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New South Wales – Associations Incorporation Act

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Associations Incorporation Act 1984

Reprint history:
Reprint No 1

26 March 1986

Reprint No 2

3 August 1992

Reprint No 3

6 October 1993

Reprint No 4

30 September 1996

Reprint No 5

3 February 1998

Reprint No 6

8 March 2001

Reprint No 7

19 April 2005

Long Title
An Act to make provision with respect to the incorporation of certain associations and the
regulation of those associations after incorporation; and for other purposes.

Part 1 – Preliminary

1 Name of Act
This Act may be cited as the Associations Incorporation Act 1984 .

2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on
such day as may be
appointed by the Governor in respect ther eof and as may be notified by proclamation
published in the Gazette.
3 Definitions
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

“agent” includes attorney.

“approved”, in relation to a form, means approved by the Director-General.

“association” includes:

(a) a society, club, institution or other body, and
(b) an incorporat ed association.
“committee”, in relation to an association, means the body which governs or has the
management of the association.

“Court” means the Supreme Court of New South Wales.

“date of incorporation” , in relation to an incorporated association, means the date of
incorporation of the asso ciation under this Act.

“Director-General” means the Director-General of th e Department of Fair Trading.

“financial year”, in relation to an incor porated association, means:

(a) a period of 12 months, or such other pe riod (whether longer or shorter than 12
months) not exceeding 18 months as the in corporated association (subject to the
requirements of section 26 as to the holding of annual general meetings of the
association) resolves, commencing on the date of incorporation of the association, and
(b) each period of 12 months, or such other period (whether longer or shorter than 12
months) not exceeding 18 months as the in corporated association (subject to the
requirements of section 26 as to the holding of annual general meetings of the
association) resolves, commencing at the expira tion of the previous financial year of the
incorporated association.
“incorporated association” means an association or other b ody incorporated under this Act.

“member”, in relation to an association, means a pe rson, body or organisation that is, under the
rules of the association, a member of the asso ciation or, where the rules do not provide for
membership of the association, a person, body or or ganisation that is a member of the committee
of the association.

“model rules” means the model rules prescribed under section 73.

“officer”, in relation to an association, includes:

(a) a member of the committee of the association,
(b) the public officer of the association,
(c) a secretary, treasurer, executive officer or employee of the association, and
(d) a person occupying or acting in any of those positions, whether or not validly
appointed to occupy or duly auth orised to act in the position,
but does not include a patron or the holder of so me other honorary office that confers no right to
participate in the administration of the affair s of the association nor any member of the
association that is not an individual.

“property” includes real and personal property, any esta te or interest in any property, real or
personal, any debt, any thing in action, and any ot her right or interest, whether in possession or
not.

“public officer” , in relation to an incor porated association, means th e person who is for the time

being the public officer of the association under this Act.

“regulation” means a regulation made under this Act.

“rules”, in relation to an associati on, includes the constitution, re gulations and by-laws, if any,
of the association.

3A Notes
Notes included in this Act do not form part of this Act.

4 Association trading or securing pecuniary gain
For the purposes of this Act, an association shall not be deemed to trade or secure pecuniary gain
for its members or to be formed or carried on fo r the object of trading or securing pecuniary gain
for its members by reason only that:

(a) the association itself make s a pecuniary gain, unless that gain or any part of it is
divided among or received by the members of the association or any of them,
(b) the association buys or sells or deals in or provides goods or services where those
transactions are ancillary to the principal object of the association and, where the
transactions are with the public, the transactions:
(i) are not substantial in nu mber or value in relation to the other activities of the
association, or
(ii) consist of admission fees to displays, exhibitions, contests, sporting fixtures or
other occasions organised for the promo tion of the objects of the association,
(c) the association is established for the protection of a trad e, business, industry or calling
in which the members of the association are engaged or interested, and the association
itself does not engage or take part in, or in any part or branch of, any such trade, business,
industry or calling,
(d) members of the association derive pecuni ary gain through enjoyment of facilities or
services provided by the association for soci al, recreational, educational or other like
purposes,
(e) any member of the association derives pe cuniary gain from the association by way of
bona fide payment of remuneration,
(f) any member of the association derives from it pecuniary gain to which the member
would be entitled if the member were not a member of the association,
(g) members of the association compete for troph ies or prizes in contests directly related
to the objects of the association, or
(h) the association:
(i) engages in trade which is, or
(ii) secures for its members pecuniary gain which is,
of a class prescribed for th e purposes of this section.
5 Special resolution
(1) For the purposes of this Act, a resolution of an association is a special resolution if:
(a) it is passed by a majority which compri ses not less than three-quarters of such
members of the association as, being entitle d under the rules of the association so
to do, vote in person or, where proxies are allowed, by proxy at a general meeting
of which not less than 21 days’ written notice specifying the intention to propose
the resolution as a special resolution was given in accordance with those rules, or
(b) where it is made to appear to the Director-General that it is not possible or
practicable for the resolution to be passed in the manner specified in paragraph
(a)–the resolution is passed in a ma nner specified by the Director-General.
(2) At any meeting at which a resolution proposed as a special resolution is submitted, a

declaration by the person chairing the meeting that the resolution has been carried as a
special resolution shall be prima facie evidence of the fact unless, during the meeting at
which the resolution is submitted, a poll is demanded:
(a) except where paragraph (b ) applies, by at least 3 members of the association
present in person or, where proxies are allowed, by proxy, or
(b) where the rules of the association ma ke provision for the manner in which the
poll may be demanded–in accordance with those rules.
(3) A declaration by the person chairing the m eeting as to the result of a poll taken
pursuant to a demand as referred to in subsection (2) is prima facie evidence of the matter
so declared.
6 Commonwealth Corporations legislation ex cluded from applying to incorporated
associations
(1) An incorporated association is declared to be an excluded matter for the purposes of
section 5F of the Corporations Act 2001 of the Commonwealth in relation the whole of
the Corporations legislation other than to the extent referred to in subsection (2).
(2) Subsection (1) does not apply:
(a) to the extent specified by section 49 (1), and
(b) to the extent necessary for an association that is a company under the
Corporations Act 2001 of the Commonwealth to be deregistered as a company
under Chapter 5A of that Act, and
(c) if the association is authorised or required by or under section 56 to become
registered as a company under that Act–to the extent necessary for an association
to be registered as a company under Chapter 5B of that Act.
(3) Subsection (1) extends to a co mpany within the meaning of the Corporations Act
2001 of the Commonwealth as soon as it become s an incorporated association under this
Act.
(4) Subsection (1) has effect only for so l ong as a body is an incorporated association
under this Act.
Part 2 – Incorporation

7 Eligibility for incorporation
(1) Subject to this Act, an association fo rmed or carried on for any lawful object and
consisting of not less than 5 members is elig ible to be incorporated under this Act.
(2) Notwithstanding subsection (1), an associatio n is not eligible to be incorporated under
this Act if the association:
(a) is carried on for the object of trad ing or securing pecuniary gain for its
members,
(b) has a capital divided into shares or st ock held by members of the association,
(c) holds property in which the members of the association have a disposable
interest, whether directly or in the form of shares or stock in the capital of the
association, or otherwise,
(d) is an industrial organisation within the meaning of the Industrial Relations Act
1996 that is a State organisation incorporated under that Act,
(e) is registered as a co-operative under the Co-operatives Act 1992, a society
under the Friendly Socie ties Act 1989, a building society or credit union under the
Financial Institutions (NSW) Code or a co-operative housing society under the
Co-operative Housing and Starr-Bowkett Societies Act 1998 , or
(f) is a company within the meaning of the Corporations Act 2001 of the
Commonwealth, other than a company limited by guarantee within the meaning
of that Act, or
(g) is an association which is, or is incl uded in a class of associations which is,
prescribed for the purpo ses of this subsection.

(3) The incorporation of an association under this Act is valid notwithstanding that the
association was not eligible to be so incorporated.
8 Authority to apply for incorporation
(1) An association which is eligible to be incorporated under this Act may, by special
resolution:
(a) authorise a person (not being a person under 18 years of age) who is resident
in the State to incorporate th e association under this Act,
(b) approve a statement of objects of th e proposed incorporated association, and
(c) approve rules of the proposed incorporated association which comply with
section 11 or approve the adoption of the model rules as the rules of the proposed
incorporated association.
(2) For the purpose of forming themselves in to an incorporated association, 5 or more
persons together may, in respect of a proposed association which would be eligible to be
incorporated under this Act:
(a) authorise a person (not being a person under 18 years of age) who is resident
in the State to incorporate the proposed association under this Act,
(b) approve a statement of objects of the proposed incorporated association,
(c) approve rules of the proposed incorporated association which comply with
section 11 or approve the adoption of the model rules as the rules of the proposed
incorporated association, and
(d) nominate 2 or more of their number to be the first members of the committee
of the proposed incorporated association.
(3) A person authorised under subsection (1) or (2) to incorporate an association or
proposed association may make application to the Director-General for the incorporation
of the association or proposed association under this Act and may perform all such acts
and do all such things as may be necessa ry for securing the incorporation of the
association or proposed associ ation under this Act, notwithstanding, in the case of an
association referred to in subsect ion (1), anything to the contrary in the rules, if any, of
the association.
9 Application for incorporation
An application for the purposes of secti on 8 shall be in an approved form and:

(a) shall state:
(i) the proposed name of the incorporated association, being a name under which
an association may be incorporat ed in accordance with section 12,
(ii) the place where the principal place of administration of the incorporated
association is proposed to be situated,
(iii) the name and address in th e State of the applicant, and
(iv) (Repealed)
(v) such other particulars as may be prescribed,
(b) shall be accompanied by a copy of the statement of objects of the proposed
incorporated association th at has been approved as referred to in section 8,
(c) shall be accompanied by a copy of the rule s of the proposed incorporated association,
being rules that comply with section 11 and which have been approved as referred to in
section 8 or a statement that adoption of th e model rules as the rules of the proposed
incorporated associati on has been so approved,
(d) (Repealed)
(e) shall be accompanied by a statutory declar ation made by the applicant declaring:
(i) that the applicant is authorised in accordance with section 8 to apply for the
incorporation of the asso ciation or proposed association under this Act, and
(ii) that the particulars contai ned in the application are true,
(iii) (Repealed)

(f) shall be accompanied by such other documents as may be prescribed, and
(g) shall be accompanied by the prescribed fee.
10 Certificate of incorporation
(1) Subject to subsection (2), where an app lication is made in accordance with section 9,
the Director-General shall incorporate the asso ciation or proposed association under this
Act by granting in respect of it a certificat e of incorporation in an approved form.
(2) The Director-General may refuse to incorporate an association or proposed
association pursuant to subs ection (1) if the Director-General is satisfied that
incorporation of the associ ation or proposed association under this Act would be
inappropriate or inconvenient:
(a) by reason of the Directo r-General’s assessment of:
(i) the likely scale or nature of the activities of the association or proposed
association,
(ii) the likely value or nature of the property of the association or proposed
association, or
(iii) the extent or nature of the dealings which th e association or proposed
association has, or is likely to have, with the public, or
(b) for any other prescribed reason.
11 Rules of incorporated associations
(1) The rules of an incorporat ed association or proposed inco rporated association comply
with this section if:
(a) they make provision, whether by adoption of the model rules or otherwise, for:
(i) the several matters specified in Schedule 1, and
(ii) such other matters as may be prescribed, and
(b) they are divided into paragraphs which are designated by letters in
alphabetical order or are numbered consecutively.
(2) Subject to this Act, the rules of an in corporated association bind the association and
the members of the association to the same extent as if the rules had been signed and
sealed by each member and contained covena nts on the part of each member to observe
all the provisions of the rules.
12 Names
(1) Except with the consent of the Minister, an association shall not be incorporated
under a name that is in the opinion of the Dir ector-General undesirable or is a name, or a
name of a kind, under which the Minister has for the purposes of this Act directed the
Director-General not to incorporate an association.
(2) An association shall not be incorporated under a name that has not been reserved in
respect of the associ ation under section 13.
(3) An incorporated association shall have at the end of its name the word “Incorporated”
or the abbreviation “Inc.”.
(4) The name of an incorporated associati on shall appear in legible characters on all
business letters, statements of account, invoi ces, official notices, publications, bills of
exchange, promissory notes, endorsements, che ques, orders, receipts and letters of credit
of or purporting to be issued or executed by or on behalf of the association and if default
is made in complying with this subsection th e association shall be guilty of an offence
and liable to a penalty not exceeding 2 penalty units.
(5) Nothing in this section requires an in corporated association to use the word
“Incorporated” or the abbrevia tion “Inc.” at the end of its name when the name appears
on any document (other than a document refe rred to in subsection (4)) or on any other
matter.
13 Reservation of name
(1) A person may apply to the Director-General in an approved form for the reservation
of a name set out in the application as:

(a) the name of a proposed incorporated association, or
(b) the name to which an incorporated association proposes to change its name.
(2) If the Director-General is satisfied that an application made under subsection (1) for
the reservation of a name is made in good faith and the name is available for reservation,
the Director-General shall, if the prescribed fee has been paid, reserve the name for a
period of 3 months from the date of lodgment of the application a nd, where the Director-
General so reserves the name, the name shall be deemed to have been reserved from that
date.
(3) Where:
(a) at any time during a period for which a name is reserved under this section
(whether or not pursuant to the exercise on a previous occasion or previous
occasions of a power under this section) a nd application is made to the Director-
General for an extension of that period, and
(b) the Director-General is satisfied th at the application is made in good faith,
the Director-General may extend that pe riod for a further period of 3 months.
(4) The reservation of a name under this section in respect of a proposed incorporated
association or an incorporated association does not of itself entitle the proposed
incorporated association or the incorporated association to be incorporated by that name,
either originally or on a change of name.
14 Change of name
(1) An incorporated association may by speci al resolution and with the approval of the
Director-General change its name.
(1A) On receiving notice in relation to an association incorporated under a name that
includes the word “police” or “sheriff” that consent to the carrying on of activities under
that name has been revoked under section 204B of the Police Act 1990 or section 12 of
the Sheriff Act 2005 , the Director-General may, by notice in writing given to the
association, direct the associa tion to change its name to a new name that does not include
the word “police” or “sheriff”.
(1B) The notice given by the Direct or-General under subsection (1A):
(a) must specify a date by which an app lication for approval of a change of name
must be made, and
(b) must state that the association’s inco rporation will be cancelled if such an
application is not made on or before that date.
(2) Where an incorporated association has passe d a special resolution for the change of its
name, the public officer of the association ma y make application to the Director-General
for its approval to the change of name.
(3) An application under subsection (2) sh all be in an approved form and:
(a) shall be made within the prescribed period after the date of the meeting of the
incorporated association at whic h the special resolution was passed,
(b) shall be accompanied by such verification of the application as is prescribed,
and
(c) shall be accompanied by the prescribed fee.
(4) Where an application is made under this section, the Director-General shall not
approve a change of name of an incorporat ed association unless the proposed new name
is a name under which an association may be incorporated in accordance with section 12.
(5) Where an application is made under this section and the Director-General approves
the change of name of an incorporated a ssociation, the Director-General shall issue a
certificate of incorporation in an approved form in respect of the incorporated association
under its new name.
(6) Neither a change of name of an incorporated association pursuant to this Act nor the
issue of a certificate of in corporation under subsection (5) in respect of the change
operates:

(a) to create a new legal entity,
(b) to prejudice or affect the identity of the body corporate constituted by the
incorporated association or its continuity as a body corporate,
(c) to affect the date of incorpora tion of the incorporated association,
(d) to affect the property, or the right s or obligations, of the incorporated
association, or
(e) to render defective an y legal proceedings by or against the incorporated
association,
and any legal proceedings that might have been continued or commenced by or against
the association in its former name may be continued or commenced by or against the
association in its new name.
Part 3 – Incorporated associations

15 Effect of incorporation
(1) On and from the date specified as the date of incorporation in a certificate of
incorporation of an associat ion granted under this Act (oth er than under section 14 (5)),
but subject to this Act and the rules of the incorporated association:
(a) in the case of a certificate granted under section 10, the persons who were the
members of the association immediately befo re that date or, where the certificate
is granted in respect of a proposed association as referre d to in section 8 (2), the
persons who under that subsection authorised incorporation of the proposed
association,
(b) in the case of a cer tificate granted under secti on 47, the persons who were,
immediately before that date, the members of the incorporated associations which
were parties to the amalgamation to which the certificate relates, or
(c) in the case of a certificate gran ted under section 48, the persons who,
immediately before that date, were the members of the company or society in
respect of which the applicati on under that section was made,
together with any other persons who from time to time become members of the
incorporated association (as from the time th ey become members), are an incorporated
association by the name set out in the certificat e, subject to any change of name effected
by the issue of a new certificate of incorporation under section 14 (5).
(2) The incorporated association:
(a) is capable forthwith of performing all the functions of the body corporate,
(b) is capable of suing and being sued,
(c) has perpetual succession and shall have a common seal, and
(d) has power to acquire, hold and dispose of property.
(3) Schedule 2 has effect in relation to an incorporated association.
16 Rights and liabilities of members and officers
(1) Subject to this Act and the rules of the incorporated association, a member or officer
of an incorporated associati on shall not by reason only of being such a member or officer
be liable to contribute towards the payment of the debts and liabilities of the incorporated
association or the costs, charges and expe nses of the winding up of the association.
(2) Subject to this Act, membership of an incorporated association does not confer upon
members of the association any ri ght, title or interest, whether legal or equitable, in the
property of the association.
17 Powers of incorporated associations
(1) Subject to this Act, an incorporated a ssociation has the rights, the powers and the
privileges of a natural person and, without limiting the generality of the foregoing, has
power:
(a) to grant a floating charge on property of the association,
(b) to procure the association to be regi stered or recognised as a body corporate in

any place outside the State, and
(c) to do any act that it is authorised to do by any other law.
(2) The rules of an incorporat ed association may restrict or prohibit the exercise by the
association of any of the powers referred to in subsection (1).
(3) An incorporated association has the capac ity to exercise its powers in a place outside
the State.
18 Restrictions on incorporated associations
(1) Subject to this Act, an inco rporated association shall not:
(a) exercise any power that the associat ion is prohibited, by the rules of the
association, from exercising,
(b) exercise any power contrary to a rest riction on the exercise of that power
contained in the rules of the association, or
(c) do any act otherwise th an in pursuance of the objects of the association.
(2) An officer of an incorporated associati on shall not be in any way, by act or omission,
directly or indirectly, know ingly concerned in or party to a contravention by the
association of subsection (1).
(3) An act of an incorporated association, including the making of an agreement by an
incorporated association and a tr ansfer of property to or by an incorporated association, is
not invalid by reason only that the doing of the act is prohibited by subsection (1) or by
the rules of the association.
(4) An act of an officer of an incorporated association is not invalid by reason only that
the doing of the act is pr ohibited by subsection (2).
(5) The fact that:
(a) the doing of an act by an incorporated association was or would be prohibited
by subsection (1) or by the ru les of the association, or
(b) the doing of an act by an officer of an incorporated association was or would
be prohibited by subsection (2),
may be asserted or relied on only in:
(c) a prosecution of a person for an offence against this Act,
(d) proceedings against the association by a member of the association to restrain
the doing of any act by the association,
(e) proceedings by the association, or by a member of the association, against a
present or former officer of the association, or
(f) an application by the Di rector-General or by a member of the association to
wind up the association.
Part 4 – Affairs of incorporated associations

19 Objects and rules
(1) The objects of an incorporated associati on are the objects stated in the statement of
objects that accompanied the application for its incorporation under this Act, as altered by
the incorporated association from time to time in accordance with section 20.
(2) The rules of an incorporated association are:
(a) where the application for incorporat ion of the association was accompanied by
a copy of rules that complied with section 11–those rules as altered by the
incorporated association from time to time in accordance with section 20 and
those rules deemed to be in cluded by subsection (3), or
(b) except where paragraph (a) applies–the model rules as in force from time to
time, as altered from time to time by th e incorporated association in accordance
with section 20.
(3) Where in relation to any matter the model rules make provision but the rules of an
incorporated association do not make provision, the provision of the model rules shall, in
relation to that matter, be d eemed to be included in the rules of the incorporated

association.
(4) An object or a rule of an incorporated association is of no effect if it is inconsistent
with this Act or contrary to law.
20 Alteration of objects and rules
(1) An incorporated association may, by speci al resolution, alter its statement of objects
or its rules.
(2) The public officer of an incorporated a ssociation shall, within 1 month after the
passing of a special resolution altering the statement of objects or the rules of an
incorporated association, l odge with the Director-General notice in an approved form,
verified as prescribed and accompanied by the prescribed fee, setting out particulars of
the alteration.
(3) Any such alteration has effect when the notice is lodged with the Director-General
and the requirements of subsection (2) are co mplied with in respect of the alteration.
(4) An alteration of the rules of an incorporated association is of no effect unless those
rules, as so altered, comply with section 11.
21 Committee of incorporated association
(1) Unless the rules of an incorporated asso ciation otherwise provide, the first members
of the committee of the incorporated association are:
(a) in the case of an association incorpor ated pursuant to the application of a
person authorised under section 8 (1)– the members of the committee of the
association immediately before th e association was incorporated,
(b) in the case of an association incor porated pursuant to the application of a
person authorised under sect ion 8 (2)–the persons nomin ated pursuant to that
subsection to be the first members of the committee,
(c) in the case of an incorporated as sociation formed by the amalgamation of
incorporated associations pursuant to section 47–the person specified in the
application for that amalgamation under sec tion 46 as nominated to be the first
members of the committee of the amalga mated incorporated association, or
(d) in the case of a company or society incorporated as an incorporated
association pursuant to sec tion 48–the persons who ha d the management of the
society or who were directors of the company, as the case may be, immediately
before the date of its incorporation under this Act.
(2) (Repealed)
21A Register of committee members
(1) An incorporated association must keep a register of the members of the committee of
the association.
(2) The register must contain the following particulars:
(a) the names and residential addresses of each person who is a member of the
committee,
(b) the date on which the person became a member,
(c) such other particulars as may be prescribed.
(3) The register must be kept at the resi dential address of the public officer of the
incorporated association concerned or at such other place or in such other manner as may
be prescribed.
(4) An incorporated association must record in the register any change in the membership
of the committee of the association within 1 month after the change occurs.
(5) In the case of an incorpor ated association that has ceased to exist, the person who was
the public officer of the association immediatel y before the association ceased to exist
must keep the register for a period of 2 y ears after the association ceased to exist.
(6) The register of the members of the comm ittee of an incorporated association may, at
all reasonable hours, be inspected by a ny person without payment of any fee.
22 Public officer

(1) Unless the rules of the incorporated association otherwise provide, the first public
officer of an incorporated association is:
(a) in the case of an incorporated asso ciation incorporated pursuant to an
application under section 9–the pe rson who made the application, or
(b) in the case of an incorporated as sociation incorporated pursuant to an
application under section 46 or 48–the person nominated in the application as the
first public officer.
(2) Unless the rules of the association ot herwise provide, the public officer of an
incorporated association may hold an y other office of the association.
23 Vacancy in office of public officer
(1) Where at any time there is a vacancy in th e office of public officer of an incorporated
association, the committee of the association shall, within 14 days after the vacancy
arises:
(a) give notice of the occurrence of the vacancy to the Director-General in an
approved form, and
(b) appoint a person to fill the vacancy.
(2) Where the committee of an incorporated a ssociation fails to comply with subsection
(1), each member of the committee is guilty of an offence and liable to a penalty not
exceeding 2 penalty units.
(3) A person is not eligible to be appointed as public officer of an incorporated
association unless:
(a) the person has attained the age of 18 years, and
(b) the person is resident in the State.
(4) The acts of the public offi cer of an incorporated association are not invalid by reason
only of any defect that may be discovered in the appointment or qualification of the
public officer.
24 Casual vacancy in office of public officer
(1) An incorporated association may remove the association’s public officer from that
office.
(2) The public officer of an incorporated asso ciation shall be deemed to have vacated the
office if the public officer:
(a) dies,
(b) resigns the office,
(c) is removed from office,
(d) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds w ith his or her creditors or makes an
assignment of his or her remuneration for their benefit,
(e) becomes a temporary patient, a conti nued treatment patient, a protected person
or an incapable person within the meaning of the Mental Health Act 1958 or a
person under detention under Pa rt 7 of that Act, or
(f) ceases to be a resident in the State.
25 Address of public officer
(1) The public officer of an incorporated asso ciation shall, within 14 days after becoming
public officer, give notice to the Director-General in an approved form, accompanied by
the prescribed fee, of the fact and of his or her full name and address in the State.
(2) Where a public officer changes his or her ad dress in the State, the public officer shall,
within 14 days after the ch ange, give notice of the change in an approved form,
accompanied by the prescribed fee.
26 Annual general meeting
(1) Subject to subsection (2), an incorporated association shall, at least once in each
calendar year and within the period of 6 months after the expiration of each financial year
of the association, convene an annua l general meeting of its members.

