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©State of Queensland
SAM S. DOUMANY.
* ASSOCIAnONS INCORPORATION REGULATIONS 1982
Department of Justice,
Brisbane, 13th May, 1982.
HIS' Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Associations Incorporation Act 1981, has been pleased to make the following Regulations.
ASSOCIATIONS INCORPORATION REGULATIONS 1982
PART I-PRELIMINARY
1. Short Tide and Commencement. (1) These Regulations may be cited as the Associations Incorporation Regulations 1982.
(2) These Regulations shall come into operation on the date upon which this Act comes into operation.
2. Arrangement of Regulations. These Regulations are arranged as foIlows:-
PART I-PRELI~flNARY(Regulations 1-5);
PART II-INCORPORATION OF ASSOCI.~TIONS (Regulations 6-11);
PART Ill-EFFECTS OF INCORPORATION (Regulation 12);
PART IV-RULES (Regulations 13-15);
PART V-MANAGEMENT COMMITTEE (Regulations 16-20);
PAR'f VI-WINDING UP (Regulation ~1);
PART VII-MISCELLANEOUS (Regulations 22-23);
FIRST SCHEDULE;
SECOND SCHEDULE;
THIRD SCHEDULE;
FOURTH SCHEDULE.
3. Interpretation. In these Regulations, save where a contrary intention appears, "Registrar" means the Registrar, Charities and Associa- tions Branch, Administrat~onDivision, Department of Justice and includes a person who, at the material time, is performing the duties of the Registrar.
4. Fonns. ( 1) The Forms set forth in the First Schedule hereto shall be used for the purposes for which they are respectively applicable:
Provided that no such Fornl shall be deemed invalid if it is to the effect of the respectiv~lyproper FornI in the said Schedule with such modifica- tions as the circumstances may require.
*Published in Queensland Government Ga;.elfe, dated 15th May, 1982, Vol. CCLXX, No. 27t pages 425-456.
2 Associations IJicor/)()ratiol1 Regu/(Ilions 1982
(2) \Vht:rl: a I:"nrnl pr~sl:ribcd by these: Regulatiuns r~4ujr~s COTl1-
plt:tlon by the insertion of particulars or other nlatters referred to in the Form, tho~e particulars or other matters are prcscrihed as the particulars or other matters required under the provisions of this Act for the purpose for which the Form is prescribed.
(3) A Form prescribed by these Regulations shall be completed in accordance with such directions and instructions as are specified in the Form as so prescribed.
(4) In these Regulations a reference to a Fornl by number IS a reference to the Form in the First Schedule hereto which bears that number.
s.
Fees. The fees set out ill the Second Schedule hereto shall be the fees payable to the Under Secrecary in'respect of the matters specified therein.PART II-INCORPORATION OF ASSOCIATIONS
6. Application for Incorporation. An application pursuant to section 9 for the incorporation of an association shall be in Form 1 and shall be accompanied by the prescribed fee.
7. Certificate of Incorporation. A certificate of incorporation ,issued pursuant to section 12 shall be in Forln 20
8. Register of Ilicorporated Associations•.Where the Under Secretary grants, or grants subject to conditions, an application for incorporation, the name of the association granted incorporation, the date of the grant and any conditions subject to which the grant is made shall be entered in the Register of Incorporated Associations by the Registrar.
9. Register of Refused Associations. A register of all associations which are refused incorporation shall be kept by the Registrar.
10. Change of Name. (1) An application pursuant to section 17 (2) for approval to a change. of name shall be in Form 3 and shall be accompanied by the prescribed fee.
(2) Where the Under Secretary approves a change of name and the old certificate of incorporation required to be' returned pursuant to section ] 7 (4) has been lost or destroyed, proof thereof shall he verified by the statutory declaration of the secretary.
11. Amalgamation of Incorporated Associations. (1) A notice required to be given pursuant to section 20 (2) shall be in Form 4 and shall be accompanied by the prescribed fec.
(2) Where arr old certificateof incorporation which is required to be returned pursuant to sectiqn 20 (4) has been lost or destroyed, proof thereof shall be verified by the statutory declaration of the secretnry of the association concerned.
Associations Incorporation Regulations ]982 3
PART III-EFFECTS OF INCORPORATION
12. Vesting of Property in Incorporated Association. ( 1) A notice pursuant to section 21 (2) lodged with the Registrar of Titles shall be in Form 5.
(2) A notice pursuant to section 21 (2) lodged with the Registrar of Dealings or any other person shaH so far as applicable, and \vith all necessary modifications, be in Form 5.
(3) A statutory declaration made by a secretary pursuant to section 2J (3) and lodged with the Registrar of Titles shall be in Form 5A.
( 4) A statutory declaration made by a secretary pursuant to section 21 (3) and lodged with the Registrar of Dealings or any other person shall so far as applicable, and with all necessary modifications, be in Form SA.
