18—Eligibility for incorporation
(1) An association
formed—
(a) for
a religious, educational, charitable or benevolent purpose; or
(b) for
the purpose of promoting or encouraging literature, science or the arts; or
(c) for
the purpose of providing medical treatment or attention, or promoting the
interests of persons who suffer from a particular physical, mental or
intellectual disability; or
(d) for
the purpose of sport, recreation or amusement; or
(e) for
the purpose of establishing, carrying on, or improving a community centre, or
promoting the interests of a local community or a particular section of a
local community; or
(f) for
conserving resources or preserving any part of the environmental, historical
or cultural heritage of the State; or
(g) for
the purpose of promoting the interests of students or staff of an educational
institution; or
(h) for
political purposes; or
(i)
for the purpose of administering any scheme or fund for
the payment of superannuation or retiring benefits to the members of any
organisation or the employees of any body corporate, firm or person; or
(j) for
the purpose of promoting the common interests of persons who are engaged in,
or interested in, a particular business, trade or industry; or
(k) for
any purpose approved by the Minister,
is, subject to this Act, eligible to be incorporated under this Act.
(2) Subject to
subsection (4), an association of the kind referred to in
subsection (1)(i) is not, unless the Minister otherwise approves,
eligible to be incorporated under this Act.
(3) Subject to
subsection (4), an association which is formed for the purpose of
furthering or protecting the interests of employers or employees and which is
eligible for registration under the Industrial Relations Act (S.A.) 1972
is not, unless the Minister otherwise approves, eligible to be incorporated
under this Act.
(4)
Subsections (2) and (3) do not apply to an association that was,
immediately before the commencement of this Act, an association incorporated
under the repealed Act.
(5) Subject to
subsection (6), an association of which—
(a) a
principal or subsidiary object is to secure a pecuniary profit for the members
of the association or any of those members; or
(b) a
principal or subsidiary object is to engage in trade or commerce,
is not, unless the Commission otherwise approves, eligible to be incorporated
under this Act.
(6) An association is
not, for the purposes of this Act, to be regarded as having as a principal or
subsidiary object the securing of a pecuniary profit for its members or any of
its members or engaging in trade or commerce by reason only of any one or more
of the following circumstances:
(a) that
the association itself makes a pecuniary profit, unless that profit or any
part of it is or is to be divided among or received by the members or any of
them otherwise than in accordance with section 55; or
(b) that
the association buys or sells or deals in or provides goods or services where
those transactions are ancillary to the principal objects of the association
and, in the case of transactions with non-members (other than spouses,
domestic partners, children or parents of members), the transactions—
(i)
are not substantial in number or value in relation to the
other activities of the association; or
(ii)
are intended to provide financial support to the
association in a manner that is directly related to the objects of the
association; or
(iii)
consist in the charging of admission fees to functions
organised for the promotion of the objects of the association; or
(c) that
the association is established for the protection of a trade, business,
industry or calling in which the members are engaged or interested, if the
association itself does not engage or take part in any such activity; or
(d) that
the members of the association compete for trophies or prizes in contests
directly related to the objects of the association.
(7) An approval of the
Minister or the Commission under this section may be given on such conditions
as the Minister or the Commission thinks fit.