Associations Incorporation Regulation 1982


Queensland Crest
ASSOCIATIONS INCORPORATION REGULATION 1982
Queensland Associations Incorporation Act 1981 ASSOCIATIONS INCORPORATION REGULATION 1982 Reprinted as in force on 14 October 1998 (includes amendments up to SL No. 253 of 1998) Reprint No. 4B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 14 October 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). This reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in the reprint, including table of renumbered provisions editorial changes made in earlier reprints.
Queensland ASSOCIATIONS INCORPORATION REGULATION 1982 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Register of refused associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Undesirable names—general references—Act, s 43(2)(d) . . . . . . . . . . . . . 6 6 Undesirable names—olympic and paralympic references—Act, s 43(2)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Application to have undesirable name—general references—Act, s 45 . . . 8 8 Application to have undesirable name—olympic and paralympic references—Act, s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Matters to be provided for in rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Model rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Incorporated association must operate an account . . . . . . . . . . . . . . . . . . . . 9 13 Incorporated association must keep specified records . . . . . . . . . . . . . . . . . 9 14 Accounting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Return to accompany audited statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Cancellation of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Responsibility of member of management committee . . . . . . . . . . . . . . . . . 12 18 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Vesting of property of former association . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 14 FEES
2 Associations Incorporation Regulation 1982 SCHEDULE 1A . . . . . . . . . . . . . . . . . . . . . . 15 UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—GENERAL REFERENCES SCHEDULE 1B . . . . . . . . . . . . . . . . . . . . . . 17 UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—OLYMPIC AND PARALYMPIC REFERENCES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 19 MATTERS TO BE PROVIDED FOR IN RULES SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 22 MODEL RULES 1 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 Classes of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 Membership fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 Admission and rejection of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 8 Termination of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 9 Appeal against rejection or termination of membership . . . . . . . . . . . . . . . . 25 10 Register of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 11 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 12 Membership of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 13 Resignation or removal from office of member of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 14 Vacancies on management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 15 Functions of the management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 16 Meetings of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 17 Delegation of powers of management committee . . . . . . . . . . . . . . . . . . . . . 31 18 Acts not affected by defects or disqualifications . . . . . . . . . . . . . . . . . . . . . 31 19 Resolutions of management committee without meeting . . . . . . . . . . . . . . 32 20 First general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 21 First annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 22 Subsequent annual general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3 Associations Incorporation Regulation 1982 23 Business to be transacted at annual general meeting . . . . . . . . . . . . . . . . . . 33 24 Special general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 25 Quorum at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 26 Notice of general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 27 Procedure at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 28 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 29 Alteration of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 30 Common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 31 Funds and accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 32 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 33 Financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 34 Distribution of surplus assets to another entity . . . . . . . . . . . . . . . . . . . . . . . 40 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 41 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
s1 5 s4 Associations Incorporation Regulation 1982 ASSOCIATIONS INCORPORATION REGULATION 1982 [as amended by all amendments that commenced on or before 14 October 1998] ˙ Short title 1. This regulation may be cited as the Associations Incorporation Regulation 1982 . ˙ Definitions 2. In this regulation— “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. ˙ Fees 3.(1) The fees set out in schedule 1 are the fees payable for the purposes of the Act. (2) If the chief executive considers that the appropriate circumstances exist, the chief executive may waive all or part of the late lodgment fee. ˙ Register of refused associations 4. The chief executive must keep a register of all associations that are refused incorporation.
s5 6 s5 Associations Incorporation Regulation 1982 ˙ Undesirable names—general references—Act, s 43(2)(d) 5. Each of the following is an undesirable name for an incorporated association— (a) a name containing a word or phrase mentioned in schedule 1A, part 1, or an abbreviation of the word or phrase; (b) a name containing a word or phrase having the same or a similar meaning to a word or phrase mentioned in schedule 1A, part 1, or an abbreviation of the word or phrase; (c) a name containing a word or phrase mentioned in schedule 1A, part 2, column 1; (d) a name that includes the word ‘Commonwealth’ or ‘Federal’; (e) a name that, in the context in which it is proposed to be used, suggests a connection with— (i) the Commonwealth, a State or a 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 any other part of the Queen’s dominions, possessions or territories; 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 that, in the context in which it is proposed to be used, suggests a connection (that does not exist) with— (i) a member of the Royal Family; or (ii) the receipt of Royal patronage; or (iii) an ex-serviceperson’s organisation; (g) a name that, in the context in which it is proposed to be used, suggests that the members of an association are totally or partially
s6 7 s6 Associations Incorporation Regulation 1982 incapacitated (if the members are not totally or partially incapacitated). ˙ Undesirable names—olympic and paralympic references—Act, s 43(2)(d) 6. Each of the following is also an undesirable name for an incorporated association— (a) a name containing a phrase mentioned in schedule 1B, part 1; (b) a name containing a word, or an abbreviation of a word, mentioned in schedule 1B, 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 1B, part 2, column 1 and, in the context in which it is proposed to be used, suggests a connection with the Sydney Olympic Games; (i) a name containing a word, or an abbreviation of a word, mentioned in schedule 1B, part 2, column 1 and, in the context in which it is proposed to be used, suggests a connection with the Sydney Paralympic Games; (j) any other name that, in the context in which it is proposed to be used, suggests a connection with the Sydney Olympic Games; (k) any other name that, in the context in which it is proposed to be used, suggests a connection with the Sydney Paralympic Games.
s7 8 s9 Associations Incorporation Regulation 1982 ˙ Application to have undesirable name—general references—Act, s 45 7. An application to have a name for an association that is, or includes, an undesirable name mentioned in schedule 1A, part 2, column 1 must be accompanied by the written agreement of the person mentioned in column 2 opposite the name. ˙ Application to have undesirable name—olympic and paralympic references—Act, s 45 8.(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 6(a) to (g) that, in the context in which it is proposed to be used, suggests a connection with the Sydney Olympic Games; or (b) a name mentioned in section 6(h) or (j). “Sydney (Paralympic) application” means an application to have, as an association’s name— (a) a name mentioned in section 6(a) to (g) that, in the context in which it is proposed to be used, suggests a connection with the Sydney Paralympic Games; or (b) a name mentioned in section 6(i) or (k). ˙ Matters to be provided for in rules 9. The rules of an incorporated association must provide for the matters in schedule 2.
