&
CONSTITUTION
LAKE MACQUARIE AUSTRALIAN FOOTBALL CLUB INC
Incorporation no Y2822716
RULES AND BY-LAWS
May 2006
AIMS OF THE ASSOCIATION
To foster the growth of AFL football in the Westlakes region
To provide excellence in coaching and player development
To abide by the AFL codes of conduct for players,coaches,spectators and officials
Funds raised by the association are used only for the purpose of meeting the obligations of LMAFC operating costs and realising the aims of the association.
Preliminary
1. Definitions
(1) In these rules:
Commissioner means the Commissioner of the Office of
Fair Trading.
ordinary member means a member of the committee
who is not an office-bearer of the association, as
referred to in rule 14(2).
secretary means:
(a) the person holding office under these rules as
secretary of the association, or
(b) if no such person holds that office – the public officer
of the association.
Association or club means Lake Macquarie AFC
special general meeting means a general meeting of
the association other than an annual general meeting.
the Act means the Associations Incorporation Act 1984.
the Regulation means the Associations Incorporation
Regulation 1999.
(2) In these rules:
(a) a reference to a function includes a reference to a
power, authority and duty, and
(b) a reference to the exercise of a function includes, if
the function is a duty, a reference to the performance
of the duty.
(3) The provisions of the Interpretation Act 1987 apply to
and in respect of these rules in the same manner as
those provisions would so apply if these rules were an
instrument made under the Act.
22.Voting and decisions 16
Part 4 – General meetings
23.Annual General Meetings – holding of 17
24.Annual General Meetings – calling of and business at 17
25.Special General Meetings – calling of 18
26.Notice 19
27.Procedure 20
28.Presiding member 21
29.Adjournment 21
30.Making of decisions 21
31.Special resolution 22
32.Voting 23
33.Appointment of proxies 23
Part 5 – Miscellaneous
34.Insurance 24
35.Funds – source 24
36.Funds – management 24
37.Alteration of objects and rules 24
38.Common seal 25
39.Custody of books 25
40.Inspection of books 25
41.Service of notices 25
Appendices
Application for membership of association 27
Form of appointment of proxy 28
Membership
2. Membership qualifications
A person is qualified to be a member of the association if,
but only if:
(a) the person is a person referred to in section 15(1)
(a),(b) or (c) of the Act and has not ceased to be a
member of the association at any time after
incorporation of the association under the Act,
or
(b) the person is a natural person:
(i) who has been nominated for membership of the
association as provided by rule 3, and
(ii) who has been approved for membership of the
association by the committee of the association.
3. Nomination for membership
(1) A nomination of a person for membership of the
association:
(a) must be made by a member of the association in
writing in the form set out in Appendix 1 to these
rules, and
(b) must be lodged with the secretary of the association.
(2) As soon as practicable after receiving a nomination for
membership, the secretary must refer the nomination to
the committee which is to determine whether to approve
or to reject the nomination.
(3) As soon as practicable after the committee makes that
determination, the secretary must:
(a) notify the nominee, in writing, that the committee
approved or rejected the nomination (whichever is
applicable), and
(b) if the committee approved the nomination, request
the nominee to pay (within the period of 28 days after
receipt by the nominee of the notification) the sum
payable under these rules by a member as entrance
fee and annual subscription.
(4) The secretary must, on payment by the nominee of the
amounts referred to in clause (3) (b) within the period
referred to in that provision, enter the nominee’s name
in the register of members and, on the name being so
entered, the nominee becomes a member of the
association.
4. Cessation of membership
A person ceases to be a member of the association if the
person:
(a) dies, or
(b) resigns membership, or
(c) is expelled from the association.
5. Membership entitlements not transferable
A right, privilege or obligation which a person has by reason
of being a member of the association:
(a) is not capable of being transferred or transmitted to
another person, and
(b) terminates on cessation of the person’s membership.
6. Resignation of membership
(1) A member of the association is not entitled to resign that
membership except in accordance with this rule.
6 7
Model Rules for incorporated associations Model Rules for incorporated associations
(2) A member of the association who has paid all amounts
payable by the member to the association in respect of
the member’s membership may resign from membership
of the association by first giving to the secretary written
notice of at least one month (or such other period as the
committee may determine) of the member’s intention to
resign and, on the expiration of the period of notice, the
member ceases to be a member.
