South Australia
Associations Incorporation Regulations 1993
under the Associations Incorporation Act 1985

Contents
1	Short title
4	Interpretation
5	Forms
6	General requirements for documents lodged with Commission
7	Fees
8	Accounting records
9	Periodic returns
10	Modifications of Commonwealth Act for the purposes of Part 5 and section 61 of Act
10A	Prescribed particulars for application for deregistration (section 43A)
11	Prescribed commission (section 46)
12	Exception to requirement that name of association be printed etc on documents (section 54)
13	Commission may destroy documents (section 67)
14	Copy of court order to be lodged with Commission
15	Offence to make false or misleading statement
Schedule 1—Forms
Schedule 2—Fees
Legislative history

1—Short title
These regulations may be cited as the Associations Incorporation Regulations 1993.
4—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Associations Incorporation Act 1985.
5—Forms
	(1)	The forms set out in Schedule 1 must—
	(a)	be used for the purposes specified in the Schedule; and
	(b)	contain the information required by and be completed in accordance with the instructions contained in the forms.
	(2)	The name of a person signing a form set out in Schedule 1 must be written legibly under or alongside the signature of that person.
	(3)	Where a form requires that another document be furnished with the form, the other document must be furnished with the form as so required.
	(4)	Where a form requires that another document be furnished with the form, or the space provided in a form is insufficient to contain all the required information—
	(a)	the document must be furnished as, or the information must be set out in, an annexure to the form; and
	(b)	the annexure must have a distinguishing mark such as a letter or numeral; and
	(c)	the space in the form must contain the statement "See Annexure" together with the distinguishing mark for the annexure, or words to similar effect.
6—General requirements for documents lodged with Commission
	(1)	A document lodged with the Commission must—
	(a)	be on paper of international sheet size A4; and
	(b)	be clearly printed or typewritten in a manner that is permanent and is capable of reproduction by photographic means; and
	(c)	be an original or a photocopy; and
	(d)	where it consists of two or more sheets, be fastened together securely in the top left-hand corner; and
	(e)	have written on the first sheet—
	(i)	the registered number of the association to which the document relates; and
	(ii)	the name of that association; and
	(iii)	the title of the document (being, if the document is a form prescribed by these regulations, the same as the heading to the form); and
	(iv)	the name, address and telephone number of the person by whom or on whose behalf the document is lodged; and
	(v)	the words "Lodged with the Commission on ...................................." (the date of lodgement to be filled in by the Commission).
	(2)	Where the address of a public officer is required in any document to be lodged with the Commission, the public officer—
	(a)	must specify his or her residential address; and
	(b)	may, if he or she so desires, specify a postal address.
7—Fees
The fees set out in Schedule 2 are payable as specified in that Schedule.
8—Accounting records
An association must retain the accounting records kept by it under section 35 or 39C of the Act (as the case requires) for seven years after the completion of the transactions to which they relate.
Maximum penalty: $1 250.
9—Periodic returns
For the purposes of section 36 of the Act, a prescribed association must lodge with the Commission a periodic return (in the form set out in Schedule 1) within six months after the end of each of its financial years.
