In September 2023, the regulations for the Incorporated Societies Act 2022 (the “new Act”) were released. So what do you need to know?
Alternative method of filing documents may be allowed by the registrar where it is not practicable for the society to use the Incorporated Societies website (although this is preferred).
Infringement fees listed in the draft regulations have been kept the same (table below). There is no cap for the amount of fees a society can receive if multiple offences occur at the same time. The infringement process has also been released.
|Nature of Infringement Offence||Fee|
|Failure to notify the Registrar of amendments to the constitution||$100|
|Failure to notify the Registrar of elections or appointments and other changes relating to officers||$100|
|Failure to maintain a register of members||$100|
|Failure to call annual general meeting||$500|
|Failure to properly hold, and keep minutes of, annual general meetings||$500|
|Failure to send copy of passed resolution in lieu of meeting to certain members||$200|
|Failure to register financial statements||$500|
|Failure to register an annual return||$100|
|Failure to have a registered office||$100|
|Failure to give the Registrar notice of change of contact person||$200|
Transitional period until 5 October 2028 allows for a) societies to continue to restrict AGM attendance, if their constitution allowed it prior to 5 October 2023; and b) have more than 50% independent officers on their committee, if their constitution allows.
Members’ register must include past members, but only those who ceased to be a member within the last seven years.
Application for re-registration will include the prescribed information set out in the Regulations, which we have explained in our article here.
With the new Act comes a lot of changes to the requirements for an incorporated society’s constitution. We have helped many incorporated societies over the years and would be happy to discuss your situation with you, especially when it comes to amending your society’s constitution so it meets the requirements set out in the new Act. You can contact us any time by email or phone.
We have a lot more resources at this page dedicated to the Incorporated Societies Act 2022.
This article is not a substitute for legal advice and you should consult your lawyer about your specific situation. Please feel free to contact us at Parry Field Lawyers.