20aug(aug 20)8:00 am21(aug 21)5:00 pmRound 7, 2022

Terms of Services

By applying for membership you agree to the terms and conditions of the Association

The name of the Association is: West Australian Saloon Car Association Inc.

The objects of the Association are:

  1. To provide a supporting body that will represent the development of Saloon Car racing in WA.
  2. To manage & facilitate and or promote activities such as, but not limited to:
  3. a) Motor Races
  4. b) Competitions
  5. c) Tours
  6. d) Lectures & discussion forums
  7. e) Social functions

Any 10 members personally present (being members entitled to vote under these rules at a general meeting) will constitute a quorum for the conduct of business at a general meeting.

Any 5 committee members constitute a quorum for the conduct of the business of a committee meeting.

The association’s financial year will be the period of 12 months commencing on I st November & ending on 31st October each year.

PART 1 – PRELIMINARY

  1. Terms Used

In these rules, unless the contrary intention appears —

Act means the Association’s Incorporation Act 2015;

Associate Member means a member with the rights referred to in rule 8(6);

Association means the incorporated association to which these rules apply;

Books, of the Association, includes the following —

(a) a register;

(b) financial records, financial statements or financial reports, however compiled, recorded or stored;

(c) a document;

(d) any other record of information

By laws means by-laws made by the association under rule 64;

Chairperson means the committee member holding office as the chairperson of the association;

Commissioner means the person for the time being designated as the commissioner Under section 153 of the act;

Committee means the management committee of the association;

Committee Meeting means a meeting of the committee

Committee Member means a member of the committee;

Financial Records includes —

(a) Invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes & vouchers; and

(b) Documents of prime entry; and

(c) Working papers & other documents needed to explain —

(i) the methods by which financial statements are prepared; &

(ii) adjustments to be made in preparing financial statements;

Financial Report, of a tier 2 association or a tier 3 association, has the meaning given in Section 63 of the act;

Financial Statements means the financial statements in relation to the association required under part 5 division 3 of the act;

Financial Year, of the association, has the meaning given in rule 2;

General Meeting, of the association, means a meeting of the association that all members are entitled to receive notice of & to attend;

Honorary Member means a member with the rights referred in rule 8(8)

Junior Member means a member under 1 7 with rights referred to in rule 8(9);

Life Member means a member with the rights referred in rule 8(7);

Member means a person (including a body corporate) who is an ordinary, associate, honorary, junior, or life member;

Ordinary Committee Member means a committee member who is not an office holder of the association under rule 27(3);

Ordinary Member means a member with the rights referred to in rule 8(5);

Register of Members means the register of members referred to in section 53 of the act;

Rules mean these rules of the association, as in force for the time being;

Secretary means the committee member holding omce as the secretary of the association;

Special General Meeting means a general meeting of the association other than the annual general meeting;

Special Resolution means a resolution passed by the members at a general meeting in accordance with section 51 of the act;

Sub Committee means a sub committee appointed by the committee under rule 48(1 )(a);

Treasurer means the committee member holding office as the treasurer of the association.

  1. Financial Year

(I) The first financial year of the association is to be the period notified to the commissioner under section 7(4)(e) or, if relevant, section 29(5)(e) of the act.

(2) Each subsequent financial year of the association is the period of 12 months commencing at the termination of the first financial year or the anniversary of that termination.

PART 2 – ASSOCIATION TO BE NOT FOR PROFIT BODY

  1. Not for profit body

(I) The property & income of the association must be applied solely towards the promotion of the objects or purposes of the association & no part Of that property or income may be paid or otherwise distributed, directly or indirectly, to any member, except in good faith in the promotion of those objects or purposes.

(2) A payment may be made to a member out of the funds of the association only if it is authorised under sub rule (3).

(3) A payment to a member out of the funds of the association is authorised if it is —

(a) the payment in good faith to the member as reasonable remuneration for any services provided to the association, or for goods supplied to the association, in the ordinary course of business; or

(b) the payment of interest, on money borrowed by the association from the member at a rate not greater than the cash rate published from time to time by the Reserve Bank Australia; or

(c) the reimbursement of reasonable expenses properly incurred by the member on behalf of the association.

PART 3 – MEMBERS

A member of the management committee, trustee or a member of the association is not liable in respect of the liabilities of the association under section 19 of the act.

Division I — Membership

  1. Eligibility for membership

(I ) Any person (or body corporate) who supports the objects or purposes of the association is eligible to apply to become a member.

(2) An individual who has not reached the age of 18 years is not eligible to apply for a class of membership that confers full voting rights.

  1. Applying for membership

(I) A person who wants to become a member must apply in writing to the association

(2) The application must include a member’s nomination of the applicant for membership.

(3) The application must be signed by the applicant & the member nominating the applicant.

(4) The applicant must specify in the application the class of membership, if there is more than one, to which the application relates.

  1. Dealing with membership applications

(l) The committee must consider each application for membership of the association & decide whether to accept or reject the application.

(2) Subject to sub rule (3), the committee must consider applications in the order in which they are received by the association.

(3) The committee may delay its consideration of a application if the committee considers that any matter relating to the application needs to be clarified by the applicant or that the applicant needs to provide further information in support of the application.

(4) The committee must not accept an application unless the applicant —

(a) is eligible under rule 4; and

(b) has applied under rule 5.

(5) The committee may reject an application even if the applicant

(a) is eligible under rule 4; and

(b) has applied under rule 5.

(6) The committee must notify the applicant of the committee’s decision to accept or reject the application as soon as practicable after making the decision.

(7) If the committee rejects the application, the committee is not required to give the applicant any reasons for doing so.

  1. Becoming a Member

An applicant for membership of the association becomes a member when —

(a) the committee accepts the application; and

(b) the applicant pays any membership fees payable to the association under rule 12.

  1. Classes of Membership

(I) The association consists of ordinary members & any associate members provided for under sub rule (2).

