Associations Incorporation Act 1981 (Victoria)/Part I

by Government of the State of Victoria, Australia

1 - Short title and commencement

(1) This Act may be cited as the Associations Incorporation Act 1981.

(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2: Repealed

Repealed. ^[1]

3 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter—

‘‘accounting records’’^[2] include— (a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry; and

(b) documents and records that record those entries; and

(c) any working papers and other documents that are necessary to explain the methods and calculations by which accounts are made up

‘‘accounts’’ means ^[3]—

(a) a combination of—

(i) an account of receipts and payments recording the total receipts and payments based on the cash method of accounting; and

(ii) a statement of assets and liabilities; or

(b) a combination of—

(i) an account of income and expenditure recording the total income and expenditure based on the accrual method of accounting; and

(ii) a balance sheet— together with any statements, reports and notes, other than auditors' reports, that are attached to and intended to be read with the account, statement or balance sheet, as the case may be;

‘‘Administrative Appeals Tribunal’’ (repealed)^[4]

‘‘association’’^[5] means an association, society, club, institution or body formed or carried on for any lawful purpose and that has not less than five members;

‘‘books’’ (Repealed)^[6]

‘‘committee’’ in relation to an association or incorporated association means the committee of, or other body having the management of, the association or incorporated association;

‘‘CPA Australia’’ means CPA Australia A.C.N. 008 392 452;^[7]

‘‘financial year’’ in relation to an incorporated association means—

(a) a period of twelve months, or such other period (whether longer or shorter than twelve months) not exceeding eighteen months as the incorporated association resolves, commencing on the date of incorporation of the association; and

(b) each period of twelve months, or such other period (whether longer or shorter than twelve months) not exceeding eighteen months as the incorporated association resolves, commencing at the expiration of the previous financial year of the incorporated association;

‘‘incorporated association’’ means an association that is incorporated under this Act;

‘‘inspector’’ means an inspector appointed under the Fair Trading Act 1999;^[8]

‘‘land’’ includes an estate or interest in land;

‘‘machine copy’’, in relation to a document, means a copy made of the document by any machine in which or process by which an image of the contents of the document is reproduced from surface contact with the document or by the use of photo-sensitive material other than transparent photographic film;

‘‘model rules’’ means the rules prescribed under section 54;

‘‘personal information’’ has the same meaning as in section 3 of the Information Privacy Act 2000;^[9]

‘‘prescribed’’ means prescribed by this Act or the regulations;

‘‘prescribed association’’ means an incorporated association ^[10]—

(a) that has gross receipts in that association's previous financial year in excess of $200 000 or such other amount as is prescribed by regulation; or

(b) that has gross assets in excess of $500 000 or such other amount as is prescribed by regulation; or

(c) that is prescribed or of a class prescribed by regulation;

‘‘property’’ includes real and personal property and any estate or interest in any real or personal property;

‘‘public officer’’ in relation to an incorporated association means the person who is for the time being the public officer of the incorporated association under Part V;

‘‘Registrar’’ means the Registrar of Incorporated Associations and includes any Deputy or Assistant Registrar of Incorporated Associations;

‘‘relevant documents’’ means records or other documents, however compiled, recorded or stored, that relate to the incorporation and management of an incorporated association, including membership records, accounts, accounting records and documents relating to transactions, dealings, business or property of the association;^[11]

‘‘reproduction’’ in relation to a document, means a machine copy of the document or a print made from a negative of the document or an electronic copy of the document;^[12]

‘‘special resolution’’ means a resolution of an incorporated association passed in accordance with section 29;

‘‘transparency’’ in relation to a document, means—

(a) a developed negative or positive photograph of that document (in this definition referred to as an original photograph) made, on a transparent base, by means of light reflected from, or transmitted through, the document;

(b) a copy of an original photograph made by the use of photo-sensitive material (being photo-sensitive material on a transparent base) placed in surface contact with the original photograph; or

(c) any one of a series of copies of an original photograph, the first of the series being made by the use of photo-sensitive material (being photo-sensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b), and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series;

‘‘Tribunal’’ means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.^[13]

(2) For the purpose of this Act, an association or incorporated association shall not be deemed to trade or to secure pecuniary profit for its members or to be formed or carried on for the purpose of trading or securing pecuniary profit for its members by reason only of any one or more of the following circumstances—

(a) that the association or incorporated association itself makes a pecuniary profit, unless that profit or any part of it is divided among or received by the members or some of them;

(b) that the association or incorporated association buys or sells or deals in or provides goods or services where those transactions are ancillary to the principal purpose of the association or incorporated association and, where the transactions are with the public, the transactions—

(i) are not substantial in number or value in relation to the other activities of the association or incorporated association; or

(ii) consist of admission fees to displays, exhibitions, contests, sporting fixtures or other occasions organized for the promotion of the purposes of the association or incorporated association;

(c) that the association or incorporated association is established for the protection or regulation of a trade, business, industry or calling in which the members are engaged or interested, if the association or incorporated association itself does not engage or take part in, or in any part or branch of, any such trade, business, industry or calling;

(d) that the members of the association or incorporated association are entitled to divide its assets among them on its dissolution;

(e) that any member of the association or incorporated association derives pecuniary benefit from the association by way of bona fide payment of remuneration;

(f) that any member of the association or incorporated association derives from it any pecuniary benefit to which he would be entitled if he were not a member of the association or incorporated association;

(g) that the members of the association or incorporated association compete for trophies or prizes in contests directly related to the purposes of the association or incorporated association;

(h) that the members of the association or incorporated association derive pecuniary profit through enjoyment of facilities or services provided by the association for social, recreational, educational or other like purposes;^[14] or

(i) that the incorporated association makes any payment of pecuniary profit to a member being another incorporated association having the same or similar purpose as the first incorporated association.^[15]

Footnotes

1. S. 2 repealed by No. 69/1987 s. 13(1).
2. S. 3(1) def. of accounting records inserted by No. 57/1997 s. 4(1).
3. S. 3(1) def. of accounts inserted by No. 57/1997 s. 4(1).
4. S. 3(1) def. of Administrative Appeals Tribunal inserted by No. 57/1997 s. 4(1), repealed by No. 101/1998 s. 24(1)(a).
5. S. 3(1) def. of association amended by No. 10236 s. 7(2)(a).
6. S. 3(1) def. of books repealed by No. 57/1997 s. 4(2).
7. S. 3(1) def. of CPA Australia inserted by No. 8/2003 s. 3(a).
8. S. 3(1) def. of inspector inserted by No. 17/1999 s. 21(1).
9. S. 3(1) def. of personal information inserted by No. 8/2003 s. 3(a).
10. S. 3(1) def. of prescribed association inserted by No. 57/1997 s. 4(1).
11. S. 3(1) def. of relevant documents inserted by No. 57/1997 s. 4(1).
12. S. 3(1) def. of reproduction amended by No. 8/2003 s. 3(b).
13. S. 3(1) def. of Tribunal inserted by No. 101/1998 s. 24(1)(b).
14. S. 3(2)(h) inserted by No. 57/1997 s. 4(3).
15. S. 3(2)(i) inserted by No. 57/1997 s. 4(3).