Associations Incorporation Regulations 1997

Associations Incorporation Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Associations Incorporation Act 1964 .

16 December 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

R. J. GROOM

Minister for Justice

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Associations Incorporation Regulations 1997 .

2.   Commencement

These regulations take effect on 31 December 1997.

3.   Interpretation

In these regulations –

Act means the Associations Incorporation Act 1964 ;

document includes any form specified in Schedule 1 .

PART 2 - Documents

4.   Forms

(1)  The forms specified in Schedule 1 are prescribed for the purpose of the Act.

(2)  Forms are to be completed in accordance with any directions specified in them.

(3)  Any particulars or other matters required to be completed in a form are prescribed for the purpose of the Act.

5.   Lodgment of documents

For the purpose of the Act, a document is lodged with the Commissioner if it is –

(a) delivered to the Commissioner personally; or

(b) delivered at the office of the Commissioner to a person employed in that office; or

(c) sent to the office of the Commissioner by post, addressed to the Commissioner.

6.   Preparation of documents

(1)  A document required by the Act to be lodged with the Commissioner must –

(a) be on A4 paper with a margin of at least 2.5 centimetres on the left hand side and at least one centimetre on the right hand side of the paper; and

(b) not be altered in any way; and

(c) be legible.

(2)  The Commissioner may refuse to accept a document that in the Commissioner's opinion does not comply with subregulation (1) .

7.   Certificate of incorporation

A certificate of incorporation under section 8 of the Act is to be in accordance with Form 1 .

8.   Change of name of incorporated association

An application for the approval of the Commissioner under section 10(2) of the Act is to be –

(a) by way of a notice of special resolution in accordance with Form 2 ; and

(b) verified by –

(i) the signature of the public officer of the association; and

(ii) the seal of the association; and

(iii) the inclusion of a copy of the resolution; and

(c) lodged with the Commissioner within a period of one month after the passing of the special resolution.

9.   Certificate of incorporation of association on change of name

A new certificate of incorporation issued under section 10(3) of the Act is to be in accordance with Form 3 .

10.   Vesting of property in incorporated association

(1)  The following are prescribed as the particulars and other matters to be specified in a memorial delivered to the Registrar of Deeds under section 13(2) of the Act:

(a) in the case of land –

(i) that is not shown on a sealed plan within the meaning of Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 , a description of the land by metes and bounds; or

(ii) that is shown on such a plan, a reference to that plan;

(b) the name of the association in which the land to which the notice relates, or any interest in that land, is to be vested;

(c) particulars of the nature of the interest in that land that is to be vested in the association;

(d) the name and addition of each person who appears by the register to hold that land or interest;

(e) a statement that, upon the registration of the memorial, that land or interest becomes vested in the association by virtue of the operation of section 13 of the Act.

(2)  The following are prescribed as the particulars and other matters to be specified in a notice lodged with the Recorder of Titles under section 13(3) of the Act:

(a) the number of the volume and folio of the register containing the grant or certificate of title to the land to which the notice relates;

(b) the name of the association in which the land, or any interest in the land, is to be vested;

(c) particulars of the nature of the interest in the land that is to be vested in the association;

(d) the name and addition of each person who appears from the register to hold the land or interest;

(e) a statement that, upon the entry of a memorial under that section on the grant or certificate of title of that land, the land or interest becomes vested in the association by virtue of the operation of section 13 of the Act.

11.   Notification by public officer

A notice under section 15(2) or (3) of the Act is to be in accordance with Form 4 .

12.   Alteration of rules of incorporated association

A notice of alteration under section 18(2) of the Act is to be by way of a notice of special resolution in accordance with Form 2 .

13.   Special resolutions

(1)  A notice under section 23(3) of the Act of the passing of a special resolution is to be in accordance with Form 2 .

(2)  A notice under section 25(2) of the Act of the passing of a special resolution is to be –

(a) in accordance with Form 5 ; and

(b) signed by the public officer of the association; and

(c) sealed with the seal of the association; and

(d) lodged with the Commissioner within one month after the date of the meeting at which the special resolution to which it relates was passed.

14.   Certificate of incorporation of association formed by the amalgamation of associations

A new certificate of incorporation issued under section 25(4) of the Act is to be in accordance with Form 6 .

15.   Application to bring company under Act

An application under section 25A of the Act is to contain the following particulars:

(a) evidence of the incorporation, formation or registration of the company;

(b) particulars of any trust relating to the company, society, institution, association or body;

(c) a copy of any deed or other instrument creating or embodying any trust referred to in paragraph (b) .

PART 3 - Appeals under section 35 of Act

16.   Notice of appeal

(1)  An appeal under section 35 of the Act is to –

(a) be by notice in writing; and

(b) state clearly the grounds of appeal.

(2)  A copy of the notice of appeal is to be served on, or sent by certified mail to –

(a) the Commissioner; and

(b) the clerk of petty sessions for the district in which the appeal is to be heard; and

(c) either –

(i) the public officer of the association, if the appeal is brought by a member or creditor of the association; or

(ii) each person who appears from the records of the association to be a creditor of the association, if the appeal is brought by the public officer of the association.

(3)  A copy of the notice of appeal is to be accompanied by a statement, signed by the appellant, specifying –

(a) the names and addresses of all persons on whom or to whom copies of the notice have been or are proposed to be served or sent; and

(b) the dates on which those copies were served on or sent to each of those persons.

(4)  The magistrate hearing an appeal may direct that the notice of appeal be served on any person the magistrate thinks fit.

17.   Representation

The Commissioner and each party to an appeal is entitled to be represented by a barrister or solicitor.

18.   Hearing of appeal

(1)  The magistrate may summon witnesses to give evidence at the hearing of an appeal on the application of –

(a) a party to the appeal; or

(b) the Commissioner.

(2)  On the hearing of an appeal, the appellant is not entitled to raise any ground of appeal other than one contained in the notice of appeal.

(3)  The magistrate may adjourn the hearing from time to time and from place to place.

(4)  If the Commissioner or any party to an appeal fails to appear at the time and place at which the hearing of the appeal is to commence, the magistrate may –

(a) if the appellant fails to appear, dismiss the appeal; or

(b) if the Commissioner or the other party to the appeal fails to appear, hear the appeal or adjourn it to some other date.

19.   Determination of appeal

On the determination of an appeal the magistrate is to –

(a) make an order in writing; and

(b) cause copies of that order to be made available to the parties to the appeal and to the Commissioner.

PART 4 - Miscellaneous

20.   Fees

The fees specified in Schedule 2 are payable in respect of the matters to which they relate.

21.   Rescission

The Associations Incorporation Regulations 1965 are rescinded.

SCHEDULE 1 - Forms

Regulation 4

Form 1

Form 2

Form 3

Form 4

Form 5

Form 6

SCHEDULE 2 - Fees

Regulation 20

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 1997

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) prescribe forms, particulars and other matters for the purpose of the Associations Incorporation Act 1964 ; and

(b) prescribe the fees payable under that Act; and

(c) provide for appeals under section 35 of that Act; and

(d) rescind the Associations Incorporation Regulations 1965 .