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ACT Coat of Arms

AUSTRALIAN CAPITAL TERRITORY

 

Associations Incorporation Regulations

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Reprinted as at 31 December 1994

Table of provisions

Regulation

Part I—preliminary

1. Citation

2. Interpretation

Part ll—INFORMATION FOR COMPLETION OF FORMS AND OTHER DOCUMENTS

3. Particulars required by forms

4. General requirements for documents

5. Annexes accompanying forms

6. Manner of signing documents to be lodged

7. Time for lodging documents

8. Affidavits and statements in writing

9. Verification of a document

PART III—MISCELLANEOUS

10. Register of members—particulars

11. Copies of documents required under section 73

12. Audit of accounts

13. Prescribed associations for the purposes of section 76

14. Rate of commission

15. Model rules

Schedule 1

MODEL RULES

AUSTRALIAN CAPITAL TERRITORY

 

Associations Incorporation Regulations

PART I—PRELIMINARY

Citation

1. These Regulations may be cited as the Associations Incorporation Regulations.1

Interpretation

2. In these Regulations, unless the contrary intention appears—

"the Act" means the Associations Incorporation Act 1991.

PART II—INFORMATION FOR COMPLETION OF FORMS AND OTHER DOCUMENTS

Particulars required by forms

3. Where an approved form requires—

(a) the furnishing of a document; or

(b) the furnishing of information—

(i) by completing the form in a specified manner; or

(ii) by supplying or completing another document;

that document or information shall be taken to be the document or information required for the purposes of the provision of the Act for the purposes of which the relevant form has been approved by the Registrar-General.

General requirements for documents

4. Unless the Registrar-General otherwise approves, a document submitted for lodgement with the Registrar-General shall—

(a) be on paper of medium weight and good quality and of international sheet size A4;

(b) be clearly printed, written or otherwise produced in a manner that is permanent and will make possible a reproduction by photographic means that is satisfactory to the Registrar-General;

(c) not be a carbon copy, or a copy reproduced by any spirit duplication method;

(d) have margins of not less than 25 millimetres on the left-hand side and not less than 13 millimetres on the right-hand side;

(e) where it comprises 2 or more sheets—be fastened together securely in the top left-hand corner; and

(f) specify on the first sheet of the document—

(i) the name of the association, proposed association or incorporated association;

(ii) the registration number (if any) of the association to which the document relates;

(iii) the title of the document;

(iv) the name, address and telephone number of the person by whom, or on whose behalf, the document was submitted for lodgement; and

(v) the words "Lodged with the Registrar-General".

Annexes accompanying forms

5. (1) Where the space provided for a particular purpose in an approved form is insufficient to contain all the required information in relation to a particular item, that information shall be set out in a document annexed to the form.

(2) An annexe to an approved form shall have an identifying mark and be endorsed with the following words, appropriately completed and signed by each person signing the form to which the document is annexed:

"This annexe of (insert number of pages) .......... page(s) is the annexure marked (insert an identifying mark) .......... referred to in the (insert a description of the form) .......... signed by (insert ‘me’ or ‘us’) and dated (insert the date of signing) ..................................(Signature(s))"

(3) The pages in an annexe shall be numbered consecutively.

(4) Where a document is annexed to an approved form, reference made in the form to the annexe shall be by its identifying mark and the number of pages.

(5) In this regulation a reference to an annexe includes a reference to a document, copy of a document, or any other matter accompanying, attached to or annexed to an approved form.

Manner of signing documents to be lodged

6. (1) Unless these Regulations state otherwise, a document relating to an incorporated association that is required to be lodged by, or on behalf of, the association or lodged by the public officer of the association, shall be signed by the public officer of the association or by a member of the committee of the association who has been authorised by the committee for the purpose.

(2) The name of a person signing a document that is lodged with the Registrar-General for the purposes of the Act shall be legibly written in block letters under or beside the signature of the person.

