Government of the State of Victoria, Australia

Name: Associations Incorporation Act 1981 — Part VIIIA
Author: Government of the State of Victoria, Australia

Biographical details

The Government of the State of Victoria, Australia, is the author of the Associations Incorporation Act 1981, a legislative framework regulating the establishment, administration, and winding-up of incorporated associations. Central themes include legal responsibility, asset management, and adherence to procedures, as demonstrated in provisions concerning the termination of trusts, the allocation of resources, and sanctions for improper conduct.

Key sections, such as Part IV’s guidelines on asset disposal, Part II’s provisions on organizational flexibility, and Part IX’s enforcement procedures, highlight the Act’s function in balancing independence with regulatory control. This legislation encapsulates Victoria’s approach to institutional governance through precise legal definitions.

Quotes by Government of the State of Victoria, Australia

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ In any case where property is held by an incorporated association upon trust and the trust has come wholly or partly to an end then, notwithstanding that the deed or other instrument creating or embodying the trust or the rules of the incorporated association do not contain any power to dispose of the property or forbid the disposal of the property, the public officer of the incorporated association may, with the authority of the committee of the incorporated association, apply to the Minister for authority to dispose of the whole or part of the property. ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ If a person is aggrieved by the cancellation of the incorporation of an association, the Supreme Court, on an application made by the person at any time within 15 years after the cancellation, may if satisfied that it is just that the incorporation of the association be reinstated, order the Registrar to reinstate the incorporation of the association. ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ Act 1987, a person has committed a prescribed offence, the Registrar or a person authorised by the Registrar may, subject to subsection (2) , serve on the person an infringement notice— [49]
(a)
in accordance with the Infringements Act 2006; [50] and
(b)
in the case of a prescribed offence constituted by a failure to do a particular act or thing, state in the notice that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty. ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ For the purpose of this Act, an association or incorporated association shall not be deemed to trade or to secure pecuniary profit for its members or to be formed or carried on for the purpose of trading or securing pecuniary profit for its members by reason only of any one or more of the following circumstances—
(a)
that the association or incorporated association itself makes a pecuniary profit, unless that profit or any part of it is divided among or received by the members or some of them ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ While an inspector retains possession of a document, the inspector must permit a person who would be entitled to inspect the document were it not in the possession of the inspector to inspect the document at any reasonable time and make a copy of, or take extracts from, the document. ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ Act 2001 provides for the application of provisions of the Corporations Act and Part 3 of the ASIC Act as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. (3)
The following modifications to the text of the Corporations Act apply for the purposes of subsections (1) and (2) —
(a)
a reference to a company or body is to be read as a reference to an incorporated association ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ If the Registrar is satisfied that it is in the public interest that restricted personal information be released to a person who applies for it, the Registrar may release some or all of the information to the person on any condition that the Registrar thinks fit. ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ The cancellation of incorporation does not affect the winding up of the association.
(3)
If the Registrar is of the opinion that any other incorporated association is not in operation he or she may, by notice, require the incorporated association to show good cause why its incorporation should not be cancelled. ”

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Source: Wikisource

Government of the State of Victoria, Australia, Associations Incorporation Act 1981…

“ An incorporated association may apply to the Supreme Court to review a decision of the Registrar to give a certificate under section 35.
(2)
An application under subsection (1) must be made within 28 days after the certificate is given. ”

Government of the State of Victoria, Australia

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