You will require this approval if you intend to incorporate your association. An association is a society, club, institution or body. Incorporation provides a mechanism for associations to establish a corporate identity and achieve certain legal advantages in return for accepting certain legal responsibilities. For example, an incorporated association has a limited liability, may enter into contracts, or can sue and be sued. Once you are incorporated you may apply for registration as a prescribed body corporate / company.
Please note, if you intend to operate the association in multiple states you will need to become a registered Australian body or incorporated as a company limited (both of which are regulated by the Federal rather than State Government).
Please consult the Contact Officer for more information.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
An association is eligible for incorporation if it has more than five members and is formed for:
- A religious, educational, charitable or benevolent purpose;
- The purpose of promoting or encouraging literature, science or the arts;
- The purpose of sport, recreation or amusement;
- The purpose of establishing, carrying on, or improving a community, social or cultural centre, or promoting the interests of a local community;
- Political purposes; or
- Any other purpose approved by the Commissioner.
If the purpose of your association is not one which is specified above, an application in writing may be made to the Commissioner for Consumer Protection to approve the purpose. However, an association is not eligible for incorporation if it is an association for the purpose of trading or securing financial profit to the members. To be eligible to apply, you must:
- Provide a copy of the rules of the association conforming to the requirements of the Associations Incorporation Act;
- Issue an advertisement in the prescribed form to be published in a newspaper three months before you make your application; and
- Provide a certificate certifying that you are authorised by the association to apply for registration, and verifying your application, copy of rules, that your association has more than five members, and that you have complied with the advertising requirements.
Please consult the Contact Officer for more information regarding eligibility requirements.
Application for incorporation of an association: $145;
Application for approval of purpose: $43.50.
Registration as a prescribed body corporate: $308.
Approximately 1 week.
Department of Commerce
Associations Incorporation Act 2015 (Western Australia)
Associations Incorporation Regulations 2016 (Western Australia)
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