(5) A declaration made by a trustee pursuant to section 21 (3 ) and lodged with the Registrar of Titles shall be in Form 5B.
(6) A declaration made by a trustee pursuant to section 21 (3) an·d lodged with the Registrar of Dealings or any other person shall so far as' applicable, and with all necessary modifications, be in Form 5s.
PART IV-RULES
13. Registration of Rules. (1) The rules set forth in Part A of the Third Schedule hereto are prescribed as mandatory for the purposes of section 26 (2).
(2) The matters set forth in Part B of the Third Schedule hereto shall be provided for in the rules of an incorporated association.
14. Model Rules. The model rules set forth in the Fourth Schedule hereto are the model rules prescribed for the purposes of section 27.
15. Alteration of Rules. A notice required to be lodged pursuant to section 28 (2) shall be in Forln 6.
PART V-MANAGEMENT COMMITTEE
16. Change of Members. A notice required to be given pursuant to section 36 shall be in Form 7.
17. Secretary. (1) A notice required to be gi yen pursuant to section 39 (1) shall be in Form 8.
(2) A notice required to be given pursuant to section 39 (2) shall be in Form BA.
18. Books of Account and Other Records. (1) Books of account and other records required to be kept by the Management Committee of every incorporated association shall include:-
(a) Cash book or statement of all nloneys received and paid;
(b) Receipt book containing forms of receipts printed in duplicate and consecutively numbered or kept on the numbered butt principle;
4 A·ssociatiolls lncorporatiol1 Regulations 1982
(c) Register of receipt books containing details of all receipt books received, used and held by the incorporated association;
(d) Bank deposit book contaiIling deposit forms in duplicate;
(e) Register of members;
(f) Register of assets;
(g) Petty cash book;
(h) Minute book.
(2) Where the operations of the incorporated aSSOcIatIon warrant, the following additional accounting records shall be kept:-
(a) Ledger;
(b ) Journalo
(3) The Management Committee of every incorporated aSSOcIatIon shall ensure that all books of account and other records of the incorporated association are kept in the English language in such a manner as will- (a) correctly record and explain the transactions and financial
position of the incorporated association;
(b) enable the statement referred to in section 40 to be prepared;
and
(c) enable the accounts alld affairs of the incorporated association to be properly and conveniently audited.
19. Accounting Requirements. TIle nlanncr in 'which the books of account and other records of an incorporated association ·shall be kept shall be as follows=-
(a) The treasurer or other authorised officer of an incorporated association shall, on behalf of the incorporated association, receive all moneys paid to the incorporated association and forthwith after the receipt thereof issue official receipts therefor;
(b) The treasurer or other authorised officer shall cause all moneys received .to be banked, without deduction therefrom, into the incorporated association's bank account as soon as practicable;
(c) Particulars of all receipts and paYlTICnts shall be entered in the cash book without undue delay;
(d) Payments of twenty dollars or over shall be made by cheque drawn upon the incorporated association's bank account;
(e) Payments of less than twenty dollars may be made from a petty cash account which shall be maintained on the imprest system and full details of all payments and reimbursements shall be recorded in the petty cash book;
(f) All expenditure shall be approved or ratified by the l\1anage- ment Committee of the incorporated association and such approvals shall be recorded in the mjonute book;
AssociatiollS Incorporation Regulations 1982 5 (g) All expenditure shall be supported by adequate documenta-
tion which shall be filed in chronological order;
(h) All cheques, bills of exchange, promissory notes or other negotiable instruments shall be signed by any two of the president, secretary, treasurer or other member who has been authorised for that purpose;
(i) The accounting and other records referred to in this Part shall be kept at the office of the incorporated association or at such other plac~ as the Management Committee may by resolution decide;
(j) At regular intervals the cash book shall be balanced and a reconciliation made between the cash book and the bank balance;
(k) The accounting and other records referred to in this Part shall be retained for a period of not less than seven years.
20. Return of Members of Management Committee. Every audited fil1ancial statenlent lodged pursuant to section 40 (6) (a) shall be accompanied by a retl.1rn in Form 9.
PART VI-WINDING UP
21. (I) Cancellation of Incorporation. Upon cancellation of the incorporation 9f an incorporated association the name of that association shall be removed from the Register of Incorporated Associations.
(2) Where the incorporation of an incorporated association is cancelled the certificate of incorporation issued by the Under Secretary shall be returned to him by the secretary of the association not later than two months after the date that notice of the cancellation is served upon him.
(3) Where a certificate of incorporation required to be, returned pursuant to subregulation (2) has been lost or destroyed, proof thereof shall be verified by the statutory declaration of the secretary.
PART VII-MISCELLANEOUS
22. Offences. (1) A person \vho contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regulations and shall be liable to a penalty not exceeding $250.
(2) All offences against these Regulations may be prosecuted in a Sllmlnary way under the Justices Act 1886-1980.
