Associations Incorporation (Prescribed Particulars) Regulations 2001
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Associations Incorporation (Prescribed Particulars)
Regulations 2001
S.R. No. 69/2001
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Principal Regulations 2
5. Amendment of objectives 2
6. New Part 1A inserted 2
PART 1A—PARTICULARS 2
5A. Particulars for application for incorporation 2
5B. Particulars of certificate of incorporation 2
5C. Particulars for application for incorporation by company,
co-operative, society etc. 3
5D. Particulars for application for change of name 4
5E. Particulars for appointment of public officer 5
5F. Particulars for annual statement by public officer 5
5G. Particulars for notice of special resolutions approving
amalgamation of incorporated associations 6
5H. Particulars for application for incorporation as an
amalgamated incorporated association 7
7. Accounting standards 7
8. Revocation of regulation 15 8
9. New Table of prescribed forms 8
10. Substitution of regulation 27 8
27. Inspection of prescribed documents 8
11. Prescribed particulars for penalty notice 9
12. Substitution of Schedule 1 9
13. Revocation of fee for application to bring land under the
Transfer of Land Act 1958 9
14. Revocation of Forms 10
15. Form 3—Application for recording in the register 10
16. Form 5—Form of caveat 11
17. Renumbering of prescribed forms 12
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Regulation Page
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18. Prescribed offences 12
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ENDNOTES 13
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1
STATUTORY RULES 2001
S.R. No. 69/2001
Associations Incorporation Act 1981
Associations Incorporation (Prescribed Particulars)
Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 17 July 2001
Responsible Minister:
MARSHA THOMSON
Minister for Consumer Affairs
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Associations Incorporation Regulations 1998 to—
(a) prescribe certain particulars; and
(b) make other miscellaneous amendments.
2. Authorising provision
These Regulations are made under section 54 of
the Associations Incorporation Act 1981.
3. Commencement
These Regulations come into operation on 30 July
2001.
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4. Principal Regulations
In these Regulations, the Associations
Incorporation Regulations 1998 1 are called the
Principal Regulations.
5. Amendment of objectives
In regulation 1(d) of the Principal Regulations,
after "prescribe" insert "particulars and".
6. New Part 1A inserted
After regulation 5 of the Principal Regulations
insert
"PART 1A—PARTICULARS
5A. Particulars for application for
incorporation
For the purposes of section 5 of the Act, the
prescribed particulars are
(a) the registered address of the proposed
incorporated association;
(b) the name, address and contact
telephone number (if available) for the
public officer;
(c) the number of members at the time of
application;
(d) the estimated gross annual revenue of
the proposed incorporated association
in its first financial year;
(e) the value of the assets of the proposed
incorporated association at the time of
application.
5B. Particulars of certificate of incorporation
For the purposes of section 7 of the Act, the
prescribed particulars are
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(a) the name of the incorporated
association;
(b) the registration number of the
incorporated association;
(c) the date on which the association was
incorporated.
5C. Particulars for application for
incorporation by company, co-operative,
society etc.
For the purposes of section 10(3)(c) of the
Act, the prescribed particulars are
(a) the name of the company, co-operative,
society, association, institution or body
and if applicable, the Act or regulation
under which it was incorporated,
formed or registered;
(b) if the applicant company, co-operative,
society, association, institution or body
has a registration number or other
unique identifier, that number or
identifier;
(c) the registered address of the proposed
incorporated association;
(d) the number of members of the
company, co-operative, society,
association, institution or body at the
time of application;
(e) the gross annual revenue of the
company, co-operative, society,
association, institution or body in the
preceding financial year;
(f) the estimated gross annual revenue of
the company, co-operative, society,
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association, institution or body in the
current financial year;
(g) the value of the assets of the company,
co-operative, society, association,
institution or body at the time of
application;
(h) a statement by the director, secretary,
manager or other officer of the
applicant company, co-operative,
society, association, institution or body
declaring—
(i) that the application has been
approved or resolved in
accordance with section 10(1)(a)
of the Act; and
(ii) that the particulars contained in
the application are true; and
(iii) that the copies of the documents
accompanying the application are
true copies;
(i) the signature of the person who made
the statement referred to in
paragraph (h).
