; or
(b) prejudice or affect the identity of the body corporate constituted
by the association or its continuity as a body corporate; or
(c) affect the date of incorporation of the association; or
(d) affect the property, or the rights and obligations of the
association; or
(e) render defective any legal proceedings by or against the
association.
(2) If the name of an incorporated association has been changed, any
legal proceedings that could have been continued or instituted by or
against the association in its former name may be continued or
instituted by or against the association in its new name.
41 Name on association’s documents etc
The name of an incorporated association must appear in legible
characters—

(a) on the common seal of the association; and
(b) on every business letter, statement of account, invoice, official
notice, publication, bill of exchange, promissory note,
endorsement, cheque or other negotiable instrument, order,
receipt and letter of credit issued or executed by or on behalf of
the association.
Maximum penalty: 2 penalty units.
Division 3.6 Contracts
42 References to purported entry into contracts etc—div 3.6
(1) For this division, a nonexistent incorporated association purports to
enter into a contract if—
(a) a person executes a contract in the name of an incorporated
association where no incorporated association of that name
exists; or
(b) a person purports to enter into a contract as agent or trustee for a
proposed incorporated association.
(2) For this division, a person purports to execute a contract as agent or
trustee of a nonexistent incorporated association if the person
executes a contract or purports to enter into a contract mentioned in
subsection (1) (a) or (b).
(3) For this division, the incorporation of an association in relation to the
purported entry into a contract by a nonexistent incorporated
association means—
(a) if a person has executed a contract in the name of an
incorporated association where no incorporated association of
that name exists—the incorporation of an association that,
having regard to all the circumstances, is reasonably identifiable
with the proposed incorporated association in the name of which
the contract was executed; or
(b) if a person has purported to enter into a contract as an agent or
trustee for a proposed incorporated association— the
incorporation of an association that, having regard to all the

circumstances, is reasonably identifiable with the proposed
incorporated association.
43 Ratification of pre-incorporation contracts
(1) If—
(a) a nonexistent incorporated association purports to enter into a
contract; and
(b) the association is incorporated within a reasonable time after the
contract is purported to have been entered into;
the incorporated association may, within a reasonable time after its
incorporation, ratify the contract.
(2) If an incorporated association ratifies a contract as provided for in
subsection (1), the association is bound by, and is entitled to the
benefit of, the contract as if the association had been incorporated
before the contract was entered into and had been party to the
contract.
(3) For this division, a contract may be ratified by an incorporated
association in the same manner as a contract may be entered into by
an incorporated association under section 47, and section 47 has
effect as if—
(a) a reference in that section to entering into a contract included a
reference to ratifying a contract; and
(b) the reference in section 56 to a contract executed, or purporting
to have been executed, under the common seal of an
incorporated association included a reference to a contract
ratified, or purporting to have been ratified, under the common
seal of an incorporated association.
44 Liability of party to contract
(1) If—
(a) a person purports to enter into a contract as agent or trustee for a
proposed incorporated association; and
(b) the association is incorporated within a reasonable time after the

person purported to enter into the contract but does not ratify the
contract within a reasonable time after the association was
incorporated;
then, despite any rule of law or equity to the contrary, the person has
no right of indemnity against the incorporated association in relation
to the contract.
(2) If a nonexistent incorporated association purports to enter into a
contract and the association—
(a) is not incorporated within a reasonable time after the contract is
purported to be entered into; or
(b) is incorporated within that time but does not ratify the contract
within a reasonable time after being incorporated;
the other party or each of the other parties to the contract may, subject
to subsections (5) and (6), recover from the person or from any 1 or
more of the persons who purported to execute the contract on behalf
of the nonexistent incorporated association an amount of damages
equivalent to the amount of damages for which the party could have
obtained a judgment against the incorporated association if—
(c) where the association has not been incorporated as referred to in
paragraph (a)—the association had been incorporated and had
ratified the contract under section 43 (1); or
(d) where the association has been incorporated as referred to in
paragraph (b)—the association had ratified the contract under
section 43 (1);
and the contract had been discharged because of a breach of the
contract constituted by the refusal or failure of the incorporated
association to perform any obligation under the contract.
(3) If—
(a) proceedings are brought to recover damages under
subsection (2) in relation to a contract purported to have been
entered into by a nonexistent incorporated association; and
(b) the association has been incorporated;

the court may, if it thinks it just to do so, make either or both of the
following orders:
(c) an order directing the incorporated association to transfer or pay
to any party to the contract who is named in the order any
property, or an amount not exceeding the value of any benefit,
received by the incorporated association as a result of the
contract;
(d) an order that the incorporated association pay the whole or a
specified portion of any damages that, in those proceedings, the
defendant has been or is found liable to pay.
(4) If, in proceedings to recover damages under subsection (2) in relation
to a contract purported to be entered into by a nonexistent
incorporated association, the court makes an order under
subsection (3) (c), the court may refuse to award any damages in the
proceedings, or may award an amount of damages less than the
amount the court would have awarded if the order had not been made.
(5) If—
(a) a nonexistent incorporated association purports to enter into a
contract; and
(b) the association is incorporated and ratifies the contract as
provided for in section 43 (1); and
(c) the contract is discharged by a breach of the contract constituted
by a refusal or failure of the incorporated association to perform
all or any of its obligations under the contract; and
(d) the other party or any 1 or more of the other parties to the
contract brings or bring proceedings against the incorporated
association for damages for breach of the contract;
the court may, subject to subsection (7), if it thinks it just to do so,
order the person or any 1 or more of the persons who purported to
execute the contract on behalf of the incorporated association to pay to
the person or persons by whom the proceedings are brought the
whole or a specified portion of any damages that the incorporated
association has been, or is, found liable to pay to the person or

persons by whom the proceedings are brought.
(6) If a person purports, whether alone or together with another person or
persons, to execute a contract on behalf of a nonexistent incorporated
association, the other party to the contract, or any of the other parties
to the contract, may, by writing signed by the party or parties,
consent to the firstmentioned person or persons being exempted from
any liability in relation to the contract.
(7) If a person has, in accordance with subsection (6), consented to the
exemption of another person from liability in relation to a contract that
the other person purported to execute on behalf of a nonexistent
incorporated association—
(a) despite subsection (2), the firstmentioned person is not entitled
to recover damages from that other person in relation to that
contract; and
(b) the court shall not, in proceedings referred to in subsection (5),
order that other person to pay to the firstmentioned person any
damages or proportion of the damages that the incorporated
association has been, or may be, found liable to pay to that
firstmentioned person.
45 Substituted contract
If—
(a) a nonexistent incorporated association purports to enter into a
contract; and
(b) the association is subsequently incorporated; and
(c) the incorporated association and the other party or parties to the
contract enter into a contract in substitution for the
firstmentioned contract;
any liabilities to which the person who purported to execute the
firstmentioned contract on behalf of the nonexistent incorporated
association is subject, under this division, in relation to the
firstmentioned contract (including liabilities under an order made by a
court under this division) are taken to have been discharged.

46 Substituted rights and liabilities
Any rights or liabilities of a person under this division (including
rights or liabilities under an order made by a court under this division)
in relation to a contract are taken to be substituted for any rights that
the person would have, or any liabilities to which the person would
be subject, apart from this division.
47 Post-incorporation contracts
(1) A person acting with the express or implied authority of an
incorporated association may enter into, vary or discharge a contract
in the name of or on behalf of the association as if the contract were
entered into, varied or discharged by an individual.
(2) The entering into, variation or discharge of a contract in accordance
with subsection (1) binds the association and the other party or parties
to the contract.
Division 3.7 Rights and liabilities of members and
officers
48 Relationship between association and members
The rules of an incorporated association are taken to bind the
association and its members from time to time as if the rules had been
signed and sealed by each member and contained covenants on the
part of each member to observe all the rules.
49 Court’s jurisdiction
A member of an incorporated association who is deprived by a
decision of the association of a right conferred on the member, as a
member, by the rules of the association, may apply to the court for an
order to vary or set aside the decision.
50 Rules of natural justice
If an incorporated association exercises any power that it has to
adjudicate a dispute between its members, or between itself and a
member or members, in relation to the rights given to the members by
the rules of the association, any decision made by the association is

not taken to be valid unless, in any proceedings in relation to the
dispute, the rules of natural justice have been complied with.
51 Liability of officers and members
An officer or a member of an incorporated association is not, except
as otherwise provided by this Act or the rules of the association,
taken, only because of being a member or officer, to be liable to
contribute to the payment of any debts or other liabilities incurred by
the association, or to the costs, charges or expenses incurred in the
course of winding up the association.
52 Property rights
Membership of an incorporated association is not, except as
otherwise provided by this Act, taken to give the members of the
association any right, title or interest, whether legal or equitable, in the
property of the association.
53 Enforcement of rights
(1) On the application of an incorporated association or a member of an
incorporated association, the court may, by order—
(a) give directions for the performance and observance of the rules
of the incorporated association by any person who is under an
obligation to perform or observe those rules; and
(b) declare and enforce the rights or obligations of members of an
incorporated association between themselves, or the rights or
obligations between an incorporated association and a member
of the incorporated association.
(2) On hearing an application, the court may make an order whether or
not the application relates to a right or interest in property, and
whether or not the applicant has an interest in property of the
association.
Division 3.8 Miscellaneous
54 Disposal of trust property

(1) If a trust in relation to property held by an incorporated association
has come wholly or partly to an end, the association may apply to the
court for an order authorising the disposal of all or part of the
property.
(2) Application for an order must be made—
(a) if the value of the property does not exceed $50 000—to the
Magistrates Court; or
(b) in any other case—to the Supreme Court.
(3) On hearing an application, the court may, if it thinks it just to do so,
make an order—
(a) authorising the disposal of all or part of the property; and
(b) directing the way in which the proceeds from the disposal of the
property or part are to be dealt with.
(4) An application may be made, and the court may exercise its powers,
even though the deed or other instrument creating or embodying the
trust does not, or the rules of the association do not, contain any
power to dispose of the property or prohibit the disposal of the
property.
55 Authentication and execution of documents
(1) A document or proceeding requiring authentication by an
incorporated association may be authenticated by the signature of the
public officer or the secretary (if any) of the association and need not
be authenticated under the common seal of the association.
(2) An incorporated association may, by writing under its common seal,
empower a person, either generally or in relation to a stated matter or
matters, as its agent or attorney to execute deeds on its behalf, and a
deed signed by the agent or attorney under the agent’s or attorney’s
seal on behalf of the association binds the association and has the
same effect as if it were under the association’s common seal.
(3) The authority of an agent or attorney empowered to act on behalf of
an incorporated association under subsection (2), as between the
association and a person dealing with the agent or attorney, continues

during the period (if any) stated in the instrument conferring the
authority or, if no period is stated, until notice of the revocation or
termination of the agent’s or attorney’s authority has been given to
that person.
(4) Nothing in this section is taken—
(a) to affect the operation of any law in force in the ACT that
requires some consent or sanction to be obtained, or some
procedure to be complied with, in relation to the entering into,
variation or discharge of a contract; or
(b) to prevent an incorporated association from entering into,
varying or discharging a contract under its common seal.
56 Validity of documents executed under common seal
A contract or other instrument executed, or purporting to have been
executed, under the common seal of an incorporated association is not
taken to be invalid only because a person attesting the fixing of the
common seal was in any way, directly or indirectly, interested in the
contract or other instrument or in the matter to which the contract or
other instrument relates.

