Western Australian Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1987 - SECT 9

9 .         Incorporation of association

        (1)         If upon an application duly made in accordance with this Part the Commissioner is of the opinion —

            (a)         that the association is eligible to be incorporated under this Act; and

            (b)         that the rules of the association lodged with the Commissioner conform to the requirements of this Act; and

            (c)         that the name of the association is appropriate having regard to section 8; and

            (d)         that the time during which any request might be made under section 7 has expired and any request made under that section has been finally refused,

                the Commissioner shall, subject to subsection (2), incorporate the association by the issue to the association of a certificate of incorporation.

        (2)         The Commissioner shall not incorporate an association under this Act if in his opinion —

            (a)         it is more appropriate for the activities of the association to be carried on by a body corporate incorporated under some other law; or

            (b)         the incorporation of the association is against the public interest.

        (3)         If the Commissioner refuses an application for incorporation under subsection (2), the applicant for incorporation may apply to the State Administrative Tribunal for a review of the decision of the Commissioner.

        [Section 9 amended by No. 55 of 2004 s. 60.]

        [Heading inserted by No. 55 of 2010 s. 5.]