s 10 9 s 13 Associations Incorporation Regulation 1982 ˙ Model rules 10. The model rules for an incorporated association are in schedule 3. ˙ Incorporated association must operate an account 12. An incorporated association must open and maintain an account with a financial institution. 1 Maximum penalty—4 penalty units. ˙ Incorporated association must keep specified records 13.(1) An incorporated association must keep the following records— (a) a cash book or statement of all money received and paid; (b) a receipt book containing forms of receipts printed in duplicate and consecutively numbered or kept on the numbered butt principle; (c) a register of receipt books containing details of all receipt books received, used or held by the incorporated association; (d) records of the account the incorporated association holds with a financial institution that are provided to the incorporated association by the financial institution; 2 (e) a register of members; (f) a register of assets; (g) a petty cash book; (h) a minute book of the management committee. Maximum penalty—4 penalty units. (2) If the chief executive considers the appropriate circumstances exist, the chief executive may require an incorporated association to keep the 1 See Acts Interpretation Act 1954 , section 36, definition “financial institution” and the definitions of institutions mentioned in the definition “financial institution”. 2 See footnote 1.
s 14 10 s 14 Associations Incorporation Regulation 1982 following records— (a) a ledger; (b) a journal. (3) An incorporated association must comply with a requirement under subsection (2). Maximum penalty—4 penalty units. (4) An incorporated association must ensure that its books of accounts and other records are kept in the English language in a way that— (a) correctly records and explains its transactions and financial position; and (b) enables the statement mentioned in section 59 of the Act to be prepared; and (c) enables its accounts and affairs to be properly and conveniently audited. Maximum penalty—4 penalty units. ˙ Accounting requirements 14. An incorporated association, in relation to its financial affairs, must comply with the following requirements— (a) the association’s treasurer, or other authorised officer, must— (i) receive all amounts paid to the association and immediately issue a receipt for the amounts; (ii) as soon as is practicable, deposit all amounts received into the account the association holds with a financial institution; (iii) as soon as is practicable, enter the particulars of all amounts received and payments made by the association into the association’s cash book; (b) payments of $100 or more must be made by cheque drawn on the account the association holds with a financial institution; 3 3 See footnote 1.
s 15 11 s 15 Associations Incorporation Regulation 1982 (c) payments of less than $100 may be made from a petty cash account that uses the imprest system; (d) particulars of all payments from and reimbursements to the petty cash account must be recorded in the petty cash book; (e) the association’s management committee must— (i) approve or ratify all the association’s expenditure; and (ii) ensure the approval or ratification is recorded in the management committee’s minute book; (f) 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; (g) all negotiable instruments issued by the association must be signed by any 2 of the following members of the association— (i) the president; (ii) the secretary; (iii) the treasurer; (iv) another member approved by the association’s management committee; (h) the association’s treasurer, or other authorised officer, must regularly— (i) balance the cash book; and (ii) make a reconciliation between the cash book and the balance of the account the association holds with a financial institution; 4 (i) the association must retain its financial records for at least 7 years. Maximum penalty—4 penalty units. ˙ Return to accompany audited statement 15. When the secretary of an incorporated association gives a copy of the 4 See footnote 1.
s 16 12 s 19 Associations Incorporation Regulation 1982 audited statement mentioned in section 59(4) of the Act to the chief executive under the section, the secretary must also give to the chief executive a return in the approved form. Maximum penalty—4 penalty units. ˙ Cancellation of incorporation 16.(1) This section applies if the incorporation of an incorporated association is cancelled under section 93(2) of the Act. (2) The name of the association must be immediately removed from the register of incorporated associations. (3) Within 2 months after the day the notice of cancellation is served on the secretary of the incorporated association under section 93(2) of the Act, the secretary must 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. ˙ Responsibility of member of management committee 17. Each member of the management committee of an incorporated association must take all reasonable steps to ensure that the incorporated association complies with this regulation. Maximum penalty—4 penalty units. ˙ Offences 18. A proceeding for an offence against this regulation must be heard and decided summarily. ˙ Inspection of documents 19. A person may, on payment of the prescribed fee—
s 20 13 s 20 Associations Incorporation Regulation 1982 (a) inspect a document required to be given to the chief executive under the Act; and (b) obtain an extract from, or a certified or uncertified copy of, the document. ˙ Vesting of property of former association 20.(1) This section applies to the property of Macedonian Orthodox Community Gold Coast Inc. (the “former association” ). (2) The property is vested in the public trustee. (3) If, immediately before the property vests in the public trustee, the former association held the property in trust for its own purposes, or other than under a trust, the public trustee holds the property in trust for the purposes of The Macedonian Orthodox Church and Cultural Community “Sveta Nedela” Gold Coast Inc. (4) If, immediately before the property vests in the public trustee, the former association held the property in trust other than for its own purposes, the public trustee holds the property for the purposes of the trust. (5) The property vested in the public trustee under subsection (2) is vested in The Macedonian Orthodox Church and Cultural Community “Sveta Nedela” Gold Coast Inc. (6) This section expires on 30 September 1998.