Part 4 Management
57 Public officer
(1) An incorporated association must have a public officer.
(2) A person is not eligible to be the public officer of an incorporated
association unless the person resides in the ACT and is at least
18 years of age.
(3) The public officer of an incorporated association may, unless the rules
of the association otherwise provide, hold any office of the
association in addition to the office of public officer.
(4) An act of the public officer of an incorporated association is not taken
to be invalid only because—
(a) there is a defect in the public officer’s appointment; or
(b) the public officer was not eligible to be the public officer under
subsection (2); or
(c) the office of the public officer was, at the time of the act, taken to
be vacant under section 64 (2).
58 Inaugural public officer
The inaugural public officer of an association incorporated under this
Act is, unless the rules of the association otherwise provide, taken to
be—
(a) for an association incorporated under section 19—the person
authorised under section 16 (a) to apply for the incorporation of
the association; or
(b) for an association incorporated under section 27—the person
nominated as the inaugural public officer of the association
under section 26 (2) (a) (ii).
59 Notice of public officer’s appointment or change of
address

(1) A person who is appointed to be the public officer (other than the
inaugural public officer) of an incorporated association must, not later
than 1 month after being appointed, lodge with the registrar-general a
notice of the appointment.
Maximum penalty: 2 penalty units.
Note If a form is approved under s 126 (Approved forms) for a notice
under this section, the form must be used.
(2) If the public officer of an incorporated association changes the public
officer’s address, the public officer must, within 1 month after the
change, lodge with the registrar-general a notice of the change.
Maximum penalty: 1 penalty unit.
Note A person may ask the registrar-general to keep their address
confidential (s 13A (2)). However, a public officer must have at least
1 address publicly available (s 13A (4)).
60 Committee
(1) An incorporated association must have a committee of at least 3
members of the association.
(2) The committee of an incorporated association has the management of
the association.
61 Inaugural committee
The inaugural members of the committee of an association
incorporated under this Act are, unless the rules of the association
otherwise provide, taken to be—
(a) for an association incorporated under section 19—the persons
appointed under section 16 (d); or
(b) for an association incorporated under section 27—the persons
nominated for section 26 (2) (a) (iii).
62 Notice of changes in committee
(1) If—
(a) a person becomes a member (other than an inaugural member)
of the committee of an incorporated association; or

(b) the office of a member of the committee of an incorporated
association becomes vacant; or
(c) a member of the committee of an incorporated association
changes the member’s address;
the association must, not later than 1 month after the occurrence of the
event referred to in paragraph (a), (b) or (c), lodge with the registrar-
general notice of the occurrence.
Maximum penalty: 1 penalty unit.
(2) If a member of the committee of an incorporated association changes
the member’s address the member must, within 1 month after the
change occurred, notify the association of the change.
Maximum penalty: 1 penalty unit.
Note 1 If a form is approved under s 126 (Approved forms) for a notice, the
form must be used.
Note 2 A person may ask the registrar-general to keep their address
confidential (s 13A (2)).
63 Disqualification from office––convictions or bankruptcy
(1) A person who has been convicted, whether in or outside the ACT, of
—
(a) an indictable offence in relation to the promotion, formation or
management of a body corporate; or
(b) an offence involving fraud or dishonesty punishable by
imprisonment for a period of 3 months or more;
must not, within the period of 5 years after the person was convicted
or released from imprisonment for the offence, whichever is later,
without leave of the Supreme Court, accept an appointment or act as
the public officer or a member of the committee of an incorporated
association.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person who is bankrupt or personally insolvent must not, without
leave of the Supreme Court, accept an appointment or act as the public

officer or a member of the committee of an incorporated association.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A person referred to in subsection (1) may apply to the Supreme
Court for leave to accept an appointment or to act as the public officer
or a member of the committee of an incorporated association.
(4) A person referred to in subsection (2) may apply to the Supreme
Court for leave to accept an appointment or to act as the public officer
or a member of the committee of an association.
(5) A person intending to make an application under subsection (3) or (4)
must lodge with the registrar-general at least 21 days notice of
intention to make the application.
(6) On hearing an application under subsection (3) or (4), the Supreme
Court may grant or refuse to grant the applicant leave to accept an
appointment or to act as the public officer or a member of the
committee of an incorporated association, and may, when granting
leave, make the grant subject to any conditions or limitations the court
thinks fit.
(7) On the application of the registrar-general, the Supreme Court may
revoke or vary leave granted to a person by the court under
subsection (6).
(8) A person must not contravene the requirements of any conditions or
limitations included in a grant of leave under subsection (6).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
63A Disqualification from office––noncompliance with Act
(1) This section applies if the registrar-general is satisfied that––
(a) a person is, or has been, the public officer or a committee
member of an incorporated association; and
(b) the person or the association has failed to comply with this Act.
(2) The registrar-general may apply to the ACAT for an order to

disqualify the office-holder.
(3) On application under subsection (2), the ACAT may make an order
disqualifying the person from being the public officer or a committee
member of an incorporated association for the period the ACAT
considers appropriate if satisfied that––
(a) either—
(i) the person has failed to comply with this Act; or
(ii) while the person was the public officer or a committee
member of an incorporated association, the association
failed to comply with this Act; and
(b) having regard to the extent of the noncompliance, the
disqualification is justified.
(4) The ACAT may revoke the order on the application of the person
against whom the order was made.
64 Vacancy in office of public officer
(1) An incorporated association may, by resolution, remove its public
officer from office.
(2) The office of the public officer of an incorporated association is taken
to be vacant if the public officer—
(a) is removed from office under subsection (1); or
(b) resigns from office; or
(c) dies; or
(d) becomes bankrupt or personally insolvent; or
(e) suffers from mental or physical incapacity; or
(f) was convicted or released from imprisonment for an offence
mentioned in section 63 (1) within 5 years immediately before
the public officer’s appointment, or is convicted of such an
offence after taking office; or
(g) is subject to a disqualification order under section 63A; or

(h) ceases to reside in the ACT.
(3) If a vacancy occurs in the office of the public officer of an
incorporated association, the committee of the association must,
within 14 days after the vacancy occurred appoint a person to fill the
vacancy.
(4) If the committee without reasonable cause does not comply with
subsection (3), each member of the committee commits an offence.
Maximum penalty (subsection (4)): 2 penalty units.
65 Disclosure of committee member’s interest
(1) If a member of the committee of an incorporated association has any
direct or indirect pecuniary interest in a contract or proposed contract
to which the association is or may be a party, the committee member
must—
(a) as soon as the interest becomes apparent to the member, disclose
the nature and extent of the interest to the committee; and
(b) disclose the nature and extent of the interest at the next general
meeting of the association.
Maximum penalty: 20 penalty units.
(2) A member of the committee of an incorporated association who has
an interest in a contract or proposed contract referred to in subsection
(1) must not take part in making any decision in relation to the
contract or proposed contract, but may, subject to this section and
section 66, participate in any deliberations of the committee in relation
to the contract or proposed contract.
Maximum penalty: 20 penalty units.
(3) Subsection (1) does not apply in relation to a member of the
committee of an incorporated association in relation to an interest in a
contract or proposed contract that arises only because the committee
member is an employee of the association.
(4) If a member of the committee of an incorporated association discloses
an interest in a contract or proposed contract in accordance with

subsection (1), or has an interest in a contract or proposed contract of
the kind referred to in subsection (3)—
(a) the contract is not liable to be avoided by the association on any
ground arising from the fiduciary relationship between the
committee member and the association; and
(b) the committee member is not liable to account for any profits
derived by the member from the contract or proposed contract.
(5) A person who contravenes a provision of this section is liable to the
association for any profit made by that person or any other person,
and any damage or loss suffered by the association, as a result of that
contravention.
66 Information from officers
The registrar-general may, by notice served on a person who, from
returns or other information lodged with the registrar-general, appears
to be a member of the committee or the public officer of an
incorporated association, require the person, within the time stated in
the notice, to lodge with the registrar-general a notice—
(a) indicating the person’s current home address; and
(b) stating whether or not the person holds the office stated in the
registrar-general’s notice to the person and, if not, to indicate the
date when the person ceased to hold the office.
Note A person may ask the registrar-general to keep their address
confidential (s 13A (2)). However, a public officer must have at least
1 address publicly available (s 13A (4)).
67 Register of members
(1) An incorporated association must keep and maintain a register of its
members, and must enter any prescribed particulars in the register.
(2) An incorporated association must—
(a) make the register of members available for inspection by
members at reasonable times, or at any times stated for the
purpose in the rules of the association, at the address of the
public officer of the association, at the registered office of the

association (if any) or at another place in the ACT nominated by
the committee of the association; and
(b) in each annual return, publish the place where the register is
available for inspection.
68 First annual general meeting
An incorporated association must hold its first annual general meeting
within the period of 18 months commencing on the date when the
association was incorporated.
69 Annual general meetings
An incorporated association must, in addition to any other meeting it
holds, hold an annual general meeting, once in each calendar year,
within the period of 5 months beginning at the end of the
association’s most recently ended financial year.
70 Special resolutions
A resolution of an incorporated association is taken to be a special
resolution if—
(a) it is passed at a general meeting of the association, being a
meeting of which at least 21 days notice, accompanied by notice
of intention to propose the resolution as a special resolution, has
been given to the members of the association; and
(b) it is passed by at least ¾ of the votes of those members of the
association who, being entitled to vote, vote in person or, if the
rules of the association permit voting by proxy, vote by proxy at
the meeting.

Part 5 Accounts, audit and annual
returns
71 Accounting records
An incorporated association must—
(a) keep accounting records that correctly record and explain the
transactions (including any transactions as trustee) and the
financial position of the association; and
(b) keep its accounting records in such a way that—
(i) true and fair accounts of the association can be prepared
from time to time; and
(ii) a statement of the accounts of the association can
conveniently and properly be audited in accordance with
this part; and
(c) retain its accounting records for at least 7 years after the
transactions to which they relate were completed.
Maximum penalty: 20 penalty units.
72 Annual statement of accounts
(1) Before the end of the period within which the first annual general
meeting or any subsequent annual general meeting of an incorporated
association is required to be held under section 68 or 69, the
committee of the association must prepare a statement of the
association’s accounts.
Maximum penalty: 20 penalty units.
(2) The statement of accounts must not be misleading and must give a
true and fair account of—
(a) the income and expenditure of the association during the most
recently ended financial year of the association; and
(b) the assets and liabilities of the association at the end of that

financial year; and
(c) any mortgages, charges or other securities of any description
affecting any property of the association at the end of that
financial year; and
(d) for each trust of which the association was the trustee during a
period in that financial year, being part or all of that financial
year—
(i) the income and expenditure of the trust during that period;
and
(ii) the assets and liabilities of the trust at the end of that
period; and
(iii) any mortgages, charges or other securities of any
description affecting any of the property of the trust during
that period; and
(e) any prescribed matters.
Maximum penalty: 20 penalty units.
73 Presentation of statement to members
(1) At each annual general meeting of an incorporated association the
following documents must be presented by the committee for the
consideration of the meeting:
(a) the audited statement of the association’s accounts for the most
recently ended financial year of the association;
(b) a copy of the auditor’s report to the association in relation to the
association’s accounts for that financial year;
(c) a report signed by 2 members of the committee stating—
(i) the name of each member of the committee of the
association during the most recently ended financial year of
the association and, if different, at the date of the report;
and
(ii) the principal activities of the association during the most
recently ended financial year and any significant change in

the nature of those activities that occurred during that
financial year; and
(iii) the net profit or loss of the association for the most recently
ended financial year.
(2) The committee of an association prescribed for section 76 must
ensure that the prescribed number of copies of the documents referred
to in subsection (1) (a) and (b) are available for perusal by members
of the association immediately before and during the annual general
meeting.
Maximum penalty: 20 penalty units.
74 Audit of accounts
(1) The committee of an incorporated association must take reasonable
steps to ensure that the audit of the association’s accounts is
completed at least 14 days before the audited statement of the
accounts is required to be presented at the annual general meeting of
the association under section 73.
(2) The accounts of an incorporated association must be audited by a
person who—
(a) is not an officer of the association; and
(b) has not prepared or assisted with the preparation of those
accounts.
(3) If an incorporated association—
(a) has gross receipts, at the end of a financial year of the
association, exceeding the prescribed amount per annum; or
(b) has gross assets, at the end of a financial year of the association,
exceeding the prescribed amount; or
(c) is a prescribed association or a member of a prescribed class of
associations;
the committee must ensure that the association’s accounts are audited
by a person who is a member of the Institute of Chartered
Accountants in Australia, the Institute of Public Accountants, or CPA