10—Modifications of Commonwealth Act for the purposes of Part 5 and section 61 of Act
	(1)	The provisions of the Corporations Act 2001 of the Commonwealth applied by Part 5 or section 61 of the Act apply with the following modifications, additions and exclusions (in addition to those contained in the Act):
	(a)	a reference to ASIC or the Commission is to be read as a reference to the Corporate Affairs Commission;
	(b)	a reference to the Court is to be read as a reference to the Supreme Court of South Australia;
	(c)	a reference to the Gazette is to be read as a reference to the South Australian Government Gazette;
	(d)	a reference to lodge is to be read as a reference to lodge with the Corporate Affairs Commission;
	(e)	in relation to an incorporated association—
	(i)	a reference to a constitution is to be read as a reference to the rules of the incorporated association;
	(ii)	a reference to a board of directors is to be read as a reference to the committee of the incorporated association;
	(iii)	a reference to a director is to be read as a reference to—
	(A)	a person who occupies or acts in a position of a member of the committee of the incorporated association, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; or
	(B)	a person in accordance with whose directions or instructions the committee of the incorporated association is accustomed to act;
	(iv)	a reference to an officer is to be read as including a reference to an officer within the meaning of the Act (in addition to the meaning given by section 82A of the Corporations Act 2001 of the Commonwealth);
	(v)	a reference to a registered office is to be read as a reference to an office of the incorporated association (if any);
	(f)	in respect of Part 5.1 of the Corporations Act 2001 of the Commonwealth—
section 411(13)—leave out from paragraph (b) "the registered office of the body" and insert "the office (or the main office if there is more than one) of the incorporated association or, if the association does not have an office, the address of the public officer of the incorporated association;
	(g)	in respect of Part 5.3A of the Corporations Act 2001 of the Commonwealth—
	(i)	section 446A(2)—
	(A)	leave out "section 491" and insert "section 41 of the Associations Incorporation Act 1985";
	(B)	leave out "section 494" and insert "section 41C of the Associations Incorporation Act 1985";
	(ii)	section 446A(3)—leave out "is" and insert "and section 41D of the Associations Incorporation Act 1985 are";
	(iii)	section 446B—after subsection (1) insert—
	(1A)	In applying the regulations to an incorporated association—
	(a)	the special resolution will be taken to have been passed under section 41(1)(b) of the Associations Incorporation Act 1985; and
	(b)	a reference to section 494 of the Corporations Act 2001 of the Commonwealth will be taken to be a reference to section 41C of the Associations Incorporation Act 1985; and
	(c)	a reference to section 497 of the Corporations Act 2001 of the Commonwealth will be taken to include a reference to section 41D of the Associations Incorporation Act 1985.;
	(h)	in respect of Part 5.4B of the Corporations Act 2001 of the Commonwealth—
	(i)	section 465A—leave out "under section 459P, 462 or 464" and insert "to the Court under section 41 of the Associations Incorporation Act 1985";
	(ii)	section 465B—leave out "section 459P, 462 or 464" and insert "section 41 of the Associations Incorporation Act 1985";
	(iii)	section 465C—leave out "section 459P, 462 or 464" and insert "section 41 of the Associations Incorporation Act 1985";
	(iv)	section 467A—
	(A)	leave out "Part 5.4 or 5.4A" and insert "section 41 of the Associations Incorporation Act 1985";
	(B)	leave out paragraph (b) and insert:
	(b)	in the case of an application for the winding up of an incorporated association on the ground that it is unable to pay its debts—a defect in a demand of a kind referred to in section 41(4)(a) of the Associations Incorporation Act 1985;;
	(v)	section 467B—Leave out "section 233, 459A, 459B or 461" and insert "section 41 or 61 of the Associations Incorporation Act 1985";
	(vi)	section 472—after subsection (2) insert:
	(2A)	The Court may appoint a person who is not an official liquidator to be liquidator or provisional liquidator of an incorporated association in accordance with section 41(9) of the Associations Incorporation Act 1985.;
	(vii)	section 473(5)—leave out paragraph (a) and insert:
	(a)	a member who is, or members who together are, able to cast at least 10% of the total number of votes that could be cast at a meeting of the association if all members were present;;
	(viii)	section 475—leave out;
	(ix)	section 476—leave out "subsection 475(1) or (2)" and insert "section 41B of the Associations Incorporation Act 1985";
	(i)	in respect of Part 5.5 of the Corporations Act 2001 of the Commonwealth—
	(i)	section 490—leave out;
	(ii)	section 491—leave out subsection (1);
	(iii)	section 494—leave out;
	(iv)	section 496(1)—
	(A)	leave out "section 494" and insert "section 41C of the Associations Incorporation Act 1985";
	(B)	leave out paragraph (a) and insert—
	(a)	apply to the Supreme Court for the association to be wound up under section 41 of the Associations Incorporation Act 1985 on the ground that the association is unable to pay its debts;;
	(v)	section 497—leave out subsections (5), (6) and (7);
