Associations Incorporation Regulations 1998
i
Associations Incorporation Regulations 1998
S.R. No. 103/1998
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Commencement 2
3. Authorising provisions 2
4. Revocation 2
5. Definitions 2
PART 2—OPERATION 3
6. Change of name 3
7. Preparation of financial reports by prescribed associations 3
PART 3—TRANSFER OF INCORPORATION 4
8. Prescribed body corporate 4
PART 4—WINDING UP AND CANCELLATION 5
9. Security to be given by liquidator 5
10. Winding up generally 5
11. Voluntary winding up 6
12. Winding up on the certificate of the Registrar 6
PART 5—FEES 8
13. Application for incorporation 8
14. Application to the Registrar of Titles to make recordings in the
Register 8
15. Application to the Registrar of Titles to bring land under the
operation of the Transfer of Land Act 1958 8
16. Application for approval of change of name 8
17. Application for approval of alteration to statement of purposes or
rules 8
18. Lodgment of annual statement of public officer 8
19. Application for extension of time 8
20. Application for exemption from audit requirements 9
21. Application for amalgamation 9
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Regulation Page
ii
22. Lodgment of special resolution relating to distribution of assets
on voluntary winding up 9
23. Inspection 9
24. Copies of documents and entries in the Register 9
25. Duplicate certificate of incorporation 9
PART 6—FORMS 10
26. Forms 10
PART 7—MISCELLANEOUS 12
27. Inspection of prescribed documents 12
28. Penalty notices for prescribed offences 12
29. Model rules 13
30. Fines 13
31. Annexures 13
__________________
SCHEDULES 15
SCHEDULE 1—Preparation of financial statements by prescribed
associations—Australian Accounting Standards 15
SCHEDULE 2—Table of fees to be paid to the Registrar 16
SCHEDULE 3—Forms 18
Form 1—Application for incorporation/declaration 18
Form 2—Certificate of incorporation 20
Form 3—Application for recording in the register 21
Form 4—Application to bring land under the Transfer of Land Act
1958 22
Form 5—Form of caveat 24
Form 6—Application for incorporation by company/co-operative
society etc. 25
Form 7—Application for approval of change of name 26
Form 8—Appointment of public officer 27
Form 9—Annual statement by public officer 28
Form 10—Application for incorporation as an amalgamated
incorporated association 30
Form 11—Notice of special resolution approving amalgamation of
incorporated associations 32
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Form 12—Notice to produce documents, attend before an inspector
and answer questions 33
Form 13—Acknowledgment of consent to entry and search 34
Form 14—Supplementary document 35
Form 15—Penalty notice 36
SCHEDULE 4—Prescribed offences—provisions, descriptions and
penalties 38
SCHEDULE 5—Model rules for an incorporated association 40
APPENDIX 1—Application for membership of (name of the
association) 57
APPENDIX 2—Form of appointment of proxy for meeting of
association convened under rule 7(7) 58
APPENDIX 3—Form of appointment of proxy 59
APPENDIX 4—Schedule of fees 60
═══════════════
NOTES 61
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1
STATUTORY RULES 1998
S.R. No. 103/1998
Associations Incorporation Act 1981
Associations Incorporation Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 4 August 1998
Responsible Minister:
JAN WADE
Minister for Fair Trading
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are—
(a) to prescribe accounting requirements for
certain incorporated associations;
(b) to make provision for the winding up and
cancellation of certain incorporated
associations;
(c) to prescribe fees payable under the
Associations Incorporation Act 1981;
(d) to prescribe forms for the purposes of that
Act;
(e) to provide for model rules of incorporated
associations;
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(f) to prescribe maximum fines which can be
imposed by an incorporated association on
its members;
(g) to make provision for other matters that are
necessary or convenient for carrying out or
giving effect to the Act.
2. Commencement
These Regulations come into operation on
4 August 1998.
3. Authorising provisions
These Regulations are made under sections 5, 9,
10, 13, 30, 28, 30, 30B, 31, 31A, 36B, 36D, 37D,
37E, 40, 40A, 50B and 54 of the Associations
Incorporation Act 1981.
4. Revocation
The Associations Incorporation Regulations 19931
are revoked.
5. Definitions
In these Regulations—
"Act" means Associations Incorporation Act
1981;
"financial institution" has the same meaning as
in the Financial Institutions Duty Act
1982.
_______________
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PART 2—OPERATION
6. Change of name
For the purposes of section 13(3)(a) of the Act,
the prescribed period is one month.
7. Preparation of financial reports by prescribed
associations
A prescribed association must prepare its financial
statements in accordance with the Australian
Accounting Standards specified in Schedule 1
which have been issued jointly by the Institute of
Chartered Accountants in Australia and the
Australian Society of Certified Practising
Accountants.
_______________
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PART 3—TRANSFER OF INCORPORATION
8. Prescribed body corporate
For the purposes of section 31A(c) of the Act, the
Aboriginal Councils and Associations Act 1976 of
the Commonwealth is a prescribed law.
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PART 4—WINDING UP AND CANCELLATION
9. Security to be given by liquidator
For the purposes of section 36B(5) of the Act, the
security a liquidator must give is $50 000 in the
form of—
(a) cash;
(b) a cheque drawn on a financial institution;
(c) a certificate of deposit issued by a financial
institution;
(d) a debenture or security that is guaranteed by
the Government of a State or Territory or by
the Government of the Commonwealth; or
(e) a surety issued by a financial institution or a
body corporate authorised to carry on
insurance business under the Insurance Act
1973 of the Commonwealth.
10. Winding up generally
The prescribed modifications for the purposes of
section 36D(1) and (2) of the Act are that Parts
5.5, 5.6 and 5.7 of the Corporations Law apply as
if in those Parts—
(a) a reference to a company were a reference to
an incorporated association;
(b) a reference to a company carrying on
business or having a place of business were a
reference to the incorporated association
pursuing its objects;
(c) a reference to the Commission were a
reference to the Registrar;
(d) a reference to a document in the prescribed
form were a reference to a document in the
corresponding form prescribed under the
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Corporations Law with all necessary
modifications;
(e) a reference to the Court were a reference to
the Supreme Court;
(f) references to the lodgment of documents
were references to lodgment of those
documents with the Registrar;
(g) references to the Gazette were references to
the Government Gazette;
(h) a reference to a company's articles were a
reference to an incorporated associations'
rules;
(i) a reference to a special resolution were a
reference to a special resolution within the
meaning of the Act;
(j) a reference to an officer of a company were a
reference to a member of the committee of
an incorporated association and, where
applicable, a reference to a past officer is a
reference to a past member of the committee
of an incorporated association;
(k) a reference in sections 495, 542(1), 547 and
548 to a contributory of a company were a
reference to a member of the incorporated
association.
11. Voluntary winding up
In addition to the prescribed modifications under
regulation 10, for the purposes of section 36D(1)
of the Act, Part 5.6 of the Corporations Law
applies to the voluntary winding up of an
incorporated association as if sections 572, 573
and 574 were omitted.