(3) If a member of the association ceases to be a member
under clause (2), and in every other case where a
member ceases to hold membership, the secretary must
make an appropriate entry in the register of members
recording the date on which the member ceased to be a
member.
7. Register of members
(1) The public officer of the association must establish and
maintain a register of members of the association
specifying the name and address of each person who is
a member of the association together with the date on
which the person became a member.
(2) The register of members must be kept at the principal
place of administration of the association and must be
open for inspection, free of charge, by any member of the
association at any reasonable hour.
(3) A member of the association may obtain a copy of any
part of the register on payment of a fee of $1 for each
page copied or, if some other amount is determined by
the committee, that other amount.
8. Fees and subscriptions
(1) A member of the association must, on admission to
membership, pay to the association a fee of $2 or $10 per family, or if
some other amount is determined by the committee, that
other amount.
(2) In addition to any amount payable by the member under
clause (1), a member of the association must pay to the
association an annual membership fee of $2 for an individual or $10 for family membership( voting right per family is equivalent to one member ), if some
other amount is determined by the committee, that other
amount:
(a) except as provided by paragraph (b), before 1 July in
each calendar year, or
(b) if the member becomes a member on or after 1 July
in any calendar year – on becoming a member and
before 1 July in each succeeding calendar year.
9. Members’ liabilities
The liability of a member of the association to contribute
towards the payment of the debts and liabilities of the
association or the costs, charges and expenses of the
winding up of the association is limited to the amount, if
any, unpaid by the member in respect of membership of the
association as required by rule 8.
10. Resolution of internal disputes
(1) Disputes between members (in their capacity as
members) of the association, and disputes between
members and the association, are to be referred to a
community justice centre for mediation in accordance
with the Community Justice Centres Act 1983.
(2) At least 7 days before a mediation session is to
commence, the parties are to exchange statements of
the issues that are in dispute between them and supply
copies to the mediator.
11. Disciplining of members
(1) A complaint may be made to the committee by any
person that a member of the association:
(a) has persistently refused or neglected to comply with
a provision or provisions of these rules, or
(b) has persistently and wilfully acted in a manner
prejudicial to the interests of the association.
(2) On receiving such a complaint, the committee:
(a) must cause notice of the complaint to be served on
the member concerned; and
(b) must give the member at least 14 days from the time
the notice is served within which to make
submissions to the committee in connection with the
complaint, and
(c) must take into consideration any submissions made
by the member in connection with the complaint.
(3) The committee may, by resolution, expel the member
from the association or suspend the member from
membership of the association if, after considering the
complaint and any submissions made in connection with
the complaint, it is satisfied that the facts alleged in the
complaint have been proved.
(4) If the committee expels or suspends a member, the
secretary must, within 7 days after the action is taken,
cause written notice to be given to the member of the
action taken, of the reasons given by the committee for
having taken that action and of the member's right of
appeal under rule 12.
(5) The expulsion or suspension does not take effect:
(a) until the expiration of the period within which the
member is entitled to appeal against the resolution
concerned, or
(b) if within that period the member exercises the right
of appeal, unless and until the association confirms
the resolution under rule 12(5), whichever is
the later.
12. Right of appeal of disciplined member
(1) A member may appeal to the association in general
meeting against a resolution of the committee under
rule 11, within 7 days after notice of the resolution is
served on the member, by lodging with the secretary a
notice to that effect.
(2) The notice may, but need not, be accompanied by a
statement of the grounds on which the member intends
to rely for the purposes of the appeal.
(3) On receipt of a notice from a member under clause (1),
the secretary must notify the committee which is to
convene a general meeting of the association to be held
within 28 days after the date on which the secretary
received the notice.
(4) At a general meeting of the association convened under
clause (3):
(a) no business other than the question of the appeal is
to be transacted, and
(b) the committee and the member must be given the
opportunity to state their respective cases orally or in
writing, or both, and
(c) the members present are to vote by secret ballot on
the question of whether the resolution should be
confirmed or revoked.
(5) If at the general meeting the association passes a
special resolution in favour of the confirmation of the
resolution, the resolution is confirmed.
