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2. Altering the objects of the association

An association can alter its objects or purpose provided that the association complies with the legal requirements for changing the objects and purposes. These requirements are the same as those discussed above for changing the rules. An association's objects form part of its rules, so a change of objects is effectively a change of rules.

A special resolution must be passed by at least 75% of members voting at a general meeting of the association, held in accordance with the rules. Remember, this does not mean 75% of all members of the association, only of those voting.

If the resolution is passed, the following documents must be lodged with the Commissioner at Commerce within one month of the resolution:

  1. the notice of meeting containing the resolution; and
  2. a certificate signed by one of the members certifying that:
    1. the resolution was duly passed as a special resolution; and
    2. the altered objects and purposes comply with the Act

in order for the resolution to have legal effect. The Commissioner is also required by the Act to approve the change to the objects or purpose.

Form 5 can be used to advise Commerce of any change to the objects or purpose of an association. In addition to the basic fee for altering the rules, there is an additional fee payable that reflects the Commissioner's obligation to approve the change.

The Commissioner may instruct the association to publish a notice of the proposed change of the objects or purposes of the incorporated association before approving the change.

If the Commissioner refuses to approve an alteration of the objects and purposes of an incorporated association, the incorporated association may, within 28 days of receiving notice of the refusal:

  • apply to the State Administrative Tribunal (SAT), requesting a review of the decision of the Commissioner; and
  • make submissions in writing to SAT to support the application.

The SAT decision may be appealed in certain circumstances, usually on a point of law. Further information is available on the SAT's website.