(2) An incorporated association shall hold its first annual general meeting:
(a) within the period of 18 months after its incorporation under this Act, and
(b) within the period of 6 m onths after the expiration of the first financial year of
the association.
(3) The Director-General may, on application (accompanied by the prescribed fee) being
made by the public officer of the incorporat ed association concerned, subject to such
conditions as the Director-General thinks fit:
(a) extend the period of 6 months referred to in subsection (1) or the period of 18
months referred to in subsection (2), or
(b) permit an annual general meeting to be held in a calendar year other than the
calendar year in which it would otherwis e be required by subsection (1) to be
held.
(4) An incorporated associat ion is not in default in holding an annual general meeting
under subsection (1) or (2) if, pursuant to an extension or permission under subsection
(3), an annual general meeting is not held w ithin the period or in the calendar year in
which it would otherwise be required by subsection (1) or (2), as the case may be, to be
held, but is held within the extended peri od or in the calendar year in which under
subsection (3) it is permitted to be held.
(5) An application by an incorporated associ ation for an extension of a period or for
permission under subsection (3) shall be made be fore the expiration of that period or of
the calendar year in which the annual gene ral meeting would otherwise be required by
subsection (1) or (2), as the case may be, to be held.
(6) At the annual general meeting of an in corporated association, the committee of the
association shall submit to members of th e association a statement which is not
misleading and which gives a true and fair view of the following:
(a) the income and expenditure of the a ssociation during its last financial year,
(b) the assets and liabilities of the associa tion at the end of its last financial year,
(c) the mortgages, charges and other securi ties of any description affecting any of
the property of the association at th e end of its last financial year,
(d) in respect of each trust of which th e association was trustee during a period,
being the whole or any part of the last financial year of the association:
(i) the income and expenditure of the trust during that period,
(ii) the assets and liabilities of the trust during that period, and
(iii) the mortgages, charges and other securities of any description
affecting any of the property of th e trust at the end of that period.
(7) Where an incorporated association fails to comply with the provisions of this section,
the incorporated association and each member of the committee of the association is
guilty of an offence and liable to a penalty not exceeding 2 penalty units.
27 Lodgment of statement regarding accounts
(1) The public officer of an incorporated asso ciation shall, within 1 month after the date
of each annual general meeting of the associati on, lodge with the Director-General in an
approved form, verified as prescribed, a statement:
(a) containing the particulars referred to in section 26 (6) and such other
particulars as may be prescribed,
(b) accompanied by a certificate signed by 2 members of the committee of the
incorporated association authorised by resolution of the committee to the effect
that the statement has been submitted to the members at an annual general
meeting of the incorporated association,
(c) accompanied by a copy of the terms of any resolution passed at that meeting
concerning that statement, and
(d) accompanied by the prescribed fee.
(1A) The Director-General may, at any time, insert in a form approved for the purposes

of the statement referred to in subsection (1), such details relating to an incorporated
association as are known to the Directo r-General, and may provide the partially-
completed form (or part of the fo rm) to the association concerned.
(1B) The public officer of an incorporated a ssociation provided with such a form does not
meet the requirements of subsection (1) if the public officer does not cause the form to be
completed in full (with details that were in serted by the Director-General corrected if
necessary and further matter a dded if part only of the form was provided) and duly
lodged in accordance with this section.
(2) The Director-General may, on the application (accompanied by the prescribed fee) of
the public officer of an incorporated association, if the Director-Gener al thinks fit, extend
or further extend the period for lodgi ng a statement under subsection (1).
(3) An application for an extension under s ubsection (2) may be made, and the power of
the Director-General under that subsection may be exercised, notwithstanding that the
period referred to in subsection (1) has expired.
(4) The Director-General may, by notice in writing given to an incorporated association,
exempt the public officer of the association ei ther generally or in relation to a specified
year from compliance with the provisions of subsection (1) in relation to the association
and may, by notice in writing given to an in corporated association, revoke any general
exemption given under this subsection to the public officer of the association.
(5) Two or more different fees may be prescribed under subsection (2), depending on
how long after the relevant annual general m eeting the application for an extension or
further extension under that s ubsection is made. The fee prescribed may not exceed an
amount equal to 2 penalty units.
(6) The Director-General may waive or remit payment of the whole or any part of a fee
required to accompany a statement or application under this section.
28 Keeping of accounts and minutes of proceedings
(1) An incorporated association must ensure:
(a) that proper accounting records are kept which correctly record and explain the
transactions of the associati on and its financial position, and
(b) that minutes of all proceedings at committee meetings and general meetings of
the association are entered in books kept for that purpose.
(2) The regulations may make provision for or in respect of the keeping and inspection of
accounts and minutes u nder this section.
Part 5 – Contracts, debts, etc, of incorporated associations

Division 1 – General
29 Entering into contracts
(1) A person acting under 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
in the same manner as if the contract were en tered into, varied or discharged by a natural
person.
(2) The entering into, va riation or discharge of a contract in accordance with subsection
(1) is effectual in law and binds the incor porated association and other parties to the
contract.
(3) A contract or other common document execu ted, or purporting to have been executed,
under the common seal of an incorporated association is not invalid by reason only that a
person attesting the affixing of the common s eal was in any way, whether directly or
indirectly, interested in the contract or other document or in the matter to which the
contract or other document relates.
(4) Nothing in this section prevents an in corporated association from entering into,
varying or discharging a cont ract under its common seal.
(5) Nothing in this section affects the opera tion of a law 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.
(6) A document or proceeding requiring auth entication by an incorporated association
may be authenticated by the sign ature of the public officer of the association and need not
be authenticated under the comm on seal of the association.
30 Agent
(1) An incorporated association may, by writing under its common seal, empower a
person, either generally or in respect of a specified matter or specified matters, as its
agent to execute deeds on the association’s behalf, and a deed signed by such an agent on
behalf of the association and under the agent’s seal binds the association and has the same
effect as if it were under the common seal of the association.
(2) The authority of an agent empowered pur suant to subsection (1), as between the
incorporated association and a person dealing with the agen t, continues during the period
(if any) mentioned in the instrument conf erring the authority or, if no period is so
mentioned, until notice of the revocation or termination of the agent’s authority has been
given to the person dealing with the agent.
Division 2 – Pre-incorporation contracts
31 Definitions
In this Division:

(a) a reference to a non-existent incorporat ed association purporting to enter into a
contract is a reference to:
(i) a person executing a contract in the name of an incorporated association, where
no such incorporated association exists, or
(ii) a person purporting to enter into a cont ract as agent or trustee for a proposed
incorporated association,
(b) a reference to a person who purports to ex ecute a contract on behalf of a non-existent
incorporated association is a reference to a person who execu tes a contract or purports to
enter into a contract as referred to in paragraph (a) (i) or (ii), and
(c) a reference, in relation to the purported entry into a contract by a non-existent
incorporated association, to the incorporat ion of the association is a reference to:
(i) where a person has executed a contract in the name of an incorporated
association and no such incorporated association exists–the incorporation of an
association that, having regard to all the circumstances, is reasonably identifiable
with the incorporated association in th e name of which the person executed the
contract, or
(ii) where a person has purported to enter in to a contract as agent or trustee for a
proposed incorporated associ ation–the incorporation of an association that,
having regard to all the circumstances, is reasonably identifiable with the
proposed incorporated association.
32 Ratification of pre-incorporation contracts
(1) Where:
(a) a non-existent incorporated associati on purports to enter into a contract, and
(b) the association is incor porated within a reasonable time after the contract is
purported to be entered into,
the incorporated association may, within a reas onable time after it is incorporated, ratify
the contract.
(2) Where an incorporated association ratifi es a contract as provided by subsection (1),
the association is bound by, and is entitled to the benefit of, that contract as if the
association had been incorporated before the contract was entered into and had been party
to the contract.
(3) Where:

(a) a person purports to enter into a contract as agent or trustee for a proposed
incorporated association, and
(b) the association is incorporated with in a reasonable time after the person
purports to enter into the contract but does not ratify the contract within a
reasonable time after the asso ciation is incorporated,
then, notwithstanding any rule of law or equi ty, the agent or trustee does not have any
right of indemnity against th e incorporated association in respect of the contract.
33 Liability of person executing pre-incorporation contract
(1) Where a non-existent incorporated associatio n purports to enter into a contract and:
(a) the association is not incorporated w ithin a reasonable time after the contract
is purported to be entered into, or
(b) the association is incorporated with in such a reasonable time but does not
ratify the contract within a reasonable time after the association is incorporated,
the other party or each of the other parties to the contract ma y, subject to subsections (3)
and (6), recover from the person or any one or more of the persons who purported to
execute the contract on behalf of the non-existent incorporated association an amount of
damages equivalent to the amount of damages for which that party could have obtained a
judgment against the incor porated association if:
(c) where the association has not been inco rporated as referred to in paragraph
(a)–the association had b een incorporated and had ratified the contract as
provided by section 32, or
(d) where the association has been incorpor ated as referred to in paragraph (b)–
the incorporated associati on had ratified the contract as provided by section 32,
and the contract had been discharged by reason of a breach of the contract constituted by
the refusal or failure of the incorporated association to perform any obligation under the
contract.
(2) Where proceedings are brought to recover damages under subsection (1) in relation to
a contract purported to be entered into by a non-existent incorporated association and the
association has been incorporated, the court in which the proceedings are brought may, if
it thinks it just and equitable to do so, make either or both of the following orders:
(a) an order directing the incorporated asso ciation 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 be nefit, received by the incorporated association as a
result of the contract,
(b) an order that the incorporated associ ation pay the whole or a specified portion
of any damages that, in those proceedi ngs, the defendant has been, or is, found
liable to pay.
(3) Where, in proceedings to recover da mages under subsection (1) in relation to a
contract purported to be entered into by a non- existent incorporated association the court
in which the proceedings are brought makes an order under subsection (2) (a), the court
may refuse to award any damages in the proceedings or may award an amount of
damages that is less than the amount that th e court would have awarded if the order had
not been made.
(4) Where:
(a) a non-existent incorporated associat ion purports to enter into a contract,
(b) the association is incorporated and ra tifies the contract as provided by section
32,
(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 one or more of th e other parties to the contract brings or
bring proceedings against the incorporated association for damages for breach of

the contract,
the court in which the proceedings are brought may, subject to s ubsection (6), if it thinks
it just and equitable to do so, order the pe rson or any one 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 associa tion has been, or is, found liable to pay to the
person or persons by whom the proceedings are brought.
(5) Where a person purports, whether alone or together with another person or other
persons, to execute a contract on behalf of a non-existent incorporated association, the
other party to the contract, or any of the other parties to the contract, may, by writing
signed by that party, consent to the first- mentioned person being exempted from any
liability in relation to the contract.
(6) Where a person has, as provided by subsect ion (5), 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 non-existent incorporated association:
(a) notwithstanding subsection (1), that fi rst-mentioned person is not entitled to
recover damages from that other person in relation to that contract, and
(b) a court shall not, in proceedings unde r subsection (4), order that other person
to pay to the first-mentioned person a ny damages, or any proportion of the
damages, that the incorporated associat ion has been, or may be, found liable to
pay to that first-mentioned person.
34 Contract in substitution fo r pre-incorporation contract
If:

(a) a non-existent incorporated associat ion purports to enter into a contract,
(b) the association is incorporated, and
(c) the incorporated association and the other party or other parties to the contract enter
into a contract in substitution for the first-mentioned contract,
any liabilities to which the person who purporte d to execute the first-mentioned contract on
behalf of the non-existent incorpor ated association is subject under this Division in relation to the
first-mentioned contract (including liabilities under an order made by a court under this Division)
are discharged.

35 Effect of Division on other rights and liabilities
Any rights or liabilities of a person under this Division (including rights and liabilities under an
order made by a court under this Division) in relation to a contract are in substitution for any
rights that the person would have, or any liabilities to which the person would be subject, as the
case may be, apart from this Divisi on, in relation to the contract.

