Associations Incorporation Regulation 1999


Queensland Crest
Associations Incorporation Regulation 1999
Queensland Associations Incorporation Act 1981 Associations Incorporation Regulation 1999 Current as at 1 July 2013
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Associations Incorporation Regulation 1999 Contents Part 1 1 2 Part 2 Division 1 3 4 Division 2 5 6 Part 3 Division 1 7 8 Division 2 9 Division 3 10 11 12 Part 4 13 14 14A 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Unsuitable names Names declared to be unsuitable General references. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Olympic and paralympic references . . . . . . . . . . . . . . . . . . . . . . . 8 Application to have unsuitable name General references. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Olympic and paralympic references . . . . . . . . . . . . . . . . . . . . . . . 9 Rules, records and accounting requirements Rules Association rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Model rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Records Record keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Accounting requirements Keeping financial institution account . . . . . . . . . . . . . . . . . . . . . . 12 Cheques issued by association . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Additional accounting requirements . . . . . . . . . . . . . . . . . . . . . . . 13 Miscellaneous Register of associations refused incorporation . . . . . . . . . . . . . . 13 Cancellation of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vesting of property on cancellation of incorporation of particular incorporated associations. . . . . . . . . . . . . . . . . . . . . . . 14 Responsibility of management committee member . . . . . . . . . . . 15
Associations Incorporation Regulation 1999 Contents 16 17 Schedule 1 Schedule 2 Schedule 3 Schedule 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Inspection of registers and documents. . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unsuitable names for incorporated associations—general references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unsuitable names for incorporated associations—olympic and paralympic references . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters for rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Classes of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Automatic membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admission and rejection of new members . . . . . . . . . . . . . . . . . . When membership ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal against rejection or termination of membership . . . . . . . . General meeting to decide appeal . . . . . . . . . . . . . . . . . . . . . . . . Register of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on use of information on register of members . . . . . . Appointment or election of secretary . . . . . . . . . . . . . . . . . . . . . . Removal of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of management committee . . . . . . . . . . . . . . . . . . . Electing the management committee . . . . . . . . . . . . . . . . . . . . . . Resignation, removal or vacation of office of management committee member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancies on management committee . . . . . . . . . . . . . . . . . . . . Functions of management committee . . . . . . . . . . . . . . . . . . . . . Meetings of management committee . . . . . . . . . . . . . . . . . . . . . . Quorum for, and adjournment of, management committee meeting ..................................... Special meeting of management committee . . . . . . . . . . . . . . . . Minutes of management committee meetings . . . . . . . . . . . . . . . Appointment of subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 15 15 16 19 20 24 24 24 24 24 25 25 25 26 26 27 28 28 29 29 30 31 31 32 32 33 34 34 35 36 37 38 38
28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Schedule 5 Schedule 5A Schedule 5B Schedule 6 Associations Incorporation Regulation 1999 Contents Acts not affected by defects or disqualifications . . . . . . . . . . . . . . Resolutions of management committee without meeting. . . . . . . First annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsequent annual general meetings . . . . . . . . . . . . . . . . . . . . . Business to be conducted at annual general meeting of level 1 incorporated associations and particular level 2 and 3 incorporated associations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business to be conducted at annual general meeting of other level 2 incorporated associations . . . . . . . . . . . . . . . . . . . . . . . . . Business to be conducted at annual general meeting of other level 3 incorporated associations . . . . . . . . . . . . . . . . . . . . . . . . . Notice of general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum for, and adjournment of, general meeting. . . . . . . . . . . . Procedure at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at general meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alteration of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funds and accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General financial matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of surplus assets to another entity. . . . . . . . . . . . . . . Additional accounting requirements . . . . . . . . . . . . . . . . . . . . Former associations whose property is vested in the public trustee ........................................ Former associations whose divested property is divested from the public trustee and vested in persons or incorporated associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39 39 39 39 40 41 41 42 43 43 44 45 46 47 47 47 48 48 49 49 49 50 52 65 68 Endnotes 1 2 3 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 70 70 Page 3
Associations Incorporation Regulation 1999 Contents 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 72 74 Page 4
Associations Incorporation Regulation 1999 Part 1 Preliminary [s 1] Associations Incorporation Regulation 1999 [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Associations Incorporation Regulation 1999 . 2 Definitions In this regulation— former association see section 14A(4). Sydney Olympic Games means the Summer Games of the Twenty-Seventh Olympiad to be conducted under the auspices of the International Olympic Committee. Sydney Paralympic Games means the Paralympic Games to be held in Sydney in 2000 to be conducted under the auspices of the International Paralympic Committee. Part 2 Unsuitable names Division 1 Names declared to be unsuitable 3 General references (1) For section 43 of the Act, each of the following is an unsuitable name— Current as at 1 July 2013 Page 5
Associations Incorporation Regulation 1999 Part 2 Unsuitable names [s 3] Page 6 (a) a name containing a word or phrase mentioned in schedule 1, part 1, or an abbreviation of the word or phrase; (b) a name containing a word or phrase with the same or a similar meaning to a word or phrase mentioned in schedule 1, part 1, or an abbreviation of the word or phrase; (c) a name containing a word or phrase mentioned in schedule 1, part 2, column 1; (d) a name containing the word ‘Commonwealth’ or ‘Federal’; (e) a name suggesting, in the context in which it is proposed to be used, a connection with— (i) the Commonwealth, a State or Territory; or (ii) the Commonwealth Government; or (iii) the Government of a State or Territory; or (iv) a local government; or (v) the government of a part of the Queen’s dominions; or (vi) a department, authority or instrumentality of the Commonwealth Government; or (vii) a department, authority or instrumentality of the government of a State or Territory; (f) a name suggesting, in the context in which it is proposed to be used, a connection, if it does not exist, with— (i) a member of the Royal Family; or (ii) the receipt of Royal patronage; or (iii) an ex-servicepersons’ organisation; (g) a name suggesting, in the context in which it is proposed to be used, the members of an association are totally or partially incapacitated if it is not the case; (h) a name that may reasonably be mistaken for— Current as at 1 July 2013
Associations Incorporation Regulation 1999 Part 2 Unsuitable names [s 3] (i) the name of another association incorporated under an Act; or (ii) the name of a cooperative registered under the Cooperatives Act 1997 ; or (iii) a name— (A) registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth), section 22; or (B) held under the Business Names Registration Act 2011 (Cwlth), section 54; or (C) held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5; (i) a name that— (i) appears on the National Names Index created by the Australian Securities and Investments Commission; and (ii) is identical to a name reserved or registered under the Corporations Law; (j) a name likely to offend a reasonable person; (k) a name likely to deceive a reasonable person about the nature or identity of an association. (2) In deciding for subsection (1)(i) whether a name appearing on the National Names Index is identical to a name reserved or registered under the Corporations Law , the following matters are to be disregarded— (a) that the definite or indefinite article is the first word in 1 or both names; (b) the use of ‘Proprietary’, ‘Pty’, ‘Limited’, ‘Ltd’, ‘No Liability’, ‘NL’, ‘Incorporated’, ‘Inc’, ‘Cooperative’ or ‘Co-op’ in 1 or both names; (c) that the same word is used in the singular or plural in the names; Current as at 1 July 2013 Page 7
Associations Incorporation Regulation 1999 Part 2 Unsuitable names [s 4] (d) the type, size and case of letters, the size of any numbers or other characters, spaces between letters, numbers or characters, punctuation marks and any accents used in the names; (e) that 1 name contains a word stated in schedule 1, part 3, column 1 and the other name contains an alternative for that word stated in column 2. 4 Olympic and paralympic references For section 43 of the Act, each of the following is also an unsuitable name— (a) a name containing a phrase mentioned in schedule 2, part 1; (b) a name containing a word, or an abbreviation of a word, mentioned in schedule 2, part 2, column 1, in conjunction with a word, or an abbreviation of a word, mentioned in column 2; (c) a name containing the word ‘24th’, ‘twenty-fourth’ or ‘XXIVth’ in conjunction with the word ‘olympic’, ‘olympics’ or ‘games’; (d) a name containing the word ‘27th’, ‘twenty-seventh’ or ‘XXVIIth’ in conjunction with the word ‘olympiad’; (e) a name containing the word ‘Sydney’ in conjunction with the number ‘2000’ or the words ‘two thousand’; (f) a name containing the word ‘gold’ in conjunction with the number ‘2000’ or the words ‘two thousand’; (g) a name containing the word ‘games’ in conjunction with the number ‘2000’ or the words ‘two thousand’; (h) a name containing a word, or an abbreviation of a word, mentioned in schedule 2, part 2, column 1 suggesting, in the context in which it is proposed to be used, a connection with the Sydney Olympic Games; (i) a name containing a word, or an abbreviation of a word, mentioned in schedule 2, part 2, column 1 suggesting, in Page 8 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Part 2 Unsuitable names [s 5] the context in which it is proposed to be used, a connection with the Sydney Paralympic Games; (j) another name suggesting, in the context in which it is proposed to be used, a connection with either of the following— (i) the Sydney Olympic Games; (ii) the Sydney Paralympic Games. Division 2 Application to have unsuitable name 5 General references An application under section 45(1) of the Act to have a name that is, or includes, an unsuitable name mentioned in schedule 1, part 2, column 1 must be accompanied by the written agreement of the person mentioned in column 2 opposite the name. 6 Olympic and paralympic references (1) A Sydney (Olympic) application must be accompanied by the written agreement of the Sydney Organising Committee for the Olympic Games. (2) A Sydney (Paralympic) application must be accompanied by the written agreement of the Sydney Paralympic Organising Committee Limited. (3) In this section— Sydney (Olympic) application means an application to have, as an association’s name— (a) a name mentioned in section 4(a) to (g) suggesting, in the context in which it is proposed to be used, a connection with the Sydney Olympic Games; or (b) a name mentioned in section 4(h) or (j)(i). Current as at 1 July 2013 Page 9