14 Associations Incorporation Regulation 1982 ¡ SCHEDULE 1 FEES section 3 1. Application for incorporation of association, amalgamation of incorporated associations or transfer of incorporation of a friendly society . . . . . . . . . . . . . . . . . . 2. Application for registration of change of name . . . . . . . . 3. Certificate of incorporation . . . . . . . . . . . . . . . . . . . . . . . 4. Application to register an amendment of rules . . . . . . . . 5. Lodgment of annual return and audited financial statement 6. Additional fee for lodgment of return mentioned in item 5— (a) more than 1 month but less than 2 months late . . . . (b) 2 months late or more . . . . . . . . . . . . . . . . . . . . . . . 7. Application for exemption from having ‘incorporated’ or ‘inc’ in an association’s name . . . . . . . . . . . . . . . . . . . . . 8. Application to have a name for an association that is, or includes, an undesirable name . . . . . . . . . . . . . . . . . . . . . 9. Certified copy of a certificate of incorporation or certificate under section 127 of the Act . . . . . . . . . . . . . . 10. Inspection, for a particular incorporated association, of the registers and documents required to be given to the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Computer extract from the register . . . . . . . . . . . . . . . . . 12. Certified copy of, or extract from, a document required to be given to the chief executive—each page . . . . . . . . . . . 13. Uncertified copy of, or extract from, a document required to be given to the chief executive—each page . . . . . . . . . $ 65.00 21.50 21.50 11.40 30.50 21.50 32.00 21.50 21.50 13.40 4.20 13.40 3.00 2.00
15 Associations Incorporation Regulation 1982 ¡ SCHEDULE 1A UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—GENERAL REFERENCES sections 5 and 7 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
16 Associations Incorporation Regulation 1982 SCHEDULE 1A (continued) trustee university PART 2 Column 1 Word or phrase Column 2 Agreement required Anzac bank, banker, banking, savings bank (or words 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 and Trade (Cwlth)
17 Associations Incorporation Regulation 1982 ¡ SCHEDULE 1B UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—OLYMPIC AND PARALYMPIC REFERENCES sections 6 and 8 PART 1 Phrase Games City Gold Games Millennium Games Share the Spirit Summer Games Sydney Games PART 2 Column 1 olympic olympics olympiad olympian paralympic Column 2 city gold games millennium summer
18 Associations Incorporation Regulation 1982 paralympics paralympian SCHEDULE 1B (continued) Sydney two thousand 2000
19 Associations Incorporation Regulation 1982 ¡ SCHEDULE 2 MATTERS TO BE PROVIDED FOR IN RULES section 9 PART 1—MATTERS WITHOUT EXAMPLES 1. The name of the incorporated association. 2. The objects of the incorporated association. 3. The classes of membership of the incorporated association, the conditions of entry to a class, whether membership of a class is limited or unlimited in numbers, how a class is limited (if at all) and additional limitations of rights for a class (for example, voting rights and eligibility for holding of office). 4. The membership or other fees (if any) to be paid by the members of each class of membership of the incorporated association. 5. Whether or not there is a right of rejection or termination of membership and if so, the manner of determining same. 6. Whether or not there is a right of appeal against rejection or termination of membership and if so, the manner of such appeal. 7. The manner in which the register of members shall be kept. 8. In relation to the management committees— (a) the designation of the positions which shall comprise the management committee and the manner of election or appointment of members to such positions; and (b) the term of office of the members of the management committee; and (c) the resignation of members of the management committee; and (d) how members of the management committee are removed from office; and
20 Associations Incorporation Regulation 1982 SCHEDULE 2 (continued) (e) appeal rights of a member of the management committee if the member is removed from office; and (f) the manner of filling of casual vacancies occurring on the management committee; and (g) the frequency of meetings of the management committee, the manner of calling such meetings and the requisite notices thereof; and (h) the procedure to be adopted at meetings of the management committee and the size of the quorum thereof; and (i) the functions and powers of the management committee. 9. In relation to general meetings of the incorporated association— (a) the requisite basis necessary for convening such meetings; and (b) the procedure to be adopted at such meetings and the size of the quorums thereof; and (c) the manner of calling such meetings. 10. The form, custody and use of the common seal of the incorporated association. 11. The manner in which the income and property of the incorporated association is to be managed and, in particular, the mode of drawing and signing cheques for and on behalf of the incorporated association. 12. The preparation of a statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the incorporated association for each financial year and the presentation of the same, after audit, to the members. 13. The frequency at which the financial affairs of the incorporated association are to be audited and the presentation of an auditor’s report to the members. 14. The custody of the books, documents, instruments of title and securities of the incorporated association. 15. The closing date of the financial year of the incorporated association. 16. Distribution of surplus assets on winding-up.
21 Associations Incorporation Regulation 1982 SCHEDULE 2 (continued) PART 2—MATTERS WITH EXAMPLES 1. The recording of minutes of proceedings of management committee meetings and general meetings and inspection of the minutes by financial members. Example—see model rules, section 27(1)(n). 2. The verification of the accuracy of the recording of minutes of meetings. Example—see model rules, section 27(2) to (4). 3. The amendment or rescission of, or addition to, the rules of the incorporated association. Example—see model rules, section 29(1). 4. The validation of an amendment or rescission of, or addition to, the rules of the incorporated association. Example—see model rules, section 29(2). 5. The way the income and property of the incorporated association may be used. Example—see model rules, section 31(11).
22 Associations Incorporation Regulation 1982 ¡ SCHEDULE 3 MODEL RULES section 10 ˙ Name 1. The name of the incorporated association shall be (in these rules called “the association”) ˙ Objects 2. The objects for which the association is established are— (the objects should be set out fully) ˙ Powers 3.(1) The association has, in the exercise of its affairs, all the powers of an individual. (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 ’. (4) The association may also issue secured and unsecured notes, debentures and debenture stock for the association.
23 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Classes of members 4.(1) The membership of the association shall consist of ordinary members, and any of the following classes of members— (a) associate members; (b) life members; (c) honorary members. (2) The number of ordinary members shall be unlimited. ˙ Membership 5.(1) Every person who at the date of incorporation of the association was a member of the unincorporated association and who on or before a date fixed by the management committee for the purpose agrees in writing to become a member of the association shall be admitted by the management committee to the same class of membership of the association as that member held in the unincorporated association. (2) Every member of the association who previously to agreeing to become a member of the association has paid the member’s subscription on or before the date fixed by the management committee for the purpose as a member of the unincorporated association, shall not be liable to pay any further sum by way of annual subscription to the association for the period before the date fixed by the management committee as the date the next annual subscription becomes due. (3) Every applicant for any class of membership of the association (other than the members of the unincorporated association referred to in subsection (1)) shall be proposed by 1 member of the association and seconded by another member. (4) The application for membership shall be made in writing, signed by the applicant and the applicant’s proposer and seconder and shall be in such form as the management committee from time to time prescribes.
