[r. 4]
Note for these rules:
If an association or
incorporated association approves the adoption of these model rules as its own
rules, section 7(4) or 29(5) of the Act, as appropriate, requires the
association or incorporated association to notify the Commissioner of the
following information —
(a) the
name of the association;
(b) the
objects or purposes of the association;
(c) the
quorum for a general meeting of members of the association;
(d) the
quorum for a meeting of the management committee of the association;
(e) if
relevant, the period of the first financial year of the association.
In these rules, unless
the contrary intention appears —
Act means the Associations 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 and vouchers; and
(b)
documents of prime entry; and
(c)
working papers and other documents needed to explain —
(i)
the methods by which financial statements are prepared;
and
(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
and to attend;
member means a person (including a body corporate)
who is an ordinary member or an associate member of the Association;
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 means these rules of the Association, as in
force for the time being;
secretary means the committee member holding
office 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;
subcommittee means a subcommittee appointed by the
committee under rule 48(1)(a);
tier 1 association means an incorporated
association to which section 64(1) of the Act applies;
tier 2 association means an incorporated
association to which section 64(2) of the Act applies;
tier 3 association means an incorporated
association to which section 64(3) of the Act applies;
treasurer means the committee member holding
office as the treasurer of the Association.
(1) 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) The property and
income of the Association must be applied solely towards the promotion of the
objects or purposes of the Association and 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 subrule (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 of Australia; or
(c) the
payment of reasonable rent to the member for premises leased by the member to
the Association; or
(d) the
reimbursement of reasonable expenses properly incurred by the member on behalf
of the Association.
Note for this rule:
Section 5(1) of the
Act provides that an association is not eligible to be incorporated under the
Act if it is formed or carried on for the purpose of securing pecuniary profit
for its members from its transactions, and section 5(3) of the Act
provides details about when an association is not ineligible under
section 5(1) of the Act.
4 . Eligibility for membership
(1) Any person 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 15 years is not eligible to apply for a class of
membership that confers full voting rights.
(1) 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 and 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.
6 . Dealing with membership applications
(1) The committee must
consider each application for membership of the Association and decide whether
to accept or reject the application.
(2) Subject to subrule
(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 an 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
its reasons for doing so.
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) The Association
consists of ordinary members and any associate members provided for under
subrule (2).
(2) The Association
may have any class of associate membership approved by resolution at a general
meeting, including junior membership, senior membership, honorary membership
and life membership.
(3) An individual who
has not reached the age of 15 years is only eligible to be an associate
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 and any other rights conferred on members by these
rules or approved by resolution at a general meeting or determined by the
committee.
(6) An associate
member has the rights referred to in subrule (5) other than full voting
rights.
(7) The number of
members of any class is not limited unless otherwise approved by resolution at
a general meeting.
(1) 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 that 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) The 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) 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 owed amount
may be recovered by the Association in a court of competent jurisdiction as a
debt due to the Association.
The rights of a member
are not transferable and end when membership ceases.
(1) The committee must
determine the entrance fee (if any) and the annual membership fee (if any) to
be paid for membership of the Association.
(2) The fees
determined under subrule (1) 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 3 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 subrule (4) offers to pay the annual
membership fee after the period referred to in that subrule has
expired —
(a) the
committee may, at its discretion, accept that payment; and
(b) if
the payment is accepted, the person’s membership is reinstated from the
date the payment is accepted.
Division 3 — Register of members
(1) The 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 and 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 each member belongs
and 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) a
member makes a written request under section 56(1) 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 and declaring that the purpose is
connected with the affairs of the Association.
Part 4 — Disciplinary action, disputes and mediation
In this
Part —
member , in relation to a member who is expelled
from the Association, includes former member.
Division 2 — Disciplinary action
(1) 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
and 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 and
will be given a reasonable opportunity to make written or oral (or both
written and 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 (or both written and 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
and, if the decision is to suspend the 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, and the
reasons 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 subrule
(6), give written notice to the secretary requesting the appointment of a
mediator under rule 23.
(8) If notice is given
under subrule (7), the member who gives the notice and the committee are the
parties to the mediation.
16 . Consequences of suspension
(1) 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 the suspension.
(3) When the period of
the suspension ends, the secretary must record in the register of members that
the member’s membership is no longer suspended.
Division 3 — Resolving disputes
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.