5D. Particulars for application for change of
name
For the purposes of section 13 of the Act, the
prescribed particulars are
(a) the name of the incorporated
association;
(b) the registration number of the
incorporated association;
(c) the proposed new name of the
incorporated association;
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(d) a statement made by the public officer
declaring that the special resolution for
the change of name was passed at a
general meeting of the incorporated
association;
(e) the date of the general meeting of the
incorporated association;
(f) the name and address of the public
officer;
(g) the signature of the public officer.
5E. Particulars for appointment of public
officer
For the purposes of section 28 of the Act, the
prescribed particulars are
(a) the name of the incorporated
association;
(b) the registration number of the
incorporated association;
(c) the telephone number of the public
officer (if available);
(d) the date of appointment of the public
officer;
(e) the signature of the public officer.
5F. Particulars for annual statement by public
officer
For the purposes of section 30(4)(a) of the
Act, the prescribed particulars are
(a) the name of the incorporated
association;
(b) the registration number of the
incorporated association;
(c) the date of the annual general meeting;
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(d) the financial year to which the
statement refers;
(e) the name and address of the public
officer;
(f) the number of members of the
incorporated association at the end of
the financial year;
(g) the signature of the public officer.
5G. Particulars for notice of special resolutions
approving amalgamation of incorporated
associations
For the purposes of the notice under
section 31(3)(c) of the Act, the prescribed
particulars are
(a) the name of the incorporated
association to which the notice relates;
(b) the registration number of the
incorporated association referred to in
paragraph (a);
(c) the date and place of the meeting where
the special resolutions were passed;
(d) a statement by the public officer
declaring that special resolutions were
passed at the meeting approving
(i) the terms of the amalgamation of
the incorporated associations; and
(ii) the statement of purposes of the
proposed amalgamated
incorporated association; and
(iii) the proposed rules of the proposed
amalgamated incorporated
association; and
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(e) the name of the incorporated
association to be formed by the
amalgamation;
(f) details of the terms of the
amalgamation of the incorporated
associations;
(g) the signature of the public officer.
5H. Particulars for application for
incorporation as an amalgamated
incorporated association
For the purposes of the application under
section 31(3)(d)(iii) of the Act, the
prescribed particulars are
(a) the names of the incorporated
associations to be amalgamated;
(b) the registration numbers of the
incorporated associations to be
amalgamated;
(c) the registered addresses of the
incorporated associations to be
amalgamated;
(d) the registered address of the
incorporated association to be formed
by the amalgamation;
(e) the signatures of all the public officers
of the incorporated associations to be
amalgamated.".
7. Accounting standards
In regulation 7 of the Principal Regulations, for
"jointly by the" substitute "by the Australian
Accounting Research Foundation on behalf of
The".
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8. Revocation of regulation 15
Regulation 15 of the Principal Regulations is
revoked.
9. New Table of prescribed forms
For the Table in regulation 26 of the Principal
Regulations substitute
"TABLE
Section
of the Act
Description of Form
Number of
Form in
Schedule 3
9(1) Application for
recording in the Register
12
9(7) Caveat against making of
recordings in the
Register/creation of folio
13
37D Inspector's notice to
produce documents,
attend before an
inspector and answer
questions
14
37E Acknowledgment of
consent to entry and
search
15
50B Penalty notice 16".
10. Substitution of regulation 27
For regulation 27 of the Principal Regulations
substitute—
"27. Inspection of prescribed documents
For the purposes of section 40(1)(b) of the
Act, the prescribed documents are those
documents lodged with the Registrar under
sections 4, 10(3), 13(3), 13A(2), 22(3),
28(1), 30(4), 31(3), 31AC and 33A(6) of the
Act.".
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11. Prescribed particulars for penalty notice
In regulation 28(3) of the Principal Regulations,
for "Form 15" substitute "clause 1 of Form 16".
12. Substitution of Schedule 1
For Schedule 1 to the Principal Regulations
substitute
"SCHEDULE 1
PREPARATION OF FINANCIAL STATEMENTS
BY PRESCRIBED ASSOCIATIONS—
AUSTRALIAN ACCOUNTING STANDARDS
Australian
Accounting
Standard
Number
Name of Australian
Accounting Standard Issued
AAS 1 Statement of
Financial
Performance
October 1999
AAS 4 Depreciation August 1997
AAS 5 Materiality September
1995
AAS 6 Accounting Policies March 1999
AAS 8 Events Occurring
After Reporting Date
October 1997
AAS 15 Revenue June 1998
AAS 17 Leases October 1998
AAS 28 Statement of Cash
Flows
October 1997
AAS 36 Statement of
Financial Position
October 1999
AAS 38 Revaluation of
Non-Current Assets
December
1999".