(2) The association may have any class of associate membership approved by resolution at a general meeting, including junior, honorary & life memberships.

(3) An individual who has not reached the age of 18 years is only eligible to be a junior member.

(4) A person can only be an ordinary member or belong to one class of associate membership.

(5) An ordinary member has full voting rights & any other rights conferred on members by these rules or approved by resolution at a general meeting or determined by the committee.

(6) A life member may be awarded life membership as a recognition of past efforts & has the rights referred to in sub rule (5) other than full voting rights.

(7) An honorary member has the rights referred to in sub rule (5) other than full voting rights.

(8) A junior member has the rights referred to in sub rule (5) other than full voting rights.

(9) The number of members in any class is not limited unless otherwise approved by resolution at a general meeting.

  1. When Membership Ceases

(I) A person ceases to be a member when any of the following takes place —

(a) for a member who is an individual, the individual dies;

(b) for a member who is a body corporate, the body corporate is wound up;

(c) the person resigns from the association under rule 10;

(d) the person is expelled from the association under rule 15; (e) the person ceases to be a member under rule 12(4).

(2) Ihe secretary must keep a record, for at least one year after a person ceases to be a member, of—

(a) the date on which the person ceased to be a member; and

(b) the reason why the person ceased to be a member.

  1. Resignation

(I) A member may resign from membership of the association by giving written notice of the resignation to the secretary.

(2) The resignation takes effect —

(a) when the secretary receives the notice; or

(b) if a later time is stated in the notice, at that later time.

(3) A person who has resigned from membership of the association remains liable for any fees that are owed to the association (the owed amount) at the time of resignation.

(4) The amount owed may be recovered by the association in a court of competent jurisdiction as a debt due to the association.

  1. Rights not Transferable

The rights of a member are not transferable & end when membership ceases.

 

Division 2 — Membership Fees

  1. Membership Fees

(l) The committee must determine the entrance fee (if any) & the annual membership fee to be paid for membership of the association.

(2) The fees determined under sub rule (I) may be different for different classes of membership.

(3) A member must pay the annual membership fee to the treasurer, or another person authorised by the committee to accept payments by the date (the due date) determined by the committee.

(4) If a member has not paid the annual membership fee within the period of three months after the due date, the member ceases to be a member on the expiry of that period.

(5) If a person who has ceased to be a member under sub rule (4) offers to pay the annual membership fee after the period referred to in that sub rule has expired —

(a) the committee may, at its discretion, accept that payment; and

(b) if the payment is accepted, the person’s membership is re-instated from the date the payment is accepted for the remainder of that current financial year.

(6) The membership financial year will be the period of 12 months commencing January 1st & ending 31st December each year.

(7) Any person may be selected to honorary membership of the association by the committee provided that such membership shall only be for the current year.

(8) A member of the association may be bestowed life membership of the association at any annual general meeting provided;

(a) the nomination is made by an ordinary or life member & is endorsed by a second, ordinary or life member,

(b) a vote or poll of those eligible to vote with no less than 75% in favour of the nomination.

Division 3 — Register of Members

  1. Register of Members

(l) Ihe secretary, or another person authorised by the committee, is responsible for the requirements imposed on the association under section 53 of the Act to maintain the register of members & record in that register any change in the membership of the association.

(2) In addition to the matters referred to in section 53(2) of the Act, the register of members must include the class of membership (if applicable) to which the member belongs & the date on which each member becomes a member.

(3) The register of members must be kept at the secretary’s place of residence, or at another place determined by the committee.

(4) A member who wishes to inspect the register of members must contact the secretary to make the necessary arrangements.

(5) If –

(a) a member inspecting the register of members wishes to make a copy of, or take an extract from, the register under section 54(2) of the Act; or

(b) when a member makes a written request under section I) of the Act to be provided with a copy of the register of members.

 

The committee may require the member to provide a statutory declaration setting out the purpose for which the copy or extract is required & declaring that the purpose is connected with the affairs of the association.

PART 4 – DSICIPLINARY ACTION. DISPUTES & MEDIATION

Division I — Term Used

  1. Term Used: Member

In this part —

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Member, in relation to a member who is expelled from the association, includes former member.

Division 2 — Disciplinary Action

  1. Suspension or expulsion

(l) The committee may decide to suspend a member’s membership or to expel a member from the association if—

(a) the member contravenes any of these rules; or

(b) the member acts detrimentally to the interests of the association.

(2) The secretary must give the member written notice of the proposed suspension or expulsion at least 28 days before the committee meeting at which the proposal is to be considered by the committee.

(3) The notice given to the member must state —

(a) when & where the committee meeting is to be held; and

(b) the grounds on which the proposed suspension or expulsion is based; and

(c) that the member, or the member’s representative, may attend the meeting & will be given a reasonable opportunity to make written & or oral submissions to the committee about the proposed suspension or expulsion.

(4) At the committee meeting, the committee must

(a) give the member, or the member’s representative, a reasonable opportunity to make written & or oral submissions to the committee about the proposed suspension or expulsion; and

(b) give due consideration to any submissions so made: and

(c) decide —

(i) whether or not to suspend the member’s membership &, if the decision is to suspend membership, the period of suspension; or

(ii) whether or not to expel the member from the association.

(5) A decision of the committee to suspend the member’s membership or to expel the member from the association takes immediate effect.

(6) The committee must give the member written notice of the committee’s decision, & the reason for the decision, within 7 days after the committee meeting at which the decision is made.

(7) A member whose membership is suspended or who is expelled from the association may, within 14 days after receiving notice of the committee’s decision under sub rule (6), give written notice to the secretary requesting the appointment of a mediator under rule 23.

(8) If notice is given under sub rule (7), the member who gives the notice & the committee are the parties to the mediation.

  1. Consequences of Suspension.

(I) During the period a member’s membership is suspended, the member —

(a) loses any rights (including voting rights) arising as a result of membership; and

(b) is not entitled to a refund, rebate, relief or credit for membership fees paid, or payable, to the association.

