Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts93. (1) Where the Registrar has reasonable grounds for believing that an incorporated association—
(a) is not in operation;
(b) has fewer than 5 members;
(c) was incorporated as a result of fraud or mistake;
(d) has not during the last preceding 3 years convened an annual general meeting of the association in accordance with this Act; or
(e) has not lodged an annual return with the Registrar in respect of each of the last preceding 3 years;
the Registrar may—
(f) serve a notice on the association; and
(g) publish a notice in relation to the association in a newspaper circulating generally within the Territory.
(2) A notice referred to in paragraphs (1) (f) and (g) shall—
(a) contain a statement to the effect that if a reply to the notice from the association showing cause why the incorporation of the association should not be cancelled is not received by the Registrar within the period of 2 months after the date on which the notice was served or published, whichever is the later, the incorporation of the association will be cancelled by notice in the Gazette ; and
(b) set out the ground or grounds for the proposed cancellation.
(3) Where the Registrar has, in accordance with subsection (1), served a notice on an incorporated association and published a notice in relation to the association the Registrar may, on the expiration of the period of 2 months referred to in the notice, by notice in the Gazette , cancel the incorporation of the association unless the Registrar is satisfied within that period that the association—
(a) is in operation;
(b) has at least 5 members;
(c) was not incorporated as a result of fraud or mistake;
(d) has during the last preceding 3 years convened an annual general meeting in accordance with this Act; and
(e) has lodged an annual return with the Registrar in respect of each of the last preceding 3 years.
(4) Where, pursuant to section 83 or subsection (3), the Registrar cancels the incorporation of an association, the Registrar shall send to the public officer of the association at the address appearing in the Registrar's records as the last notified address of the most recently appointed public officer of the association or, if there appears to be a vacancy in the office of the public officer, to a member of the committee of the association at the address which appears in the Registrar's records as the last notified address of the association, a notice of the cancellation.
(5) Notwithstanding the cancellation of the incorporation of an association pursuant to section 83 or subsection (3), any liability of an officer or member of the association existing at the time of cancellation continues and may be enforced as if the incorporation of the association had not been cancelled.
(6) If the Registrar is satisfied that the incorporation of an association was cancelled as the result of an error on the part of the Registrar, the Registrar may reinstate the incorporation of the association, and the association shall then be deemed to have continued in existence as an incorporated association as if its incorporation had not been cancelled.
(7) Where, before the Registrar cancels the incorporation of an association under section 83 or subsection (3), the incorporated association has commenced to be wound up under section 88 or 90—
(a) the Registrar may cancel the incorporation notwithstanding the commencement of the winding up; and
(b) the cancellation of the incorporation shall not be taken to affect the winding up.