23. Inspections and Copies. A person desirous of inspecting or obtaining a copy or certified copy of or extract from any register kept under this Act or any document lodged with the Under Secretary shall Blake application accompanied by tIle prescribed fee to the Under Secretary, who may grant the desired perhlission or authorise supply of the document.
6 Associations Incorporation Regulations 1982
FIRST SCHEDULE
Form 1
QUEENSLAND
Associations Incorporation Act 1981 (Section 9) Associations Incorporation Regulations 1982 (Regulation 6)
APPLICATION FOR INCORPORATION To The Under Secretary,
Department of Justice, Brisbane, Q.
I, (given names jirsl-SUrnal11e ill BLOCK le/ters) of (residential addre.\.\)t Telephone
Business: Residential: , being a person appointed in
accordance \\Oith section 8 (2) of the As~ociationJ Incorporation Act ]981 by the members of the association hereinafter mentioned, hereby make application for the incorporation of: (present full narne of association for lvhich incorporation is required)
as (1st choice) *Incorporated/lnc.
(2nd choice) *Incorporated/ Inc.
(3rd choice) :fi-Incorporated/lnc.
(Where the applicant a~sociation is a branch of another incorporated association the \\'ord "Branchu must be part of the proposed name and the name of the controlling body must be inserted in (b) belo\,·.)
The following information is suppJied:-
(a) The date the association came into existence:
(b) The association *i~/is not a branch
or
another incorporated associa- tion:(c) The date the association's financial year ends:
(d) The postal address of the association:
(e) The address \\-here the books of account and records of the association are kept;
(f) The name and address of the bank at \vhich the funds of the incorporated association are to be deposited:
(g) The names, addresses, occupations and signatures of the present committee are hereunder:-
Surname Given Names Address Occupation Sianature
(h) ·The present number of members of the association is (i) The principal activity of the association is
Accompanying this application are-
(i) a Statutory Declaration verifying the passing of resolutions referred to in subsections (J) and (2) of section 8 of the A ,\Jociations Incorporation Act 1981;
(ii) a copy of the proposed rules of the association;
(iii) (\\-here the applicant association is a branch of an incorporated associa- tion) the consent in \\;riting of that incorporated association to the
nlaking of this application:
AssocillliOilS IJ1co r/)o,.aIi0 II RegillaIiOilJ I98:2 7
(i\") copy of the last annual report and statement uf the financial affairs of the association;
(\) det ails of alI land and imprO\'enlCn ts 0\\ned or proposed to be acquired by the association;
(vi) the names and present addresses of all trustees registered as proprietors of any land o\\pned by the association. If any such trustee is deceased or incapable of acting or un\villing to act, fuJI details should be provided;
and
(yii) the fees prescrihed in the Second Schedule to the Associations Incorpora- tion Regulations 19R2.
Dated at , this day of , 19
Signature of Applicant.
:;: I)clctc \\'hichcycr is inapplicable.
STl\TCTOIlY DLCL.\H.\TION \'EHII'Y"G l\ RrSOI.L'TrON TO ApPlY FOR INCORP()R,\TIO~
t
J, (gi~'efl nanzc.\' jirst-,\UrnOnle in BLOCK letters) of (residential addreJs) , in the State of Queensland, do solemnly and sincerely declare that on (date) the membcrfoi of the abo\'enamed association, by special resolution resolved to apply for incorpora- tion under the Associatinns Incorporation Act ]981 and that on (date) it \vas resolved by the members that I be appointed to prepare an application for that purpose.
i\nci I nlake thi" solcnll1 dccla rat ion conscientiously believing the same to be true, and by \'irtue of the pro\'isions of the Oaths Act 1867-1981.
Declared at , in the State of Queensland, this
day of , 19
Signature of Declarant.
13efoic me
Justice of the Peace, 'j" Insert name of association.
Form 2
QU£ENSr..\ND
Ass()ciatioll.\ Incorporation Act J981 (Section 12) Associations Incorporation Regulations 19R2 (Regulation 7) No.
C"ERTJFIC'ATE OF INC'ORPOR.ATION OF AN ASSOCIATION
TillS IS to certify that is ('n and from the
day of Act ]981.
, I<) , incorporated under the ..4s\'ocialions Incorporation
lJ11<ler Secretary, I)cpa rtnlcnl of Ju~tice"
8 Associations Incorporation Regulations 1982
Form 3
QUEENSLAND
Association.1i Incorporation Act 1981 (Section 17 (2»
Associations Incorporation Regulations 1982 (Regula tion 10 (1»
APPLICATION FOR APPROVAL TO A CHANGE OF NAME To The Under Secretary,
Department of Justice, Brisbane, Qe
t
Application is hereby made pursuant to section 17 (2) of the Associations Incorporation Act 1981 for your approval of the change of name of the abovenamed association to-
• Incorporated /Inc.
• Incorporated/Inc.
