# Associations Incorporation Act 1981 (Victoria)

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Associations Incorporation Act 1981 (Victoria) is the act of the Parliament of Victoria in Australia to make provision for the incorporation of certain associations, for the regulation of these incorporated associations.
It was assented to on January 5, 1982 and came into operation on July 1, 1983 after being printed in the Government Gazette on May 25, 1983 (page 1238).
TABLE OF PROVISIONS
An Act to make Provision for the Incorporation of certain Associations, for the Regulation of certain Affairs of Incorporated Associations, to amend the Evidence Act 1958 and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

## PART I-PRELIMINARY

1. Short title and commencement
2. Repealed
3. Definitions

## PART II-INCORPORATION

4. Authority to apply for incorporation
5. Application for incorporation
6. Rules of association
7. Certificate of incorporation
8. Vesting of property
9. Application for making of recordings in the Register
10. Application to bring companies etc. under this Act
11. Incorporation of company etc.

## PART III-NAMES AND REGISTERED ADDRESSES

12. Name of association
12A. Name to appear on business documents
13. Change of name
13A. Registered address of incorporated association

## PART IV-EFFECTS OF INCORPORATION

14. Interpretation
14A. Rights of members under rules
14B. Grievance procedure
15. Rights and liabilities of members
16. Powers of incorporated association
17. Ultra vires transactions
18. Disposal of trust property
19. Confirmation of contracts and authentication and execution of documents
20. Ratification of contracts made before incorporation of association
21. Purposes and rules
22. Alteration of rules
22A. Rules to be made available to members

## PART V-MANAGEMENT

23. First committee of incorporated association
24. First public officer
25. Public officer
26. Public officer may hold other offices
27. Removal of public officer and vacancy in office
28. Address of public officer
29. Special resolution
29A. Duties of committee members
29B. Disclosure of interest
29C. Voting on contract in which committee member has interest

## PART VI-GENERAL MEETINGS AND ACCOUNTS

30. Annual general meeting
30A. Accounting records
30B. Accounts of prescribed associations

## PART VII-AMALGAMATION

31. Amalgamation of incorporated associations

## PART VIIA-TRANSFER OF INCORPORATION

31A. Definition
31AA. Voluntary transfer of incorporation
31AB. Direction to transfer incorporation
31AC. Notice to Registrar
31B. Validity of contracts
31C. Effect of transfer of incorporation

## PART VIII-WINDING UP AND CANCELLATION

    Division 1-Voluntary winding up
32. Definitions
33. Voluntary winding up
33A. Distribution of assets on voluntary winding up in accordance with special resolution
33B. Distribution of assets on voluntary winding up without special resolution relating to assets
33C. Certain assets not to be distributed on voluntary winding up
33D. Application to Supreme Court by persons aggrieved under a voluntary winding up
33E. Distribution of assets of incorporated association subject to trusts
    Division 2-Winding up by the court
34. Winding up by the court
    Division 3-Winding up on certificate of Registrar
35. Winding up on certificate of Registrar
36. Procedure before certification
36A. Review of certificate
36B. Procedure for winding up on certificate
36C. Costs of winding up
    Division 4-Application of Corporations legislation
36D. Declaration of applied Corporations legislation matter
    Division 5-Cancellation of incorporation
36E. Cancellation of incorporation
36F. Vesting of property after cancellation
37. Reinstatement of cancelled association

## PART VIIIA-POWERS OF INSPECTION

37A. Definition
37B. Repealed
37C. Production of identity card
37D. Inspectors may require certain persons to appear, answer questions and produce documents
37E. Inspector's powers of entry
37EA. Entry without consent or warrant
37F. Search warrant
37G. Announcement before entry
37H. Details of warrant to be given to occupier
37I. Seizure of documents or things not mentioned in the warrant
37J. Power of inspector to require information or documents
37K. Functions of inspectors in relation to relevant documents
37L. Offence-failing to comply with requirements of inspector
37M. Protection against self-incrimination
37N. Privilege
37O. Police aid for inspectors
37P. Entry to be reported to the Director
37PA. Register of exercise of powers of entry
37PB. Complaints
37Q. Secrecy

## PART IX-MISCELLANEOUS

38. Registrar of Incorporated Associations
38A. Registrar may enter into arrangements or agreements
38B. Delegation by Minister
39. Register
39A. Corrections of register
39B. Restriction of personal information
39C. Rights of review
40. Inspection of register
40A. Duplicate certificate of incorporation
41. Notice of register etc.
42. Authority of public officer etc.
43. Translation of instruments
44. Evidentiary provisions
45. Payment of fees on lodging documents
45A. Method of lodgment
45B. Approval of special lodging arrangements
45C. Signatures
45D. Waiver or refund of fees
46. Incorrect etc. documents lodged with Registrar
47. Copies or extracts of records to be admitted in evidence
48. Service of documents
49. False or misleading statements
49A. Retention of documents
50. Penalties
50A. Continuing offences
50B. Infringement notices
50C. Application of Fair Trading Act 1999.
51. Incorporated association not to trade etc.
52. Offence for using certain names
53. Incorporated association excluded from Corporations legislation
53A. Exemption from stamp duty
54. Regulations
55. Transitional provisions

## PART X-Repealed

SCHEDULE-Matters to be Provided for in the Rules of an Incorporated Association

## Endnotes

* General Information
    The Associations Incorporation Act 1981 was assented to on 5 January 1982 and came into operation on 1 July 1983: Government Gazette 25 May 1983 page 1238.
* Table of Amendments
* Explanatory Details
    $^1$S. 11(1)(a): See regulation 4 of the Corporations (Ancillary Provisions) Regulations 2001, S.R. No. 63/2001.
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