Associations Incorporation Regulation 1999 Part 3 Rules, records and accounting requirements [s 7] Sydney (Paralympic) application means an application to have, as an association’s name— (a) a name mentioned in section 4(a) to (g) suggesting, in the context in which it is proposed to be used, a connection with the Sydney Paralympic Games; or (b) a name mentioned in section 4(i) or (j)(ii). Part 3 Rules, records and accounting requirements Division 1 Rules 7 Association rules The rules of an incorporated association must provide for the matters in schedule 3. 8 Model rules The model rules for an incorporated association are in schedule 4. Division 2 Records 9 Record keeping (1) An incorporated association must keep the following records— (a) a cash book or statement of amounts received and paid; (b) a receipt book of receipt forms; Page 10 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Part 3 Rules, records and accounting requirements [s 9] (c) records of the account the association keeps with a financial institution that are given to the association by the financial institution; (d) a register of members; (e) a register of assets; (f) a petty cash book; (g) a minute book of the management committee. Maximum penalty—4 penalty units. (2) Unless a receipt book mentioned in subsection (1)(b) is kept by way of a computer system record, it must— (a) contain receipt forms printed in duplicate and consecutively numbered; or (b) be kept on the numbered butt principle. (3) If the chief executive considers the appropriate circumstances exist, the chief executive may also require an incorporated association to keep the following records— (a) a ledger; (b) a journal. (4) An incorporated association must comply with a requirement under subsection (3). Maximum penalty—4 penalty units. (5) An incorporated association must ensure its records are kept in the English language in a way that— (a) correctly records and explains its transactions and financial position; and (b) enables a financial statement for the association to be prepared; and (c) enables the financial statement to be properly and conveniently— (i) audited by— Current as at 1 July 2013 Page 11
Associations Incorporation Regulation 1999 Part 3 Rules, records and accounting requirements [s 10] (A) for a level 1 incorporated association—an auditor or an accountant; or (B) for a level 2 incorporated association, or a level 3 incorporated association, to which section 59 of the Act applies—an auditor, an accountant or an approved person; or (ii) for a level 2 incorporated association to which section 59A of the Act applies—examined by an auditor, an accountant or an approved person in order to prepare the statement mentioned in section 59A(2)(b)(ii) of the Act; or (iii) for a level 3 incorporated association to which section 59B of the Act applies—examined by the association’s president or treasurer in order to prepare the statement mentioned in section 59B(2)(b)(ii) of the Act. Maximum penalty—4 penalty units. Division 3 Accounting requirements 10 Keeping financial institution account An incorporated association must keep an account in Queensland with a financial institution. Maximum penalty—4 penalty units. 11 Cheques issued by association (1) A cheque issued by an incorporated association must be signed by any 2 of the following individuals— (a) the president of the association; (b) the secretary of the association; (c) the treasurer of the association; Page 12 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Part 4 Miscellaneous [s 12] (d) another member of the association approved under subsection (4). (2) However, 1 of the persons who signs a cheque must be the president, the secretary or the treasurer. (3) An incorporated association must comply with the requirements under subsection (1) and (2). Maximum penalty—4 penalty units. (4) For subsection (1)(d), the management committee of an incorporated association may authorise up to 3 members of the association to sign cheques issued by the association. 12 Additional accounting requirements (1) Additional accounting requirements for an incorporated association are in schedule 5. (2) An incorporated association must comply with the requirements under subsection (1). Maximum penalty—4 penalty units. Part 4 Miscellaneous 13 Register of associations refused incorporation The chief executive must keep a register of associations refused incorporation. 14 Cancellation of incorporation (1) This section applies if the incorporation of an incorporated association is cancelled under section 93(2) of the Act. (2) The chief executive must immediately remove the name of the association from the register of incorporated associations. Current as at 1 July 2013 Page 13
Associations Incorporation Regulation 1999 Part 4 Miscellaneous [s 14A] (3) The secretary of the incorporated association must, within 2 months after the day the notice of cancellation is served under section 93(2) of the Act, give to the chief executive— (a) the incorporated association’s certificate of incorporation; or (b) if the certificate of incorporation has been lost or destroyed—a statutory declaration verifying the loss or destruction. Maximum penalty—4 penalty units. 14A Vesting of property on cancellation of incorporation of particular incorporated associations (1) The property of each former association mentioned in schedule 5A is vested in the public trustee. Note The number appearing after a former association’s name is the number the chief executive had administratively assigned to the former association. Editor’s note See the Act, section 94 (Vesting of property on cancellation). (2) Property of a former association mentioned in schedule 5B, column 1, that is vested in the public trustee under subsection (1) is divested from the public trustee and vested in the person or incorporated association shown opposite the former association in schedule 5B, column 2, on trust for the purposes of the association mentioned in column 2. Note The number appearing after an incorporated association’s name is the number the chief executive has administratively assigned to the incorporated association. (3) If more than one person or incorporated association is shown in schedule 5B, column 2, for a particular former association shown in schedule 5B, column 1, the property of the former association is vested in each particular incorporated Page 14 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Part 4 Miscellaneous [s 15] association shown opposite the particular former association in equal shares. (4) In this section— former association means an incorporated association whose incorporation has been cancelled under section 93 of the Act. 15 Responsibility of management committee member Each member of the management committee of an incorporated association must take all reasonable steps to ensure the incorporated association complies with this regulation. Maximum penalty—4 penalty units. 16 Inspection of registers and documents A person may, on payment of the prescribed fee— (a) inspect a register kept by the chief executive under the Act; and (b) obtain an extract from the register; and (c) inspect a document required to be given to the chief executive under the Act; and (d) obtain an extract from, or a certified or uncertified copy of, the document. 17 Fees (1) The fees payable under the Act are in schedule 6. (2) The chief executive may waive all or part of the additional fee for late lodgement of an annual return. Current as at 1 July 2013 Page 15
Associations Incorporation Regulation 1999 Schedule 1 Schedule 1 Unsuitable names for incorporated associations—general references sections 3 and 5 Part 1 Word or phrase building society chamber of commerce chamber of industry chamber of manufacturers chartered college of advanced education cooperative credit society credit union friendly society futures exchange guarantee institute of advanced education savings stock exchange trust trustee university Page 16 Current as at 1 July 2013
Part 2 Associations Incorporation Regulation 1999 Schedule 1 Column 1 Word or phrase Column 2 Agreement required Anzac bank, banker, banking, savings bank (or words or phrases having the same or similar meaning) Geneva Cross, Red Crescent, Red Cross, Red Lion and Sun United Nations Minister for Veterans’ Affairs (Cwlth) Treasurer (Cwlth) Minister for Defence (Cwlth) Minister for Foreign Affairs (Cwlth) Part 3 Column 1 Word 1 assoc 2 association 3 assn 4 and 5 Australian 6 Co 7 Company 8 Corporation Current as at 1 July 2013 Column 2 Alternative association or assn assoc or assn association or assoc & Aust Company or Coy Co or Coy Corp Page 17
Associations Incorporation Regulation 1999 Schedule 1 Column 1 Word 9 Coy 10 Number 11 Qland 12 Qld 13 Queensland Column 2 Alternative Company or Co No Queensland or Qld Queensland or Qland Qld or Qland Page 18 Current as at 1 July 2013
Schedule 2 Associations Incorporation Regulation 1999 Schedule 2 Unsuitable names for incorporated associations—olympic and paralympic references section 4 Part 1 Phrase Games City Gold Games Millennium Games Share the Spirit Summer Games Sydney Games Part 2 Column 1 olympiad olympian olympic olympics paralympian paralympic paralympics Current as at 1 July 2013 Column 2 city games gold millennium summer Sydney two thousand 2000 Page 19
Associations Incorporation Regulation 1999 Schedule 3 Schedule 3 Matters for rules section 7 Part 1 Matters with examples 1 The name of the incorporated association. Example model rules, rule 2 2 The objects of the incorporated association. Example model rules, rule 3 3 Any membership or other fees to be paid by the members of each class of membership of the incorporated association. Example model rules, rule 8 4 Whether or not there is a right of rejection or termination of membership and if so, the way the rejection or termination is decided. Example model rules, rules 9 and 10 5 Whether or not there is a right of appeal against rejection or termination of membership and if so, how the right of appeal may be exercised. Example model rules, rules 11 and 12 6 The recording of minutes of proceedings of management committee meetings and general meetings, and inspection of the minutes of a general meeting by financial members. Example model rules, rules 26(1) and 41(1) and (3) Page 20 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 3 7 The verification of the accuracy of the recorded minutes of meetings. Example model rules, rules 26(2) and 41(2) 8 The amendment or rescission of, or addition to, the rules of the incorporated association. Example model rules, rule 43(1) 9 The validation of an amendment or rescission of, or addition to, the rules of the incorporated association. Example model rules, rule 43(2) 10 The form, custody and use of the common seal of the incorporated association. Example model rules, rule 44 11 The way the income and property of the incorporated association may be used. Example model rules, rule 46(2) 12 The custody of the books, documents, instruments of title and securities of the incorporated association. Example model rules, rule 47 13 The end date of the incorporated association’s financial year. Example model rules, rule 48 14 Distribution of surplus assets on winding-up. Example model rules, rule 49 Current as at 1 July 2013 Page 21
