Changes to an organisation's constitution or rules
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New laws for Victorian incorporated associations came into effect on 26 November 2012. The resources in this section have been updated to reflect the new laws. The new Associations Incorporation Reform Act 2012 (Vic) can be accessed here, and you can read more about the changes at Consumer Affairs Victoria's website here.
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The information sheet below will assist Victorian not-for-profit community organisations to understand some of the issues that arise when making changes to their constitution. It includes information about changing the constitution for an incorporated association, companies limited by guarantee and co-operatives.
*NOTE* The law regulating charities has changed and there is a new regulator for charities - the Australian Charities and Not-for-profits Commission (ACNC). Some regulation of companies is transitioning from ASIC to the ACNC. COmpanies registered as charities, such as charitable CLGs, will need to notify the ACNC of changes to their constitutions. The fact sheets on this page have not been updated to reflect this change. For more information about the changes, go to the PilchConnect page on the ACNC here.
Resources
Legislation
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This is the legislation that regulates incorporated associations in Victoria
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This is a link to the legislation that regulates co-operatives in Victoria.
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This link is to the legislation that regulates companies in Australia. Not-for-profit's usually incorporate as companies limited by guarantee.
Consumer Affairs Victoria (CAV) resources
Incorporated associations
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This is a CAV database where you can search to find Victorian incorporated associations and co-operatives.
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This section of CAV's website has information about incorporated associations. Click on the fees, forms and online transactions link for the forms for changing your incorporated association's constitution.
Co-operatives
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This section of CAV's website has information about co-operatives. Click on the forms and publications link for the forms for informing CAV about proposed changes to your co-operative's constitution.
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This is a CAV database where you can search to find Victorian incorporated associations and co-operatives.
Australian Securities and Investments Commission (ASIC) resources
Companies limited by guarantee
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This is the ASIC database where you can search to find all types of companies in Australia.
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This link provides information about special resolutions for companies limited by guarantee, and includes a link to the form (205) which needs to be submitted to ASIC to notify of changes to constitution
Commonwealth Government Resources