(2) When a member’s membership is suspended, the secretary must record in the register of members —

(a) that the member’s membership is suspended; and

(b) the date on which the suspension takes effect; and

(c) the period of suspension.

(3) When the period of suspension ends, the secretary must record in the register of members that the member’s membership is no longer suspended.

 

.8.

Division 3 — Resolving Disputes

  1. Terms Used

In this division —

Grievance procedure means the procedures set out in this division.

Party to a dispute — includes a person —

(a) who is a party to the dispute; and

(b) who ceases to be a member within 6 months before the dispute has come to the attention of each party to the dispute.

  1. Application of Division

The procedure set out in this division (the grievance procedure) applies to disputes —

(a) between members; or

(b) between one or more members of the association.

  1. Parties to Attempt to Resolve a Dispute

The parties to a dispute must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party.

  1. How Grievance Procedure is Started.

(I) If the parties to a dispute are unable to resolve the dispute between themselves within the time required by rule 19, any party to the dispute may start the grievance produce by giving written notice to the secretary of—

(a) the parties to the dispute; and

(b) the matters that are the subject of the dispute.

(2) Within 28 days after the secretary is given the notice, a committee meeting must be convened to consider & determine the dispute.

(3) The secretary must give each party to the dispute written notice of the committee meeting at which the dispute is to be considered & determined at least 7 days before the meeting is held.

(4) The notice given to each party to the dispute must state —

(a) when & where the committee meeting is to be held; and

(b) that the party, or the party’s representative, may attend the meeting & will be given a reasonable opportunity to make written & or oral submissions to the committee about the dispute.

(5) If –

(a) the dispute is between one or more members & the association; and

(b) any party to the dispute gives written notice to the secretary stating that the party –

(i) does not agree to the dispute being determined by the committee; and

(ii) requests the appointment of a mediator under rule 23,

 

the committee must not determine the dispute.

  1. Determination of Dispute by Committee

(I) At the committee meeting at which the dispute is to be considered & determined, the committee must —

(a) give each party to the dispute, or the party’s representative, a reasonable opportunity to make written & or oral submissions to the committee about the dispute; and

(b) give due consideration to any submissions so made; and

(c) determine the dispute.

.9.

(2) ‘The committee must give each party to the dispute written notice of the committee’s determination, & the reasons for the determination, within 7 days after the committee meeting at which the determination is made.

(3) A party to the dispute may, within 14 days after receiving notice of the committee’s determination under sub rule (l give written notice to the secretary requesting the appointment of a mediator under rule 23.

(4) If a notice is given under sub rule (3), each party to the dispute is a party to the mediation.

Division 4 — Mediation

  1. Application of Division

(l) This division applies if written notice has been given to the secretary requesting the appointment of a mediator –

(a) by a member under rule 15(7); or

(b) by a party to a dispute under rule 20(5)(b)(ii) or 21 (3).

(2) If this division applies, a mediator must be chosen or appointed under rule 23.

  1. Appointment of Mediator

(l) The mediator must be a person chosen —

(a) if the appointment of a mediator was requested by a member under rule 15(7) — by agreement between the member & the committee; or

(b) if the appointment of a mediator was requested by a party to a dispute under rule 20(5)(b)(ii) or 21 (3) — by agreement between the parties to a dispute.

(2) If there is no agreement for the purposes of sub rule (I )(a) or (I )(b), then, subject to sub rules (3) & (4), the committee must appoint the mediator.

(3) The person appointed as mediator by the committee must be a person who acts as a mediator for another not for profit body, such as a community legal centre, if the appointment of a mediator was requested by –

(a) a member under rule 15(7); or

(b)a party to a dispute under rule 20(5)(b)(ii); or

(c) a party to a dispute under rule 21 (3) & the dispute is between one or more members & the association.

(4) The person appointed as mediator by the committee may be a member or former member of the association, but must not —

(a) have a personal interest in the matter that is subject to the mediation; or

(b) be biased in favour of or against any party to the mediation.

  1. Mediation Process

(I) The parties to the mediation must attempt in good faith to settle the matter that is the subject of the mediation.

(2) Each party to the mediation must give the mediator a written statement of the issues that need to be considered at the mediation at least 5 days prior to the mediation.

(3) In conducting the mediation, the mediator must —

(a) give each party to the mediation every opportunity to be heard; and

(b) allow each party to the mediation to give due consideration to any written statement given by another party; and

(c) ensure that natural justice is given to the parties to the mediation throughout the mediation process.

(4) The mediator cannot determine the matter that is subject of the mediation

(5) The mediation must be confidential, & any information given at the mediation cannot be used in any other proceedings that take place in relation to the matter that is the subject of the mediation.

.10.

(6) The costs of the mediation are to be paid by the party or parties to the mediation that requested the appointment of the mediator.

  1. If Mediation Results in a Decision to Suspend or Expel Being Revoked.

If –

(a) Mediation takes place because a member whose membership is suspended or who is expelled from the association gives notice under rule 15(7); and

(b) As the result of the mediation, the decision to suspend the member’s membership or expel the member is revoked,

that revocation does not affect the validity of any decision made at a committee meeting or general meeting during the period or suspension or expulsion.

PART 5 – COMMITTEE

Division I — Powers of Committee

  1. Committee

(I) The committee members are the persons who, as the management committee of the association, have the powers to manage the affairs of the association.

(2) Subject to the Act, these rules, the bylaws (if any) & any resolution passed at a general meeting, the committee has power to do all things necessary or convenient to be done for the proper management of the affairs of the association.

(3) The committee must take all reasonable steps to ensure that the association complies with the Act, these rules & the bylaws (if any).

Division 2 — Composition of Committee & Duties of Members

  1. Committee Members

(I) ne committee members consist of—

(a) the office holders of the association; and

(b) at least 2 ordinary committee members.

(2) The committee must determine the maximum number of members who may be ordinary committee members.