24 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Membership fees 6.(1) The membership fees for each class of membership shall be such sum as the members shall from time to time at any general meeting so determine. (2) The membership fees for each class of membership shall be payable at such time and in such manner as the management committee shall from time to time determine. ˙ Admission and rejection of members 7.(1) At the next meeting of the management committee after the receipt of any application and the fee applicable for any class of membership, such application shall be considered by the management committee, who shall thereupon determine upon the admission or rejection of the applicant. (2) Any applicant who receives a majority of the votes of the members of the management committee present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for. (3) Upon the acceptance or rejection of an application for any class of membership the secretary shall forthwith give the applicant notice in writing of such acceptance or rejection. ˙ Termination of membership 8.(1) A member may resign from the association at any time by giving notice in writing to the secretary. (2) Such resignation shall take effect at the time such notice is received by the secretary unless a later date is specified in the notice when it shall take effect on that later date. (3) If a member— (a) is convicted of an indictable offence; or (b) fails to comply with any of the provisions of these rules; or
25 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (c) has membership fees in arrears for a period of 2 months or more; or (d) conducts himself or herself in a manner considered to be injurious or prejudicial to the character or interests of the association; the management committee shall consider whether the member’s membership shall be terminated. (4) The member concerned shall be given a full and fair opportunity of presenting the member’s case and if the management committee resolves to terminate the membership it shall instruct the secretary to advise the member in writing accordingly. ˙ Appeal against rejection or termination of membership 9.(1) A person whose application for membership has been rejected or whose membership has been terminated may within 1 month of receiving written notification thereof, lodge with the secretary written notice of the person’s intention to appeal against the decision of the management committee. (2) Upon receipt of a notification of intention to appeal against rejection or termination of membership the secretary shall convene, within 3 months of the date of receipt by the secretary of such notice, a general meeting to determine the appeal. (3) At any such meeting the applicant shall be given the opportunity to fully present the applicant’s case and the management committee or those members thereof who rejected the application for membership or terminated the membership subsequently shall likewise have the opportunity of presenting its or their case. (4) The appeal shall be determined by the vote of the members present at such meeting. (5) Where a person whose application is rejected, does not appeal against the decision of the management committee within the time prescribed by these rules or so appeals but the appeal is unsuccessful, the secretary shall forthwith refund the amount of any fee paid.
26 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Register of members 10.(1) The management committee shall cause a register to be kept in which shall be entered the names and residential addresses of all persons admitted to membership of the association and the dates of their admission. (2) Particulars shall also be entered into the register of deaths, resignations, terminations and reinstatements of membership and any further particulars as the management committee or the members at any general meeting may require from time to time. (3) The register shall be open for inspection at all reasonable times by any member who previously applies to the secretary for such inspection. ˙ Secretary 11.(1) If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must appoint or elect a secretary for the association within 1 month after incorporation. (2) If a vacancy happens in the office of secretary, the members of the management committee must appoint or elect a secretary within 1 month after the vacancy happens. (3) The secretary must be an individual residing in Queensland, or in another State but not more than 65 km from the Queensland border, who is— (a) a member of the association elected by the association as secretary; or (b) a member of the association’s management committee appointed by the committee as secretary; or (c) appointed by the management committee as secretary (whether or not the individual is a member of the association). (4) The management committee may appoint and remove the secretary at any time.
27 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Membership of management committee 12.(1) The management committee of the association shall consist of a president, vice-president, treasurer, all of whom shall be members of the association, and such number of other members as the members of the association at any general meeting may from time to time elect or appoint. (2) At the annual general meeting of the association, all the members of the management committee for the time being shall retire from office, but shall be eligible upon nomination for re-election. (3) The election of officers and other members of the management committee shall take place in the following manner— (a) any 2 members of the association shall be at liberty to nominate any other member to serve as an officer or other member of the management committee; (b) the nomination, which shall be in writing and signed by the member and the member’s proposer and seconder, shall be lodged with the secretary at least 14 days before the annual general meeting at which the election is to take place; (c) a list of the candidates’ names in alphabetical order, with the proposers’ and seconders’ names, shall 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; (d) balloting lists shall be prepared (if necessary) containing the names of the candidates in alphabetical order, and each member present at the annual general meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies; (e) should, at the commencement of such meeting, there be an insufficient number of candidates nominated, nominations may be taken from the floor of the meeting.
28 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Resignation or removal from office of member of management committee 13.(1) Any member of the management committee may resign from membership of the management committee at any time by giving notice in writing to the secretary but such resignation shall take effect at the time such notice is received by the secretary unless a later date is specified in the notice when it shall take effect on that later date or such member may be removed from office at a general meeting of the association where that member shall be given the opportunity to fully present the member’s case. (2) The question of removal shall be determined by the vote of the members present at such a general meeting. (3) There is no right of appeal against a member’s removal from office under this section. ˙ Vacancies on management committee 14.(1) The management committee shall have power at any time to appoint any member of the association to fill any casual vacancy on the management committee until the next annual general meeting. (2) The continuing members of the management committee may act notwithstanding any casual vacancy in the management committee, but if and so long as their number is reduced below the number fixed by or pursuant to these rules as the necessary quorum of the management committee, the continuing member or members may act for the purpose of increasing the number of members of the management committee to that number or of summoning a general meeting of the association, but for no other purpose. ˙ Functions of the management committee 15.(1) Except as otherwise provided by these rules and subject to resolutions of the members of the association carried at any general meeting the management committee—
29 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (a) shall have the general control and management of the administration of the affairs, property and funds of the association; and (b) shall have authority to interpret the meaning of these rules and any matter relating to the association on which these rules are silent. (2) The management committee may exercise all the powers of the association— (a) to borrow or raise or secure the payment of money in such manner as the members of the association may think fit and secure the same 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 and in particular by the issue of debentures, perpetual or otherwise, charged upon all or any of the association’s property, both present and future, and to purchase, redeem or pay off any such securities; and (b) to borrow amounts from members and to pay interest on the amounts borrowed, and to mortgage or charge its property or any part thereof and to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the association, and to provide and pay off any such securities; and (c) to invest in such manner as the members of the association may from time to time determine. (3) For subsection (2)(b), the rate of interest must not be more than the rate for the time being charged for overdrawn accounts on money lent (whatever 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 association. ˙ Meetings of management committee 16.(1) The management committee shall meet at least once every 4 calendar months to exercise its functions.