	(vi)	section 497(8)—leave out "director appointed under subsection (5)" and insert "member of the committee appointed under section 41D(1)(b) of the Associations Incorporation Act 1985";
	(vii)	section 501—leave out;
	(viii)	section 507—leave out;
	(j)	in respect of Part 5.6 of the Corporations Act 2001 of the Commonwealth—
	(i)	section 513A—Leave out "section 233, 459A, 459B or 461" and insert "section 41 or 61 of the Associations Incorporation Act 1985";
	(ii)	section 513D—Leave out "section 233, 459A, 459B or 461" and insert "section 41 or 61 of the Associations Incorporation Act 1985";
	(iii)	section 530A(7)—leave out the definition of officer and insert:
officer includes a former officer.;
	(iv)	section 532(1)—leave out "is" and paragraphs (a) and (b) and insert:
	(a)	is a registered liquidator; or
	(b)	is or is to be appointed or nominated for appointment as the liquidator of an incorporated association by the Corporate Affairs Commission under section 41 of the Associations Incorporation Act 1985;;
	(v)	section 532(8)—after "official liquidator" insert "or is or is to be appointed or nominated for appointment as the liquidator of an incorporated association by the Corporate Affairs Commission under section 41 of the Associations Incorporation Act 1985";
	(vi)	section 533(1)(d)—leave out "for an examination or order under section 597" and insert "to the Supreme Court under section 62 of the Associations Incorporation Act 1985";
	(vii)	section 534(1)—after "the liquidator may" insert "(if he or she has the consent of the Minister under section 62E(6) of the Associations Incorporation Act 1985)";
	(viii)	section 539(4)—leave out paragraph (b) and insert:
	(b)	the auditor has qualified privilege in respect of the report.;
	(ix)	section 544(1)—leave out "to be dealt with under Part 9.7";
	(x)	section 544—leave out subsection (1A);
	(xi)	section 544(2)—leave out "to be dealt with under Part 9.7";
	(xii)	section 544—after subsection (4) insert:
(4A)	If money paid to the Corporate Affairs Commission under this section remains unclaimed or undistributed, the Commission may pay it to the Treasurer for payment into the Consolidated Account.
(4B)	A person making a claim in respect of any money paid to the Treasurer under subsection (4A) may apply to the Supreme Court for an order of payment of an amount to the person and the Court, if satisfied that an amount should be paid to the person, must make an order for the payment accordingly.
(4C)	On the making of an order under subsection (4B) for payment of an amount to a person, or where the Treasurer is otherwise of the opinion that an amount should be paid to a person out of the money paid to the Treasurer under this section, the Treasurer must pay that amount to the person out of money lawfully available for that purpose.;
	(k)	in respect of Part 5.7B of the Corporations Act 2001 of the Commonwealth—
	(i)	section 588E(1)—leave out paragraphs (e) and (f) of the definition of "recovery proceeding";
	(ii)	section 588E(4)—leave out paragraphs (a) and (b) and insert:
	(a)	has failed to keep accounting records in relation to a period as required by section 35(1) or 39C(1) of the Associations Incorporation Act 1985; or
	(b)	has failed to retain accounting records in relation to a period for the 7 years required by regulation 8 of the Associations Incorporation Regulations 1993;;
	(iii)	section 588E(5)—leave out "subsection 286(1)" and insert "section 35(1) or 39C(1) of the Associations Incorporation Act 1985";
	(iv)	section 588E(6)—
	(A)	leave out "subsection 286(2)" and insert "regulation 8 of the Associations Incorporation Regulations 1993";
	(B)	leave out "financial", wherever it occurs, and insert, in each case, "accounting";
	(v)	section 588E(8)—leave out paragraphs (d) and (e);
	(l)	in respect of Part 5A.1 of the Corporations Act 2001 of the Commonwealth—
	(i)	section 601AA—leave out;
	(ii)	section 601AB—leave out;
	(iii)	section 601AC—after subsection (2) insert:
(3)	An incorporated association is dissolved on deregistration under this section.;
	(iv)	section 601AD—leave out and insert:
601AD—Requirement to keep books following deregistration
The persons who were members of the committee of an incorporated association immediately before deregistration or cancellation of incorporation of the association must keep the association's books (other than books kept by a liquidator under subsection 542(2)) for 3 years after the deregistration or cancellation.;
	(v)	section 601AE—leave out;
	(vi)	section 601AF—leave out.
	(2)	When provisions of the Corporations Act 2001 of the Commonwealth are applied in relation to an incorporated association, the provisions (together with the provisions of any regulation or rule for the time being in force under the provisions) are to be interpreted according to the definitions of words and expressions and other interpretative provisions contained in the Corporations Act 2001 of the Commonwealth, except where a contrary intention is expressed in the Act or these regulations.
10A—Prescribed particulars for application for deregistration (section 43A)
For the purposes of section 43A(7) of the Act, the following particulars are prescribed:
	(a)	the name of the incorporated association;
	(b)	the date of the application for deregistration of the incorporated association.
