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Marketing initiatives etc. Labeling conflict Frequently Asked Questions Committee
Interpretation:
1. (1) In these rules except in so far as the context or subject-matter otherwise indicates or requires:
‘Association’ – means – Pokolbin & District Vignerons Association Inc.
‘Corporation’ - means - the same as under the Corporations Law
‘Related Corporation’ - means - a related body corporate within the meaning of that expression as contained in Section 9 of the Corporations Law.
"secretary" means:
(a) The person holding office under these rules as secretary of the Association, or
(b) Where no such person holds that office the public officer of the Association.
‘Special General Meeting’ means a general meeting of the Association other than annual general meeting.
‘Special Resolution’ – means a resolution of the Association which complies with Section 5(1) of the Act.
‘The Act’ means the Associations Incorporation Act, 1984.
‘The Regulation’ means the Associations Incorporation Regulation, 1985.
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 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.
Membership Qualifications:
2. A person is qualified to be a member of the Association if, but only if:
(a) The person:
(i) Has been nominated for membership of the Association as provided by rule 3, and
(ii) Has been approved for membership of the Association by ordinary resolution of the committee.
(b) Notwithstanding the foregoing a Corporation shall not be eligible for membership if it is a related Corporation to another Corporation which is a member of the Association.
3.1 (1) A nomination of a person for membership of the Association:
(a) Shall be made by a member of the Association in writing substantially in the form set out in Appendix 1 to these rules,
(b) Shall be lodged with the secretary of the Association together with,
(2) As soon as practicable after receiving a nomination for membership, the secretary shall refer the nomination to the committee which shall determine whether to approve or to reject the nomination.
(3) Where the committee 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 within the period of twenty eight (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 shall, on payment by the nominee of the amounts referred to in clause (3) within the period referred to in that clause, enter the nominee's name in the register of members and upon the name being so entered, the nominee becomes a member of the Association.
(5) The committee may at its discretion add to or amend Appendix 1.
3.2 (1) Membership shall be divided into two categories namely 'voting member' and 'associate member'.
(2) A ‘voting member’ shall be any person or corporation owning or occupying under any tenure:-
(a) A building within the area of the Hunter Wine Country Private Irrigation District whose purpose is the crushing of grapes or the making of wine; and/or
(b) Land having an area of not less than .50 of a hectare within the area of the Hunter Wine Country Private Irrigation District which land is:-
(i) planted to grapes grown for the purpose of wine making; or
(ii) is used as a nursery the principal purpose of which is the production of grape vines for wine making;
PROVIDED THAT if the member is a corporation which itself qualifies as aforesaid and has a related corporation which so qualifies that corporation and the related corporation shall be deemed to be one member.
(3) An 'associate member' shall be a person or corporation not being an owner or occupier of a vineyard or winery within the area of the Hunter Wine Country Private Irrigation District but interested in the objects of the Association. An ‘associate member’ shall have no voting rights whatsoever or rights to be elected to the committee but shall have the right to receive notice of and attend and speak at general meetings of the Association.
3.3 (1) Notwithstanding the foregoing the committee may in its absolute discretion admit any person as an Honorary Associate Member or as an Honorary Life Member without payment of an entrance fee or Annual Subscription and on such other conditions as it sees fit.
Cessation of membership:
4. A person ceases to be a member of the Association if the person:
(a) Dies,
(b) Resigns that membership, or:
(c) Is expelled from the Association,
(d) Ceases in the case of a voting member to hold at least one of the qualifications to be a voting member as set out in clause 3.2 (2),
(e) Becomes an insolvent under administration within the meaning of the Corporations Law,
(f) Ceases in the case of an associate member, to be interested in the objects of the Association pursuant to Clause 3.2 (3).
(g) Has not become financial by the next half yearly meeting after the due date in which case membership will cease after the giving of 30 days notice in writing of proposed cessation.
5. 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, except that in the case of members who are corporations, the membership shall be held by the corporation and not by any individual representative of that corporation whether or not that individual has been elected to the committee.
Resignation of membership:
6. (1) A member of the Association is not entitled to resign that membership except in accordance with this rule.
(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 notice (being not less than one (1) month or not less than such other period as the committee may determine) in writing to the secretary of the member's intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.