30 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (2) The management committee must decide how a meeting is to be called. (3) Notice of a meeting is to be given in the way decided by the management committee. (4) A special meeting of the management committee shall be convened by the secretary on the requisition in writing signed by not less than one-third of the members of the management committee, which requisition shall clearly state the reasons why such special meeting is being convened and the nature of the business to be transacted thereat. (5) At every meeting of the management committee a simple majority of a number equal to the number of members elected and appointed to the management committee as at the close of the last general meeting of the members, shall constitute a quorum. (6) Subject as previously provided in this section, the management committee may meet together and regulate its proceedings as it thinks fit. (7) However, questions arising at any meeting of the management committee shall be decided by a majority of votes and, in the case of equality of votes, the question shall be deemed to be decided in the negative. (8) A member of the management committee shall not vote in respect of any contract or proposed contract with the association in which the member is interested, or any matter arising thereout, and if the member does so vote the member’s vote shall not be counted. (9) Not less than 14 days notice shall be given by the secretary to members of the management committee of any special meeting of the management committee. (10) Such notice shall clearly state the nature of the business to be discussed thereat. (11) The president shall preside as chairperson at every meeting of the management committee, or if there is no president, or if at any meeting the president is not present within 10 minutes after the time appointed for holding the meeting, the vice-president shall be chairperson or if the vice-president is not present at the meeting then the members may choose 1 of their number to be chairperson of the meeting.
31 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (12) If within half an hour from the time appointed for the commencement of a management committee meeting a quorum is not present, the meeting, if convened upon the requisition of members of the management committee, shall lapse. (13) In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the management committee may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the meeting shall lapse. ˙ Delegation of powers of management committee 17.(1) The management committee may delegate any of its powers to a subcommittee consisting of such members of the association as the management committee thinks fit. (2) Any subcommittee so formed shall in the exercise of the powers so delegated conform to any regulations that may be imposed on it by the management committee. (3) A subcommittee may elect a chairperson of its meetings. (4) If no such chairperson is elected, or if at any meeting the chairperson is not present within 10 minutes after the time appointed for holding the 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 thinks proper. (6) Questions arising at any meeting shall be determined by a majority of votes of the members present and, in the case of an equality of votes, the question shall be deemed to be decided in the negative. ˙ Acts not affected by defects or disqualifications 18. All acts done by any meeting of the management committee or of a subcommittee or by any person acting as a member of the management committee shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the
32 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) management committee or person acting as aforesaid, or that the members of the management committee or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of the management committee. ˙ Resolutions of management committee without meeting 19.(1) A resolution in writing signed by all the members of the management committee for the time being entitled to receive notice of a meeting of the management committee shall be as valid and effectual as if it had been passed at a meeting of the management committee duly convened and held. (2) Any such resolution may consist of several documents in like form, each signed by 1 or more members of the management committee. ˙ First general meeting 20.(1) The first general meeting must be held not less than 1 month, and not more than 3 months, after the day the association is incorporated. (2) The management committee must decide where the meeting is to be held. (3) The business to be transacted at the first general meeting must include the appointment of an auditor. ˙ First annual general meeting 21. The first annual general meeting must be held within 18 months after the day the association is incorporated. ˙ Subsequent annual general meetings 22. Each subsequent annual general meeting must be held— (a) at least once each year; and
33 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (b) within 3 months after the end of the association’s previous financial year. ˙ Business to be transacted at annual general meeting 23. The following business must be transacted at every annual general meeting— (a) the receiving of the statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the association for the last financial year; (b) the receiving of the auditor’s report on the financial affairs of the association for the last financial year; (c) the presenting of the audited statement to the meeting for adoption; (d) the election of members of the management committee; (e) the appointment of an auditor. ˙ Special general meeting 24.(1) The secretary shall convene a special general meeting by sending out notice of the meeting within 14 days of— (a) being directed to do so by the management committee; or (b) being given a requisition in writing signed by not less than one–third of the members presently on the management committee or not less than the number of ordinary members of the association which equals double the number of members presently on the management committee plus 1; or (c) being given a notice in writing of an intention to appeal against the decision of the management committee to reject an application for membership or to terminate the membership of any person. (2) A requisition mentioned in subsection (1)(b) shall clearly state the reasons why such special general meeting is being convened and the nature of the business to be transacted thereat.
34 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Quorum at general meeting 25.(1) At any general meeting the number of members required to constitute a quorum shall be double the number of members presently on the management committee plus 1. (2) No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business. (3) For the purposes of this rule— “member” includes a person attending as a proxy or as representing a corporation which is a member. (4) If within half an hour from the time appointed for the commencement of a general meeting a quorum is not present, the meeting, if convened upon the requisition of members of the management committee or the association, shall lapse. (5) In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the management committee may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the members present shall be a quorum. (6) The chairperson may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (7) When a meeting is adjourned for 30 days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. (8) Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting. ˙ Notice of general meeting 26.(1) The secretary shall convene all general meetings of the association by giving not less than 14 days notice of any such meeting to the members