Associations Incorporation Regulation 1999 Schedule 3 Part 2 Matters without examples 1 The following matters about membership— (a) the classes of membership of the incorporated association; (b) the conditions of entry to a class; (c) whether membership of a class is limited or unlimited in numbers; (d) how a class is limited, if at all, and additional limitations of rights for a class, for example, voting rights and eligibility for holding office. 2 The following matters about the management committee— (a) the designation of the positions constituting the management committee and how a member of the management committee is elected or appointed to a position; (b) the term of office of a member; (c) the resignation of a member; (d) how a member is removed from office; (e) appeal rights of a member if the member is removed from office; (f) how a casual vacancy on the management committee is filled; (g) the frequency of meetings of the management committee, how the meetings are called and the notice requirements for a meeting; (h) the procedure for meetings and the size of a quorum; (i) the functions and powers of the management committee. 3 The following matters about general meetings of the incorporated association— (a) the grounds for calling a meeting; (b) how a meeting is called; Page 22 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 3 (c) the procedure for general meetings. 4 How the register of members is kept. 5 The way the income and property of the incorporated association is to be managed and how the association’s cheques must be drawn and signed. Current as at 1 July 2013 Page 23
Associations Incorporation Regulation 1999 Schedule 4 Schedule 4 Model rules section 8 Notes 1 Some of the matters provided for in these model rules are already requirements of the Associations Incorporation Act 1981 or the Associations Incorporation Regulation 1999 . 2 Some of the model rules need to be completed by the association as indicated by the italicised notes in square brackets. 1 Interpretation (1) In these rules— Act means the Associations Incorporation Act 1981 . present (a) at a management committee meeting, see rule 23(6); or (b) at a general meeting, see rule 37(2). (2) A word or expression that is not defined in these model rules, but is defined in the Act has, if the context permits, the meaning given by the Act. 2 Name The name of the incorporated association is [ to be completed ] ( the association ). 3 Objects The objects of the association are— [ the objects should be stated fully ] 4 Powers (1) The association has the powers of an individual. Page 24 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (2) The association may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) make charges for services and facilities it supplies; and (d) do other things necessary or convenient to be done in carrying out its affairs. (3) The association may take over the funds and other assets and liabilities of the present unincorporated association known as the ‘[ to be completed ]’ (the unincorporated association ). (4) The association may also issue secured and unsecured notes, debentures and debenture stock for the association. 5 Classes of members (1) The membership of the association consists of ordinary members, and any of the following classes of members— [ the names of the classes (if any) should be stated fully ] (2) The number of ordinary members is unlimited. 6 Automatic membership A person who, on the day the association is incorporated, was a member of the unincorporated association and who, on or before a day fixed by the management committee, agrees in writing to become a member of the incorporated association, must be admitted by the management committee— (a) to the equivalent class of membership of the association as the member held in the unincorporated association; or (b) if there is no equivalent class of membership—as an ordinary member. 7 New membership (1) An applicant for membership of the association must be proposed by 1 member of the association (the proposer ) and seconded by another member (the seconder ). Current as at 1 July 2013 Page 25
Associations Incorporation Regulation 1999 Schedule 4 (2) An application for membership must be— (a) in writing; and (b) signed by the applicant and the applicant’s proposer and seconder; and (c) in the form decided by the management committee. 8 Membership fees (1) The membership fee for each ordinary membership and for each other class of membership (if any)— (a) is the amount decided by the members from time to time at a general meeting; and (b) is payable when, and in the way, the management committee decides. (2) A member of the incorporated association who, before becoming a member, has paid the member’s annual subscription for membership of the unincorporated association on or before a day fixed by the management committee, is not liable to pay a further amount of annual subscription for the period before the day fixed by the management committee as the day on which the next annual subscription is payable. 9 Admission and rejection of new members (1) The management committee must consider an application for membership at the next committee meeting held after it receives— (a) the application for membership; and (b) the appropriate membership fee for the application. (2) The management committee must ensure that, as soon as possible after the person applies to become a member of the association, and before the management committee considers the person’s application, the person is advised— (a) whether or not the association has public liability insurance; and Page 26 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (b) if the association has public liability insurance—the amount of the insurance. (3) The management committee must decide at the meeting whether to accept or reject the application. (4) If a majority of the members of the management committee present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member for the class of membership applied for. (5) The secretary of the association must, as soon as practicable after the management committee decides to accept or reject an application, give the applicant a written notice of the decision. 10 When membership ends (1) A member may resign from the association by giving a written notice of resignation to the secretary. (2) The resignation takes effect at— (a) the time the notice is received by the secretary; or (b) if a later time is stated in the notice—the later time. (3) The management committee may terminate a member’s membership if the member— (a) is convicted of an indictable offence; or (b) does not comply with any of the provisions of these rules; or (c) has membership fees in arrears for at least 2 months; or (d) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association. (4) Before the management committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated. (5) If, after considering all representations made by the member, the management committee decides to terminate the Current as at 1 July 2013 Page 27
Associations Incorporation Regulation 1999 Schedule 4 membership, the secretary of the committee must give the member a written notice of the decision. 11 Appeal against rejection or termination of membership (1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the person’s intention to appeal against the decision. (2) A notice of intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision. (3) If the secretary receives a notice of intention to appeal, the secretary must, within 1 month after receiving the notice, call a general meeting to decide the appeal. 12 General meeting to decide appeal (1) The general meeting to decide an appeal must be held within 3 months after the secretary receives the notice of intention to appeal. (2) At the meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated. (3) Also, the management committee and the members of the committee who rejected the application or terminated the membership must be given a full and fair opportunity to show why the application should be rejected or the membership should be terminated. (4) An appeal must be decided by a majority vote of the members present and eligible to vote at the meeting. (5) If a person whose application for membership has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the membership fee paid by the person. Page 28 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 13 Register of members (1) The management committee must keep a register of members of the association. (2) The register must include the following particulars for each member— (a) the full name of the member; (b) the postal or residential address of the member; (c) the date of admission as a member; (d) the date of death or time of resignation of the member; (e) details about the termination or reinstatement of membership; (f) any other particulars the management committee or the members at a general meeting decide. (3) The register must be open for inspection by members of the association at all reasonable times. (4) A member must contact the secretary to arrange an inspection of the register. (5) However, the management committee may, on the application of a member of the association, withhold information about the member (other than the member’s full name) from the register available for inspection if the management committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm. 14 Prohibition on use of information on register of members (1) A member of the association must not— (a) use information obtained from the register of members of the association to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or (b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member Current as at 1 July 2013 Page 29
Associations Incorporation Regulation 1999 Schedule 4 of the association for the purpose of advertising for political, religious, charitable or commercial purposes. (2) Subrule (1) does not apply if the use or disclosure of the information is approved by the association. 15 Appointment or election of secretary (1) The secretary must be an individual residing in Queensland, or in another State but not more than 65km from the Queensland border, who is— (a) a member of the association elected by the association as secretary; or (b) any of the following persons appointed by the management committee as secretary— (i) a member of the association’s management committee; (ii) another member of the association; (iii) another person. (2) If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after incorporation. (3) If a vacancy happens in the office of secretary, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after the vacancy happens. (4) If the management committee appoints a person mentioned in subrule (1)(b)(ii) as secretary, other than to fill a casual vacancy on the management committee, the person does not become a member of the management committee. (5) However, if the management committee appoints a person mentioned in subrule (1)(b)(ii) as secretary to fill a casual vacancy on the management committee, the person becomes a member of the management committee. Page 30 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (6) If the management committee appoints a person mentioned in subrule (1)(b)(iii) as secretary, the person does not become a member of the management committee. (7) In this rule— casual vacancy , on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office. 16 Removal of secretary (1) The management committee of the association may at any time remove a person appointed by the committee as the secretary. (2) If the management committee removes a secretary who is a person mentioned in rule 15(1)(b)(i), the person remains a member of the management committee. (3) If the management committee removes a secretary who is a person mentioned in rule 15(1)(b)(ii) and who has been appointed to a casual vacancy on the management committee under rule 15(5), the person remains a member of the management committee. 17 Functions of secretary The secretary’s functions include, but are not limited to— (a) calling meetings of the association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the association; and (b) keeping minutes of each meeting; and (c) keeping copies of all correspondence and other documents relating to the association; and (d) maintaining the register of members of the association. Current as at 1 July 2013 Page 31