12. Winding up on the certificate of the Registrar
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In addition to the prescribed modifications under
regulation 10, for the purposes of section 36D(1)
of the Act, Part 5.6 of the Corporations Law
applies to the winding up of an incorporated
association on the certificate of the Registrar as if
in that Part—
(a) section 513B were omitted;
(b) after paragraph (b) of section 532(1) there
were inserted—
"(c) a person appointed by the Registrar as a
liquidator of an incorporated
association.";
(c) paragraph (c) of section 532(2) were
omitted;
(d) in sub-section (3) of section 542, for
paragraphs (b) and (c) there were
substituted—
"(b) in the case of a winding up on the
certificate of the Registrar—as the
Registrar directs.";
(e) sections 572, 573 and 574 were omitted.
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PART 5—FEES
13. Application for incorporation
The fees prescribed for the purposes of sections 5
and 10 of the Act are the relevant fees set out in
Schedule 2.
14. Application to the Registrar of Titles to make
recordings in the Register
The fee prescribed for the purposes of section 9(2)
of the Act is the relevant fee set out in Schedule 2.
15. Application to the Registrar of Titles to bring land
under the operation of the Transfer of Land Act 1958
The fee prescribed for the purposes of section 9(4)
of the Act is the relevant fee set out in Schedule 2.
16. Application for approval of change of name
The fee prescribed for the purposes of section 13
of the Act is the relevant fee set out in Schedule 2.
17. Application for approval of alteration to statement of
purposes or rules
The fee prescribed for the purposes of section 22
of the Act is the relevant fee set out in Schedule 2.
18. Lodgment of annual statement of public officer
The fee prescribed for the purposes of section
30(4) of the Act is the relevant fee set out in
Schedule 2.
19. Application for extension of time
The fee prescribed for the purposes of section
30(5) of the Act is the relevant fee set out in
Schedule 2.
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20. Application for exemption from audit requirements
An application to the Registrar for an exemption
under section 30B(4) of the Act must be
accompanied by the relevant fee set out in
Schedule 2.
21. Application for amalgamation
The fee prescribed for the purposes of section
31(3) of the Act is the relevant fee set out in
Schedule 2.
22. Lodgment of special resolution relating to distribution
of assets on voluntary winding up
A notice of special resolution under section 33 of
the Act must be accompanied by the relevant fee
set out in Schedule 2.
23. Inspection
The fees prescribed for the purposes of section
40(1)(a) and (b) of the Act are the relevant fees set
out in Schedule 2.
24. Copies of documents and entries in the Register
(1) The fees prescribed for the purposes of section
40(1)(c) and (d) of the Act are the relevant fees set
out in Schedule 2.
(2) An application to obtain a computer copy of a
document kept by the Registrar must be
accompanied by the relevant fee set out in
Schedule 2.
25. Duplicate certificate of incorporation
The fee prescribed for the purposes of section 40A
of the Act is the relevant fee set out in Schedule 2.
_______________
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PART 6—FORMS
26. Forms
The forms prescribed for the purposes of the Act
are the forms described in the Table and set out in
Schedule 3.
TABLE
Section
of the Act
Description of Form
Number of
Form in
Schedule
5, 5(e) Application for incorporation
of association/declaration 1
7 Certificate of incorporation 2
9(1) Application for recording in
the Register 3
9(3) Application to bring land
under the Transfer of Land
Act 1958 4
9(7) Form of caveat 5
10(3) Application for incorporation
by company/co-operative
society etc. 6
10(4)(a) Certificate of incorporation 2
13(3) Application for approval of
change of name 7
28(1) Appointment of public officer 8
30(4) Annual statement by public
officer 9
31(3) Application for incorporation
as an amalgamated
incorporated association 10
31(3)(c) Notice of special resolution
approving amalgamation of
incorporated associations 11
31(4) Certificate of incorporation 2
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Section
of the Act
Description of Form
Number of
Form in
Schedule
37D Inspector's notice to produce
documents, attend before an
inspector and answer
questions 12
37E Acknowledgment of consent
to entry and search 13
46(h) Supplementary document 14
50B Penalty notice 15
_______________
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PART 7—MISCELLANEOUS
27. Inspection of prescribed documents
For the purposes of section 40(1)(b) of the Act,
the prescribed documents are Forms 1 to 11 and
Form 14 that are set out in Schedule 3, together
with any other documents required to be annexed
to the forms.
28. Penalty notices for prescribed offences
(1) For the purposes of section 50B of the Act, an
offence under section 50 of the Act, consisting of
a contravention of a provision specified in
Column 2 in Part 1 of Schedule 4 is a prescribed
offence.
(2) For the purposes of section 50B of the Act, an
offence committed under a provision of the Act
that is specified in Column 2 in Part 2 of
Schedule 4 is a prescribed offence.
(3) The particulars of a prescribed offence to be given
in a notice served on a person under section 50B
of the Act in relation to that offence are the
particulars set out in Form 15 in Schedule 3.
(4) For the purposes of section 50B of the Act, the
penalty specified in Column 4 in Part 1 of
Schedule 4, for an offence under section 50 of the
Act consisting of a contravention of the provision
specified in Column 2 in Part 1 opposite to the
penalty, is a prescribed penalty in respect of the
offence.
(5) For the purposes of section 50B of the Act, the
penalty specified in Column 4 in Part 2 of
Schedule 4, for an offence committed under a
provision of the Act specified in Column 2 in
Part 2 opposite to the penalty, is a prescribed
penalty in respect of the offence.
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(6) A description of an offence in Column 3 in Part 1
or Column 3 in Part 2 of Schedule 4, opposite a
provision specified in Column 2 in Part 1 or
Column 2 in Part 2, is for convenience of
reference only, and is not to be taken to affect the
nature or elements of the offence to which such a
description refers or the operation of these
Regulations.
29. Model rules
The rules set out in Schedule 5 are prescribed as
model rules for an incorporated association.
30. Fines
The committee of an incorporated association may
determine to impose on a member of the
association who has committed a breach of the
rules of the association a fine not exceeding $500,
payable to the incorporated association.
31. Annexures
(1) If the space provided for a particular purpose in a
form is insufficient to contain all the required
information in relation to a particular item, that
information must be set out in an annexure.
(2) An annexure to a form must have an identifying
mark and be endorsed with the words—
This is the annexure of pages marked
" " referred to in the (insert description of
form) signed by me and dated
Signature(s)
and signed by each person signing the form to
which the document is annexed.
(3) The pages in an annexure must be numbered
consecutively.
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(4) If a document, copy of a document, or other
matter is annexed to a form, reference made in the
form to the annexure must be by its identifying
mark, the number of pages in it, and a brief
description of the nature of the document and its
contents.
(5) A reference to an annexure includes a document,
copy of a document or any other matter
accompanying, attached or annexed to a form.