Time for lodging documents

7. Where a document is required to be lodged with the Registrar-General and a period of time within which the document is to be lodged is not provided for, the document shall be lodged within 1 month, or within such further period as the Registrar-General allows, after the happening of the event to which the document relates.

Affidavits and statements in writing

8. (1) An affidavit or statement in writing shall be sworn or made on behalf of an association, by a member of the committee who has been authorised by the committee for that purpose or by the public officer of the association.

(2) Where an affidavit is sworn at a place outside the Territory, the affidavit shall be sufficient if it appears to be sworn in accordance with the requirements of the law of that place.

Verification of a document

9. For the purposes of subsection 127 (2) of the Act, a document relating to an incorporated association that is to be verified shall be verified by a statement in writing signed by—

(a) a member of the committee of the association who has been authorised by the committee for that purpose or the public officer of the association, being a person who is resident in the Territory; or

(b) its agent or, if its agent is an association, by a member of the committee of that association who has been authorised by that committee, being a person who is resident in the Territory.

PART III—MISCELLANEOUS

Register of members—particulars

10. For the purposes of subsection 67 (1) of the Act, the following particulars are prescribed for inclusion in the register of members:

(a) the name of the incorporated association;

(b) the name and address of each member of the association;

(c) the date on which each member became a member of the association;

(d) the date, if any, on which each member ceased to be a member of the association.

Copies of documents required under section 73

11. For the purposes of subsection 73 (2) of the Act, the prescribed number of copies is 100.

Audit of accounts

12. (1) For the purposes of paragraph 74 (3) (a) of the Act, the prescribed amount is $150,000 per annum.

(2) For the purposes of paragraph 74 (3) (b) of the Act, the prescribed amount is $150,000.

(3) For the purposes of paragraph 74 (3) (c) of the Act, each of the following classes of associations is prescribed, namely, associations:

(a) having more than 1,000 members;

(b) holding a licence issued under the Liquor Act 1975.

Prescribed associations for the purposes of section 76

13. An incorporated association that has gross receipts exceeding $500,000 for a financial year of that association is prescribed for the purposes of section 76 of the Act.

Rate of commission

14. For the purposes of subsection 95 (3) of the Act, the commission payable is an amount calculated at the rate of 5%.

Model rules

15. For the purposes of paragraph 127 (1) (a) of the Act, the rules set out in the Schedule are prescribed as model rules for the purposes of the Act.

 

Schedule Regulation 15

MODEL RULES

TABLE OF PROVISIONS

Clause

PART I—PRELIMINARY

1. Interpretation

PART II—MEMBERSHIP

2. Membership qualifications

3. Nomination for membership

4. Membership entitlements not transferable

5. Cessation of membership

6. Resignation of membership

7. Fee, subscriptions etc.

8. Members’ liabilities

9. Disciplining of members

10. Right of appeal of disciplined member

PART III—THE NATIONAL EXECUTIVE

11. Powers of the national executive

12. Constitution and membership

13. Election of national executive members

14. Secretary

15. Treasurer

16. Vacancies

17. Removal of national executive members

18. Communications and quorum

19. Delegation by national executive to sub-committee

20. Voting and decisions

PART IV—AGMs & COMMUNICATIONS

21. Annual general meetings—holding of

22. Annual general meetings—calling of and business at

23. Communications—calling of

24. Notice

25.Communications—procedure and quorum

26. Presiding member

27. Adjournment

28. Making of decisions

29. Voting

30. Appointment of proxies

PART V—MISCELLANEOUS

31. Funds—source

32. Funds—management

33. Alteration of objects and rules

34. Common seal

35. Custody of books

36. Inspection of books

37. Service of notices

38.      Surplus property

39 Affiliation with associations in other jurisdictions

 

APPENDIX 1

APPLICATION FOR MEMBERSHIP OF ASSOCIATION

APPENDIX 2

FORM OF APPOINTMENT OF PROXY

PART I—PRELIMINARY

1. Interpretation

(1) In these rules, unless a contrary intention appears—

"financial year" means the same as a calendar year, that is, the year beginning on the 1st January and ending on the 31st December;

"member" means a member, however described, of the association;

"national vice president" means a member of the committee who is not an office-bearer of the association as referred to in paragraph 12 (1)

"secretary" means the person holding office under these rules as secretary of the association or, where no such person holds that office, the public officer of the association;

"the Act" means the Associations Incorporation Act 1991;

"the Regulations" means the Associations Incorporation Regulations.