13. Revocation of fee for application to bring land under
the Transfer of Land Act 1958
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In Schedule 2 to the Principal Regulations, item 3
is revoked.
14. Revocation of Forms
In Schedule 3 to the Principal Regulations,
Forms 1, 2, 4, 6, 7, 8, 9, 10, 11 and 14 are
revoked.
15. Form 3—Application for recording in the register
In Schedule 3 to the Principal Regulations, for
Form 3 substitute
"FORM 12
Associations Incorporation Act 1981
Section 9(1)
APPLICATION FOR RECORDING IN THE
REGISTER
Lodged by:
Name:
Phone:
Address:
Reference:
Customer Code:
The incorporated association applies for a recording of
vesting of the land in it under section 8(1) of the
Associations Incorporation Act 1981. The registered
proprietor of the land has not executed an instrument as
directed by section 59 of the Transfer of Land Act 1958
giving effect to that vesting.
Land: (volume and folio reference)
Incorporated association: (full name and address
including postcode)
Registered proprietor: (full name)
Date:
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Signed by the applicant:
The common seal of (name of incorporated association)
was affixed, in accordance with the provisions of its rules,
in the presence of:".
16. Form 5—Form of caveat
In Schedule 3 to the Principal Regulations, for
Form 5 substitute
"FORM 13
Associations Incorporation Act 1981
Section 9(7)
CAVEAT AGAINST MAKING OF
RECORDINGS IN THE REGISTER/CREATION
OF FOLIO
Lodged by:
Name:
Phone:
Address:
Reference:
Customer Code:
* The caveator claims the estate or interest specified in
the land and forbids the making of recordings in the
Register under section 9(1) of the Associations
Incorporation Act 1981.
* The caveator claims the estate or interest specified in
the land and forbids the bringing of the land under the
operation of the Transfer of Land Act 1958.
Land: (volume and folio reference)
Caveator: (full name and address
including postcode)
Estate or interest claimed:
Address in Victoria for service of notice: (include
postcode)
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Date:
Signed: (caveator, legal practitioner or agent)
*delete if inapplicable.".
17. Renumbering of prescribed forms
In Schedule 3 to the Principal Regulations—
(a) in Form 12, for "FORM 12" substitute
"FORM 14";
(b) in Form 13, for "FORM 13" substitute
"FORM 15";
(c) in Form 15, for "FORM 15" substitute
"FORM 16".
18. Prescribed offences
In Schedule 4 to the Principal Regulations, in Part 2,
after item 3 insert
"3A 30(8) Failure by incorporated
association to comply with
the provisions of
section 30".
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ENDNOTES
1 Reg. 4: S.R. No. 103/1998.
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 7 and
Schedule 1
Australian Accounting
Standard AAS 1—Statement of
Financial Performance—issued
by the Australian Accounting
Research Foundation in
October 1999.
The whole
Australian Accounting
Standard AAS 4—
Depreciation—issued by the
Australian Accounting
Research Foundation in August
1997.
The whole
Australian Accounting
Standard AAS 5—
Materiality—issued by the
Australian Accounting
Research Foundation in
September 1995.
The whole
Australian Accounting
Standard AAS 6—Accounting
Policies—issued by the
Australian Accounting
Research Foundation in March
1999.
The whole
Endnotes
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ENDNOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Australian Accounting
Standard AAS 8—Events
Occurring After Reporting
Date—issued by the Australian
Accounting Research
Foundation in October 1997.
The whole
Australian Accounting
Standard AAS 15—Revenue—
issued by the Australian
Accounting Research
Foundation in June 1998.
The whole
Australian Accounting
Standard AAS 17—Leases—
issued by the Australian
Accounting Research
Foundation in October 1998.
The whole
Australian Accounting
Standard AAS 28—Statement
of Cash Flows—issued by the
Australian Accounting
Research Foundation in
October 1997.
The whole
Australian Accounting
Standard AAS 36—Statement
of Financial Position—issued
by the Australian Accounting
Research Foundation in
October 1999.
The whole
Australian Accounting
Standard AAS 38—
Revaluation of Non-Current
Assets—issued by the
Australian Accounting
Research Foundation in
December 1999.
The whole
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