Re: Corporations Act 2001

It was asked whether an incorporated association comes under the Corporations Act 2001 (Cwlth)

In 2003, a section was added that an an incorporated association would be subject to that Act if it were to be wound up by a court order (See Part VI - Winding up and cancellation of incorporation.)

In 2001, a longer section had been added to the Associations Incorporation Act. It specifically excluded associations from the Corporations Act except for specialized activities coming under its authority. See the quote below:

ASSOCIATIONS INCORPORATION ACT 1987 - SECT 3A

Incorporated associations excluded from Corporations legislation

3A . Incorporated associations excluded from Corporations legislation

(1) The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

(a) an incorporated association;
(b) any act or omission of any person, body or other entity in relation to an incorporated association.

(2) The provisions referred to in subsection (1) are —

(a) provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;
(b) provisions that relate to the role of an incorporated association in the formation of a company;
(c) provisions that relate to substantial holdings, by or involving an incorporated association, in a company;
(d) provisions that confer or impose functions on an incorporated association as a member, or former member, of a corporation;
(e) provisions that relate to dealings by an incorporated association in securities of a body corporate, other than securities of the incorporated association itself;
(f) provisions that confer or impose functions on an incorporated association in its dealings with a corporation, not being dealings in securities of the incorporated association;
(g) provisions that relate to securities of an incorporated association, other than debentures of or deposits with an incorporated association;
(h) provisions relating to the futures industry;
(i) provisions relating to participants in the securities industry;
(j) provisions relating to the conduct of securities business;
(k) provisions relating to dealers’ accounts and audit;
(l) provisions relating to money and scrip of dealers’ clients; or
(m) provisions relating to registers of interests in securities.

(3) The provisions specified in subsection (2) only apply to an incorporated association to the extent to which an incorporated association may engage in the activities covered by those provisions.

[Section 3A inserted by No. 10 of 2001 s.10.]

Sourced from http://www.austlii.edu.au/au/legis/wa/consol_act/aia1987307/s3a.html

26 October, 2005