The Constitution of the Springwood & District Basketball Association Inc. (S&DBA Inc.) is based on the Model Rules for Associations incorporated under the” Model Rules for incorporated Associations” under the Associations Incorporations Act 1984. These model rules have been modified to include memberships requirements of the NSW Basketball Association and its Registration system.
· The S&DBA Inc. is a non profit organisation that does not operate for the profit or gain of its individual members.
· To foster a safe & friendly environment for all players to play and develop skills in the sport of basketball with the emphasis on participation, fun and good sporting attitude.
·To create and maintain a representative and refereeing program as a pathway of opportunity for players and referees to progress and develop their skills.
· To promote an environment for players, coaches, managers, officials and spectators to participate under a Code of Conduct endorsed by the Australian SportsCommission and adopted by the Springwood and District Basketball Association Inc.
· To provide opportunities for coaches to develop their skills and knowledge through courses, training camps and support from the appointed Coaches Executive.
· To promote a tribunal system that allows a fair and just hearing for all parties and is conducted in a just and professional manner.
2. NON PROFIT PURPOSE
3. DISSOLUTION OF ASSOCIATION
4. CATEGORIES OF MEMBERSHIP
5. Membership qualifications
6. APPLICATION for membership
7. Life membership
8. Cessation of membership
9. Membership entitlements
10. Register of members
11. Fees and subscriptions
12. Members’ liabilities
13. Resolution of internal disputes
14. Procedures for Complaints
15. DISCIPLINING OF MEMBERS
16. Right of appeal of disciplined member
17. Powers of the board
18. Constitution and membership
19. Election of members
20. Secretary
21. Treasurer
22. Casual vacancies
23. Removal of a Board member
24. Meetings and quorom
25. Formation of a Sub-committee
26. DELEGATED OFFICES
27. VOTING AND DECISIONS
28. ANNUAL GENERAL MEETING – holding of
29. Annual general meetings – calling of and business at
30. Special general meetings – calling of
31. Notice- SPECIAL GENERAL MEETING
32. Special resolution.
33. ADJOURNMENT
34. Making of decisions
35. Voting
36. SUBMISSION OF PROXIES
37. Insurance
38. Funds – source
39. Funds – management
40. Alteration of objects and rules
41. Common seal
42. CUSTODY OF BOOKS
43. Inspection of books
44. Service of notices
1. Definitions
In these rules: The name of the Association is Springwood and District Basketball Association Incorporated (S&D.B.A Inc. herein after called “the Association”) Board member means a member of the elected board. This person may or may not be someone who is 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. Board meeting means a general meeting of the Board other than an annual general meeting. Special General Meeting (S.G.M.) means a meeting held, in addition to an Annual General meeting, for a specific purpose. Annual General meeting (A.G.M) means an annual meeting designed to elect office bearers and for any other business as necessary. The Act means the Associations Incorporation Act 1984 or successor legislation. The Regulations means the Associations Incorporation Regulation 1999 or successor legislation. Absolute Majority means at least 75 percent of the total number of Board members. 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.
Part 2 Object of the Association
The association is a non profit organisation formed for the purpose of the promotion and development of basketball.
2. Non-profit purpose
The assets and income of the Association shall be applied solely in the furtherance of the above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the association.
3. On dissolution of the Association In the event of the association being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to another association or organisation with similar purposes which is not carried on for the profit or gain of its individual members.
4. Categories of Membership
The association shall recognise four (4) categories of membership.Registered Members, Life Members, Affiliated Members and Other Members...
(a) Registered members must have their primary registration with the Association and be financial. These members will also include parents of junior players under the age of 18 and non-playing coaches, managers and referees who have their primary registration with the association.
(b) Life members shall have primary registration with the Association, and all advantages as per paragraph 7.
(c) Affiliated members do not have primary registration with the Association and are not classified as a fully registered member.
(d) Other members have neither primary registration nor affiliation with the Association, however contribute to the Association in some other form. A reduced registration fee as set down by the Board shall apply to this type of registration.
5. Membership qualifications
A person is qualified to be a member of the association if: 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
(a) the person is a natural person:
(i) who has been nominated for membership of the Association as provided by rule 3, and
(ii) whom the Board of the Association has approved for membership of the association.
6. Application for membership
(1) The registration 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 person, nominated by the Board of the Association.