35 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) of the association. (2) The manner by which such notice shall be given shall be determined by the management committee. (3) However, notice of any meeting convened for the purpose of hearing and determining the appeal of a member against the rejection or termination of the member’s membership by the management committee, shall be given in writing. (4) Notice of a general meeting shall clearly state the nature of the business to be discussed thereat. ˙ Procedure at general meeting 27.(1) Unless otherwise provided by these rules, at every general meeting— (a) the president shall preside as chairperson, or if there is no president, or if the president is not present within 15 minutes after the time appointed for the holding of the meeting or is unwilling to act, the vice-president shall be the chairperson or if the vice-president is not present or is unwilling to act then the members present shall elect 1 of their number to be chairperson of the meeting; and (b) the chairperson shall maintain order and conduct the meeting in a proper and orderly manner; and (c) every question, matter or resolution shall be decided by a majority of votes of the members present; and (d) every member present shall be entitled to 1 vote and in the case of an equality of votes the chairperson shall have a second or casting vote; and (e) however, no member shall be entitled to vote at any general meeting if the member’s annual subscription is more than 1 month in arrears at the date of the meeting; and
36 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (f) voting shall be by show of hands or a division of members, unless not less than one-fifth of the members present demand a ballot, in which event there shall be a secret ballot; and (g) the chairperson shall appoint 2 members to conduct the secret ballot in such manner as the chairperson shall determine and the result of the ballot as declared by the chairperson shall be deemed to be the resolution of the meeting at which the ballot was demanded; and (h) a member may vote in person or by proxy or by attorney and on a show of hands every person present who is a member or a representative of a member shall have 1 vote and in a secret ballot every member present in person or by proxy or by attorney or other duly authorised representative shall have 1 vote; and (i) the instrument appointing a proxy shall be in writing, in the common or usual form, under the hand of the appointor or of the appointor’s attorney duly authorised in writing or, if the appointor is a corporation, either under seal or under the hand of an officer or attorney duly authorised; and (j) a proxy may but need not be a member of the association; and (k) the instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a secret ballot; and (l) where it is desired to afford members an opportunity of voting for or against a resolution the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances permit— ASSOCIATION: I, of , being a member of the abovenamed association, hereby appoint of , or failing the member, of ,
37 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) 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 , 19 , and at any adjournment thereof. Signed this day of , 19 . Signature. *in favour of This form is to be used the resolution. *against * Strike out whichever is not desired. (Unless otherwise instructed, the proxy may vote as the proxy thinks fit.); and (m) the instrument appointing a proxy shall be deposited with the secretary prior to the commencement of any meeting or adjourned meeting at which the person named in the instrument proposes to vote; and (n) the secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every management committee meeting and general meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously applies to the secretary for that inspection. (2) For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every management committee meeting shall be signed by the chairperson of that meeting or the chairperson of the next succeeding management committee meeting verifying their accuracy. (3) Similarly, the minutes of every general meeting shall be signed by the chairperson of that meeting or the chairperson of the next succeeding general meeting. (4) However, the minutes of any annual general meeting shall be signed by the chairperson of that meeting or the chairperson of the next succeeding general meeting or annual general meeting. ˙ By-laws 28. The management committee may from time to time make, amend or
38 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) repeal by-laws, not inconsistent with these rules, for the internal management of the association and any by-law may be set aside by a general meeting of members. ˙ Alteration of rules 29.(1) Subject to the provisions of the Associations Incorporation Act 1981 , these rules may be amended, rescinded or added to from time to time by a special resolution carried at any general meeting. (2) However an amendment, rescission or addition is valid only if it is registered by the chief executive. ˙ Common seal 30.(1) The management committee shall provide for a common seal and for its safe custody. (2) The common seal shall only be used by the authority of the management committee and every instrument to which the seal is affixed shall be signed by a member of the management committee and shall be countersigned by the secretary or by a second member of the management committee or by some other person appointed by the management committee for the purpose. ˙ Funds and accounts 31.(1) The funds of the association must be kept in the name of the association in a financial institution decided by the management committee. 5 (2) Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the association and the particulars usually shown in books of a like nature. 5 See footnote 1.
39 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) (3) All moneys shall be deposited as soon as practicable after receipt thereof. (4) All amounts of $100 or over shall be paid by cheque signed by any 2 of the president, secretary, treasurer or other member authorised from time to time by the management committee. (5) Cheques shall be crossed ‘not negotiable’ except those in payment of wages, allowances or petty cash recoupments which may be open. (6) The management committee shall determine the amount of petty cash which shall be kept on the imprest system. (7) All expenditure shall be approved or ratified at a management committee meeting. (8) As soon as practicable after the end of each financial year the treasurer shall cause to be prepared a statement containing particulars of— (a) the income and expenditure for the financial year just ended; and (b) the assets and liabilities and of all mortgages, charges and securities affecting the property of the association at the close of that year. (9) If the association is incorporated within 3 months of the end of the association’s financial year, subsection (8) does not apply for the financial year the association is incorporated. (10) The auditor must examine the statement prepared under subsection (8) and present a report on it to the secretary before the next annual general meeting following the financial year for which the audit was made. (11) The income and property of the association must be used solely in promoting the association’s objects and exercising the association’s powers. ˙ Documents 32. The management committee shall provide for the safe custody of books, documents, instruments of title and securities of the association.
