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Rules

Rules of the Australian Street Rod Federation Western Australia Inc.
IARN: A1022599L

Registered 1st September 2017
Amendments 7 January 2021
Approved AGM 2020 held 3rd March 2021

Information provided to the Commissioner under section 29(5) – This information is part of the rules of your association and must be attached to the copy of the rules provided to members.

The information provided to the Commissioner should be inserted here:

A.       The name of the Association is: Australian Street Rod Federation Western Australia Inc.

B.       The objects of the Association are: (1) Render assistance in any matter pertaining to the service, maintenance, benefit or advancement of street rodding in Western Australia.  (2) Promote the well-being and advancement of the Australian Street Rod Federation Incorporated as a recreational activity and sport in Western Australia.

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

D.       Any six committee members constitute a quorum for the conduct of the business of a Divisional Council committee meeting.

E.        The association’s financial year will be the period of 12 months commencing on 1st July and ending on 30th June of each year.

Parts

1.Terms used

In these rules, unless the contrary intention appears —
Act means the Associations Incorporation Act 2015;
ASRF Incorporated means the Australian Street Rod Federation Incorporated;
Associate member means a member with the rights referred to in rule 8(6);
Association means the incorporated association, Australian Street Rod Federation Western Australia Inc., to which these rules apply;

Books, of the Association, includes the following —

  • A register;
  • Financial records, financial statements or financial reports, however compiled, recorded or stored;
  • A document;
  • Any other record of information;

 
By laws means by-laws made by the Association under rule 65;
Chairperson means the Committee member holding office as the State Director 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 Divisional Council meeting of the committee;
Committee member means a member of the Divisional Council committee;

Financial records includes —

  • Invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and
  • Documents of prime entry; and
  • 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 who is an affiliated club member, ordinary member or an associate member of the Association;
National Control Council means the ASRF Incorporated committee governing 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;
Secretarymeans the committee member holding office as the secretary of the Association;
Special general meeting means a 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;
Sponsorship means money granted to an ASRF Incorporated club or ordinary member, for the promotion of street rodding in Western Australia;
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;
Treasurer means the committee member holding office as the treasurer of the Association.

2.Financial year

  • 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.
  • 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.

3. 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 sub-rule (3).
      3. A payment to a member out of the funds of the Association is authorised if it is —
      • 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; orThe 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
      • 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
      • The payment of reasonable rent to the member for premises leased by the member to the Association; or
      • The reimbursement of reasonable expenses properly incurred by the member on behalf of the Association.

The Association must always have not less than three Affiliated Clubs and six committee members.

Division 1 — Membership

4.Eligibility for membership

  • Any person who supports the objects or purposes of the Australian Street Rod Federation Incorporated. The national controlling association, is eligible to apply to become a member.
  • An individual who has not reached the age of 18 years is not eligible to apply for a class of membership that confers full voting rights.

 

5. Applying for membership

  • A person who wants to become a member must apply in writing to the Australian Street Rod Federation Incorporated.
  • Ordinary membership of the Australian Street Rod Federation Western Australia Inc. Shall be open to all persons 18 years age and over, who pay the bi-annual subscription to the ASRF Incorporated.
  • The application must be signed by the applicant.
  • 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

  • The National Control Council committee must consider each application for membership of the Association and decide whether to accept or reject the application.
  • Subject to subrule (3), the committee must consider applications in the order in which they are received by the Association.
  • 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.
  • The committee must not accept an application unless the applicant —
  • Is eligible under rule 4; and
  • Has applied under rule 5.
  • The committee may reject an application even if the applicant —
  • Is eligible under rule 4; and
  • Has applied under rule 5.
  • 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.
  • If the committee rejects the application, the committee is not required to give the applicant its reasons for doing so.

 

7.Becoming a member

  • An applicant for membership of the Association becomes a member when —
  • The committee accepts the application; and
  • The applicant pays any membership fees payable to the Association under rule 12.
  • The Association must give person who becomes a member of the association, a copy of the rules in force at the time their membership commences. It is acceptable to provide the copy by electronic transmission or providing details for the website whether the rules may be downloaded. A hard copy must be provided on request.