• Incorporated/Inc.
in the new namee Accomc
, 19 Secretary.
day of (1st choice)
(2nd choice) (3rd choice)
~nd for the issue of a fresh certificate of incorporation panying this application are...
(i) • the old certificate of incorporation
*a statutory declaration of the secretary verifying that the old certificate of incorporation has been lost or destroyed; and
(ii) the fees prescribed in the Second Schedule to the Associations Incorpora.., tion Regulations 1982.
Dated at , this
t Insert name of associatione
• Delete whichever is inapplicable.
STATUTORY DECLARATION BY SECRETARY VERIFYING A RESOLUTION FOR A CHANGE OF
NAME
t
I, (given names first-surname in BLOCK lett~rs) of (re.fiidential address), in the State of Queensland, do solemnly and sincerely declare that on (date) the members of the abovenamed association, by special resolution resolved to apply for a change of name under the Associations Incorporation Act 1981.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of,the provisions of the Oaths Act 1867-1981.
Declared at , in the State of Queensland, this
day of , 19
Signature of DeclaranL Before me
Justice of the Peace.
t Insert name of association.
Associations Incorporation Regulations 1982
9
, 19 Secretary.
the amalgamation is
*Incorporated/ Inc.
• IncorporatedlIne.
*Incorporated/Inc.
a certificate of incorporation of the
t Insert present name of the association.
t Insert name(s) of the other association(5) with Which the association is being amalgamated.
=- Delete whichever is inapplicable.
Form 4
QUEENSLAND
As~ociationsIncorporation Act 1981 (Section 20 (2»
Associations Incorporation Regulations 1982 (Regulation 11 (1»
NOTICE OF A SPECIAL RESOLUTION FOR A~1ALGAMATIONOF TWO OR MORE ASSOCIATIONS
To The Under Secretary, Department of Justice, Brisbane, Q.
N011CE is hereby given that at a general meeting of members of t
duly convened and held on the . day of ,
J a special resolution for the amalgamation of that association \\"ith
19 t
was duly passed.
The name of the association to be created by (1st choice)
(2nd choice) (3rd choice) You are requested accordingly ~o issue association created by the amalgamation.
AccompanyIng this notification are-
(i) a copy of the proposed rules of the amalgamated association;
(ii) *the old certificate of incorporation
• a statutory declaration of the secretary verifying that the old certificate of incorporation has been lost or destroyed; and
(iii) the fees prescribed in the Second Schedule to the Associations Incorpora- tion Regulations 1982.
Dated at t this day of
No.
REQUEST TO RECORD VESTING and Ors as Trustees
TO
t
Particulars entered in the Register Book
Volume Folio the
day of 19 , at
Registrar of Titles.
Form 5
QUEENSLAND
AsSocialions Incorpnration Act 1981 (Section 21 (2»
Associations Incorporation Regulations 1982
(Regulation 12 (1) and (2»
The Registrar of Titles
Brisbane . ,
Please record in favour of t
pursuant tosection 21 of the Associations fncorporati?n Act 1981t the vesting of an e~tate In fee simple in the \\'ithin
~entI~ned .land on the Deed(s) par- tlcularlsed In the Schedule to the \vithin Declaration.
Da ted this day of
, 19
Lodged by- . .
t Insert name of incorporated aSSOcIatIon.
Secretary.
10 Associations lIlCOrp()ratioll Regulatiuns 1982 Form 5A
QUEENSLAND
Association.\ Incorporation Act 1981 (Section 21 (3»
Associations Incorporation Regulations 1982 (Regulation 12 (3) and (4»
STATUTORY DECL.~RATION BY SECRETARY
t
I, (gi~'ell nalnes first-.Hlrname in BLOCII: le/ters) of (residential address), in the State of Queensland, do solemnly and sincerely declare as follows:-
in the State of Queensland do sulemnly' and sincerely declare as follo\vs:- 1. That 1 am the secretary of the abo\Oenamed association incorporated pursuant to the provisions of the Assoc;ations Incorpnrat;Otr Act 1981.
2. That § *is/ are the
regi)itered proprietor (s) of an estate in fcc simple in nIl the land dcscrib~d in the Schedule hereto as 'Trustee (s) for t
upon the trusts set forth in II ( No.
3. That the association set forth in clause 2 hereof has been incorporated pursuant to the pro\°isions of the said .~ct under the name first mentioned herein as is evidenced by the accompanying *certificate of incorporation/copy of certificate of incorporation certified by the Under Secretary.
And I make this solemn declaration conscientiously belicying the same to be true, and by \'irtue of the provisions of the Oatlr.~l4cf 1867-1981.
THE SCHEDULE HEREJ~8EFOREREFERRED TO
·0.00or CIT
County Parish Description Area Encunlbrances Volume Folio
Signed and Declared by the above- 1
named Declarant at [
this day of J'"'
19 before me
A Justice of the Peace/Solicitor.
" Insert type of trust document.
t Insert nanle of incorporated associaliun.