11—Prescribed commission (section 46)
For the purposes of section 46(3) of the Act, the prescribed commission is five per cent.
12—Exception to requirement that name of association be printed etc on documents (section 54)
For the purposes of section 54 of the Act, a chit or ticket evidencing the receipt by an association of an amount not exceeding $10 is prescribed as a receipt or document to which that section does not apply.
13—Commission may destroy documents (section 67)
	(1)	The Commission is authorised to destroy any of the following documents lodged with the Commission:
	(a)	any periodic return, and any annexure to that return, that has been lodged for not less than seven years;
	(b)	any document (other than rules and any amendment to rules) that has been lodged or registered not less than ten years;
	(c)	any document in the custody of the Commission relating to an association, or to an association that is to be taken to have been, incorporated under the repealed Act where the association has been dissolved or had its incorporation cancelled for not less than ten years.
	(2)	For the purposes of this regulation—
document includes a reference to a transparency of a document produced by photographic or electronic means.
14—Copy of court order to be lodged with Commission
An incorporated association must, within seven days of the making by a court of an order under the Act, lodge a copy of the order with the Commission.
Maximum penalty: $1 250.
15—Offence to make false or misleading statement
A person must not, in a document lodged with the Commission for the purposes of the Act—
	(a)	make a statement that is, to his or her knowledge, false or misleading; or
	(b)	omit or authorise the omission from any such document a particular which is, to his or her knowledge, a material particular.
Maximum penalty: $1 250.

Schedule 1—Forms

Schedule 2—Fees

1	For inspection under section 6(2) of the Act of documents lodged by or in relation to an association	$18.50	
2	For the supply of an uncertified copy, or the supply of a copy of an extract from, a document held by the Commission in relation to an association (in addition to the fee payable under clause 1)—		
		(a)	for one page	$4.00	
		(b)	for each additional page or part of a page	$1.00	
3	For the supply of a certified copy of, or the supply of a certified copy of an extract from, a document held by the Commission in relation to an association (in addition to the fee payable under clause 1)—		
		(a)	for one page	$18.50	
		(b)	for each additional page or part of a page	$1.00	
4	On lodging an application to the Commission (not being an application for which a fee is specified elsewhere in the Schedule) to exercise any of the powers conferred on the Commission by the Act, or by those provisions of the Corporations Act 2001 of the Commonwealth applied by the Act to an association	$45.50	
5	On lodging an application to the Minister to exercise any powers conferred on the Minister by the Act	$45.50	
6	On lodging an application for incorporation under section 19 of the Act	$134.00	
7	On lodging an application for amalgamation under section 22 of the Act	$134.00	
8	On lodging an application to register an alteration to rules under section 24 of the Act (including an application to alter the name of an association)	$45.50	
9	For the approval of the Commission of an auditor under section 35(2)(b) of the Act	$63.00	
10	On lodging a periodic return under section 36 of the Act	$63.00	
11	On submitting to the Commission for examination a draft explanatory statement prior to its registration under the provisions of the Corporations Act 2001 of the Commonwealth applied under section 40A of the Act	$134.00	
12	On lodging an application for the approval of the Commission for extension of period under section 41C(4)(a) of the Act	$47.25	
13	For consent of the Commission under section 43(1a) of the Act to distribute surplus assets of an association on winding up among members of the association	$63.00	
14	On lodging an application to deregister an association under section 43A(1) of the Act	$93.50	