(3) The following are the office holders of the association —

(a) the chairperson;

(b) the deputy chairperson;

(c) the secretary;

(d) the treasurer.

(4) A person may be a committee member if the person is —

(a) an individual who has reached 18 years of age; and

(b) an ordinary member for at least 12 months immediately prior.

  1. Chairperson

(l) It is the duty of the chairperson to consult with the secretary regarding the business to be conducted at each committee meeting & general meeting.

(2) The chairperson has the powers & duties relating to convening & presiding at committee meetings & general meetings provided for in these rules.

  1. Secretary

The secretary has the following duties —

(a) dealing with the association’s correspondence;

(b) consulting with the chairperson regarding the business to be conducted at each committee meeting or general meeting;

(c) preparing the notices required for meetings & for the business to be conducted at meetings;

(d) unless another member is authorised by the committee to do so, maintaining on behalf of the association the register of members, & recording in the register any changes in membership, as required under section 53(1) of the Act;

(e) maintaining on behalf of the association an up to date copy of these rules, as required under section 35(1) of the Act;

(f) unless another member is authorised by the committee to do so, maintaining on behalf of the association a record of committee members & other persons authorised to act on behalf of the association, as required under section 58(2) of the Act;

(g) ensuring the safe custody of the books of the association, other than the financial records, financial statements & financial reports, as applicable to the association;

(h) maintaining full & accurate minutes of committee meetings & general meetings;

(i) carrying out any other duty given to the secretary under these rules or by the committee.

  1. Treasurer

The treasurer has the following duties —

(a) ensuring that any amounts payable to the association are collected & issuing receipts for those amounts in the association’s name;

(b) ensuring that any amounts paid to the association are credited to the appropriate account of the association, as directed by the committee;

(c) ensuring that any payments to be made by the association that have been authorised by the committee or at a general meeting are made on time;

(d) ensuring that the association complies with the relevant requirements or part 5 of the Act;

(e) ensuring the safe custody of the association’s financial records, financial statements & financial reports, as applicable to the association;

(f) if the association is a tier I association, coordinating the preparation of the association’s financial statements before their submission to the association’s annual general meeting.

(g) if the association is a tier 2 association or tier 3 association, coordinating the preparation of the association’s financial report before its submission to the association’s annual general meeting.

(h) providing any assistance required by an auditor or reviewer conducting an audit or review of the association’s financial statements or financial report under Part 5 division 5 of the Act;

(i) carrying out any other duty given to the treasurer under these rules or by the committee.

Division 3 — Election of Committee Members &

Tenure of Office

  1. How Members Become Committee Members

A member becomes a committee member if the member —

(a) is elected to the committee at a general meeting; or

(b) is appointed to the committee by the committee to fill a casual vacancy under rule 38.

  1. Nomination of Committee Members

(I) At least 21 days before an annual general meeting, the secretary must send written notices to all the members —

(a) calling for nominations for election to the committee; and

 

(b) stating the date by which nominations must be received by the secretary to comply with sub rule (2).

(2) A member who wishes to be considered for election to the committee at the annual general meeting must nominate for election by sending written notice of the nomination to the secretary at least 7 days before the annual general meeting.

(3) The written notice must include a statement by another member in support of the nomination.

(4) A member may nominate for I specified position office holder of the association or to be an ordinary committee member.

(5) A member whose nomination does not comply with this rule is not eligible for election to the committee unless the member is nominated under rule 33(2) or 34(2)(b).

  1. Election of Office Holders.

(I) At the annual general meeting, a separate election must be held for each position of office holder of the association.

(2) If there is no nomination for a position, the chairperson of the meeting may call for nominations from the ordinary members at the meeting.

(3) If only one member has nominated for a position, the chairperson of the meeting must declare the member elected to the position.

(4) If more than one person has nominated for a position. the ordinary members at the meeting must vote in accordance with procedures that have been determined by the committee to decide who is to be elected to the position.

(5) Each ordinary member present at the meeting may vote for one member who has nominated for the position.

(6) A member who has nominated for the position may vote for himself or herself.

(7) On the member’s election, the new chairperson of the association may take over as chairperson of the meeting.

  1. Election of Ordinary Committee Members.

(I) At the annual general meeting, the association must decide by resolution the number of ordinary committee members (if any) to hold office for the next year.

(2) If the number of members nominating for the position of ordinary committee member is not greater than the number to be elected, the chairperson of the meeting —

(a) must declare each of those members to be elected to the position; and

(b) may call for further nominations from the ordinary members at the meeting to fill any positions remaining unfilled after the elections under paragraph (a).

(3) If –

(a) the number of members nominating for the position of ordinary committee member is greater than the number to be elected; or

(b)the number of members nominating under sub rule (2)(b) is greater than the number of positions remaining unfilled,

the ordinary members at the meeting must vote in accordance with procedures that have been determined by the committee to decide the members who are to be elected to the position of ordinary member.

(4) A member who has nominated for the position of ordinary committee member may vote in accordance with that nomination.

  1. Term of Office

(l) The term of once of a committee member begins when the member —

(a) is elected at an annual general meeting or under sub rule 36(3)(b); or

(b) is appointed to fill a casual vacancy under rule 38.

 

(2) Subject to rule 37, a committee member holds office until the positions on the committee are declared vacant at the next annual general meeting.

(3) A committee member may be re-elected.

  1. Resignation & Removal from Office

(I) A committee member may resign from the committee by written notice given to the secretary or, if the resigning member is the secretary, given to the chairperson.

(2) The resignation takes effect —

(a) When the notice is received by the secretary or chairperson; or

(b) If a later time is stated in the notice, at the later time.

(3) At a general meeting, the association may by resolution —

(a) Remove a committee member from office; and

(b) Elect a member who is eligible under rule 27(4) to fill the vacant position.

(4) A committee member who is the subject of a proposed resolution under sub rule (3)(a) may make written representations (of a reasonable length) to the secretary or chairperson & may ask that the representations be provided to the members.