The grievance
procedure applies to disputes —
(a)
between members; or
(b)
between one or more members and the Association.
19 . Parties to attempt to resolve 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.
20 . How grievance procedure is started
(1) 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
procedure 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 and 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 and determined at least 7 days before
the meeting is held.
(4) The notice given
to each party to the dispute must state —
(a) when
and where the committee meeting is to be held; and
(b) that
the party, or the party’s representative, may attend the meeting and
will be given a reasonable opportunity to make written or oral (or both
written and oral) submissions to the committee about the dispute.
(5) If —
(a) the
dispute is between one or more members and 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.
21 . Determination of dispute by committee
(1) At the committee
meeting at which a dispute is to be considered and determined, the committee
must —
(a) give
each party to the dispute, or the party’s representative, a reasonable
opportunity to make written or oral (or both written and oral) submissions to
the committee about the dispute; and
(b) give
due consideration to any submissions so made; and
(c)
determine the dispute.
(2) The committee must
give each party to the dispute written notice of the committee’s
determination, and 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 subrule (1)(c), give written notice to the secretary
requesting the appointment of a mediator under rule 23.
(4) If notice is given
under subrule (3), each party to the dispute is a party to the mediation.
(1) 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) 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 and 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
the dispute.
(2) If there is no
agreement for the purposes of subrule (1)(a) or (b), then, subject to subrules
(3) and (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) and the dispute is between one or more
members and 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 the subject of the mediation; or
(b) be
biased in favour of or against any party to the mediation.
(1) 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 before the mediation takes
place.
(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 the subject of the mediation.
(5) The mediation must
be confidential, and 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.
(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.
Note for this rule:
Section 182(1) of the
Act provides that an application may be made to the State Administrative
Tribunal to have a dispute determined if the dispute has not been resolved
under the procedure provided for in the incorporated association’s
rules.
25 . If mediation results in 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 of suspension or expulsion.
Division 1 — Powers of committee
(1) The committee
members are the persons who, as the management committee of the Association,
have the power to manage the affairs of the Association.
(2) Subject to the
Act, these rules, the by-laws (if any) and 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 and the by-laws (if any).
Division 2 — Composition of committee and duties of members
(1) The committee
members consist of —
(a) the
office holders of the Association; and
(b) at
least one ordinary committee member.
(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.
(5) A person must not
hold 2 or more of the offices mentioned in subrule (3) at the same time.
(1) It is the duty of
the chairperson to consult with the secretary regarding the business to be
conducted at each committee meeting and general meeting.
(2) The chairperson
has the powers and duties relating to convening and presiding at committee
meetings and presiding at general meetings provided for in these rules.
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 and general meeting;
(c)
preparing the notices required for meetings and 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, and recording in the
register any changes in the 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 and 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 and financial reports, as applicable
to the Association;
(h)
maintaining full and accurate minutes of committee meetings and general
meetings;
(i)
carrying out any other duty given to the secretary under
these rules or by the committee.
The treasurer has the
following duties —
(a)
ensuring that any amounts payable to the Association are collected and 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 of Part
5 of the Act;
(e)
ensuring the safe custody of the Association’s financial records,
financial statements and financial reports, as applicable to the Association;
(f) if
the Association is a tier 1 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 and tenure of
office
31 . 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.
32 . Nomination of committee members
(1) At least 42 days
before an annual general meeting, the secretary must send written notice 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 subrule (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 28 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 one specified position of 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).
33 . Election of office holders
(1) 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
member 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 in accordance with that nomination.
(7) On the
member’s election, the new chairperson of the Association may take over
as the chairperson of the meeting.
34 . Election of ordinary committee members
(1) 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 subrule (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 committee member.
(4) A member who has
nominated for the position of ordinary committee member may vote in accordance
with that nomination.
(1) The term of office
of a committee member begins when the member —
(a) is
elected at an annual general meeting or under 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.
36 . Resignation and removal from office
(1) 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 subrule (3)(a) may make
written representations (of a reasonable length) to the secretary or
chairperson and 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.
37 . 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; or
(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 will be
unable to attend.
Note for this rule:
. Section 41 of the
Act imposes requirements, arising when a person ceases to be a member of the
management committee of an incorporated association, that relate to returning
documents and records.
(1) The committee may
appoint a member who is eligible under rule 27(4) to fill a position on
the committee that —
(a) has
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 for 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.
