rules of association


Rules of the Shorncliffe Pottery Club Incorporated (SPC Inc)

WORDS AND EXPRESSIONS TO HAVE MEANING IN THE ACT

  1. A word or expression that is not defined in these rules, but is defined in the Associations Incorporation Act 1981 has, if the context permits, the meaning given by the Act.

    NAME

  2. The name of the incorporated Association is the Shorncliffe Pottery Club Inc (‘the Association’).

    OBJECTIVES

  3. (1) The objectives of the Association are to:

    1. build and enhance general health and mental wellbeing through creative endeavours in an inclusive environment.

    2. enhance and support creative endeavours in an inclusive environment by:

      1. providing artistic recreational pursuits to club members and community members from all skill levels including but not limited to aged, disadvantaged and disability groups.

      2. developing and enhancing general wellbeing through creative arts including but not limited to pottery/ceramics, printmaking, drawing, painting and sculpture.

      3. providing low cost, not for profit immersion in arts activities.

      4. fostering and promoting arts to the community.

        1. A short description of what ceramic arts is:

          1. ceramics and pottery are synonymous terms derived from the Greek keramikos meaning pottery (See: https://www.definitions.net/definition/Ceramic+art)

          2. ceramic art is art made from ceramic materials, including clay. It may take forms including artistic pottery, including tableware, tiles, figurines and other sculpture. As one of the plastic arts, ceramic art is one of the visual arts. (See: https://en.wikipedia.org/wiki/Ceramic_art)

        POWERS

  4. (1) The Association has the powers of an individual.

    1. The Association may, for example -

      1. enter into contracts; and

      2. acquire, hold, deal with and dispose of property; and

      3. make charges for services and facilities it supplies; and

      4. do other things necessary or convenient to be done in carrying out its affairs.

    2. The Association may take over the funds and other assets and liabilities of the present unincorporated Association known as the Shorncliffe Pottery Club.

    MEMBERSHIP

  5. (1) The membership of the Association consists of Ordinary members, and any of the following classes of members:

    1. Patron: upon the recommendation of the Management Committee, a General Meeting may appoint a Patron.

    2. Life: The Association may from time to time, at any General Meeting, confer Life Membership on a person who has performed outstanding voluntary service for the Association over a long period of time:

      1. Life membership may be for a set period of time or life. Such membership shall be subject to all the provision of these Rules.

      2. Life Membership is available to Ordinary members only and nominations for Life Membership must be approved by the Management Committee.

    3. Concessional/Student: any member who holds a recognised concessional or student card.

    4. Junior: any member who is a minimum of 12 years old and under 18 years old at the time of joining. Junior members must be supervised by a guardian while at the Club’s shed. The supervisor must be a member of the club, unless they hold a companion card. Junior members do not have voting rights.

    5. Hardship: is available by application to and approval of the Management Committee.

    1. All new members must serve a 12-month probation before becoming an Ordinary member, or other class of member with voting rights. Probationary members do not have voting rights.

    2. The number of members is set by the Management Committee.

    3. Any member is a voting member unless otherwise stated in subsection 5(1) and 5(2).

    4. Only members with voting rights are entitled to vote at Association meetings.

  6. (1) A person who, on the day the Association is incorporated, was a member of the unincorporated Association and who, on or before a day fixed by the Management Committee, agrees in writing to become a member of the incorporated Association, must be admitted by the Management Committee to be a member of the incorporated Association according to rule 5.

    (2) A member of the incorporated Association who, before becoming a member, has paid the member's annual subscription for membership of the unincorporated Association on or before a day fixed by the Management Committee, is not liable to pay a further amount of annual subscription for the period before the day fixed by the Management Committee as the day on which the next annual subscription is payable.

  7. An application for membership must be -

    1. in writing; and

    2. signed by the applicant; and

    3. in the form decided by the Management Committee.

      MEMBERSHIP FEES

  8. (1) The membership fee -

    1. is the amount decided by the members from time to time at a general meeting; and

    2. is paid by direct deposit to the Association’s bank account or by other methods the Management Committee decides.

      (2) A member who pays the prescribed membership shall be entitled to the use of the Association’s facilities for an admission fee set by the Association’s Management Committee, and discounted rates of entry to Association activities, as determined by the Association’s Management Committee.

      ADMISSION AND REJECTION OF MEMBERSHIP

  9. (1) The Management Committee must consider an application for membership at the next meeting of the committee held after it receives -

    1. the application; and

    2. receipt of payment of the membership fee for the application.