Part 3 – The committee
13. Powers of the committee
The committee is to be called the committee of
management of the association and, subject to the Act, the
Regulation and these rules and to any resolution passed by
the association in general meeting:
(a) is to control and manage the affairs of the association,
and
(b) may exercise all such functions as may be exercised by
the association, other than those functions that are
required by these rules to be exercised by a general
meeting of members of the association, and
(c) has power to perform all such acts and do all such
things as appear to the committee to be necessary or
desirable for the proper management of the affairs of the
association.
14. Constitution and membership
(1) Subject in the case of the first members of the
committee to section 21 of the Act, the committee is to
consist of:
(a) the office-bearers of the association, and
(b) 3 ordinary members, each of whom is to be elected
at the annual general meeting of the association
under rule 15.
(2) The office-bearers of the association are to be:
(a) the president
(b) the vice-president (1) junior club (2) senior club
(c) the treasurer (1) junior club (2) senior club and
(d) the secretary.(1)junior club (2) senior club
(3) Each member of the committee is, subject to these
rules, to hold office until the conclusion of the annual
general meeting following the date of the member’s
election, but is eligible for re-election.
(4) In the event of a casual vacancy occurring in the
membership of the committee, the committee may
appoint a member of the association to fill the vacancy
and the member so appointed is to hold office, subject
to these rules, until the conclusion of the annual general
meeting next following the date of the appointment.
15. Election of members
(1) Nominations of candidates for election as office-bearers
of the association or as ordinary members of the
committee:
(a) must be made in writing, signed by 2 members of the
association and accompanied by the written consent
of the candidate (which may be endorsed on the form
of the nomination), and
(b) must be delivered to the secretary of the association
at least 7 days before the date fixed for the holding of
the annual general meeting at which the election is to
take place.
(2) If insufficient nominations are received to fill all
vacancies on the committee, the candidates nominated
are taken to be elected and further nominations are to
be received at the annual general meeting.
(3) If insufficient further nominations are received, any
vacant positions remaining on the committee are taken
to be casual vacancies.
(4) If the number of nominations received is equal to the
number of vacancies to be filled, the persons nominated
are taken to be elected.
(5) If the number of nominations received exceeds the
number of vacancies to be filled, a ballot is to be held.
(6) The ballot for the election of office-bearers and ordinary
members of the committee is to be conducted at the
annual general meeting in such usual and proper
manner as the committee may direct.
16. Secretary
(1) The Secretary of the association must, as soon as
practicable after being appointed as secretary, lodge
notice with the association of his or her address.
(2) It is the duty of the secretary to keep minutes of:
(a) all appointments of office-bearers and members of
the committee,
(b) the names of members of the committee present at a
committee meeting or a general meeting, and
(c) all proceedings at committee meetings and general
meetings.
(3) Minutes of proceedings at a meeting must be signed by
the chairperson of the meeting or by the chairperson of
the next succeeding meeting.
17. Treasurer
It is the duty of the treasurer of the association to ensure:
(a) that all money due to the association is collected and
received and that all payments authorised by the
association are made,
and
(b) that correct books and accounts are kept showing the
financial affairs of the association, including full details
of all receipts and expenditure connected with the
activities of the association.
18. Casual vacancies
For the purposes of these rules, a casual vacancy in the
office of a member of the committee occurs if the member:
(a) dies, or
(b) ceases to be a member of the association, or
(c) becomes an insolvent under administration within the
meaning of the Corporations Act 2001 of the
Commonwealth, or
(d) resigns office by notice in writing given to the secretary,
or
(e) is removed from office under rule 19, or
(f) becomes a mentally incapacitated person, or
(g) is absent without the consent of the committee from all
meetings of the committee held during a period of 6
months.
19. Removal of member
(1) The association in general meeting may by resolution
remove any member of the committee from the office of
member before the expiration of the member’s term of17
(5) Any act or thing done or suffered by a sub-committee
acting in the exercise of a delegation under this rule has
the same force and effect as it would have if it had been
done or suffered by the committee.
(6) The committee may, by instrument in writing, revoke
wholly or in part any delegation under this rule.
(7) A sub-committee may meet and adjourn, as it thinks
proper.