The acts of a
committee or subcommittee, or of a committee member or member of a
subcommittee, are valid despite any defect that may afterwards be discovered
in the election, appointment or qualification of a committee member or member
of a subcommittee.
40 . Payments to committee members
(1) In this
rule —
committee member includes a member of a
subcommittee;
committee meeting includes a meeting of a
subcommittee.
(2) A committee member
is entitled to be paid out of the funds of the Association for any
out-of-pocket expenses for travel and accommodation properly
incurred —
(a) in
attending a committee meeting; or
(b) in
attending a general meeting; or
(c)
otherwise in connection with the Association’s business.
Division 4 — Committee meetings
(1) The committee must
meet at least 3 times in each year on the dates, and at the times and places,
determined by the committee.
(2) The date, time and
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 2 committee members.
42 . Notice of committee meetings
(1) Notice of each
committee meeting must be given to each committee member at least 48 hours
before the time of the meeting.
(2) The notice must
state the date, time and place of the meeting and must describe the general
nature of the business to be conducted at the meeting.
(3) Unless subrule (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.
43 . Procedure and order of business
(1) The chairperson
or, in the chairperson’s absence, the deputy chairperson must preside as
chairperson of each committee meeting.
(2) If the chairperson
and deputy chairperson are absent or are unwilling to act as chairperson of a
meeting, the committee members at the meeting must choose one of them 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 meeting.
(5) A member or 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 subrule (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 invited by the
committee to do so; and
(c)
cannot vote on any matter that is to be decided at the meeting.
44 . Use of technology to be present at committee
meetings
(1) The presence of a
committee member at a committee meeting need not be by attendance in person
but may be by that committee member and each other committee member at the
meeting being simultaneously in contact by telephone or other means of
instantaneous communication.
(2) A member who
participates in a committee meeting as allowed under subrule (1) is taken to
be present at the meeting and, if the member votes at the meeting, the member
is taken to have voted in person.
45 . Quorum for committee meetings
(1) 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 and 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 subrule (2)(b); and
(b) at
least 2 committee members are present at the meeting,
those members present
are taken to constitute a quorum.
Note for this rule:
If these model rules
are adopted, the quorum for a committee meeting is as notified to the
Commissioner under section 7(4)(d) or 29(5)(d) of the Act.
46 . Voting at committee meetings
(1) Each committee
member present at a committee meeting has one vote on any 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 the 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.
47 . Minutes of committee meetings
(1) The committee must
ensure that minutes are taken and kept of each committee meeting.
(2) The minutes 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 and 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 and 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 and held; and
(b) the
matters recorded as having taken place at the meeting took place as recorded;
and
(c) any
appointment purportedly made at the meeting was validly made.
Note for this rule:
Section 42(6) of the
Act requires details relating to the disclosure of a committee member’s
material personal interest in a matter being considered at a committee meeting
to be recorded in the minutes of the meeting.
Division 5 — Subcommittees and subsidiary offices
48 . Subcommittees and subsidiary offices
(1) To help the
committee in the conduct of the Association’s business, the committee
may, in writing, do either or both of the following —
(a)
appoint one or more subcommittees;
(b)
create one or more subsidiary offices and appoint people to those offices.
(2) A subcommittee 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
subcommittee may meet and 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.
49 . Delegation to subcommittees and holders of
subsidiary offices
(1) In this
rule —
non-delegable duty means a duty imposed on the
committee by the Act or another written law.
(2) The committee may,
in writing, delegate to a subcommittee 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 subcommittee or
the holder of a subsidiary office under this rule, may be exercised or
performed by the subcommittee 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 subcommittee, or by the holder of a subsidiary office, under the
delegation has the same force and 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) The committee must
determine the date, time and 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 and of any special
general meeting held since then if the minutes of that meeting have not yet
been confirmed;
(b) to
receive and 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 1 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; and
(iv)
if required to be presented for consideration under Part
5 of the Act, a copy of the report of the review or auditor’s report on
the financial statements or financial report;
(c) to
elect the office holders of the Association and 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 and other amounts (if any) to
be paid by members.
(4) Any other business
of which notice has been given in accordance with these rules may be conducted
at the annual general meeting.