36 Manner of ratification
For the purposes of 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 29
and the provisions of sec tion 29 have effect as if:

(a) a reference in that section to the entering into of a contract included a reference to the
ratification of a contract, and
(b) the reference in subsection (3) of that s ection to a contract executed, or purporting to
have been executed, under the common seal of an incorporated association included a
reference to a contract ratif ied, or purporting to have been ratified, under the common
seal of an incorporated association.
Division 3 – Offences
37 Definitions

(1) This Division applies to an incorporated association:
(a) that has been wound up or is in the course of being wound up,
(b) the incorporation of which has been cancelled by the Director-General, or
(c) that is unable to pay its debts.
(2) In this Division, “appropriate officer” means:
(a) in relation to an inco rporated association that ha s been or is being wound up–
the liquidator, or
(b) in relation to an incorporated associ ation the incorporation of which has been
cancelled by the Director-General or which is unable to pay its debts–the
Director-General.
(3) For the purposes of this section, an inco rporated association shall be deemed to be
unable to pay its debts if, but only if, execu tion or other process issued on a judgment,
decree or order of any court in favour of a creditor of the association is returned
unsatisfied in whole or in part.
38 Offences relating to incurring of debts or fraudulent conduct
(1) If an incorporated association incurs a debt and:
(a) immediately before the time the debt is incurred:
(i) there are reasonable grounds to exp ect that the association will not be
able to pay all its debts as and when they become due, or
(ii) there are reasonable grounds to expect that, if the association incurs
the debt, it will not be able to pay al l its debts as and when they become
due, and
(b) the association is, at the time the debt is incurred, or becomes at a later time,
an association to which this Division applies,
any person who was a member of the committee of the association at the time the debt
was incurred is guilty of an offence and liable to a penalty not exceeding 50 penalty units
or imprisonment for a period not exceeding 1 year, or to both such penalty and
imprisonment, and the associati on and that person or, if there are 2 or more such persons,
those persons are jointly and severall y liable for the payment of the debt.
(2) In any proceedings against a person unde r subsection (1), it is a defence if the
defendant proves:
(a) that the debt was incurred without the defendant’s express or implied authority
or consent, or
(b) that, at the time the debt was incurre d, the defendant did not have reasonable
cause to expect:
(i) that the association would not be ab le to pay all its debts as and when
they became due, or
(ii) that, if the association incurred th at debt, it would not be able to pay all
its debts as and when they became due.
(3) Proceedings may be brought under subsectio n (1) for the recovery of a debt whether
or not the person against whom the proceed ings are brought, or any other person, has
been convicted of an offence under subsection (1 ) in respect of the incurring of the debt.
(4) Where subsection (1) renders a person or pe rsons liable to pay a debt incurred by an
incorporated association, the payment by that person or either or any of those persons of
the whole or any part of the debt does not render the association liable to the person or
persons concerned in respect of the amount so paid.
(5) If:
(a) an incorporated association does a ny act (including the entering into of a
contract or transaction) with intent to defraud creditors of the association or of
any other person or for any other fraudulent purpose, and
(b) the association is at the time it does the act, or becomes at a later time, an
association to which this Division applies,

any person who was knowingly concerned in the doing of the act with that intent or for
that purpose is guilty of an offence and lia ble to a penalty not exceeding 100 penalty units
or imprisonment for a period not exceeding 2 years, or to both such penalty and
imprisonment.
39 Certificate evidence
(1) A certificate issued by the proper officer of a court stating that a person specified in
the certificate:
(a) was convicted of an offence under section 38 (1) in relation to a debt specified
in the certificate incurred by an inco rporated association so specified, or
(b) was convicted of an offence under secti on 38 (5) in relation to an incorporated
association specified in the certificate,
is, in any proceeding, prima facie evidence of the matters stated in the certificate.
(2) A document purporting to be a certificate issued under subsection (1) shall, unless the
contrary is established, be deemed to be such a certificate and to have been duly issued.
40 Powers of Court
(1) Where a person has been convicted of an offence under section 38 (1) in respect of
the incurring of a debt, the C ourt, on the application of the Director-General or of the
person to whom the debt is payable, may, if it thinks it proper to do so, declare that the
first-mentioned person shall be personally re sponsible without any limitation of liability
for the payment to the person to whom the de bt is payable of an amount equal to the
whole of the debt or such part of it as the Court thinks proper.
(2) Where a person has been convicted of an offence under section 38 (5), the Court, on
the application of the Direct or-General or of a prescribed person, may, if it thinks it
proper to do so, declare that the first-men tioned person shall be personally responsible
without any limitation of liab ility for the payment of the association of the amount
required to satisfy so much of the debts of the association as the Court thinks proper.
(3) For the purposes of subsection (2), in relation to an association in respect of which a
conviction referred to in that subsection relates:
(a) the appropriate officer, and
(b) a member or creditor of the associa tion authorised by the Director-General to
make an application under that subsection,
are prescribed persons.
(4) Where the Court makes a declaration under subsection (1) in relation to a person, it
may give such further directions as it thinks proper for the purpose of giving effect to that
declaration.
(5) In particular, the Court may order that the liability of the person under the declaration
shall be a charge:
(a) on a debt or obligation due from the association to the person, or
(b) on a right or interest under a charge on any property of the association held by
or vested in the person liable or a pe rson on behalf of the person liable, or a
person claiming as assignee from or thr ough the person liable or a person acting
on behalf of the person liable.
(6) The Court may, from time to time, make su ch further order as it thinks proper for the
purpose of enforcing a charge imposed under subsection (5).
(7) For the purpose of subsection (5), “assignee” includes a person to whom or in whose
favour, by the direction of the person liable, the debt, obligation or charge was created,
issued or transferred or the in terest created, but does not include an assignee for valuable
consideration, not including c onsideration by way of marriag e, given in good faith and
without actual knowledg e of any of the matters upon whic h the conviction or declaration
was made.
(8) On the hearing of an application under subsection (1) or (2 ), the appropriate officer or
other applicant may give evidence personally or call witnesses.

41 Certain rights not affected
Nothing in section 38 (1) or 40 (1) or (2) affects any rights of a person to indemnity, subrogation
or contribution.

Part 6 – Insurance

42 Definitions
In this Part, “approved insurer” means a person, or a person belonging to a class of persons:

(a) approved as referred to in section 95 of the Strata Schemes Management Act 1996, or
(b) approved by the Minister by order published in the Gazette.
43 Returns by approved insurers
An approved insurer shall, within 14 days after any insurance effected or renewed with the
insurer by an incorporated associ ation pursuant to section 44 lapses or is cancelled, notify the
Director-General giving details of the lapsing or cancellation.

44 Requirement to insure
(1) An incorporated associati on shall effect and maintain w ith an approved insurer such
insurance against a liability of the association as may be required by the regulations, for a
cover of not less than the am ount required by the regulations.
(2) Without affecting the generality of subsection (1), regulations made for the purpose of
that subsection may require an incorporated association to effect and maintain insurance
against a liability of the association arisi ng out of an occurrence causing death or bodily
injury to a person or damage to property.
45 Exemption where members liable
Section 44 does not operate to require an inco rporated association to effect and maintain
insurance against a liability of th e association if the members of the association are each liable to
contribute in a winding up of the association to an amount which is not less than the amount of
the cover required under that secti on in respect of the liability.

Part 7 – Amalgamation of associations and transfers of incorporation

46 Application for amalgamation
(1) Any 2 or more incorporated associations may apply to be amalgamated as an
incorporated associa tion under this Act.
(2) An application shall not be made under subsection (1) unless the terms of
amalgamation, the statement of objects and the rules of the proposed amalgamated
incorporated association are approved by a speci al resolution of each of the incorporated
associations.
(3) An application under subsection (1) ma y be made by the public officers of the
incorporated associations in an approved form and shall:
(a) be accompanied by a copy of the statement of objects of the proposed
amalgamated incorporated association,
(b) be accompanied by a copy of the rules of the proposed amalgamated
incorporated association,
(c) be accompanied by a notice in an appr oved form of the passing of the special
resolutions referred to in subsection (2),
(d) set out:
(i) the name of the incorporated asso ciation proposed to be formed by the
amalgamation, being a name under which an association may be
incorporated in accordance with section 12,

(ii) the name and address in the State of a person resident in the State who
has been nominated as the first public officer of the proposed
amalgamated incorporated associati on, being a person who has attained
the age of 18 years,
(iii) the names of the persons who have been nominated as the first
members of the committee of the proposed amalgamated incorporated
association,
(iv) the place where the principa l place of administration of the
amalgamated incorporated associati on is proposed to be situated, and
(v) such other particulars as may be prescribed, and
(e) be accompanied by the prescribed fee.
47 Certificate of incorporation of amalgamated associations
If the Director-General is satisfied that each of the incorporated associations making an
application under section 46 has complied with the provisions of this Act and of the regulations
and that the statement of objects a nd the rules of the incorporated association to be formed by the
amalgamation are not contrary to this Act or the regulations, the Director-General shall
incorporate under this Act the a ssociation formed by the amalgamation by granting in respect of
it a certificate of incorporation in an approved form.

48 Application to bring company or co-operative under Act
(1) A company limited by guarantee within the meaning of the Corporations Act 2001 of
the Commonwealth or a co-ope rative registered under the Co-operatives Act 1992 (not
being a co-operative the capital of which is divided into shares or stock), may apply for
incorporation under th is Act where:
(a) the company or co-operative has:
(i) in the case of a company, passe d a special resolution approving the
making of the application, or
(ii) in the case of a co-operative, reso lved in accordance with its rules that
the application be made,
(b) the objects of the company or co -operative are objects for which an
incorporated association may lawfully be carried on, and
(c) the company or co-operative has rule s that comply with this Act or, upon
incorporation under this Ac t, that will so comply, whether by reason of the
adoption of new rules or the model rule s or the alteration of its articles of
association or former rules.
(2) A company or co-operative that intends to make an application under subsection (1)
may, notwithstanding any other law to the contra ry, make an alteration of its articles of
association or rules, or adopt new rules or the model rules, to have effect from the date on
which a certificate of incorporation is gran ted to it under this Act as if it were an
incorporated association and the articles or rules were the rules of an incorporated
association.
(3) An application by a company or co-ope rative under subsection (1) shall be in an
approved form and:
(a) shall state:
(i) its proposed name upon incorpor ation, being a name under which an
association may be incorporated in accordance with section 12,
(ii) the place where the principal place of administration of the
incorporated association is proposed to be situated, and
(iii) the name and address in the State of a member who is resident in the
State and who has been nominated as the first public officer of the
proposed incorporated association, be ing a person who has attained the
age of 18 years,

(b) shall be accompanied by:
(i) a statement of objects as proposed to be in force upon its incorporation
under this Act,
(ii) a copy of its articles of association or rules as proposed to be in force
upon its incorporation under this Act or a statement that its rules will be
the model rules, and
(iii) (Repealed)
(iv) the name, address and occupa tion of each of its directors,
(c) shall contain such other particulars as may be prescribed, and
(d) shall be accompanied by the prescribed fee.
(4) Where an application is made under this se ction, the Director-General, if satisfied that
there is no reasonable cause w hy the company or co-operative should not be incorporated
under this Act and that the company or co-ope rative is not carried on for the object of
trading or securing pecuniary ga in for its members, shall:
(a) incorporate the company or co-operati ve under this Act by granting in respect
of it a certificate of incorpor ation in an approved form,
(b) in the case of a co-operative, give notice of the incorporation of the co-
operative under this Act to the Registrar of Co-operatives, and
(c) cause a notice of the incorporation of the company or co-operative under this
Act to be published in the Gazette.
(5) Section 4 applies for the purposes of the interpretation of the reference in subsection
(4) to trading or securing pec uniary gain as if a reference in section 4 to an association
were a reference to a company or co-operative.
49 Effect of transfer of incorporation
(1) Incorporation of company S ubject to this section, if a company is incorporated as an
incorporated association under section 48, section 6 does not operate to declare a
company to be an excluded matter fo r the purposes of section 5F of the Corporations Act
2001 in relation such provisions of the Cor porations legislation as are necessary:
(a) to continue in existence any right, priv ilege, obligation or liability acquired or
incurred under that Act or any other law before the incorporation, or
(b) to preserve any penalty, forfeiture or punishment incurred in respect of any
offence committed against that Act or any other law before the incorporation, or
(c) to enable any investigation, legal proceeding or remedy to be instituted,
continued or enforced in respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment.
(2) Incorporation of co-operative Subject to this section, if a co-operative is incorporated
as an incorporated asso ciation under section 48:
(a) the co-operative is dissolved and none of the provisions of the Co-operatives
Act 1992 apply to the co-operative after its incorporation, and
(b) the Registrar of Co-operatives must can cel the registration of the co-operative.
(3) Identity of company or co-operative The incorporation of a company or co-operative
as an incorporated association under section 48 does not a ffect the identity of the
company or co-operative. Any such associati on is taken to be the same body before and
after the incorporation.
(4) Proceedings against company or co-operativ e No act, matter or thing is affected or
abated by the incorporation unde r section 48 of a company or co-operative. In particular,
any claim by or against the company or co- operative immediately before its incorporation
under that section may be:
(a) continued by or against the incorporated association in the name of the
company or co-operative, or
(b) commenced by or against the incorpor ated association in the name of the
incorporated association.