22. Voting and decisions
(1) Questions arising at a meeting of the committee or of any
sub-committee appointed by the committee are to be
determined by a majority of the votes of members of the
committee or sub-committee present at the meeting.
(2) Each member present at a meeting of the committee or
of any sub-committee appointed by the committee
(including the person presiding at the meeting) is entitled
to one vote but, in the event of an equality of votes on
any question, the person presiding may exercise a
second or casting vote.
(3) Subject to rule 20(5), the committee may act despite any
vacancy on the committee.
(4) Any act or thing done or suffered, or purporting to have
been done or suffered, by the committee or by a subcommittee
appointed by the committee, is valid and
effectual despite any defect that may afterwards be
discovered in the appointment or qualification of any
member of the committee or sub-committee.
Part 4 – General meeting
23. Annual general meetings – holding of
(1) With the exception of the first annual general meeting of
the association, the association must, at least once in
each calendar year and within the period of 6 months
after the expiration of each financial year of the
association, convene an annual general meeting of its
members.
(2) The association must hold its first annual general
meeting:
(a) within the period of 18 months after its incorporation
under the Act, and
(b) within the period of 6 months after the expiration of
the first financial year of the association.
(3) Clauses (1) and (2) have effect subject to any extension
or permission granted by the Commissioner under
section 26(3) of the Act.
24. Annual general meetings – calling of and
business at
(1) The annual general meeting of the association is,
subject to the Act and to rule 23, to be convened on
such date and at such place and time as the committee
thinks fit.
(2) In addition to any other business which may be
transacted at an annual general meeting, the business of
an annual general meeting is to include the following:
(a) to confirm the minutes of the last preceding annual
general meeting and of any special general meeting
held since that meeting,
(b) to receive from the committee reports on the
activities of the association during the last preceding
financial year,
(c) to elect office-bearers of the association and ordinary
members of the committee,
(d) to receive and consider the statement which is
required to be submitted to members under section
26(6) of the Act.
(3) An annual general meeting must be specified as such in
the notice convening it.
25. Special general meetings – calling of
(1) The committee may, whenever it thinks fit, convene a
special general meeting of the association.
(2) The committee must, on the requisition in writing of at
least 5 per cent of the total number of members,
convene a special general meeting of the association.
(3) A requisition of members for a special general meeting:
(a) must state the purpose or purposes of the meeting,
and
(b) must be signed by the members making the
requisition, and
(c) must be lodged with the secretary, and
(d) may consist of several documents in a similar form,
each signed by one or more of the members making
the requisition.
(4) If the committee fails to convene a special general
meeting to be held within 1 month after that date on
which a requisition of members for the meeting is
lodged with the secretary, any one or more of the
members who made the requisition may convene a
special general meeting to be held not later than 3
months after that date.
(5) A special general meeting convened by a member or
members as referred to in clause (4) must be convened
as nearly as is practicable in the same manner as
general meetings are convened by the committee and
any member who consequently incurs expenses is
entitled to be reimbursed by the association for any
expense so incurred.
26. Notice
(1) Except if the nature of the business proposed to be dealt
with at a general meeting requires a special resolution of
the association, the secretary must, at least 14 days
before the date fixed for the holding of the general
meeting, give a notice to each member specifying the
place, date and time of the meeting and the nature of the
business proposed to be transacted at the meeting.
(2) If the nature of the business proposed to be dealt with at
a general meeting requires a special resolution of the
association, the secretary must, at least 21 days before
the date fixed for the holding of the general meeting,
cause notice to be given to each member specifying,
in addition to the matter required under clause (1),
the intention to propose the resolution as a special
resolution.
(3) No business other than that specified in the notice
convening a general meeting is to be transacted at the
meeting except, in the case of an annual general
meeting, business which may be transacted under rule
24(2).
(4) A member desiring to bring any business before a
general meeting may give notice in writing of that
office and may by resolution appoint another person to
hold office until the expiration of the term of office of the
member so removed.
(2) If a member of the committee to whom a proposed
resolution referred to in clause (1) relates makes
representations in writing to the secretary or president
(not exceeding a reasonable length) and requests that
the representation be notified to the members of the
association, the secretary or the president may send a
copy of the representations to each member of the
association or, if the representations are not so sent, the
member is entitled to require that the representations be
read out at the meeting at which the resolution is
considered.