__________________
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SCHEDULES
SCHEDULE 1
PREPARATION OF FINANCIAL STATEMENTS BY
PRESCRIBED ASSOCIATIONS—AUSTRALIAN
ACCOUNTING STANDARDS
Australian Accounting
Standard Number
Name of Australian
Accounting Standard Issued/Re-issued
AAS 1 Profit and Loss or
Other Operating
Statements October 1995
AAS 4 Depreciation August 1997
AAS 5 Materiality October 1995
AAS 6 Accounting Policies October 1995
AAS 8 Events Occurring
After Reporting Date October 1997
AAS 10 Accounting for the
Revaluation of Non-
Current Assets June 1996
AAS 15 Disclosure of
Operating Revenue May 1986
AAS 17 Accounting for Leases June 1987
AAS 28 Statement of Cash
Flows October 1997
__________________
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SCHEDULE 2
TABLE OF FEES TO BE PAID TO THE REGISTRAR
Item
Section of
the Act Type of fee Amount $
1 5 Application for incorporation of
proposed association 60
2 9(2) Application to the Registrar of Titles
to make recordings in the Register in
relation to the vesting of land in an
incorporated association 85
3 9(4) Application to the Registrar of Titles
to bring vested land under the
operation of the Transfer of Land
Act 1958 60
4 10 Application to bring companies etc.
under the Act 60
5 13 Application for approval to change
the name of an incorporated
association 28
6 22 Application by an incorporated
association for approval to alter its
statement of purposes or its rules 30
7 30(4) Lodgment of annual statement by
public officer 33
8 30(5) Application for extension of time for
holding a general meeting or giving
an annual statement under section
30(4) 15
9 30B(4) Application for exemption from audit
requirements 30
10 31(3) Application by two or more
incorporated associations to be
incorporated as an amalgamated
incorporated association 60
11 33(3) Lodgment of notice of special
resolution relating to the distribution
of assets on voluntary winding up 30
Section of
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Item the Act Type of fee Amount $
12 40(1)(a) Inspection of the register
—for the first page
—for each additional page
(up to a maximum of)
5
2
35
13 40(1)(b) Inspection of prescribed documents
kept by the Registrar
—for the first page
—for each additional page
(up to a maximum of)
5
2
35
14 40(1)(c) Obtaining a certified copy of a
document kept by the Registrar—
—for the first page
—for each additional page
(up to a maximum of)
5
2
35
15 40(1)(d) Obtaining a copy of a document kept
by the Registrar—
—for the first page
—for each additional page
(up to a maximum of)
5
2
35
16 40A Obtaining a certified duplicate of a
certificate of incorporation 8
17 54 Obtaining a computer copy of a
document kept by the Registrar—
—Report of all associations
incorporated in past 12 months
—for each additional year
(up to a maximum of)
—for transfer of copies of documents
to computer storage disk, per disk
75
25
125
25
__________________
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SCHEDULE 3
FORMS
FORM 1
Associations Incorporation Act 1981
Sections 5, 5(e)
APPLICATION FOR INCORPORATION/DECLARATION
1. Registration No. A
2. I, of
(Name of applicant) (Address of applicant)
in accordance with section 4 of the Associations Incorporation Act
1981, have been authorised by a majority of members to make application
for the incorporation of an association, to be called—
Incorporated.
3. I am a resident of the State of Victoria and have attained the age of
18 years.
4. The place/s where the association—
(a) was formed is/are—
(b) is carried on, is/are—
(insert FULL address/es)
Signature of applicant Date / /
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STATUTORY DECLARATION
I, of
(Name of applicant) (Victorian address)
declare that—
1. I am authorised to apply for the incorporation of (insert name of
association) Incorporated in accordance with section 4 of the
Associations Incorporation Act 1981.
2. The particulars contained in the above application signed by me and
dated / / are true.
3. The copies of the proposed statement of purposes, rules, and of any
trusts, deeds and instruments signed by me for the purposes of
identification and accompanying the application are true copies of the
documents of which they purport to be copies.
I acknowledge that this declaration is true and correct and I make it in the
belief that a person making a false declaration is liable to the penalties for
perjury.
Declared at (place)
in the State of Victoria
on (date)
Before:
(Name and address in legible
writing, typing or stamp below signature)
a person authorised under section 107A of the
Evidence Act 1958 to witness the signing of a statutory
declaration.
__________________
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FORM 2
Associations Incorporation Act 1981
Section 7
CERTIFICATE OF INCORPORATION
This is to certify that
Incorporated
is on and from the day of
in the year
incorporated under the Associations Incorporation Act 1981.
Given under my hand at Melbourne, this
day of in the year
Registrar of Incorporated Associations
__________________
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FORM 3
Associations Incorporation Act 1981
Section 9(1)
APPLICATION FOR RECORDING IN THE REGISTER
To the Registrar of Titles
Incorporated (name and address of
incorporated association) apply for the making of any recording in the
Register in consequence of the vesting of the land under section 8(1) of the
Associations Incorporation Act 1981 and that it be (here state entry
required and give a description of the land, mortgage or etc. for example:
registered as proprietor of all that piece of land being (insert sufficient
description of the land)).
(address and occupation of
registered proprietor/s) who is/are* the registered proprietor/s* of the land
has/have* not executed an instrument as directed by section 59 of the
Transfer of Land Act 1958 giving effect to that vesting.
Dated
The common seal of (name of incorporated association) was
affixed, in accordance with the provisions of its rules,
in the presence of—
* strike out whichever is not applicable
__________________
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FORM 4
Associations Incorporation Act 1981
Section 9(3)
APPLICATION TO BRING LAND UNDER THE TRANSFER
OF LAND ACT 1958
To the Registrar of Titles
of (name and address of incorporated
association) (the Association), being entitled to apply under section 9(3) of
the Associations Incorporation Act 1981 ("the Act"), applies to have the
land described below brought under the operation of the Transfer of Land
Act 1958.
I (name and address of public officer) declare—
1. That the incorporated association has vested in it an estate in fee
simple in possession (or otherwise as the case may require) in all that
piece of land being (insert if applicable "part of") Crown allotment
section (or otherwise according to the Crown Grant) Parish County (if
the land is part only of that granted add "which land contains (insert
area) or thereabouts and is described in the document numbered in the
Schedule being the land coloured on Plan of Survey certified by a
Licensed Surveyor on").
2. That the land including all buildings and other thereon is of the value
of dollars and no more, based on .
3. That section 8(1) of the Act applies to the land.
4. That there are no documents or evidences of title affecting the land in
the applicant's possession or under the applicant's control other than
those included in the Schedule.
5. That I am not aware of any mortgage or encumbrance affecting the
land, or of any estate or interest therein, at law or in equity, in
possession, remainder, reversion, or expectancy (if there be any add
"other than as follows" and set them out).
6. That the land is occupied/unoccupied*. (If occupied, add by whom.
If not occupied by the applicant, add also the address of the occupant,
and the nature of the occupancy).
7. That the names and addresses so far as known to me of the occupants
of all land contiguous to the land are as follows—
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8. That the names and addresses so far as known to me of the owners of
all lands contiguous to the land are as follows—
I acknowledge that this declaration is true and correct and I make it in the
belief that a person making a false declaration is liable to the penalties for
perjury.
Declared at (place)
in the State of Victoria
on (date)
Before:
(Name and address in legible
writing, typing or stamp below signature)
a person authorised under
section 107A of the Evidence Act 1958
to witness the signing of a
statutory declaration
SCHEDULE
* strike out whichever is not applicable
__________________
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FORM 5
Associations Incorporation Act 1981
Section 9(7)
FORM OF CAVEAT
Caveat forbidding
* the making of recordings under section 9(1) of the Associations
Incorporation Act 1981.
* Land to be brought under the Transfer of Land Act 1958.
