SQEBF ConstitutionContents 1. Interpretation 1 INTERPRETATION(1) In these rules – Act means the Association Incorporation Act 1981. Present means (a) at a management meeting, see rule 23 (6); or (b) at a general meeting, see rule 37 (2). (2) A word or expression that is not defined in these model rules, but is defined in the Act has, if the context permits, the meaning given by the Act. 2 NAMEThe name of the incorporated Federation is Southern Queensland Eight Ball Federation Incorporated. 3 OBJECTSThe objects of the Federation are – (1) To foster, encourage and stimulate interest in the sport of Cue Sports while endeavouring to maintain high standards of science and sportsmanship in the playing of Cue Sports as well as providing advice on all matters pertaining thereto. (2) To be the accredited representatives of all who play Cue Sports and to promote the welfare of such athletes; to take such action as may be deemed expedient and generally control in the [name of federation the sport of Cue Sports. (3) To promote the culture of the game of Cue Sports in any way the Federation shall determine to be proper, including the maintenance and support of Associations for promoting and playing the said sport. (4) To foster, encourage and provide where possible, facilities for playing the said sport. (5) To determine, from time to time, the qualifications of Referees and Officials and to conduct examinations and issue certificates of qualifications accordingly, subject to such conditions as may be determined. (6) To promote and hold, either alone or jointly with any other Federations, Associations or persons, Cue Sports contests, tournaments, competitions and matches and to offer, give or contribute towards prizes, medals and awards, and to give or guarantee any prize money and expenses whether for members, professionals or other persons, and by these or like means to encourage the culture of Cue Sports and to promote, give or support dinners, balls, social gatherings or other entertainments. (7) To establish, acquire, print, publish or circulate, sell or otherwise deal with any publication of Cue Sports. (8) To determine any differences arising between athletes with regard to the interpretation of the rules of the sport and to take all such steps as the Association may deem necessary for the enforcing a correct interpretation of the rules and to prevent any infringement thereof or the introduction of improper methods or practises in such sports and the protection of the athletes and the public from abuse thereby. (9) To promote, manage and control matches for Federation Championships and subject as aforesaid, to make adopt and vary rules, regulations, by-laws and conditions for the conduct and regulations of such matches. (10) To manage all funds and assets of the Federation and generally to give effect to any other matters incidental or conductive to the furtherance of the objects and aims of the Federation. (11) To hear, investigate and adjudicate upon any charge against any affiliated Associations within the Federation or against any member of this Federation and to take such action as may be deemed advisable. 4 POWERS(1) The Federation has the powers of an individual. (2) While acting to further the objects of the Federation, the Federation may- (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) make charges for services and facilities it supplies; and (d) make payments for the services and facilities it consumes; and (e) do other things necessary or convenient to be done in carrying out its affairs. (3) The Federation may also issue secured and unsecured notes, debentures and debenture stock for the Federation. (4) The Federation may subscribe to, become a member of and cooperate with any other entity including a person, association, sub association, league, club, organisation or institution, whether incorporated or not providing that entity- (a) has objects that are altogether or in part similar to those of the federation, and (b) prohibits the distribution of its income and property among its members to an extent at least as great as that imposed on the federation under or by virtue of rule 49. (5) To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or Indirectly to advance the Federations interests, and to contribute to, subsidise or otherwise assist and take part in the construction, improvement, maintenance, development working, management, carrying out, alteration or control thereof. (6) To invest and deal with the money of the federation not immediately required in such manner as may from time to time be thought fit. (7) In furtherance of the objects of the federation lend and advance money or give credit to any person or body corporate; to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts of obligations by any person or body corporate, and otherwise to assist any person or body corporate. (8) In furtherance of the objects of the federation to sell, improve, manage, develop, exchange, lease, dispose of, turn to account otherwise deal with all or any part of the property and rights of the federation. (9) To take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the Association’s property of whatsoever kind sold by the