Victorian Numbered Acts

ASSOCIATIONS INCORPORATION AMENDMENT ACT 2009 (NO. 12 OF 2009) - SECT 5

    (1)     Insert the following heading to section 14A of the Principal Act—

" Enforceability of rules and purposes ".

    (2)     After section 14A(1) of the Principal Act insert —

    "(1A)     Subject to this Act, an incorporated association must not—

        (a)     exercise any power that the incorporated association is prohibited, by the rules of the incorporated association, from exercising; or

        (b)     exercise any power contrary to a restriction on the exercise of that power contained in the rules of the incorporated association; or

        (c)     do any act that is outside the scope of the statement of purposes of the incorporated association.

    (1B)     The public officer or a member of the committee of an incorporated association must not in any way, by act or omission, directly or indirectly, be knowingly concerned in or party to a contravention by the incorporated association of subsection (1A).".

    (3)     In section 14A(2) of the Principal Act for "or a member of an incorporated association" substitute "a member of an incorporated association or the Registrar".

    (4)     After section 14A(2)(a) of the Principal Act insert —

    "(ab)     restraining an incorporated association from doing an act that is outside the scope of its statement of purposes; or".

    (5)     After section 14A(4) of the Principal Act insert —

    "(5)     The Registrar may make an application to the Magistrates' Court under subsection (2) only if the Registrar is satisfied that it is in the public interest to do so.".