:;: Delete \\Ohichever is inapplicable.
:!: Insert name of unincorporated asso~iatiun.
~ Insert names (If trll,tcc~ a, rCl:ordcd nn Cl:rtificatc of Tirlt.:.
Declarant.
Associations Incorporatioll Regulations 19~2
Form 5a
QUEENSLAND
As.HJciationf\ Incorporation Act 1981 (Section 21 (3))
Associations Incorporat.ion Regulations 1982 (Regulation 12 (5) and (0))
DECL.A..RA TION BY TRUSTEE
11
t
J. (gitJen names first-surnalne in BLOCK letters) of (residential addre\s) , in the State of Queensland, do solemnly and sincerely declare as foIJo\\'s:-
l. That I, (§together \\'jth )
am *the/a registered proprietor of an estate in fee simple in all the land dCCOicribcd in the Schedule hereto as T'rustee for i
upon the trusts set forth in II ( ) of Trustee~ No.
2. That the association set forth in clause 1 hereof has been incorporated pursuant to the proyisiol1s of the Associations Incorporation Act 1981 under the name first mentioned herein as is evidenced by the accompanying *certificate of incorporationl copy of certificate of incorporation certified by the Under Secretary.
And I make this solemn declaration conscientiously believing the same to be true, and by \'irtue of the provisions of the Octlts Act 1867-1981.
THE SCHEDULE HEREINBEFORE REFERRED TO
-D.G. or CIT
County Parish Description Area Encurnbr~'H':CS
Volume Folio
Signed and Declared by the above.. } named Declarant at
Declarant.
this day of
19 before me
A Justice of the Peace/Solicitor.
II Insert type of trust document.
t Insert name of incorporated association.
• Delete \vhichever is inapplicable.
t Insert name of unincorporated association.
§ Insert names of trustees (other than declarant) as r~corded on C'ertificate of Title.
12 A ssociations Incorporation Regulations 1982 Form 6
QUEENSLAND
Associations Incorporation Act 1981 (Section 28 (2»
Associations Incorporation Regulations 1982 (Regulation 15)
~NOTICE OF A SPECIAL RESOLUTION TO ALTER THE RULES To The Under Secretary,
Department of Justice, Brisbane, Q.
t
NoncE is hereby given that at a general meeting of the members of the said association duly convened and held at (place) on (date), a special resolution was passed effecting a change to rule(5) No(5). as evidenced by the accompanying copy of such special resolution.
To the best of my information and belief all the requirements of the Act and the rules of the said association relating to such resolution \\'ere duly observed and performed.
Also accompanying this application is the fee prescribed in the Second Schedule to the Associations Incorporation Regulations 1982..
Dated this day of , 19 .
Secretary.
t Insert name of incorporated association.
Form 7
QUEENSLAND
A ssociations Incorporation Act J981 (Section 36) Associations Incorporation Regulations 1982 (Regulation 16) NOT1CE OF CHANGE OF MANAGEMENT COMMITTEE To The Under Secretary,
Department of Justice, Brisbane, Q.
t
NOTICE is hereby given that (given names firs/-surnante in BLOCK letters) of (residential address) (occupation) was, on the day of , 19 ,appointed as :jc the/a (po.~ition) of the abovementioned incorporated association.
This appointment is in place of (gil'en nantes jirst-5urnaJ1le in BLOCK letter~)
of (residential address) (occupation) who ceased to be • the/a (po.sition) of the abovementioned incorporated association on the dayof
19
Dated this day of , 19
t Insert name of incorporated association,
• Delete whicheyer in inapplicable,
Secretary.
Associations Incorporation Regulations 1982
Form 8
QUEENSLAND
A ssociations Incorporation Act 1981 (Section 39 (1»
Associations Incorporation Regulations 1982 (Regulation 17 (1»
NOTICE OF APPOINTMENT OF SECRETARY To The Under Secretary,
Department of Justice, Brisbane, Q.
13
t
NoncE is hereby gi,,·eri that It (given nantes firsJ-surnalne in BLOCK le'ter.~) of (residential address) (occupation) was, on the day of , 19 ,appointe4 secretary of the abovenamed incorporated association for the purposes of the Associations Incorporation .Act 1981.
*This appointment is in place of (given names first-surname in BLOCK leIters) of (residential address) (occupation) who ceased to be the secretary of the above- mentioned incorporated association on the day of
19
Dated this day of , 19
t Insert name of incorporated, association.
• Delete or complete as appropriate.
Secretary.
For.m 8A
QUEENSLAND
Associations Incorporation Act 1981 (Section 39 (2»
Associations Incorporation Regulations 1982 (Regulation 17 (2»
NOTICE OF CHANGE OF ADDRESS OF SECRETARY To The Under Secretary,
Department of Justice, Brisbane, Q.