federation, or any money due to the federation from purchases and others. (10) To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the federation, in the shape of donations, annual subscriptions or otherwise. (11) To print and publish any websites, newspapers, periodicals, books or leaflets that the federation may think desirable for the promotion of its objects. (12) In furtherance of the objects of the federation to purchase or otherwise acquire and undertake all or part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the federation is authorised to amalgamate. (13) To make donations for patriotic, charitable or community purposes where those donations are justified by the financial position of the association at the time of the donation. (14) To do all such other things as are incidental or conductive to the attainment of the objects and the exercise of the powers of the Federation. 5. MEMBERSHIP(1) The Federation shall consist of those incorporated organisations listed in the Membership Schedule of this Constitution, who have similar objects to those of the Federation. Further members may be added from time to time. (2) Cessation of Membership A member shall cease to be a member if they: (a) advise the Secretary In writing of their withdrawal from the Federation; or (b) are expelled by the Management committee after due process for a major breach of the constitution, by-laws or rules of the Federation, misconduct or actions that are deemed to be not in the best interests of eightball or the Federation; or (c) become insolvent or are wound up. (3) individual members All members of the Zone Committee and Management committee, and of member associations are automatically “individual members” of the Federation; but only member associations can appoint delegates to the Zone Committee. (4} Financial Status Members of the Management committee and the Zone Committee must be a financial member of a member association. (5) Limitations The membership of the Federation shall have the following limitations (a) the number of life Members will be limited by decision of the management committee from time to time. (b) the number of affiliated members is unlimited 6. MEMBERSHIP AND LEVIES(1) Setting fees and levies The level of membership fees and other levies payable from time to time to cover the operational costs of the Federation shall be determined annually by the Zone Committee at the AGM. 7. NEW MEMBERSHIP(1) New applications for membership of affiliated associations must be proposed by one (1) member of the affiliated association (the proposer) and seconded by another member (the seconder). (2) An application for membership must be- (a) in writing; and (b) signed by the applicant and the applicants proposer and seconder; and (c) in the form decided by the management committee. 8 MEMBERSHIP FEES(1) The membership fee for each affiliated association membership and for each other class of membership (if any)- (a) is the amount decided by the affiliated association from time to time at a management committee meeting; and (b) is payable when, and in the way, decides. 9. ADMISSION AND REJECTION OF NEW MEMBERS(1) The Federation must consider an application for membership at the next committee meeting held after it receives- (a) the application for membership; and (b) the appropriate membership fee for the application. (2) The Federation must ensure that, as soon as possible after the person applies to become a member of the Federation, and before the management committee considers the persons application, the person is advised- (a) whether or not the Federation has public liability insurance; and (b) if the Federation has public liability insurance- the amount of insurance. (3) The Federation must decide at the meeting whether to accept or reject the application. (4) If a majority of the members of the management committee present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member for the class of membership applied for. (5) The secretary of the Federation must, as soon as practicable after the management committee decides to accept or reject an application, give the applicant a written notice of the decision. 10. WHEN MEMBERSHIP ENDS(1) A member association may resign from the Federation by giving a written notice of resignation to the secretary. (2) The resignation takes effect at- (a) The time the notice is received by the secretary; or (b) If a later time is stated in the notice- the later time. (3) The Federation may terminate a members membership if the member- (a) is convicted of an indictable offence; or (b) does not comply with any of the provisions of these rules; or (c) has membership fees in arrears for at least 2 months; or (d) conducts himself or herself in a way considered to be injurious or prejudicial to the character of interests of the affiliated association. (e) before the Federation terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated. (f) If, after consideration all representations made by the member, the management committee decides to terminate the membership, the secretary of the committee must give the member a written notice of the decision. 