Australia, or who is registered as an auditor under the Corporations
Act, being a person who is not—
(d) an officer of the association; or
(e) a partner, employer or employee of an officer of the association;
or
(f) a partner or employee of an employee of an officer of the
association.
(4) If the first financial year of an incorporated association of the kind
referred to in subsection (3) ends after the commencement of this Act,
the committee is taken to have complied with that subsection in
relation to that year if the association’s accounts for that year have
been audited by a person who is not an officer of the association.
(5) Subsection (3) does not apply to an incorporated association
prescribed for section 76.
Maximum penalty: 5 penalty units.
75 Auditor’s powers and duties
(1) An auditor of an incorporated association has a right of access at all
reasonable times to the accounting records and other records of the
association and is entitled to require from any officer of the
association any information and explanations the auditor desires for
the purpose of auditing the association’s accounts.
(2) If an auditor of an incorporated association, is satisfied that there has
been a failure to comply with this Act or with a rule of the
association, the auditor must note the matter in the auditor’s report to
the association in relation to the association’s accounts.
76 Auditor of prescribed associations
(1) An incorporated association, being an association prescribed for this
section, must appoint an auditor who is registered as an auditor under
the Corporations Act, being a person who is not—
(a) an officer of the association; or
(b) a partner, employer or employee of an officer of the association;

or
(c) a partner or employee of an employee of an officer of the
association.
Maximum penalty: 2 penalty units.
(2) An auditor must report to the association on the accounts required to
be laid before the association at the annual general meeting and on the
association’s accounting records and other records relating to those
accounts.
(3) An auditor must, in a report under this section, state—
(a) whether the accounts are in the auditor’s opinion properly drawn
up—
(i) so as to give a true and fair view of matters required by
section 72 (2) to be dealt with in the accounts; and
(ii) in accordance with the provisions of this Act; and
(iii) in accordance with proper accounting standards; and
(b) if, in the auditor’s opinion, the accounts have not been drawn up
in accordance with proper accounting standards—
(i) whether, in the auditor’s opinion, the accounts would, if
drawn up in accordance with proper accounting standards,
have given a true and fair view of the matters required by
section 72 (2) to be dealt with in the accounts; and
(ii) if, in the auditor’s opinion, the accounts would not, if so
drawn up, have given a true and fair view of those matters
—the auditor’s reasons for being of that opinion; and
(iii) if subparagraph (ii) does not apply—particulars of the
quantified financial effect on the accounts of the failure to
so draw up the accounts; and
(c) any defect or irregularity in the accounts and any matter not set
out in the accounts without regard to which a true and fair view
of the matters dealt with by the accounts would not be obtained;
and

(d) if the auditor is not so satisfied about any matter referred to in
paragraph (a) or (b)—the auditor’s reasons for not being so
satisfied.
(4) It is the duty of the auditor to form an opinion about each of the
following matters:
(a) whether the auditor has obtained all the information and
explanations that the auditor required;
(b) whether proper accounting records and other records have been
kept by the association as required by this Act;
and the auditor must state in the auditor’s report particulars of any
deficiency, failure or shortcoming in relation to any matter referred to
in this subsection.
(5) An auditor has a right of access at all reasonable times to the
accounting records and other records of the association and is entitled
to require from any officer of the association any information and
explanations the auditor desires for the purpose of auditing the
association’s accounts.
(6) The auditor’s report must be attached to or endorsed on the accounts
and must, if a member so requires, be read before the association at
the annual general meeting, and is open to inspection by a member at
any reasonable time.
(7) An auditor or an agent of the auditor authorised by the auditor in
writing for the purpose is entitled to attend any general meeting of the
association and to receive all notices of and other communications
relating to any general meeting that a member is entitled to receive and
to be heard at any general meeting that the auditor attends on any part
of the business of the meeting that concerns the auditor in the capacity
of auditor and is entitled so to be heard even if the auditor retires at
that meeting or a resolution to remove the auditor from office is
passed at that meeting.
(8) If an auditor becomes aware that the association or the committee
have made default in complying with section 69 or 73 relating to the
laying of accounts before the annual general meeting of the
association, the auditor must immediately inform the registrar-general

by notice in writing and if accounts have been prepared and audited,
send to the registrar-general a copy of the accounts and of the
auditor’s report on those accounts.
(9) Except in a case to which subsection (8) applies, if an auditor, in the
course of the performance of duties as auditor is satisfied that—
(a) there has been a contravention of this Act; and
(b) the circumstances are such that in the auditor’s opinion the
matter has not been or will not be adequately dealt with by
comment in the auditor’s report on the accounts or by bringing
the matter to the notice of the committee of the association;
the auditor must immediately report the matter to the registrar-general
by notice in writing.
(10) In this section:
auditor means an auditor of the incorporated association prescribed
for this section.
77 Auditor’s liability
An auditor of an incorporated association is not, in the absence of
malice by the auditor, liable to any action for defamation in relation to
any statement that the auditor makes, orally or in writing, in the
exercise of functions as auditor of the association.
78 Obstruction of auditor
An officer of an incorporated association must not, without lawful
excuse—
(a) refuse or fail to allow an auditor of the association access, for
the purpose of auditing the accounts of the association, to any
accounting or other records of the association in the officer’s
custody or control; or
(b) refuse or fail to give the auditor, within a reasonable time, any
information or explanation required by the auditor that is within
the knowledge of the officer; or
(c) otherwise hinder, obstruct or delay an auditor in the exercise of

functions as auditor of the association.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
79 Annual returns
(1) Subject to this section, an incorporated association must, within the
period of 6 months beginning at the end of each financial year of the
association, lodge with the registrar-general—
(a) a statement of particulars relating to the association in the form
approved under section 126 (Approved forms) for this section;
and
(b) an audited statement of the association’s accounts; and
(c) a copy of the auditor’s report in relation to those accounts; and
(d) any prescribed documents; and
(e) a statement by 2 members of the committee of the association
certifying whether the provisions of this Act that apply to the
association in relation to that year in relation to—
(i) the preparation of the annual statement of the association’s
accounts; and
(ii) the auditing of the accounts and the presentation of the
audited statement of accounts at the annual general meeting
of the association;
have been complied with.
Maximum penalty: 2 penalty units.
(2) The registrar-general may, in any year, serve on an incorporated
association a partly completed annual return in which the registrar-
general has set out particulars in relation to the association on the
basis of information previously received by the registrar-general.
(3) If, under subsection (2), the registrar-general serves a partly
completed annual return on an incorporated association, the
association may—

(a) delete any incorrect particulars appearing in the return and
substitute correct particulars of the matters to which the incorrect
particulars related; and
(b) complete the return and lodge it with the registrar-general
accompanied by the documents referred to in subsection (1) (b),
(c) and (d).
(4) If an incorporated association lodges an annual return in accordance
with subsection (3), the association is taken to have set out in the
return any particulars included in the return that have not been deleted
from the return.
(5) If—
(a) the registrar-general serves a partly completed annual return on
an incorporated association under subsection (2); and
(b) the association lodges the completed return in accordance with
subsection (3) (b) within the period of 6 months after the end of
the most recently completed financial year of the association;
the association is taken to have complied with subsection (1) in
respect of that financial year.
80 Lodgment of particulars instead of documents
If—
(a) an incorporated association is required by this Act to lodge a
document with the registrar-general; and
(b) without having lodged the document, the association lodges with
the registrar-general in accordance with this part an annual return
that sets out all the particulars required to be set out in the
document;
the association is taken to have lodged the document on the date when
the annual return was lodged.

Part 6 Transfer of incorporation
81 Definitions for pt 6
In this part:
company limited by guarantee —see the Corporations Act.
memorandum —see the Corporations Act.
82 Voluntary transfer of incorporation
(1) An incorporated association may apply to the registrar-general for
permission to apply for registration of the association under the
Corporations Act as a company limited by guarantee.
(2) The registrar-general must give an incorporated association
permission to apply for registration of the association under the
Corporations Act as a company limited by guarantee if—
(a) the association has, by special resolution, resolved to apply for
registration of the association under the Corporations Act as a
company limited by guarantee; and
(b) an application lodged with the registrar-general by the
association under subsection (1)—
(i) is signed by the public officer and 2 members of the
committee of the association;
(ii) is accompanied by any prescribed documents; and
(iii) includes a statement to the effect that the special resolution
referred to in paragraph (a) has been duly passed by the
association.
Note If a form is approved under s 126 (Approved forms) for an
application, the form must be used.
83 Cancellation where continued incorporation inappropriate
(1) If the registrar-general is satisfied that the continued incorporation of
an association under this Act would be inappropriate or inconvenient

because of the registrar-general’s assessment of—
(a) the scale or nature of the activities of the association; or
(b) the value or nature of the property of the association; or
(c) the extent or nature of the association’s dealings with persons
who are not members or applicants for membership of the
association;
the registrar-general may—
(d) serve a notice on the association; and
(e) publish a notice in relation to the association in a newspaper
circulating generally within the ACT.
(2) A notice under subsection (1) (d) and (e) must—
(a) contain a statement to the effect that the incorporation of the
association will be cancelled under this section unless, within 2
months of the date when the notice was served or published,
whichever is the later, the association—
(i) obtains the registrar-general’s permission to apply for
registration of the association under the Corporations Act
as a company limited by guarantee; or
(ii) by special resolution, resolves to implement an
arrangement that, if approved of by the registrar-general,
will preserve the continued incorporation of the association
under this Act; and
(b) set out the ground or grounds for the proposed cancellation.
(3) The registrar-general may, if satisfied on application in writing by an
association, extend the period for compliance with a notice referred to
in subsection (2).
(4) The registrar-general may approve of an arrangement referred to in
subsection (2) (a) (ii) if satisfied that, subject to being implemented to
the satisfaction of the registrar-general, it will preserve the continued
incorporation of the association under this Act.
(5) In considering an arrangement referred to in subsection (2) (a) (ii), the

registrar-general may make the arrangement subject to conditions that,
if properly observed by the association, will preserve the continued
incorporation of the association under this Act.
(6) If an association—
(a) has not complied with either of the requirements of a notice
referred to in subsection (2); or
(b) has not implemented an arrangement as approved by the
registrar-general;
the registrar-general may—
(c) serve a further notice on the association; and
(d) publish a further notice in relation to the association in a
newspaper circulating generally within the ACT.
(7) A notice referred to in subsection (6) (c) and (d) must—
(a) contain a statement to the effect that the incorporation of the
association will be cancelled, unless within 1 month after the
date when the notice was served or published, whichever is the
later, the association shows cause why the incorporation of the
association should not be cancelled by the registrar-general; and
(b) set out the ground or grounds for the proposed cancellation.
(8) If the registrar-general has, in accordance with subsection (6), served
a notice on an incorporated association and published a notice in
relation to the association the registrar-general may, on the expiration
of the period of 1 month referred to in the notice, cancel the
incorporation of the association unless the registrar-general is
satisfied within that period that the continued incorporation of the
association under this Act would not be inappropriate or
inconvenient.
(9) A cancellation of incorporation under subsection (8) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation Act
2001.
(10) The provisions of part 7 that relate to the cancellation of the

incorporation of an association under the part apply in relation to the
cancellation of the incorporation of an association under this section.
84 Membership of proposed company
Each person who was a member of an incorporated association
immediately before its registration under the Corporations Act as a
company limited by guarantee is, for the purposes of the association’s
application for that registration, taken to be a subscriber to the
memorandum of the proposed company.
85 Cancellation of incorporation following voluntary transfer
On the registration of an incorporated association under the
Corporations Act as a company limited by guarantee, the registrar-
general must cancel the incorporation of the association under this
Act.
86 Effect of cancellation of incorporation
On the cancellation under section 85 of the incorporation of an
association (the former association ) that has been registered as a
company—
(a) this Act ceases to apply in relation to the former association; and
(b) the body corporate previously constituted by the former
association is taken to be subsumed in the body corporate
constituted by the company; and
(c) any property or proprietary or other rights that were,
immediately before the cancellation, vested in the former
association are taken, subject to any trust affecting the property
or part of it, to be vested in, and may be exercised or enforced
by, the company; and
(d) any liability, obligation or penalty that could have been enforced
against or recovered from the former association immediately
before the cancellation is enforceable against or recoverable from
the company; and
(e) any investigation, legal proceeding or remedy that could,

immediately before the cancellation, have been instituted,
continued or enforced against the former association may be
instituted, continued or enforced against the company.
87 Transfer of land to company
If, under section 86 (c), any land or interest in land (being land in the
ACT) vested in a former association is taken to be vested in a
company, the registrar-general must, on production of the certificate
of incorporation of the company, endorse the relevant certificate of
title in the register kept under the Land Titles Act 1925 to that effect.

