What happens if the application is not approved?
The Commissioner for Consumer Protection will not incorporate an association if in their opinion:
- it is more appropriate the activities of the association be carried out by a body corporate incorporated under some other law (eg as a company under the Corporations Act 2001); or
- the incorporation is against the public interest (eg a political organisation promoting political intolerance and discrimination).
If the application is not approved, the association has 28 days from receipt of the notice of refusal, to apply to the State Administrative Tribunal (SAT) to review the decision of the Commissioner. Decisions made by the SAT may also be appealed in certain situations, usually on a point of law and/or to the Supreme Court.