S1 C. Incorporation and Registration – RISA Policies and Procedures Manual

Changes to executive personnel, any change of address needs to lodged with the ACNC only annually (details below). We are no longer required to lodge these changes with ASIC. Reporting requirements of ASIC for charities registered with the ACNC can be found here

Annual financial returns need to be lodged with ACNC through its charity portal.

Changes to the constitution or aims and objectives of the organisation need to be lodged through ACNC. 

The RISA Inc Constitution can be found here.

A copy of the Associations Incorporations Act NSW 2009

Associations Incorporation Regulation 2010 NSW

Corporations Act 2001

Information about Incorporated Associations in NSW

Running an Association from NSW

Australian Charities and Not for Profits Commission requires submission of changes of executive and financial returns annually after the AGM through its charity portal.

Information on the requirements of Registration (Australian Securities and Investment Commission)

RISA Inc is registered as a Registrable Australian Body with ASIC

Registrable Australian bodies

Incorporated Association

Associations are incorporated under State and Territory Associations Incorporation legislation, which is not administered by ASIC, but by the various state authorities. An incorporated association is also a legal entity separate from its individual members that can hold property, sue and be sued. Incorporating an association in a State or Territory restricts the organisation to operating in its home jurisdiction. For example, an association incorporated under the Associations Incorporation Act of New South Wales may only carry on business in New South Wales.

The Associations Incorporation Acts provide a simple and more affordable means of creating a separate legal entity for small, community based groups with limited resources. The Associations Incorporation Acts impose less onerous conditions than the Corporations Act 2001 that governs the activities of companies.

Incorporated association wishing to carry on business outside its home jurisdiction

An incorporated association may become registered under the Corporations Act 2001, to enable it to carry on business in other states or territories outside of its home jurisdiction without the need to register as a company. The incorporated association will become an Australian Registered Body and upon registration will be allocated an Australian Registered Body Number. Please read our information sheet, “Registrable Australian Bodies” available from our website at www.asic.gov.au/infosheets for further details on registration and post registration obligations.

Registrable Australian Bodies

ASIC is an independent government body that promotes fair play in business, prevents corporate crime, protects investors and helps Australia’s business reputation both here and abroad. It aims to protect the interests of companies and investors by providing information about companies, helping businesses to interpret the law and taking action against offenders.

Bodies eligible for Registration

If a registrable Australian body wishes to carry on business in one or more States or Territories other than its home jurisdiction, it must be registered under Part 5B.2 of the Corporations Act 2001 (the Act).

A registrable Australian body is a body corporate which has been formed or incorporated in Australia. Registrable Australian bodies include bodies corporate that are not companies, recognised companies, exempt public authorities, corporations sole, foreign companies or financial institutions. Certain unincorporated bodies can also be registrable Australian bodies. An association which is registered under a State law not recognised in other States will generally be a registrable Australian body.

Whether a body is carrying on business interstate will depend on certain legal principles and on the circumstances of the case. Where a body is in any doubt as to whether it may be carrying on business interstate it should seek its own legal advice.

Post Registration Obligations

Displaying the registered name
A registrable Australian body must display its name in a conspicuous position and in legible characters outside every office and place of business that is open to the public. (s.601CW of the Act)

In addition, unless it is a bank or other authorised deposit-taking institution, it must similarly display:

  • its place of origin;
  • at its registered office, the expression ‘registered office’; and
  • if the liability of its members is limited and the last word of its name is neither ‘Limited’ nor ‘Ltd.’, notice of the limited liability of its members.

Australian Registered Body Number
Every registrable Australian body will receive upon registration a unique nine digit identifying number known as the Australian Registered Body Number (ARBN).

Under s.601DE of the Act the name of the registered body followed by the expression ‘Australian Registered Body Number’ (or a permitted abbreviation – list shown below) and the number itself must appear on all its public documents and negotiable instruments published or signed in the jurisdiction.

In addition, unless the body is a bank or other authorised deposit-taking institution, every public document and negotiable instrument of the body must include:

  • its place of origin; and
  • if the liability of the members is limited and that is not apparent from its name, notice of the limited liability of its members .

Permitted abbreviations include:

  • for Australian – ‘Aust’
  • for Registered – ‘Regd’
  • for Number – ‘No’
  • for Australian Registered Body Number – ‘ARBN’ or ‘A.R.B.N.

Notice of changes
Registered Australian bodies are required by the Act to lodge written notice of certain changes with ASIC. Some of the more important notification obligations are set out below.