Associations Incorporation Regulation 1999 Schedule 4 18 Membership of management committee (1) The management committee of the association consists of a president, treasurer, and any other members the association members elect at a general meeting. (2) A member of the management committee, other than a secretary appointed by the management committee under rule 15(1)(b)(iii), must be a member of the association. (3) At each annual general meeting of the association, the members of the management committee must retire from office, but are eligible, on nomination, for re-election. (4) A member of the association may be appointed to a casual vacancy on the management committee under rule 21. 19 Electing the management committee (1) A member of the management committee may only be elected as follows— (a) any 2 members of the association may nominate another member (the candidate ) to serve as a member of the management committee; (b) the nomination must be— (i) in writing; and (ii) signed by the candidate and the members who nominated him or her; and (iii) given to the secretary at least 14 days before the annual general meeting at which the election is to be held; (c) each member of the association present and eligible to vote at the annual general meeting may vote for 1 candidate for each vacant position on the management committee; (d) if, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting. (2) A person may be a candidate only if the person— Page 32 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (a) is an adult; and (b) is not ineligible to be elected as a member under section 61A of the Act. (3) A list of the candidates’ names in alphabetical order, with the names of the members who nominated each candidate, must be posted in a conspicuous place in the office or usual place of meeting of the association for at least 7 days immediately preceding the annual general meeting. (4) If required by the management committee, balloting lists must be prepared containing the names of the candidates in alphabetical order. (5) The management committee must ensure that, before a candidate is elected as a member of the management committee, the candidate is advised— (a) whether or not the association has public liability insurance; and (b) if the association has public liability insurance—the amount of the insurance. 20 Resignation, removal or vacation of office of management committee member (1) A member of the management committee may resign from the committee by giving written notice of resignation to the secretary. (2) The resignation takes effect at— (a) the time the notice is received by the secretary; or (b) if a later time is stated in the notice—the later time. (3) A member may be removed from office at a general meeting of the association if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member. (4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office. Current as at 1 July 2013 Page 33
Associations Incorporation Regulation 1999 Schedule 4 (5) A member has no right of appeal against the member’s removal from office under this rule. (6) A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act. 21 Vacancies on management committee (1) If a casual vacancy happens on the management committee, the continuing members of the committee may appoint another member of the association to fill the vacancy until the next annual general meeting. (2) The continuing members of the management committee may act despite a casual vacancy on the management committee. (3) However, if the number of committee members is less than the number fixed under rule 24(1) as a quorum of the management committee, the continuing members may act only to— (a) increase the number of management committee members to the number required for a quorum; or (b) call a general meeting of the association. 22 Functions of management committee (1) Subject to these rules or a resolution of the members of the association carried at a general meeting, the management committee has the general control and management of the administration of the affairs, property and funds of the association. (2) The management committee has authority to interpret the meaning of these rules and any matter relating to the association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act. Note The Act prevails if the association’s rules are inconsistent with the Act—see section 1B of the Act. Page 34 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (3) The management committee may exercise the powers of the association— (a) to borrow, raise or secure the payment of amounts in a way the members of the association decide; and (b) to secure the amounts mentioned in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the association in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the association’s property, both present and future; and (c) to purchase, redeem or pay off any securities issued; and (d) to borrow amounts from members and pay interest on the amounts borrowed; and (e) to mortgage or charge the whole or part of its property; and (f) to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the association; and (g) to provide and pay off any securities issued; and (h) to invest in a way the members of the association may from time to time decide. (4) For subrule (3)(d), the rate of interest must not be more than the current rate being charged for overdrawn accounts on money lent (regardless of the term of the loan) by— (a) the financial institution for the association; or (b) if there is more than 1 financial institution for the association—the financial institution nominated by the management committee. 23 Meetings of management committee (1) Subject to this rule, the management committee may meet and conduct its proceedings as it considers appropriate. Current as at 1 July 2013 Page 35
Associations Incorporation Regulation 1999 Schedule 4 (2) The management committee must meet at least once every 4 months to exercise its functions. (3) The management committee must decide how a meeting is to be called. (4) Notice of a meeting is to be given in the way decided by the management committee. (5) The management committee may hold meetings, or permit a committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen. (6) A committee member who participates in the meeting as mentioned in subrule (5) is taken to be present at the meeting. (7) A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the question is decided in the negative. (8) A member of the management committee must not vote on a question about a contract or proposed contract with the association if the member has an interest in the contract or proposed contract and, if the member does vote, the member’s vote must not be counted. (9) The president is to preside as chairperson at a management committee meeting. (10) If there is no president or if the president is not present within 10 minutes after the time fixed for a management committee meeting, the members may choose 1 of their number to preside as chairperson at the meeting. 24 Quorum for, and adjournment of, management committee meeting (1) At a management committee meeting, more than 50% of the members elected to the committee as at the close of the last general meeting of the members form a quorum. Page 36 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (2) If there is no quorum within 30 minutes after the time fixed for a management committee meeting called on the request of members of the committee, the meeting lapses. (3) If there is no quorum within 30 minutes after the time fixed for a management committee meeting called other than on the request of the members of the committee— (a) the meeting is to be adjourned for at least 1 day; and (b) the members of the management committee who are present are to decide the day, time and place of the adjourned meeting. (4) If, at an adjourned meeting mentioned in subrule (3), there is no quorum within 30 minutes after the time fixed for the meeting, the meeting lapses. 25 Special meeting of management committee (1) If the secretary receives a written request signed by at least 33% of the members of the management committee, the secretary must call a special meeting of the committee by giving each member of the committee notice of the meeting within 14 days after the secretary receives the request. (2) If the secretary is unable or unwilling to call the special meeting, the president must call the meeting. (3) A request for a special meeting must state— (a) why the special meeting is called; and (b) the business to be conducted at the meeting. (4) A notice of a special meeting must state— (a) the day, time and place of the meeting; and (b) the business to be conducted at the meeting. (5) A special meeting of the management committee must be held within 14 days after notice of the meeting is given to the members of the management committee. Current as at 1 July 2013 Page 37
Associations Incorporation Regulation 1999 Schedule 4 26 Minutes of management committee meetings (1) The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each management committee meeting are entered in a minute book. (2) To ensure the accuracy of the minutes, the minutes of each management committee meeting must be signed by the chairperson of the meeting, or the chairperson of the next management committee meeting, verifying their accuracy. 27 Appointment of subcommittees (1) The management committee may appoint a subcommittee consisting of members of the association considered appropriate by the committee to help with the conduct of the association’s operations. (2) A member of the subcommittee who is not a member of the management committee is not entitled to vote at a management committee meeting. (3) A subcommittee may elect a chairperson of its meetings. (4) If a chairperson is not elected, or if the chairperson is not present within 10 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting. (5) A subcommittee may meet and adjourn as it considers appropriate. (6) A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative. 28 Acts not affected by defects or disqualifications (1) An act performed by the management committee, a subcommittee or a person acting as a member of the management committee is taken to have been validly performed. (2) Subrule (1) applies even if the act was performed when— Page 38 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (a) there was a defect in the appointment of a member of the management committee, subcommittee or person acting as a member of the management committee; or (b) a management committee member, subcommittee member or person acting as a member of the management committee was disqualified from being a member. 29 Resolutions of management committee without meeting (1) A written resolution signed by each member of the management committee is as valid and effectual as if it had been passed at a committee meeting that was properly called and held. (2) A resolution mentioned in subrule (1) may consist of several documents in like form, each signed by 1 or more members of the committee. 30 First annual general meeting The first annual general meeting must be held within 6 months after the end date of the association’s first reportable financial year. 31 Subsequent annual general meetings Each subsequent annual general meeting must be held— (a) at least once each year; and (b) within 6 months after the end date of the association’s reportable financial year. 32 Business to be conducted at annual general meeting of level 1 incorporated associations and particular level 2 and 3 incorporated associations (1) This rule applies only if the association is— (a) a level 1 incorporated association; or Current as at 1 July 2013 Page 39