To the Registrar of Titles
I,
(name, address and occupation)
claim
(particularise the estate or interest claimed)
in the land described as
(copy description from the advertisement)
in the advertisement relating to the application of
(state applicant's name and address)
and I forbid * the making of recordings under section 9(1) of the Act.
* the bringing of land under the operation of the Transfer
of Land Act 1958.
I appoint
(insert address in Victoria)
as the place at which notices and proceedings may be served.
Dated
(Signature of caveator*/solicitor*/agent*)
* strike out whichever is not applicable
__________________
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FORM 6
Associations Incorporation Act 1981
Section 10(3)
APPLICATION FOR INCORPORATION BY
COMPANY/CO-OPERATIVE SOCIETY ETC.
1. Registration No. A
2. (Name of company/co-operative society etc.)
is/was*
incorporated/formed/registered* under the (insert name of Act or
Regulation)
and applies for incorporation under the Associations Incorporation Act
1981.
3. The name of the proposed incorporated association is—
Incorporated
4. The place/s where the association is, or is to be carried on is/are*
(insert FULL address/es)
5. The full name and full address in Victoria of the member who has
attained the age of 18 years and who is resident in Victoria nominated as
the first public officer is—
Name:
Address:
Signature: Date / /
6. The particulars in the documents accompanying this application and
signed by me for the purposes of identification are true and correct.
Signature: Date / /
Director/Secretary/Manager etc. of
(Name of company/co-operative society etc. as shown in item 2)
* strike out whichever is not applicable
__________________
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FORM 7
Associations Incorporation Act 1981
Section 13(3)
APPLICATION FOR APPROVAL OF CHANGE OF NAME
1. Registration No. A
2. Association Name:
Incorporated
3. I, of
(Name) (Address)
am the public officer of
(Name of association) Incorporated
4. I apply for your approval to the change of name of the above association
to—
Incorporated.
5. I declare that the special resolution for the change of name was passed at
a general meeting of the incorporated association held on the / / .
I acknowledge that this declaration is true and correct and I make it in the
belief that a person making a false declaration is liable to the penalties for
perjury.
Declared at (place)
in the State of Victoria
on (date)
Before:
(Name and address in legible
writing, typing or stamp below signature)
a person authorised under section 107A
of the Evidence Act 1958 to witness the signing
of a statutory declaration.
__________________
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FORM 8
Associations Incorporation Act 1981
Section 28(1)
APPOINTMENT OF PUBLIC OFFICER
1. Registration No. A
2. Association Name:
Incorporated
3. I,
(Name)
of
(Address)
am a resident of Victoria and have attained the age of 18 years. On
/ / I was APPOINTED public officer of the incorporated
association for the purposes of the Associations Incorporation Act
1981.
4. Signature of public officer:
Dated: / /
__________________
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FORM 9
Associations Incorporation Act 1981
Section 30(4)
ANNUAL STATEMENT BY PUBLIC OFFICER
1. Registration No. A
2. Association Name:
Incorporated
3. The annual general meeting of the incorporated association was held on
/ / for the financial year ending on the / / .
4. The income and expenditure of the incorporated association for the last
financial year were—
5. The assets and liabilities of the incorporated association at the end of
the last financial year were—
6. The mortgages, charges and securities affecting any of the property of
the incorporated association at the end of its last financial year were—
Description of
mortgage etc.
Description of
property
affected
Amount of
debt at end of
financial year
Name and address
of holder of
mortgage
7. In respect of each trust of which the incorporated association was
trustee during the whole or any part of the last financial year—
(a) the income and expenditure of each trust during that period
were—
(b) the assets and liabilities of each trust during that period were—
(c) the mortgages, charges and securities affecting the property of
each trust at the end of that period were—
8. The trusts (if any) held on behalf of the incorporated association by a
person or body other than the incorporated association, in which funds
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or assets of the incorporated association have been placed (and details
of those funds or assets) were—
9. Name of public officer Address of public officer
Signature of public officer
Dated / /
10. Certification by member of committee:
I, of
(Name of committee member) (address)
certify that I am a member of the committee of the incorporated
association and attended the annual general meeting of the association
held on the / / and any statements annexed to this form were
submitted to the members of the incorporated association at the annual
general meeting.
Signature Dated / /
__________________
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FORM 10
Associations Incorporation Act 1981
Section 31(3)
APPLICATION FOR INCORPORATION AS AN
AMALGAMATED INCORPORATED ASSOCIATION
1. Registration No. A
2. We are public officers of the respectively shown associations:
(insert names and addresses of public officers of amalgamating associations)
(a)
(Name) (Address)
of Incorporated
(Name of Association)
and
(b)
(Name) (Address)
of Incorporated
(Name of Association)
and
(c)
(Name) (Address)
of Incorporated
(Name of Association)
and
(d)
(Name) (Address)
of Incorporated
(Name of Association)
WE APPLY for the incorporation under the Associations Incorporation Act
1981, of an association to be called:
Incorporated
3. The place/s where the proposed incorporated association is to be carried
on is/are—
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4. Signatures: (All above public officers MUST sign)
(a) / / (b) / /
(c) / / (d) / /
5. The full name and Victorian address of the person who has attained the
age of 18 years and who is resident in Victoria nominated as the first
public officer is
Name:
Signature: Dated: / /
Address:
__________________
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FORM 11
Associations Incorporation Act 1981
Section 31(3)(c)
NOTICE OF SPECIAL RESOLUTION APPROVING
AMALGAMATION OF INCORPORATED ASSOCIATIONS
1. Registration No. A
2. Association Name:
Incorporated
3. At a meeting of members of the incorporated association duly convened
and held at—
(place where meeting held)
on / / , a special resolution approving—
(a) the terms of the amalgamation with the incorporated association(s)
called—
Incorporated
Incorporated
Incorporated
Incorporated;
(b) the statement of purposes of the proposed amalgamated association;
and
(c) the proposed rules of the proposed amalgamated association—
was duly passed.
4. The name of the proposed incorporated association is—
Incorporated
5. Signature of public officer:
Dated: / /
__________________
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FORM 12
Associations Incorporation Act 1981
Section 37D
NOTICE TO PRODUCE DOCUMENTS, ATTEND BEFORE AN
INSPECTOR AND ANSWER QUESTIONS
To (name of incorporated association/involved person)
You are required—
*(a) to produce to me on (date) at (time) at (full details of place) the
documents referred to in the Schedule to this notice that are in your
possession or control and that relate to (name of incorporated
association);
*(b) to attend on (date) at (time) before (name of inspector) at (full details of
place) to answer any questions relating to the promotion, formation,
membership, control, transactions, dealings, business or property of
(name of incorporated association).
Please note the provisions of section 37L of the Act (offences for failure to
comply with the requirements of an inspector).
Signed:
(Inspector)
Dated:
* Delete if not applicable
SCHEDULE
__________________
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FORM 13
Associations Incorporation Act 1981
Section 37E
ACKNOWLEDGMENT OF CONSENT TO ENTRY AND
SEARCH
I, (name of occupier), of (address of place to be entered and searched)
acknowledge the following—
(a) I have been informed that the purpose of the search to be conducted at
my address is ; and
(b) I have been informed that anything seized in the search may be used in
evidence in court; and
(c) I have been informed that I may refuse to give consent to the entry and
search; and
(d) I have consented to the entry and search.
My consent to the entry and search was given on (date) at (time).