      1. The Management Committee must ensure that, as soon as possible after the person applies to become a member of the Association, and before the Management Committee considers the persons application, the person is advised—

        1. whether or not the Association has public liability insurance; and

        2. if the Association has public liability insurance—the amount of the insurance.

      2. The Management Committee must decide at the meeting whether to accept or reject the application.

      3. If a majority of the Management Committee members present at the meeting vote to accept the applicant as a member, the applicant must be accepted.

      4. The secretary of the Association must, as soon as practicable after the Management Committee decides to accept or reject an application, give the applicant a written notice of the decision.

      WHEN MEMBERSHIP ENDS

  10. (1) A member may resign from the Association by giving a written notice of resignation to the Secretary.

    1. Where a member has resigned their membership, the resignation takes effect on -

      1. the day and at the time the notice is received by the secretary; or

      2. if a later day is stated in the notice - the later day.

    2. The Management Committee may terminate the membership of a member if that person -

      1. is convicted of an indictable offence; or

      2. does not comply with any of the provisions of these rules; or

      3. has membership fees in arrears for at least 2 months; or

      4. conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the Association.

    3. Before the Management Committee terminates a person’s membership, the committee must give the person a full and fair opportunity to show why the membership should not be terminated.

    4. If, after considering all representations made by the person, the Management Committee decides to terminate the membership, the secretary of the committee must give the person a written notice of the decision.

    APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP

  11. (1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the person's intention to appeal against the decision.

    1. A notice of intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision.

    2. If the secretary receives a notice of intention to appeal, the secretary must, within 1 month after the day of receipt, call a general meeting to decide the appeal.

  12. (1) The Management Committee to decide an appeal must be held within 3 months after the secretary receives the notice of intention to appeal.

    1. At the appeal meeting of the Management Committee and the applicant, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated.

    2. Also, the Management Committee who rejected the application or terminated the membership must be given a full and fair opportunity to show why the application should be rejected or the membership should be terminated.

    3. An appeal must be decided by a majority vote of the Management Committee present.

    4. If a person whose application for membership has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the membership fee paid by the person.

    REGISTER OF MEMBERS

  13. (1) The Management Committee must keep a register of members.

    1. The register of members must include the following particulars for each member -

      1. the full name, month and year of birth, and suburb of the member;

      2. the date of admission as a member;

      3. the date of death or resignation of the member;

      4. details about the termination or reinstatement of membership;

      5. any other particulars the Management Committee or the members at a general meeting decide.

    2. The register must be open for inspection at all reasonable times.

    3. However, before a member may inspect the register, the member must apply to the Secretary to inspect it.

  14. (1) A member of the Association must not—

    1. use information obtained from the register of members of the Association to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes; or

    2. disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes.

      (2) Subrule (1) does not apply if the use or disclosure of the information is approved by the Association, or Association members consent to their contact information being listed in a member’s only contact list.

      SECRETARY

  15. (1) The secretary shall serve as a member of the Management Committee. The Management Committee may appoint and remove the Association’s secretary at any time.

    1. If a vacancy happens in the office of secretary, the members of the Management Committee must ensure a secretary is appointed or elected for the Association within 1 month after the vacancy happens.

    2. The secretary must be an individual residing in Queensland, or in another State but not more than 65 km from the Queensland border, who is -

      1. a member of the Association elected by the Association as secretary; or

      2. any of the following persons appointed by the Management Committee -

        1. a member of the Association's Management Committee;

        2. a member of the Association;

        3. another person.

  16. The Secretary’s functions include, but are not limited to:

    1. Calling meetings of the Association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the President of the Association;

    2. Keeping Minutes of each meeting;

    3. Keeping copies of all correspondence and other documents relating to the Association;

    4. Maintaining the Register of Members of the Association; and

    5. Lodging the Association’s annual return to the Office of Fair Trading.

      MEMBERSHIP OF MANAGEMENT COMMITTEE

  17. (1) The Management Committee of the Association consists of a President, Vice-President, Treasurer, Secretary and up to four other members the Association members elect or appoint at a general meeting. The role of each committee member includes:

    1. President: The President makes sure the Management Committee provides leadership for the organisation. Duties include chairing meetings, signing official documents and can act as a spokesperson for the organisation. The President plays a major role in the Club’s meetings to keep orderly conduct ensuring that all members are able to have a say in the Club’s activities and direction. The President as chair of the meetings must remain impartial. Where necessary summarise the thoughts of the meeting and assist to form a motion leading to a resolution. The President as chair only has a casting vote if decisions are unresolved, and any other responsibilities as listed in these Rules.

