Associations Incorporation Regulations 2017

Associations Incorporation Regulations 2017

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 .

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Building and Construction

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Associations Incorporation Regulations 2017 .

2.   Commencement

These regulations take effect on 28 November 2017.

3.   Interpretation

(1)  In these regulations –

Act means the Associations Incorporation Act 1964 ;

document means a form set out in Schedule 1;

Registry has the same meaning as in the Registration of Deeds Act 1935 .

(2)  In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

PART 2 - Documents

4.   Lodgment of documents

A document is taken to be lodged with the Commissioner for the purposes of the Act if it is –

(a) given to the Commissioner; or

(b) left at the office of the Commissioner with a person employed in that office; or

(c) sent by post to the office of the Commissioner; or

(d) emailed to the Commissioner's email address.

5.   Preparation of documents

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

(a) be in A4 format; 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) .

6.   Prescribed bodies corporate

For the purposes of the definition of prescribed body corporate in section 2(1) of the Act, each Aboriginal and Torres Strait Islander corporation, within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth, is prescribed.

7.   Certificates of incorporation of associations

For section 8(1) of the Act, the prescribed form is Form 1.

8.   Applications to change name of incorporated associations

(1)  For section 10(2)(a) of the Act, the prescribed Form is Form 2.

(2)  For section 10(2)(b) of the Act, the prescribed verification is –

(a) the signature of the public officer of the association on Form 2; and

(b) the seal of the association on Form 2; and

(c) the setting out of the special resolution of the association on Form 2 or by the annexure of the special resolution to that Form.

(3)  For section 10(2)(c) of the Act, the prescribed period is one month after the date of the meeting at which the special resolution for the change of the name was passed.

9.   Matters specified in memorials or notices under section 13(2) of Act

(1)  For section 13(2) of the Act, the following particulars and matters are prescribed:

(a) in the case of land –

(i) if the land is shown on a sealed plan as defined in Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 , a reference to that sealed plan; or

(ii) if the land is not shown on such a sealed plan, a description of the land by metes and bounds;

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

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

(d) the full name of each person who appears from the Registry to hold the land or interest in the land;

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

(2)  For section 13(3) of the Act, the following particulars and matters are prescribed:

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

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

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

(d) the full name of each person who appears from the certificate of title to hold the land or interest in the land;

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

10.   Notices of alteration of rules, objects, &c., of incorporated associations

For section 18(2) of the Act, the prescribed form is Form 2.

11.   Notices of passing of special resolutions

(1)  For section 23(3) of the Act, the prescribed form is Form 2.

(2)  For section 25(2) of the Act, the prescribed form is Form 3.

12.   Applications for incorporation of associations under Act

For section 25A(3)(c) of the Act, the following particulars are prescribed:

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

(b) details of any trust relating to the company;

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

PART 3 - Miscellaneous

13.   Fees and penalties

A fee or penalty specified in Column 4 of Schedule 2 is prescribed for the purposes of the section of the Act specified, opposite the fee, in Column 2 of that Schedule.

SCHEDULE 1 - Forms

Regulation 3(2)

Form 1 - Certificate of Incorporation of Association

Regulation 7

Form 2 - Notice of Special Resolution

Regulation 8(1) and (2) ,  10 and  11(1)

Form 3 - Notice of Passing of Special Resolution for Amalgamation

Regulation 11(2)

SCHEDULE 2 - Fees

Regulation 13

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

Notified in the Gazette on 8 November 2017