expedient in consequence of the vesting of the land in the association; or (b) to bring the land under the operation of that Act. Division 2—Registration of existing bodies 10 Meaning of registrable body s. 10 (1) For the purposes of this Division, a registrable body includes— (a) a company limited by guarantee, within the meaning of the Corporations Act, that is taken to be registered in Victoria; S. 10(1)(b) amended by No. 9/2013 s. 42(Sch. 2 item 2). (b) a co-operative, society, association, institution or body formed, incorporated or registered (whether before or after the commencement of this Act) under the Cooperatives National Law (Victoria) or any Act relating to the incorporation, formation or registration of co-operatives, societies, associations, institutions or bodies. (2) However, for the purposes of this Division, a registrable body does not include a trade union registered under the Trade Unions Act 1958. 11 Eligibility to apply to be registered under this Act s. 11 (1) A registrable body is eligible to apply for incorporation under this Act if— (a) the body has— (i) in the case of a company—passed a special resolution, within the meaning of the Corporations Act, approving the application; or
member in respect of that member's status as a member of the association. (2) Subject to subsections (3) and (4), the procedure (disciplinary procedure) under which disciplinary action is taken must be in accordance with the procedure (if any) provided by the rules of the association. (3) In applying the disciplinary procedure, the association must ensure that— (a) the member who is the subject of the disciplinary procedure— (i) is informed of the grounds upon which the disciplinary action against the member is proposed to be taken; and (ii) has been given an opportunity to be heard in relation to the matter; and (b) the outcome of the disciplinary procedure is determined by an unbiased decision-maker; and (c) to the extent that doing so is compatible with paragraphs (a) and (b), the disciplinary procedure is completed as soon as is reasonably practicable. (4) A member of an incorporated association who is the subject of a disciplinary procedure must not initiate a grievance procedure in relation to the matter which is the subject of the disciplinary procedure until the disciplinary procedure has been completed. 55 Grievance procedure s. 55
(3) The report provided under subsection (2)(b) must— (a) be prepared in accordance with Auditing Standards on Review Engagements; and (b) state whether the financial records kept by the association are such as to enable financial statements to be prepared in accordance with Australian Accounting Standards. (4) For the purposes of this section, the Registrar may approve a suitably qualified person or class of suitably qualified persons (other than a person who is not an independent person) to review the statements of a tier two association or a class of tier two associations. 97 Submission of financial statements to annual general meeting s. 97 (1) At the first annual general meeting of a tier two association following a financial year of the association, the committee must submit to the members the financial statements for that financial year. (2) The financial statements must— (a) give a true and fair view of the financial position and performance of the association during and at the end of its last financial year; and (b) have attached a certificate in the prescribed form signed by two members of the committee certifying that that is the case; and (c) be accompanied by the report of the review of its financial statements provided under section 96(2)(b).
147 Receivers and other controllers of property of incorporated association s. 147 The entering into possession or assumption of control of any property of an incorporated association by a receiver or any other controller is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to the provisions of Part 5.2 (Receivers, and other controllers, of property of corporations) of the Corporations Act subject to the following modifications— (a) the modifications referred to in section 145; (b) any applicable modifications referred to in section 154; (c) any other modifications (within the meaning of Part 3 of the Corporations (Ancillary Provisions) Act 2001) prescribed by the regulations. 148 Voluntary administration The voluntary administration of an incorporated association is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Part 5.3A (Administration of a company's affairs with a view to executing a deed of company arrangement) of the Corporations Act, subject to the following modifications— (a) the modifications referred to in section 145; (b) any applicable modifications referred to in section 154;
35 597(13) 60 penalty units 36 597A(3) 120 penalty units or imprisonment for 1 year or both Sch. 3 __________________ SCHEDULE 4 Sch. 4 Section 223 1 Definitions (1) In this Schedule— commencement day means the day on which section 224 comes into operation; corresponding provision means a provision of this Act that re-enacts (with or without modification) a provision of the Associations Incorporation Act 1981; old model rules means the model rules made under the Associations Incorporation Act 1981; old rules, of an incorporated association, has the meaning given in clause 7(1). (2) For the purposes of the definition of corresponding provision in subclause (1), in determining whether a provision is a corresponding provision— (a) regard must be had to the substance of the provision; and
General Information Minister's second reading speech— Legislative Assembly: 7 December 2011 Legislative Council: 29 March 2012 The long title for the Bill for this Act was "A Bill for an Act to re-enact the law providing for the incorporation of voluntary associations and the registration of other bodies as incorporated associations and to make provision for the corporate governance, financial accountability and other matters relating to the rules and membership of those associations, to repeal the Associations Incorporation Act 1981 and for other purposes." The Associations Incorporation Reform Act 2012, No. 20/2012 was assented to on 1 May 2012 and came into operation as follows: Sections 224 and 225 on 2 May 2012: section 2(1); rest of Act on 26 November 2012: Special Gazette (No. 384) 20 November 2012 page 1. Table of Amendments Endnotes This Version incorporates amendments made to the Associations Incorporation Reform Act 2012 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 240(Sch. 7 items 1, 2) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 : This information relates only to the provision/s amending the Associations Incorporation Reform Act 2012 Co-operatives National Law Application Act 2013, No. 9/2013 Assent Date: 13.3.13 Commencement Date: S. 42(Sch. 2 item 2) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 : This information relates only to the provision/s amending the Associations Incorporation Reform Act 2012 Consumer Affairs Legislation Amendment Act 2013, No. 57/2013 Assent Date: 22.10.13 Commencement Date: S. 3 on 26.11.12: s. 2(2); ss 4, 5 on 23.10.13: s. 2(3) : This information relates only to the provision/s amending the Associations Incorporation Reform Act 2012 Statute Law Revision Act 2013, No. 70/2013