The Associations Incorporation Regulations 2023 will commence on 1 September 2023, replacing the Associations Incorporation Regulations 2008.
The 2023 Regulations include updated legislative references and regulation numbering and minor technical changes to regulation 8 (previously regulation 9) to ensure the regulations appropriately align with the Corporations Act 2001 of the Commonwealth.
Otherwise, the Regulations remain unchanged in supporting the operation of the Associations Incorporation Act 1985.
The Regulations continue to set out:
- a definition for prescribed associations
- required forms
- requirements for keeping accounting records and lodging periodic returns
- the process for deregistering an association
- when Consumer and Business Services (CBS)* can destroy documents lodged by an association
- the amount payable to CBS following the sale or disposal of an estate or interest of a defunct association, where CBS is acting as a representative for that association
- the exception to the requirement for an association’s name to be printed on documents
- requirements for lodging with CBS a copy of a court order made in relation to the association
- modifications to the provisions of the Corporations Act 2001 of the Commonwealth in relation to oppressive or unreasonable acts by an association.
It also continues to be an offence to make a false or misleading statement in a document lodged with CBS.
*The legislation refers to the Corporate Affairs Commission, which is part of Consumer and Business Services (CBS).
Background
Most regulations in South Australia automatically expire on 1 September of the year following the year of their tenth anniversary. However, the expiry can be postponed for a set period before the regulations need to be remade.
The Associations Incorporation Regulations 2008 expire on 1 September 2023, after the maximum period allowed for postponement ends.