Signed:
(Occupier)
Dated:
__________________
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FORM 14
Associations Incorporation Act 1981
Section 46(h)
SUPPLEMENTARY DOCUMENT
1. Registration No. A
2. Association Name:
Incorporated
3. This document and any annexure/s is/are intended to supplement and to
form part of the previously lodged document described as,
dated / / , which was submitted for lodgment with the
Registrar of Incorporated Associations on or about / / , and is
to be supplemented as follows—
4. Signature of person(s) who signed the original document that this
document is supplementing:
Dated / /
__________________
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FORM 15
Associations Incorporation Act 1981
Section 50B
PENALTY NOTICE
To:
1. It is alleged that at on you committed an offence
under or in relation to
in that you
Such an offence is a prescribed offence.
2. Prescribed penalty (in penalty units*):
Payable to the Registrar of Incorporated Associations
3. (Applicable where the penalty notice relates to an offence constituted by a
failure to do a particular act or thing) Take notice that—
(a) the obligation to continues, despite the service of
this notice or the payment of the prescribed penalty;
(b) if, within 21 days after the date of service of this notice you—
(i) pay the prescribed penalty to the Registrar; and
(ii) (insert particular act or thing to be done)
no further action will be taken against you in relation to the
prescribed offence;
(c) if, within 21 days after the date of service of this notice, you—
(i) have not paid the prescribed penalty to the Registrar; or
(ii) have not (insert particular act or thing that has not been done)
proceedings may be instituted, or the procedures for enforcement of
infringement penalties under Schedule 7 to the Magistrates' Court
Act 1989 may be used against you.
OR
4. (Applicable where the penalty notice relates to an offence other than one
constituted by a failure to do a particular act or thing.) Take notice that
if, within 21 days after the date of service of this notice, you pay the
prescribed penalty to the Registrar, no further action will be taken against
you in relation to the offence particulars of which are set out in clause 1.
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If, on the expiration of 21 days after the date of service of this notice, you
have not paid the prescribed penalty to the Registrar, proceedings may be
instituted or procedures for the enforcement of infringement penalties
under Schedule 7 to the Magistrates' Court Act 1989 may be used
against you.
Given by a person authorised by the Registrar of Incorporated
Associations at on this day of .
* One penalty unit is equivalent to $100.
__________________
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SCHEDULE 4
PRESCRIBED OFFENCES—PROVISIONS, DESCRIPTIONS
AND PENALTIES
Part 1
Column 1
Item
Column 2
Section of the
Act
Column 3
Description
Column 4
Penalty
(penalty
units)
1 16(4) Failure by the public officer
to lodge particulars of a
trust etc. within the required
time 1
2 22A Failure to make rules
available for inspection 1
3 25(1) Failure to appoint a public
officer within the required
time 1
4 28(1) Failure by the public officer
to notify appointment etc.
within the required time 1
5 30(2A) Failure to hold annual
general meeting within
required time 1
6 30(3) Failure to submit the
required statement to the
annual general meeting 1
7 30(7A) Failure to make trust deed
available for inspection by
members 1
8 31AC Failure to notify Registrar
of transfer of incorporation 3
9 33(3) Failure to lodge notice of
special resolution relating to
the distribution of assets on
winding up 3
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Column 1
Item
Column 2
Section of the
Act
Column 3
Description
Column 4
Penalty
(penalty
units)
10 43(1) Failure to lodge a certified
translation of an instrument 1
——
Part 2
Column 1
Item
Column 2
Section of the
Act
Column 3
Description
Column 4
Penalty
(penalty
units)
1 12A(3) Failure to display name or
registration number on
business documents etc. 1
2 13A(3) Failure to have registered
address or notify Registrar
of change of registered
address 1
3 30(4) Failure by the public officer
to lodge the annual
statement within the
required time 1
4 30B(1) Failure by prescribed
association to comply with
audit requirements 3
5 30B(3) Failure by prescribed
association to keep
accounting records for
7 years 1
6 52 Use of the word
"Incorporated" or "Inc."
when not entitled to do so 3
__________________
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SCHEDULE 5
MODEL RULES FOR AN INCORPORATED ASSOCIATION
1. Name
The name of the incorporated association is
(in these Rules called "the Association").
2. Definitions
(1) In these Rules, unless the contrary intention appears—
"Act" means the Associations Incorporation Act 1981;
"committee" means the committee of management of the
Association;
"financial year" means the year ending on 30 June;
"general meeting" means a general meeting of members
convened in accordance with rule 12.
"member" means a member of the Association;
"ordinary member of the committee" means a member of
the committee who is not an officer of the Association
under Rule 21;
"Regulations" means regulations under the Act;
"relevant documents" has the same meaning as in the Act.
(2) In these Rules, a reference to the Secretary of an
Association is a reference—
(a) if a person holds office under these Rules as Secretary
of the Association—to that person; and
(b) in any other case, to the public officer of the
Association.
3. Alteration of the rules
These Rules and the statement of purposes of the
Association must not be altered except in accordance with
the Act.
4. Membership, entry fees and subscription
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(1) A person who applies and is approved for membership as
provided in these Rules is eligible to be a member of the
Association on payment of the entrance fee and annual
subscription payable under these Rules.
(2) A person who is not a member of the Association at the time
of the incorporation of the Association (or who was a
member at that time but has ceased to be a member) must
not be admitted to membership unless—
(a) he or she applies for membership in accordance with
sub-rule (3); and
(b) the admission as a member is approved by the
committee.
(3) An application of a person for membership of the
Association must—
(a) be made in writing in the form set out in Appendix 1;
and
(b) be lodged with the Secretary of the Association.
(4) As soon as practicable after the receipt of an application, the
Secretary must refer the application to the committee.
(5) The committee must determine whether to approve or reject
the application.
(6) If the committee approves an application for membership,
the Secretary must, as soon as practicable—
(a) notify the applicant in writing of the approval for
membership; and
(b) request payment within 28 days after receipt of the
notification of the sum payable under these Rules as
the entrance fee and the first year's annual
subscription.
(7) The Secretary must, within 28 days after receipt of the
amounts referred to in sub-rule (6), enter the applicant's
name in the register of members.
(8) An applicant for membership becomes a member and is
entitled to exercise the rights of membership when his or her
name is entered in the register of members.
(9) If the committee rejects an application, the committee must,
as soon as practicable, notify the applicant in writing that
the application has been rejected.
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(10) A right, privilege, or obligation of a person by reason of
membership of the Association—
(a) is not capable of being transferred or transmitted to
another person; and
(b) terminates upon the cessation of membership whether
by death or resignation or otherwise.
(11) The entrance fee is the relevant amount set out in
Appendix 4.
(12) The annual subscription is the relevant amount set out in
Appendix 4 and is payable in advance on or before 1 July in
each year.
5. Register of members
(1) The Secretary must keep and maintain a register of members
containing—
(a) the name and address of each member; and
(b) the date on which each member's name was entered in
the register.
(2) The register is available for inspection free of charge by any
member upon request.
(3) A member may make a copy of entries in the register.
6. Ceasing membership
(1) A member of the Association who has paid all moneys due
and payable by a member to the Association may resign
from the Association by giving one month's notice in
writing to the Secretary of his or her intention to resign.