 

8.Classes of membership

  • The Association consists of affiliated club members, ordinary members and any associate members provided for under subrule (2).
  • The Association may have any class of associate membership approved by resolution at a National Control Council meeting, including junior membership, senior membership, honorary membership and life membership.
  • An individual who has not reached the age of 18 years is only eligible to be an associate member.
  • A person can only be an ordinary member or belong to one class of associate membership.
  • An ordinary member has full voting rights, counted as one vote and any other rights conferred on members by these rules or approved by resolution at a general meeting or determined by the committee.
  • An associate member has the rights referred to in subrule (5) other than full voting rights.
  • The number of members of any class is not limited unless otherwise approved by resolution at a general meeting.

 

9.When membership ceases

  • A person ceases to be a member when any of the following takes place —
  • For a member who is an individual, the individual dies;
  • For a member who is a body corporate, the body corporate is wound up;
  • The person resigns from the Association under rule 10;
  • The person is expelled from the Association under rule 15;
  • The person ceases to be a member under rule 12(4).
  • The secretary must keep a record, for at least one year after a person ceases to be a member, of —
  • The date on which the person ceased to be a member; and
  • The reason why the person ceased to be a member.

 

10.Resignation

    (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.

 

11.Rights not transferable

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

Division 2 — Membership Fees

 

12. Membership fees

(1)The National Control Council 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 bi-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 National Control Council committee.

(4)If a member has not paid the annual membership fee within the period of 1 month 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

 

13.Register of members

(1)The national coordinator, or another person authorised by the National Control Council 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 ASRF Incorporated national office, 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, with a reasonable fee payable.

 
(6)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.

14.Term used: member

In this Part —
Member,in relation to a member who is expelled from the Association, includes former member.

15. Suspension or expulsion

(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.
 

17.Terms used

In this Division —
Grievance procedure means the procedures set out in this Division;
Party to a dispute includes a person –

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

 

18.Application of Division

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

    (a)Between members; or
    (b)Between one or more members 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.

Division 1- Powers of Commitee

26.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 has the power to provide sponsorship for the purposes set out in the bylaw: Sanctioned Event Sponsorship by ASRFWA Inc.

(4)The committee shall have the power to co-opt any member or members to assist it in the execution of its duties.

(5)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

The office holders must take all reasonable steps to ensure the Association complies with its obligations under the Act and these Rules. This includes maintaining the Register of Association’s Primary Users, with the current controlling Government Department.

27.Committee members

(1)The committee members consist of —

  • The office holders of the Association;
  • The Technical Advisory Committee Coordinator;
  • The Publicity Officer;
  • The State Steward;
  • At least three ordinary committee members, each of whom is a Delegate for an Affiliated Club registered with the ASRF Incorporated.

(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 —

  • The Chairperson who is the State Director of the ASRF Incorporated;
  • The Secretary;
  • The Treasurer.

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

  • An individual who has reached 18 years of age; and
  • An ordinary member.

(5)A person must not hold 2 or more of the offices mentioned in subrule (3) at the same time.

(6)The committee members may appoint a Deputy Chairperson.

28.Chairperson

(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.

29.Secretary

The Secretary has the following duties —

  • Dealing with the Association’s correspondence;
  • Consulting with the chairperson regarding the business to be conducted at each committee meeting and general meeting;
  • Preparing the notices required for meetings and for the business to be conducted at meetings;
  • 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;
  • Maintaining on behalf of the Association an up-to-date copy of these rules, as required under section 35(1) of the Act;
  • 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;
  • 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;
  • Maintaining full and accurate minutes of committee meetings and general meetings;
  • Carrying out any other duty given to the secretary under these rules or by the committee.

 

30.Treasurer

The Treasurer has the following duties —

  • Ensuring that any amounts payable to the Association are collected and issuing receipts for those amounts in the Association’s name;
  • Ensuring that any amounts paid to the Association are credited to the appropriate account of the Association, as directed by the committee;
  • 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;
  • Keep record of Sponsorship requests and those approved for payment;
  • Ensuring that the Association complies with the relevant requirements of Part 5 of the Act;
  • Ensuring the safe custody of the Association’s financial records, financial statements and financial reports, as applicable to the Association;
  • As 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;
  • 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;
  • 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 —

  • Is elected to the committee at an annual general meeting; or
  • An Affiliated Club provides a Delegate to the position of committee member; or
  • Is appointed to the committee by the committee to fill a casual vacancy under rule 39.