(3) Where a member of the Association ceases to be a member pursuant to clause (2), and in every other case where a member ceases to hold membership, 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. (1) The public officer of the Association shall 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 shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any member of the Association at any reasonable hour.
Fees, subscriptions etc.:
8. (1) A member of the Association shall, upon admission to membership of any class, pay to the Association a fee of $25.00 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 shall pay to the Association the annual membership fee as set out in Sub-Clause (3) hereof:
(a) Except as provided by paragraph (b), before 1st July in each calendar year, or
(b) Where the member becomes a member on or after 1st July in any calendar year - upon becoming a member and before 1st July in each succeeding calendar year.
(c) The committee may in its absolute discretion determine to change the date in any calendar year for payment of the annual subscription set out in Clauses 3(a) and (b) hereof and may determine whether a proportionate part of the annual subscription shall be paid by a person upon admission to membership having regard to the members date of admission.
(d) In any event the financial year of the Association shall run from lst July to 30th June in the following year.
(3) Subject to any further resolution of the committee the annual membership fee shall be as set out hereunder:
(a) In the case of voting members an amount of $75.
(b) In the case of associate members an amount of $40
(4) If a member is not financial at the annual general meeting, the member loses voting rights and membership entitlements.
Members' liabilities;
9. 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(1) (excluding any amount payable under rule 8(2)).
10. (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.
Disciplining of members:
11. (1) Where the committee is of the opinion 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 willfully acted in a manner prejudicial to the interests of the Association, the committee may, by resolution:
(c) Expel the member from the Association, or
(d) Suspend the member from membership of the Association for a specified period.
(2) A resolution of the committee under clause (1), is of no effect unless the committee, at a meeting held not earlier than fourteen (14) days and not later than twenty eight (28) days after service on the member of a notice under clause (3), but only after the occurrence of the circumstances set out in subclause 4, confirms the resolution in accordance with this rule and the provisions of clause 11(6) have been complied with.
(3) Where the committee passes a resolution under clause (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 committee and the grounds on which it is based.
(b) Stating that the member may address the committee at a meeting to be held not earlier than fourteen (14) days and not later than twenty eight (28) days after service of the notice.
(c) Stating the date, place and time of that meeting, and
(d) Informing the member that the member may do either or both of the following:
(i) attend and speak to that meeting.
(ii) submit to the committee at or prior to the date of that meeting written representation relating to the resolution.
(4) At a meeting of the committee held as referred to in clause (3) the committee shall:
(a) Give to the member an opportunity to make oral representations.
(b) Give due consideration to any written representation submitted to the committee by
the member at or prior to the meeting, and
(c) By resolution determine whether to confirm or to revoke the resolution.
(5) Where the committee confirms a resolution under clause (4), the secretary shall, within seven (7) days after that confirmation by notice in writing inform the member of the fact and of the member's right of appeal under rule II.
(6) A resolution confirmed by the committee under clause (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 pursuant to rule 12(4) .
Right of appeal of disciplined member:
12. (1) A member may appeal to the Association in general meeting against a resolution of the committee which is confirmed under rule 11(4), within seven (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 from a member under clause (1), the secretary shall notify the committee which shall convene a general meeting of the Association to be held within twenty one (21) days after the date on which the secretary received the notice.
(3) At a general meeting of the Association convened under clause (2):
(a) No business other than the question of the appeal shall be transacted.
(b) The committee and the member shall be given the opportunity to state their respective cases orally or in writing, or both, and
(c) The members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
(4) If at the general meeting the Association passes a special resolution in favour of the confirmation of the resolution the resolution is confirmed.
PART I I I
Powers, etc, of committee:
13. The committee shall 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) 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 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.
Constitution and membership:
14. (1) Subject in the case of the first members of the committee to section 21 of the Act, the committee shall consist of seven members, who shall appoint one of their number as the chairman, who shall also be known as the president, one of their number as the secretary, one of their number as a vice president and one of their number as the treasurer.
(2) No person shall be qualified to serve on the committee unless he or the corporation which he represents is a voting member of the Association.