11. APPEAL AGAINST REJECTION OF TERMINATION OF MEMBERSHIP(1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary of the affiliated association written notice of the person’s intention to appeal against the decision. (2) A notice of Intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision. (3) If the secretary receives a notice of intention to appeal, the secretary must, within 1 months after receiving the notice, call a general meeting to decide to appeal. 12. GENERAL MEETING TO DECIDE APPEAL(1) The general meeting to decide an appeal must be held within 4 months after the secretary of the affiliated association receives the notice of intention to appeal. (2) At the meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated. (3) Also, the management committee and the members of the affiliated associations committee who rejected the application or terminated the membership must be given a full and fair opportunity to show why the application should be rejected or the membership should be terminated. (4) An appeal must be decided by a majority vote of the members present and eligible to vote at the meeting. (5) If a person whose application for membership has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the membership fee paid by the person. 13. REGISTER OF MEMBERS(1) The affiliated association must keep a register of members of their association. (2) The register must include the following particulars for each member- (a) The full name of the member; (b) The postal address of the member; (c) The date of admission as a member (d) The date of death or time of resignation of the member; (e) Details about the termination or reinstatement of membership; (f) Any other particulars the affiliated association’s management committee or the members at the general meeting decide. (3) The register must be open for inspection by members of the affiliated association at all reasonable times. (4) A member must contact the secretary to arrange an inspection of the register. (5) However, the management committee may, on the application of a member of the affiliated association or through its own discretion, withhold information about the member (other than the members full name) from the register available for inspection if the affiliated associations management committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm. 14. PROHIBITION ON USE OF INFORMATION ON REGISTER OF MEMBERS(1) A member of the affiliated association must not- (a) use information obtained from the register of members of the affiliated association to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or (b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes. (2) Sub rule (1) does not apply if the use of disclosure of the information is approved by the association. 15. MANAGEMENT COMMITIEE(1) Members (a) Subject to the provisions of this Constitution, at each AGM the Zone Committee shall elect the Management committee comprising;
(2) Nominations (a) Written nominations for all Management Committee positions, endorsed by at least two (2) officials of a Member organisation or two (2) members of the Management Committee, and shall be lodged with the Secretary at least two (2) weeks prior to an AGM. (b) If no nominations are duly received, they may be taken from the floor of the AGM. (3) Office Bearing Retiring (a) Office Bearers not standing for positions should notify the Secretary, six (6) weeks prior to an AGM to allow other interested people to nominate for the positions. (4) One Year Terms Office Bearers are elected for a one (1) year term. (5) Casual Vacancies Any casual vacancy occurring on the Management committee may be filled by the Management committee until the next AGM. (G) Function The day to day affairs of the Federation shall be managed and controlled by the Management committee 16. RESIGNATION, REMOVAL OR VACATION OF OFFICE OF MANAGEMENT COMMITIEE MEMBER(1) A member of the management committee may resign from the committee by giving written notice of resignation to the secretary. (2) The resignation takes effect at- (a) The time the notice is received by the secretary; or (b) If a later time is stated in the notice- the later time. (3) A member may be removed from office at a general meeting of the Federation if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member. (4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office. (5) A member has no right of appeal against the member’s removal from office under this rule. (6) A member immediately vacates the office of member in circumstances mentioned in section 64(2) of the Act. 17. VACANCIES ON MANAGEMENT COMMITTEE(1) If a casual vacancy happens on the management committee, the continuing members of the committee may appoint another member of the Federation to fill the vacancy until the next annual general meeting. (2) The continuing members of the management committee may act despite a casual vacancy on the management committee. (3) However, if the number of committee members is less than the number fixed under rule 24(1) as a quorum of the management committee, the continuing members may act only to- (a) increase the number of management committee members to the number required for a quorum; or (b) call a general meeting of the Federation. 