 

32.Nomination of Office Holders

  • At least 35 days before an annual general meeting, the secretary must send written notice to all the members —
      (a)Calling for nominations for election to Office positions; and
      (b)Stating the date by which nominations must be received by the secretary to comply with subrule (2).
    • A member who wishes to be considered for election to Office at the annual general meeting must nominate for election by sending written notice of the nomination to the secretary at least 21 days before the annual general meeting.
    • The written notice must include nomination by another member, supporting the candidate.
    • 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 31(a) or 31(c).

     

    33.Election of office holders

    • At the annual general meeting, a separate election must be held for each vacant position of office holder of the Association.
    • If there is no nomination for a position, the chairperson of the meeting may call for nominations from the ordinary members at the meeting.
    • If only one member has nominated for a position, the chairperson of the meeting must declare the Member elected to the position.
    • 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.
    • Each ordinary member present at the meeting may vote for one member who has nominated for the position.
    • A member who has nominated for the position may vote for himself or herself.
    • 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

    • The Affiliated Clubs are responsible for electing a Delegate to the position of ordinary committee member.
    • The minimum number of Delegate members who are committee members is three.
    • An ordinary member becomes a committee member if the member is elected to the committee at an annual general meeting.

     

    35.Term of Office Holder

    • The term of Office of an ASRFWA member as a committee member begins when the member —
      • Is elected at an annual general meeting or under subrule 36(3)(b); or
      • Is appointed to fill a casual vacancy under rule 39.
    • Subject to rule 37, a committee member holds Office until the positions on the committee are declared vacant at the next annual general meeting.
    • The Office positions of chairperson, secretary and treasurer are two year terms.
    • The secretary is elected every even numbered year, the chairperson and treasurer are elected every odd numbered year.
    • A committee member may be re-elected.

     

    36.Resignation and removal from office

    • 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.
    • The resignation takes effect —
      • When the notice is received by the secretary or chairperson; or
      • If a later time is stated in the notice, at the later time.
    • At a general meeting, the Association may by resolution —
      • Remove a committee member from office; and
      • Elect a member who is eligible under rule 27(4) to fill the vacant position.
    • 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.
    • The secretary or chairperson may give a copy of the representations to each member or, if they are not so given, a 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 —

    • Dies or otherwise ceases to be a member; or
    • Resigns from the committee or is removed from office under rule 36; or
    • Becomes ineligible to accept an appointment or act as a committee member under section 39 of the Act;
    • Becomes permanently unable to act as a committee member because of a mental or physical disability; or
    • 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.

    38.illing casual vacancies

    • The committee may appoint a member who is eligible under rule 27(4) to fill a position on the committee that —
      • Has become vacant under rule 37; or
      • Was not filled by election at the most recent annual general meeting or under rule 36(3)(b).
    • 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.
    • Subject to the requirement for a quorum under rule 45, the committee may continue to act despite any vacancy in its membership.
    • If there are fewer committee members than required for a quorum under rule 45, the committee may act only for the purpose of —
      • Appointing committee members under this rule; or
      • Convening a general meeting.

     

    39.Validity of acts

    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

    • In this rule —

    Committee member includes a member of a subcommittee;

    Committee meeting includes a meeting of a subcommittee.

    • 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 —
      • In attending a committee meeting or
      • In attending a general meeting; or
      • Otherwise in connection with the Association’s business.

 

Division 4 — Committee meetings

 

41.Committee meetings

(1)The committee must meet at least 10 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 must preside at each committee meeting.

(2)If the chairperson is 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.

  • A person attending a committee meeting under subrule (5) —
  • Has no right to any agenda, minutes or other document circulated at the meeting; and
  • Must not comment about any matter discussed at the meeting unless invited by the committee to do so; and
  • 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 39(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.