(2) After the expiry of the period referred to in sub-rule (1)—
(a) the member ceases to be a member; and
(b) the Secretary must record in the register of members
the date on which the member ceased to be a member.
7. Discipline, suspension and expulsion of members
(1) Subject to these Rules, if the committee is of the opinion
that a member has refused or neglected to comply with these
Rules, or has been guilty of conduct unbecoming a member
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or prejudicial to the interests of the Association, the
committee may by resolution—
(a) fine that member an amount not exceeding $500; or
(b) suspend that member from membership of the
Association for a specified period; or
(c) expel that member from the Association.
(2) A resolution of the committee under sub-rule (1) does not
take effect unless—
(a) at a meeting held in accordance with sub-rule (3), the
committee confirms the resolution; and
(b) if the member exercises a right of appeal to the
Association under this rule, the Association confirms
the resolution in accordance with this rule.
(3) A meeting of the committee to confirm or revoke a
resolution passed under sub-rule (1) must be held not earlier
than 14 days, and not later than 28 days, after notice has
been given to the member in accordance with sub-rule (4).
(4) For the purposes of giving notice in accordance with sub-
rule (3), the Secretary must, as soon as practicable, cause to
be given to the member a written notice—
(a) setting out the resolution of the committee and the
grounds on which it is based; and
(b) stating that the member, or his or her representative,
may address the committee at a meeting to be held not
earlier than 14 days and not later than 28 days after
the notice has been given to that member; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that he or she may do one or
both of the following—
(i) attend that meeting;
(ii) give to the committee before the date of that
meeting a written statement seeking the
revocation of the resolution;
(e) informing the member that, if at that meeting, the
committee confirms the resolution, he or she may, not
later than 48 hours after that meeting, give the
Secretary a notice to the effect that he or she wishes
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to appeal to the Association in general meeting
against the resolution.
(5) At a meeting of the committee to confirm or revoke a
resolution passed under sub-rule (1), the committee must—
(a) give the member, or his or her representative, an
opportunity to be heard; and
(b) give due consideration to any written statement
submitted by the member; and
(c) determine by resolution whether to confirm or to
revoke the resolution.
(6) If at the meeting of the committee, the committee confirms
the resolution, the member may, not later than 48 hours after
that meeting, give the Secretary a notice to the effect that he
or she wishes to appeal to the Association in general
meeting against the resolution.
(7) If the Secretary receives a notice under sub-rule (6), he or
she must notify the committee and the committee must
convene a general meeting of the Association to be held
within 21 days after the date on which the Secretary
received the notice.
(8) At a general meeting of the Association convened under
sub-rule (7)—
(a) no business other than the question of the appeal may
be conducted; and
(b) the committee may place before the meeting details of
the grounds for the resolution and the reasons for the
passing of the resolution; and
(c) the member, or his or her representative, must be
given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the
question whether the resolution should be confirmed
or revoked.
(9) A resolution is confirmed if, at the general meeting, not less
than two-thirds of the members vote in person, or by proxy,
in favour of the resolution. In any other case, the resolution
is revoked.
8. Disputes and mediation
(1) The grievance procedure set out in this rule applies to
disputes under these Rules between—
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(a) a member and another member; or
(b) a member and the Association.
(2) The parties to the dispute must meet and discuss the matter
in dispute, and, if possible, resolve the dispute within
14 days after the dispute comes to the attention of all of the
parties.
(3) If the parties are unable to resolve the dispute at the
meeting, or if a party fails to attend that meeting, then the
parties must, within 10 days, hold a meeting in the presence
of a mediator.
(4) The mediator must be—
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement—
(i) in the case of a dispute between a member and
another member, a person appointed by the
committee of the Association; or
(ii) in the case of a dispute between a member and
the Association, a person who is a mediator
appointed or employed by the Dispute
Settlement Centre of Victoria (Department of
Justice).
(5) A member of the Association can be a mediator.
(6) The mediator cannot be a member who is a party to the
dispute.
(7) The parties to the dispute must, in good faith, attempt to
settle the dispute by mediation.
(8) The mediator, in conducting the mediation, must—
(a) give the parties to the mediation process every
opportunity to be heard; and
(b) allow due consideration by all parties of any written
statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to
the dispute throughout the mediation process.
(9) The mediator must not determine the dispute.
(10) If the mediation process does not result in the dispute being
resolved, the parties may seek to resolve the dispute in
accordance with the Act or otherwise at law.
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9. Annual general meetings
(1) The committee may determine the date, time and place of
the annual general meeting of the Association.
(2) The notice convening the annual general meeting must
specify that the meeting is an annual general meeting.
(3) The ordinary business of the annual general meeting shall
be—
(a) to confirm the minutes of the previous annual general
meeting and of any general meeting held since that
meeting; and
(b) to receive from the committee reports upon the
transactions of the Association during the last
preceding financial year; and
(c) to elect officers of the Association and the ordinary
members of the committee; and
(d) to receive and consider the statement submitted by the
Association in accordance with section 30(3) of the
Act.
(4) The annual general meeting may conduct any special
business of which notice has been given in accordance with
these Rules.
10. Special general meetings
(1) In addition to the annual general meeting, any other general
meetings may be held in the same year.
(2) All general meetings other than the annual general meeting
are special general meetings.
(3) The committee may, whenever it thinks fit, convene a
special general meeting of the Association.
(4) If, but for this sub-rule, more than 15 months would elapse
between annual general meetings, the committee must
convene a special general meeting before the expiration of
that period.
(5) The committee must, on the request in writing of members
representing not less than 5 per cent of the total number of
members, convene a special general meeting of the
Association.
(6) The request for a special general meeting must—
(a) state the objects of the meeting; and
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(b) be signed by the members requesting the meeting; and
(c) be sent to the address of the Secretary.
(7) If the committee does not cause a special general meeting to
be held within one month after the date on which the request
is sent to the address of the Secretary, the members making
the request, or any of them, may convene a special general
meeting to be held not later than 3 months after that date.
(8) If a special general meeting is convened by members in
accordance with this rule, it must be convened in the same
manner so far as possible as a meeting convened by the
committee and all reasonable expenses incurred in
convening the special general meeting must be refunded by
the Association to the persons incurring the expenses.
11. Special business
All business that is conducted at a special general meeting
and all business that is conducted at the annual general
meeting, except for business conducted under the rules as
ordinary business of the annual general meeting, is deemed
to be special business.
12. Notice of general meetings
(1) The Secretary of the Association, at least 14 days, or if a
special resolution has been proposed at least 21 days, before
the date fixed for holding a general meeting of the
Association, must cause to be sent to each member of the
Association, a notice stating the place, date and time of the
meeting and the nature of the business to be conducted at
the meeting.
(2) Notice may be sent—
(a) by prepaid post to the address appearing in the
register of members; or
(b) if the member requests, by facsimile transmission or
electronic transmission.
(3) No business other than that set out in the notice convening
the meeting may be conducted at the meeting.
(4) A member intending to bring any business before a meeting
may notify in writing, or by electronic transmission, the
Secretary of that business, who must include that business in
the notice calling the next general meeting.
13. Quorum at general meetings
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(1) No item of business may be conducted at a general meeting
unless a quorum of members entitled under these Rules to
vote is present at the time when the meeting is considering
that item.