18. FUNCTIONS OF MANAGEMENT COMMITTEE(1) Subject to these rules or a resolution of the members of the Federation carried at a general meeting, the management committee has the general control and management of the administration of the affairs, property and funds of the association. (2) The management committee has authority to interpret the meaning of these rules and any matter relating to the Federation on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act. Note- The Act prevails if the Federation rules are inconsistent with the Act- see section 1 of the Act. (3) The management committee may exercise the powers of the Federation- (a) To borrow, raise or secure the payment of amounts in a way the members of the Federation decide; and (b) To secure the amounts mentioned in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Federation in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the Federations property, both present and future; and (c) To purchase, redeem or pay off any securities Issues; and (d) To borrow amounts from members and pay interest on the amounts borrowed; and (e) To mortgage or charge the whole or part of its property; and (f) To issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the Federation; and (g) To provide and pay off any securities issues; and (h) To invest in a way the members of the Federation may from time to time decide. (4) For sub rule (3)(d) the rate of interest must not be more than the current rate being charged for overdrawn accounts on money lent (regardless of the term of the loan) by- (a) The financial institution for the association; or (b) If there is more than 1 financial institution for the Federation- the financial institution nominated by the management committee. 19. MEETING OF MANAGEMENT COMMITTEE(1) Subject to this rule, the management committee may meet and conduct its proceedings as it considers appropriate. (2) The management committee must meet at least once every 3 months to exercise its functions. (3) The management committee must decide how a meeting is to be called. (4) Notice of a meeting Is to be given in the way decided by the management committee. (5) The management committee may hold meetings, or permit a committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen. (6) A committee member who participates In the meeting as mentioned in sub rule (5) is taken to be present at the meeting. (7) A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the question is decided in the negative. (B) A member of the management committee must not vote on a question about a contract or proposed contract with the association if the member has an interest in the contract or proposed contract and, if the member does vote, the members vote must not be counted. (9) The president is to preside as chairperson at a management committee meeting. (10) If there is no president or if the president is not present within 10 minutes after the time fixed for a management committee meeting, the members may choose 1 of their number to preside as chairperson at the meeting.
20. QUORUM FOR, AND ADJOURNMENT OF, MANAGEMENT COMMITTEE MEETING(1) At a management committee meeting, more than SO% of the members elected to the committee as at the close of the last general meeting of the members form a quorum. (2) If there is no quorum within 30 minutes after the time fixed for a management committee meeting call on the request of members of the committee, the meeting lapses. (3) If there is no quorum within 30 minutes after the time fixed for a management committee meeting called other than on the request of members of the committee- (a) The meeting is to be adjourned for at least 2 day; and (b) The members of the management committee who were present are to decide the day, time and place of the adjourned meeting. (4) If, at an adjourned meeting mentioned in sub rule (3), there is no quorum within 30 minutes after the time fixed for the meeting, the meeting lapses. 21. SPECIAL MEETING OF MANAGEMENT COMMITTEE(1) If the secretary receives a written request signed by at least 33% of the members of the management committee, the secretary must call a special meeting of the committee by giving each member of the committee notice of the meeting within 14 days after the secretary receives the request. (2) If the secretary is unable or unwilling to call the special meeting, the president must call the meeting. (3) A request for a special meeting must state- (a) Why the special meeting is called; and (b) The business to be conducted at the meeting. (4) A notice of the special meeting must state- (a) The day, time and place of the meeting; and (b) The business to be conducted at the meeting. (5) A special meeting of the management committee must be held within 14 days after notice of the meeting is given to the members of the management committee. 22. MINUTES OF MANAGEMENT COMMITIEE MEETINGS(1) The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each management committee meeting are entered in a minute book. (2) To ensure the accuracy of the minutes, the minutes of each management committee meeting must be signed by the chairperson of the meeting, or the chairperson of the next management committee meeting, verifying their accuracy.