46.Voting at committee meetings

  • Each committee member present at a committee meeting has one vote on any question arising at the meeting.
  • A motion is carried if a majority of the committee members present at the committee meeting vote in favour of the motion.
  • If the votes are divided equally on a question, the question is defeated.
  • 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.
  • 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, which may be an electronic document, within 30 days after the meeting is held.

  • The chairperson must ensure that the minutes of a committee meeting are reviewed and signed as correct by —
  • The chairperson of the meeting; or
  • The chairperson of the next committee meeting.
  • When the minutes of a committee meeting have been signed as correct they are, until the contrary is proved, evidence that —
  • The meeting to which the minutes relate was duly convened and held; and
  • The matters recorded as having taken place at the meeting took place as recorded; and
  • Any appointment purportedly made at the meeting was validly made.

 

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.

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 —

  • Appoint one or more subcommittees;
  • 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 subcommittee may meet and conduct business as it considers appropriate; and
  • 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

  • In this rule —

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

  • 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 —
    • The power to delegate; and
    • A non-delegable duty.
  • 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.
  • 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.
  • The delegation does not prevent the committee from exercising or performing at any time the power or duty delegated.
  • 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.
  • The committee may, in writing, amend or revoke the delegation.

61.Source of funds

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.
 

62.Control of funds

  • 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.
  • Subject to any restrictions imposed at a general meeting, the committee may approve expenditure on behalf of the Association.
  • 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.
  • All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments of the Association must be signed by —
    • 2 committee members; or
    • One committee member and a person authorised by the committee.
  • 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 reports

  • 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.
  • Without limiting subrule (1), those requirements include —
    • As the Association is a tier 1 association, the preparation of the financial statements; and
    • The presentation to the annual general meeting of the financial statements or financial report, as applicable.

64.By-laws

  • The Association may, by resolution at a general meeting, make, amend or revoke by-laws.
  • By-laws may —
    • Provide for the rights and obligations that apply to any classes of associate membership approved under rule 8(2); and
    • Impose restrictions on the committee’s powers, including the power to dispose of the association’s assets; and
    • Impose requirements relating to the financial reporting and financial accountability of the association and the auditing of the association’s accounts; and
    • Provide for any other matter the association considers necessary or convenient to be dealt with in the by-laws.
  • A by-law is of no effect to the extent that it is inconsistent with the Act, the regulations or these rules.
  • 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.
  • 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

  • The Association may execute a document if the document is signed by —
    • 2 committee members; or
    • One committee member and a person authorised by the committee.
  • The Association does not use a common seal.

 

66.Giving notices to members

  • In this rule —

Recorded means recorded in the register of members.

  • 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 —
    • Delivered by hand to the recorded address of the member; or
    • Sent by prepaid post to the recorded postal address of the member; or
    • Sent by facsimile or electronic transmission to an appropriate recorded number or recorded electronic address of the member.

 

67.Custody of books and securities

  • 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.
  • 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.
  • Subrules (1) and (2) have effect except as otherwise decided by the committee.
  • The books of the Association must be retained for at least 7 years.

68.Record of office holders

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 —

  • Sets out the deails of the record that an incorporated association must maintain of the committee members and  certain others; and
  • Provides for members to inspect, make a copy of or take an extract from the record; and
  • Prohibits a person from disclosing information in the record except for authorised purposes.

69.Inspection of records and documents

  • Subrule (2) applies to a member who wants to inspect —
    • The register of members under section 54(1) of the Act; or
    • 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
    • Any other record or document of the association.
  • The member must contact the secretary to make the necessary arrangements for the inspection.
  • The inspection must be free of charge.
  • 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.
  • 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).

  • The member must not use or disclose information in a record or document referred to in subrule (1)(c) except for a purpose —
    • That is directly connected with the affairs of the Association; or
    • 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 may publish, or cause to be published, any statement about the business conducted by the Association at a general meeting or committee meeting unless —

  • The committee members has been prohibited to do so at a committee meeting; and
  • The prohibition given to the committee members 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

  • In this rule —

Surplus property, in relation to the Association, means property remaining after satisfaction of —

  • The debts and liabilities of the Association; and
  • The costs, charges and expenses of winding up or canceling the incorporation of the Association,

But does not include books relating to the management of the Association.

  • 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.

 

72.Alteration of rules

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.

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