Tasmania – Associations Incorporation Act

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[Bill 3]-I TASMANIA
__________
ASSOCIATIONS INCORPORATION AMENDMENT
BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Sections 25C, 25D, 25E and 25F inserted
25C. Voluntary transfer of incorporation
25D. Notice to Commissioner
25E. Effect of transfer of incorporation
25F. Duty and other charges not payable

2

[Bill 3] 3
ASSOCIATIONS INCORPORATION AMENDMENT
BILL 2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Associations Incorporation Act 1964
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:

1. Short title
This Act may be cited as the Associations
Incorporation Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Associations Incorporation Act
1964* is referred to as the Principal Act.

*No. 64 of 1964

Associations Incorporation Amendment Act 2006

Act No. of
s. 4

4 4. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended by
inserting after the definition of “model rules” the
following definition:
“prescribed body corporate” means –
(a) a company within the meaning of
the Corporations Act that is taken
to be registered in Tasmania; or
(b) a cooperative under the
Cooperatives Act 1999; or
(c) any body corporate that is
registered, incorporated or
otherwise established under a law
applying in Tasmania or in any
place outside Tasmania and that
is prescribed for the purposes of
this definition;
5. Sections 25C, 25D, 25E and 25F inserted
After section 25B of the Principal Act, the
following sections are inserted:
25C. Voluntary transfer of incorporation
(1) An incorporated association may apply to
the Commissioner, in a form approved by
the Commissioner, to become, and may
become, registered or incorporated as a
prescribed body corporate.

Associations Incorporation Amendment Act 2006
Act No. of

s. 5

5 (2) Before an incorporated association can
apply to become registered or
incorporated as a prescribed body
corporate –
(a) the proposal to become registered
or incorporated as a prescribed
body corporate must have been
approved by a special resolution
of the incorporated association;
and
(b) the special resolution must have
been registered by the
Commissioner under section 23.
(3) The Commissioner must approve an
application made under subsection (1) if
satisfied that subsection (2) has been
complied with.
25D. Notice to Commissioner
An incorporated association must notify
the Commissioner in writing of its
transfer of incorporation within 14 days
after it is registered or incorporated as a
prescribed body corporate.
Penalty: Fine not exceeding 10 penalty
units.
25E. Effect of transfer of incorporation
(1) In this section, a reference to a transfer of
incorporation by an incorporated
association is a reference to the

Associations Incorporation Amendment Act 2006

Act No. of
s. 5

6 registration or incorporation of the
incorporated association as a prescribed
body corporate.
(2) Subject to this section, on a transfer of
incorporation by an incorporated
association, the incorporated association
ceases to be incorporated under this Act.
(3) The transfer of incorporation by an
incorporated association does not affect
the identity of the association, which is to
be taken to be the same body before and
after the transfer of incorporation, and no
act, matter or thing is to be affected or
abated by the transfer of incorporation
and, in particular, any claim by or against
the incorporated association subsisting
immediately before the transfer of
incorporation may be continued by or
against the prescribed body corporate,
formed by the transfer of incorporation,
in the name of the incorporated
association or commenced by or against
the prescribed body corporate, so formed,
in the name of the prescribed body
corporate.
(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; or

Associations Incorporation Amendment Act 2006
Act No. of

s. 5

7 (b) affects any penalty, forfeiture or
punishment incurred in respect of
any offence committed against
this Act; or
(c) affects any investigation, legal
proceeding or remedy in respect
of any such right, privilege,
obligation, 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.
25F. Duty and other charges not payable
A duty, tax, fee or charge which is
otherwise payable under a law relating to
the transfer of assets is not payable in
respect of the transfer of any asset of an
incorporated association from the name
of that association to the name of the
prescribed body corporate into which the
association is transformed under the
provisions of this Act. Government Printer, Tasman ia