40 Associations Incorporation Regulation 1982 SCHEDULE 3 (continued) ˙ Financial year 33. The financial year of the association shall close on ( insert date ) in each year. ˙ Distribution of surplus assets to another entity 34.(1) This section applies if the association is wound-up under part 10 of the Act and there are surplus assets. (2) The surplus assets must not be distributed among the members but must be given to another entity— (a) that has 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. (3) In this section— “surplus assets” has the meaning given by section 92(3) of the Act.
41 Associations Incorporation Regulation 1982 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 ´ 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 14 October 1998. Future amendments of the Associations Incorporation Regulation 1982 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
42 Associations Incorporation Regulation 1982 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 331 of 1993 20 October 1993 2 to SL No. 251 of 1994 13 September 1994 3 to SL No. 258 of 1995 27 September 1995 3A to SL No. 153 of 1996 8 August 1996 3B to SL No. 217 of 1996 16 September 1996 3C to SL No. 289 of 1996 12 November 1996 3D to SL No. 399 of 1996 3 February 1997 3E to SL No. 173 of 1997 11 July 1997 4 to SL No. 173 of 1997 11 February 1998 4A to SL No. 77 of 1998 14 April 1998
43 Associations Incorporation Regulation 1982 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 2 2 1, 3 ´ 6 List of legislation Associations Incorporation Regulation 1982 made by the Governor in Council on 13 May 1982 pubd gaz 15 May 1982 pp 425–55 commenced 1 July 1982 (see s 2) exp 1 July 1998 (see SIA ss 54 and 61) as amended by— regulations published gazette (pre SL series)— 5 November 1983 p 920 commenced 1 December 1983 22 September 1984 p 288 commenced 1 October 1984 18 June 1985 p 1284 commenced 1 July 1985 21 June 1986 p 1426 commenced 1 July 1986 30 June 1987 p 2389 commenced 1 July 1987 1 August 1987 pp 3057–9 commenced on date of publication 25 June 1988 p 2378 commenced 1 July 1988 24 June 1989 p 1835 commenced 24 June 1989 1 July 1989 pp 2090–1 commenced on date of publication 30 June 1990 pp 1255–6 commenced 1 July 1990 29 September 1990 p 492 commenced on date of publication
44 Associations Incorporation Regulation 1982 29 June 1991 pp 1041–78 commenced 1 July 1991 Department of Justice (Variation of Fees) Regulation 1992 SL No. 198 ss 1–3 sch 1 pubd gaz 26 June 1992 pp 1497–545 ss 1–2 commenced on date of publication remaining provisions commenced 1 July 1992 (see s 2(1)) Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1993 SL No. 242 ss 1–2(1), 3 sch 1 notfd gaz 25 June 1993 pp 1094–9 commenced 1 July 1993 (see s 2(1)) Associations Incorporation Amendment Regulation (No. 1) 1993 SL No. 331 notfd gaz 27 August 1993 pp 1974–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 1993 (see s 2) Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1994 SL No. 251 ss 1–2(1), 3 sch notfd gaz 1 July 1994 pp 1170–7 commenced 1 July 1994 (see s 2(1)) Associations Incorporation Amendment Regulation (No. 1) 1995 SL No. 216 notfd gaz 30 June 1995 pp 1475–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1995 (see s 2) Associations Incorporation Amendment Regulation (No. 2) 1995 SL No. 258 notfd gaz 8 September 1995 pp 170–2 ss 1–2 commenced on date of notification remaining provisions commenced 8 September 1995 (see s 2) Associations Incorporation Amendment Regulation (No. 1) 1996 SL No. 59 notfd gaz 29 March 1996 pp 1468–9 commenced on date of notification Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1996 SL No. 153 ss 1, 2(1), 3 sch notfd gaz 28 June 1996 pp 1164–70 ss 1–2(1) commenced on date of notification remaining provisions commenced 1 July 1996 (see s 2(1)) Associations Incorporation Amendment Regulation (No. 2) 1996 SL No. 217 notfd gaz 23 August 1996 pp 1901–3 commenced on date of notification Department of Justice (Variation of Fees) Regulation 1996 SL No. 289 pts 1, 3 notfd gaz 25 October 1996 pp 764–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 November 1996 (see s 2)
45 Associations Incorporation Regulation 1982 Consumer Law and Other Justice Legislation Amendment Regulation (No. 1) 1996 SL No. 399 pts 1–2 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1997 SL No. 173 ss 1–2(1), 3 sch notfd gaz 27 June 1997 pp 1004–1010 ss 1–2(1) commenced on date of notification remaining provisions commenced 1 July 1997 (see s 2(1)) Associations Incorporation Amendment Regulation (No. 1) 1998 SL No. 77 notfd gaz 9 April 1998 pp 1530–32 commenced on date of notification Equity and Fair Trading (Fees and Charges) Amendment Regulation (No. 1) 1998 SL No. 253 s 3 sch notfd gaz 11 September 1998 pp 145–7 ss 1–2 commenced on date of assent remaining provisions commenced 5 October 1998 (see s 2) ´ 7 List of annotations PART I—PRELIMINARY pt hdg om R1 (see RA s 37) Short title s 1 amd R3 (see RA s 37) Definitions s 2 sub 1993 SL No. 331 s 4; 1995 SL No. 258 s 4 def “chief executive” om R2 (see RA s 39) def “Sydney Olympic Games” ins 1995 SL No. 258 s 4 def “Sydney Paralympic Games” ins 1995 SL No. 258 s 4 Fees s 3 prev s 3 sub 1993 SL No. 331 s 4 om 1995 SL No. 258 s 4 pres s 3 sub 1993 SL No. 331 s 4 Register of refused associations s 4 sub 1993 SL No. 331 s 4 Undesirable names—general references—Act, s 43(2)(d) prov hdg amd 1996 SL No. 59 s 2 sch s 5 prev s 5 sub 1992 SL No. 198 s 3 sch 1; 1993 SL No. 331 s 4 om 1995 SL No. 258 s 5 pres s 5 sub 1993 SL No. 331 s 4; 1995 SL No. 258 s 6 PART 2—INCORPORATION OF ASSOCIATIONS pt hdg om 1993 SL No. 331 s 4
46 Associations Incorporation Regulation 1982 Undesirable names—olympic and paralympic references—Act, s 43(2)(d) prov hdg amd 1996 SL No. 59 s 2 sch s 6 prev s 6 sub 1993 SL No. 331 s 4 om 1995 SL No. 258 s 5 pres s 6 sub 1993 SL No. 331 s 4; 1995 SL No. 258 s 6 Application to have undesirable name—general references—Act, s 45 prov hdg amd 1996 SL No. 59 s 2 sch s 7 prev s 7 sub 1993 SL No. 331 s 4 om 1995 SL No. 258 s 5 pres s 7 sub 1993 SL No. 331 s 4; 1995 SL No. 258 s 6 PART 3—EFFECTS OF INCORPORATION pt hdg om 1993 SL No. 331 s 4 Application to have undesirable name—olympic and paralympic references—Act, s 45 prov hdg amd 1996 SL No. 59 s 2 sch s 8 sub reg pubd gaz 1 August 1987 pp 3057–9; 1993 SL No. 331 s 4; 1995 SL No. 258 s 6 PART 4—RULES pt hdg om 1993 SL No. 331 s 4 Matters to be provided for in rules s 9 sub 1993 SL No. 331 s 4; 1995 SL No. 258 s 6 Model rules s 10 sub 1993 SL No. 331 s 4; 1995 SL No. 258 s 6 Application to register amendment of rules—Act, s 48 prov hdg amd 1996 SL No. 59 s 2 sch s 11 ins 1995 SL No. 258 s 6 om 1996 SL No. 399 s 4 Incorporated association must operate an account s 12 sub 1993 SL No. 331 s 4 PART 5—MANAGEMENT COMMITTEE pt hdg om 1993 SL No. 331 s 4 Incorporated association must keep specified records s 13 sub 1993 SL No. 331 s 4 amd 1995 SL No. 258 s 7; 1996 SL No. 59 s 2 sch Accounting requirements s 14 sub 1993 SL No. 331 s 4 Return to accompany audited statement s 15 amd reg pubd gaz 24 June 1989 p 1835 sub 1993 SL No. 331 s 4 amd 1995 SL No. 258 s 8; 1996 SL No. 59 s 2 sch