Part 7 Winding-up
88 Voluntary winding-up
An incorporated association may be wound up voluntarily if the
association has, by special resolution, resolved that it be wound up.
89 Application for winding-up by the court
An application to the Supreme Court for the winding-up by the court
of an incorporated association may be made by the association, by a
member or creditor of the association, or by the registrar-general.
90 Winding-up by the court
The Supreme Court may order that an incorporated association be
wound up if—
(a) the association has, by special resolution, resolved that it be
wound up by the court; or
(b) the association does not begin its operations within the period of
1 year beginning on the date of incorporation of the association;
or
(c) the association suspends its operations for a period exceeding 1
year; or
(d) the association is unable to pay its debts; or
(e) the association (not being an association incorporated under a
declaration under section 15 (1)) has, in the opinion of the court,
traded or secured pecuniary gain, as trustee or otherwise, for its
members; or
(f) for an association incorporated under a declaration under section
15 (1)—the association has not complied with a condition to
which the incorporation of the association is subject under
section 15 (2); or
(g) the association has engaged in activities outside the scope of its
statement of objects; or

(h) the committee of the association has acted in affairs of the
association in the interests of the committee, or of a member or
members of the committee rather than in accordance with the
statement of objects of the association, or has acted in any other
manner that appears to the court to be unjust or inequitable to the
members of the association; or
(i) the court is of the opinion that it is just that the association be
wound up.
91 Application of Corporations Act
The Corporations Act, part 5.7 applies to the winding-up of an
incorporated association subject to the modifications and adaptations
stated in schedule 2.
92 Property of defunct association
(1) On the dissolution or the completion of the winding up of an
incorporated association, any surplus property of the association is,
subject to any trust affecting the property or part of it, taken to—
(a) vest in another association (whether or not the other association
is incorporated), being an association that complies with
subsection (2) and that—
(i) has been nominated for this paragraph in the rules of the
former association; or
(ii) if no association is nominated in those rules—has been
nominated by special resolution of the former association;
or
(b) vest in a fund, authority or institution in Australia mentioned in
the Income Tax Assessment Act 1997 (Cwlth), subdivision 30-B
that—
(i) has been nominated for this paragraph in the rules of the
former association; or
(ii) if a fund, authority or institution in Australia is not
nominated in the rules—has been nominated by special
resolution of the former association; or

(c) if no association, fund, authority or institution has been
nominated in accordance with paragraph (a) or (b)—vest in the
registrar-general.
(2) For subsection (1) (a), an association is taken to comply with this
subsection if it—
(a) has objects substantially the same as the objects of the former
association; and
(b) is not carried on for the object of trading or securing pecuniary
gain for its members; and
(c) has a provision in its rules requiring any surplus property of the
association to be passed, on the dissolution or winding-up of the
association, to another association that—
(i) has objects substantially the same as the firstmentioned
association; and
(ii) is not carried on for the object of trading or securing
pecuniary gain for its members.
(3) If, for subsection (1), a former association has nominated another
association or a fund, authority or institution, by special resolution,
the former association must lodge with the registrar-general a notice
in writing, signed by at least 2 members of the committee of the
former association, certifying that the special resolution was duly
passed.
Maximum penalty: 2 penalty units.
(4) A person aggrieved by the operation of subsection (1) in relation to
the surplus property of a former association may apply to the
Supreme Court for an order in relation to the property.
(5) If an incorporated association has been wound up and, in accordance
with subsection (1), land or an interest in land (being land in the
ACT) vested in the incorporated association is taken to vest in another
association, in a fund, authority or institution or in the registrar-
general, the registrar-general must endorse the relevant certificate of
title in the register kept under the Land Titles Act 1925 to that effect.

(6) In this section:
surplus property means any property or interest in property of a
former association that remains after the satisfaction of any debts or
liabilities of the former association and any costs, charges or expenses
incurred in the winding-up of the former association.
93 Cancellation of incorporation
(1) If the registrar-general has reasonable grounds for believing that an
incorporated association—
(a) is not in operation; or
(b) has fewer than 5 members; or
(c) was incorporated as a result of fraud or mistake; or
(d) has not during the last 3 years convened an annual general
meeting of the association in accordance with this Act; or
(e) has not lodged an annual return with the registrar-general in
relation to each of the last 2 years; or
(f) has lodged an annual return with the registrar-general in relation
to each of the last 3 years and for each one of those returns an
auditor, in the course of the auditor’s duties to examine the
association’s accounting records and other records, has stated
that the auditor is unable to determine if the return complies with
this Act;
the registrar-general may—
(g) serve a notice on the association; and
(h) publish a notice in relation to the association in a newspaper
circulating generally within the ACT.
(2) A notice under subsection (1) (g) and (h) must—
(a) contain a statement to the effect that if a reply to the notice from
the association showing cause why the incorporation of the
association should not be cancelled is not received by the
registrar-general within the period of 2 months after the date
when the notice was served or published, whichever is the later,

the incorporation of the association will be cancelled; and
(b) set out the ground or grounds for the proposed cancellation.
(3) If the registrar-general has, in accordance with subsection (1), served
a notice on an incorporated association and published a notice in
relation to the association the registrar-general may, on the end of the
period of 2 months referred to in the notice, in writing, cancel the
incorporation of the association unless the registrar-general is
satisfied within that period that the association—
(a) is in operation; and
(b) has at least 5 members; and
(c) was not incorporated as a result of fraud or mistake; and
(d) has during the last 3 years convened an annual general meeting
in accordance with this Act; and
(e) has lodged an annual return with the registrar-general in relation
to each of the last 2 years.
(4) A cancellation of incorporation under subsection (3) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation Act .
(5) If, under section 83 or subsection (3), the registrar-general cancels the
incorporation of an association, the registrar-general must send to the
public officer of the association at the address appearing in the
registrar-general’s records as the last notified address of the most
recently appointed public officer of the association or, if there appears
to be a vacancy in the office of the public officer, to a member of the
committee of the association at the address that appears in the
registrar-general’s records as the last notified address of the
association, a notice of the cancellation.
(6) Despite the cancellation of the incorporation of an association under
section 83 or subsection (3), any liability of an officer or member of
the association existing at the time of cancellation continues and may
be enforced as if the incorporation of the association had not been
cancelled.

(7) If the registrar-general is satisfied that the incorporation of an
association was cancelled as the result of an error on the part of the
registrar-general, the registrar-general may reinstate the incorporation
of the association, and the association is then taken to have continued
in existence as an incorporated association as if its incorporation had
not been cancelled.
(8) If, before the registrar-general cancels the incorporation of an
association under section 83 or subsection (3), the incorporated
association has commenced to be wound up under section 88 or 90—
(a) the registrar-general may cancel the incorporation despite the
commencement of the winding-up; and
(b) the cancellation of the incorporation is not taken to affect the
winding-up.
94 Property of former incorporated association
(1) If, under section 83 or 93 (3), the registrar-general cancels the
incorporation of an association, and the winding-up of the association
was not begun before the date of cancellation, any property or interest
in property held by the association, subject to any trust affecting the
property or interest, is taken to vest in the registrar-general.
(2) If the incorporation of an association has been cancelled under section
93 (3) and land or an interest in land (being land in the ACT) vested
in the incorporated association is taken to vest in the registrar-general
under subsection (1), the registrar-general must endorse the relevant
certificate of title in the register kept under the Land Titles Act 1925 to
that effect.
95 Property vested in registrar-general
(1) If the registrar-general is satisfied that under section 92 (1) or 94 any
property or interest in property of a former association is vested in the
registrar-general, whether solely or with any other person, the
registrar-general may, subject to any trust affecting the property or
interest, get in, sell or otherwise dispose of or deal with the property
or interest or any part of the property or interest as the registrar-
general thinks fit.

(2) The power of the registrar-general to sell or otherwise dispose of or
deal with property or an interest in property—
(a) may be exercised solely or with any other person, by public
auction, public tender or private contract, and in the manner, for
the consideration and on the terms and conditions the registrar-
general thinks fit; and
(b) includes the power—
(i) to rescind any contract and resell or otherwise dispose of
or deal with the property or interest as the registrar-general
thinks fit; and
(ii) to execute any contracts, instruments and documents that
the registrar-general thinks necessary.
(3) There is payable to the Territory, for the exercise of the
registrar-general’s powers under subsections (1) and (2), out of any
income derived from, or the proceeds of sale of, disposition of or
other dealing with, any property or interest in property, the
commission (if any) prescribed.
(4) The registrar-general must apply any moneys received in the exercise
of a power given by this section in defraying the costs and expenses
of and incidental to the exercise of the power and in making payments
authorised by this section, and must pay the remainder (if any) of the
moneys to the Territory.
(5) A person making a claim in relation to any money paid to the
Territory under subsection (4) may apply to the Supreme Court for an
order for payment of an amount to the person and, if the court is
satisfied that an amount should be paid to the person, it must make an
order for the payment accordingly.
(6) On the making of an order under subsection (5) for payment of an
amount to a person or on the registrar-general notifying the Minister
that the registrar-general is satisfied that an amount should be paid to
a person out of money paid to the Territory under subsection (4), an
amount equal to the amount stated in the order or the notification, is
payable by the Territory to the person.