Associations Incorporation Regulation 1999 Schedule 4 (b) a level 2 incorporated association to which section 59 of the Act applies; or (c) a level 3 incorporated association to which section 59 of the Act applies. (2) The following business must be conducted at each annual general meeting of the association— (a) receiving the association’s financial statement, and audit report, for the last reportable financial year; (b) presenting the financial statement and audit report to the meeting for adoption; (c) electing members of the management committee; (d) for a level 1 incorporated association—appointing an auditor or an accountant for the present financial year; (e) for a level 2 incorporated association, or a level 3 incorporated association, to which section 59 of the Act applies—appointing an auditor, an accountant or an approved person for the present financial year. 33 Business to be conducted at annual general meeting of other level 2 incorporated associations (1) This rule applies only if the association is a level 2 incorporated association to which section 59A of the Act applies. (2) The following business must be conducted at each annual general meeting of the association— (a) receiving the association’s financial statement, and signed statement, for the last reportable financial year; (b) presenting the financial statement and signed statement to the meeting for adoption; (c) electing members of the management committee; (d) appointing an auditor, an accountant or an approved person for the present financial year. Page 40 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 34 Business to be conducted at annual general meeting of other level 3 incorporated associations (1) This rule applies only if the association is a level 3 incorporated association to which section 59B of the Act applies. (2) The following business must be conducted at each annual general meeting of the association— (a) receiving the association’s financial statement, and signed statement, for the last reportable financial year; (b) presenting the financial statement and signed statement to the meeting for adoption; (c) electing members of the management committee. 35 Notice of general meeting (1) The secretary may call a general meeting of the association. (2) The secretary must give at least 14 days notice of the meeting to each member of the association. (3) If the secretary is unable or unwilling to call the meeting, the president must call the meeting. (4) The management committee may decide the way in which the notice must be given. (5) However, notice of the following meetings must be given in writing— (a) a meeting called to hear and decide the appeal of a person against the management committee’s decision— (i) to reject the person’s application for membership of the association; or (ii) to terminate the person’s membership of the association; (b) a meeting called to hear and decide a proposed special resolution of the association. (6) A notice of a general meeting must state the business to be conducted at the meeting. Current as at 1 July 2013 Page 41
Associations Incorporation Regulation 1999 Schedule 4 36 Quorum for, and adjournment of, general meeting (1) The quorum for a general meeting is at least the number of members elected or appointed to the management committee at the close of the association’s last general meeting plus 1. (2) However, if all members of the association are members of the management committee, the quorum is the total number of members less 1. (3) No business may be conducted at a general meeting unless there is a quorum of members when the meeting proceeds to business. (4) If there is no quorum within 30 minutes after the time fixed for a general meeting called on the request of members of the management committee or the association, the meeting lapses. (5) If there is no quorum within 30 minutes after the time fixed for a general meeting called other than on the request of members of the management committee or the association— (a) the meeting is to be adjourned for at least 7 days; and (b) the management committee is to decide the day, time and place of the adjourned meeting. (6) The chairperson may, with the consent of any meeting at which there is a quorum, and must if directed by the meeting, adjourn the meeting from time to time and from place to place. (7) If a meeting is adjourned under subrule (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting. (8) The secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days. (9) If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting. Page 42 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 37 Procedure at general meeting (1) A member may take part and vote in a general meeting in person, by proxy, by attorney or by using any technology that reasonably allows the member to hear and take part in discussions as they happen. (2) A member who participates in a meeting as mentioned in subrule (1) is taken to be present at the meeting. (3) At each general meeting— (a) the president is to preside as chairperson; and (b) if there is no president or if the president is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the members present must elect 1 of their number to be chairperson of the meeting; and (c) the chairperson must conduct the meeting in a proper and orderly way. 38 Voting at general meeting (1) At a general meeting, each question, matter or resolution, other than a special resolution, must be decided by a majority of votes of the members present. (2) Each member present and eligible to vote is entitled to 1 vote only and, if the votes are equal, the chairperson has a casting vote as well as a primary vote. (3) A member is not entitled to vote at a general meeting if the member’s annual subscription is in arrears at the date of the meeting. (4) The method of voting is to be decided by the management committee. (5) However, if at least 20% of the members present demand a secret ballot, voting must be by secret ballot. (6) If a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot in the way the chairperson decides. Current as at 1 July 2013 Page 43
Associations Incorporation Regulation 1999 Schedule 4 (7) The result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held. 39 Special general meeting (1) The secretary must call a special general meeting by giving each member of the association notice of the meeting within 14 days after— (a) being directed to call the meeting by the management committee; or (b) being given a written request signed by— (i) at least 33% of the number of members of the management committee when the request is signed; or (ii) at least the number of ordinary members of the association equal to double the number of members of the association on the management committee when the request is signed plus 1; or (c) being given a written notice of an intention to appeal against the decision of the management committee— (i) to reject an application for membership; or (ii) to terminate a person’s membership. (2) A request mentioned in subrule (1)(b) must state— (a) why the special general meeting is being called; and (b) the business to be conducted at the meeting. (3) A special general meeting must be held within 3 months after the secretary— (a) is directed to call the meeting by the management committee; or (b) is given the written request mentioned in subrule (1)(b); or (c) is given the written notice of an intention to appeal mentioned in subrule (1)(c). Page 44 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (4) If the secretary is unable or unwilling to call the special meeting, the president must call the meeting. 40 Proxies (1) An instrument appointing a proxy must be in writing and be in the following or similar form— [ Name of association ]: I, of , being a member of the association, appoint of as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the day of 20 and at any adjournment of the meeting. Signed this day of 20 . Signature (2) The instrument appointing a proxy must— (a) if the appointor is an individual—be signed by the appointor or the appointor’s attorney properly authorised in writing; or (b) if the appointor is a corporation— (i) be under seal; or (ii) be signed by a properly authorised officer or attorney of the corporation. (3) A proxy may be a member of the association or another person. (4) The instrument appointing a proxy is taken to confer authority to demand or join in demanding a secret ballot. (5) Each instrument appointing a proxy must be given to the secretary before the start of the meeting or adjourned meeting at which the person named in the instrument proposes to vote. (6) Unless otherwise instructed by the appointor, the proxy may vote as the proxy considers appropriate. Current as at 1 July 2013 Page 45
Associations Incorporation Regulation 1999 Schedule 4 (7) If a member wants a proxy to vote for or against a resolution, the instrument appointing the proxy must be in the following or similar form— [ Name of association ]: I, of , being a member of the association, appoint of as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the day of 20 and at any adjournment of the meeting. Signed this day of 20 . Signature This form is to be used *in favour of/*against [ strike out whichever is not wanted ] the following resolutions— [ List relevant resolutions ] 41 Minutes of general meetings (1) The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each general meeting are entered in a minute book. (2) To ensure the accuracy of the minutes— (a) the minutes of each general meeting must be signed by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and (b) the minutes of each annual general meeting must be signed by the chairperson of the meeting, or the chairperson of the next meeting of the association that is a general meeting or annual general meeting, verifying their accuracy. (3) If asked by a member of the association, the secretary must, within 28 days after the request is made— (a) make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and Page 46 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (b) give the member copies of the minutes of the meeting. (4) The association may require the member to pay the reasonable costs of providing copies of the minutes. 42 By-laws (1) The management committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the association. (2) A by-law may be set aside by a vote of members at a general meeting of the association. 43 Alteration of rules (1) Subject to the Act, these rules may be amended, repealed or added to by a special resolution carried at a general meeting. (2) However an amendment, repeal or addition is valid only if it is registered by the chief executive. 44 Common seal (1) The management committee must ensure the association has a common seal. (2) The common seal must be— (a) kept securely by the management committee; and (b) used only under the authority of the management committee. (3) Each instrument to which the seal is attached must be signed by a member of the management committee and countersigned by— (a) the secretary; or (b) another member of the management committee; or (c) someone authorised by the management committee. Current as at 1 July 2013 Page 47