47 Associations Incorporation Regulation 1982 Cancellation of incorporation s 16 amd reg pubd gaz 24 June 1989 p 1835; 29 September 1990 p 492 sub 1993 SL No. 331 s 4 amd 1996 SL No. 59 s 2 sch Responsibility of member of management committee s 17 sub 1993 SL No. 331 s 4 PART 6—WINDING UP pt hdg om 1993 SL No. 331 Offences s 18 sub 1993 SL No. 331 s 4 PART 7—MISCELLANEOUS pt hdg om 1993 SL No. 331 s 4 Inspection of documents s 19 sub 1993 SL No. 331 s 4 sub 1995 SL No. 258 s 9 Vesting of property of former association s 20 prev s 20 ins 1996 SL No. 59 s 3 exp 1 April 1997 (see s 20(3)) pres s 20 ins 1998 SL No. 77 s 3 exp 30 September 1998 (see s 20(6)) Vesting of bank account of former association s 21 ins 1996 SL No. 217 s 3 exp 30 September 1996 (see s 21(5)) Numbering and renumbering of regulation s 23 sub 1995 SL No. 258 s 9 om R3 (see RA s 37) SCHEDULE 1—FEES prev sch 1 amd reg pubd gaz 1 August 1987 pp 3057–9; 24 June 1989 p 1835 om 1993 SL No. 331 s 5 pres sch 1 (prev sch 2) sub reg pubd gaz 5 November 1983 p 920; 22 September 1984 p 288; 18 June 1985 p 1284; 21 June 1986 p 1426; 30 June 1987 p 2389; 25 June 1988 p 2378; 1 July 1989 pp 2090–1; 30 June 1990 pp 1255–6; 29 June 1991 pp 1041–78; 1992 SL No. 198 s 3 sch 1; 1993 SL No. 242 s 3 sch 1 renum 1993 SL No. 331 s 6 sub 1994 SL No. 251 s 3 sch; 1995 SL No. 216 s 4; 1995 SL No. 258 s 10; 1996 SL No. 153 s 3 sch amd 1996 SL No. 289 s 7 sub 1997 SL No. 173 s 3 sch; 1998 SL No. 253 s 3 sch SCHEDULE 1A—UNDESIRABLE NAMES FOR ASSOCIATIONS—GENERAL REFERENCES ins 1995 SL No. 258 s 10 amd 1996 SL No. 399 s 5 INCORPORATED
48 Associations Incorporation Regulation 1982 SCHEDULE 1B—UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—OLYMPIC AND PARALYMPIC REFERENCES ins 1995 SL No. 258 s 10 SCHEDULE 2—MATTERS TO BE PROVIDED FOR IN RULES prev sch 2 renum as sch 1 1993 SL No. 331 s 6 pres sch 2 (prev sch 3) renum 1993 SL No. 331 s 6 amd 1995 SL No. 258 s 11; 1996 SL No. 59 s 2 sch SCHEDULE 3—MODEL RULES prev sch 3 renum as sch 2 1993 SL No. 331 s 6 pres sch 3 (prev sch 4) renum 1993 SL No. 331 s 6 Powers s 3 sub 1995 SL No. 258 s 12(1) Membership s 5 amd 1996 SL No. 59 s 2 sch Secretary s 11 ins 1995 SL No. 258 s 12(2) amd 1996 SL No. 399 s 6(1)–(2) Membership of management committee s 12 amd 1995 SL No. 258 s 12(3) Resignation or removal from office of member of management committee prov hdg ins 1996 SL No. 59 s 2 sch s 13 amd 1995 SL No. 258 s 12(4) Functions of the management committee s 15 amd 1995 SL No. 258 s 12(5)–(6) Meetings of management committee s 16 amd 1995 SL No. 258 s 12(7)–(8); 1996 SL No. 59 s 2 sch; 1996 SL No. 399 s 6(3) Delegation of powers of management committee s 17 hdg ins 1996 SL No. 59 s 2 sch Acts not affected by defects or disqualifications s 18 hdg ins 1996 SL No. 59 s 2 sch Resolutions of management committee without meeting s 19 hdg ins 1996 SL No. 59 s 2 sch First general meeting s 20 sub 1995 SL No. 258 s 12(9) First annual general meeting s 21 ins 1995 SL No. 258 s 12(9) Subsequent annual general meetings s 22 ins 1995 SL No. 258 s 12(9) Business to be transacted at annual general meeting s 23 sub 1995 SL No. 258 s 12(9)
49 Associations Incorporation Regulation 1982 Special general meeting prov hdg ins 1995 SL No. 258 s 12(10) s 24 amd 1995 SL No. 258 s 12(11)–(15) Quorum at general meeting s 25 hdg ins 1995 SL No. 258 s 12(16) Notice of general meeting s 26 hdg ins 1995 SL No. 258 s 12(17) Procedure at general meeting prov hdg ins 1995 SL No. 258 s 12(18) s 27 amd 1996 SL No. 59 s 2 sch Alteration of rules s 29 amd 1995 SL No. 258 s 12(19) Funds and accounts s 31 amd reg pubd gaz 24 June 1989 p 1835; reg pubd 29 September 1990 p 492; 1993 SL No. 331 s 7; 1995 SL No. 258 s 12(20) Financial year s 33 amd 1995 SL No. 258 s 12(21) Distribution of surplus assets to another entity s 34 sub 1995 SL No. 258 s 12(22) amd 1996 SL No. 59 s 2 sch SCHEDULE 4—MODEL RULES renum as sch 3 1993 SL No. 331 s 6 ´ 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 and Associations Incorporation Amendment Regulation (No. 2) 1995 s 9 Previous Renumbered as 4....................................................3 8....................................................4 9....................................................5 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
50 Associations Incorporation Regulation 1982 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 schedule 3 5(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5(2) 5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5(3) 5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5(4) 8(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8(2) 8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8(3) 8(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8(4) 9(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9(3) 9(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9(4) 9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9(5) 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(1) 15(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(2) 15(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(3) 15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(4) 15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(5) 15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(6) 15(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(7) 15(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(8) 15(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(9) 15(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(10) 15(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(11) 15(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(12) 15(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16(13) 16(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17(1) 16(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17(2) 16(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17(3) 16(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17(4) 16(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17(5) 16(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17(6) 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 19B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
51 Associations Incorporation Regulation 1982 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 22(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(3) 22(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(4) 22(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(5) 22(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(6) 22(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(7) 22(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(8) 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 © State of Queensland 1998