(2) Five members personally present (being members entitled
under these Rules to vote at a general meeting) constitute a
quorum for the conduct of the business of a general
meeting.
(3) If, within half an hour after the appointed time for the
commencement of a general meeting, a quorum is not
present—
(i) in the case of a meeting convened upon the request of
members—the meeting must be dissolved; and
(ii) in any other case—the meeting shall stand adjourned
to the same day in the next week at the same time and
(unless another place is specified by the Chairperson
at the time of the adjournment or by written notice to
members given before the day to which the meeting is
adjourned) at the same place.
(4) If at the adjourned meeting the quorum is not present within
half an hour after the time appointed for the commencement
of the meeting, the members personally present (being not
less than 3) shall be a quorum.
14. Presiding at general meetings
(1) The President, or in the President's absence, the Vice-
President, shall preside as Chairperson at each general
meeting of the Association.
(2) If the President and the Vice-President are absent from a
general meeting, or are unable to preside, the members
present must select one of their number to preside as
Chairperson.
15. Adjournment of meetings
(1) The person presiding may, with the consent of a majority of
members present at the meeting, adjourn the meeting from
time to time and place to place.
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(2) No business may be conducted at an adjourned meeting
other than the unfinished business from the meeting that was
adjourned.
(3) If a meeting is adjourned for 14 days or more, notice of the
adjourned meeting must be given in accordance with rule
12.
(4) Except as provided in sub-rule (3), it is not necessary to give
notice of an adjournment or of the business to be conducted
at an adjourned meeting.
16. Voting at general meetings
(1) Upon any question arising at a general meeting of the
Association, a member has one vote only.
(2) All votes must be given personally or by proxy.
(3) In the case of an equality of voting on a question, the
Chairperson of the meeting is entitled to exercise a second
or casting vote.
(4) A member is not entitled to vote at a general meeting unless
all moneys due and payable by the member to the
Association have been paid, other than the amount of the
annual subscription payable in respect of the current
financial year.
17. Poll at general meetings
(1) If at a meeting a poll on any question is demanded by not
less than 3 members, it must be taken at that meeting in such
manner as the Chairperson may direct and the resolution of
the poll shall be deemed to be a resolution of the meeting on
that question.
(2) A poll that is demanded on the election of a Chairperson or
on a question of an adjournment must be taken immediately
and a poll that is demanded on any other question must be
taken at such time before the close of the meeting as the
Chairperson may direct.
18. Manner of determining whether resolution carried
If a question arising at a general meeting of the Association
is determined on a show of hands—
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(a) a declaration by the Chairperson that a resolution has
been—
(i) carried; or
(ii) carried unanimously; or
(iii) carried by a particular majority; or
(iv) lost; and
(b) an entry to that effect in the minute book of the
Association—
is evidence of the fact, without proof of the number or
proportion of the votes recorded in favour of, or against,
that resolution.
19. Proxies
(1) Each member is entitled to appoint another member as a
proxy by notice given to the Secretary no later than 24 hours
before the time of the meeting in respect of which the proxy
is appointed.
(2) The notice appointing the proxy must be—
(a) for a meeting of the Association convened under rule
7(7), in the form set out in Appendix 2; or
(b) in any other case, in the form set out in Appendix 3.
20. Committee of Management
(1) The affairs of the Association shall be managed by the
committee of management.
(2) The committee—
(a) shall control and manage the business and affairs of
the Association; and
(b) may, subject to these Rules, the Act and the
Regulations, exercise all such powers and functions
as may be exercised by the Association other than
those powers and functions that are required by these
Rules to be exercised by general meetings of the
members of the Association; and
(c) subject to these Rules, the Act and the Regulations,
has power to perform all such acts and things as
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appear to the committee to be essential for the proper
management of the business and affairs of the
Association.
(3) Subject to section 23 of the Act, the committee shall consist
of—
(a) the officers of the Association; and
(b) two ordinary members—
each of whom shall be elected at the annual general meeting
of the Association in each year.
21. Office holders
(1) The officers of the Association shall be—
(a) a President;
(b) a Vice-President;
(c) a Treasurer; and
(d) a Secretary.
(2) The provisions of rule 23, so far as they are applicable and
with the necessary modifications, apply to and in relation to
the election of persons to any of the offices referred to in
sub-rule (1).
(3) Each officer of the Association shall hold office until the
annual general meeting next after the date of his or her
election but is eligible for re-election.
(4) In the event of a casual vacancy in any office referred to in
sub-rule (1), the committee may appoint one of its members
to the vacant office and the member appointed may continue
in office up to and including the conclusion of the annual
general meeting next following the date of the appointment.
22. Ordinary members of the committee
(1) Subject to these Rules, each ordinary member of the
committee shall hold office until the annual general meeting
next after the date of election but is eligible for re-election.
(2) In the event of a casual vacancy occurring in the office of an
ordinary member of the committee, the committee may
appoint a member of the Association to fill the vacancy and
the member appointed shall hold office, subject to these
Rules, until the conclusion of the annual general meeting
next following the date of the appointment.
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23. Election of officers and ordinary committee members
(1) Nominations of candidates for election as officers of the
Association or as ordinary members of the committee must
be—
(a) made in writing, signed by two members of the
Association and accompanied by the written consent
of the candidate (which may be endorsed on the form
of nomination); and
(b) delivered to the Secretary of the Association not less
than 7 days before the date fixed for the holding of
the annual general meeting.
(2) A candidate may only be nominated for one office, or as an
ordinary member of the committee, prior to the annual
general meeting.
(3) If insufficient nominations are received to fill all vacancies
on the committee, the candidates nominated shall be deemed
to be elected and further nominations may be received at the
annual general meeting.
(4) If the number of nominations received is equal to the
number of vacancies to be filled, the persons nominated
shall be deemed to be elected.
(5) If the number of nominations exceeds the number of
vacancies to be filled, a ballot must be held.
(6) The ballot for the election of officers and ordinary members
of the committee must be conducted at the annual general
meeting in such manner as the committee may direct.
24. Vacancies
The office of an officer of the Association, or of an ordinary
member of the committee, becomes vacant if the officer or
member—
(a) ceases to be a member of the Association; or
(b) becomes an insolvent under administration within the
meaning of the Corporations Law; or
(c) resigns from office by notice in writing given to the
Secretary.
25. Meetings of the committee
(1) The committee must meet at least 3 times in each year at
such place and such times as the committee may determine.
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(2) Special meetings of the committee may be convened by the
President or by any 4 members of the committee.
26. Notice of committee meetings
(1) Written notice of each committee meeting must be given to
each member of the committee at least 2 business days
before the date of the meeting.
(2) Written notice must be given to members of the committee
of any special meeting specifying the general nature of the
business to be conducted and no other business may be
conducted at such a meeting.
27. Quorum for committee meetings
(1) Any 4 members of the committee constitute a quorum for
the conduct of the business of a meeting of the committee.
(2) No business may be conducted unless a quorum is present.
(3) If within half an hour of the time appointed for the meeting
a quorum is not present—
(i) in the case of a special meeting—the meeting lapses;
(ii) in any other case—the meeting shall stand adjourned
to the same place and the same time and day in the
following week.
(4) The committee may act notwithstanding any vacancy on the
committee.