Associations Incorporation Regulation 1999 Schedule 4 45 Funds and accounts (1) The funds of the association must be kept in an account in the name of the association in a financial institution decided by the management committee. (2) Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the association. (3) All amounts must be deposited in the financial institution account as soon as practicable after receipt. (4) A payment by the association of $100 or more must be made by cheque or electronic funds transfer. (5) If a payment of $100 or more is made by cheque, the cheque must be signed by any 2 of the following— (a) the president; (b) the secretary; (c) the treasurer; (d) any 1 of 3 other members of the association who have been authorised by the management committee to sign cheques issued by the association. (6) However, 1 of the persons who signs the cheque must be the president, the secretary or the treasurer. (7) Cheques, other than cheques for wages, allowances or petty cash recoupment, must be crossed ‘not negotiable’. (8) A petty cash account must be kept on the imprest system, and the management committee must decide the amount of petty cash to be kept in the account. (9) All expenditure must be approved or ratified at a management committee meeting. 46 General financial matters (1) On behalf of the management committee, the treasurer must, as soon as practicable after the end date of each financial year, ensure a financial statement for its last reportable financial year is prepared. Page 48 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 4 (2) The income and property of the association must be used solely in promoting the association’s objects and exercising the association’s powers. 47 Documents The management committee must ensure the safe custody of books, documents, instruments of title and securities of the association. 48 Financial year The end date of the association’s financial year is [ insert date ] in each year. 49 Distribution of surplus assets to another entity (1) This rule applies if the association— (a) is wound-up under part 10 of the Act; and (b) has surplus assets. (2) The surplus assets must not be distributed among the members of the association. (3) The surplus assets must be given to another entity— (a) having objects similar to the association’s objects; and (b) the rules of which prohibit the distribution of the entity’s income and assets to its members. (4) In this rule— surplus assets see section 92(3) of the Act. Current as at 1 July 2013 Page 49
Associations Incorporation Regulation 1999 Schedule 5 Schedule 5 Additional accounting requirements section 12 1 The association’s treasurer, or other authorised officer, must— (a) receive all amounts paid to the association and, if asked, immediately give a receipt for the amounts; and (b) as soon as practicable— (i) deposit each amount received into the association’s account with a financial institution; and (ii) enter the particulars of each amount received, and payments made by the association, into the association’s cash book. 2 Payments of less than $100 may be made from a petty cash account kept on the imprest system. 3 Payments of $100 or more must be made by cheque or electronic funds transfer. 4 Particulars of all payments from, and reimbursements to, the petty cash account must be recorded in the petty cash book. 5 The association’s management committee must— (a) approve or ratify the association’s expenditure; and (b) ensure the approval or ratification is recorded in the management committee’s minute book. 6 The association’s expenditure must be supported by adequate documentation filed in chronological order and kept at a place decided by the association’s management committee. 7 The association’s treasurer, or other authorised officer, must regularly— (a) balance the cash book; and Page 50 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5 (b) make a reconciliation between the cash book and the balance of the association’s account with a financial institution. 8 An association must keep its financial records— (a) in the State; and (b) for at least 7 years. Current as at 1 July 2013 Page 51
Associations Incorporation Regulation 1999 Schedule 5A Schedule 5A Former associations whose property is vested in the public trustee section 14A(1) 4 X 4 Shorty Vehicle Club Noosa Inc. (IA12373) Affiliated Civil Celebrants Inc. (IA15382) Agnes Water/1770 Ratepayers and Residents Association Inc (IA9141) American Pit Bull Terrier Association of Qld Inc. (IA16381) Amputee Association of Queensland Inc (IA00126) Apex Club of Moranbah Inc. (IA06454) Apex Club of Rockhampton Inc. (IA2794) Apex Club of The Gap Incorporated (IA3201) Apex Club of Wondai Inc. (IA684) Arcady House Incorporated (IA3983) Atherton Ratepayers and Residents Association Incorporated (IA06493) Aurora Natural Healing Association Inc. (IA18308) Aussie Attack Cycling Assistance Association Inc (IA7844) Australian Egyptian / Sudanese Ass. Incorporated (IA16058) Australian Martial Sports Association Inc. (IA15511) Australian Peace Committee Brisbane Branch Inc (IA11321) Australian Rescue Members Association (Queensland) Inc. (IA9884) Ayr Night Rodeo Association Inc (IA10080) Baldoria Festival Committee Inc. (IA15812) Bananas Hospitality Club Inc (IA10025) Barambah Lets Association Inc. (IA17052) Bayside Districts Basketball Association Inc. (IA12816) Page 52 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5A Bayside Razorbacks Gridiron Football Team Inc. (IA15365) Bayside Rockers Social Dance Club Inc. (IA17296) Bayside Touch Association Inc. (IA13909) Beaudesert Trainers & Owners Assn Incorporated (IA10941) Biloela Rugby League Football Club Inc (IA6203) Bond University Soccer Club Incorporated (IA13667) Boonah Softball Club Inc (IA6018) Boredom Busters Association Inc. (IA14595) Bosnian Youth Association Incorporated (IA15020) Brisbane Ice Sports Association Inc. (IA15522) Brisbane Lions Juniors Soccer Club Inc (IA10064) Brisbane Port Community Association Incorporated (IA9718) Brits Social Motorcycle Club, Gympie, Inc. (IA17177) Brooweena District Land Care Group Incorporated (IA8631) Brotherhood of Man Society Inc. (IA15779) Bundaberg & District Motor Cycle Club Inc. (IA1605) Bundaberg Highland Dancing Association Inc. (IA13884) Bundaberg Organic Growers Inc (IA5752) Bundaberg Triathletes Inc. (IA1459) Burdekin Ecology Group Inc (IA11201) Burdekin/Whitsunday Junior Rugby Football Local League Incorporated (IA10771) Burleigh Districts Netball Association Inc. (IA13462) Burleigh Heads Boardriders Club Inc (IA11795) Burleigh Heads / Koalas Hockey Club Inc (IA2537) Cairns Ballroom Social Club Incorporated (IA11779) Cairns Gay Womens and Mens Association Inc. (IA12269) Cairns Sharks Baseball Club Inc. (IA15434) Cairns Unity Team Association Inc. (IA14441) Current as at 1 July 2013 Page 53
Associations Incorporation Regulation 1999 Schedule 5A Callide Sailing Club Inc. (IA2248) Caloundra Air Cadets Support Group Incorporated (IA9227) Cambodian Buddhist Association of Queensland Inc (IA8299) Capricana Festival Incorporated (IA2165) Capricorn Sport and Light Game Fishing Club Inc (IA12030) Carrara Community Club Inc (IA11989) Central Highlands Promotions and Development Organisation Incorporated (IA10205) Central Qld. University Tennis Club Inc. (IA14548) Central Queensland Job Creation Association Inc (IA12073) Central Region Tournament Water Ski Association Inc. (IA14582) Chardons Chargers Rugby League Football Club Incorporated (IA10802) Chef’s Association of North Queensland Inc. (IA17556) Chinchilla Amateur Basketball Association Inc. (IA12444) Cloncurry Telecentre Association Incorporated (IA15060) Club Colombia Inc. (IA14851) Club Tristyle Inc. (IA15552) Coastal Blues Club Inc. (IA16672) Coltrandi Dog Obedience & Recreation Club Qld (Inc.) (IA16993) Commercial Hotel Nanango Social Club Inc. (IA18110) Community Arts Theatre Scene (C.A.T.S.) Incorporated (IA2674) Community Disability Alliance Inc (IA9651) Community Team Association Inc (IA9301) Consumers Health Advocacy Association Inc. (IA14737) Coominya Hawks Cricket Club Inc. (IA10857) Croatian Folkloric Group “Croatia” Inc (IA6280) Cross Cultural Society Inc. (IA1925) Cunnamulla Community Housing Group Inc (IA11517) Cunnamulla Rugby League Football Club Inc (IA10287) Page 54 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5A Darling Downs Badminton Association Inc. (IA17152) “Debit Tax” Council of Australia (Inc.) (IA19522) Deception Bay Bi-Centennial Swimming Pool Assoc. Inc. (IA7217) Downs Hotel Social Club Inc. (IA14877) Dusaka Health Association Incorporated (IA17652) Dysart Bowhunters Association Inc (IA10297) Eagleby Fishing Club Inc. (IA15680) EH Holden Club of Queensland Inc (IA10774) Emerald Bachelors and Spinsters Association Inc. (IA13479) Esk Regional Youth Group Inc. (IA12349) Far North Queensland Articled & Law Clerks Association Inc (IA10772) Far North West Peninsula Landcare Group Inc. (IA15071) Filipino-Australian Sports Association of Queensland Inc. (IA13181) Formerly in Childrens Homes Association Inc (IA10263) Fractal Theatre Association Incorporated (IA13704) Fraser Coast Boxing League Club Inc. (IA14130) F Troop Rider Group Inc (IA7097) Gatton Unemployed Training Scheme Incorporated (IA8802) Gladstone B & S Ball Inc. (IA4540) Gladstone Kiwi Club Inc (IA11393) Gladstone Single Families and Friends Association Inc (IA8050) Gladstone Sport & Recreational Mountain Bike Club Inc. (IA17842) Glenmorgan Tennis Club Inc (IA8903) Gododdin Dance Assoc Inc (IA12196) Gold Coast Gorillas Rugby Club Incorporated (IA7764) Gold Coast Independent Towing Association Inc. (IA16036) Gold Coast Masters Baseball Club Inc. (IA15576) Gold Coast P.C. User Group Inc. (IA16394) Gold Coast Power Boat Sports Club Incorporated (IA1824) Current as at 1 July 2013 Page 55
