Associations Incorporation Act 2009 (NSW)

Associations Incorporation Act 2009 No 7

An Act to provide for the registration of clubs, societies and other non-profit associations; to provide for the regulation of those associations after registration; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Associations Incorporation Act 2009.

2 Commencement This Act commences on a day to be appointed by proclamation.

3 Objects of Act The objects of this Act are— (a) to establish a scheme for the registration of associations that are constituted for the purpose of engaging in small-scale, non-profit and non-commercial activities, including— (i) associations that are currently unincorporated (which become bodies corporate when they are registered), and (ii) associations that are currently incorporated under other legislation (which retain their corporate status following registration), and (b) to make provision with respect to the corporate governance and financial accountability of associations registered under that scheme.

4 Definitions (1) In this Act— approved, in relation to a form, means approved by the Secretary. ASIC means the Australian Securities and Investments Commission. assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents. association means an association registered under this Act. Australian Accounting Standards means the standards issued by the Australian Accounting Standards Board, as in force for the time being, and including any modifications prescribed by the regulations. Australian Auditing Standards means the standards issued by the Auditing and Assurance Standards Board, as in force for the time being, and including any modifications prescribed by the regulations. authorised officer means— (a) a person who is appointed as an authorised officer under section 102, or (b) an investigator within the meaning of the Fair Trading Act 1987. authorised signatory, in relation to an association, means a person who is appointed under section 36 as an authorised signatory for the association, and includes the association's public officer. committee, in relation to an association, means the governing body of the association, however described. committee member, in relation to an association, means a person who is elected or appointed under the association's constitution as a committee member of the association. constitution, in relation to an association, means the constitution that is recorded in the Register of Incorporated Associations in relation to the association. corresponding law means— (a) the Co-operatives National Law (NSW), or (b) the Corporations Act 2001 of the Commonwealth, and includes any law of this or another State or Territory, or any law of the Commonwealth, that is declared by the regulations to be a corresponding law for the purposes of this Act. court includes tribunal. Department means the Department of Customer Service. exercise a function includes perform a duty. financial year, in relation to an association, means— (a) a period of 12 months, or such other period (whether longer or shorter than 12 months) not exceeding 18 months as the association resolves, commencing on the date of incorporation of the association, and (b) each period of 12 months, or such other period (whether longer or shorter than 12 months) not exceeding 18 months as the association resolves, commencing at the expiration of the previous financial year of the association. function includes a power, authority or duty. liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable). model constitution means the model constitution prescribed by the regulations. objects, in relation to an association, means the objects that are recorded in the Register of Incorporated Associations in relation to the association. official address, in relation to an association, means the address that is recorded in the Register of Incorporated Associations as the association's official address. pecuniary gain—see section 5. public officer, in relation to an association, means the person who is appointed as the association's public officer, and, until he or she is replaced by a person so appointed, includes the person who is nominated as the association's public officer in the association's application for registration. register of committee members, in relation to an association, means the register of committee members kept by the association for the purposes of section 29. Register of Incorporated Associations means the Register of Incorporated Associations kept by the Secretary for the purposes of section 98. registrable corporation means— (a) a co-operative (within the meaning of the Co-operatives National Law (NSW)), or (b) a company registered under the Corporations Act 2001 of the Commonwealth, and includes any other entity that is constituted as a body corporate pursuant to registration under a corresponding law. rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable). Secretary means— (a) the Commissioner for Fair Trading, Department of Customer Service, or (b) if there is no such position in the Department, the Secretary of the Department. special resolution—see section 39. unacceptable name—see section 18.