    2. Vice-president: Duties are to assist and support the other management committee members to be able to fulfil any of these roles at short notice. The Vice President assists the President and Secretary at committee meetings checking that all agenda items are addressed and issues resolved. The Vice President can chair and be involved in other sub committees and working parties of the club as well as outside committees which may have an impact on the club. The Vice President as chair of sub-committees can write submissions and look for opportunities to further benefit the club, and any other responsibilities as listed in these Rules.

    3. Treasurer: The Treasurer manages the financial affairs of the club. Duties include keeping and maintaining an asset register, managing petty cash, keeping petty cash books up to date, documenting all payments, receipts, invoices and statements, maintaining all deposit and cheque books, making sure the committee approves or ratifies all payments, records details of these payments in the minutes. The Treasurer keeps track of payments with consecutively numbered receipts books and or keeps a computer system that keeps track of financial records, and any other responsibilities as listed in these Rules.

    4. Secretary: The Secretary has many tasks and is the committee organiser and record keeper. Duties include keeping a register of members, sending and receiving letters, emails or other documents, advising the President or Treasurer about urgent matters arising from the correspondence, taking committee nominations, notifying members about meetings, calling and convening all meetings, preparing the agenda, gathering and preparing any relevant documents of meetings, taking and keeping of minutes of meetings, making minutes available to the members, lodging reports with the Office of Fair Trading, , and any other responsibilities as listed in these Rules.

      1. Only a voting member of the Association may serve on the Management Committee.

      2. At each annual general meeting of the Association, the members of the Management Committee must retire from office, but are eligible, on nomination, for re-election.

      3. No elected Management Committee Bearer (i.e. President, Vice President, Treasurer and Secretary) shall hold that office for more than five (5) consecutive years, unless there is no objection from any member for them to continue. On the expiration of this term he/she shall be eligible for election to any other position on the Management Committee to ensure continuity of knowledge for the Association.

      4. A member of the Association may be appointed to a casual vacancy on the Management Committee under rule 20.

      ELECTING THE MANAGEMENT COMMITTEE

  18. (1) A member of the Management Committee may only be elected as follows—

    1. any 2 members of the Association may nominate another member (the candidate) to serve as a member of the Management Committee;

    2. the nomination must be—

      1. in writing; and

      2. signed by the candidate and the members who nominated him or her; and

      3. given to the secretary at least 14 days before the annual general meeting at which the election is to be held;

    3. each member of the Association present and eligible to vote at the annual general meeting may vote for 1 candidate for each vacant position on the Management Committee;

    4. if, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.

      1. A person may be a candidate only if the person—

        1. is an adult and is a voting member; and

        2. is not ineligible to be elected as a member under section 61A of the Act.

      2. A list of the candidates names in alphabetical order, with the names of the members who nominated each candidate, must be posted in a conspicuous place in the office or usual place of meeting of the Association for at least 7 days immediately preceding the annual general meeting.

      3. If required by the Management Committee, balloting lists must be prepared containing the names of the candidates in alphabetical order.

      4. The Management Committee must ensure that, before a candidate is elected as a member of the Management Committee, the candidate is advised—

        1. whether or not the Association has public liability insurance; and

        2. if the Association has public liability insurance—the amount of the insurance.

      RESIGNATION OR REMOVAL FROM OFFICE OF MANAGEMENT COMMITTEE MEMBER

  19. (1) A Management Committee member may resign from the committee by giving written notice of resignation to the secretary.

    1. The resignation takes effect on –

      1. the day and at the time the notice is received by the secretary; or

      2. if a later day is stated in the notice - the later day.

    2. A member may be removed from office at a general meeting of the Association if a majority of the members present at the meeting vote in favour of removing the member.

    3. Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.

    4. A member has no right of appeal against the member's removal from office under this section.

    5. A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act.

    VACANCIES ON MANAGEMENT COMMITTEE

  20. (1) If a casual vacancy happens on the Management Committee, the continuing members of the committee may appoint another member of the Association to fill the vacancy until the next annual general meeting.