20. Meetings and quorum
(1) The committee must meet at least 3 times in each
period of 12 months at such place and time as the
committee may determine.
(2) Additional meetings of the committee may be convened
by the president or by any member of the committee.
(3) Oral or written notice of a meeting of the committee
must be given by the secretary to each member of the
committee at least 48 hours (or such other period as
may be unanimously agreed on by the members of the
committee) before the time appointed for the holding of
the meeting.
(4) Notice of a meeting given under clause (3) must specify
the general nature of the business to be transacted at
the meeting and no business other than that business is
to be transacted at the meeting, except business which
the committee members present at the meeting
unanimously agree to treat as urgent business.
(5) Any 3 members of the committee constitute a quorum
for the transaction of the business of a meeting of the
committee.
(6) No business is to be transacted by the committee unless
a quorum is present and if, within half an hour of the
time appointed for the meeting, a quorum is not present,
the meeting is to stand adjourned to the same place and
at the same hour of the same day in the following week.
(7) If at the adjourned meeting a quorum is not present
within half an hour of the time appointed for the
meeting, the meeting is to be dissolved.
(8) At a meeting of the committee:
(a) the president or, in the president’s absence, the vicepresident
is to preside, or
(b) if the president and the vice-president are absent or
unwilling to act, such one of the remaining members
of the committee as may be chosen by the members
present at the meeting is to preside.
21. Delegation by committee to sub-committee
(1) The committee may, by instrument in writing, delegate
to one or more sub-committees (consisting of such
member or members of the association as the
committee thinks fit) the exercise of such of the
functions of the committee as are specified in the
instrument, other than:
(a) this power of delegation, and
(b) a function which is a duty imposed on the committee
by the Act or by any other law.
(2) A function the exercise of which has been delegated to a
sub-committee under this rule may, while the delegation
remains unrevoked, be exercised from time to time by
the sub-committee in accordance with the terms of the
delegation.
(3) A delegation under this section may be made subject to
such conditions or limitations as to the exercise of any
function, or as to time or circumstances, as may be
specified in the instrument of delegation.
(4) Despite any delegation under this rule, the committee
may continue to exercise any function delegated.
(b) to receive from the committee reports on the
activities of the association during the last preceding
financial year,
(c) to elect office-bearers of the association and ordinary
members of the committee,
(d) to receive and consider the statement which is
required to be submitted to members under section
26(6) of the Act.
(3) An annual general meeting must be specified as such in
the notice convening it.
25. Special general meetings – calling of
(1) The committee may, whenever it thinks fit, convene a
special general meeting of the association.
(2) The committee must, on the requisition in writing of at
least 5 per cent of the total number of members,
convene a special general meeting of the association.
(3) A requisition of members for a special general meeting:
(a) must state the purpose or purposes of the meeting,
and
(b) must be signed by the members making the
requisition, and
(c) must be lodged with the secretary, and
(d) may consist of several documents in a similar form,
each signed by one or more of the members making
the requisition.
(4) If the committee fails to convene a special general
meeting to be held within 1 month after that date on
which a requisition of members for the meeting is
lodged with the secretary, any one or more of the
members who made the requisition may convene a
special general meeting to be held not later than 3
months after that date.
(5) A special general meeting convened by a member or
members as referred to in clause (4) must be convened
as nearly as is practicable in the same manner as
general meetings are convened by the committee and
any member who consequently incurs expenses is
entitled to be reimbursed by the association for any
expense so incurred.
26. Notice
(1) Except if the nature of the business proposed to be dealt
with at a general meeting requires a special resolution of
the association, the secretary must, at least 14 days
before the date fixed for the holding of the general
meeting, give a notice to each member specifying the
place, date and time of the meeting and the nature of the
business proposed to be transacted at the meeting.
(2) If the nature of the business proposed to be dealt with at
a general meeting requires a special resolution of the
association, the secretary must, at least 21 days before
the date fixed for the holding of the general meeting,
cause notice to be given to each member specifying,
in addition to the matter required under clause (1),
the intention to propose the resolution as a special
resolution.