(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, where the function is a power, authority or duty, a reference to the exercise of the power or authority or the performance of the duty.

(3) The provisions of the Interpretation Act 1967 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.

PART II—MEMBERSHIP

2. Membership qualifications

A person is qualified to be a member if—

(a) the person is a person referred to in paragraph 21 (2) (a) or (b) 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—

(i) has been nominated for membership in accordance with sub-rule 3 (1); and

(ii) has been approved for membership of the association by a national executive member of the association.

3. Nomination for membership

(1) A nomination of a person for membership of the association—

(a) shall be made by a member of the association in writing in the form set out in Appendix 1 to these rules; and

(b) shall be lodged with the secretary of the association.

(2) As soon as is practicable after receiving a nomination for membership, the secretary shall refer the nomination to a national executive member who shall determine whether to approve or to reject the nomination.

(3) Where the national executive member determines to approve a nomination for membership, the secretary shall as soon as practicable after that determination notify the nominee of that approval and request the nominee to pay after receipt of the notification, the sum payable under these rules by a member as the first year’s annual subscription.

(4) The secretary shall, on payment by the nominee of the amounts referred to in sub-rule (3) within the period referred to in that sub-rule, enter the nominee’s name in the register of members and, upon the name being so entered, the nominee shall become a member of the association.

4. 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 upon cessation of the person’s membership.

5. Cessation of membership

A person ceases to be a member of the association if the person—

(a) dies or, in the case of a body corporate, is wound up;

(b) resigns from membership of the association;

(c) is expelled from the association; or

(d) fails to renew membership of the association.

6. Resignation of membership

(1) A member is not entitled to resign from membership of the association except in accordance with this rule.

(2) A member who has paid all amounts payable by the member to the association, may resign from membership of the association by giving one months notice; or the notice may take immediate effect if the member so desires.

(3) Where a person ceases to be a member, the secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

7. Fee, subscriptions etc.

 (1) The annual membership fee of the association will be reviewed periodically and subsequently determined by the national executive.

(3) The annual membership fee is due on or before the 1st January of each year.

8. Members’ liabilities

The liability of a member 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 7.

9. Disciplining of members

(1) Where the national executive is of the opinion that a member—

(a) has persistently refused or neglected to comply with a provision of these rules; or

(b) has persistently and wilfully acted in a manner prejudicial to the interests of the association,

the national executive may, by resolution—

(c) expel the member from the association; or

(d) suspend the member from such rights and privileges of membership of the association as the national executive may determine for a specified period.

(2) A resolution of the under sub-rule (1) is of no effect unless the national executive, at a communication held not earlier than 14 days and not later than 28 days after service on the member of a notice under sub-rule (3), confirms the resolution in accordance with this rule.

(3) Where the national executive passes a resolution under sub-rule (1), the secretary shall, as soon as practicable, cause a notice in writing to be served on the member—

(a) setting out the resolution of the national executive and the grounds on which it is based;

(b) stating that the member may address the national executive at a communication to be held not earlier than 14 days and not later than 28 days after service of the notice;

(c) stating the date, place and time of that communication; and

(d) informing the member that the member may do either or both of the following:

(i) participate in pre-arranged communication;

(ii) submit to the national executive at or prior to the date of that communication written representations relating to the resolution.