(5) Preservation of existing rights liabilities etc Without limiting the generality of
subsections (3) and (4), nothing in section 6 or subsection (2):
(a) affects any right, privilege, obligation or liability acquired or incurred under
the Act referred to in subsecti on (2) or under any other law, or
(b) affects any penalty, forfeiture or punish ment incurred in respect of any offence
committed against that Act or any other law, or
(c) affects any investigation, legal proceed ing or remedy in respect of any such
right, privilege, obligatio n, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if section 6
or subsection (2) had not been enacted.
(6) Application of subsections (3)-(5) to companies Subsectio ns (3)-(5) have effect in
relation to a matter concerning a company only to extent that the matter is not dealt with
by the Corporations Act 2001 of the Commonwealth.
Part 8 – Winding up and cancellation of incorporation

50 Voluntary winding up
(1) An incorporated association may be wound up voluntarily if the association so
resolves by special resolution.
(2) The voluntary winding up of an incorporated association is declared to be an applied
Corporations legislation matter fo r the purposes of Part 3 of the Corporations (Ancillary
Provisions) Act 2001 in relation to Parts 5.5 (Voluntar y winding up) and 5.6 (Winding up
generally) of the Corporations Act 2001 of the Commonwealth, subject to the following
modifications:
(a) the modifications refe rred to in section 52, and
(b) such other modifications (within the meaning of Part 3 of the Corporations
(Ancillary Provisions) Act 2001 ) as may be prescribed by the regulations.
51 Winding up by the Court
(1) The Court may order the winding up of an incorporated association if:
(a) the incorporated association has by special resolution resolved that it be
wound up by the Court,
(b) the incorporated association does not commence its operations within 1 year
after the date of its incor poration under this Act or su spends its operations for a
whole year,
(c) the incorporated association is unable to pay its debts,
(d) the incorporated association has trad ed or secured pecuniary gain for its
members,
(e) the incorporated association has, as tr ustee, traded or secured pecuniary gain
for members of the inco rporated association,
(f) the incorporated associ ation has engaged in activities inconsistent with its
statement of objects,
(g) the committee of the incorporated a ssociation has acted in affairs of the
association in the interests of the co mmittee or of members of the committee
rather than in accordance with the statemen t of objects of the association, or in
any other manner whatever that appears to the Court to be unfair or unjust to
members of the association,
(h) the Minister has by notice under s ection 56 directed the incorporated
association to become regist ered as a company under the Corporations Act 2001
of the Commonwealth or to become registered as a society under the Co-
operatives Act 1992 and the association has not beco me so registered within the
time fixed by, and in accordance with a ny conditions specified in, the notice,
(i) the incorporated association would, if not incorporated under this Act, not be

eligible to be so incorporated, or
(j) the Court is of the opinion that it is just and equitable that the incorporated
association be wound up.
(2) An application to the Court for the winding up of an incorporated association may be
made by the incorporated association or by a member or creditor of the incorporated
association or by the Director-General.
(3) The winding up of an incorporated associ ation (other than by a voluntary winding up)
by the Court in New South Wales is declared to be an applied Corporations legislation
matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in
relation to Part 5.7 (Winding up bodies other than companies) of the Corporations Act
2001 of the Commonwealth, subject to the following modifications:
(a) the modifications referred to in section 52,
(b) the provisions of the Part are to be r ead as if that Part extended to the winding
up of the affairs of an incorporated association in New South Wales,
(c) such other modifications (within the meaning of Part 3 of the Corporations
(Ancillary Provisions) Act 2001 ) as may be prescribed by the regulations.
52 Modifications to text of applied Corporations Act 2001 of the Commonwealth
The following modifications to the text of the Corporations Act 2001 of the Commonwealth
apply for the purposes of sections 50 (2) and 51 (3):

(a) a reference to a company or body is to be read as a reference to an incorporated
association,
(b) a reference to the directors of a company is to be read as a reference to the members
of the committee of an incorporated association,
(c) a reference to the secretary of a company is to be read as a reference to the public
officer of an incorporated association,
(d) a reference to ASIC is to be read as a reference to the Director-General,
(e) a reference to the principal place of business of a company is be read as a reference to
the address of the public officer of an incorporated association last notified under this Act
to the Director-General.
53 Distribution of surplus property
(1) In this section, a reference to the surplus property of an incorporated association is a
reference to that property of the association remaining after satisfaction of the debts and
liabilities of the association and the costs, charges and expenses of the winding up of the
association.
(2) In a winding up of an incorporated associ ation, the surplus property of the association
is to be distributed in accordance with a special resolution of the association.
(2A) Any such distribution of surplus property:
(a) must be approved by the Director-General, and
(b) is not to be made to any member or former member of the association, or to
any person to be held on trust for an y member or former member of the
association, unless the member or former member is an association (whether
incorporated or unincorporated) that, at the time of the distribution, has rules
preventing the distribution of property to its members, and
(c) is subject to any trust affecti ng that property or any part of it.
(2B) Surplus property or any part of it that consists of property supplied by a government
department or public authority, including a ny unexpended portion of a grant, must be
returned to the department or authority th at supplied it or to a body nominated by the
department or authority.
(3) A person aggrieved by the operation of this section in relation to the surplus property
of an incorporated association may apply to the Court which may make such orders as to
the disposal of the surplus propert y as to the Court appears just.

54 Cancellation of incorporation
(1) Where the Director-General has reasonable cause to believe that an incorporated
association:
(a) is not in operation,
(b) is engaged in trading or securi ng pecuniary gain for its members,
(c) is, as trustee, engaged in trading or securing pecuniary gain for members of the
association,
(d) was incorporated under this Act by reason of fraud or mistake,
(e) has not during the preceding period of 3 years convened an annual general
meeting in accordance with section 26, or
(f) is required to be insured in accordan ce with section 44 and is not so insured,
the Director-General may send by registered post addressed to the association at the
address of the public officer of the association last notified under this Act to the Director-
General or (where there is a vacancy in the office of public officer) at the address which
appears from the Director-General’s records to be the address of the association, and
publish in a newspaper circulating generally in the State, a notice stating the ground or
grounds for the proposed cancellation of the in corporation of the association and stating
that, if a reply showing cause to the contrary is not received within 2 months after the
date on which the notice is sent or published, whichever is the later, the incorporation of
the association will be cancelled by notice published in the Gazette.
(2) Unless:
(a) the Director-General is satisfied that within 2 months after the date of sending
or publishing a notice under subsection (1), whichever is the later, cause has been
shown to the effect that the incorporated association:
(i) is in operation,
(ii) is not and has not been engaged in trading or securing pecuniary gain
for its members,
(iii) is not and has not been, as trustee, engaged in trading or securing
pecuniary gain for members of the incorporated association,
(iv) was not incorporated by reason of fraud or mistake,
(v) has during the preceding period of 3 years convened an annual general
meeting in accordance with section 26, or
(vi) is insured in accordance with section 44,
as the case may require, or
(b) the Court on the application of an aggrieved person otherwise orde
rs,
the Director-General may, by notice published in the Gazette, cancel the incorporation of
the association.
(2A) The Director-General may, by notice published in the Gazette, cancel the
incorporation of an associati on that fails to apply for approval to change its name in
accordance with a direction refe rred to in section 14 (1A).
(3) Where the Director-General cancels the in corporation of an incorporated association
under subsection (2) or (2A), the Director-Gener al shall send to the public officer of the
association at the address of th e public officer last notified un der this Act to the Director-
General or (where there is a vacancy in the office of public officer) to a member of the
committee of the association at the address which appears from the Director-General’s
records to be the address of the associat ion a notice in an approved form of the
cancellation.
(4) If the Director-General is satisfied th at the incorporation of an incorporated
association was cancelled as the result of an error on the part of the Director-General, the
Director-General may reinstat e the incorporation of the association, and thereupon the
association shall be deemed to have continued in existence as if its incorporation had not
been cancelled.

(5) Notwithstanding the cancellation of the incorporation of an association, any liability
of the public officer and of each officer a nd member of the incorporated association
continues and may be enforced as if the in corporation of the association had not been
cancelled.
(6) Where, before the Director-General cancels the incorporation of an association under
subsection (2) or (2A), the incorporated association has commenced to be wound up
under section 50 or 51:
(a) the Director-General may cancel the incorporation notwithstanding the
commencement of the winding up, and
(b) the cancellation of the incorpor ation does not affect the winding up.
55 Vesting of property after cancellation of incorporation
(1) Where the incorporation of an incorporat ed association (not being an incorporated
association the winding up of which commenced before the cancellation) is cancelled
under section 54:
(a) the property of the association vests in the Director-General, and
(b) subject to subsection (3), the Director-General may give such directions as the
Director-General deems just for or with respect to the payment of the debts and
liabilities of the association, the distribu tion of its property and the winding up of
its affairs and:
(i) may appoint a person for the purpose of investigating the affairs of the
association with a view to the realisation of its property, payment of its
debts, discharge of its liabilities, distribution of its property and winding
up of its affairs, and
(ii) may do all such other acts and things as are reasonably necessary to be
done for the purpose of the exercise of the Director-General’s powers
under this section.
(2) The Director-General is entitled to be pa id out of the property of an incorporated
association the reasonable costs incurred by th e Director-General in the exercise of the
Director-General’s powers under this s ection in relation to the association.
(3) Section 53 applies to and in respect of the vesting under this section of property of an
incorporated association remain ing after satisfaction of the debts and liabilities of the
association and the payment of any amount under subsection (2) in the same way as that
section applies to and in resp ect of the vesting of that property in a winding up of an
incorporated association.
55A Voluntary cancellation of incorporation
(1) An incorporated association may apply to the Director-General, in a form approved
by the Director-General, to have the incor poration of the association cancelled by the
Director-General.
(2) Any such application must:
(a) be approved by a special resolution of the incorporated association, and
(b) be accompanied by a statement indi cating the manner in which any surplus
property of the association is to be distributed in accordan ce with section 55B,
and
(c) be accompanied by a statement (verified by statutory declaration by 2
members of the committee of the association) that the association is able to pay or
meet the association’s debts and liabilities (if any).
(3) The Director-General may, by noti ce published in the Gazette, cancel the
incorporation of the asso ciation if the Director-General is satisfied:
(a) that the application is in accordance with subsection (2), and
(b) that the association is able to pay or meet its debts and liabilities, and
(c) all the requirements of this Act in respect of the association have been met.
(4) Any such cancellation takes effect on the date of the publication of the relevant notice

in the Gazette or such later date as may be specified in the notice.
(5) If the Director-General is satisfied th at the incorporation of an incorporated
association was cancelled under this section:
(a) as the result of any error by the Direct or-General or in the application by the
association, or
(b) as a result of any fraud by a member of the association or in order to avoid any
liability resulting from an event which ar ose during the time when the association
was incorporated,
the Director-General may reinstate the in corporation of the association and the
association is taken to have continued in existence as if its incorporation had not been
cancelled.
(6) Despite the cancellation of the incorporati on of an association under this section, any
liability of the public officer and of each officer and member of the incorporated
association continues and may be enforced as if the incorporation of the association had
not been cancelled.
(7) If, before the Director-General cancels th e incorporation of an association under this
section, the incorporated association has commenced to be wound up under section 50 or
51:
(a) the Director-General may cancel the incorporation despite the commencement
of the winding up, and
(b) the cancellation of the incorpor ation does not affect the winding up.
55B Distribution of surplus property on voluntary cancellation of incorporation
(1) On the cancellation of the incorporation of an incorporated association under section
55A, the surplus property of the association (being property of the association remaining
after satisfaction of the debts and liabilities of the association) is to be distributed in
accordance with a special reso lution of the association.
(2) Any such distribution of surplus property:
(a) must be approved by the Director-General, and
(b) is not to be made to any member or former member of the association, or to
any person to be held on trust for an y member or former member of the
association, unless the member or former member is an association (whether
incorporated or unincorporated) that, at the time of the distribution, has rules
preventing the distribution of property to its members, and
(c) is subject to any trust affecti ng that property or any part of it.
(3) Surplus property or any part of it that consists of property supplied by a government
department or public authority, including a ny unexpended portion of a grant, must be
returned to the department or authority th at supplied it or to a body nominated by the
department or authority.
(4) A person aggrieved by the operation of this section in relation to the surplus property
of an incorporated association may apply to the Court which may make such orders as to
the disposal of the surplus prope rty as the Court thinks proper.
56 Registration of incorporated associ ation as company or co-operative
(1) An incorporated association may, with the approval of the Minister and subject to
such conditions as may be specified in the approval, become:
(a) registered as a company under the Corporations Act 2001 of the
Commonwealth, or
(b) registered as a co-operative within the meaning of the Co-operatives Act 1992,
in the manner prescribed.
(2) Where the Minister is satisfied that th e continued incorporation of an association
under this Act would be inappr opriate or inconvenient:
(a) by reason of the Minister’s assessment of:
(i) the scale or nature of the activities of the incorporated association,