Associations Incorporation Regulation 1999 Schedule 5A Gold Coast Ramp Riders Association Inc (IA11270) Gold Coast Singles & Social Club Inc. (IA10085) Golden Mount Rail Preservation Society Inc (IA9201) Goondiwindi Tournament Archers Inc. (IA13393) Gracemere Country Tennis Association Incorporated (IA4263) Grain Storage Association (North East Region) Inc. (IA14289) Grantham and District Progress Association Incorporated (IA12191) Greater Brisbane Darts Association Incorporated (IA7165) Greenbank Over 35s Rugby Union Club Inc. (IA13822) Gympie Emergency Monitoring Service (G.E.M.S.) Inc. (IA2280) Health Suppliers Queensland Association Inc. (IA14544) Herberton Lions Club Incorporated (IA5656) Hervey Bay United Sports Club Inc (IA8727) Highrollers Supporters Association Inc. (IA14098) Home Base Association Inc (IA7475) Hughenden District Bowhunters Association Inc. (IA13240) Hughenden Rams Rugby League Football Club Incorporated (IA12906) Human Development Institute Inc. (IA174) Inala Children’s Care Incorporated (IA8970) International E22 Class Association, Brisbane Fleet Inc (IA11400) Ipswich-Moreton Australian Rules Football Club Incorporated (IA4588) Ishoa Martial Arts Inc (IA8252) Italian Australian Early Childhood Education Association Inc. (IA12421) JABS IVF Support Group Incorporated (IA7034) Jandowae Chamber of Commerce Inc. (IA17304) Jericho Sports and Recreation Club Inc (IA8241) Jundah Campdraft and Rodeo Club Inc (IA8039) Junior Rowing Development Association Inc. (IA12644) Page 56 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5A Kalkadunije Sporting Association Inc. (IA1231) Kallangur Rugby League and Sporting Club Inc (IA11824) Kandanga Recreation Grounds Association Incorporated (IA04371) Kawana Boardriders Club Inc. (IA15301) Kinaba Residents Association Inc. (IA12360) Kings Aquatic Swim Club Inc. (IA2431) Knights Touch Social Club Inc (IA12032) Kooralbyn Athletic Club Inc (IA8079) Kumbia Junior Sports Association Incorporated (IA8672) L.A. Blues Netball Club Inc (IA11133) Lang Park Amateur Boxing Club Ass. Inc. (IA15654) Leichhardt Eagles Soccer Club Incorporated (IA575) Logan Aquatic Triathlon Club Inc (IA10980) Logan City “Palotas” Hungarian Dance Group Inc. (IA16675) Logan City Tigers Gridiron Football Club Inc. (IA12455) Logan District Junior Referees’ Association Inc. (IA12568) Lowmead-Rosedale Rugby League Football Inc (IA9578) Mackay Dancesport Travel Club Inc. (IA13973) Mackay Horse Racing Association Incorporated (IA11147) Mackay Motor Yacht Squadron Inc. (IA13965) Mackay Volleyball Association Inc (IA10453) Manly Marlins Swimming Club Inc. (IA2264) Mansfield Tavern Social Club Inc. (IA13412) Margate Netball Club Inc (IA11882) Maryborough and District F.M. Community Radio Association Inc. (IA16253) Maryborough Bike Riders Association Incorporated (IA8530) Maryborough Brothers Sports Association Incorporated (IA15614) Current as at 1 July 2013 Page 57
Associations Incorporation Regulation 1999 Schedule 5A Maryborough Professional Hair Stylists Assn. Inc. (IA13593) Men Against Sexual Assault Association Inc (IA10305) Mens Centre—Gold Coast Association Inc. (IA19385) Metway Rugby Club Inc (IA10111) Miami BMX Club Inc. (IA2623) Miles Cricket Club Inc (IA10641) Moranbah Youth Theatre Association Inc. (IA4372) Motorcycle Tour Operators’ Assn (Qld) Inc. (IA13762) Mount Isa Motorcycle Show Association Incorporated (IA9055) Mount Isa Skydiving Club Inc. (IA12854) Mount Morgan Promotion and Development Organisation Inc (IA11219) Muckadilla Pony Club Incorporated (IA7646) Muckadilla Tennis Club Inc (IA10052) Multicultural Writers Association of Queensland Inc. (IA18620) Murphy’s Creek Hack & Pony Club Inc. (IA16000) Music on Wheels Sunshine Coast Inc (IA5165) Myall Mundi Pony and Hack Club Inc. (IA4189) Nanga Gundu Association Incorporated (IA18708) Naval Association of Australia (Innisfail Branch Sub-Section) Inc. (IA12332) New Ways Not Freeways Association Inc. (IA14494) Noosa District Junior Rugby Union Club Inc (IA10743) Norfolk Rockies Baseball Club Inc. (IA14163) North Brisbane Junior Chamber of Commerce Incorporated (IA10734) North Eastern Downs Cricket Assoc Inc (IA9319) Northern Beaches Community Sporting and Recreation Development Committee Incorporated (IA607) Northern Beaches Squash Club Inc. (IA14347) Northern Districts Rugby Football Club Inc (IA180) Page 58 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5A North Qld. Filipino-Australian Club Inc. (IA13194) North Queensland 8 Ball Association Incorporated (IA10098) North Queensland Separate State Party Inc. (IA15337) North Queensland Volkswagen Club Inc. (IA12425) North Queensland Youth Accommodation Coalition Incorporated (IA2983) Nunga Community Youth Association Inc (IA7829) Oakey Indoor Sports Social Club Inc. (IA16329) Oasis Junior Rugby League Club Inc. (IA14850) Opalton Progress Association Inc. (IA15047) Palm Beach Currumbin Lions Hockey Club Inc. (IA12422) Parents with Children in Care Support Group Association Incorporated (IA15315) Parkwood Rural Progress Association Inc. (IA14175) People of the Way Ministries Inc. (IA13347) Petrie Sports World Junior Tennis Club Inc (IA9871) Philipine Society Inc (IA11142) Pioneer Valley Amateur Athletic Club Inc (IA10455) PK Circle Rounds Dance Club Inc (IA9538) Ponderosa Sporting and Social Club Incorporated (IA10087) Port Curtis Amateur Fishing Clubs Assoc Inc (IA11791) Port Douglas Yacht Squadron Inc (IA11301) Professional Dog Trainers Association Inc (IA7312) Proserpine Baton Twirlers Association Inc. (IA13999) Pumicestone Angling Club Inc. (IA14214) Qi Gong Therapists Association of Australia Incorporated (IA10460) Queensland All Men’s Netball Association Incorporated. (IA14389) Queensland Amateur Karate – Do Club Inc (IA10444) Queensland Amputee Sporting Association Inc. (IA126) Queensland Classic Sedan Association Inc. (IA15530) Current as at 1 July 2013 Page 59
Associations Incorporation Regulation 1999 Schedule 5A Queensland Deaf Women’s Support Group Inc. (IA13268) Queensland Defence Business Network–Southern Region Incorporated (IA13903) Queensland Dragon Boat Racing Association Inc (IA04835) Queensland In-Line Skating Association Inc (IA11969) Queensland Japan Network Inc. (IA13229) Queensland Master House Removers Association Inc (IA10212) Queensland Orthopaedic Nurses Special Interest Group Inc (IA11863) Queensland Police Representative Touch Football Association Inc (IA8825) Queensland Public Service Rugby League Incorporated (IA17527) Queensland Taipans School of Baseball Incorporated (IA14191) Racecourse Road Business Association Inc. (IA13010) Rainbow Bootscooters Inc. (IA19646) Rainbow Youth Connection Association Inc (IA07711) Redcliffe Community Social Club Inc. (IA14716) Redland Bay Cricket Club Inc (IA8658) Redlands Amateur Boxing Association Inc. (IA3767) Redlands Australia Day Association Inc. (IA13542) Repair Independent Family Ties Association Australia Incorporated (IA12324) Ribcage Women’s Multimedia Association Inc. (IA13687) Riverland Trampoline Club Inc (IA10387) Roadbike Riders Club Inc (IA9722) Roma Camera Club Inc. (IA13461) Roma Pistol Club Inc. (IA961) Rossvale Squash Club Incorporated (IA8247) Rotaract Club of Gold Coast Central Inc. (IA14448) Rotary Engine Car Club of Queensland Inc (IA11727) Page 60 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5A Runcorn Tavern Social Golf Club Inc (IA12114) S.A.F.E. Inc (IA5039) S.A.I.F. Programme (Sexual Assault in Families) Association North Queensland Incorporated (IA11774) Salisbury Sporting Club Incorporated (IA2501) Samoan Independent Seventh Day Adventist Church in Queensland Inc. (IA13633) Sandgate Centre Support Group Incorporated (IA1620) Scarness Community Progress Association Inc. (IA15306) Singles and Sole Parents Association Inc (IA11358) South East Queensland Accommodation Housing and Community Involvement Network Inc. (IA14009) Southern Cross Field Archers Association Inc (IA1414) South West Youth Accommodation Network Inc (IA9348) Spanish and Latin American Welfare Network Association Inc. (IA13005) Spotti Dog Triathlon Club Inc (IA12082) Stanthorpe District Commercial Watch Inc. (IA16464) Stanthorpe Interarts Group Inc. (IA13934) Steelers Amateur League Football Club Inc. (IA12428) Steelers Gridiron Football Club Inc. (IA12549) Stepping Out–An Association Providing an Information and Access Service for People with Disability Inc. (IA12639) St. George Junior Softball Club Inc. (IA14666) St Helens T-Ball and Junior Baseball Club Incorporated (IA4847) Student Accounting Association Inc. (IA12649) Suncoast Christian Recovery Group Inc. (IA15866) Taipans Basketball Club Incorporated (IA14215) Takarakka Rock Art Conservation Inc. (IA3367) Tambo Pistol Club Inc. (IA13933) Tandara House Youth Crisis Centre Support Association Inc. (IA16322) Current as at 1 July 2013 Page 61
Associations Incorporation Regulation 1999 Schedule 5A Tara Pony Club Inc. (IA2175) Taylor Bridge Residents Association Inc. (IA13545) Te Oranga Mo Kia Kaha Maori Cultural Club Inc (IA11390) The Allora Progress & Development Association Inc (IA7816) The Barron River Hotel Fishing Club Inc. (IA16124) The Beaudesert Land Care Group Inc (IA8643) The Bushman’s Hunt Club Inc. (IA9958) The Caledonian Hotel Social Club Inc. (IA15877) The Carnegians Association Inc (IA11182) The Charleville Motorcycle Club Incorporated (IA3884) The Chiropractic Association of Queensland Inc (IA10058) The Concerned Fishermen of Cairns Association Incorporated (IA6068) The Dalby & District Darts Association Inc. (IA14245) The Darling Downs Show Horse Association Inc (IA11408) The Dodge Phoenix Club of Australia: Queensland Branch Inc (IA7439) The Fraser Coast Computer Club Inc (IA10812) The Lillian Playhouse Association Incorporated (IA12041) The Motoring Enthusiasts Club of Queensland Inc (IA10581) The New Empire Hotel Sports & Social Club Inc (IA11491) The Palms Polo Club Incorporated (IA4413) The Polo Players Club Inc. (IA13604) The Port Douglas Cricket Club Incorporated. (IA14388) The Queensland Hospital Managers Association Incorporated (IA6837) The Skate Olympic Roller Sports Club Inc. (IA12790) The South East Queensland Hang Gliding Association Inc. (IA1008) The Taekwondo Association of Queensland Inc. (IA13591) The Tongan Ethnic Association of Queensland Incorporated (IA5236) The Vale Hotel Social Club Assn Inc. (IA15661) Page 62 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5A The Wilderness Society Cairns Branch Inc. (IA14076) Tieri Tigers Australian Rules Football Club Inc. (IA16647) Toowoomba and District Diving Club Inc (IA6302) Toowoomba and District Life-Style Support Association - ‘Omega’ Inc. (IA15548) Townsville Cyclones Gridiron Football Club Inc. (IA12469) Townsville Limited Sprintcar Incorporated (IA4406) Townsville Water Polo Association Incorporated (IA2191) Townsville West Rotoract Club Inc (IA11258) Trike & Odyssey Racing Club Incorporated (IA4662) Trinity Bay and Inlet Society Inc. (IA2254) Tudor Park Recreation Association Inc. (IA151) Tuncunba Trail Riders Assn Inc. (IA13731) United Arabian Racing Association (Qld) Inc. (IA15902) Victoria Point Roller Skating Club Inc. (IA4135) Vietnamese Youth Club in Queensland Inc (IA8648) Wallaman Rugby League Football Club Inc (IA7134) Wallumbilla Cricket Club Inc. (IA14594) Warooga Community Preschool & Kindergarten Association Inc (IA9476) West Toowoomba Bulls Amateur Rugby League Incorporated (IA12155) Wide Bay Greyhound Owners & Trainers Association Incorporated (IA14766) Windsor Poultry & Fanciers Club Inc. (IA15430) Wolvi and District War Memorial Hall Committee Inc. (IA3072) Women in Sport Task Group - Townsville Assoc. Inc. (IA14291) Women’s Safe Harbour Association Inc. (IA840) Woody Weed Controllers Association Inc (IA9915) World Kickboxing Association (W.K.A.) (Qld Branch) Incorporated (IA8868) Current as at 1 July 2013 Page 63
Associations Incorporation Regulation 1999 Schedule 5A Youth for Youth Association Inc. (IA14178) Youth Services Program Inc. (IA14218) YTLC Youth Therapy Love Cancer Association Inc. (IA14036) Yuleba Darts Club Assoc. Inc. (IA17633) Zonta Club of Middlemount Inc. (IA17089) Page 64 Current as at 1 July 2013
Schedule 5B Associations Incorporation Regulation 1999 Schedule 5B Former associations whose divested property is divested from the public trustee and vested in persons or incorporated associations section 14A(2) Column 1 Former association Column 2 Person or incorporated association Apex Club of Rockhampton Inc. (IA2794) Apex Queensland Inc (IA09792) Apex Club of The Gap Incorporated Apex Queensland Inc (IA09792) (IA3201) Apex Club of Wondai Inc. (IA684) Apex Queensland Inc (IA09792) Australian Rescue Members Association (Queensland) Inc. (IA9884) Central Queensland Helicopter Rescue Service Ltd ACN 067 116 670 Bayside Touch Association Inc. (IA13909) Wayne Holmes in trust for Bayside Touch Association Burleigh Districts Netball Association Inc. (IA13462) Gold Coast South Netball Association Inc. (IA10439) Central Region Tournament Water The Townsville Water Ski Club Ski Association Inc. (IA14582) Incorporated (IA06194) Far North Queensland Articled & Law Clerks Association Inc (IA10772) The Far North Queensland Law Association Incorporated (IA10097) Gold Coast Singles & Social Club Headway Gold Coast Inc. Inc. (IA10085) (IA01706) Current as at 1 July 2013 Page 65
