Associations Incorporation Amendment Act 2016

Associations Incorporation Amendment Act 2016

An Act to amend the Associations Incorporation Act 1964

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Associations Incorporation Amendment Act 2016 .

2.   Commencement

This Act commences on 1 October 2016.

3.   Principal Act

In this Act, the Associations Incorporation Act 1964 is referred to as the Principal Act.

4.    Section 2 amended (Interpretation)

Section 2(2)(a) of the Principal Act is amended by omitting "constitution, regulations, and by-laws (if any)" and substituting "constitution and regulations".

5.    Section 24 amended (Accounts and audit)

Section 24 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) " subsection (1B) " and substituting " subsection (1B) or (1C) ";

(b) by inserting the following subsection after subsection (1B) :

(1C)  An incorporated association is exempt from complying with subsection (1) in relation to a financial year if the revenue of the registered entity for that financial year is less than –

(a) $250 000; or

(b) such other amount as is prescribed for the purposes of this section.

6.    Section 24B amended (Annual returns)

Section 24B of the Principal Act is amended as follows:

(a) by omitting from subsection (1) " section 24 (1B) " and substituting " section 24(1B) or (1C) ";

(b) by omitting from subsection (1A) " section 24 (1B) " and substituting " section 24(1B) or (1C) ";

(c) by inserting the following subsections after subsection (1A) :

(1B)  Despite subsection (1) or (1A) , an incorporated association is not required to provide an annual return under this section for a financial year if the incorporated association –

(a) was a registered entity, within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth, for all or part of the financial year; and

(b) has, in respect of the financial year, complied with the financial and reporting requirements of that Act.

(1C)  An incorporated association to which subsection (1B) applies in respect of a financial year must, within 30 days after being requested to do so by the Commissioner, provide the Commissioner with a copy of the annual financial report given in respect of the financial year under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth.

Penalty:  Fine not exceeding 20 penalty units.

7.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 3 MAY 2016

Legislative Council on 2 JUNE 2016]