Associations Incorporation Act 1985 (SA)

South Australia Associations Incorporation Act 1985 An Act to make provision for the incorporation, administration and control of associations; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 3A Exclusion of operation of Corporations Act 4 Act binds Crown Part 2—Administration Division 1—The Commission 5 Administration by the Commission 6 Inspection of documents 7 Power of Commission to refuse to register or reject document etc 9 Annual report Division 2—Power of inspection etc 10 Power of Commission to require production of books 11 Power of Commission to carry out investigations in relation to books 12 Protection from liability 13 Privileged communications 14 Offences 15 Self-incrimination 16 Liens on books 17 Secrecy Part 3—Incorporation of associations Division 1—Incorporation 18 Eligibility for incorporation 19 Manner in which application for incorporation is to be made 20 Incorporation of association 21 Rights and liabilities of members Division 2—Amalgamation 22 Amalgamation Division 3—Rules 23 Rules binding on association and its members 23A Contents of rules of an incorporated association 24 Alteration of rules 24A Court may order variation of rules Division 4—Powers 25 Powers of an incorporated association Division 5—Transactions 26 Manner in which contracts may be made 27 Limitation of doctrine of ultra vires 28 Abolition of doctrine of constructive notice in relation to incorporated association Part 4—Management of internal affairs Division 1—The committee 29 Management of incorporated associations 30 Certain persons not to be members of the committee 31 Disclosure of interest 32 Voting on a contract in which a committee member has an interest Division 2—Accounts and audit of prescribed associations 33 Preliminary 34 Application of Division to relevant prescribed associations 34A Disclosure of information relating to relevant prescribed associations 34B Commission may provide information to Commonwealth Commissioner 35 Accounts to be kept 36 Lodgment of periodic returns 37 Provisions relating to auditors acting under this Division 37A Payment of auditor 38 Power of exemption Division 3—Annual general meeting 39 Annual general meeting Division 3A—Duties of officers etc 39A Duties of officers etc 39AB Reliance on information or advice provided by others 39B Provisions indemnifying officers or auditors Division 3B—Records 39C Keeping of records 39D Inspection of records Division 4—Disputes 40 Rules of natural justice to be applied in relation to adjudication of dispute Part 5—Compromise, winding up, transfer of activities and dissolution Division 1—General 40A Power to compromise with creditors 40B Power to enter into voluntary administration 41 Winding up of incorporated associations 41A Appeals from decisions of receivers, liquidators, managers etc 41B Reports to be submitted to liquidator 41C Declaration of solvency 41D Disclosure to creditors on voluntary winding up 41E Penalty for contravention of applied provisions 42 Power of Commission to require transfer of activities 43 Distribution of assets upon winding up 43A Application for deregistration 44 Defunct associations 44A Commission to act as representative of defunct association in certain events 45 Outstanding property of former association 46 Disposal of outstanding property 47 Liability of Commission and Crown as to property vested in Commission 48 Accounts 49 Removal of name from register Division 2—Offences 49AA Interpretation and application 49AB Non-disclosure 49AC Failure to keep proper records 49AD Incurring debts not likely to be paid 49AE Powers of court 49AF Frauds by officers Part 6—Miscellaneous 49A General power of exemption of the Commission 50 Reviews 51 Minutes 53 Investing or depositing money with association 53A Reservation of name 54 Name of association to be printed etc on documents 55 Prohibition against securing profits for members 56 Public officer 57 Penalty for non-compliance with Act or a condition imposed under Act 58 Falsification of books 58A General defence 59 Variation or revocation of trusts 60 Misrepresentation as to incorporation under this Act 61 Oppressive or unreasonable acts 62 Examination of persons concerned with associations 62A Orders against persons concerned with associations 62B Civil proceedings not to be stayed 62C Form and evidentiary value of books 62D Continuing offences 62E Proceedings for offences 63 Evidentiary provision 64 Service 65 Use of abbreviation "Inc." 66 Fees in respect of lodging documents 67 Regulations Legislative history