Associations Incorporation Regulation 1999 Schedule 5B Grantham and District Progress The Helidon Hills & Regional Association Incorporated (IA12191) Districts Association The Alice-Grantham Sandy Creek Upland Branch Incorporated (IA29240) Hervey Bay United Sports Club Inc Hervey Bay United Soccer Club (IA8727) Inc. (IA02167) Kandanga Recreation Grounds Cooloola Shire Council Association Incorporated (IA4371) Leichhardt Eagles Soccer Club Incorporated (IA575) Ipswich Knights Soccer Club Inc. (IA18836) Logan District Junior Referees’ Association Inc. (IA12568) Brisbane Junior Referees Association Inc. (IA20637) Maryborough and District F.M. Fraser Coast Community Radio Community Radio Association Inc. Incorporated (IA10699) (IA16253) Mens Centre—Gold Coast Association Inc. (IA19385) Gold Coast Welfare Association Incorporated (IA12350) Mens Health and Wellbeing Association (Queensland) Inc. (IA19113) Muckadilla Tennis Club Inc (IA10052) Muckadilla Community and Allsports Association Inc. (IA13698) Northern Beaches Squash Club Inc. Cairns & District Squash Rackets (IA14347) Association Incoporated (IA04800) Port Curtis Amateur Fishing Clubs Assoc Inc (IA11791) Mackay and District Amateur Fishing Club’s Association Inc. (IA07590) Queensland Amateur Fishing Clubs’ Association Incorporated (IA00130) Page 66 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 5B Queensland All Men’s Netball Association Incorporated. (IA14389) Queensland Netball Association Incorporated (IA00953) Rotaract Club of Gold Coast Central Rotary Club of Burleigh Heads Inc. (IA14448) Inc. (IA01951) Rotary Club of Palm Beach Inc. (IA04781) Samoan Independent Seventh Day Samoan Independent Seventh Day Adventist Church in Queensland Adventist Church in Queensland Inc. (IA13633) Inc. (IA31448) Scarness Community Progress Association Inc. (IA15306) Scarness Enterprise Association Inc. (IA30360) St Helens T-Ball and Junior Baseball Ipswich Knights Soccer Club Inc. Club Incorporated (IA4847) (IA18836) Taylor Bridge Residents Association Oxley Creek Environment Group Inc. (IA13545) Inc. (IA15238) Walter Taylor South Action Group Inc. (IA30860) The Wilderness Society Cairns Branch Inc. (IA14076) The Wilderness Society (Queensland) Inc (IA09953) Wolvi and District War Memorial Cooloola Shire Council Hall Committee Inc. (IA3072) Current as at 1 July 2013 Page 67
Associations Incorporation Regulation 1999 Schedule 6 Schedule 6 Fees section 17 1 Application for— (a) incorporation of an association under section 9 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) amalgamation of incorporated associations under section 9 of the Act as applied by section 84 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) incorporation of an association by a cooperative under section 105C of the Act . . . . . . . . . . . . . . . . . . . 2 Certificate of incorporation issued under section 15, 41, 85 or 105D of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application for an exemption from having ‘incorporated’ or ‘inc’ as part of and at the end of an association’s name under section 33 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . 4 Application to register a change of name under section 35 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Application to have a name for an association that is, or includes, an unsuitable name under section 45 of the Act. . 6 Application to register an amendment of rules under section 48 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Lodging documents under section 59(3), 59A(3) or 59B(3) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Certified copy of a certificate of incorporation, or a certificate under section 127 of the Act . . . . . . . . . . . . . . . . 9 Inspection of the register, under section 18 of the Act, for a particular association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Computer extract from the register under section 18 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Inspecting, under section 16, either or both of the following— (a) a register kept under the Act by the chief executive; $ 100.40 100.40 100.40 33.10 33.10 33.10 33.10 17.60 46.60 20.20 6.30 20.20 Page 68 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Schedule 6 (b) a document required to be given to the chief executive under the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Under section 16(d)— (a) a certified copy of, or certified extract from, a document required to be given to the chief executive under the Act—for each page . . . . . . . . . . . . . . . . . . . (b) an uncertified copy of, or uncertified extract from, a document required to be given to the chief executive under the Act—for each page . . . . . . . . . . . . . . . . . . . $ 6.30 4.65 3.00 Current as at 1 July 2013 Page 69
Associations Incorporation Regulation 1999 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Associations Incorporation Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 70 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 1 July 2013
Associations Incorporation Regulation 1999 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table Reprint No. 1 1A 1B 1C 1D Amendments to none 2000 SL No. 122 2000 SL No. 161 2001 SL No. 43 2001 SL No. 210 Effective 25 June 1999 16 June 2000 1 July 2000 11 May 2001 3 December 2001 Reprint date 6 August 1999 23 June 2000 7 July 2000 22 June 2001 7 December 2001 Reprint No. 1E 1F 1G 1H 1I 2 2A 2B 2C 2D 3 3A 3B 3C 3D 3E 4 Amendments included 2002 SL No. 167 2002 SL No. 272 2003 SL No. 143 2004 SL No. 103 2005 SL No. 135 2006 SL No. 162 2007 SL No. 120 2007 SL No. 149 2008 SL No. 266 2009 SL No. 120 2010 SL No. 128 2011 SL No. 115 2011 Act No. 34 2012 SL No. 102 Effective 1 July 2002 11 October 2002 1 July 2003 1 July 2004 1 July 2005 1 July 2005 1 July 2006 15 June 2007 1 July 2007 1 September 2008 1 September 2008 1 July 2009 1 July 2010 1 July 2011 28 May 2012 13 July 2012 13 July 2012 Notes R1I withdrawn, see R2 R2D withdrawn, see R3 R3E withdrawn, see R4 Current as at 1 July 2013 Amendments included 2013 SL No. 122 Notes Current as at 1 July 2013 Page 71
Associations Incorporation Regulation 1999 Endnotes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Associations Incorporation Regulation 1999 SL No. 143 made by the Governor in Council on 24 June 1999 notfd gaz 25 June 1999 pp 932–8 commenced on date of notification exp 31 August 2013 (see SIA s 56A(2) and SIR s 4 sch 2 pt 2) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Associations Incorporation Amendment Regulation (No. 1) 2000 SL No. 122 notfd gaz 16 June 2000 pp 555–6 commenced on date of notification Equity and Fair Trading Legislation Amendment Regulation (No. 1) 2000 SL No. 161 ss 1–2(1), 3 sch notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2(1)) Associations Incorporation Amendment Regulation (No. 1) 2001 SL No. 43 notfd gaz 11 May 2001 pp 171–2 commenced on date of notification Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2001 SL No. 210 ss 1–3 sch notfd gaz 16 November 2001 pp 982–5 ss 1–2 commenced on date of notification remaining provisions commenced 3 December 2001 (see s 2) Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2002 SL No. 167 ss 1, 2(1), 3 sch 1 notfd gaz 28 June 2002 pp 876–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2(1)) Associations Incorporation Amendment Regulation (No. 1) 2002 SL No. 272 notfd gaz 11 October 2002 pp 526–7 commenced on date of notification Page 72 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Endnotes Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2003 SL No. 143 ss 1–3 sch notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2006 SL No. 162 ss 1–2, 3 sch notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Associations Incorporation and Another Regulation Amendment Regulation (No. 1) 2007 SL No. 120 pts 1–2 notfd gaz 15 June 2007 pp 892–5 ss 1–2 commenced on date of notification remaining provisions commenced 15 June 2007 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2007 SL No. 149 ss 1, 2(2), 3 sch notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2(2)) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Fair Trading (Fees) Amendment Regulation (No. 1) 2009 SL No. 120 notfd gaz 26 June 2009 pp 831–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Fair Trading and Other Legislation Amendment Regulation (No. 1) 2010 SL No. 128 pts 1–2 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Current as at 1 July 2013 Page 73
Associations Incorporation Regulation 1999 Endnotes Justice (Fees) Amendment Regulation (No. 1) 2011 SL No. 115 notfd gaz 1 July 2011 pp 589–96 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Business Names (Commonwealth Powers) Act 2011 No. 34 ss 1, 2(b), 31 sch 1 date of assent 28 October 2011 ss 1–2 commenced on date of assent remaining provisions commenced 28 May 2012 (2012 SL No. 58) Justice Legislation (Fees) Amendment Regulation (No. 1) 2012 SL No. 102 notfd gaz 13 July 2012 pp 820–5 ss 1–2 commenced on date of notification remaining provisions commenced 13 July 2012 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2013 SL No. 122 notfd gaz 28 June 2013 pp 739–47 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 immediately after the Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 (see s 2) 6 List of annotations Definitions s 2 def former association ins 2007 SL No. 120 s 4 PART 2—UNSUITABLE NAMES pt hdg amd 2000 SL No. 122 s 3 Division 1—Names declared to be unsuitable div hdg amd 2000 SL No. 122 s 4 General references s 3 amd 2000 SL No. 122 ss 5, 6; 2007 SL No. 120 s 5; 2012 Act No. 34 s 31 sch 1 Olympic and paralympic references s 4 amd 2000 SL No. 122 s 5 Division 2—Application to have unsuitable name div hdg amd 2000 SL No. 122 s 4 General references s 5 amd 2000 SL No. 122 s 5 Record keeping s 9 amd 2007 SL No. 120 s 6 Keeping financial institution account s 10 amd 2001 SL No. 43 s 3 Page 74 Current as at 1 July 2013
Associations Incorporation Regulation 1999 Endnotes Cheques issued by association s 11 sub 2007 SL No. 120 s 7 Vesting of property on cancellation of incorporation of particular incorporated associations s 14A ins 2002 SL No. 272 s 3 Repeal s 18 exp 26 June 1999 (see s 18(2)) SCHEDULE 1—UNSUITABLE NAMES FOR ASSOCIATIONS—GENERAL REFERENCES sch hdg amd 2000 SL No. 122 s 7(1) sch 1 amd 2000 SL No. 122 s 7(2) INCORPORATED SCHEDULE 2—UNSUITABLE NAMES FOR INCORPORATED ASSOCIATIONS—OLYMPIC AND PARALYMPIC REFERENCES sch hdg amd 2000 SL No. 122 s 8 SCHEDULE 3—MATTERS FOR RULES amd 2007 SL No. 120 s 8 SCHEDULE 4—MODEL RULES sub 2007 SL No. 120 s 9 SCHEDULE 5—ADDITIONAL ACCOUNTING REQUIREMENTS amd 2001 SL No. 43 s 4; 2007 SL No. 120 s 10 SCHEDULE 5A—FORMER ASSOCIATIONS WHOSE PROPERTY IS VESTED IN THE PUBLIC TRUSTEE sch hdg sub 2007 SL No. 120 s 11 sch 5A ins 2002 SL No. 272 s 4 SCHEDULE 5B—FORMER ASSOCIATIONS WHOSE DIVESTED PROPERTY IS DIVESTED FROM THE PUBLIC TRUSTEE AND VESTED IN PERSONS OR INCORPORATED ASSOCIATIONS sch hdg sub 2007 SL No. 120 s 12(1) sch 5B ins 2002 SL No. 272 s 4 amd 2007 SL No. 120 s 12(2) SCHEDULE 6—FEES amd 2000 SL No. 122 s 9 sub 2000 SL No. 161 s 3 sch; 2001 SL No. 210 s 3 sch; 2002 SL No. 167 s 3 sch 1 amd 2003 SL No. 143 s 3 sch sub 2004 SL No. 103 s 3 sch; 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch amd 2007 SL No. 120 s 13 sub 2007 SL No. 149 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 120 s 3 sch; 2010 SL No. 128 s 4; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch Current as at 1 July 2013 Page 75
Associations Incorporation Regulation 1999 Endnotes © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 76 Current as at 1 July 2013