(7) Nothing in this section is taken to deprive a person of another right or
remedy to which the person is entitled against a liquidator of an
incorporated association or another person.
96 Liability in relation to property vested in registrar-general
(1) Property vested in the registrar-general under section 92 (1) or 94 is
subject to all charges, claims or liabilities imposed on or affecting the
property by a law about rates, taxes or any other claim or liability to
which the property would have been subject had it continued in the
possession, ownership or occupation of the association or former
association.
(2) Nothing in subsection (1) is taken to impose on the registrar-general
or the Territory a duty, obligation or liability to do or suffer anything
required to be done or suffered by a law of a kind referred to in that
subsection other than the liability to satisfy or pay a charge, claim or
liability referred to in that subsection out of the property of an
association or former association to the extent that the property is, in
the opinion of the registrar-general, available for and applicable to the
satisfaction or payment of the charge, claim or liability.
97 Registrar-general’s power to act for defunct association
(1) If, after an incorporated association has been dissolved, or has been
wound up, the registrar-general is satisfied—
(a) that the association, if it still existed, would be legally or
equitably bound to carry out, complete or give effect to some
dealing, transaction or matter; and
(b) that, in order to carry out, complete or give effect to that dealing,
transaction or matter, some purely administrative act, not being
of a discretionary kind, should have been done by or on behalf
of the association, or should be done by or on behalf of the
association if the association still existed;
the registrar-general may, as representing the association or its
liquidator under this section, do that act or arrange for that act to be
done.
(2) The registrar-general may execute or sign any relevant instrument or

document adding a memorandum stating that the registrar-general has
done so under this section, and any execution or signature under this
section has the same force, validity and effect as if the association,
when it still existed, had duly executed the instrument or document.
98 Records of property vested in registrar-general
The registrar-general must keep—
(a) a record of property vested in the registrar-general under
sections 92 (1) and 94 and of any transactions in relation to the
property; and
(b) an account of any money realised from the property and of the
payment or distribution of the money; and
(c) any other account, voucher, receipt or other document relating to
the property or the money;
for at least 7 years after the transaction to which the record, account,
voucher, receipt or other document relates was completed.

Part 8 Investigation of association’s
affairs
99 Meaning of books in pt 8
(1) In this part:
books includes bankers’ books.
(2) In this section:
bankers’ books means—
(a) books of a banking corporation, including any documents used
in the ordinary business of a banking corporation; and
(b) cheques, orders for the payment of money, bills of exchange and
promissory notes in the possession or under the control of a
banking corporation; and
(c) securities or documents of title to securities in the possession or
under the control of a banking corporation whether by way of
pledge or otherwise.
100 Secrecy
(1) A person who is, or has at any time been—
(a) appointed for this Act; or
(b) engaged as a member of staff of the registrar-general; or
(c) authorised to exercise any function of the registrar-general, or
any function on behalf of the registrar-general;
must not, except to the extent necessary to perform his or her official
duties, or to exercise such a function, either directly or indirectly,
make a record of, or divulge or communicate to any person, any
information acquired by him or her because of his or her being or
having been so appointed, engaged or authorised, or make use of any
such information, for any purpose other than the performance of his
or her official duties or the exercise of that function.

Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Nothing in subsection (1) is taken to preclude a person from—
(a) producing a document to a court in the course of criminal
proceedings or in the course of any proceedings under this Act;
or
(b) divulging or communicating to a court in the course of any
proceedings referred to in paragraph (a) any matter or thing
coming under his or her notice in the performance of his or her
official duties or in the exercise of a function referred to in that
subsection; or
(c) producing a document or divulging or communicating
information to a person to whom, in the opinion of the registrar-
general, it is in the public interest that the document be produced
or the information be divulged or communicated; or
(d) producing a document or divulging or communicating
information that is required or permitted by any Act of the
Commonwealth or of the Territory to be produced, divulged or
communicated.
101 Investigations by registrar-general
If the registrar-general has reasonable grounds for believing that an
offence against this Act or the repealed Act, or an offence relating to
an incorporated association, has been, is being, or will be committed,
being an offence that involves fraud or dishonesty or concerns the
management or affairs of an incorporated association, the registrar-
general may make the investigations the registrar-general thinks
appropriate for the administration of this Act.
102 Scope of registrar-general’s powers
(1) The powers of the registrar-general under this part may be exercised
—
(a) for the purpose of ascertaining whether the repealed Act or this
Act has been or is being complied with; and

(b) for the purpose of exercising a function of the registrar-general
under this Act.
(2) If it appears to the registrar-general that a person, or an association or
other group of persons, not being an incorporated association or other
body corporate of which the incorporation was effected or is
recognised under a law in force in the ACT, is holding out himself,
herself or itself, as an incorporated association, the registrar-general
may exercise in relation to the person, association or group of persons
all the powers that the registrar-general may exercise under this part in
relation to an incorporated association for the purposes referred to in
subsection (1) (a) and (b).
103 Production of association’s books
(1) The registrar-general may, by notice in writing—
(a) require an incorporated association to produce to the registrar-
general, immediately or at a time and place stated in the notice,
any books relating to the affairs of the association that are
specified in the notice; or
(b) require a person who is or has been an officer or employee of an
incorporated association or who has acted as an agent, banker,
lawyer or in any other capacity on behalf of an incorporated
association (including an association that is being wound up or
has been dissolved) to produce to the registrar-general
immediately any books relating to the affairs of the association
that are stated in the notice; or
(c) require a person to produce immediately to the registrar-general
any books relating to the affairs of an incorporated association
(including an association that is being wound up or has been
dissolved) that are in the custody or control of the person.
(2) If the registrar-general requires a person to produce books, the
registrar-general may—
(a) if the books are produced—
(i) take possession of the books and make copies of or take
extracts from them; and

(ii) require the person or any other person who was a party to
compiling the books to make a statement providing any
explanation that the person is able to provide in relation to a
matter relating to the compilation of the books or to which
the books relate; and
(iii) keep the books in the registrar-general’s possession for as
long as is necessary to enable the books to be inspected
and copies of or extracts from them to be taken by or for
the registrar-general; or
(b) if the books are not produced, require the person—
(i) to state, to the best of the person’s knowledge or belief,
where the books may be found; and
(ii) to identify the person who, to the best of the firstmentioned
person’s knowledge and belief, last had custody of the
books and to state, to the best of the person’s knowledge
and belief, where the identified person can be found.
(3) If the registrar-general requires a person to produce books that are
recorded, kept or reproduced electronically, the person is taken to
have complied with the requirement if the person provides a printed
or other reproduction of the information contained in the books.
(4) If the registrar-general has power to require a person to produce
books relating to the affairs of an association, the registrar-general
may (whether or not the registrar-general requires the books to be
produced) require the person to identify any property of the
association and to explain the manner in which the association has
kept account of the property.
(5) If the registrar-general has possession of any book related to the
affairs of an association, the registrar-general must permit any person
who would be entitled to inspect the book if it were not in the
possession of the registrar-general to inspect the book at any
reasonable time.
104 Inspection of books held by lawyer
(1) If—

(a) the registrar-general, under section 103, requires a lawyer to
produce a book or to make a statement in relation to a book; and
(b) the book contains a privileged communication made by or on
behalf of, or to, the lawyer;
the lawyer may refuse to comply with the requirement unless the
person to whom, or by or on behalf of whom, the communication
was made (the third party ) consents to the lawyer’s compliance with
the requirement.
(2) If a lawyer refuses to comply with a requirement in relation to a book
containing a privileged communication, the lawyer must immediately
—
(a) give the registrar-general who made the requirement, in writing
—
(i) if the name and address of the third party are known to the
lawyer—that name and address; and
(ii) sufficient particulars to identify the book or part of the
book containing the communication; and
(b) if, under section 103 (2) (a) (ii), the lawyer was required to
make an explanatory statement—comply with the requirement to
the extent that it is possible to comply without disclosing the
communication.
105 Liability of person producing books
A person is not be taken to be subject to any liability only because the
person has complied with a requirement made under section 103 or
104.

Part 9 Offences and related matters
106 Proceedings for offences
(1) Proceedings for an offence against this Act may be instituted by the
registrar-general, within the period of 5 years after the offence was
committed, or within any further period the Minister allows.
(2) An offence against this Act is punishable on summary conviction.
107 Offences related to inspection of books
(1) A person must not—
(a) without reasonable excuse, refuse or fail to comply with a
requirement made of the person under section 103; or
(b) in purported compliance with a requirement made under part 8,
give information or an explanation or make a statement that is
false or misleading in a material particular; or
(c) without reasonable excuse, obstruct or hinder the registrar-
general in the exercise of a function of the registrar-general
under part 8.
Maximum penalty: 50 penalty units.
(2) A person does not commit an offence against subsection (1) in
relation to information or an explanation given or a statement made by
the person if the person adduces evidence that the person believed on
reasonable grounds that the information, explanation or statement was
true and was not misleading, and that evidence is not rebutted by the
prosecution.
(3) A person is not excused from giving information or an explanation or
making a statement relating to the compilation of an association’s
books or to any matter to which the books relate in compliance with a
requirement made of the person under part 8 on the ground that the
information, explanation or statement would or would tend to
incriminate the person, but if, before giving information or an
explanation or making a statement, the person claims that doing so

would or would tend to incriminate the person, the information,
explanation or statement is not admissible in evidence against the
person in criminal proceedings other than proceedings under
subsection (1).
(4) Subject to subsection (3), information, an explanation or a statement
given or made by a person in compliance with a requirement made of
the person under part 8 is admissible in evidence in civil or criminal
proceedings against the person.
(5) If a person required to produce any books under this part has a lien
on the books, the production of the books by the person is not taken
to affect the lien.
108 Offences by officers of associations etc
(1) A member of the committee of an incorporated association who
knowingly fails to take all reasonable steps to ensure that the
association has complied or is complying with this Act or with a
condition imposed on the association under this Act commits an
offence.
Maximum penalty: 5 penalty units.
(2) An officer of an incorporated association, or an incorporated
association, who or that contravenes a condition imposed on the
association under this Act by the registrar-general or the Minister
commits an offence.
Maximum penalty: 10 penalty units.
(3) Proceedings for an offence against this section may be instituted
against an officer of an incorporated association, and the officer may
be convicted of the offence, whether or not proceedings in relation to
the offence have been instituted against the association or the
association has been convicted of an offence related to the
firstmentioned offence.
(4) Nothing in this section is taken to affect the liability of an
incorporated association in relation to an offence committed by the
association against this Act.

109 Offence—trade or pecuniary gain
(1) An incorporated association must not, as trustee or otherwise, trade or
secure pecuniary gain for its members.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to an association incorporated under a
declaration under section 15 (1).
110 Liability of members
If, under section 108 (1), a member or members of the committee of
an incorporated association commit an offence in relation to a failure
of the association to comply with section 109, the member or
members is or are respectively liable, or jointly and severally liable,
for any debt or liability incurred by the association because of the
commission of the offence.
112 Offences by unincorporated bodies
If a person, or an association or other group of persons, not being an
incorporated association or other body corporate of which the
incorporation is recognised under a law in force in the ACT or under
a law of the Commonwealth, a State or another Territory—
(a) uses a name or title in which the word ‘Incorporation’ or an
abbreviation or imitation of it appears or in which the
abbreviation ‘Inc.’ or any imitation of it appears; or
(b) otherwise holds out himself or herself, or itself, as being an
incorporated association or other body corporate of which the
incorporation was effected or is recognised under a law in force
in the ACT;
the person, or each member of the association or other group of
persons, commits an offence.
Maximum penalty: 30 penalty units.
114 Investment with associations
(1) An incorporated association must not, without the written approval of
the registrar-general, invite a person other than a member or applicant

for membership of the association to invest money with the
association nor receive money from such a person for investment
with the association.
Maximum penalty: 50 penalty units.
(2) If an incorporated association receives money from a person in
contravention of subsection (1)—
(a) the transaction is taken to be void; and
(b) the money, any interest on the money paid or payable to the
association, and any profit derived from use of the money by the
association, is recoverable by the person from the association as
a debt due to the person.
(3) An incorporated association may, subject to the rules, invite a member
or applicant for membership of the association to deposit money with
or lend money to the association, and may receive money from a
member or applicant for membership.
(4) The registrar-general may grant an incorporated association approval
to invite a person referred to in subsection (1) to invest money with
the association and approval to receive money from such a person for
investment, and may make the grant subject to any conditions the
registrar-general thinks fit.
(5) An association that does not comply with a condition specified in a
grant of approval given to the association under subsection (4)
commits an offence.
Maximum penalty: 50 penalty units.
115 Certificates as evidence
(1) In any proceedings, a certificate of the registrar-general to the effect—
(a) that, on a date stated in the certificate, the association named in
the certificate was or was not an incorporated association; or
(b) that, on a date stated in the certificate, there was no association
incorporated under the name stated in the certificate; or
(c) that a provision of this Act stated in the certificate—