(ii) the value or nature of the property of the incorporated association, or
(iii) the extent or nature of the dealings which th e incorporated association
has with the public, or
(b) for any other reason which to the Minister appears sufficient,
the Minister may, by notice to the incorporat ed association, direct the association to
become:
(c) registered as a company under the Corporations Act 2001 of the
Commonwealth, or
(d) registered as a co-operative within the meaning of the Co-operatives Act 1992,
within the period (being not le ss than 3 months), and subject to any conditions, specified
in the notice.
57 Effect of transfer of incorporation
(1) In this section, a reference to a transf er of incorporation by an incorporated
association is a reference to:
(a) the registration of the asso ciation as a company under the Corporations Act
2001 of the Commonwealth, or
(b) the registration of the association as a co-operative within the meaning of the
Co-operatives Act 1992 .
(2) Subject to this sectio n, upon a transfer of incorporation by an incorporated
association:
(a) the incorporated association shall be dissolved and none of the provisions of
this Act shall, after the tr ansfer of incorporation apply to the association, and
(b) the Director-General shall cancel the incorporati on of the association under
this Act.
(3) The transfer of incorpor ation by an incorporated asso ciation does not affect the
identity of the association which shall be d eemed to be the same body before and after the
transfer of incorporation and no act, matter or thing shall be affected or abated by the
transfer of incorporation and, in particul ar, any claim by or against the association
subsisting immediately before the transfer of incorporation may be continued by or
against the company or society formed by the tr ansfer of incorporation in the name of the
incorporated association or commenced by or against the company or society so formed
in the name of the company or society.
(4) Without limiting the generality of subsection (3), nothing in subsection (2):
(a) affects any right, privilege, obligation or liability acquired or incurred under
this Act,
(b) affects any penalty, forfeiture or punish ment incurred in respect of any offence
committed against this Act, or
(c) affects any investigation, legal proceed ing or remedy in respect of any such
right, privilege, obligatio n, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if subsection
(2) had not been enacted.
(5) This section has effect in relation to a matter concerning an incorporated association
that is registered as a company under the Corporations Act 2001 of the Commonwealth
only to extent that the matter is not dealt with by that Act.
57A Effect of incorporation as an Aboriginal association
If an association is incorporated as an Aborig inal association under the Aboriginal Councils and
Associations Act 1976 of the Commonwealth, the Director-Gen eral must cancel the incorporation
of the association under this Act.

58 Appeal
A person aggrieved by any act, omission or decision of a liquidator or provisional liquidator of

an incorporated association may appeal to the Court in respect of the act, omission or decision,
and the Court may confirm, reverse or modify th e act or decision, or remedy the omission, as the
case may be, and make such orders and give such directions as the Court thinks fit.

Part 9 – Miscellaneous

59 Register
(1) The Director-General shall keep a register for the purposes of this Act in such form
and containing such particulars as the Director-General thinks fit.
(2) The Director-General shall keep a copy of a certificate of incorporation granted under
section 10, 14, 47 or 48 and a reference in th is section to a document lodged with the
Director-General includes a reference to such a copy.
(3) A person may, upon payment of the prescribed fee:
(a) inspect any document lodged with the Director-General, not being a document
that has been destroyed or otherwise disposed of, or
(b) require a copy of, or extract from, any document that the person is entitled to
inspect pursuant to paragr aph (a) to be given, or given and certified, by the
Director-General.
(4) Where a reproduction or transparency of a document lodged with the Director-
General has been incorporated in the register kept under subsection (1), a reference in
subsection (3) (a) to inspection of a document so lodged shall be read and construed as a
reference to inspection of the reproduction or transparency.
(5) (Repealed)
(6) The Director-General may, if in the opinion of the Director-General it is no longer
necessary or desirabl e to retain it, destroy or dispose of:
(a) any document lodged or registered in respect of an incorporated association
that has been dissolved or has ceased to be registered for not less than 10 years, or
(b) any document a transparency of which has been incorporated in the register
kept under subsection (1), or
(c) any document an electronic reproducti on of which has been incorporated in
the register kept under subsect ion (1) at least 3 months before the destruction or
disposal of the document.
60 Constructive notice
A person shall not be take n to have knowledge of:

(a) the statement of objects or the rules of an incorporated association or any of the
contents of the statement of objects or th e rules of an incorporated association,
(b) a document or the contents of a document, or
(c) any particulars,
by reason only:

(d) that the statement of objects, the rules, the document or the particulars has or have not
been lodged with the Director-General, or
(e) that the statement of object s, the rules, the document or the particulars is or are
referred to in any other document that ha s been lodged with the Director-General.
61 Compliance with rules and authority of public officer
An incorporated association or a guarantor of an obligation of an incorporated association may
not assert against a person dea ling with the association or with a person who has acquired rights
from the association the fact that:

(a) the rules of the association have not been complied with, or
(b) the public officer of the association whos e name was last notified to the Director-

General as the public officer is not the public officer,
unless the person:

(c) has actual knowledge of that fact, or
(d) ought to have knowledge of that fact by reason of the person’s connection or
relationship with the association.
62 Evidentiary provision
(1) A certificate of the Director-General to the effect:
(a) that, on a date specified in the certific ate, a specified association was, or was
not, an incorporated association,
(b) that, on a date specified in the certif icate, no incorporated association was
incorporated under this Ac t by a name so specified,
(c) that a requirement of this Act specified in the certificate:
(i) had or had not been complied with at a date or within a period so
specified, or
(ii) had been complied with at a date so specified but not before that date,
(d) that, on a date specified in the certific ate, a person so specified was, or was
not, the public officer of an incorporated association so specified, as appearing
from the Director-General’s records,
(e) that, on a date specified in the certificat e, the address of the public officer of a
specified incorporated association last notified under this Act to the Director-
General was the address specifi ed in the certificate, or
(f) that a copy of the statement of objects or the rules of, or trusts relating to, an
incorporated association specified in the ce rtificate is a true copy of that statement
or those rules or trusts as at a date so specified,
is prima facie evidence of the matter or matters so certified.
(2) A certificate of incorporation of an association granted under section 10, 14, 47 or 48
is conclusive evidence of the incorporation of the association under this Act on the date
specified in the certificate as the date of incorporation.
63 Service of documents
(1) A document may be served on an incorporated association:
(a) by addressing it to the association and leavin g it at, or by sending it by post to,
the address of the public officer of the a ssociation last notified under this Act to
the Director-General whether or not, at th e time the document is so left or sent,
there is a vacancy in the office of public officer of the association,
(b) by delivering a copy of the document pe rsonally to each of 2 members of the
committee of the association addr essed to the association, or
(c) in such manner as the Director-Gener al may in the special circumstances of
the case direct.
(2) The public officer or a member of the co mmittee of an incorporated association who
receives a document addressed to the associ ation shall, as soon as practicable after
receiving the document, bring it to the at tention of the committee of the association.
(3) Where a person who is not the public o fficer or a member of the committee of an
incorporated association:
(a) receives a document addressed to the association, and
(b) was within the period of 12 months before receiving the document the public
officer or a member of the committee of the association,
the person shall, as soon as practicable after receiving the document, bring it to the
attention of the committee of the association.
64 Payment of fees on lo dgment of documents
Where a fee is payable to the Director-General for or in respect of the lodging of a document
with the Director-General and the document is submitted for lodgment without payment of the

fee, the document shall be deemed not to have been lodged until the fee has been paid.

65 Powers of Director-General in relation to documents
(1) The Director-General may refuse to register or receive a document submitted to the
Director-General for lodgment under this Act or under section 11 of the Country
Women’s Association of New Sout h Wales Incorporation Act 1931 where the Director-
General is of the opini on that the document:
(a) contains matter contrary to law,
(b) contains matter that is false or misleading in a material particular,
(c) by reason of an omission or misd escription has not been duly completed,
(d) does not comply with the requirements of this Act or the Country Women’s
Association of New South Wa les Incorporation Act 1931 (as the case may require)
or with the requirements of the regulations made under the relevant Act, or
(e) contains an error, alteration or erasure.
(2) Where the Director-General refuses under subsection (1) to register or receive a
document, the Director-General may request that:
(a) the document be appropriately amended or completed and resubmitted,
(b) a fresh document be submitted in its place, or
(c) where the document has not been dul y completed, a supplementary document
in an approved form be lodged.
66 Trading etc by incorporated association
(1) An incorporated a ssociation shall not:
(a) trade,
(b) secure pecuniary gain for its members, or
(c) as trustee, trade or secure pecuniar y gain for members of the incorporated
association.
(2) Where an incorporated association c ontravenes subsection (1), any members and
officers of the association who by reason of the operation of section 70 are deemed to
have contravened that subsecti on also are jointly and severally liable to any creditor of
the association for all debts and liabilitie s incurred by the association in or in
consequence of the trading or the securing of pecuniary gain for members of the
association.
(3) The contravention by an incorporated asso ciation of subsection (1) does not affect the
validity of any transaction.
67 Production and inspection of records
(1) In this section, “records” includes:
(a) any document, register and other record of information, and
(b) invoices, receipts, orders for the payment of money, bills of exchange,
promissory notes, vouchers and other docum ents of prime entry and also includes
such working papers and other documents as are necessary to explain the methods
and calculations by which accounts are made up,
however compiled, recorded or stored.
(2) The powers of the Direct or-General under subsection (3 ), or the powers of an
authorised person under subsection (4), shall not be exercised except in circumstances
that relate to a matter that constitutes or may constitute:
(a) a contravention of, or failure to comp ly with, a provision of this Act or the
regulations, or
(b) an offence relating to an incorporat ed association that involves fraud or
dishonesty or concerns the manageme nt of affairs of the association.
(3) The Director-General may at any time, by notice in writing, give a direction to:
(a) an incorporated association, or
(b) a person who is or has been an officer of, or an agent, banker, solicitor, auditor

or other person acting in any capacity for or on behalf of, an incorporated
association (including an incorporated asso ciation that is in the course of being
wound up or has been dissolved),
requiring the production, at such time and place as are specified in the direction, of such
records relating to the affairs of th e association as are so specified.
(4) A person authorised by the Director-Gener al for the purpose may, at any reasonable
time, enter any premises or place in which th e Director-General or authorised person has
reasonable cause to believe the association is acting in furtherance of its purposes or in
which any records relating to the affairs of the association are kept, and may:
(a) require any person at that place or on those premises to furnish such
information as the authorised person may reasonably require,
(b) search that place or those premises, and
(c) inspect, take and retain possession of , and take copies of, any records found in
or upon that place or those premises rela ting to the affairs of the association.
(5) A person shall not assault, hinder, obstruc t or interfere with an authorised person in
the exercise of the powers conferred by subsection (4) on the authorised person.
(6) A person shall not:
(a) when required under subsection (3) to produce a record:
(i) refuse or neglect to produce the record, or
(ii) produce a record that contains information that to the person’s
knowledge is false or misleading in a ma terial particular unless the person
discloses that fact when producing the record, or
(b) when required under subsection (4) to furnish information:
(i) refuse or neglect to furnish the information, or
(ii) furnish information that to the person’s knowledge is false or
misleading in a material particular unless the person discloses that fact
when furnishing the information.
(7) It is a defence to any prosecution for refu sal or neglect to produce a record required to
be produced under subsection (3) if the person charged proves that the record has been
destroyed or disposed of in accordance with the provisions of this Act or the regulations.
(8) Any information furnished pursuant to a requirement made under subsection (4) (a)
shall not, if at the time of furnishing the information the person objected to doing so on
the ground that it might tend to incriminate the person, be admissible in evidence in any
prosecution against that person for any offence or in any proceedings relating to any
offence, other than an offence under subsection (5) or (6).
(9) An investigator appointed under section 18 of the Fair Trading Act 1987 is taken to
be a person authorised under subsection (4).
68 False or misleading statements
Where, in a document required by or for the purpose s of this Act or lodged with or submitted to
the Director-General or in a declaration made under this Act or in a document submitted to a
meeting of members of an inco rporated association, a person:

(a) makes or authorises the making of a stat ement that to the person’s knowledge is false
or misleading in any material particular, or
(b) omits or authorises the omission of any matter or thing without which the document is
to the person’s knowledge misleading in any material respect,
the person is guilty of an offence and liable to a penalty not exceeding 5 penalty units.