.Lo
,
NOTICE is hereby given that It (gil'en nanJes firsl-surnal1te in BLOCK lelter~) the secretary of the abovenamed incorporated association changed my residential address
on the day of t 19 , to
Dated this day of , 19
t Insert name of incorporated association.
Secretary.
14 Associations Incorporation Regula/ions 1982
Form 9
QUEENSLAND
A~'sociations Incorporation Act 1981
Associations Incorporation ReS'ulations 1982 (Regulation 20) RETURN OF NIEMBERS OF THE MANAGEMENT COMMITTEE
PARl"lCULARS RELATING TO t AS AT , 19
To The Under Secretary, Department of Justice, Brisbane, Q.
NOTE.-This form should be filled in with BLOCK LETTERS, and returned to the above address, accompanied by the audited financial statement and the fee prescribed in the Second Schedule to the Associations Incorporation Regulations 1982.
President or C/zairperson- Mr
Surname: Mrs Given Names:
Miss Address:
Secretary- Mr Surname: Mrs
Miss Address:
Treasurer- Mr Surname: Mrs
Miss
Given Names:
Given Names:
Addr.ess:
Name and address of Bank handling the business of the a~sociatjon:
The title of Bank Account (s) :
Names of persons authorised to operate on the Bank Account:
(at least two 'signatories)
Address \\'here the books of account and records of the association are kept:
Name and qualifications of auditor. (NOTE.- ..c\uditor must be a person registered as a public accountant under the Public AccoUII/anls RegiJlratio1l Act 1946- 1975 or approved by the TJnder Secretary.)
-
Name Address Qualifications Occupation
NAMES AND ADDRESSES OF THE MANAGE~'1ENTCOMMITTEE
Do not include the names of office-bearers already furnished above.
Dated this
Name
day of
Address
J 19 .
t Insert name of incorporated association.
S(Crl'tary.
Associ"tions Incorporation Regulations 1982
SECOND SCIlf:Dl:l.E
FEES
15
(i) On lodging an application for incorporation. including ;.lll
necessary documents in support thereof 20.00
(ii) On lodging a notice of intending amalgamation of incorporated associations, including all necessary documents in support thereof
and cancellation of certificates of incorporation, each notice 10.00 (iii) On lodging an application for approval of change of name,
including all necessary documents in support thereof and cancel-
lation of certificate of incorporation .. 10.00 (iv) On issue of every certificate of incorporation 10.00
(v) On lodging a notice of a special resolution to amend rules 5.00
(vi) On lodging a return of members of lvfanagement Committt'e
and audited financial statement 10.00
(vii) On late lodgment of return, in aduitiun to any other ft:e-
(a) if lodged \\'ithin one month after the period prescribed by la\v 5.00 (b) if lodged more than one month after the period prescribed
by la\\" but \vithin t\\'O months after the period so prescribed )0.00 (c) if lodged more than t\\'O nlonths after the period prescribed
by la\v . . . . . . . . 15.00
The Under Secretary, if satisfied that just cau~e existed for the late lodgment, may \\'aiYe in ".. hole or in part the additional f~e
under paragraphs (a), (b) or (c) of this item.
(viii) on every application to the Minister to dispense \\'ith the ~'ord
"Incorporated" or the abbreviation HInc.U in the name of an
Association 10.00
(ix) For the supply of a copy of or extract from any doclIntcnt lodged
\l,'ith the Under Secretary,
for each page of the copy or extract 1.00
(x) For the supply of a certified copy of or extract front any document lodged \\'ith the Under Secretary,
for each page of the copy or ext ract .. 1,50
(xi) For certifying a cupy of or extract from any document lodged
\vith the Under Secretary \\'here a printed or typed copy is supplied by an applicant,
for each page of the copy or extract 1.UU
(xii) For c\'cry search or inspection, in relation to a particular incor- porated association, of the registers and documents lodged \\ ith
the lrnder Secretary 2.00
16 AssociatiollS lncorporatioll Regulations 1982
THIRD SCHEDULE
Part A
MANDATORY RULES
1. The secretary shall - cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Manage- ment 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. 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 Chairman of that meeting or the Chairman of the next succeeding Management Committee meeting verifying their accuracy_ Similarly, the minutes of every general meeting shall be signed by- the Chairman of that meeting or the Chairman of the next succeeding general meeting:
Provided that the minutes of any annual general meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding general meeting or annual general meeting.
2. Subject to the provisions of the Associations Incorporation Act, these Rules may be amellded, rescinded or added to from time to time by a special resolution carried at any general meeting: Provided that no such amendment, rescission or addition shall be valid unless the same shall have been previously submitted to and approved by the Under Secretary, Department of Justice, Brisbane.
3. The income and property of the Association whencesoever derived shall be used and applied solely in promotion of its objects and in the exercise of its powers.
Part B
MATTERS TO BE PROVIDED FOR IN RULES 1. The name of the incorporated associationo
2. The objects of the incorporated association.
30 The classes of membership of the incorporated association, the manner of determining admission to each class of membership and whether such membership is limited or unlimited in numbers.
