Can Someone Object to the Incorporation of an Association?

The public notice exists so that people with an interest in the proposed association, rival bodies, creditors, members who were not consulted, can be heard before it is incorporated. The 2023 Act formalises that process.

Who may object, and when

“A person” may object (section 9(1) of the Associations Incorporation Act 2023); there is no requirement of standing. The objection must be lodged with the Registrar by written notice “within 60 days after the publication of a notice under Section 6”. Time runs from the newspaper or Gazette publication, not from lodgement of the notice of intention. An objection outside 60 days is not an objection under the section, though nothing prevents the Registrar considering the information under section 9(5) or later under section 108.

The grounds

The list is closed: an objection on some other ground, for instance that the objector dislikes the founders, is not one the Registrar must entertain. But several grounds are broad. “Improper profit” and “contrary to public policy” will catch a body that is a business in disguise or that duplicates an existing association in order to divert its funding; and “the rules do not comply” reaches any omission from the Schedule.

The form of the objection

A notice of objection must be in the prescribed form and must set out fully the grounds, the objector’s name, address, email and contact details, and any supporting documentation (section 9(2)). The draft Regulation does not prescribe a paper form for objections, so under regulation 4(1) the form is the online registry’s data-entry form. A bare assertion is not enough; the section calls for the grounds to be set out “fully”.

The procedure before the Registrar

On receiving an objection the Registrar must notify the applicant that an objection has been received, give the applicant access to the objection, its supporting documents and the objector’s name and address, and specify a time, not more than 30 days from the notification, for a written response (section 9(3)). The Registrar must then consider the objection and the response, decide whether the application should be accepted or rejected, and give written notice of the decision to both (section 9(4)). There is no hearing; the process is on paper.

Separately, section 9(5) allows the Registrar to reject an application, or cancel an incorporation already granted, on the ground that the association would be more appropriately incorporated under the Companies Act or another Act. That power does not depend on an objection.

Appeal to a Principal Magistrate

Either the objector or the applicant, if dissatisfied with the Registrar’s decision under section 9, may appeal to a Principal Magistrate (section 10(1)). The other party must be joined (section 10(2)). The appeal must be brought within 28 days of receiving notice of the decision, or such further time as a Principal Magistrate allows, by written notice of appeal setting out the grounds, served on or posted by registered mail to the Clerk of the District Court for the area, the Registrar, and the other party (section 10(3)). The Magistrate determines by order whether the objection should be upheld, and that determination “is final” (section 10(5) and (6)). No appeal lies under section 10 against the Registrar’s decision on a name (section 10(7)); name decisions are for the Registrar and, on other grounds, the National Court under section 157. The general appeal route is explained in appealing the Registrar’s decision.

Effect on the application

An application for incorporation may not be made until the 60 days have expired, and is “subject to any decision of a Principal Magistrate on the hearing of an appeal” (section 11(1)). If the objection succeeds, the applicant must cure the defect, for instance by amending the rules or replacing an ineligible committee member, and may need to start again with a fresh notice if the six-month window has run out. If it fails, the application proceeds and the certificate, once issued, is conclusive evidence that the requirements were met (section 12(2)).