    1. The continuing members of the Management Committee may act despite a casual vacancy on the Management Committee.

    2. However, if the number of committee members is less than the number fixed under these rules as a quorum of the Management Committee,1 the continuing members may act only to -

      1. increase the number of Management Committee members to the number required for a quorum; or

      2. call a general meeting of the Association.

    FUNCTIONS OF MANAGEMENT COMMITTEE

  21. (1) Subject to these rules or a resolution of the Association members carried at a general meeting, the Management Committee -

    1. has the general control and management of the administration of the affairs, property and funds of the Association; and

    2. has authority to interpret the meaning of these rules and any matter relating to the Association on which the rules are silent.

      1. The Management Committee may exercise the powers of the Association:

        1. To borrow, raise or secure the payment of amounts in a way the members of the Association decide;

        2. To secure the amounts mentioned in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Association in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the Associations property, both present and future;

        3. To purchase, redeem or pay off any securities issued;

        4. To borrow amounts from members and pay interest on the amounts borrowed;

        5. To mortgage or charge the whole or part of its property;

        6. To issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the Association;

        7. To provide and pay off any securities issued; and

        8. To invest in a way the members of the Association may from time to time decide.

          2. For the number of members to form a quorum, see section 21 (Meetings of Management Committee).

      2. For subrule (2)(d), the rate of interest must not be more than the current rate being charged for overdrawn accounts on money lent (regardless of the term of the loan) by:

        1. The financial institution for the Association; or

        2. If there is more than one financial institution for the Association, the financial institution nominated by the Management Committee.

      MEETINGS OF MANAGEMENT COMMITTEE

  22. (1) Subject to subsections (2) to (17), the Management Committee may meet and conduct its proceedings as it considers appropriate.

    1. The Management Committee must meet at least once every 4 months to exercise its functions.

    2. The Management Committee must decide how a meeting is to be called.

    3. Notice of a meeting is to be given in the way decided by the Management Committee.

    4. If the secretary receives a written request signed by greater than 2 of the Management Committee members, the secretary must call a special meeting of the committee.

    5. A request for a special meeting must state -

      1. why the special meeting is being called in the form of a motion to be proposed; and

      2. the business to be conducted at the meeting or the proposed motion.

    6. At a Management Committee meeting, more than 50% of the members elected or appointed to the committee as at the close of the last general meeting of the members form a quorum.

    7. A question arising at a committee meeting is to be decided by a majority vote of committee members present at the meeting and, if the votes are equal, the question is decided in the negative.

    8. A Management Committee member must not vote on a question about a contract or proposed contract with the Association if the member has an interest in the contract or proposed contract, and if the member does vote the member's vote must not be counted.

    9. The secretary must give each Management Committee member at least 14 days notice of a special meeting of the committee.

    10. A notice of a special meeting must state -

      1. the day, time and place of the meeting; and

      2. the business to be conducted at the meeting.

    11. The President or, if there is no president or if the president is not present within 10 minutes after the time fixed for a Management Committee meeting, the vice-president is to preside as chairperson at the meeting.

    12. If the president and the vice-president are absent from a Management Committee meeting, the members may choose 1 of their number to preside as chairperson at the meeting.

    13. If the secretary is absent from a Management Committee meeting, the members may choose 1 of their number to act as secretary at the meeting.

    14. If a quorum is not present within 30 minutes after the time fixed for a Management Committee meeting called on the request of committee members, the meeting lapses.

    15. If a quorum is not present within 30 minutes after the time fixed for a Management Committee meeting called other than on the request of committee members, the meeting is to be adjourned to -

      1. the same day, time and place in the next week; or

      2. a day, time and place decided by the committee.

    16. If, at the adjourned meeting mentioned in subsection (16), a quorum is not present within 30 minutes after the time fixed for the meeting, the meeting lapses.

    DELEGATION OF MANAGEMENT COMMITTEE POWERS

  23. (1) The Management Committee may delegate the whole or part of its powers to a subcommittee consisting of Association members considered appropriate by the committee.

    1. A subcommittee may only exercise delegated powers in the way the Management Committee decides.

    2. A subcommittee may elect a chairperson of its meetings.

    3. If a chairperson is not elected, or if the chairperson is not present within 10 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting.

    4. A subcommittee may meet and adjourn as it considers appropriate.

    5. A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative.

    ACTS NOT AFFECTED BY DEFECTS OR DISQUALIFICATIONS

  24. (1) An act performed by the Management Committee, a subcommittee or a person acting as a member of the Management Committee is taken to have been validly performed.