(4) Subject to section 50 of the Act, at a communication of the national executive mentioned in sub-rule (2), the national executive shall—

(a) give to the member mentioned in sub-rule (1) an opportunity to make oral representations;

(b) give due consideration to any written representations submitted to the national executive by that member at or prior to the communication; and

(c) by resolution determine whether to confirm or to revoke the resolution of the national executive made under sub-rule (1).

(5) Where the national executive confirms a resolution under sub-rule (4), the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of that confirmation and of the member’s right of appeal under rule 10.

(6) A resolution confirmed by the national executive under sub-rule (4) does not take effect—

(a) until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or

(b) where within that period the member exercises the right of appeal, unless and until the association confirms the resolution in accordance with sub-rule 10 (4).

10. Right of appeal of disciplined member

(1) A member may appeal to the association in communication against a resolution of the national executive which is confirmed under sub-rule 9 (4), within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.

(2) Upon receipt of a notice under sub-rule (1), the secretary shall notify the national executive which shall convene a communication of the association to be held within 21 days after the date on which the secretary received the notice or as soon as possible after that date.

(3) Subject to section 50 of the Act, at a communication of the association convened under sub-rule (2)—

(a) no business other than the question of the appeal shall be transacted;

(b) the national executive and the member shall be given the opportunity to make representations in relation to the appeal orally or in writing, or both; and

 (4) If the communication passes a special resolution in favour of the confirmation of the resolution made under sub-rule 9 (4), that resolution is confirmed.

PART III—THE NATIONAL EXECUTIVE

11. Powers of the national executive

The national executive, subject to the Act, the Regulations, these rules, and to any resolution passed by the association in general meeting—

(a) shall control and manage the affairs of the association;

(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 the association in communication; and

(c) has power to perform all such acts and do all such things as appear to the national executive to be necessary or desirable for the proper management of the affairs of the association.

12. Constitution and membership

(1) The committee shall consist of—

(a) the office bearers of the association;

each of whom shall be elected pursuant to rule 13 or appointed in accordance with sub-rule (4).

(2) The office-bearers of the association shall be—

(a) the national president;

(b) a maximum  of six vice-presidents;

(c) the treasurer; and

(d) the secretary.

(e) the information technology officer

(3) Each member of the national executive shall, subject to these rules, 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 vacancy in the membership of the national executive, the national executive may appoint a member of the association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.

13. Election of national executive members.

(1) Nominations of candidates for election as office-bearers of the association -

(a) shall 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 nomination form); and

(b) shall be delivered to the secretary of the association on the date 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 shall be deemed to be elected and further nominations shall be received at the annual general meeting.

(3) If insufficient further nominations are received, any vacant positions remaining on the national executive shall be deemed to be vacancies.

(4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be taken to be elected.

(5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.

(6) The ballot for the election of office-bearers shall be conducted at the annual general meeting in such manner as the national executive may direct.

(7) A person is not eligible to simultaneously hold more than 1 position on the national executive.

14. Secretary

(1) The secretary of the association shall, as soon as practicable after being appointed as secretary, notify the association of his or her address.

(2) The secretary shall keep minutes of—

(a) all elections and appointments of office-bearers;

(b) the names of members of the national executive present at a communication

(c) all proceedings at communications and annual general meetings.

(3) Minutes of proceedings at a communication shall be signed by the person presiding at the communication or by the person presiding at the next succeeding communication.

15. Treasurer

(1) The treasurer of the association shall—

(a) collect and receive all moneys due to the association and make all payments authorised by the association; and

(b) keep correct accounts and books showing the financial affairs of the association with full details of all receipts and expenditure connected with the activities of the association.

16. Vacancies

(1) For the purposes of these rules, a vacancy in the office of a member of the national executive occurs if the member—

(a) dies;

(b) ceases to be a member of the association;

(c) resigns the office;

(d) is removed from office pursuant to rule 17;

(e) becomes an insolvent under administration within the meaning of the Corporations Law;

(f) suffers from mental or physical incapacity;

(g) is disqualified from office under subsection 63 (1) of the Act; or

(h) is absent without the consent of the national executive from all meetings of the committee held during a period of 6 months.

