Associations Incorporation Act 1981 (Victoria)

TABLE OF PROVISIONS

An Act to make Provision for the Incorporation of certain Associations, for the Regulation of certain Affairs of Incorporated Associations, to amend the Evidence Act 1958 and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I-PRELIMINARY
1.     Short title and commencement

2.     Repealed

3.     Definitions

PART II-INCORPORATION
4.     Authority to apply for incorporation

5.     Application for incorporation

6.     Rules of association

7.     Certificate of incorporation

8.     Vesting of property

9.     Application for making of recordings in the Register

10.    Application to bring companies etc. under this Act

11.    Incorporation of company etc.

PART III-NAMES AND REGISTERED ADDRESSES
12.    Name of association

12A. Name to appear on business documents

13.    Change of name

13A. Registered address of incorporated association

PART IV-EFFECTS OF INCORPORATION
14.    Interpretation

14A. Rights of members under rules

14B. Grievance procedure

15.    Rights and liabilities of members

16.    Powers of incorporated association

17.    Ultra vires transactions

18.    Disposal of trust property

19.    Confirmation of contracts and authentication and execution of documents

20.    Ratification of contracts made before incorporation of association

21.    Purposes and rules

22.    Alteration of rules

22A. Rules to be made available to members

PART V-MANAGEMENT
23.    First committee of incorporated association

24.    First public officer

25.    Public officer

26.    Public officer may hold other offices

27.    Removal of public officer and vacancy in office

28.    Address of public officer

29.    Special resolution

29A. Duties of committee members

29B. Disclosure of interest

29C. Voting on contract in which committee member has interest

PART VI-GENERAL MEETINGS AND ACCOUNTS
30.    Annual general meeting

30A. Accounting records

30B. Accounts of prescribed associations

PART VII-AMALGAMATION
31.    Amalgamation of incorporated associations

PART VIIA-TRANSFER OF INCORPORATION
31A. Definition

31AA. Voluntary transfer of incorporation

31AB. Direction to transfer incorporation

31AC. Notice to Registrar

31B. Validity of contracts

31C. Effect of transfer of incorporation

PART VIII-WINDING UP AND CANCELLATION

 * Division 1-Voluntary winding up

32.    Definitions

33.    Voluntary winding up

33A. Distribution of assets on voluntary winding up in accordance with special resolution

33B. Distribution of assets on voluntary winding up without special resolution relating to assets

33C. Certain assets not to be distributed on voluntary winding up

33D. Application to Supreme Court by persons aggrieved under a voluntary winding up

33E. Distribution of assets of incorporated association subject to trusts


 * Division 2-Winding up by the court

34.    Winding up by the court


 * Division 3-Winding up on certificate of Registrar

35.    Winding up on certificate of Registrar

36.    Procedure before certification

36A. Review of certificate

36B. Procedure for winding up on certificate

36C. Costs of winding up


 * Division 4-Application of Corporations legislation

36D. Declaration of applied Corporations legislation matter


 * Division 5-Cancellation of incorporation

36E. Cancellation of incorporation

36F. Vesting of property after cancellation

37.    Reinstatement of cancelled association

PART VIIIA-POWERS OF INSPECTION
37A. Definition

37B. Repealed

37C. Production of identity card

37D. Inspectors may require certain persons to appear, answer questions and produce documents

37E. Inspector's powers of entry

37EA. Entry without consent or warrant

37F. Search warrant

37G. Announcement before entry

37H. Details of warrant to be given to occupier

37I. Seizure of documents or things not mentioned in the warrant

37J. Power of inspector to require information or documents

37K. Functions of inspectors in relation to relevant documents

37L. Offence-failing to comply with requirements of inspector

37M. Protection against self-incrimination

37N. Privilege

37O. Police aid for inspectors

37P. Entry to be reported to the Director

37PA. Register of exercise of powers of entry

37PB. Complaints

37Q. Secrecy

PART IX-MISCELLANEOUS
38.    Registrar of Incorporated Associations

38A. Registrar may enter into arrangements or agreements

38B. Delegation by Minister

39.    Register

39A. Corrections of register

39B. Restriction of personal information

39C. Rights of review

40.    Inspection of register

40A. Duplicate certificate of incorporation

41.    Notice of register etc.

42.    Authority of public officer etc.

43.    Translation of instruments

44.    Evidentiary provisions

45.    Payment of fees on lodging documents

45A. Method of lodgment

45B. Approval of special lodging arrangements

45C. Signatures

45D. Waiver or refund of fees

46.    Incorrect etc. documents lodged with Registrar

47.    Copies or extracts of records to be admitted in evidence

48.    Service of documents

49.    False or misleading statements

49A. Retention of documents

50.    Penalties

50A. Continuing offences

50B. Infringement notices

50C. Application of Fair Trading Act 1999.

51.    Incorporated association not to trade etc.

52.    Offence for using certain names

53.    Incorporated association excluded from Corporations legislation

53A. Exemption from stamp duty

54.    Regulations

55.    Transitional provisions

PART X-Repealed
SCHEDULE-Matters to be Provided for in the Rules of an Incorporated Association

Endnotes

 * 1) General Information
 * The Associations Incorporation Act 1981 was assented to on 5 January 1982 and came into operation on 1 July 1983: Government Gazette 25 May 1983 page 1238.
 * 1) Table of Amendments
 * 2) Explanatory Details
 * $1$S. 11(1)(a): See regulation 4 of the Corporations (Ancillary Provisions) Regulations 2001, S.R. No. 63/2001.