4. The membership or other fees (if any) to be paid by the members of each class of membership of the incorporated association.
5. \Vhcther or not there is a right of rejection or ternlination of membership and if so, the manner of determ-ining 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.
Associations Incorporation Regulations 1982 17 8. In relation to the ~1anagement Committee-
(a) the designation of the positions which shall comprise the Management Committee and the manner of election or appointment of members to such positions;
(b) the tenn of office of the members of the Management Com- mittee;
(c) the resignation of members of the Management Committee;
(d) the manner of removal from officeof members of the Manage- ment Committee, whether or not there is a right of appeal therefrom and if so, the manner of such appeal;
(e) the manner of filling of casual vacancies occurring on the Management Committee;
(f) the frequency of meetings of the Management Committee, the manner of calling such meetings and the requisite notices thereof;
(g) the procedure to be adopted at meetings of the Manage- ment Committee and the size of the quorum thereof; and (h) the functions and powers of the Management Committee.
9. In relation to general meetings of the incorporated association- (a) the requoisite basis necessary for conveningsuch meetings;
(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 incor- porated association.
11. The manner inwhich the income and pro~rtyof 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 an·d 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.
18 A ss()ciatiol1S Illrof/JOratioll Regulatiolls 1982 FOUR'ffl SCliEDULE
MODEL RULES NAME
1. The nan1e of the incorporated association shall be
(in these Rules caIled "the Association~') OBJECTS
2. The objects for which the Association is established are:- (the objects should be set out fully)
POWERS
3. The po\vers of tIle Association are:-
(1) To take over the funds and other assets and the liabiliti~s
of the present unincorporated association known as the
~" ".,
(2) To subscribe to, become a member of and co-operate \vith any other association, club or organization, whether incor- porated or not, \"hose objects are altogether or in part similar to those of the Association provided that the Associa- tion shall not subscribe to or support with its funds any club, association or organization which does not prohibit the distribution of its income and property among its members to an extent at least as great as that imposed on the Association under or by virtue of rule 28. (10);
(3) In furtherance of the objects of the Association to buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the nlembers of the Association or persons frequenting the Association's premises;
(4) To purchase, take on lease or in exchange, hire and other- wise acquire any lands, buildings, easenlcnts or property, real and personal, and any rights or privileges \vhich may be requisite for the purposes of, or capable of being con- veniently used in connexion with, any of the objects of the Association: Provided that in case the Association shall take or hold uny property which may be subject to any trusts the Association shall only deal with the same in such manner as is allowed by la\v having regard to such trusts;
(5) To ~ntcr into any arrangements with any Governnlcnt or AutI10rity that are incidental or conducive to the attainment of the objects and the exercise of the po\vcrs of the Associa- tion; to obtain from any such Go\'ernment or AuthorIty any rights, privileges and concessions \vhich the Association may think it desirable to obtain: and to carrv Ollt .. exercise
and
conlp)y with any such arrangcnlents .. rights~ privilege" and concessions;
Associations Incorporation Regulations 1982 19 (6) To appoint, employ, remove or suspend such managers, clerks, secretaries:! servants, workmen and other persons as may be necessary or convenient for the purposes of the Association;
(7) To remunerate any person or body corporate for services rendered, or to be rendered, and whether by \vay of brokerage or otherwise in placing or assisting to place or guaranteeing the placing of any unsecured notes, debentures or otller securities of the incorporated association, or in or about the incorporated association or promotion of the incorporated association or· in the furtherance of its objects;
(8) To construct, ilnprove, nlaintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the Association's interests, and to contribute to, subsidise or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration or control thereof;
(9) To invest and deal with the nloney of the Association not inll11ediately required in such manner as may from time to time be thought fit;
(10) To take, or otherwise acquire, and hold shares, debentures or other seCllrities of any company or body corporate;
( 11) In furtherance of the objects of the Association to lend and advance money or give credit to any person or body corporate;
to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obliga- tions by any person or body corporate, and otherwise to assist any person or body corporate;
( 12) To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon flucttlating advance account or overdraft or otherwise to represent or secure any moneys and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, 1lien or other security upon the whole or any part of the incorporated association's property or assets present or future and to purchase, redeem or pay-off' any such securities;
( 13) To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments;
20
(14)
(15)
(16 )
(17)
(18)
( 19)
(20)
(21)
(22)
(23)
(24)
Associations Incorporation Regulations 1982
In furtherance of the objects of the Association to se119 improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with aU or any part of the property and rights of the Association;
To take or hold mortgages, liens or charges, to secure pay- ment of the purchase price, or any unpaid balance of the purchase price, of any part of the Association's property of whatsoever kind sold by the Association, or any money due to the Association from purchasers an'd others;
To take any gift of property whether subject to any special trust or not, for anyone or more of the objects of the Association but subject always to the proviso in sub-rule (4);
To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procurin·g contributions to the funds of the Association9 in the shape of donations, annual subscriptions or otherwise;
To print and publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects;
In furtherance of the objects of the Association to amalgamate with anyone or more incorporated associations having objects altogether or in part similar to those of the Associa- tion and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Association under or by virtue of rule 28 (10);
In furtherance of the objects of the Association to purchase or otheiwise acquire and undertake all or any part of the property, assets, liabilities and engagements of anyone or more of the incorporated associations with which the 'Associa- tion is authorised to amalagamate;
In furtherance of the objects of the Association to transfer all or any part of the property, assets, liabilities and ·engagements of the Association to allY one or more of the incorporated associations with which the Association is authorised to
amalgam~te;
To make donations for patriotic, charitable or community purposes;
To transact any lawful business in aid of the Commonwealth of Australia in the prosecution of any war in which the Commonwealth of Australia is engaged;
To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association.