(3) Except in the case of the president, the secretary and the treasurer, each member of the committee shall, subject to the rules, hold office until the conclusion of the annual general meeting following the date of election of such members of the committee, but is eligible for re-election. In case of the president, the secretary and the treasurer they shall, subject to these rules, each hold office until the conclusion of the second annual general meeting following the date of their election, that is for a two year term, but shall then be 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 qualified in accordance with clause 14(2) 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
Election of members:
15. (1) The nomination of candidates for election as member of the committee:
(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 form of nomination), and
(b) Shall be delivered to the secretary of the Association not less than seven (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 candidate’s nominations 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 committee shall be deemed to be casual vacancies.
(4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed 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 the committee shall be conducted at the annual general meeting in such usual and proper manner as the committee may direct but subject to the provisions for voting rights as set out hereunder.
Secretary:
16. (1) The secretary of the Association shall, as soon as practicable after being appointed 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.
(d) A register of members of the Association.
(3) Minutes of proceedings at a meeting shall be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
17. It is the duty of the treasurer of the Association to ensure that:
(a) All money due to the Association is collected and received and that all payments authorised by the Association are made, and
(b) 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. For the purposes of these rules, a casual vacancy in the office of a member of the committee occurs if the member:
(a) Dies.
(b) Ceases to be a member of the Association.
(c) Becomes an insolvent under administration within the meaning of the Corporations Law.
(d) Resigns office by notice in writing given to the secretary.
(e) Is removed from office under rule 19.
(f) Becomes of unsound mind or a person whose property or estate is liable to be dealt with in any way under the law relating to mental health, or
(g) Is absent without the consent of the committee from all meetings of the committee held during a period of six (6) months.
Removal of a member:
19. (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 of 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) Where 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 representations 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 they 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 and is entitled to address the general meeting of the Association at which the resolution referred to in clause 19(1) is to be considered.
Meetings and quorum;
20. (1) The committee shall meet at least 3 times in each period of twelve 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 shall be given by the secretary to each member of the committee at least 48 hours (or such other period as may be unanimously agreed upon 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) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall 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 shall 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 stands adjourned to be recalled at a time and place appointed by the Chairman.
(7) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall be dissolved.
(8) At a meeting of the committee:
(a) The president or, if the president is absent, the vice-president shall preside, or
(b) If the president and the vice-president is 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 shall preside.
21. (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 under this rule may, while the delegation remains un-revoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
(2) A function the exercise of which has been delegated to a sub-committee under this rule may, while unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation
(3) A delegation under this clause may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation.
(4) Notwithstanding any delegation under this rule, the committee 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 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.
Voting and decisions:
22. (1) Questions arising at a meeting of the committee or of any sub-committee appointed by the committee shall 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 questions, the person presiding may exercise a second or casting vote.
(3) Subject to rule 20(5), the committee may act notwithstanding 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 sub-committee appointed by the committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.
PART IV
Annual general meeting - the holding of:
23. (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 six (6) 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 eighteen (18) months after its incorporation under the Act, and
(b) Within the period of two (2) 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 Commission under section 26(3) of the Act.
Annual general meeting - calling of and business at:
24. (1) The annual general meeting of the Association shall, subject to the Act and to rule 23, 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 shall be:
(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 upon the activities of the Association during the last preceding financial year.
(c) To elect members of the committee, and
(c) To receive and consider the statement which is required to be submitted to members
pursuant to section 26(6) of the Act.
(3) An annual general meeting shall be specified as such in the notice convening it.
Special general meetings – calling of:
25 (1) The committee may, whenever it thinks fit, convene a special general meeting of the Association.
(2) The committee shall, on the requisition in writing of not less than 5 per cent of the total number of members excluding associate members, convene a special general meeting of the Association.
(3) A requisition of members for a special general meeting:
(a) Shall state the purpose or purposes of the meeting.
(b) Shall be signed by the members making the requisitions.
(c) Shall 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 one (1) month after the 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 three (3) months after that date.
(5) A special general meeting convened by a member or members as referred to in clause (4) Shall be convened as nearly as is practicable in the same manner as general meetings are convened by the committee and any member who thereby incurs expense is entitled to be reimbursed by the Association for any expense so incurred.
