Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015

Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015

No. 33 of 2015

table of provisions

SectionPage

1Purposes

2Commencement

3Principal Act

4Application for incorporation

5Application for incorporation under this Act

6Application for amalgamation

7Application to change name of incorporated association

8Trust property

9Alteration of rules

10First secretary

11Lodgement of financial statements with Registrar

12Exemption from requirement to lodge financial statements

13Extension of time to hold annual general meeting or to lodge financial statements

14Exemption from requirements

15Publication of notices on Internet

16Register

17Duplicate certificate of registration

18Repeal of amending Act

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Endnotes

1General information

SectionPage

Victoria

SectionPage

Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015[†]

No. 33 of 2015

[Assented to 25 August 2015]

Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015
No. 33 of 2015

The Parliament of Victoriaenacts:

Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015
No. 33 of 2015

1Purposes

The main purposes of this Act are to amend the Associations Incorporation Reform Act 2012—

(a)to facilitate the making of applications and other transactions under that Act through the use of electronic (digital and online) media; and

(b)to replace the requirement for a tier one association to lodge a copy of its financial statementsfor each financial year with a requirement to submit an annual statement.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 December 2015, it comes into operation on that day.

3Principal Act

In this Act, the Associations Incorporation Reform Act 2012 is called the Principal Act.

4Application for incorporation

For section 6(4) of the Principal Act substitute—

"(4)The application must—

(a)in relation to the rules of the proposed incorporated association—

(i)be accompanied by a copy of those rules; or

(ii)state that the association has approved the adoption of the model rules; and

(b)state whether the association is to be the trustee of one or more trusts and, if so, state the name of each trust; and

(c)be accompanied by, or make provision for the payment of, the prescribed fee (if any).

Note

If the rules approved by an association vary in any manner from the model rules (other than in particulars relating to the name, purpose or financial year of the proposed incorporated association), the rules are taken not to be model rules. Consequently, the application must comply with subsection (4)(a)(i) and, on the incorporation of the association under this Act, sections 49(3) and 49(4) do not apply to those rules.".

5Application for incorporation under this Act

For section 12(3) of the Principal Actsubstitute—

"(3)The application must—

(a)state the full name of the registrable body and its registration number; and

(b) in relation to the rules proposed to be in force on the incorporation of the body under this Act—

(i)be accompanied by a copy of those rules; or

(ii)state that the body has approved the adoption of the model rules; and

(c)state whether the association is to be the trustee of one or more trusts and, if so, state the name of each trust; and

(d) be accompanied by, or make provision for the payment of, the prescribed fee (if any).

Note

If the rules approved by a registrable body vary in
any manner from the model rules (other than in particulars relating to the name, purpose or financial year of the proposed incorporated association), the rules are taken not to be model rules. Consequently, the application must comply with subsection (3)(b)(i) and, on the incorporation of the body under this Act, sections49(3) and 49(4) do not apply to those rules.".

6Application for amalgamation

In section 18(3)(d) of the Principal Act, after "prescribed fee" insert "(if any)".

7Application to change name of incorporated association

For section 24(3)(c) of the Principal Act substitute—

"(c)include a statement confirming that the change of name of the incorporated association was approved by special resolution and specifying the date on which that resolution was passed; and

(d)be accompanied by, or make provision for the payment of, the prescribed fee (if any).".

8Trust property

Section 31(3) and (4) of the Principal Act are repealed.

9Alteration of rules

For section 50(4) of the Principal Act substitute—

"(4)The application must—

(a)be accompanied by a copy of the minutes of the meeting of the association at which the special resolution was passed; and

(b)be accompanied by a consolidated copy of the rules that clearly shows the alteration; and

(c)be accompanied by, or make provision for the payment of, the prescribed fee (if any).".

10First secretary

(1)For section 72(1) of the Principal Act substitute—

"(1) Subject to subsections (2) and (3), the first secretary of an incorporated association is the person nominated to be the first secretary of the association in the application for itsincorporation under this Act.".

(2)After section 72(2) of the Principal Act insert—

"(3)A person who is first secretary of an incorporated association by virtue of this section as in force immediately before its amendment by the Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015remains the first secretary of the association.".

11Lodgement of financial statements with Registrar

(1)In the heading to section 102 of the Principal Act, for "financial statements" substitute "annual statement".

(2)In section 102(1) of the Principal Act, for
"in accordance with this section a copy of the financial statements of the association prepared for that year" substitute "an annual statement for that year in the approved form".

(3)In section 102(2) of the Principal Act—

(a)for "The financial statements" substitute
"The annual statement for a financial year".

(b) in paragraph (a), for "the financial statements" substitute "its financial statements for that year".

(4) For section 102(3), (4) and (5) of the Principal Act substitute—

"(3)The annual statement must—

(a)include a statement of the terms of any resolution passed at the annual general meeting concerning the financial statements; and

(b) be accompanied by, or make provision for the payment of, the prescribed fee (if any).

(4)In the case of a tier two association, the annual statement must also be accompanied by—

(a)the financial statements of the association; and

(b)a copy of the report of the review of the financial statements provided in accordance with section 96(2)(b).

(5)In the case of a tier three association, the annual statement must also be accompanied by—

(a)the financial statements of the association; and

(b)a copy of the auditor's report referred to in section 99(3)(b).".

12Exemption from requirement to lodge financial statements

(1)In the heading to section 103 of the Principal Act, for "requirement to lodge financial statements" substitute "requirements under section 102".

(2)In section 103(2)(c) of the Principal Act, after "prescribed fee" insert "(if any)".

13Extension of time to hold annual general meeting or to lodge financial statements

(1)In the heading to section 104 of the Principal
Act, for "financial statements" substitute "annual statement".

(2)In section 104(1)(b) of the Principal Act,
for "financial statements" substitute
"annual statement".

(3) In section 104(2)(c) of the Principal Act, after "prescribed fee" insert "(if any)".

14Exemption from requirements

In section 108(2)(c) of the Principal Act, after "prescribed fee" insert "(if any)".

15Publication of notices on Internet

In sections 128(2)(b), 135(2)(b) and 138(3) of the Principal Act for "in a newspaper circulating generally in the State" substitute "on an Internet website maintained by the Registrar".

16Register

(1)For section 191(3) of the Principal Act substitute—

"(3)The purpose of keeping the register is to enable members of the public to have access to information about the purposes, rules, contact details and secretaries of incorporated associations in Victoria.".

(2)In section 191(4) of the Principal Act—

(a)paragraphs (f) and (l) are repealed;

(b)in paragraph (o), for "the date they were approved" substitute "the date they were entered in the Register".

17Duplicate certificate of registration

In section 197 of the Principal Act, after "prescribed fee" insert "(if any)".

18Repeal of amending Act

This Act is repealed on 1 December 2016.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015
No. 33 of 2015

Endnotes

1General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

[†] Minister's second reading speech—

Legislative Assembly: 10 June 2015

Legislative Council: 25 June 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Associations Incorporation Reform Act 2012 to facilitate the making of applications and other transactions under that Act through the use of electronic (digital and online) media, to reduce the reporting requirements of smaller associations and for other purposes."