69 Offence of using certain names
Where a person or an association or other gr oup of persons, not being a body corporate or an
association incorporated under this or any other Act or under an Act or law in force in any other
place, uses a name or title of which the word “Incorporated” or any abbreviation or imitation

thereof forms part, or uses a name or title of which the abbreviation “Inc.” or any imitation
thereof forms part, the person, association or group and each member of the association or group
is guilty of an offence and liable to a penalty not exceeding 2 penalty units.

70 Offences by officers etc
(1) Where an incorporated association c ontravenes, whether by act or omission, any
provision of this Act or the regulations, the public officer of the association and each
member of the committee of the association shall be deemed to have contravened the
same provision unless that officer or member satisfies the court that:
(a) the association contravened the provision with out his or her knowledge,
(b) he or she was not in a position to in fluence the conduct of the association in
relation to its contravent ion of the provision, or
(c) he or she, being in such a position, used all due dilige nce to prevent the
contravention of the pr ovision by the association.
(2) An officer or a member of an incorporat ed association who aids, abets, counsels or
procures or by act or omission is in any way directly or indirectly knowingly concerned
in or party to the commission by the association of an offence against this Act or the
regulations shall be deemed to have committed that offence and is punishable
accordingly.
(3) A person may be proceeded against a nd convicted under a provision pursuant to
subsection (1) or (2) whether or not the in corporated association has been proceeded
against or convicted under that provision.
(4) Nothing in this section prejudices or affects any liability imposed by a provision of
this Act or the regulations on an incorporat ed association by which an offence against
that provision is actually committed.
71 Proceedings for offences
Proceedings for an offence against a provision of this Act or the regulations shall be disposed of
summarily before a Local Court.

72 Appeals from decisions of Director-General
A person aggrieved by the refusal of the Director-G eneral to incorporate an association or to
register or receive a document, or by any other act, omission or decision of the Director-General
(other than an act or decision of the Director-General that is declar ed by this Act to be conclusive
or final or is embodied in any document declared by this Act to be conclusive or final), may
within such period as may be prescribed by rules made under the Local Courts (Civil Claims) Act
1970, appeal to a Local Court, which may confirm, reverse or modify the refusal, act or decision,
or remedy the omission, as the case may be, and make such orders and give such directions in the
matter as the Local Court thinks fit.

72A Delegation by Director-General
(1) The Director-General may delegate any of the Director-General’s functions under this
Act, other than this power of delegation.
(2) Except in so far as the instrument of de legation otherwise provides, a person to whom
a function has been delegated under subsect ion (1) may authorise another person to
perform the function so delegated.
73 Regulations
(1) The Governor may make regulations, not in consistent with this Act, for or with
respect to any matter that by this Act is required or permitted to be prescribed or that is
necessary or convenient to be prescribed for carrying out or giving effect to this Act and,
in particular, for or with respect to:
(a) prescribing rules as m odel rules, being rules that make provision for the
several matters that are specified in Schedule 1, whether or not they make

provision for other matters, or
(b) the refunding of the whole or any part of a fee which has been paid to the
Director-General in respect of an applic ation under this Act which is withdrawn
or refused by the Director-General, or
(b1) the payment of additional fees for the late payment of any prescribed fee, or
(b2) the waiver of fees in whole or in part, or
(c) prescribing the books, documents and othe r records to be kept by incorporated
associations.
(2) A provision of a regulation may:
(a) apply generally or be limited in its application by reference to specified
exceptions or factors,
(b) apply differently according to diffe rent factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or
regulated by any specified person or body,
or may do any combination of those things.
(3) A regulation may impose a penalty not ex ceeding 2 penalty units for any offence
against the regulation.
74 Savings and transitional provisions
Schedule 3 has effect.

Schedule 1 Matters to be provided for in rules of an
incorporated association and in model rules

(Sections 11, 73)

1 Membership qualifications
The qualifications (if any) for membersh ip of the incorporated association.

2 Register of members
The register of members of the incorporated association.

3 Fees, subscriptions etc
The entrance fees, subscriptions and other am ounts (if any) to be paid by members of the
incorporated association.

4 Members’ liabilities
The liability (if any) of members of the inco rporated association to contribute towards the
payment of the debts and liabilities of the association or the costs, char ges and expenses of the
winding up of the association.

5 Disciplining of members
The procedure (if any) for the disciplining of me mbers and the mechanism (if any) for appeals by
members in respect of disciplinary action taken against them.

5A Internal disputes
The mechanism for the resolution of disputes be tween members (in their capacity as members)
and between members and the incorporated association.

6 Committee
The name, constitution, membership and powers of the committee or other body having the
management of the incorporated associat ion (in this paragraph referred to as “the committee”)

and:

(a) the election or appointment of members of the committee,
(b) the terms of office of members of the committee,
(c) the grounds on which, or reasons for whic h, the office of a member of the committee
shall become vacant,
(d) the filling of casual vacanci es occurring on the committee, and
(e) the quorum and procedure at meetings of the committee.
7 General meetings–calling of
The intervals between general m eetings of members of the incorporated association and the
manner of calling general meetings.

8 General meetings–procedure
The quorum and procedure at general meetings of members of the incorporated association and
whether members are entitled to vo te by proxy at general meetings.

9 General meetings–notices
The time within which, and the manner in which, notices of general meetings and notices of
motion are to be given, published or circulated.

10 Funds–source
The sources from which the funds of the incorpor ated association are to be or may be derived.

11 Funds–management
The manner in which the funds of the incorporated association are to be managed and, in
particular, the mode of drawing and signing cheq ues on behalf of the incorporated association.

12 Alteration of objects
The manner of altering the statement of objects of the incorporated association.

13 Rules
The manner of altering and rescinding the ru les and of making additional rules of the
incorporated association.

14 Common seal
Provision for the custody and use of the common seal of the incorporated association.

15 Custody of books etc
The custody of books, documents and securities of the incorporated association.

16 Inspection of books etc
The inspection by members of the incorporated association of books and documents of the
incorporated association.

Schedule 2 Provisions relating to property, liabilities, etc, of
incorporated associations

(Section 15)

1 Definitions
In this Schedule:

“assets” means any legal or equitable estate or interest (whether present or future and whether
vested or contingent) in real or personal property of any description (including money), and
includes securities, choses in action and documents.

“former association” , in relation to an incorp orated association, means:

(a) the association or other body which was incorporated under this Act to form the
incorporated association, or
(b) in the case of an amalgamated association incorporated under section 47–an
incorporated association which was a party to the amalgamation,
and includes any or all the members of the former association as members.

“instrument” means an instrument (other than this Ac t) which creates, modifies or extinguishes
rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and
includes any judgment, order and process of a court.

“liabilities” means liabilities, debts a nd obligations (whether pres ent or future and whether
vested or contingent).

2 Transfer of assets and liabilities etc
(1) On the incorporation of an associati on or other body under this Act, the following
provisions have effect:
(a) the assets of a former association of the incorporated association vest in the
incorporated association without the need for any conveyance, transfer,
assignment or assurance,
(b) the rights and liabilities of a former association of the incorporated association
become the rights and liabilities of the incorporated association,
(c) all proceedings relating to the asse ts, rights and liabilities of a former
association of the incorporated associat ion commenced before the incorporation
by or against the former association and pending immediately before the
incorporation are taken to be proceedings pending by or against the incorporated
association,
(d) any act, matter or thing done or omitte d to be done in relation to the assets,
rights and liabilities of a former associati on of the incorporated association before
the incorporation by, to or in respect of the former association is (to the extent to
which that act, matter or thing has any for ce or effect) taken to have been done or
omitted by, to or in respect of the incorporated association,
(e) a reference in an instrument or in any document of any kind to a former
association of the incorporated association is, subject to the regulations, to be read
as, or as including, a reference to the incorporated association.
(2) Assets which vest in an incorporated association by virtue of this clause are not to be
dealt with contrary to the pr ovisions of any trust affecting the assets immediately before
the incorporation of the associ ation or other body under this Act, being provisions as to
the purposes for which the assets ma y or are required to be applied.
(3) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual prov ision prohibiting, restricting or regulating
the assignment or transfer of a ssets, rights or liabilities, or
(c) as giving rise to any remedy by a part y to an instrument, or as causing or
permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any asset, right or liability.

(4) The operation of this clause is not to be regarded as an event of default under any
contract or other agreement.
3-5 (Repealed)
6 Certificate evidence
(1) A certificate, in an approve d form and verified as prescribed, of the public officer of
an incorporated association to the effect that property specified in the certificate was,
immediately before the incorporation of the association under this Act, vested in a
specified former association of the incorporat ed association or was held by a person, in
trust or otherwise, for or on behalf of such a former association or for its objects, shall:
(a) in any action, suit or other proceeding, civil or criminal, be prima facie
evidence of the matters so certified, and
(b) be prima facie evidence of the matters so certified in favour of the Registrar-
General and any other person registering or certifying title to land or having the
power or duty to examine or receive evidence as to the title to land.
(2) A certificate of the Director-General in an approved fo rm to the effect that an
association or other body specified in the ce rtificate is a former association of an
incorporated association so specified is prima facie evidence of the matter so certified in
favour of:
(a) a person, or a person claiming thr ough or under a person, dealing with the
incorporated association to which the certificate relates in good faith and for
valuable consideration and without notice of any defect or error in the certificate,
and
(b) the Registrar-General and any other pe rson registering or certifying title to
land or having the power or duty to examine or receive evidence as to the title to
land.
7, 8 (Repealed)
9 Attornment not necessary
No attornment to an incorporated association by any lessee of land vested in the association by
reason of the operati on of this Schedule shall be necessary.

10 Stamp duty etc
(1) A document or an instrument ex ecuted or registered only for:
(a) a purpose ancillary to, or consequential on, the opera tion of this Schedule, or
(b) the purpose of giving effect to this Schedule,
shall not be liable to stamp duty, to duty under the Duties Act 1997 or to any fee or
charge payable under any Act for registration.
(2) A dutiable transaction within the meaning of the Duties Act 1997 that is not in writing
and that occurs only for:
(a) a purpose ancillary to, or consequential on, the opera tion of this Schedule, or
(b) the purpose of giving effect to this Schedule,
is not liable to duty under the Duties Act 1997.
Schedule 3 Savings and transitional provisions

(Section 74)

Part 1 – Savings and transitional regulations

1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings and transitional nature
consequent on the enactment of the Associations Incorporation (Amendment) Act 1992 .
(2) Any such provision may, if the regulations so provide, take effect from the date of

assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than
the date of its publication in the Gazette , the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existi ng before the date of its
publication, or
(b) to impose liabilities on any person (other than the State or an authority of the
State), in respect of anything done before the date of its publication.
Part 2 – Provisions consequent on the Associations Incorporation
(Amendment) Act 1992

2 Definition
In this Part:

“amending Act” means the Associations Incorporation (Amendment) Act 1992 .