17. Removal of national executive members

The association in communication may by resolution, subject to section 50 of the Act, remove any member of the national executive from the office of member of the national executive before the expiration of the member’s term of office.

18. Participation in a communication and quorum

(1) The national executive shall communicate at least once in each calendar year at such place and time as the national executive may determine.

(2) Additional communications of the national executive  may be convened by any member of the national executive.

(3) Oral or written notice of a communication of the national executive shall be given by the secretary to each member of the national executive at least 48 hours (or such other period as may be unanimously agreed upon by the members of the national executive) before the time appointed for the holding of the communication.

(4) Notice of a communication given under sub-rule (3) shall specify the general nature of the business to be transacted at the communication and no business other than that business shall be transacted at the communication, except business which the national executive members at the communication unanimously agree to treat as urgent business.

(5) Any 3 members of the national executive constitute a quorum for the transaction of the business of a meeting of the communication.

(6) No business shall be transacted by the national executive unless a quorum is present and if within half an hour after the time appointed for the communication a quorum is not present, the communication stands adjourned to the same place and at the same hour of the same day in the following week.

(7) If at the adjourned communication a quorum is not present within half an hour after the time appointed for the communication, the communication shall be dissolved.

(8) At meetings of the national executive—

(a) the president or in the absence of the president, a vice-president shall preside; or

(b) if the president is absent, 1 of the remaining vice presidents may be chosen to preside.

19. Delegation by national executive to sub-committee

(1) The national executive may, by instrument in writing, delegate to 1 or more sub-committees (consisting of such member or members of the association as the national executive thinks fit) the exercise of such of the functions of the national executive as are specified in the instrument, other than—

(a) this power of delegation; and

(b) a function which is a function imposed on the national executive by the Act, by any other law of the Territory, or by resolution of the association in communication.

(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 rule 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) Notwithstanding any delegation under this rule, the national executive may continue to exercise any function delegated.

(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 national executive.

(6) The national executive 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.

20. Voting and decisions

(1) Questions arising at a communication of the national executive or of any sub-committee appointed by the national executive shall be determined by a majority of the votes of members of the national executive or sub-committee present at the communication.

(2) Each member present at a communication of the national executive or of any sub-committee appointed by the national executive (including the person presiding at the communication) is entitled to 1 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 sub-rule 18 (5), the national executive may act notwithstanding any vacancy on the national executive.

(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the national executive or by a sub-committee appointed by the national executive, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the national executive or sub-committee.

PART IV—COMMUNICATIONS

21. Annual general meetings—holding of

(1) With the exception of the first annual general meeting of the association, the association shall, at least once in each calendar year and within the period of 5 months after the expiration of each financial year of the association, convene an annual general meeting of its members.

(2) The association shall 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 5 months after the expiration of the first financial year of the association.

(3) Sub-rules (1) and (2) have effect subject to the powers of the Registrar-General under section 120 of the Act in relation to extensions of time.

22. Annual general meetings—calling of and business at

(1) The annual general meeting of the association shall, subject to the Act, be convened on such date and at such place and time as the national executive 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 shall be—

(a) to confirm the minutes of the last preceding annual general meeting and of any communication held since that communication;

(b) to receive from the national executive reports on the activities of the association during the last preceding financial year;

(c) to elect members of the national executive

(d) to receive and consider the statement of accounts and the reports that are required to be submitted to members pursuant to subsection 73 (1) of the Act.

(3) An annual general meeting shall be specified as such in the notice convening it in accordance with rule 24.

(4) An annual general meeting shall be conducted in accordance with the provisions of this Part.

23. Communications—calling of

(1) The national executive may, whenever it thinks fit, convene a communication of the association.

(2) The national executive shall, on the requisition in writing of not less than 5 per cent of the total number of members, convene a communication of the association.