A registered Australian body must lodge written notice of a change in:

its name (within 14 days of the change);

its constitution (within 1 month of the change); and

its directors or equivalent (within 1 month of the change);

the address of its registered office in Australia or a change to the business hours during which that office is open (within 7 days of the change).

A registered Australian body must also lodge written notice (form 407) within 7 days of its ceasing to carry on business, or within 1 month if it is wound up or dissolved or deregistered in its place of incorporation or origin.

Relevant Forms of Notice – Form Description

489 Notification of change of office hours or address of one or more registered bodies

490 Change to officeholders of a registered body

309 Notification of details of a charge

350 Certification of compliance with stamp duties law

401 Application for registration of a registrable Australian body

407 Notification of cessation, winding up or dissolution of a foreign company or registered Australian body

409 Notification of change to details of a foreign company or a registered Australian body

410 Application for reservation of a name

Lodging fees

Lodging fees and or late fees are applicable on some of the forms mentioned above and are subject to change from time to time. Fees information can be found by clicking here or available from your nearest ASIC Service Centre.

A copy of the register of Management Committee Members
(See Register of Management Committee Members document)

  • President/Secretary
  • Treasurer
  • Additional Management Committee members

Annual General meeting requirements

For full details, see Rules 19-23 of Model Rules

The Annual General Meeting shall be held within three months of the close of the financial year (31st March)

The business to be transacted at every Annual General Meeting shall be:

  • the receiving of the Management Committee’s report and the statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the Association for the preceding financial year
  • the receiving of the auditor’s report upon the books and accounts for the preceding financial year
  • the election of members of the Management Committee
  • the appointment of an auditor

Quorum required at the AGM is the number of members presently on the Management Committee plus one. No business shall be conducted unless a quorum is present.

The Secretary shall give not less than 14 days notice to the members of RISA Inc in writing (in a manner specified by the management committee), specifying the place, date and time of the meeting and the nature of the business, including the fact that it is the AGM.

Every question, matter or resolution shall be decided by a majority of votes of the members present.

Voting shall be by show of hands or a division of members, unless not less than one-fifth of the members present demand a ballot, in which event there shall be a secret ballot.

A member may vote in person or by proxy or by attorney and on a show of hands every person present who is a member or a representative of a member shall have one vote and in a secret ballot every member present in person or by proxy or by attorney or other duly authorised representative shall have one vote.

The instrument appointing a proxy shall be in writing (with the proxy given to the Secretary prior to the commencement of any meeting).

The Secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Management Committee meeting and general meeting to be entered in a book. The minutes of any annual general meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding general meeting or annual general meeting.

The minutes must state they are the Annual General Meeting.

Requirements following the AGM

Fill in forms for government departments e.g. ASIC, OFT, ATO (Our business address when they won’t allow a PO Box address is the current secretary’s home address).

Form A12 Annual Return of Association (Office of Fair Trading) within one month.

Form 489 Change of Registered Office or Office Hours of a Registered Body (Australian Securities and Investments Commission) within 7 days

Form 490 Change to Directors of a Registered Body (Australian Securities and Investments Commission) within a month

Form NAT 2943 Change of Registration Details (Australian Taxation Office) or call them on phone 1300 130 248

Change authorised contacts for other organisations (current authorised contacts are stored in Management Committee information in Section 2C)

Telstra (phone) – see article “Change Telstra Authorised Contacts”

add president/secretary and treasurer as authorised contacts and remove previous contacts. One of the current authorised contacts needs to call (ph: 132000) and make changes to the details. Need to provide either one of the phone numbers RISA Inc uses (07 3229 1090 or 07 3321  1344) or  the account number from our telephone invoice 3780171000

Need full name, date of birth, phone number

Telstra (internet) – see article “Change Telstra Authorised Contacts”

change contact name on account to current treasurer




Telstra requires a letter sent on letterhead (including ABN) with the requested changes, with signatures from all parties involved (new and previous contact)

For security and identification purposes, Telstra also requires the following information before they are able to access RISA Inc’s account.

  • Company Full Name: Reflux Infants Support Association Inc
  • ABN/ACN: 64 158 190 024
  • Full Name (of current authorised contact):
  • Date of Birth (of current authorised contact): 
  • Telstra Account Number: 3780171000
  • Security Password:
  • Alternate contact number: 07 3229 1090
  • For assistance, please call 13 2000 (Sales, Service and Billing) or 13 2999 (Faults and Technical Support).