    1. Subsection (1) applies even if the act was performed when -

      1. there was a defect in the appointment of a member of the Management Committee, subcommittee or person acting as a member of the Management Committee; or

      2. a Management Committee member, subcommittee member or person acting as a member of the Management Committee was disqualified from being a member.

    RESOLUTIONS OF MANAGEMENT COMMITTEE WITHOUT MEETING

  25. (1) A written resolution signed by each member of the Management Committee for the time being entitled to receive notice of a committee meeting is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.

    (2) A resolution mentioned in subsection (1) may consist of several documents in like form, each signed by 1 or more members of the committee.

    ANNUAL GENERAL MEETINGS

  26. Each subsequent annual general meeting must be held -

    1. at least once each year; and

    2. within 6 months after the end of the Association's previous financial year.

      BUSINESS TO BE CONDUCTED AT ANNUAL GENERAL MEETING

  27. The following business must be conducted at each annual general meeting -

    1. receiving the Association’s financial statement and the auditor’s report affecting the Association for the last financial year;2

    2. presenting the financial statement and audit report to the meeting for adoption;

      2 This statement is required to be prepared under the Associations Incorporation Act 1981, section 59 (Audit and statement).

    3. electing members of the Management Committee;

    4. appointing an auditor for the present financial year;

    5. review of membership fees; and

    6. other business as listed on the Notice of Meeting.

      SPECIAL GENERAL MEETING

  28. (1) The secretary may only call a special general meeting by giving each member notice of the meeting within 14 days after -

    1. being directed to call the meeting by the Management Committee; or

    2. being given a written request signed by -

      1. greater than 2 members of the Association presently on the Management Committee; or

      2. at least the number of ordinary members of the Association equal to double the number of members of the Association presently on the Management Committee plus 1; or

    3. being given a written notice of an intention to appeal against the decision of the Management Committee -

      1. to reject an application for membership; or

      2. to terminate a person’s membership.

        1. A request mentioned in subsection (1)(b) must state -

          1. why the special general meeting is being called – the proposed motion or resolution; and

          2. the business to be conducted at the meeting.

        NOTICE OF GENERAL MEETING

  29. (1) The secretary may call a general meeting of the Association.

    1. The secretary must give at least 14 days notice of the meeting to each Association member.

    2. If the secretary is unable or unwilling to call the meeting, the President must call the meeting.

    3. The Management Committee may decide the way in which the notice must be given.

    4. However, notice of the following meetings must be given in writing -

      1. a meeting called to hear and decide the appeal of a member against the rejection or termination of the member’s membership by the Management Committee; or

      2. a meeting called to hear and decide a proposed special resolution of the Association.

    5. A notice of a general meeting must state the business to be conducted at the meeting.

    QUORUM FOR, AND ADJOURNMENT OF, GENERAL MEETING

  30. (1) Subject to subsection (5), at a general meeting the number of members equal to double the number of members of the Association presently on the Management Committee plus 1 form a quorum.

    1. No business may be conducted at a general meeting unless a quorum of members is present when the meeting proceeds to business.

    2. If a quorum is not present within 30 minutes after the time fixed for a general meeting called on the request of members of the Management Committee or the Association, the meeting lapses.

    3. If a quorum is not present within 30 minutes after the time fixed for a general meeting called other than on the request of members of the Management Committee or the Association, the meeting is to be adjourned to-

      1. the same day, time and place in the next week; or

      2. a day, time and place decided by the Management Committee.

    4. If at an adjourned meeting, a quorum under subsection (1) is not present within 30 minutes after the time fixed for the meeting, the members present form a quorum.

    5. The chairperson may, with the consent of any meeting at which a quorum is present, and must if directed by the meeting, adjourn the meeting from time to time and from place to place.