(3) A requisition of members for a communication—

(a) shall state the purpose or purposes of the communication;

(b) shall be signed by the members making the requisition;

(c) shall be lodged with the secretary; and

(d) may consist of several documents in a similar form, each signed by 1 or more of the members making the requisition.

(4) If the national executive fails to convene a communication within 1 month after the date on which a requisition of members for the communication is lodged with the secretary, any 1 or more of the members who made the requisition may convene a communication to be held not later than 3 months after that date.

(5) A communication convened by a member or members referred to in sub-rule (4) shall be convened as nearly as is practicable in the same manner as communication are convened by the national executive and any member who thereby incurs expense is entitled to be reimbursed by the association for any reasonable expense so incurred.

24. Notice

(1) Except where the nature of the business proposed to be dealt with at a communication requires a special resolution of the association, the secretary shall, at least 14 days before the date fixed for the holding of the communication, cause to be sent by pre-paid post or email to each member at the member’s address appearing in the register of members, a notice specifying the place, date and time of the communication and the nature of the business proposed to be transacted at the communication.

(2) Where the nature of the business proposed to be dealt with at a communication requires a special resolution of the association, the secretary shall, at least 21 days before the date fixed for the holding of the communication, cause notice to be sent to each member in the manner provided in sub-rule (1) specifying, in addition to the matter required under that sub-rule, the intention to propose the resolution as a special resolution.

(3) No business other than that specified in the notice convening a communication shall be transacted at the communication except, in the case of an annual general meeting, business which may be transacted pursuant to sub-rule 22 (2).

(4) A member desiring to bring any business before a communication may give notice in writing of that business to the secretary who shall include that business in the next notice calling a communication given after receipt of the notice from the member.

25. Communications—procedure and quorum

(1) No item of business shall be transacted at a communication unless a quorum of members entitled under these rules to vote is present during the time the communication is considering that item.

(2) 5 members present in person (being members entitled under these rules to vote at a communication) constitute a quorum for the transaction of the business of a communication.

(3) If within half an hour after the appointed time for the commencement of a communication a quorum is not present, the communication if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of adjournment by the person presiding at the communication or transmitted by written notice to members given before the day to which the communication is adjourned) at the same place.

(4) If at the adjourned communication a quorum is not present within half an hour after the time appointed for the commencement of the communication, the members present (being not less than 3) shall constitute a quorum.

26. Presiding member

(1) The president, or in the absence of the president, a vice-president, shall preside at each communication of the association.

(2) If the president is absent from a communication, the vice presidents shall elect 1 of their number to preside at the communication.

27. Adjournment

(1) The person presiding at a communication at which a quorum is present may, with the consent of the majority of members present at the communication, adjourn the communication from time to time and place to place, but no business shall be transacted at an adjourned communication other than the business left unfinished at the communication at which the adjournment took place.

(2) Where a communication is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned communication to each member of the association stating the place, date and time of the communication and the nature of the business to be transacted at the communication.

(3) Except as provided in sub-rules (1) and (2), notice of an adjournment of a communication or of the business to be transacted at an adjourned communication is not required to be given.

 

28. Making of decisions

(1) A question arising at a communication of the association shall 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 person presiding 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 communication of the association, a poll may be demanded by the person presiding or by not less than 3 members present in person or by proxy at the communication.

(3) Where the poll is demanded at a communication, the poll shall be taken—

(a) immediately in the case of a poll which relates to the election of the person to preside at the communication 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 communication as the person presiding directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.

29. Voting

(1) Subject to sub-rule (3), upon any question arising at a communication of the association a member has 1 vote only.

(2) All votes shall 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 communication, the person presiding is entitled to exercise a second or casting vote.

(4) A member or proxy is not entitled to vote at any communication 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.

30. Appointment of proxies

(1) Each member shall be entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the communication in respect of which the proxy is appointed.

(2) The notice appointing the proxy shall be in the form set out in Appendix 2 to these rules.