(5) The secretary or chairperson may give a copy of the representations to each member or, if they are not so given, the committee member may require them to be read out at the general meeting at which the resolution is to be considered.

  1. When Membership of Committee Ceases.

A person ceases to be a committee member if the person —

(a) Dies or otherwise ceases to be a member; or

(b) Resigns from the committee or is removed from office under rule 36; or

(c) Becomes ineligible to accept an appointment or act as a committee member under section 39 of the Act;

(d) Becomes permanently unable to act as a committee member because of a mental or physical disability; or

(e) Fails to attend 3 consecutive committee meetings, of which the person has been given notice, without having notified the committee that the person has submitted an apology.

  1. Filling Casual Vacancies.

(I) The committee may appoint a member who is eligible under rule 27(4) to fill a position on the committee that —

(a) Was become vacant under rule 37; or

(b) Was not filled by election at the most recent annual general meeting or under rule 36(3) (b).

(2) If the position of secretary becomes vacant, the committee must appoint a member who is eligible under rule 27(4) to fill the position within 14 days after the vacancy arises.

(3) Subject to the requirement of a quorum under rule 45, the committee may continue to act despite any vacancy in its membership.

(4) If there are fewer committee members than required for a quorum under rule 45, the committee may act only for the purpose of—

(a) Appointing committee members under this rule; or

(b) Convening a general meeting.

  1. Validity of Acts

The acts of a committee or sub committee, or of a committee member or member of a sub committee, are valid despite any defect that may be afterwards be discovered in the election, appointment or qualification of a committee member or member of a sub committee.

 

  1. 40. Payments to Committee Members

(l) In this rule —

Committee member includes a member of a sub committee;

Committee meeting includes a meeting of a sub committee.

(2) A committee member is entitled to be paid out of the funds of the association for any authorised out of pocket expenses for travel & accommodation properly incurred

(a) in connection with the association’s business.

Division 4 — Committee Meetings

  1. Committee Meetings

(I) The committee must meet at least 4 times in each year on the dates & at times & places determined by the committee.

(2) The date, Times & place of the first committee meeting must be determined by the committee members as soon as practicable after the annual general meeting at which the committee members are elected.

(3) Special committee meetings may be convened by the chairperson or any 4 committee members,

  1. Notice of Committee Meetings.

(l) Notice of each committee meeting must be given to each committee members at least 7 days before the time of the meeting.

(2) The notice must state the date, time & place of the meeting & must describe the general nature of the business to be conducted at the meeting.

(3) Unless sub rule (4) applies, the only business that may be conducted at the meeting is the business described in the notice.

(4) Urgent business that has not been described in the notice may be conducted at the meeting if the committee members at the meeting unanimously agree to treat that business as urgent.

  1. Procedure & Order of Business

(l) The chairperson or, in the chairperson’s absence, the deputy chairperson must preside as chairperson of each committee meeting.

(2) If the chairperson or deputy chairperson is absent or unwilling to act as chairperson of the meeting, the committee members at the meeting must choose one of themselves to act as chairperson of the meeting.

(3) The procedure to be followed at a committee meeting must be determined from time to time by the committee.

(4) The order of business at a committee meeting may be determined by the committee members at the committee meeting.

(5) A member of other person who is not a committee member may attend a committee meeting if invited to do so by the committee.

(6) A person invited under sub rule (5) to attend a committee meeting —

(a) Has no right to any agenda, minutes or other document circulated at the meeting; and

(b) Must not comment about any matter discussed at the meeting unless invites by the committee to do so; and

(c) Cannot vote on any matter that is to be decided at the meeting.

  1. Use of Technology at Committee Meetings.

Committee meetings may be held by use of telephone or other electronic communication devices.

  1. Quorum For Committee Meetings

(l) Subject to rule 38(4), no business is to be conducted at a committee meeting unless a quorum is present.

(2) If a quorum is not present within 30 minutes after the notified commencement time of a committee meeting —

(a) In the case of a special meeting — the meeting lapses; or

(b) Otherwise, the meeting is adjourned to the same time, day & place in the following week.

(3) If –

(a) a quorum is not present within 30 minutes after the commencement time of a committee meeting held under sub rule (2)(b); and

(b) at least 5 committee are present at the meeting, those members present are taken to constitute a quorum.

  1. Voting at Committee Meetings.

(1) Each committee member present at a committee meeting has one vote on a question arising at the meeting.

(2) A motion is carried if a majority of the committee members present at the committee meeting vote in favour of a motion.

(3) If the votes are divided equally on a question, the chairperson of the meeting has a second or casting vote.

(4) A vote may take place by the committee members present indicating their agreement or disagreement or by a show of hands, unless the committee decides that a secret ballot is needed to determine a particular question.

(5) If a secret ballot is needed, the chairperson of the meeting must decide how the ballot is to be conducted.

  1. Minutes of Committee Meetings

(I) The committee must ensure that minutes are taken & kept of each committee meeting.

(2) The meetings must record the following —

(a) the names of the committee members present at the meeting;

(b) the name of any person attending the meeting under rule 43(5);

(c) the business considered at the meeting;

(d) any motion on which a vote is taken at the meeting & the result of the vote.

(3) The minutes of a committee meeting must be entered in the association’s minute book within 30 days after the meeting is held.

(4) The chairperson must ensure that the minutes of a committee meeting are reviewed & signed as correct by

(a) the chairperson of the meeting; or

(b) the chairperson of the next committee meeting.

(5) When the minutes of a committee meeting have been signed as correct they are, until the contrary is proved, evidence that —

(a) the meeting to which the minutes relate was duly convened & held; and

(b) the matters recorded as having taken place at the meeting took place as recorded; and

(c) any appointment purportedly made at that meeting was validly made.

