Incorporated Societies Amendment Act 2005

1: Title
1: This Act is the Incorporated Societies Amendment Act 2005.
2: In this Act, the Incorporated Societies Act 1908 the principal Act Incorporated Societies Amendment Act 1920 the amendment Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act
3: New
section 7 The principal Act is amended by repealing section 7
7: How to apply for incorporation
1: An application for incorporation may be made by sending to the Registrar—
a: a copy of the rules of the society on which is written an application that is—
i: in the form set out in the First Schedule
ii: signed by not less than 15 members in accordance with subsections (2) and (3)
b: a certificate by an officer of the society or a solicitor certifying that—
i: a majority of the members have consented to the application; and
ii: the rules that are endorsed with the application are the rules of the society; and
c: the prescribed fee.
2: The signature of each member must be—
a: witnessed by a person who has not signed the rules; and
b: accompanied by the member's address.
3: In the case of a corporate subscriber that has a seal, the seal may also be affixed as part of its signature.
4: New
section 8 The principal Act is amended by repealing section 8
8: Steps that Registrar must take if satisfied that requirements met
The Registrar, if satisfied that the requirements of this Act have been met, must do the following things:
a: enter the name of the society in the register kept by the Registrar for the purposes of this Act, together with any other information relating to the society that the Registrar thinks appropriate; and
b: issue a certificate, sealed by the Registrar, that the society is incorporated under this Act; and
c: register the rules of the society by sealing them with the Registrar's seal.
5: Alteration of rules
Section 21 subsection (2)
2: Every alteration of the rules must be—
a: in writing; and
b: signed by at least 3 members of the society; and
c: delivered to the Registrar accompanied by a certificate by an officer of the society or a solicitor certifying that the alteration has been made in accordance with the rules.
6: New
section 22 The principal Act is amended by repealing section 22
22: Register of members
1: Every society must keep a register of its members.
2: The register must contain the names and addresses of the members, and the dates when they became members.
3: Every society must, on request by the Registrar, send to the Registrar a list of the names and addresses of its members, accompanied by a certificate by an officer of the society certifying that the list is correct.
7: Schedule 1 The heading of Schedule 1 Section 7(a) s 7(1)(a) Amendments to amendment Act
8: New
section 3 The amendment Act is amended by repealing section 3
3: How to apply for incorporation of branch
1: An application for incorporation of a branch or group of branches of a society registered under the principal Act may be made by sending to the Registrar—
a: a copy of the rules of the branch or group on which is written an application for incorporation that is signed, in accordance with subsections (2) and (3)
i: by not less than 2 of the executive officers of the society; and
ii: in the case of a local branch, by not less than 15 members of that branch, or, in the case of a group of branches, by not less than 2 members of each of the branches in the group; and
b: a certificate by an officer of the society or a solicitor certifying that—
i: a majority of the members of the branch or branches has consented to the application; and
ii: the rules that are endorsed with the application are the rules of the branch or the group; and
c: the prescribed fee.
2: The signature of a person signing for the purposes of subsection (1)(a)
a: witnessed by a person who has not signed the rules; and
b: accompanied by the address of the person signing.
3: In the case of a body corporate that has a seal, the seal may also be affixed as part of its signature.
9: New
section 4 The amendment Act is amended by repealing section 4
4: Steps that Registrar must take if satisfied that requirements met
1: The Registrar must take the steps set out in subsection (2)
a: the requirements of this Act have been met; and
b: the rules of the branch or group of branches are not inconsistent with the provisions of the principal Act or with the rules of the society.
2: The Registrar must—
a: enter the name of the branch or group of branches in a special register to be kept by the Registrar for the purposes of this Act, together with any other information relating to the branch or branches that the Registrar thinks appropriate; and
b: issue a certificate, sealed by the Registrar, that the branch or group of branches is incorporated under this Act; and
c: register the rules of the branch or group of branches by sealing them with the Registrar's seal.