(3) No business other than that specified in the notice
convening a general meeting is to be transacted at the
meeting except, in the case of an annual general
meeting, business which may be transacted under rule
24(2).
(4) A member desiring to bring any business before a
general meeting may give notice in writing of that
business to the secretary who must include that
business in the next notice calling a general meeting
given after receipt of the notice from the member.
27. Procedure
(1) No item of business is to be transacted at a general
meeting unless a quorum of members entitled under
these rules to vote is present during the time the
meeting is considering that item.
(2) Five members present in person (being members
entitled under these rules to vote at a general meeting)
constitute a quorum for the transaction of the business
of a general meeting.
(3) If within half an hour after the appointed time for the
commencement of a general meeting a quorum is not
present, the meeting:
(a) if convened on the requisition of members, is to be
dissolved,
and
(b) in any other case, is to stand adjourned to the same
day in the following week at the same time and
(unless another place is specified at the time of the
adjournment by the person presiding at the meeting
or communicated by written notice to members given
before the day to which the meeting is adjourned) at
the same place.
(4) If at the adjourned meeting a quorum is not present
within half an hour after the time appointed for the
commencement of the meeting, the members present
(being at least 3) is to constitute a quorum.
28. Presiding member
(1) The president or, in the president’s absence, the vicepresident,
is to preside as chairperson at each general
meeting of the association.
(2) If the president and the vice-president are absent or
unwilling to act, the members present must elect one of
their number to preside as chairperson at the meeting.
29. Adjournment
(1) The chairperson of a general meeting at which a
quorum is present may, with the consent of the majority
of members present at the meeting, adjourn the
meeting from time to time and place to place, but no
business is to be transacted at an adjourned meeting
other than the business left unfinished at the meeting
at which the adjournment took place.
(2) If a general meeting is adjourned for 14 days or more,
the secretary must give written or oral notice of the
adjourned meeting to each member of the association
stating the place, date and time of the meeting and the
nature of the business to be transacted at the meeting.
(3) Except as provided in clauses (1) and (2), notice of an
adjournment of a general meeting or of the business to
be transacted at an adjourned meeting is not required
to be given.
30. Making of decisions
(1) A question arising at a general meeting of the
association is to be determined on a show of hands
and, unless before or on the declaration of the show of
hands a poll is demanded, a declaration by the
chairperson that a resolution has, on a show of hands,
been carried or carried unanimously or carried by a
particular majority or lost, or an entry to that effect in
the minute book of the association, is evidence of the
fact without proof of the number or proportion of the
votes recorded in favour of or against that resolution.
(2) At a general meeting of the association, a poll may be
demanded by the chairperson or by at least 3 members
present in person or by proxy at the meeting.
(3) If a poll is demanded at a general meeting, the poll must
be taken;
(a) immediately in the case of a poll which relates to the
election of the chairperson of the meeting or to the
question of an adjournment, or
(b) in any other case, in such manner and at such time
before the close of the meeting as the chairperson
directs, and the resolution of the poll on the matter is
taken to be the resolution of the meeting on that
matter.
31. Special resolution
A resolution of the association is a special resolution:
(a) if it is passed by a majority which comprises at least
three-quarters of such members of the association as,
being entitled under these rules so to do, vote in person
or by proxy at a general meeting of which at least 21
days’ written notice specifying the intention to propose
the resolution as a special resolution was given in
accordance with these rules, or
(b) where it is made to appear to the Commissioner that it
is not practicable for the resolution to be passed in the
manner specified in paragraph (a), if the resolution is
passed in a manner specified by the Commissioner.
32. Voting
(1) On any question arising at a general meeting of the
association a member has one vote only.
(2) All votes must be given personally or by proxy but no
member may hold more than 5 proxies.
(3) In the case of an equality of votes on a question at a
general meeting, the chairperson of the meeting is
entitled to exercise a second or casting vote.
(4) A member or proxy is not entitled to vote at any general
meeting of the association unless all money due and
payable by the member or proxy to the association has
been paid, other than the amount of the annual
subscription payable in respect of the then current year.
33. Appointment of proxies
(1) Each member is to be entitled to appoint another
member as proxy by notice given to the secretary no
later than 24 hours before the time of the meeting in
respect of which the proxy is appointed.
