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Associations Incorporations Act 1987 (WA)

Category: Legislation
Binomial Name: State of Western Australia
Sub Category:Legislation
State/Country:Western Australia, Australia
Summary Information:
The Associations Incorporation Act 1987 (WA) (the Act) guides the incorporation and conduct of associations in Western Australia. By section 4 of the Act, an association may incorporate under the Act if it has more than 5 members and is formed for:
(a) a religious, educational, charitable or benevolent purpose;
(b) the purpose of promoting or encouraging literature, science or the arts;
(c) the purpose of sport, recreation or amusement;
(d) the purpose of establishing, carrying on, or improving a community, social or cultural centre, or promoting the interests of a local community;
(e) political purposes; or
(f) any other purpose approved by the Commissioner.
Detailed Information:
Section 10 of the Act states:
'Upon incorporation of an association under this Act -
(a) the association becomes a body corporate with perpetual succession and a common seal;
(b) the corporate name of the association is the name of the association as stated in the certificate of incorporation, concluding with the word 'Incorporated' or the abbreviation 'Inc.';
(c) all rights and liabilities (whether certain or contingent) exercisable against members or officers of the association in their capacity as such immediately before the incorporation of the association become rights and liabilities of and exercisable against the incorporated association, but this paragraph shall not be construed so as to relieve or release any person in respect of liabilities incurred by or on behalf of the association prior to incorporation; and
(d) the association may sue or be sued in its corporate name.'

By section 13 'an incorporated association may do all things necessary or convenient for carrying out its objects and purposes, and in particular, may -
(a) acquire, hold, deal with, and dispose of any real or personal property;
(b) open and operate bank accounts;
(c) invest its money
(i) as trust funds may be invested under Part III of the Trustees Act 1962 ; or
(ii) in any other manner authorized by the rules of the association;
(d) borrow money upon such terms and conditions as the association thinks fit;
(e) give such security for the discharge of liabilities incurred by the association as the association thinks fit;
(f) appoint agents to transact any business of the association on its behalf; and
(g) enter into any other contract it considers necessary or desirable.'

An incorporated association may also act as trustee and accept and hold real and personal property upon trust.

The affairs of the association are carried out by a committee which is normally elected.

Related Entries

  • Western Australian Aboriginal Community Controlled Health Organisation
  • Wunan Foundation

  • References

    Australasian Legal Information Institute (1987) Associations Incorporation Act 1987 (WA)



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