Associations Incorporation Regulations 1982 21
CLASSES OF MEMBERS
4. (1) The membership o~ the Association shall consist of ordinary members, and any of the follow'1ng' 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 the day of ,19 ,agrees in writing to become a member of the Association shall be admitted by the Manage- ment Committee to the same class of membership of the Association as that member held in the unincorporated association. Every member of the Association who previously to his agreeing to become a member o(
the Association has paid his subscription due on the day of ,19 ,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 prior to the day of
, 19
(2) Every applicant for any class of membership of the Association (other than the members of the u'nincorporated association referred to in sub-rule (1)) shall be proposed by one member of the Association and seconded by another member. The application for membership shall be made in writing, signed by the applicant and his proposer and seconder and shall be in such form as the Management Committee from time to time prescribes.
MEl'v1BERSHIP 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 detennine.
AOMISSI00f 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 membersh·ip, 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 nlajority 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.
22 Associations 111corporation Regu.latiolls 1982
(3) UP?n the acceptance or rejection of an applic.ation for any class of membershIp the secretary shall forthwith give the applicant notice in writing of such acceptance or rejection.
TERMINATION OF MEMBERSHIP
. . 8. (I! A. mem~~r may resign from the Association at any time by gIvIng notIce In wrItIng to the secretary. 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.
(2) If a member-
(i) is convicted of an indictable offence; or
(ii) fails to comply with any of the provisions of these Rules; or (iii) has membership fees in arrears for a period of two months
or more; or
(iv) conducts himself in a manner considered to be injurious or prejudicial to the character or interests of the Association, the Manage'ment Committee shall consider whether his membership shall be terminatedo
(3) The member concerned shall be given a full and fair opportunity of presenting his case and if the Management Committee resolves to terminate his membership it shall instruct the secretary to advise the member in writing accordingly.
ApPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
90 (1) A person whose application for membership has been rejected or whose membership has been tenninated may within one month of receiving written notification thereof, lodge with the secretary written notice of his 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 three months of the date of receipt by him of such notice, a general meeting to determine the appeal. At any such meeting the a~plicant
shall be given the opportunity to fully present his case and "the Manage- ment 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. The appeal shall be determined by the vote of the members present at such meeting.
(3) Where a person whose application is rejected, does not appeal against the decision
of
the rvlanagement 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.REGISTER OF MEMBERS
100 (1) The Management C0i11i11ittee 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.
AssociatiollS Incorporatiull Regulations 1982 23 (2) Particulars shall also be entered into the Register of deaths, resignations, terminations and reinstatements of membership and any furtller 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 menlber who previously applies to the secretary for such inspection.
MEMBERSHIP OF NIANAGE1\'IENT CO~IMITTEE
I I. (1) The Management Committee of the Association shall con- sist of a President, Vice-President, Secretary, Treasurer, all of whom shall be members of the Association, and such nunlber of other members as the members of the Association at any general meeting may from time to tinle 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) "fhe election o~ officers and other Inembers of the Management Comnlittee shall take place in the fonowing manner:-
(a) Any two members of the Association shall be at liberty to nominate any other member to serve as an officer or other lnernber of the Management Committee;
(b) The nomination, which shall be in writing and signed by t.he member and his proposer and seconder, shall be lodged wIth the secretary at least fourteen days before the annual general nleeting 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 i~ a conspicuous place in the office or usual place of meetIng of the Association for at least seven days immediately pre- ceding 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 commencenlcnt of such meeting, there be an insufficient number of candidates nominated, nominations may be taken from the floor of the meeting-.
] 2. Any menlber of the Management Committee may resign from 111cmbership of the Management COnll11ittce at any time by giving notice in \vriting 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 \vhen it shall take effect on that later date or such member may be removed frOlTI office at a general meeting of the Association v,'hC'rc that menlber shall be given the opportunity to fully present his case. The question of rcnloval shall be determined bv the vote of the nlcnlbers present at such a genera] nleeting, ..
