Background
The Associations Incorporation Review
The present Associations Incorporation Act 1987 came into operation in Western Australia in 1988 and replaced the original 1895 Act. The Consumer Protection Division of the Department for Commerce (“Consumer Protection”) administers the Act.
The former Minister for Consumer Protection, Hon Michelle Roberts, MLA, tabled the Green Bill — draft new legislation for consultation purposes - in the Legislative Assembly on 30 November 2006.
Associations do not have to be incorporated, however it gives them the advantage of being recognised at law as separate legal entities. On the other hand, members of unincorporated associations could have to meet the liabilities of the association.
Associations can seek incorporation under other State or Commonwealth legislation.
In Western Australia, associations may also seek incorporation under the:
- Companies (Co-operatives) Act 1943 (as co-operatives).
- Commonwealth Corporations Act 2001(as a not-for-profit body).
- Commonwealth Aboriginal Councils and Associations Act 1976.