Consumer Affairs Victoria can issue an infringement notice if we identify breaches of certain sections of the Associations Incorporation Act 1981.
An infringement notice allows you to pay a fine for these offences without an admission of guilt, rather than going to court.
The fine is less than the maximum penalty a court can impose if it found you guilty.
For full details of your legal obligations, refer to the Associations Incorporation Act 1981.
Penalty amounts are set at $122.14 per penalty unit for 2011-12. These may increase at the beginning of each financial year, in line with the Monetary Units Act 2004.
For information about penalty unit rates, visit the Office of the Chief Parliamentary Counsel website.
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Section of the Associations Incorporation Act
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Obligation
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Penalty for breaching obligation
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s.12A(3)
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An incorporated association's name and registration number must appear on all notices, advertisements and business documents. The name must also be on the common seal (if any).
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1 penalty unit
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s.13A(3)
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An incorporated association must have a registered address and must notify the Registrar, in the form approved by the Registrar, within 14 days of any changes. |
1 penalty unit
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s.16(4)
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A public officer of an incorporated association shall, within 14 days of becoming a trustee of a trust, lodge with the Registrar particulars of the trust and a copy of any deed or other instrument creating or embodying that trust.
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1 penalty unit
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s.25(1)
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Where the office of public officer becomes available, an association must appoint another public officer within 14 days to fill that vacancy.
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1 penalty unit
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s.28(1)
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Within 14 days after appointment, a public officer must give written notification, in the approved form, to the Registrar of their appointment and contact details.
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1 penalty unit
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s.30(2A)
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Other than the first AGM, an incorporated association must hold an annual general meeting within five months of the end of the financial year.
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1 penalty unit
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s.30(3)
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An incorporated association must provide a financial statement, including income and expenditure, assets and liabilities, mortgages, charges and securities and trust details, to its members at the annual general meeting.
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1 penalty unit
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s.30(4)
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The public officer of an incorporated association must, within one month of an annual general meeting, lodge annual statements or accounts with the Registrar.
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5 penalty units
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s.30(7A)
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An incorporated association must make available for inspection by its members a copy of the trust deed of any trust.
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1 penalty unit
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s.30B(1)
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A prescribed association must, after the end of each financial year, cause its accounts to be audited by a registered company auditor(s), CPA or any person approved by the Registrar.
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2.5 penalty units
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s.30B(3)
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A prescribed association must keep all accounting records of the incorporated association for a period of seven years after the completion of the transactions to which they relate.
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1 penalty unit
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s.31AC
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An incorporated association must notify the Registrar in writing of its transfer of incorporation within 14 days after it is registered or incorporated as a prescribed body corporate.
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3 penalty units
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s.43(1)
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If an instrument is lodged with the Registrar in a language other than English, a certified translation must also be lodged.
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1 penalty unit
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s.45A(2C)
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A person must comply with the Registrar's request to lodge an original document within 28 days of receipt or longer time as determined by the Registrar.
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1 penalty unit
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s.45A(4)
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An incorporated association must keep the original of any document lodged with the Registrar, whether lodged in electronic or other form, for a period of seven years after the date of lodging.
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5 penalty units
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s.52
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Use of the word "incorporated" or "inc." when not entitled to do so.
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2.5 penalty units
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Last updated: 16/05/2012