3 Matters arising under Companies Code
Despite Schedule 1 (3) and (4) to the amending Act, the provisions of the Companies (New South
Wales) Code , as applied by this Act in relation to ma tters affecting associations, continue to
operate in relation to such matters that arose before, and are still current at, the commencement
of those amendments.

4 Prescribed insurers
On the commencement of Schedule 1 (13) to th e amending Act, any insurer prescribed for the
purposes of section 42 (b) of this Act (as in force immediately before that commencement) is
taken to be an insurer approved by the Minist er under section 42 (b) as amended by that
Schedule.

5 Appeals from decisions of Commissioner
The amendments to section 72 made by Schedul e 1 (18) to the amending Act apply only to
decisions of the Commissioner made afte r the commencement of those amendments.

6 Vesting of property and transfer of assets, liabilities etc on incorporation
The amendments to Schedule 2 made by Schedule 1 (22) of the amending Act apply to the
incorporation of an association or other body under this Act whether before or after the
commencement of those amendments.

Historical notes
The following abbreviations are us ed in the Historical notes:

Am amended No number Schs Schedules
Cl clause p page Sec section
Cll clauses pp pages Secs sections
Div Division Reg Regulation Subdiv Subdivision
Divs Divisions Regs
Regulation
s Subdivs Subdivision
s
GG Government
Gazette Rep repealed Subst substituted
Ins inserted Sch Schedule

Table of amending instruments Associations Incorporation Act 1984 No 143 . Assented to
4.12.1984. Date of commencement, 1.7.1985, sec 2 (2) and GG No 95 of 21.6.1985, p
2770. This Act has been amended as follows:
198
5 No
75 Associations Incorporat ion (Amendment) Act 1985 . Assented to 27.5.1985.
198
6 No
16 Statute Law (Miscellaneous Provisions) Act 1986 . Assented to 1.5.1986.
199
0 No
83 Corporations (New South Wales) Act 1990 . Assented to 7.12.1990. Date of
commencement, 1.1.1991, sec 2 and GG No 180 of 24.12.1990, p 11457.
199
2 No
4 Associations Incorporat ion (Amendment) Act 1992 . Assented to 17.3.1992. Date of
commencement, 1.8.1992, sec 2 and GG No 93 of 31.7.1992, p 5291.
No
18 Co-operatives Act 1992 . Assented to 14.5.1992. Date of commencement, 21.5.1993,
sec 2 and GG No 49 of 21.5.1993, p 2354.
No
34 Statute Law (Miscellaneous Provisions) Act 1992 . Assented to 18.5.1992. Date of
commencement of the provisions of Sch 2 relating to the Associations Incorporation Act
1984, 1.8.1992, Sch 2 and GG No 93 of 31.7.1992, p 5291.
No
11
1 Statute Law (Miscellaneous Provisions) Act (No 3) 1992. Assented to 8.12.1992. Date
of commencement of the provision of Sch 2 relating to the Associations Incorporation
Act 1984, 1.8.1992, Sch 2.
No
11
2 Statute Law (Penalties) Act 1992 . Assented to 8.12.1992. Date of commencement,
assent, sec 2.
199
3 No
46 Statute Law (Miscellaneous Provisions) Act 1993 . Assented to 15.6.1993. Date of
commencement of the provisions of Sch 1 relating to the Associations Incorporation Act
1984, assent, Sch 1.
199
4 No
95 Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date
of commencement of the provisi ons of Sch 1 relating to the Associations Incorporation
Act 1984, assent, Sch 1.
199
5 No
27 Evidence (Consequential and Other Provisions) Act 1995 . Assented to 19.6.1995. Date
of commencement, 1.9.1995, sec 2 and GG No 102 of 25.8.1995, p 4355.
199
6 No
30 Statute Law (Miscellaneous Provisions) Act 1996 . Assented to 21.6.1996. Date of
commencement of Sch 2, assent, sec 2 (1).
No
12
1 Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date
of commencement of Sch 2, assent, sec 2 (1); date of commencement of Sch 4.4, 4
months after assent, sec 2 (4).
No
13
9 Strata Schemes Management (Miscellaneous Amendments) Act 1996 . Assented to
16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p
4770.
199
7 No
11 Friendly Societies (New South Wales) Act 1997. Assented to 21.5.1997. Date of
commencement, 1.10.1997, sec 2 and GG No 104 of 26.9.1997, p 8179.
No
14
7 Statute Law (Miscellaneous Provisions) Act (No 2) 1997. Assented to 17.12.1997. Date
of commencement of Sch 1.1, assent, sec 2 (2).
199
8 No
11 Co-operative Housing and Starr-Bowkett Societies Act 1998 . Assented to 15.5.1998.
Date of commencement of Sch 6.2, 1.9.2000, sec 2 and GG No 112 of 1.9.2000, p 8633.
No
54 Statute Law (Miscellaneous Provisions) Act 1998 . Assented to 30.6.1998. Date of
commencement of Sch 1.1, assent, sec 2 (2).
No
12
0 Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date
of commencement of Sch 1.2, assent, sec 2 (2).
199 No Statute Law (Miscellaneous Provisions) Act 1999 . Assented to 7.7.1999. Date of

9 31 commencement of Sch 1.2, assent, sec 2 (2).
No
85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date
of commencement of Sch 1.1, assent, sec 2 (2).
200
1 No
34 Corporations (Consequential Amendments) Act 2001 . Assented to 28.6.2001. Date of
commencement of Sch 4.3, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285
of 13.7.2001.
No
56 Statute Law (Miscellaneous Provisions) Act 2001 . Assented to 17.7.2001. Date of
commencement of Sch 2.1, assent, sec 2 (2).
No
11
2 Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date
of commencement of Sch 2.2, assent, sec 2 (2 ); date of commencement of Sch 3, assent,
sec 2 (1).
No
12
1 Justices Legislation Repeal and Amendment Act 2001 . Assented to 19.12.2001. Date of
commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.
200
2 No
51 Police Service Amendment (NSW Police) Act 2002 . Assented to 4.7.2002. Date of
commencement of Sch 2.1, 7.2.2003, sec 2 (1) and GG No 39 of 7.2.2003, p 765.

200
4 No
55 Statute Law (Miscellaneous Provisions) Act 2004 . Assented to 6.7.2004. Date of
commencement of Sch 1.3, 10.9.2004, Sch 1.3 and GG No 143 of 10.9.2004, p 7446.

No
91 Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date
of commencement of Sch 1.3, assent, sec 2 (2).
200
5 No
6 Sheriff Act 2005 . Assented to 10.3.2005. Date of commencement of Sch 1.1, 1.7.2005,
sec 2 (1) and GG No 77 of 24.6.2005, p 2954.

Table of amendments
Sec 3 Am 1990 No 83, Sch 1; 1992 No 4, Sch 1 (1); 1994 No 95, Sch 1; 1996 No 3
0, Sch 2; 2001 No 56, Sch 2.1 [2] [3]; 2001 No 112, Sch 2.2.
Sec 3A Ins 2001 No 34, Sch 4.3 [1].
Sec 6 Am 1992 No 4, Sch 1 (3). Subst 2001 No 34, Sch 4.3 [2].
Sec 7 Am 1992 No 4, Sch 1 (3) (4); 1996 No 121, Sch 4.4; 1997 No 11, Sch 1.2
; 1998 No 11,
Sch 6.2 [1]; 2001 No 34, Sch 4.3 [3].
Sec 9 Am 1992 No 4, Sch 1 (5).
Sec 12 Am 1992 No 4, Sch 1 (6); 1992 No 112, Sch 1.
Sec 13 Am 1993 No 46, Sch 1.
Sec 14 Am 2002 No 51, Sch 2.1 [1]; 2005 No 6, Sch 1.1 [1] [2].
Sec 19 Am 1997 No 147, Sch 1.1 [1].
Sec 20 Am 1992 No 4, Sch 1 (7); 1992 No 112, Sch 1.
Sec 21 Am 1992 No 4, Sch 1 (8).
Sec 21A Ins 1992 No 4, Sch 1 (9). Am 2001 No 112, Sch 3.1.
Secs 23,
25 Am 1992 No 112, Sch 1.
Sec 26 Am 1992 No 4, Sch 1 (10); 1992 No 112, Sch 1.
Sec 27 Am 1992 No 4, Sch 1 (11); 1992 No 112, Sch 1; 1994 No 95, Sch 1; 1998 No
54, Sch
1.1.
Sec 28 Subst 1992 No 4, Sch 1 (12).
Sec 38 Am 1992 No 112, Sch 1.
Sec 42 Subst 1985 No 75, Sch 1 (1). Am 1992 No 4, Sch 1 (13); 1996 No 139, Sch 2.1.
Sec 43 Am 1992 No 112, Sch 1.
Sec 44 Subst 1985 No 75, Sch 1 (2). Am 1992 No 112, Sch 1.
Sec 45 Subst 1985 No 75, Sch 1 (2).
Sec 48 Am 1992 No 4, Sch 1 (3) (14); 1992 No 18, Sch 7; 2001 No 34, Sch 4.3 [
4].
Sec 49 Am 1992 No 4, Sch 1 (3); 1992 No 18, Sch 7; 1996 No 121, Sch 2.1. Subst
2001 No

34, Sch 4.3 [5].
Sec 50 Am 1992 No 4, Sch 1 (3); 2001 No 34, Sch 4.3 [6].
Sec 51 Am 1992 No 4, Sch 1 (3); 1998 No 11, Sch 6.2 [2]; 2001 No 34, Sch 4.3 [7] [8].
Sec 52 Am 1992 No 4, Sch 1 (3) (4). Subst 2001 No 34, Sch 4.3 [9].
Sec 53 Am 1992 No 4, Sch 1 (15); 1997 No 147, Sch 1.1 [2].
Sec 54 Am 1986 No 16, Sch 3; 1997 No 147, Sch 1.1 [3]; 2002 No 51, Sch 2.1 [2] [3].
Sec 55 Am 1992 No 34, Sch 2.
Sec 55A Ins 1992 No 4, Sch 1 (16).
Sec 55B Ins 1992 No 4, Sch 1 (16). Am 1997 No 147, Sch 1.1 [4].
Sec 56 Am 1992 No 4, Sch 1 (3); 1992 No 18, Sch 7; 2001 No 34, Sch 4.3 [10].
Sec 57 Am 1992 No 4, Sch 1 (3); 1992 No 18, Sch 7; 2001 No 34, Sch 4.3 [11] [12
].
Sec 57A Ins 1997 No 147, Sch 1.1 [5].
Sec 59 Am 1995 No 27, Sch 1; 2004 No 91, Sch 1.3.
Sec 63 Am 1992 No 112, Sch 1.
Sec 65 Am 1992 No 34, Sch 2; 2004 No 55, Sch 1.3 [1] [2].
Sec 66 Am 1992 No 112, Sch 1.
Sec 67 Am 1992 No 112, Sch 1; 1998 No 120, Sch 1.2.
Secs 68,
69 Am 1992 No 112, Sch 1.
Sec 71 Am 1992 No 4, Sch 1 (17); 2001 No 121, Sch 2.19.
Sec 72 Am 1992 No 4, Sch 1 (18).
Sec 72A Ins 1990 No 83, Sch 1. Am 2001 No 56, Sch 2.1 [4].
Sec 73 Am 1992 No 4, Sch 1 (19); 1992 No 112, Sch 1; 1999 No 31, Sch 1.2.
Sec 74 Ins 1992 No 4, Sch 1 (20).
Sch 1 Am 1992 No 4, Sch 1 (21).
Sch 2 Am 1992 No 4, Sch 1 (22); 1992 No 111, Sch 2; 1999 No 85, Sch 1.1 [1] [2
].
Sch 3 Ins 1992 No 4, Sch 1 (23).
The
whole
Act Am 1990 No 83, Sch 1 (“Commission” and “Commission’s” omitted wherever
occurring, “Managing Director” and “Managi ng Director’s” inserted instead); 1992 No
4, Sch 1 (2) (“Managing Director” and “Managing Director’s” omitted wherever
occurring, “Commissioner” and “Commissioner’ s” inserted instead); 1994 No 95, Sch 1
(“the prescribed form” omitted wherever occurring, “an approved form” inserted
instead).
The
whole
Act
(except
sec 3
and Sch
3) Am 2001 No 56, Sch 2.1 [1] (“Commissioner” and “Commissioner’s” omitted wherever
occurring, “Director-General” and “Director-General’s” insert ed instead respectively).

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