(2) The notice appointing the proxy is to be in the form set
out in Appendix 2 to these rules.
Part 5 – Miscellaneous
34. Insurance
The association may effect and maintain insurance.
35. Funds – source
(1) The funds of the association are to be derived from
entrance fees and annual subscriptions of members,
donations and, subject to any resolution passed by the
association in general meeting, such other sources as
the committee determines.
(2) All money received by the association must be deposited
as soon as practicable and without deduction to the
credit of the association’s bank account.
(3) The association must, as soon as practicable after
receiving any money, issue an appropriate receipt.
36. Funds – management
(1) Subject to any resolution passed by the association in
general meeting, the funds of the association are to be
used in pursuance of the objects of the association in
such manner as the committee determines.
(2) All cheques, drafts, bills of exchange, promissory notes
and other negotiable instruments must be signed by any
2 members of the committee or employees of the
association, being members or employees authorised to
do so by the committee.
37. Alteration of objects and rules
The statement of objects and these rules may be altered,
rescinded or added to only by a special resolution of the
association.
38. Common seal
(1) The common seal of the association must be kept in the
custody of the public officer.
(2) The common seal must not be affixed to any instrument
except by the authority of the committee and the affixing
of the common seal must be attested by the signatures
either of 2 members of the committee or of 1 member of
the committee and of the public officer or secretary.
39. Custody of books
Except as otherwise provided by these rules, the public
officer must keep in his or her custody or under his or her
control all records, books and other documents relating to
the association.
40. Inspection of books
The records, books and other documents of the association
must be open to inspection, free of charge, by a member of
the association at any reasonable hour.
41. Service of notices
(1) For the purpose of these rules, a notice may be served
on or given to a person:
(a) by delivering it to the person personally, or
(b) by sending it by pre-paid post to the address of the
person, or
(c) by sending it by facsimile transmission or some other
form of electronic transmission to an address
specified by the person for giving or serving the
notice.
(2) For the purpose of these rules, a notice is taken, unless
the contrary is proved, to have been given or served:
(a) in the case of a notice given or served personally, on
the date on which it is received by the addressee,
and
(b) in the case of a notice sent by pre-paid post, on the
date when it would have been delivered in the
ordinary course of post, and
(c) in the case of a notice sent by facsimile transmission
or some other form of electronic transmission, on the
date it was sent, or if the machine from which the
transmission was sent produces a report indicating
that the notice was sent on a later date, on that date.
Appendix 1
(Rule 3 (1))
APPLICATION FOR MEMBERSHIP OF ASSOCIATION
....LMAFC...................................................................................................... Incorporated
(incorporated under the Associations Incorporation Act 1984)
I, .............................................................................................................................
(full name of applicant)
of ............................................................................................................................
(address)
.................................................................................................................. hereby
(occupation)
apply to become a member of the abovenamed incorporated association. In the
event of my admission as a member, I agree to be bound by the rules of the
association for the time being in force.
................................................................. ..............................................
Signature of applicant Date
I, ............................................................................ a member of the association,
(full name)
nominate the applicant, who is personally known to me, for membership of the
association.
................................................................. ..............................................
Signature of proposer Date
I, ............................................................................ a member of the association,
(full name)
second the nomination of the applicant, who is personally known to me, for
membership of the association.
................................................................. .............................................. 28
Model Rules for incorporated associations
Appendix 2
(Rule 33 (2))
FORM OF APPOINTMENT OF PROXY
I, ..............................................................................................................................
(full name)
of .............................................................................................................................
(address)
being a member of ......LMAFC............................................................................................
(name of incorporated association)
hereby appoint .........................................................................................................
(full name of proxy)
of .............................................................................................................................
(address)
being a member of that incorporated association, as my proxy to vote for me on my
behalf at the general meeting of the association (annual general meeting or special
general meeting, as the case may be) to be held on the..............day of ...................
and at any adjournment of that meeting. (month and year)
* My proxy is authorised to vote in favour of/against (delete as appropriate) the
resolution (insert details).
* to be inserted if desired.
........................................................................ ...............................................
Signature of member appointing proxy Date
NOTE: A proxy vote may not be given to a person who is not a member
of the association.
Signature of seconder Date