(i) had or had not been complied with at a date or within a
period stated in the certificate; or
(ii) had been complied with at the date stated in the certificate
but not before that date; or
(d) that, on a date stated in the certificate, the person named in the
certificate was or was not shown by the registrar-general’s
records to be the public officer of an incorporated association
named in the certificate; or
(e) that, on a date stated in the certificate, the address stated in the
certificate was the last address of the public officer of the
incorporated association named in the certificate of which the
registrar-general was notified; or
(f) that a copy of the statement of the objects or the rules of an
incorporated association named in the certificate, or a copy of a
notice stating particulars of any trust relating to the incorporated
association named in the certificate, is a true copy of the
statement, the rules or the notice, at the date stated in the
certificate;
is evidence of the matters stated in the certificate.
(2) In any proceedings, a certificate of incorporation issued under this
Act or the repealed Act in relation to an association is taken to be
conclusive evidence that the association was incorporated under the
respective Act on the date stated in the certificate as the date of
incorporation.
(3) In this section—
(a) a reference to a copy of a document includes a reference to a
print-out of the matters or some of the matters contained in the
document and recorded in a computerised database comprising
the matters contained in documents issued by or lodged with the
registrar-general; and
(b) a reference to a document includes a reference to—
(i) a copy of a certificate of incorporation kept by the registrar-
general under section 10; and

(ii) an application lodged with the registrar-general under this
Act; and
(iii) if a reproduction or transparency of a document lodged
with the registrar-general has been incorporated in a
register—the reproduction or transparency.
116 Copies or extracts of books as evidence
(1) In any legal proceedings (whether under this Act or otherwise), a
copy of, or extract from, a book relating to the affairs of an
incorporated association is admissible in evidence as if it were the
book or the relevant part of it on proof that the copy or extract is a
true copy of the book or the relevant part of it.
(2) For subsection (1), evidence that a copy of or an extract from a book
is a true copy of the book or a part of the book may be given by a
person who has compared the copy or extract with the book or the
relevant part of the book, and may be given either orally or by an
affidavit sworn, or by a declaration made, before a person authorised
to take affidavits or statutory declarations.
117 Constructive notice of documents etc
(1) A person is not taken to have knowledge of—
(a) the statement of the objects or the rules, or any of the content of
that statement or the rules, of an association; or
(b) a document or the content of a document relating to an
association; or
(c) any particulars relating to an association;
only because—
(d) the statement, the rules, the document or a statement or notice of
the particulars has been lodged with the registrar-general; or
(e) the statement, the rules, the document or a statement or notice of
the particulars is referred to in another document lodged with the
registrar-general.
(2) In any proceedings to which an incorporated association or a

guarantor of an obligation of an incorporated association and a person
dealing with the association or a person who has acquired rights from
the association are parties, the association or the guarantor is not
entitled to adduce evidence that—
(a) the rules of the association have not been complied with; or
(b) the most recently appointed public officer of the association of
whose appointment the registrar-general was notified is not the
public officer of the association;
unless the person—
(c) had actual knowledge of that fact at the relevant time; or
(d) ought to have had knowledge of that fact at the relevant time
because of the person’s connection or relationship with the
association.

Part 10 Notification and review of
decisions
118 Meaning of reviewable decision— pt 10
In this part:
reviewable decision m eans a decision m entioned in
schedule 3, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
119 Reviewable decision notices
If the registrar-general makes a reviewable decision, the
registrar-general must give a reviewable decision notice to each entity
mentioned in schedule 3, column 4 in relation to the decision.
Note 1 The registrar-general must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are
affected by the decision (see ACT Civil and Administrative Tribunal
Act 2008 , s 67A).
Note 2 The requirements for reviewable decision notices are prescribed under
the ACT Civil and Administrative Tribunal Act 2008 .
119A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 3, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.

Part 11 Miscellaneous
120 Extensions of time for applications etc
(1) The registrar-general may, on the written application of an
incorporated association, an officer of an incorporated association or a
person authorised for this section by an association or a group of
persons proposing to form an association, extend a period of time
prescribed by this Act, whether or not the application is made before
the period has expired.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) The registrar-general may make the extension of a period under
subsection (1) subject to any condition the registrar-general thinks fit
and may, by written notice to the association, vary or revoke the
extension.
121 Registered office of incorporated association
(1) An incorporated association may have a registered office in the ACT
to which communications and notices may be addressed and that must
be open for the hours (not being less than 3) between the hours of 9
am and 5 pm of each day that is not a Saturday, a Sunday or a public
holiday that are stated by the association—
(a) in an application for incorporation under section 18 (1) (a)
or 26 (2) (a); or
(b) in a notice given under subsection (2) or, if the association gives
a notice under subsection (3), in that notice.
(2) If an incorporated association opens a registered office subsequent to
incorporation under this Act, it must, within 7 days of opening that
office, inform the registrar-general by notice in writing of—
(a) the address of the registered office of the association; and
(b) the hours during which the office is required to be open under
subsection (1).

(3) An incorporated association having a registered office must, within 7
days of a change in the situation of that office or a change in the hours
of opening of the office, inform the registrar-general by notice in
writing of the relevant change.
122 Service of documents
(1) Unless otherwise provided by this Act, service on an incorporated
association of a document or process may be effected by—
(a) addressing it to the association and leaving it at, or sending it by
post to, the address that appears in the registrar-general’s
records as the last notified address of the person who is, or was
then, the public officer of the association; or
(b) by serving a copy of it personally on a member of the committee
of the association; or
(c) if the association has a registered office—by addressing it to the
association and leaving it at, or, by sending it by post to, the
registered office of the association.
(2) If under this Act a document or process is served on the public officer
or a member of the committee of an incorporated association, the
public officer or the member must, as soon as practicable after
receiving the document or process, bring it to the attention of the
committee of the association.
Maximum penalty: 5 penalty units.
(3) If a person who is not the public officer or a member of the committee
of an incorporated association—
(a) receives a document addressed to the association; and
(b) was, at any time within the period of 2 years ended immediately
before receiving the document, an officer of the association;
the person must, as soon as practicable after receiving the document,
bring it to the attention of the committee of the association.
Maximum penalty: 5 penalty units.
123 Translation of instruments

If under this Act a person gives to or lodges with the registrar-general
any instrument or a copy of any instrument and the instrument is not
written in the English language, the person must at the same time give
to or lodge with the registrar-general a certified translation of the
instrument into the English language.
124 Powers of the court
On hearing an application under this Act, the court may make or
refuse to make the order sought, and may make any other orders it
thinks fit.
125 Determination of fees
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
126 Approved forms
(1) The registrar-general may, in writing, approve forms for this Act.
(2) If the registrar-general approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
127 Regulation-making power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may make provision in relation to—
(a) prescribing model rules; and
(b) lodging applications or other documents with the registrar-

general; and
(c) the verification of information required or permitted to be given
to the registrar-general; and
(d) regulating the preparation, completion and signing of approved
forms.
(3) A regulation may create offences and fix maximum penalties of not
more than 10 penalty units for the offences.
(4) If—
(a) a document to be lodged under this Act is required to be verified
and no way of verifying the document or its contents is
prescribed by this Act; or
(b) the verification of a document to be lodged under this Act is not
provided for by this Act;
the regulations may provide that the document is to be verified by a
written statement made by a person prescribed under the regulations.

Schedule 1 Matters to be provided for in
rules other than model rules
(see s 32 (a))
column 1 column 2 column 3
1 membership
qualifications
state any qualification that is a prerequisite to
being admitted to membership of the association
2 fees and subscriptions state the amount of any entrance fee, subscription
or other charge payable by members of the
association
3 members’ liability state the liability (if any) of members of the
association to contribute towards payment of the
debts and liabilities of the association or the costs,
charges and expenses of winding-up the
association
4 discipline state—
(a) the procedure (if any) for disciplining
members; and
(b) the way (if any) in which a member may
appeal in respect of any disciplinary
action taken against the member; and
(c) the way (if any) in which a member may
make representations to, or appear before,
the association or its delegate, in relation
to any charge made against the member

5 committee of the
association
1 state the name, constitution and powers
of the committee of the association
2 make provision for the following matters
in relation to the committee:
(a) the election or appointment of members
of the committee;
(b) the term of office of members of the
committee;
(c) any grounds on which the office of a
member of the committee is taken to have
become vacant;
(d) the manner of filling a casual vacancy in
the office of a committee member;
(e) the number of members that constitute a
quorum at a meeting of the committee;
(f) the procedure to be followed at a meeting
of the committee
6 general meetings make provision for the following matters in
relation to general meetings of the association:
(a) the frequency with which general
meetings of the association are to be
convened;
(b) the way in which general meetings and
special general meetings of the association
are to be convened;
(c) the procedure to be followed at a general
meeting of the association;
(d) the number of members that constitutes a
quorum at a general meeting of the
association;
(e) whether or not members of the association
are entitled to vote by proxy at general
meetings;
(f) the time within which and the manner in
which notices of general meetings and
notices of motion are to be given,
published or circulated
7 financial year state the date when the financial year of the
association ends

8 funds 1 state the source from which the funds of
the association are to be or may be derived
2 state the way in which the funds of the
association are to be managed and, in particular,
the mode of drawing and signing cheques on
behalf of the association
9 common seal provide for the custody and use of the common
seal of the association
10 custody of books
and documents
make provision for the custody of any books,
documents or securities of the association
11 inspection of books
and documents
provide for the inspection by members of any
books or documents of the association

Schedule 2 Modification of the
Corporations Act, part 5.7 in its
application to incorporated
associations
(see s 91)
[2.1] Section 582
omit
[2.2] Section 583
after 2nd mention of
Chapter
insert
(excluding parts 5.1, 5.2, 5.3, 5.4, 5.7A, 5.8 and 5.9)
[2.3] Section 583 (b)
omit
[2.4] Section 583 (c) (iii)
omit
[2.5] New section 583 (d), (e) and (f)
insert
(d) in relation to a voluntary winding up—part 5.5 applies subject to
the exclusion of the following provisions:
section 493 (2); division 3; sections 501 and 507.
(e) in relation to winding up generally—part 5.6 applies subject to
the exclusion of the following provisions:
sections 532 (8), 544, 556 (1) (c), (d) and (j), 557, 565 (2) (a)
(ii) and 572-579.