Note for this rule:
Unless the
Commissioner allows otherwise, under section 50(3) of the Act the annual
general meeting must be held within 6 months after the end of the
Association’s financial year. If it is the first annual general meeting,
section 50(2) of the Act provides that it may be held at any time within
18 months after incorporation.
(1) 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
sign the notice.
(4) The special
general meeting must be convened within 28 days after notice is given under
subrule (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 subrule (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 subrule (5).
52 . Notice of general meetings
(1) 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 and 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; and
(ii)
state that the resolution is intended to be proposed as a
special resolution; and
(iii)
comply with rule 53(7).
Note for this paragraph:
Section 51(1) of the
Act states that a resolution is a special resolution if it is
passed —
(a) at a
general meeting of an incorporated association; and
(b) by
the votes of not less than three-fourths of the members of the association who
cast a vote at the meeting.
(1) Subject to subrule
(2), an ordinary member may appoint an individual who is an ordinary member as
the member’s proxy to vote and speak on the member’s behalf at a
general meeting.
(2) An ordinary member
may be appointed the proxy for not more than 5 other members.
(3) The appointment of
a proxy must be in writing and signed by the member making the appointment.
(4) The member
appointing the proxy may give specific directions as to how the proxy is to
vote on the member’s behalf.
(5) 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.
(6) 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.
(7) 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 the meeting; and
(b)
include a copy of any form that the committee has approved for the appointment
of a proxy.
(8) A form appointing
a proxy must be given to the secretary before the commencement of the general
meeting for which the proxy is appointed.
(9) 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.
54 . Use of technology to be present at general
meetings
(1) The presence of a
member at a general meeting need not be by attendance in person but may be by
that member and each other member at the meeting being simultaneously in
contact by telephone or other means of instantaneous communication.
(2) A member who
participates in a general meeting as allowed under subrule (1) is taken to be
present at the meeting and, if the member votes at the meeting, the member is
taken to have voted in person.
55 . Presiding member and quorum for general
meetings
(1) The chairperson
or, in the chairperson’s absence, the deputy chairperson must preside as
chairperson of each general meeting.
(2) If the chairperson
and 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 them
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 of a 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 and 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 general meeting held under subrule (4)(b); and
(b) at
least 2 ordinary members are present at the meeting,
those members present
are taken to constitute a quorum.
Note for this rule:
If these model rules
are adopted, the quorum for a general meeting is as notified to the
Commissioner under section 7(4)(c) or 29(5)(c) of the Act.
56 . Adjournment of general meeting
(1) 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
subrule (1), 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.
(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.
57 . Voting at general meeting
(1) On any question
arising at a general meeting —
(a)
subject to subrule (6), each ordinary member has one vote unless the member
may also vote on behalf of a body corporate under subrule (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 at 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 any general meeting to which the appointment applies; or
(b) the
appointment is revoked by the body corporate and 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 subrule (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.
58 . When special resolutions are required
(1) A special
resolution is required if it is 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) Subrule (1) does
not limit the matters in relation to which a special resolution may be
proposed.
Note for this rule:
Under the Act, a
special resolution is required if an incorporated association proposes
to do any of the following —
(a) to
adopt these model rules (section 29(1));
(b) to
alter its rules, including changing the name of the association
(section 30(1));
(c) to
decide to apply for registration or incorporation as a prescribed body
corporate (section 93(1));
(d) to
approve the terms of an amalgamation with one or more other incorporated
associations (section 102(4));
(e) to
be wound up voluntarily (section 121(2)) or by the Supreme Court (section
124(a) and Schedule 4 item 9);
(f) to
cancel its incorporation (section 129).
59 . Determining whether resolution carried
(1) In this
rule —
poll means the process of voting in relation to a
matter that is conducted in writing.
(2) Subject to subrule
(4), the chairperson of a general meeting may, on the basis of general
agreement or disagreement or by a 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.
(3) If the resolution
is a special resolution, the declaration under subrule (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;
and
(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 subrule (2) or (4) must be entered in the minutes of the meeting, and
the entry is, without proof of the voting in relation to the resolution,
evidence of how the resolution was determined.
60 . Minutes of general meeting
(1) The secretary, or
a person authorised by the committee from time to time, must take and 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 and 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 and 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 of
evidence to the contrary, taken to be proof that —
(a) the
meeting to which the minutes relate was duly convened and 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.
