47.
106 Some non-profit ventures in the Australian colonies like universities[1], museums[2] or zoological societies[3] were incorporated pursuant to statute. Otherwise, in most Australian colonies, and later in the States, incorporation of a non-profit association with limited liability was possible only under the relevant companies legislation. In South Australia, however, The Associations Incorporation Act 1858 (SA) provided a simple and cheap method for incorporation of an association established for what the preamble to that Act described as "the promotion of religion, education, and benevolent and useful objects". This innovative legislation was ultimately replicated in other Australian States and Territories but in most cases[4] that was not done until the latter half of the twentieth century[5].
107 Between 1862 and the first of the Constitutional Conventions – the National Australasian Convention held in Sydney in 1891 – there were many statutory and other developments, in England, in the law of companies and corporations. There was a deal of litigation about what companies could or should be registered. That litigation canvassed what was meant by "business"
- ↑ See, for example, An Act to incorporate and endow the University of Sydney (14 Vict No 31) and An Act to incorporate and endow the University of Melbourne (16 Vict No 34).
- ↑ See, for example, An Act to incorporate and endow the Australian Museum (17 Vict No 2).
- ↑ See, for example, The Zoological and Acclimatisation Society Incorporation Act 1884 (Vic).
- ↑ But see The Religious Educational and Charitable Institutions Act 1861 (Q); Associations Incorporation Act 1895 (WA).
- ↑ Associations Incorporation Ordinance 1953 (ACT); Associations Incorporation Ordinance 1963 (NT); Associations Incorporation Act 1964 (Tas); Associations Incorporation Act 1981 (Vic); Associations Incorporation Act 1981 (Q); Associations Incorporation Act 1984 (NSW).
