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Incorporated Societies Bill
An update March/April 2017
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Progress to date June 2013 – the Law Commission recommended a new Act to replace the Incorporated Societies Act 1908 February 2014 – Government agreed in its response November 2015-June 2016 – draft Incorporated Societies Bill exposed for comment Today – MBIE close to completing its analysis of the 116 submissions
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Main themes in submissions
High level of support about the need for reform Excessive compliance for small societies Federal structures Interface with other legislation Model constitution/standard provisions
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Support about the need for reform
The 1908 Act lacks any guidance about the obligations of those running societies Much of what is legally necessary for running a society is not set out in the 1908 Act The 1908 Act says little about how internal disputes should be dealt with
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Excessive compliance Access to information for members (clause 71) – too much potential to waste volunteers’ time Financial reporting (clause 83) – compliance with accounting standards too onerous for very small societies
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Federal structures Definition of “officer” may need to be narrowed
Revisit aspects of internal dispute resolution provisions
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Interface with other legislation
Charitable Trusts Act (charitable societies only) Employment Relations Act Agricultural and Pastoral Societies Act
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Model constitution/standard provisions
Doesn’t work Exploring other ways of being helpful Guidance material Constitution builder?
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Next steps (optimistic)
April 2017 – MBIE to report to the Minister of Commerce and Consumer Affairs on submissions June 2017 – Seek Cabinet decisions for changes September 2017 – MBIE to send drafting instructions to Parliamentary Counsel Office April 2018 – Bill introduced into Parliament 2019 – enactment 2021 – most provisions come into force 2023 – rest of the Act comes into force
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Incorporated Societies Bill
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