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