    6. If a meeting is adjourned under subsection (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting.

    7. The secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.

    8. If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.

    PROCEDURE AT GENERAL MEETING

  31. (1) Subject to these rules, at each general meeting -

    1. the president or, if there is no president or if the president is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the vice-president is to preside as chairperson; and

    2. if the vice-president is absent or unwilling to act as chairperson, the members present must elect 1 of their number to be chairperson of the meeting; and

    3. the chairperson must conduct the meeting in a proper and orderly way; and

    4. each question, matter or resolution must be decided by a majority of votes of the members present; and

    5. each member present and entitled to vote is entitled to 1 vote only and, if the votes are equal, the President, as chairperson, has a casting vote; and

    6. a member is not entitled to vote at a general meeting if the member's annual subscription is in arrears at the date of the meeting; and

    7. voting may be by a show of hands or a division of members, unless at least 20% of the members present demand a secret ballot; and

    8. if a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot in the way the chairperson decides; and

    9. the result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held; and

    10. proxy voting is excluded from these rules, and members may not vote in this way; and

    11. the secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each Management Committee meeting and general meeting are entered in a minute book; and

    12. the secretary must ensure the minute book for each general meeting is open for inspection at all reasonable times by any financial member who previously applies to the secretary for the inspection.

      1. To ensure the accuracy of the minutes recorded under subsection (1)(k) -

        1. the minutes of each Management Committee meeting must be signed by the chairperson of the meeting, or the chairperson of the next Management Committee meeting, verifying their accuracy; and

        2. the minutes of each general meeting must be signed by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and

        3. the minutes of each annual general meeting must be signed by the chairperson of the meeting, or the chairperson of the next meeting of the Association that is a general meeting or annual general meeting, verifying their accuracy.

      BY LAWS

  32. (1) The Management Committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the Association.

    (2) A by-law may be set aside by a vote of members at a General Meeting of the Association.

    ALTERATION OF RULES

  33. (1) Subject to the Associations Incorporation Act 1981, these rules may be amended, repealed or added to by a special resolution carried at a general meeting.

    (2) However an amendment, repeal or addition is valid only if it is registered by the chief executive.

    COMMON SEAL

  34. (1) The Management Committee must ensure the Association has a common seal.

    1. The common seal must be -

      1. kept securely by the Management Committee; and

      2. used only under the authority of the Management Committee.

    2. Each instrument to which the seal is attached must be signed by a member of the Management Committee and countersigned by -

      1. the secretary; or

      2. another member of the Management Committee; or

      3. someone appointed by the Management Committee.

    FUNDS AND ACCOUNTS

  35. (1) The funds of the Association must be kept in an account in the name of the Association in a financial institution decided by the Management Committee.

    1. Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the Association.

    2. All amounts must be deposited in the financial institution account as soon as practicable after receipt.

    3. A payment by the Association of $100 or more must be made by electronic funds transfer or debit card.

    4. Payments by electronic funds transfer must be authorised by any 2 members of the Management Committee who have access to the Associations bank account.

    5. Any payment made by electronic funds transfer must be approved by any 2 of the following –

      1. the president;

      2. the vice-president;

      3. the secretary;

      4. the treasurer;

      5. another member authorised by the Management Committee for the purpose.

    6. Cheques drawn in the Association’s name must be crossed `not negotiable’.

    7. If a payment of $100 or more is made by cheque, the cheque must be signed by any 2 of the following-

      1. the president;

      2. the vice-president;

      3. the secretary;

      4. the treasurer;

      5. another member authorised by the Management Committee for the purpose.

    8. All expenditure must be approved or ratified at a Management Committee meeting.

    9. The Treasurer must, as soon as practicable after the end of each financial year, ensure a statement containing the following particulars is prepared -

      1. the income and expenditure for the financial year just ended; and

      2. the Association’s assets and liabilities at the close of the year.

    10. The auditor must examine the statement prepared under subsection (9) and present a report about it to the secretary before the next annual general meeting following the financial year for which the audit was made.

    11. The income and property of the Association must be used solely in promoting the Association's objects and exercising the Association's powers.

    DOCUMENTS

  36. The Management Committee must ensure the safe custody of books, documents, registers, instruments of title and securities of the Association.

    FINANCIAL YEAR

  37. The financial year of the Association closes on 31 December in each year.

    DISTRIBUTION OF SURPLUS ASSETS TO ANOTHER ENTITY

  38. (1) This section applies if the Association -

    1. is wound-up under part 10 of the Act;3 and

    2. it has surplus assets.

  1. The surplus assets must not be distributed among the Association members.

  2. The surplus assets must be given to another entity -

    1. having objects similar to the Association's objects; and

    2. the rules of which prohibit the distribution of the entity's income and assets to its members.

  3. In this section - "surplus assets" has the meaning given by section 92(3)4 of the Act.

3 Part 10 (Winding-up) of the Act.

4 Section 92 (Distribution of surplus assets) of the Act.