The funds of the
Association may be derived from entrance fees, annual subscriptions,
donations, fund-raising activities, grants, interest and any other sources
approved by the committee.
(1) The Association
must open an account in the name of the Association with a financial
institution from which all expenditure of the Association is made and 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 and other negotiable instruments
of the Association must be signed by —
(a) 2
committee members; or
(b) one
committee member and 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.
63 . Financial statements and financial report
(1) 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 are met.
(2) Without limiting
subrule (1), those requirements include —
(a) if
the Association is a tier 1 association, the preparation of the financial
statements; and
(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 auditor’s report, as applicable, on the
financial statements or financial report.
Notes for this rule:
1. Under section 66 of
the Act, an incorporated association must keep financial records
that —
(a)
correctly record and explain its transactions and financial position and
performance; and
(b)
enable true and fair financial statements to be prepared in accordance with
Part 5 Division 3 of the Act.
2. Under section 67 of
the Act, an incorporated association must retain its financial records for at
least 7 years after the transactions covered by the records are
completed.
(1) The Association
may, by resolution at a general meeting, make, amend or revoke by-laws.
(2) By-laws
may —
(a)
provide for the rights and 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 and financial
accountability of the Association and 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
subrule (3), a by-law made for the purposes of subrule (2)(c) may only impose
requirements on the Association that are additional to, and 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.
65 . Executing documents and common seal
(1) The Association
may execute a document without using a common seal if the document is signed
by —
(a) 2
committee members; or
(b) one
committee member and 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 and in the presence of —
(i)
2 committee members; or
(ii)
one committee member and 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) The 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.
66 . Giving notices to members
(1) 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 and —
(a)
delivered by hand to the recorded address of the member; or
(b) sent
by prepaid 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.
67 . Custody of books and securities
(1) Subject to subrule
(2), the books and any securities of the Association must be kept in the
secretary’s custody or under the secretary’s control.
(2) The financial
records and, 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) Subrules (1) and
(2) have effect except as otherwise decided by the committee.
(4) The books of the
Association must be retained for at least 7 years.
The record of
committee members and 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.
Note for this rule:
Section 58 of the
Act —
(a) sets
out the details of the record that an incorporated association must maintain
of the committee members and certain others; and
(b)
provides for members to inspect, make a copy of or take an extract from the
record; and
(c)
prohibits a person from disclosing information in the record except for
authorised purposes.
69 . Inspection of records and documents
(1) Subrule (2)
applies to a member who wants to inspect —
(a) the
register of members under section 54(1) of the Act; or
(b) the
record of the names and addresses of committee members, and 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 member
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
subrule (1)(c) but does not have a right to remove the record or document for
that purpose.
Note for this subrule:
Sections 54(2) and
58(4) of the Act provide for the making of copies of, or the taking of
extracts from, the register referred to in subrule (1)(a) and the record
referred to in subrule (1)(b).
(6) The member must
not use or disclose information in a record or document referred to in subrule
(1)(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.
Note for this subrule:
Sections 57(1) and
58(5) of the Act impose restrictions on the use or disclosure of information
in the register referred to in subrule (1)(a) and the record referred to in
subrule (1)(b).
70 . 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 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.
71 . Distribution of surplus property on
cancellation of incorporation or winding up
(1) In this
rule —
surplus property , in relation to the Association,
means property remaining after satisfaction of —
(a) the
debts and liabilities of the Association; and
(b) the
costs, charges and 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(1) of the Act.
Note for this rule:
Section 24(1) of the
Act sets out a provision that is implied in these rules describing the
entities to which the surplus property of an incorporated association may be
distributed on the cancellation of the incorporation or the winding up of the
association. Part 9 of the Act deals with the winding up of incorporated
associations, and Part 10 of the Act deals with the cancellation of the
incorporation of incorporated associations.
If the Association
wants to alter or rescind any of these rules, or to make additional rules, the
Association may do so only by special resolution and by otherwise complying
with Part 3 Division 2 of the Act.
Note for this rule:
Section 31 of the Act
requires an incorporated association to obtain the Commissioner’s
approval if the alteration of its rules has effect to change the name of the
association. Section 33 of the Act requires an incorporated association to
obtain the Commissioner’s approval if the alteration of its rules has
effect to alter the objects or purposes of the association or the manner in
which surplus property of the association must be distributed or dealt with if
the association is wound up or its incorporation is cancelled.