Division 5 — Sub Committees & Subsidiary Offices

  1. Sub Committees & Subsidiary Offices.

(I ) To help the committee in the conduct of the association’s business, the committee may, in writing, do either or both of the following —

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(a) Appoint one or more sub committees;

(b) Create one or more subsidiary offices & appoint people to those offices.

(2) A sub committee may consist of the number of people, whether or not members, that the committee considers appropriate.

(3) A person may be appointed to a subsidiary office whether or not the person is a member.

(4) Subject to any directions given by the committee —

(a) A sub committee may meet & conduct business as it considers appropriate; and

(b) The holder of a subsidiary office may carry out the functions given to the holder as the holder considers appropriate.

  1. Delegation to Sub Committees & Holders of Subsidiary Offices

(I) In this rule —

non delegable duty means a duty imposed on the committee by the Act or another written law.

(2) Ne committee may, in writing, delegate to a sub committee or the holder of a subsidiary office the exercise of any power or the performance of any duty of the committee other than –            (a) the power to delegate; and

(b) a non-delegable duty

(3) A power or duty, the exercise or performance of which has been delegated to a sub committee or the holder of a subsidiary office under this rule, may be exercised or performed by the sub committee or holder in accordance with the terms of the delegation.

(4) The delegation may be made subject to any conditions, qualifications, limitations or exceptions that the committee specifies in the document by which the delegation is made.

(5) The delegation does not prevent the committee from exercising or performing at any time the power or duty delegated.

(6) Any act or thing done by a sub committee or by the holder of a subsidiary office, under the delegation has the same force & effect as if it had been done by the committee.

(7) The committee may, in writing, amend or revoke the delegation.

PART 6 – GENERAL MEETINGS OF ASSOCIATION

  1. Annual General Meeting

(I) The committee must determine the date, time & place of the annual general meeting.

(2) If it is proposed to hold the annual general meeting more than 6 months after the end of the association’s financial year, the secretary must apply to the Commissioner for permission under section 50(3)(b) of the Act within 4 months after the end of the financial year.

(3) The ordinary business of the annual general meeting is as follows —

(a) to confirm the minutes of the previous annual general meeting & of any special general meeting held since then if the minutes of that meeting have not yet been confirmed;

(b) to receive & consider —

(i) the committee’s annual report on the association’s activities during the preceding financial year; and

(ii) if the association is a tier I association, the financial statements of the association for the preceding financial year presented under part 5 of the Act; and

(iii) if the association is a tier 2 association or a tier 3 association, the financial report of the association for the preceding financial year presented under part 5 of the Act;

(iv) if required to be presented for consideration under part 5 of the Act, a copy of the review or auditor’s report on the financial statements or financial report;

(c) to elect the officers of the association & other committee members;

(d) if applicable, to appoint or remove a reviewer or auditor of the association in accordance with the Act;

(e) to confirm or vary the entrance fees, subscriptions & other amounts (if any) to be paid by the members.

(4) Any other business of which notice has been given in accordance with these rules may be conducted at the annual general meeting.

  1. Special General Meetings

(l) The committee may convene a special general meeting.

(2) The committee must convene a special general meeting if at least 20% of the members require a special general meeting to be convened.

(3) The members requiring a special general meeting to be convened must —

(a) Make the requirement by written notice given to the secretary; and

(b) State in the notice the business to be considered at the meeting; and

(c) Each signs the notice.

(4) The special general meeting must be convened within 28 days after notice is given under sub rule (3)(a).

(5) If the committee does not convene a special general meeting within that 28 day period, the members making the requirement (or any of them) may convene the special general meeting.

(6) A special general meeting convened by members under sub rule (5) —

(a) Must be held within 3 months after the date the original requirement was made; and

(b) May only consider the business stated in the notice by which the requirement was made.

(7) The association must reimburse any reasonable expenses incurred by the members convening a special general meeting under sub rule (5).

  1. Notice of General Meetings

(I) The secretary or, in the case of a special general meeting convened under rule 51(5), the members convening the meeting must give to each member —

(a) at least 21 days notice of a general meeting if a special resolution is to be proposed at the meeting; or

(b) at least 14 days notice of a general meeting in any other case.

(2) The notice must —

(a) specify the date, time & place of the meeting; and

(b) indicate the general nature of each item of business to be considered at the meeting; and

(c) if the meeting is the annual general meeting, include the names of the members who have nominated for election to the committee under rule 32(2); and

(d) if a special resolution is proposed —

(i) set out the wording of the proposed resolution as required by section 51(4) of the Act;

(ii) state that the resolution is intended to be proposed as a special resolution; and

(iii) comply with rule 53(6)

  1. Proxies.

(1) An ordinary member may appoint an individual who is an ordinary member as his or her proxy to vote & speak on his or her behalf at a general meeting.

 

(2) The appointment of a proxy must be in writing & signed by the member making the appointment.

(3) The member appointing the proxy may give specific directions as to how the proxy is to vote on his or her behalf.

(4) If no instructions are given to the proxy, the proxy may vote on behalf of the member in any matter as the proxy sees fit.

(5) If the committee has approved a form for the appointment of a proxy, the member may use that form or any other form —

(a) that clearly identifies the person appointed as the member’s proxy; and

(b) That has been signed by the member.

(6) The notice of a general meeting given to an ordinary member under rule 52 must —

(a) state that the member may appoint an individual who is an ordinary member as a proxy for that meeting; and

(b) include a copy of any form that the committee has approved for the appointment of a proxy.

(7) A form appointing a proxy must be given to the secretary before the commencement of the general meeting for which the proxy is appointed.

(8) A form appointing a proxy sent by post or electronically is of no effect unless it is received by the association not later than 24 hours before the commencement of the meeting.

  1. Attendance at a General Meeting by Technology.

The presence of an ordinary member at a general meeting must be by attendance in person. The use of a telephone or other means of instantaneous communication is not permitted.

  1. Presiding Member & Quorum for General Meetings.

(I) The chairperson or, in the chairperson’s absence, the deputy chairperson must preside ms chairperson of each general meeting.