PART V—MISCELLANEOUS

31. Funds—source

(1) The funds of the association shall be derived from annual subscriptions of members, donations and, subject to any resolution passed by the association in communication and subject to section 114 of the Act, such other sources as the national executive determines.

(2) All money received by the association shall be deposited as soon as practicable and without deduction to the credit of the association’s bank account.

(3) The association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

32. Funds—management

(1) Subject to any resolution passed by the association in communication, the funds of the association shall be used in pursuance of the objects of the association in such manner as the national executive determines.

(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any 2 members of the national executive or employees of the association, authorised to do so by the national executive.

33. Alteration of objects and rules

Neither the objects of the association referred to in section 29 of the Act nor these rules shall be altered except in accordance with the Act.

34. Common seal

(1) The common seal of the association shall be kept in the custody of the secretary.

(2) The common seal shall not be affixed to any instrument except by the authority of the secretary and one other national executive member.

35. Custody of books

Subject to the Act, the Regulations and these rules, the secretary shall keep in his or her custody or under his or her control all records, books, and other documents relating to the association.

36. Inspection of books

The records, books and other documents of the association shall be open to inspection at a place in the Territory, free of charge, by a member of the association at any reasonable hour.

37. Service of notice

(1) For the purpose of these rules, a notice may be served by or on behalf of the association upon any member either personally, by email, or by sending it by post to the member at the member’s address shown in the register of members.

(2) Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter or email containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.

38. Surplus property

(1) At the first general meeting of the association, the association shall pass a special resolution nominating—

(a) another association for the purpose of paragraph 92 (1) (a) of the Act; or

(b) a fund, authority or institution for the purpose of paragraph 92 (1) (b) of the Act,

in which it is to vest its surplus property in the event of the dissolution or winding up of the association.

2.        An association nominated under paragraph (1) (a) must fulfil the requirements specified in subsection 92 (2) of the Act.

39. This association may affiliate with other associations incorporated in other jurisdictions, subject to them having the same Aim and Objectives.

 

APPENDIX 1 Sub-rule 3 (1)

APPLICATION FOR MEMBERSHIP OF ASSOCIATION

........................................................................................................Incorporated (incorporated under the Associations Incorporation Act 1991)

I, .....................................................................................................................

(full name of applicant)

of ....................................................................................................................

(address)

......................................................................................... hereby apply to become

(occupation)

a member of the above-named 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, .....................................................................................................................

(full name)

a member of the association, nominate the applicant,  for membership of the association.

.......................................

(Signature of proposer)

Date ................................

I, .....................................................................................................................

(full name)

a member of the association, second the nomination of the applicant, for membership of the association.

.......................................

(Signature of seconder)

Date ................................

 

 

APPENDIX 2 Sub-rule 30 (2)

FORM OF APPOINTMENT OF PROXY

I, .....................................................................................................................

(full name)

of ....................................................................................................................

(address)

being a member of ................................................................................................

(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 communication of the association (annual general meeting or other communication, as the case may be) to be held on the ..................................................................................

day of .............................................. 19 .......... and at any adjournment of that communication.

*My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insert details).

.......................................

(Signature of member

(*To be inserted if desired.) appointing proxy)

Date ................................

NOTE: A proxy vote may not be given to a person who is not a member of the association.

 

NOTE

1. Regulations 1991 No. 31 (in force under the Associations Incorporation Act 1991); notified in ACT Gazette on 3 December 1991; commenced on 1 January 1992.

The Associations Incorporation Regulations were amended by the Registrar-General (Consequential Provisions) Act 1993. The amendments are incorporated in this reprint.

For application, saving or transitional provisions relating to the amendments see the previously mentioned Act.

Table of Amendments

ad. = added or inserted

am. = amended

rep. = repealed

rs. = repealed and substituted

 

 

Provision How affected

Rr. 3, 4 am. Act No. 64, 1993

Rr. 6, 7 am. Act No. 64, 1993

Schedule am. Act No. 64, 1993

 

Reprinted 9th June 2005.