PayPal – change business contact name to current treasurer

See articles “Change business contact name with PayPal”


Webhost support – change contact to current President http://www.webhostsaustralia.com.au/support.html

Bank account (online) www.westpac.com.au


Assistant Treasurer

Change signatories – bank account: Need 4 signatories, with 2 signing the cheques. This must include the Treasurer and one other member of the Management Committee nominated at the AGM or other member authorised from time to time by the Management Committee

Paymate: http://www.paymate.com/cms/



RISA yahoo!7 groups (need to have risa.moderators made as owner of all groups, with passwords changed each year)

RISAadmin http://au.groups.yahoo.com/group/RISAadmin/

RISAmanagement http://health.groups.yahoo.com/group/RISAmanagement/

RISAmemberspeak http://health.groups.yahoo.com/group/RISAmemberspeak/

RISAsocial http://health.groups.yahoo.com/group/RISAsocial/

RISAfundo http://health.groups.yahoo.com/group/RISAfundo/

RISAcontacts http://health.groups.yahoo.com/group/RISAcontacts/

Risasausagesizzle http://groups.yahoo.com/group/risasausagesizzle/

Change all passwords immediately after each AGM or when management committee changes. For current passwords and details, see document entitled “RISA Inc Requirements Following AGM and Password Details”)

Election of officers

For full details see Rules 11-12 of Model Rules

All the members of the Management Committee retire from office, but shall be eligible upon nomination for re-election, provided that no officer shall hold the position for more than two years

The election of officers and other members of the Management Committee shall take place in the following manner:-

Any two members of the Association shall be at liberty to nominate any other member to service as an officer or other member of the Management Committee (the president and treasurer cannot be the same person);

The nomination, which shall be in writing and signed by the member and his proposer and seconder, shall be lodged with the Secretary at least fourteen days before the Annual General Meeting at which the election is to take place;

A list of the candidates’ names in alphabetical order, with the proposers’ and seconders’ names, shall be posted in a conspicuous place in the office or usual place of meeting of the Association for at least seven days immediately preceding the Annual General Meeting;

Balloting lists shall be prepared (if necessary) containing the names of the candidates in alphabetical order, and each member present at the Annual General Meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies;

Should, at the commencement of such meeting, there be an insufficient number of candidates nominated, nominations may be taken from the floor of the meeting.

Voting may be in person, by proxy, by attorney or by using any technology that allows the member to hear and take part in discussions as they happen.

Copies of forms

Application for membership

(See     – “Membership Application Online form”

“Membership Application Postal form”)

AGM Agenda template

(See “AGM Agenda template” form)

Management Meeting Agenda template

(See “Management Meeting Agenda template” form)

Notice of Annual General Meeting

(See “AGM Notice template” form)


Notice is given that the Annual General Meeting of Members of the Association will be held on (insert date), (insert time) at (insert venue), for the purpose of considering the following business:


To confirm the Minutes of the Annual General Meeting held last year (insert date)

To table the President’s report

To table the Treasurer’s and Auditor’s Reports and financial statements for the financial year ended 31 March (insert year)

To appoint an auditor for the current financial year, ending 31 March (insert year)

To elect members to our Management committee (President/Secretary, Treasurer and additional management committee members), Administrative Team and Contact Team.

To transact any other business which may properly be transacted by an Annual General Meeting

Members may appoint a proxy in accordance with Rule 23 of our Model Rules.

RISA Inc President/Secretary

(Insert name)

(Insert date)




Incorporated Association: IA11510

In accordance with Rule 23. 8) of RISA Inc’s Model Rules:

I,  ______________________________________________

of  _____________________________________________,

being a member of the abovenamed Association, hereby appoint  ________________________________________________

of  _____________________________________________,

or failing him, ______________________________________


as my proxy to vote for me on my behalf at the (annual) general meeting of the Association, to be held on the

____day of _____________, 20___   and at any adjournment thereof.

Signed ___________________________________________

this ____ day of_____________,20____ .

This form is to be used *in favour of the resolution.

* against

* Strike out whichever is not desired (Unless otherwise instructed, the proxy may vote as he thinks fit);




Incorporated Association: IA11510

In accordance with Rule 11 of RISA Inc’s Model Rules:

Nominations for Annual General Meeting

Nominations must be received by RISA Inc’s Secretary at least fourteen days before the Annual General Meeting at which the election is to take place

We hereby nominate _________________________________________

for the position of ___________________________________________

Nominated by: _____________________________________________

Signed: ___________________________________________________

Seconded by: _______________________________________________

Signed: ___________________________________________________

Consent of Candidate

I hereby advise the Secretary of my consent to this nomination.

Candidate’s name: ___________________________________________

Signed: ___________________________________________________

Dated: _______/________/_______