(f) in this chapter that apply in relation to the winding up of an
incorporated association—
(i) a reference to a company or a body is a reference to an
incorporated association; and
(ii) a reference to a contributory of a company is a reference to
a member of an incorporated association; and
(iii) a reference to the registration of a company is a reference to
the incorporation of an incorporated association; and
(iv) a reference to the articles of a company is a reference to the
rules of an incorporated association; and
(v) a reference to the directors of a company is a reference to
the members of the committee of an incorporated
association; and
(vi) a reference to the secretary of a company is a reference to
the public officer of an incorporated association; and
(vii) a reference to the registered office or to the principal place
of business of a corporation is a reference—
(A) if an incorporated association has a registered office
—to the current address of that office as notified to
the registrar-general under the Act; or
(B) if an incorporated association does not have a
registered office—to the current address of the public
officer of the association as notified to the registrar-
general under the Act;
(viii) a reference to a special resolution is a reference to a special
resolution within the meaning of the Act; and
(ix) a reference to the commission is a reference to the registrar-
general within the meaning of the Act.
[2.6] Section 586
omit

Schedule 3 Reviewable decisions
(see pt 10)
column 1item column 2section column 3decision column 4entity
1 13 (1) refuse to receive or register
document submitted for
lodgment
association lodging
document
2 19 refuse application for
incorporation of association
or proposed association
applicant for incorporation
3 27 refuse application for
incorporation of
amalgamating associations
applicant for incorporation
4 39 (1) direct association to change
name
association given direction
5 83 (8) cancel incorporation of
association
association that has
incorporation cancelled
6 93 (3) cancel incorporation of
association
association that has
incorporation cancelled
7 114 withhold approval to
invitation for investment in
incorporated association
association that seeks
approval
8 120 (1) refuse application for
extension of time
applicant for extension of
time
9 120 (2) vary or revoke grant of
extension of time
association that has
extension of time varied or
revoked

Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following
terms:
• ACAT
• bankrupt or personally insolvent
• document
• home address
• public holiday
• registrar-general
• reviewable decision notice.
accounting records includes invoices, receipts, orders for the
payment of money, bills of exchange, cheques, promissory notes,
vouchers and other documents of prime entry, books and records
which record documents of prime entry, and any working papers and
documents that are necessary to explain the methods and calculations
by which accounts are made up.
annual general meeting , in relation to an incorporated association,
means a meeting of the association held under section 68 or 69.
annual return means a statement referred to in section 79 (1) (a).
approved form means a form approved by the registrar-general under
section 126 (Approved forms).
authorised person means a person authorised to apply for the
incorporation of an association or proposed association under
section 16 (a).
banking corporation means a bank, building society or credit union.
books —
(a) for this Act generally—includes any register or other record of
information and any accounts or accounting records, however
compiled, recorded or stored and any other document; and

(b) for part 8 (Investigation of association’s affairs)—see section 99
(1).
certificate of incorporation means a certificate of incorporation
issued under section 19, section 27 or section 38 (3).
committee , in relation to an association, means the committee of the
association established under section 60 (1).
company limited by guarantee , for part 6 (Transfer of incorporation)
—see section 81.
court means the Supreme Court or the Magistrates Court.
financial year , in relation to an incorporated association, means the
period, not exceeding 12 months, fixed by the rules of the association
as the financial year of the association for this Act.
inaugural member of a committee means a person who is, under
section 61, taken to be an inaugural member of the committee of an
incorporated association.
inaugural public officer means the person who is, under section 58,
taken to be the inaugural public officer of an incorporated association.
incorporated means incorporated under this Act or the repealed Act.
incorporation , in relation to a nonexistent incorporated association,
for division 3.6 (Contracts)—see section 42.
member , in relation to membership of an incorporated association
whether as an individual or as a body corporate, includes associate
member or any other class of member.
memorandum , for part 6 (Transfer of incorporation)—see section 81.
model rules means the rules prescribed under section 127 (2) (a).
objects , in relation to an incorporated association, means the objects
that are, under section 29, the objects of the association.
officer , in relation to an incorporated association, means—
(a) a member of the committee of the association; or
(b) the public officer, secretary, treasurer or executive officer of the

association, the holder of any other office of the association
(however described) or a person occupying any of the
abovementioned offices, whether validly appointed or not; or
(c) any other person who is concerned in or takes part in the
management of the association’s affairs;
but does not include a patron or the holder of another honorary office
of the association if the office does not give its incumbent a right to
participate in the management of the association’s affairs.
pecuniary gain —see section 4.
public officer , in relation to an incorporated association, means the
person appointed to be the public officer of the association in
accordance with section 57.
purport —
(a) to enter into a contract, for division 3.6 (Contracts)—see section
42; and
(b) to execute a contract, for division 3.6 (Contracts)— see
section 42.
repealed Act means the Associations Incorporation Act 1953 as in
force from time to time before 1 January 1992.
reproduction , in relation to a document, means—
(a) a machine-copy of the document; or
(b) a print made from the negative of the document; or
(c) if an image of the document has been stored by means of a
computer or by other electronic means—a print-out of the image.
reviewable decision, for part 10 (Notification and review of
decisions)—see section 118.
rules , in relation to an incorporated association, means the rules that
are, under section 31 (1), the rules of the association.
special resolution means a resolution passed in accordance with
section 70.

trade —see section 4.
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001 , part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev…) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
3 Legislation history
Associations Incorporation Act 1991 No 46
notified 30 September 1991 (Gaz 1991 No S97)

s 1, s 2 commenced 30 September 1991 (s 2 (1))
remainder commenced 1 January 1992 (s 2 (2) and Gaz 1991
No S140)
as amended by
Statute Law Revision (Miscellaneous Provisions) Act 1993 No 1
sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993
Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1
notified 6 September 1993
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)
Real Property (Consequential Provisions) Act 1993 No 90 sch
notified 17 December 1993
s 1, s 2 commenced 17 December 1993 (s 2 (1))
sch commenced 1 January 1994 (s 2 (2) and Gaz 1993 No S270)
Associations Incorporation (Amendment) Act 1994 No 21
notified 20 May 1994 (Gaz 1994 No S87)
commenced 20 May 1994 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994 No
60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No
S250)
Land Titles (Consequential Amendments) Act 1995 No 54 sch 1
notified 20 December 1995 (Gaz 1995 No S313)
commenced 20 June 1996 (s 2)
Financial Institutions (Removal of Discrimination) Act 1997 No 88
sch
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No
S442)
Legal Practitioners (Consequential Amendments) Act 1997 No 96
sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 24
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 24 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.7
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.7 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.2
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.2 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.3
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.3 commenced 2 June 2005 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.8
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.8 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.4
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.4 commenced 11 July 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.10
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT
Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and
CN2009-2)
Justice and Community Safety Legislation Amendment Act 2009
(No 2) A2009-19 pt 2
notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
pt 2 commenced 29 September 2009 (s 2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.6
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.6 commenced 22 September 2009 (s 2)
Associations Incorporation Amendment Act 2009 A2009-27
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
remainder commenced 10 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.3
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.3 commenced 17 December 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2010
(No 2) A2010-30 sch 1 pt 1.2
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.2 commenced 28 September 2010 (s 2 (2))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.2
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.2 commenced 1 March 2011 (s 2)
Justice and Community Safety Legislation Amendment Act 2011
A2011-16 sch 1 pt 1.2
notified LR 17 May 2011
s 1, s 2 commenced 17 May 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 17 November 2011 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2011
(No 2) A2011-27 sch 1 pt 1.1
notified LR 30 August 2011
s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))
sch 1 pt 1.1 commenced 13 September 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.3
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.3 commenced 21 September 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.4
notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 March 2012 (s 2 (1) and see Evidence
Act 2011 A2011-12, s 2 and CN2012-4)
Business Names Registration (Transition to Commonwealth)
Act 2012 A2012-2 sch 2 pt 2.1
notified LR 28 February 2012
s 1, s 2 commenced 28 February 2012 (LA s 75 (1))
sch 2 pt 2.1 commenced 28 May 2012 (s 2 (2))

4 Amendment history
Name of Acts 1 sub A2007-3 amdt 3.34
Dictionarys 2 om 2001 No 44 amdt 1.246ins A2007-3 amdt 3.36
Notess 3 defs reloc to dict A2007-3 amdt 3.35sub A2007-3 amdt 3.36def determined fee am 1999 No 66 sch om 2001 No 44 amdt 1.249 def legal practitioner om 1997 No 88 sch def Registrar om 1993 No 64 sch 1 def Registrar of Titles om 1993 No 64 sch 1
Registrar and Deputy Registrarss 5 om 1993 No 64
Acting appointmentss 6 om 1993 No 64
Registrar a corporation soles 7 om 1993 No 64
Protection and liability of Registrar and other officerss 8 om 1993 No 64
Registerss 9 am 1993 No 64sub A2011-3 amdt 3.6
Copies of certificates of incorporations 10 am 1993 No 64
Inspection of documentss 11 am 1993 No 64; 2001 No 44 amdt 1.250, amdt 1.251; A2009-27 s 4
Disposal of documentss 12 am 1993 No 64
Defective documentss 13 am 1993 No 64; 2001 No 44 amdt 1.252, amdt 1.253
Addresses may be kept confidentials 13A ins A2009-27 s 5
Eligibility for incorporations 14 am A2011-28 amdt 3.9
Ineligible associations—incorporations 15 am 2001 No 44 amdt 1.254, amdt 1.255; A2007-16 amdt 3.14
Powers of authorised persons 17 am 1993 No 64
Applications for incorporation

s 18 am 2001 No 44 amdts 1.256-1.258; A2009-27 s 6
Certificate of incorporations 19 am 1993 No 64
Restriction of actionss 25 am 1993 No 64
Amalgamation of incorporated associationss 26 am 1993 No 64; 2001 No 44 amdts 1.259-1.261; A2009-27 s 6
Incorporation of amalgamating associationss 27 am 1993 No 64
Effect of incorporation—amalgamated associationss 28 am 1993 No 64; 1993 No 90; 1995 No 54
Objectss 29 am 1993 No 64
Alteration of objectss 30 am 1993 No 64; 1998 No 54; 2001 No 44 amdt 1.262, amdt 1.263
Rules other than model ruless 32 am 1993 No 1
Alteration of ruless 33 am 1993 No 64; 1998 No 54; 2001 No 44 amdt 1.264, amdt 1.265
Copies of documents for memberss 35 am 2001 No 44 amdt 1.266
Reservation of namess 37 am 1993 No 64; 2001 No 44 amdts 1.267-1.271; A2012-2 amdt 2.1; pars renum R23 LA
Change of names 38 am 1993 No 64; 2001 No 44 amdt 1.272, amdt 1.273
Compulsory change of names 39 am 1993 No 64
Name on association’s documents etcs 41 am 1998 No 54
References to purported entry into contracts etc—div 3.6s 42 sub A2007-3 amdt 3.37
Authentication and execution of documentss 55 am A2011-3 amdt 3.7
Notice of public officer’s appointment or change of addresss 59 am 1993 No 64; 1998 No 54 2001 No 44 amdts 1.274-1.276; A2009-27 s 7; A2011-3 amdt 3.8
Notice of changes in committees 62 am 1993 No 64; 1998 No 54 2001 No 44 amdt 1.277, amdt 1.278; A2009-27 s 8; A2011-3 amdt 3.9
Disqualification from office––convictions or bankruptcys 63 hdg sub A2011-27 amdt 1.1

s 63 am 1993 No 64; 1998 No 54; A2010-30 amdt 1.13; A2011-3 amdt 3.10
Disqualification from office––noncompliance with Acts 63A ins A2011-27 amdt 1.2
Vacancy in office of public officers 64 am 1998 No 54; A2010-30 amdt 1.14; A2011-3 amdt 3.11; A2011-27 amdt 1.3; pars renum R19 LA
Disclosure of committee member’s interests 65 am 1998 No 54; A2011-3 amdt 3.12
Information from officerss 66 am 1993 No 64; A2009-27 s 9; A2009-49 amdt 3.8
Special resolutionss 70 am 1994 No 21
Accounting recordss 71 am 1998 No 54
Annual statement of accountss 72 am 1998 No 54
Presentation of statement to memberss 73 am 1998 No 54
Audit of accountss 74 am 1998 No 54; A2004-42 amdt 3.2; A2011-27 amdt 1.4
Auditor’s powers and dutiess 75 am A2011-3 amdt 3.13
Auditor of prescribed associationss 76 am 1993 No 64; 1998 No 54
Auditor’s liabilitys 77 sub A2011-3 amdt 3.14
Obstruction of auditors 78 am 1998 No 54; A2011-3 amdt 3.15
Annual returnss 79 am 1993 No 64; 1998 No 54; 2001 No 44 amdt 1.279
Lodgment of particulars instead of documentss 80 am 1993 No 64
Voluntary transfer of incorporations 82 am 1993 No 64; 2001 No 44 amdts 1.280-1.282
Cancellation where continued incorporation inappropriates 83 am 1993 No 64; 2001 No 44 amdts 1.283-1.285; R5 LA (see 2001 No 44 amdt 1.286); A2007-16 amdt 3.15; A2011-28 amdt 3.10
Cancellation of incorporation following voluntary transfers 85 am 1993 No 64
Transfer of land to companys 87 am 1993 No 64; 1993 No 90; 1995 No 54
Application for winding up by the court

