Associations Incorporation (Model Rules) Amendment Regulations 2016
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 .
20 December 2016C. WARNER
Governor
By Her Excellency's Command,
GUY BARNETT
Minister for Building and Construction
These regulations may be cited as the Associations Incorporation (Model Rules) Amendment Regulations 2016 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Associations Incorporation (Model Rules) Regulations 2007 are referred to as the Principal Regulations.
4. Schedule 1 amended (Model rules for an association)
Schedule 1 to the Principal Regulations is amended by inserting after clause 10 the following clause:10A. Exemptions under the Act(1) For any financial year that the Association is exempt from the requirement to be audited by virtue of section 24(1B) or (1C) of the Act –(a) an auditor is not required to be appointed for that financial year under rule 9 unless the Association elects to have the financial affairs of the Association for that financial year audited in accordance with the Act and these rules; and(b) if an auditor is not appointed for a financial year by virtue of paragraph (a) –(i) rules 9 and 10 do not apply in respect of the Association for that financial year; and(ii) rule 11(5)(b), to the extent that it relates to an auditor, does not apply in respect of the annual general meeting held by the Association in respect of that financial year; and(iii) rule 11(5)(d) does not apply in respect of the annual general meeting held by the Association in respect of that financial year.(2) For any financial year that the Association is exempt from the requirement to provide an annual return by virtue of section 24B(1B) of the Act, the committee must provide, as part of the ordinary business of the annual general meeting for that financial year, a copy of the annual financial report given under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth in respect of that financial year.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 December 2016
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Associations Incorporation (Model Rules) Regulations 2007 by clarifying that certain provisions of the model rules relating to auditing requirements do not apply to an association if the association has an exemption under certain provisions of the Associations Incorporation Act 1964 .