15	On making a request of the Commission under section 43A(5) of the Act (in addition to the fee payable under clause 14)	$63.00	
16	On lodging an application to the Commission to exercise the powers conferred by section 44A or 46 of the Act	$63.00	
17	For an act done by the Commission—		
		(a)	representing a defunct association or its liquidator under section 44A of the Act	$63.00	
		(b)	under section 46 of the Act	$63.00	
18	On lodging an application to the Commission to exercise the power conferred by section 53 of the Act	$63.00	
19	On lodging an application to reserve a name under section 53A(1) of the Act	$93.50	
20	On the late lodgment of a document (in addition to any lodgment fee provided by any other clause for the lodging of that document)—		
		(a)	if lodged within one month after the prescribed time	$24.70	
		(b)	if lodged more than one month but within three months after the prescribed time	$50.50	
		(c)	if lodged more than three months after the prescribed time	$108.00	
21	For the production by the Commission, pursuant to a subpoena, of a document held by it in relation to an association	$35.00	
22	For each two pages or less of the document produced (in addition to the fee payable under clause 21)	$1.00	
23	For any act that the Commission is required or authorised to do on the request of a person and for which a fee is not prescribed by any other clause	$24.70	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Legislation revoked by principal regulations
The Associations Incorporation Regulations 1993 revoked the following:
All regulations previously made under the Associations Incorporation Act 1985
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1993	88	Gazette 20.5.1993 p1709	1.6.1993: r 2	
1994	72	Gazette 2.6.1994 p1628	1.7.1994: r 2	
1995	61	Gazette 10.5.1995 p2014	1.7.1995: r 2	
1996	104	Gazette 30.5.1996 p2697	1.7.1996: r 2	
1997	72	Gazette 13.5.1997 p1849	1.7.1997: r 2	
1997	251	Gazette 24.12.1997 p1802	1.2.1998: r 2	
1998	115	Gazette 28.5.1998 p2438	1.7.1998: r 2	
1999	68	Gazette 27.5.1999 p2830	1.7.1999: r 2	
1999	143	Gazette 1.7.1999 p55	1.7.1999: r 2	
2000	37	Gazette 11.5.2000 p2517	11.5.2000: r 2	
2000	72	Gazette 25.5.2000 p2736	1.7.2000: r 2	
2001	88	Gazette 31.5.2001 p2035	1.7.2001: r 2	
2001	155	Gazette 28.6.2001 p2490	15.7.2001: r 2	
2002	77	Gazette 20.6.2002 p2565	1.7.2002: r 2	
2003	76	Gazette 29.5.2003 p2203	1.7.2003: r 2	
2004	73	Gazette 27.5.2004 p1509	1.7.2004: r 2 	
2005	108	Gazette 26.5.2005 p1562	1.7.2005: r 2	
2006	153	Gazette 15.6.2006 p1917	1.7.2006: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 8	varied by 251/1997 r 4	1.2.1998	
	substituted by 37/2000 r 3	11.5.2000	
r 10			
r 10	substituted by 251/1997 r 3	1.2.1998	
	substituted by 37/2000 r 4	11.5.2000	
r 10(1)	varied by 155/2001 r 3(a)—(e)	15.7.2001	
r 10(2)	varied by 155/2001 r 3(f)	15.7.2001	
r 10A	inserted by 251/1997 r 3	1.2.1998	
rr 14 and 15	varied by 251/1997 r 4	1.2.1998	
Sch 1			
List of forms	deleted by 251/1997 r 5 (Sch para (a))	1.2.1998	
Forms 9A and 9B	inserted by 251/1997 r 5 (Sch para (b))	1.2.1998	
	varied by 143/1999 r 3 (Sch cl 1)	1.7.1999	
Form 9C	inserted by 251/1997 r 5 (Sch para (b))	1.2.1998	
	substituted by 37/2000 r 5 (Sch)	11.5.2000	
	varied by 155/2001 r 4	15.7.2001	
Form 9D	inserted by 251/1997 r 5 (Sch para (b))	1.2.1998	
Sch 2	varied by 72/1994 r 3	1.7.1994	
	varied by 61/1995 r 3	1.7.1995	
	varied by 104/1996 r 3	1.7.1996	
	substituted by 72/1997 r 3	1.7.1997	
	varied by 251/1997 r 6	1.2.1998	
	varied by 115/1998 r 3	1.7.1998	
	varied by 68/1999 r 3	1.7.1999	
	substituted by 72/2000 r 3	1.7.2000	
	substituted by 88/2001 r 3	1.7.2001	
	varied by 155/2001 r 5	15.7.2001	
	substituted by 77/2002 r 3	1.7.2002	
	substituted by 76/2003 r 4	1.7.2003	
	substituted by 73/2004 r 4	1.7.2004	
	substituted by 108/2005 r 4	1.7.2005	
Historical versions
Reprint No 1—1.7.1999		
Reprint No 2—11.5.2000		
Reprint No 3—1.7.2000		
Reprint No 4—1.7.2001		
Reprint No 5—15.7.2001		
Reprint No 6—1.7.2002		
Reprint No 7—1.7.2003		
1.7.2004