s 89 am 1993 No 64
Property of defunct associations 92 am 1993 No 64; 1993 No 90; 1995 No 54; 1998 No 54; A2009-20 amdt 3.17
Cancellation of incorporations 93 am 1993 No 64; 2001 No 44 amdts 1.287-1.289; R5 LA (see 2001 No 44 amdt 1.290); A2009-19 s 4; pars renum R15 LA; A2011-3 amdt 3.16; A2011-16 amdt 1.2
Property of former incorporated associations 94 am 1993 No 64; 1993 No 90; 1995 No 54
Property vested in registrar-generals 95 am 1993 No 64; A2011-3 amdt 3.17
Liability in relation to property vested in registrar-generals 96 am 1993 No 64
Registrar-general’s power to act for defunct associations 97 am 1993 No 64; A2011-3 amdt 3.17
Records of property vested in registrar-generals 98 am 1993 No 64
Meaning of books in pt 8s 99 am A2011-28 amdt 3.11
Secrecys 100 am 1993 No 64; 1998 No 54
Investigations by registrar-generals 101 am 1993 No 64; A2011-3 amdt 3.18
Scope of registrar-general’s powerss 102 am 1993 No 64
Production of association’s bookss 103 am 1993 No 64; A2011-3 amdts 3.19-3.22
Inspection of books held by lawyers 104 am 1993 No 64
Proceedings for offencess 106 am 1993 No 64
Offences related to inspection of bookss 107 am 1993 No 64; 1998 No 54; A2011-3 amdt 3.23, amdt 3.24
Offences by officers of associations etcs 108 am 1993 No 64; 1998 No 54
Offence—trade or pecuniary gains 109 am 1998 No 54
Improper use of officer’s positions 111 am 1998 No 54om A2004-15 amdt 2.17
Offences by unincorporated bodiess 112 am 1998 No 54
False or misleading statements

s 113 am 1993 No 64; 1998 No 54om A2004-15 amdt 2.17
Investment with associationss 114 am 1993 No 64; 1998 No 54
Certificates as evidences 115 am 1993 No 64; A2011-48 amdt 1.4, amdt 1.5; ss renum R22 LA
Constructive notice of documents etcs 117 am 1993 No 64
Notification and review of decisionspt 10 hdg sub A2008-37 amdt 1.34
Meaning of reviewable decision —pt 10 s 118 am 1993 No 64; 1994 No 60sub A2008-37 amdt 1.34
Reviewable decision noticess 119 am 1993 No 64; 1994 No 60sub A2008-37 amdt 1.34
Applications for reviews 119A ins A2008-37 amdt 1.34
Miscellaneouspt 11 hdg ins A2008-37 amdt 1.34
Extensions of time for applications etcs 120 am 1993 No 64; 2001 No 44 amdt 1.291, amdt 1.292
Registered office of incorporated associations 121 am 1993 No 64; A2007-16 amdt 3.16; A2011-28 amdt 3.12
Service of documentss 122 am 1993 No 64; 1998 No 54
Translation of instrumentss 123 am 1998 No 54
Determination of feess 125 am 1993 No 64sub 2001 No 44 amdt 1.293
Approved forms s 126 sub 2001 No 44 amdt 1.293am A2007-3 amdt 3.38
Regulation-making power s 127 am 1993 No 64; 1998 No 54sub 2001 No 44 amdt 1.293am A2007-16 amdt 3.17, amdt 3.18
Repeals 128 om 2001 No 44 amdt 1.293
Transitional and savings provisionspt 11 hdg exp 2 June 2005 (s 141 (2))
General savingss 129 exp 2 June 2005 (s 141 (2))

Legal proceedingss 130 exp 2 June 2005 (s 141 (2))
Associations incorporated under repealed Acts 131 exp 2 June 2005 (s 141 (2))
Registers kept under repealed Acts 132 exp 2 June 2005 (s 141 (2))
Winding-ups 133 exp 2 June 2005 (s 141 (2))
Applications for incorporations 134 exp 2 June 2005 (s 141 (2))
Documents to be lodgeds 135 exp 2 June 2005 (s 141 (2))
Statement of objectss 136 am 1993 No 64exp 2 June 2005 (s 141 (2))
Change of names 137 am 1993 No 64exp 2 June 2005 (s 141 (2))
Transition—public officers 138 exp 2 June 2005 (s 141 (2))
Transition—committees 139 am 1998 No 54exp 2 June 2005 (s 141 (2))
Transition—additional returns 140 am 1993 No 64; 1998 No 54exp 2 June 2005 (s 141 (2))
Expiry of pt 11 etcs 141 am 1998 No 54om R4 LRAins A2005-20 amdt 3.13exp 2 June 2005 (s 141 (2))
Transition—annual general meetings 142 om R4 LRA
Transition—register of memberss 143 am 1993 No 64om R4 LRA
Modification of Corporations Act, part 5.7 in its application to incorporated associationssch 2 am 1993 No 64
Reviewable decisionssch 3 ins A2008-37 amdt 1.35
Dictionarydict ins A2007-3 amdt 3.39am A2008-37 amdt 1.36; A2009-49 amdt 3.9; A2010-30 amdt 1.15; A2011-28 amdt 3.13def accounting records reloc from s 3 A2007-3 amdt 3.35 def annual general meeting reloc from s 3 A2007-3

amdt 3.35def annual return reloc from s 3 A2007-3 amdt 3.35 def approved form sub 2001 No 44 amdt 1.247 reloc from s 3 A2007-3 amdt 3.35 def authorised person reloc from s 3 A2007-3 amdt 3.35 def banker’s books reloc from s 3 A2007-3 amdt 3.35 om A2011-28 amdt 3.14 def banking corporation am 1997 No 88 sch sub 1999 No 66 schreloc from s 3 A2007-3 amdt 3.35 def books reloc from s 3 A2007-3 amdt 3.35 also ins A2007-3 amdt 3.39both sub A2011-28 amdt 3.15 def certificate of incorporation reloc from s 3 A2007-3 amdt 3.35def commencement date sub 2001 No 44 amdt 1.248 reloc from s 3 A2007-3 amdt 3.35om A2011-28 amdt 3.16 def committee reloc from s 3 A2007-3 amdt 3.35 def company limited by guarantee ins A2007-3 amdt 3.39 def court reloc from s 3 A2007-3 amdt 3.35 def financial year reloc from s 3 A2007-3 amdt 3.35 def inaugural member of a committee reloc from s 3 A2007-3 amdt 3.35def inaugural public officer reloc from s 3 A2007-3 amdt 3.35def incorporated reloc from s 3 A2007-3 amdt 3.35 def incorporation ins A2007-3 amdt 3.39 def member reloc from s 3 A2007-3 amdt 3.35 def memorandum ins A2007-3 amdt 3.39 def model rules reloc from s 3 A2007-3 amdt 3.35 def objects reloc from s 3 A2007-3 amdt 3.35 def officer reloc from s 3 A2007-3 amdt 3.35 def pecuniary gain ins A2007-3 amdt 3.39 def public officer reloc from s 3 A2007-3 amdt 3.35 def purport ins A2007-3 amdt 3.39 def repealed Act reloc from s 3 A2007-3 amdt 3.35 am A2011-28 amdt 3.17 def reproduction reloc from s 3 A2007-3 amdt 3.35 def reviewable decision ins A2008-37 amdt 1.37 def rules reloc from s 3 A2007-3 amdt 3.35 def special resolution reloc from s 3 A2007-3 amdt 3.35 def trade ins A2007-3 amdt 3.39

5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Electronic and printed versions of
an authorised republication are identical.
Republication
No and date
Effective Last amendment
made by
Republication for
R0A27 Feb 2008 1 Jan 1992–28 Feb 1993 not amended republication for new Act
R0B27 Feb 2008 1 Mar 1993–30 Sept 1993 A1993-1 amendments by A1993-1
R0C27 Feb 2008 1 Oct 1993–31 Dec 1993 A1993-64 amendments by A1993-64
R131 Jan 1994 1 Jan 1994–19 May 1994 A1993-90 amendments by A1993-90
R1 (RI)27 Feb 2008 1 Jan 1994–19 May 1994 A1993-90 reissue of printed version
R1A27 Feb 2008 20 May 1994–13 Nov 1994 A1994-21 amendments by A1994-21
R214 Nov 1994 14 Nov 1994–19 June 1996 A1994-60 amendments by A1994-60
R2 (RI)27 Feb 2008 14 Nov 1994–19 June 1996 A1994-60 reissue of printed version
R2A27 Feb 2008 20 June 1996–30 Dec 1997 A1995-54 amendments by A1995-54
R330 Apr 1998 30 Apr 1998–31 May 1998 A1997-96 amendments by A1997-88
R3 (RI)27 Feb 2008 30 Apr 1998–31 May 1998 A1997-96 reissue of printed version
R3A27 Feb 2008 1 June 1998–8 Dec 1998 A1997-96 amendments by A1997-96
R431 Jan 1999 31 Jan 1999–9 Nov 1999 A1998-54 amendments by A1998-54
R4 (RI)27 Feb 2008 31 Jan 1999–9 Nov 1999 A1998-54 reissue of printed version
R4A27 Feb 2008 10 Nov 1999–11 Sept 2001 A1999-66 amendments by A1999-66
R523 Nov 2001 12 Sept 2001–8 Apr 2004 A2001-44 amendments by A2001-44
R69 Apr 2004 9 Apr 2004–24 Aug 2004 A2004-15 amendments by A2004-15

R725 Aug 2004 25 Aug 2004–1 June 2005 A2004-42 amendments by A2004-42
R82 June 2005 2 June 2005–2 June 2005 A2005-20 amendments by A2005-20
R93 June 2005 3 June 2005–11 Apr 2007 A2005-20 commenced expiry
R10*12 Apr 2007 12 Apr 2007–10 July 2007 A2007-3 amendments by A2007-3
R1111 July 2007 11 July 2007–1 Feb 2009 A2007-16 amendments by A2007-16
R12*2 Feb 2009 2 Feb 2009–9 Sept 2009 A2008-37 amendments by A2008-37
R1310 Sept 2009 10 Sept 2009–21 Sept 2009 A2009-27 amendments by A2009-27
R1422 Sept 2009 22 Sept 2009–28 Sept 2009 A2009-27 amendments by A2009-20
R1529 Sept 2009 29 Sept 2009–16 Dec 2009 A2009-27 amendments by A2009-19
R1617 Dec 2009 17 Dec 2009–27 Sept 2010 A2009-49 amendments by A2009-49
R17*28 Sept 2010 28 Sept 2010–28 Feb 2011 A2010-30 amendments by A2010-30
R181 Mar 2011 1 Mar 2011–12 Sept 2011 A2011-3 amendments by A2011-3
R1913 Sept 2011 13 Sept 2011–20 Sept 2011 A2011-27 amendments by A2011-27
R2021 Sept 2011 21 Sept 2011–16 Nov 2011 A2011-28 amendments by A2011-28
R2117 Nov 2011 17 Nov 2011–29 Feb 2012 A2011-28 amendments by A2011-16
R221 Mar 2012 1 Mar 2012–27 May 2012 A2011-48 amendments by A2011-48
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