23. APPOINTMENT OF SUBCOMMITIEES(1) The management committee may appoint a subcommittee consisting of members of the association considered appropriate by the committee to help with the conduct of the associations operations. (2) A member of the subcommittee who is not a member of the management committee is not entitled to vote at a management committee meeting. (3) A subcommittee may elect a chairperson of its meetings. (4) If a chairperson is not elected, or if the chairperson is not present within 10 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting. (5) A subcommittee may meet and adjourn as it considers appropriate. (6) A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative. 24. ACTS NOT AFFECTED BY DEFECTS OR DISQUALIFICATIONS(1) An act performed by the management committee, a subcommittee or a person acting as a member of the management committee is taken to have been validly performed. (2) Sub rule (1) applies even if the act was performed when- (a) There was a defect In the appointment of a member of the management committee, subcommittee or person acting as a member of the management committee; or (b) A management committee member, subcommittee member or person acting as a member of the management committee was disqualified from being a member. 25. FIRST ANNUAL GENERAL MEETINGThe first annual general meeting must be held within 6 months after the end date of the Federations first reportable financial year. 26. BY-LAWSThe Management committee is empowered to make By-laws governing the conduct of Federation business or events and the behaviour of individual members and players and official of the Federation. Such By-laws shall details the procedures and penalties applying In the case of any breach of approved codes of conduct or other rules of the Federation. 27. SUBSEQUENT ANNUAL GENERAL MEETINGS(1) Each subsequent annual general meeting must be held- (a) At least once each year; and (b) Within 6 months after the end date of the Federations reportable financial year. 28. BUSINESS TO BE CONDUCTED AT ANNUAL GENERAL MEETING OF LEVEll INCORPORATED ASSOCIATIONS AND PARTICULAR LEVEL 2 AND 3 INCORPORATED ASSOCIATED(1) This rule applies only if the association is- (a) A Ieveil incorporated association; or (b) A level 2 incorporated association to which section 59 of the Act applies; or (c) A level 3 Incorporated association to which section 59 of the Act applies (2) The following business must be conducted at each annual general meeting of the association- (a) Receiving the association’s financial statement, and audit report, for the last reportable financial year; (b) Presenting the financial statement and audit report to the meeting for adoption; (c) Electing members of the management committee; (d) For a Ieveil incorporated association- appointing an auditor or an account for the present financial year; (e) For a level2 incorporated associations, or a level 3 incorporated association, to which section 59 of the Act applies- appointing an auditor, an accountant or an approved person for the present financial year. 29. BUSINESS TO BE CONDUCTED AT ANNUAL GENERAL MEETING OF OTHER LEVEL2 INCORPORATED ASSOCIATIONS(1) This rule applies only if the association is a level 2 incorporated association to which section 59A of the Act applies. (2) The following business must be conducted at each annual general meeting of the Associatlon- (a) Receiving the association’s financial statement, and signed statement, for the last reportable financial year; (b) Presenting the financial statement and signed statement to the meeting for adoption; (c) Electing members of the management committee; (d) Appointing an auditor, an accountant or an approved person for the present financial year. 30. BUSINESS TO BE CONDUCTED AT ANNUAL GENERAL MEETING OF OTHER LEVEL 3 INCORPORATED ASSOCIATIONS(1) This rule applies only if the association is a level3 incorporated association to which section 59B of the Act applies. (2) The following business must be conducted at each annual general meeting of the association- (a) Receiving the association’s financial statement, and signed statement, for the last reportable financial year; (b) Presenting the financial statement and signed statement to the meeting for adoption; (c) Electing members of the management committee. 31. NOTICE OF GENERAL MEETING(1) The secretary may call a general meeting of the association. (2) The secretary must give at least 14 days’ notice of the meeting to each of the affiliated associations (3) If the secretary is unable or unwilling to call the meeting, the president must call the meeting. (4) The management committee may decide the way in which the notice must be given. (5) However, notice of the following meetings must be given In writing- (a) A meeting called to hear and decide the appeal of a person against the management Committee’s decision- (b) To reject the person’s application for membership of the association; or (c) To terminate the person’s membership of the association; (d) A meeting called to hear and decide a proposed special resolution of the association. (e) A notice of a general meeting must state the business to be conducted at the meeting. 