28. Presiding at committee meetings
At meetings of the committee—
(a) the President or, in the President's absence, the Vice-
President presides; or
(b) if the President and the Vice-President are absent, or
are unable to preside, the members present must
choose one of their number to preside.
29. Voting at committee meetings
(1) Questions arising at a meeting of the committee, or at a
meeting of any sub-committee appointed by the committee,
shall be determined on a show of hands or, if a member
requests, by a poll taken in such manner as the person
presiding at that meeting may determine.
(2) Each member present at a meeting of the committee, or at a
meeting of any sub-committee appointed by the committee
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(including the person presiding at the meeting), is entitled to
one vote and, in the event of an equality of votes on any
question, the person presiding may exercise a second or
casting vote.
30. Removal of committee member
(1) The Association in general meeting may, by resolution,
remove any member of the committee before the expiration
of the member's term of office and appoint another member
in his or her place to hold office until the expiration of the
term of the first-mentioned member.
(2) A member who is the subject of a proposed resolution
referred to in sub-rule (1) may make representations in
writing to the Secretary or President of the Association (not
exceeding a reasonable length) and may request that the
representations be provided to the members of the
Association.
(3) The Secretary or the President may give a copy of the
representations to each member of the Association or, if
they are not so given, the member may require that they be
read out at the meeting.
31. Minutes of meetings
The Secretary of the Association must keep minutes of the
resolutions and proceedings of each general meeting, and
each committee meeting, together with a record of the
names of persons present at committee meetings.
32. Funds
(1) The Treasurer of the Association must—
(a) collect and receive all moneys due to the Association
and make all payments authorised by the Association;
and
(b) keep correct accounts and books showing the
financial affairs of the Association with full details of
all receipts and expenditure connected with the
activities of the Association.
(2) All cheques, drafts, bills of exchange, promissory notes and
other negotiable instruments must be signed by two
members of the committee.
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(3) The funds of the Association shall be derived from entrance
fees, annual subscriptions, donations and such other sources
as the committee determines.
33. Seal
(1) The common seal of the Association must be kept in the
custody of the Secretary.
(2) The common seal must not be affixed to any instrument
except by the authority of the committee and the affixing of
the common seal must be attested by the signatures either of
two members of the committee or, of one member of the
committee and of the public officer of the Association.
34. Notice to members
Except for the requirement in rule 12, any notice that is
required to be given to a member, by on behalf of the
Association, under these Rules may be given by—
(a) delivering the notice to the member personally; or
(b) sending it by prepaid post addressed to the member at
that member's address shown in the register of
members; or
(c) facsimile transmission, if the member has requested
that the notice be given to him or her in this manner;
or
(d) electronic transmission, if the member has requested
that the notice be given to him or her in this manner.
35. Winding up
In the event of the winding up or the cancellation of the
incorporation of the Association, the assets of the
Association must be disposed of in accordance with the
provisions of the Act.
36. Custody and inspection of books and records
(1) Except as otherwise provided in these Rules, the Secretary
must keep in his or her custody or under his or her control
all books, documents and securities of the Association.
(2) All accounts, books, securities and any other relevant
documents of the Association must be available for
inspection free of charge by any member upon request.
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(3) A member may make a copy of any accounts, books,
securities and any other relevant documents of the
Association.
__________________
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APPENDIX 1
APPLICATION FOR MEMBERSHIP OF (NAME OF THE
ASSOCIATION)
I, , of desire to become a
(name and occupation) (address)
member of
(name of Association)
In the event of my admission as a member, I agree to be bound by the rules
of the Association for the time being in force.
Signature of Applicant
Date
I, , a member of the Association,
(name)
nominate the applicant, who is personally known to me, for membership of
the Association.
Signature of Proposer
Date
I, , a member of the Association, second
(name)
the nomination of the applicant, who is personally known to me, for
membership of the Association.
Signature of Seconder
Date
__________________
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APPENDIX 2
FORM OF APPOINTMENT OF PROXY FOR MEETING OF
ASSOCIATION CONVENED UNDER RULE 7(7)
I,
(name)
of
(address)
being a member of
(name of Incorporated Association)
appoint
(name of proxy holder)
of
(address of proxy holder)
being a member of that Incorporated Association, as my proxy to vote for me
on my behalf at the appeal to the general meeting of the Association
convened under rule 7(7), to be held on—
(date of meeting)
and at any adjournment of that meeting.
I authorise my proxy to vote on my behalf at their discretion in respect of the
following resolution (insert details of resolution passed under rule 7(1)).
Signed
Date
__________________
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APPENDIX 3
FORM OF APPOINTMENT OF PROXY
I,
(name)
of
(address)
being a member of
(name of Incorporated Association)
appoint
(name of proxy holder)
of
(address of proxy holder)
being a member of that Incorporated Association, as my proxy to vote for me
on my behalf at the annual/special* general meeting of the Association to be
held on
(date of meeting)
and at any adjournment of that meeting.
My proxy is authorised to vote in favour of/against* the following resolution
(insert details of resolution).
Signed
Date
* Delete if not applicable
__________________
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APPENDIX 4
SCHEDULE OF FEES
Fee Amount
Entrance fee
Annual subscription fee
═══════════════
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NOTES
1 Reg. 4: S.R. No. 114/1993.
——
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 Australian Accounting
Standard AAS 1—"Profit and
Loss or Other Operating
Statements" issued October
1995 jointly by the Institute of
Chartered Accountants in
Australia and the Australian
Society of Certified Practising
Accountants
The whole
Australian Accounting
Standard AAS 4—
"Depreciation" issued August
1997 jointly by the Institute of
Chartered Accountants in
Australia and the Australian
Society of Certified Practising
Accountants
The whole
Australian Accounting
Standard AAS 5—
"Materiality" issued October
1995 jointly by the Institute of
Chartered Accountants in
Australia and the Australian
Society of Certified Practising
Accountants
The whole
Notes
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62
NOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Australian Accounting
Standard AAS 6—
"Accounting Policies" issued
October 1995 jointly by the
Institute of Chartered
Accountants in Australia and
the Australian Society of
Certified Practising
Accountants
The whole
Australian Accounting
Standard AAS 8—"Events
Occurring After Reporting
Date" issued October 1997
jointly by the Institute of
Chartered Accountants in
Australia and the Australian
Society of Certified Practising
Accountants
The whole
Australian Accounting
Standard AAS 10—
"Accounting for the
Revaluation of Non-Current
Assets" issued June 1996
jointly by the Institute of
Chartered Accountants in
Australia and the Australian
Society of Certified Practising
Accountants
The whole
Australian Accounting
Standard AAS 15—
"Disclosure of Operating
Revenue" re-issued May 1986
jointly by the Institute of
Chartered Accountants in
Australia and the Australian
Society of Certified Practising
Accountants
The whole
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NOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Australian Accounting
Standard AAS 17—
"Accounting for Leases" re-
issued June 1987 jointly by
the Institute of Chartered
Accountants in Australia and
the Australian Society of
Certified Practising
Accountants
The whole
Australian Accounting
Standard AAS 28—
"Statement of Cash Flows"
issued October 1997 jointly
by the Institute of Chartered
Accountants in Australia and
the Australian Society of
Certified Practising
Accountants
The whole
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