Notice:
26. (1) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the secretary shall, at least fourteen (14) days before the date fixed for the holding of the general meeting, cause to be sent by pre-paid mail to each member at the member's address appearing in the register of members, a notice specifying the place, date and time of the meeting and nature of the business proposed to be transacted at the meeting.
(2) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the secretary shall, at least twenty one (21) days before the date fixed for the holding of the general meeting, cause notice to be sent to each member in the manner provided in clause (1) 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 shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to 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 shall include that business in the next notice calling a general meeting given after receipt of the notice from the member.
Procedure:
26.27
(1) No item of business shall 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 upon the requisition of members shall be dissolved, and
(b) in any other case shall stand adjourned to the same day in the following week at the 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 not less than 3) shall constitute a quorum.
Presiding Member:
28. (1) The president or, in the president’s absence, the vice-president shall preside as chairperson at each general meeting of the Association.
(2) If the president and the vice-president are absent from a general meeting or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting.
Adjournment:
29. (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 shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2) Where a general meeting is adjourned for fourteen (14) days or more, the secretary shall 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 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. (1) A question arising at a general meeting 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 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 not less than 3 members present in person or by proxy at the meeting.
(3) Where a poll is demanded at a general meeting, the poll shall 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 shall be deemed to be the resolution of the meeting on that matter.
Special resolution:
31. A resolution of the Association is a special resolution if:
(a) It is passed by a majority which comprises not less than three-quarters of the vote 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 not less than twenty one (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 Commission that it is not possible or practicable for the resolution to be passed in the manner specified in paragraph (a) - the resolution is passed in a manner specified by the Commission.
Voting:
32. (1) On any question arising at a general meeting of the Association a member has one vote only and the question arising shall be decided by a simple majority vote.
(2) All votes must be given personally or by proxy but no member may hold more than 5 proxies. (Appendix 2 Form of Appointment of Proxy)
(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 voting member or proxy is not entitled to vote at any general meeting of the Association unless all money due and payable by the member to the Association has been paid.
(5) On or before every general meeting every corporate member of the Association shall give to the secretary written notice of the person who is authorised by the Corporation to attend and vote on behalf of the Corporation. Such voter may not be a voting member of the Association in their own right. (Appendix 3 Form of Appointment of Voter by Corporate Member).
Insurance:
34. (1) The Association shall effect and maintain insurance pursuant to section 44 of the Act.
(2) In addition to the insurance required under clause (1), the Association may effect and maintain other insurance.
Funds - source:
35. (1) The funds of the Association shall 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 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.
Funds – management:
36. (1) Subject to any resolution passed by the Association in general meeting, the funds of the Association shall be used in pursuance of the objects of the Association in such manner as the committee determines.
(2) Subject to any further resolution of the committee all cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall 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.
Alteration of objects and rules:
37. The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the Association.
Common seal:
38. (1) The common seal of the Association shall be kept in the custody of the public officer.
(2) The common seal shall not be affixed to any instrument except by the authority of the committee and the affixing of the common seal shall 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.
Custody of books, etc:
39. Except as otherwise provided by the rules, the public officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the Association.
Inspection of books, etc.:
40. The records, books and other documents of the Association shall be open to inspection, free of charge, by a member of the Association at any reasonable hour.
Service of notice:
41. (1) For the purpose of these rules, a notice may be served by or on behalf of the Association upon any member:
(a) by delivering it to the person personally, or
(b) by sending it by mail to the member at the member's address shown in the register of members, or
(c) by sending it by facsimile or some other form of electronic transmission to an address specified by the person for giving or serving 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 post in the ordinary course of the post, and
(c) in the case of a notice sent by facsimile or by 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.
Surplus property:
42. (1) At the first general meeting of the Association the Association shall pass a special resolution nominating an incorporated association as the Association in which is to vest its surplus property pursuant to section 53 (2) of the Act in the event of the winding up or the cancellation of the incorporation of the Association.
(2) The incorporated association so nominated shall be one which fulfils the requirements specified in section 53 (2) (a) - (c) of the Act.
(3) A distribution of surplus property referred to in subclause (1) hereof must not be made to any member or former member of the Association, or to any person to be held on trust for any member or former member of the Association unless the member or former member is an Association (whether incorporated or unincorporated) that at the time of the distribution has rules preventing the distribution of property to its members.
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