Under the Incorporated Societies Act 2022 – when does a new constitution take effect?
As many sports organisations work through their constitutional updates, one point is often misunderstood – the date your members vote on a new constitution or the date that the resolution is passed is not the date it becomes effective.
Under the Incorporated Societies Act 2022, a constitution only takes effect once it has been accepted and registered by the Incorporated Societies Registrar. The internal vote/resolution is simply the internal approval step. Nothing changes in practice until the Registrar registers it.
This is important for both re-registration and for any amendments made by existing societies. A special resolution amending the constitution will not apply until the Registrar processes and registers it.
This means timing really matters. Officers and administrators need to understand that until the Registrar registers it, you must continue operating under your existing constitution. It’s important therefore, that thought goes into when that effective date should fall so you have enough time to operationally implement those new rules, including to:
- put any new structures, officer roles, voting processes, or membership categories in place
- update policies, bylaws, and discipline-specific procedures so they align with the new constitution
- give discipline or regional groups enough time to adjust their processes before the new constitution becomes binding
There are a couple of ways you can manage this:
- Delay lodging the constitution until your operational settings match the new framework. You choose when to submit it, though you’ll need to keep the 5 April deadline firmly in mind. Ideally, you should also communicate your proposed submission date to your members. In our view, many organisations will leave their applications to the last minute, so the danger is that the Registrar is likely to experience a backlog the closer to that deadline you get; and/or
- Include transitional clauses to phase in new arrangements. These can bridge the period between old and new, and help manage things like election cycles, committee handovers, and the introduction of new governance structures.
Understanding the difference between approval and registration helps avoid confusion and gives your organisation the space it needs to be ready when the new rules take effect. If you have a question about the Incorporated Societies Act 2022 and how this applies to your organisation, please get in touch.