(2) If the chairperson or deputy chairperson are absent or are unwilling to act as chairperson of a general meeting, the committee members at the meeting must choose one of themselves to act as chairperson of the meeting.

(3) No business is to be conducted at a general meeting unless a quorum is present.

(4) If a quorum is not present within 30 minutes after the notified commencement time ofa general meeting —

(a) in the case of a special general meeting – the meeting lapses; or

(b) in the case of the annual general meeting – the meeting is adjourned to –

(i) the same time & day in the following week; and

(ii) the same place, unless the chairperson specifies another place at the time of the adjournment or written notice of another place is given to the members before the day to which the meeting is adjourned.

(5) If –

(a) a quorum is not present within 30 minutes after the commencement time of an annual meeting held under sub rule (4)(b); and

(b) at least 10 ordinary members are present at the meeting,

those members present are taken to constitute a quorum.

  1. Adjournment of General Meeting.

(I) The chairperson of a general meeting at which a quorum is present may, with the consent of a majority of the ordinary members present at the meeting, adjourn the meeting to another time at the same place or at another place.

(2) Without limiting sub rule (l ), a meeting may be adjourned —

(a) if there is insufficient time to deal with the business at hand; or

(b) to give the members more time to consider an item of business.

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(3) No business may be conducted on the resumption of an adjourned meeting other than the business that remained unfinished when the meeting was adjourned.

(4) Notice of the adjournment of a meeting under this rule is not required unless the meeting is adjourned for 14 days or more, in which case notice of the meeting must be given in accordance with rule 52.

  1. Voting at General Meeting.

(l) On any question arising at a general meeting —

(a) subject to sub rule (6), each ordinary member has one vote unless the member may also vote on behalf of a body corporate under sub rule (2); and

(b) ordinary members may vote personally or by proxy.

(2) An ordinary member that is a body corporate may, in writing, appoint an individual, whether or not the individual is a member to vote on behalf of the body corporate on any question at a particular general meeting or ay any general meeting, as specified in the document by which the appointment is made.

(3) A copy of the document by which the appointment is made must be given to the secretary before any general meeting to which the appointment applies.

(4) The appointment has effect until —

(a) the end of the general meeting to which the appointment applies; or

(b) the appointment is revoked by the body corporate & written notice of the revocation is given to the secretary.

(5) Except in the case of a special resolution, a motion is carried if a majority of the ordinary members present at a general meeting vote in favour of the motion.

(6) If votes are divided equally on a question, the chairperson of the meeting has a second or casting vote.

(7) If the question is whether or not to confirm the minutes of a previous general meeting, only members who were present at that meeting may vote.

(8) For a person to be eligible to vote at a general meeting as an ordinary member, or on behalf of an ordinary member that is a body corporate under sub rule (2), the ordinary member –

(a) must have been an ordinary member at the time notice of the meeting was given under rule 52; and

(b) must have paid any fee or other money payable to the association by the member.

  1. When Special Resolutions Are Required.

(l) A special resolution is required if it proposed at a general meeting –

(a) to affiliate the association with another body; or

(b) to request the Commissioner to apply to the State Administrative Tribunal under section 109 of the Act for the appointment of a statutory manager.

(2) Sub rule (I) does not limit the matters in relation to which a special resolution may be proposed

  1. Determining Whether Resolution Carried.

(I) In this rule— poll means the process of voting in relation to a matter that is conducted in writing.

(2) Subject to sub rule (4), the chairperson of a general meeting may, on the basis of general agreement or disagreement or by show of hands, declare that a resolution has been —

(a) carried; or

(b) carried unanimously; or

(c) carried by a particular majority; or

(d) lost

 

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(3) If the resolution is a special resolution, the declaration under sub rule (2) must identify the resolution as a special resolution.

(4) If a poll is demanded on any question by the chairperson of the meeting or by at least 3 other ordinary members present in person or by proxy —

(a) the poll must be taken at the meeting in the manner determined by the chairperson;

(b) the chairperson must declare the determination of the resolution on the basis of the poll.

(5) If a poll is demanded on the election of the chairperson or on a question of an adjournment, the poll must be taken immediately.

(6) If a poll is demanded on any other question, the poll must be taken before the close of the meeting at a time determined by the chairperson.

(7) A declaration under sub rule (2) or (4) must be entered in the minutes of the meeting, & the entry is, without proof of the voting in relation to the resolution, evidence of how the resolution was determined.

  1. Minutes of General Meeting.

(1) The secretary, or a person authorised by the committee from time to time, must take & keep minutes of each general meeting.

(2) The minutes must record the business considered at the meeting, any resolution on which a vote is taken & the result of the vote.

(3) In addition, the minutes of each annual general meeting must record —

(a) the names of the ordinary members attending the meeting; and

(b) any proxy forms given to the chairperson of the meeting under rule 53(8); and

(c) the financial statements or financial report presented at the meeting, as referred to in rule 50 (3)(b)(ii) or (iii); and

(d) any report of the review or auditor’s report on the financial statements or financial report presented at the meeting, as referred to in rule 50 (3)(b)(iv).

(4) The minutes of a general meeting must be entered in the association’s minute book within 30 days after the meeting is held.

(5) The chairperson must ensure that the minutes of a general meeting are reviewed & signed as correct by –

(a) the chairperson of the meeting; or

(b) the chairperson of the next general meeting.

(6) When the minutes of a general meeting have been signed as correct they are, in the absence or evidence to the contrary, taken to be proof that –

(a) the meeting to which the minutes relate was duly convened & held; and

(b) the matters recorded as having taken place at the meeting took place as recorded; and

(c) any election or appointment purportedly made at the meeting was validly made.

PART 7 – FINANCIAL MATTERS

  1. Source of Funds.

The funds of the association may be derived from entrance fees, annual subscriptions, donations, Fund raising activities, grants, interest & any other sources approved by the committee.