32. QUORUM FOR, AND ADJOURNMENT OF, GENERAL MEETING(1) The quorum for a general meeting is at least the number of members elected or appointed to the management committee at the close of the association’s last general meeting plus 1. (2) However, if all members of the association are members of the management committee, the Quorum is the total number of members less 1. (3) No business may be conducted at a general meeting unless there is a quorum of members when the meeting proceeds to business. (4) If there is no quorum within 30 minutes after the time fixed for a general meeting called on the request of members of the management committee or the association, the meeting lapses. (5) If there is no quorum within 30 minutes after the time fixed for a general meeting called other than on the request of members of the management committee or the association- (a) The meeting is to be .adjourned for at least 7 days; and (b) The management committee is to decide the day, time and place of the adjourned meeting. (6) The chairperson may, with the consent of any meeting at which there is a quorum, and must if directed by the meeting, adjourn the meeting from time to time and from place to place. (7) If a meeting is adjourned under sub rule (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting. (8) The secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days. (9) If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting. 33. Procedure at general meeting(1) A member may take part and vote in a general meeting in person, by proxy, by attorney or by using any technology that reasonably allows the member to hear and take part in discussions as they happen. (2) A member who participates in a meeting as mentioned in sub rule (1) is taken to be present at the meeting. (3) At each general meeting- (a) The president is to preside as chairperson; and (b) If there is no president or if the president is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the vice-president is to preside as chairperson; and (c) If there is no vice-president or if the vice-president is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the members present must elect 1 of their number to be chairperson of the meeting; and (d) The chairperson must conduct the meeting in a proper and orderly way. 34· Voting at general meeting(1) At a general meeting, each question, matter or resolution, other than a special resolution, must be decided by a majority of votes of the members present. (2) Each member present and eligible to vote is entitled to 1 vote only and, if the votes are equal, the chairperson has a casting vote as well as a primary vote. (3) A member is not entitled to vote at a general meeting if the member’s annual subscription is in arrears at the date of the meeting. (4) The method of voting is to be decided by the management committee. (5) However, if at least 20% of the members present demand a secret ballot, voting must be by secret ballot. (6) If a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot in the way the chairperson decides. (7) The result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held. 35. Special general meeting(1) The secretary must call a special general meeting by giving each member of the association notice of the meeting within 14 days after- (a) being directed to call the meeting by the management committee; or (b) being given a written request signed by- (i) At least 33% of the number of members of the management committee when the request is signed; or (ii) At least the number of ordinary members of the association equal to double the number of members of the association on the management committee when the request is signed plus 1; or (c) Being given a written notice of an intention to appeal against the decision of the management committee- (i) To reject an application for membership; or (ii) To terminate a person’s membership. (2) A request mentioned in sub rule (1)(b) must state- (a) Why the special general meeting is being called; and (b) The business to be conducted at the meeting. (3) A special general meeting must be held within 3 months after the secretary- (a) Is directed to call the meeting by the management committee; or (b) Is given the written request mentioned in sub rule (1)(b); or (c) Is given the written notice of an intention to appeal mentioned in sub rule (1)(c). (4) If the secretary is unable or unwilling to call the special meeting, the president must call the meeting. 