Associations Incorporation Regulation 2022 (2022-522) (NSW)

Associations Incorporation Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Associations Incorporation Regulation 2022.

2 Commencement This Regulation commences on 1 September 2022 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Associations Incorporation Regulation 2016, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this Regulation— the Act means the Associations Incorporation Act 2009.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Corresponding law For the Act, section 4(1), definition of corresponding law, the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth is declared to be a corresponding law.

5 Application of Corporations legislation to associations For the Act, section 96(1), a matter relating to an association is declared to be an applied Corporations legislation matter for the purposes of the Corporations (Ancillary Provisions) Act 2001, Part 3 in relation to the Corporations Act 2001 of the Commonwealth, section 1322(1)–(3A) and (4)–(6), subject to the following modifications— (a) a reference to "this Act" is to be read as including a reference to the Act, (b) a reference to "a corporation" is to be read as including a reference to an association, (c) for section 1322(3)— (i) a reference to "a meeting" or "the meeting" is to be read as including a reference to a vote conducted by a postal, electronic or combined ballot, and (ii) the reference to "a person entitled to attend the meeting" is to be read as including a reference to a person entitled to vote in the postal, electronic or combined ballot, and (iii) the reference to "proceedings at the meeting" is to be read as including a reference to the vote conducted by a postal, electronic or combined ballot, (d) for section 1322(4)(b)—the reference to "any register kept by ASIC under this Act" is to be read as including a reference to a register kept under the Act.