  1. Control of Funds.

(I) association must open an account in the name of the association with a financial institution from which all expenditure of the association is made & into which all funds received by the association are deposited.

 

 

(2) Subject to any restrictions imposed at a general meeting, the committee may approve expenditure on behalf of the association.

(3) The committee may authorise the treasurer to expend funds on behalf of the association up to a specified limit without requiring approval from the committee for each item on which the funds are expended.

(4) All cheques, drafts, bills of exchange, promissory notes & other negotiable instruments of the association must be signed by —

(a) two committee members; or

(b) one committee member & a person authorised by the committee.

(5) All funds of the association must be deposited into the association’s account within 5 working days after their receipt.

  1. Financial Statements & Financial Reports

(I) For each financial year, the committee must ensure that the requirements imposed on the association under part 5 of the Act relating to the financial statements or financial report of the association is met.

(2) Without limiting sub rule (l), those requirements include —

(a) of the association is a tier I association, the preparation of the financial statements; &

(b) if the association is a tier 2 association or tier 3 association, the preparation of the financial report; and

(c) if required, the review or auditing of the financial statements or financial report, as applicable; and

(d) the presentation to the annual general meeting of the financial statements or financial report, as applicable; and

(e) if required, the presentation to the annual general meeting of the copy of the report of the review or the auditor’s report, as applicable, on the financial statements or financial report.

PART 8 – GENERAL MATTERS

  1. By Laws

(l) The association may, by resolution at a general meeting, make, amend or revoke by laws.

(2) By laws may —

(a) provide for the rights & obligations that apply to any classes of associate membership approved under rule 8(2); and

(b) impose restrictions on the committee’s powers, including the power to dispose of the association’s assets; and

(c) impose requirements relating to the financial reporting & financial accountability of the association & the auditing of the association’s accounts; and

(d) provide for any other matter the association considers necessary or convenient to be dealt with in the by laws.

(3) A by law is of no effect to the extent that it is inconsistent with the Act, the regulations or these rules.

(4) Without limiting sub rule (3), a by law made for the purposes of sub rule (2)(c) may only impose requirements on the association that are additional to, & do not restrict, a requirement imposed on the association under part 5 of the Act.

(5) At the request of a member, the association must make a copy of the by laws available for inspection by the member.

  1. Executing Documents & Common Seal

(1) The association may execute a document without using a common seal if the document is signed by –

(a) Two committee members; or

(b) One committee member & a person authorised by the committee.

(2) If the association has a common seal —

(a) the name of the association must appear in legible characters on the common seal; and

(b) a document may only be sealed with the common seal by the authority of the committee & in the presence of—

(i) two committee members; or

(ii) one committee member & a person authorised by the committee, and each of them is to sign the document to attest that the document was sealed in their presence.

(3) Ihe secretary must make a written record of each use of the common seal

(4) The common seal must be kept in the custody of the secretary or another committee member authorised by the committee.

  1. Giving Notices to Members.

(l) In this rule –

recorded means recorded in the register of members.

(2) A notice or other document that is to be given to a member under these rules is taken not to have been given to the member unless it is in writing & –

(a) delivered by hand to the recorded address of the member; or

(b) sent by pre paid post to the recorded postal address of the member; or

(c) sent by facsimile or electronic transmission to an appropriate recorded number or recorded electronic address of the member.

  1. Custody of Books & Securities.

(I) Subject to sub rule (2), the books & any securities of the association must be kept in the secretary’s custody or under the secretary’s control.

(2) The financial records &, as applicable, the financial statements or financial reports of the association must be kept in the treasurer’s custody or under the treasurer’s control.

(3) Sub rules (l) & (2) have effect except as otherwise decided by the committee.

(4) The books of the association must be retained for at least 7 years.

  1. Record of Office Holders.

The record of committee members & other persons authorised to act on behalf of the association That is required to be maintained under section 58 (2) of the Act must be kept in the secretary’s custody or under the secretary’s control.

  1. Inspection of Records & Documents.

(l) Sub rule (2) applies to a member who wants to inspect —

(a) the register of members under section 54 (I) of the Act; or

(b) the record of the names & addresses of committee members, & other persons authorised to act on behalf of the association, under section 58 (3) of the Act; or

(c) any other record or document of the association.

(2) The member must contact the secretary to make the necessary arrangements for the inspection.

(3) The inspection must be free of charge.

(4) If the members wants to inspect a document that records the minutes of a committee meeting, the right to inspect that document is subject to any decision the committee has made about minutes of committee meetings generally, or the minutes of a specific committee meeting, being available for inspection by members.

(5) The member may make a copy of or take an extract from a record or document referred to in sub rule (I but does not have a right to remove the record or document for that purpose.

(6) ne member must not use or disclose information in a record or document referred to in sub rule (I )(c) except for a purpose —

(a) that is directly connected with the affairs of the association; or

(b) that is related to complying with a requirement of the Act.

  1. Publication by Committee Members of Statements About Association Business Prohibited

A committee member must not publish, or cause to be published, any statement about the business Conducted by the association at a general meeting or a committee meeting unless –

(a) the committee member has been authorised to do so at a committee meeting; and

(b) the authority given to the committee member has been recorded in the minutes of the committee meeting at which it was given.

  1. Distribution of Surplus Property on Cancellation of Incorporation or Winding Up.

(I) In this rule –

Surplus property, in relation to the association, means property remaining after satisfaction of –

(a) the debts & liabilities of the association; and

(b) the costs, charges & expenses of winding up or cancelling the incorporation of the association, but does not include books relating to the management of the association.

(2) On the cancellation of the incorporation or the winding up of the association, its surplus property must be distributed as determined by special resolution by reference to the persons mentioned in section 24 (I) of the Act.

  1. Alteration of Rules.

If the association wants to alter or rescind any of these rules, or make additional rules, the association may do so only by special resolution & by otherwise complying with part 3 division 2 of the Act.

 

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