36. Proxies(1) An instrument appointing a proxy must be in writing and be in the following or similar form- (Name of association): _________ ,of , being a member of the association, appoint _________ ,of as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on __ the_ day of ______ 20 14 and at any adjournment of the meeting. Signed this Signature day of 20 (2) The instrument appointing a proxy must- (a) If the appointer is an individual-be signed by the appointer or the appointer’s attorney properly authorised in writing; or (b) If the appointer is a corporation- (i) Be under seal; or (ii) Be signed by a properly authorised officer or attorney of the corporation. (3) A proxy may be a member of the association or another person. (4) The instrument appointing a proxy is taken to confer authority to demand or join In demanding a secret ballot. (5) Each instrument appointing a proxy must be given to the secretary before the start of the meeting or adjourned meeting at which the person named in the instrument proposes to vote. (6) Unless otherwise instructed by the appolnter, the proxy may vote as the proxy considers appropriate. (7) If a member wants a proxy to vote for or against a resolution, the instrument appointing the proxy must be in the following or similar form- [Name of association): _________ .of , being a member of the association, appoint _________ .of as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on __ the_ day of ______ 20 14 and at any adjournment of the meeting. Signed this Signature day of 20 This form is to be used *in favour off/against [strike out whichever is not wanted) the following resolutions- [List relevant resolutions) 37. Minutes of general meetings(1) The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each general meeting are entered In a minute book. (2) To ensure the accuracy of the minutes- (a) the minutes of each general meeting must be signed by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and (b) the minutes of each annual general meeting must be signed by the chairperson of the meeting, or the chairperson of the next meeting of the association that is a general meeting or annual general meeting, verifying their accuracy. (3) If asked by a member of the association, the secretary must, within 28 days after the request is made- (a) make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and (b) give the member copies of the minutes of the meeting. (4) The association may require the member to pay the reasonable costs of providing copies of the minutes. 38. Alteration of rules(1) Subject to the Act, these rules may be amended, repealed or added to by a special resolution carried at a general meeting. (2) However an amendment, repeal or addition Is valid only If It Is registered by the chief executive. (3) The Management committee may exercise all such powers and do all such things that are necessary to achieve or facilitate attainment of the objects of the Federation and from time to time any such business not covered by the Constitution may be introduced on a trial basis until the next AGM. 39. Common seal(1) The management committee must ensure the association has a common seal. (2) The common seal must be- (a) kept securely by the management committee; and (b) used only under the authority of the management committee. (3) Each instrument to which the seal is attached must be signed by a member of the management committee and countersigned by- (a) the secretary; or (b) another member of the management committee; or (c) someone authorised by the management committee. 40. Funds and accounts(1) The funds of the association must be kept in an account in the name of the association in a financial institution decided by the management committee. (2) Records and accounts must be kept In the English language showing full and accurate particulars of the financial affairs of the association. (3) All amounts must be deposited in the financial institution account as soon as practicable after receipt. (4) A payment by the association of $100 or more must be made by cheque or electronic funds transfer. (5) If a payment of $100 or more is made by cheque, the cheque must be signed by any 2 of the following- (a) the president; (b) the secretary; (c) the treasurer; (d) any 1 of 3 other members of the association who have been authorised by the management committee to sign cheques issued by the association. (6) However, 1 of the persons who signs the cheque must be the president, the secretary or the treasurer. (7) Cheques, other than cheques for wages, allowances or petty cash recoupment, must be crossed not negotiable. (8) A petty cash account must be kept on the imprest system, and the management committee must decide the amount of petty cash to be kept in the account. (9) All expenditure must be approved or ratified at a management committee meeting. 41. General financial matters(1) On behalf of the management committee, the treasurer must, as soon as practicable after the end date of each financial year, ensure a financial statement for its last reportable financial year is prepared. (2) The income and property of the Federation must be used solely in promoting the Federation objects and exercising the Federations powers. 42. DocumentsThe management committee must ensure the safe custody of books, documents, instruments of title and securities of the Federation. 43. Financial yearThe end date of the Federations financial year will be 31″ December. 44. Distribution of surplus assets to another entity(1) This rule applies if the Federation- (a) is wound-up under part 10 of the Act; and (b) has surplus assets. (2) The surplus assets must not be distributed among the members of the Federation. (3) The surplus assets must be given to another entity- (a) having objects similar to the FEderations’s objects; and (b) the rules of which prohibit the distribution of the entity’s income and assets to its members. (4) In this rule- surplus assets see section 92(3) of the Act. |