7. Life Membership
(1) Nomination for Life Membership The nomination of a person for life membership of the Association:
(a) must be made by a member of the Association in writing in the form set out in appendix 3 to these rules, and
(b) must have provided valuable service to the Association for a minimum of 15, consecutive or non-consecutive, years.
(2) Process for Nomination
(a) The Nomination Form as per Appendix 3 must be submitted to a Board member no later than the November Board Meeting.
(b) must be approved by a majority vote by the Board,
(c) will only be awarded at A.G.M.
(3) Entitlements of a Life Member
(a) will have their name added to a Perpetual Life Members Trophy,
(b) will receive a Life Members Badge and Springwood Scorchers Supporters Shirt.
(c) free entry to all S&DBA Inc basketball events and,
(d) may be invited to present awards at all basketball events and,
(e) the association will waiver the S&DBA Inc. component of annual registration fees.
8. Cessation of membership
A person ceases to be a member of the association if the person:
(a) dies, or
(b) membership is not renewed, or
(c) is expelled from the association. If a member is expelled no refund of any registration fees will be made.
9. Membership entitlements
A membership, which a person has by reason of being registered with the association:
(a) is not capable of being transferred or transmitted to another person;
(b) terminates on cessation of the person’s membership.
10. Register of members
(1) The person appointed by the Board 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.
(a) In the case of a member under the age of 18, the person appointed by the Board shall maintain a register of the Parent/Guardian whose name appears on the Registration form (appendix 1).
(2) The register of members must be kept at the principal place of administration of the association. It must be open for inspection, free of charge, by any member of the association at any reasonable hour to view their own details. Request to view any other registered members details will not be permitted due to privacy issues.
11. Fees and subscriptions
A member of the association must, based on their category of membership, pay to the association a set registration fee as set by the Board.
12. 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 of any outstanding individual debts.
13. Resolution of internal disputes
(1)(a) Any disputes relating to the business of the association, are to be referred in writing to the secretary of the association. Seven days notice must be provided for this referral whereby the matter will be presented at the next available Board meeting for discussion.
(b) Matters relating to child protection shall be onforwarded immediately by the Secretary to the Child Protection Officer (CPO). Failure to resolve the issue will 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.
14. Procedures for Complaints
(1) A person may lodge a complaint to the Board concerning any person who is associated with S&DBA Inc. who:
(a) has persistently refused or neglected to comply with a provision or provisions of the rules of the association, or
(b) has persistently and/or wilfully acted in a manner prejudicial to the interests of the association.
(2) On receiving such a complaint, the Board:
(a) must inform the accused in writing that a complaint has been lodged; and
(b) must give written notice to the person lodging the complaint, acknowledging receipt of their letter and that the other party has been notified: and
(c) must give the accused member at least 14 days from the time the notice is served within which to make submissions to the board in connection with the complaint, and
15. Disciplining of Members
(1) The Board may, by absolute majority expel, suspend or caution the member of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the alleged facts have been proved.
(2) The expulsion, suspension or caution takes effect immediately on resolution by the Board.
(3) If the Board expels, suspends or cautions a member, the secretary or person nominated by the board 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 board for having taken that action and of the member’s right of appeal under rule 16.
16. Right of appeal of disciplined member
(1) A member may lodge an appeal to the secretary of the Board against a resolution of the Board under rule 12 within 7 days after notice of the resolution is served on the member.
(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 Board, which is to convene a Special General meeting of the Board to be held within 14 days after the date on which the secretary receives the appeal from the member.
(4) At a S.G.M. of the Board convened under clause (3):
(a) no business other than the question of the appeal is to be transacted, and
(b) the Board and the member must be given the opportunity to state their respective cases verbally or in writing, or both, and
(c) the Board members present are to vote by secret ballot on the question of whether the resolution should be confirmedor revoked.
(5) If at the SGM the Board passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed and no further appeal may be made.
17. Powers of the Board
The Board is to be called the Board 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 Board to be necessary or desirable for the proper management of the affairs of the association.
18. Constitution and membership
Only registered members of the association can be elected to the Board
(1) The Board is to consist of:
(a) the office-bearers of the association, and
(b) 6 ordinary members, each of who is to be elected at the AGM of the association.
(2) The office-bearers of the association are to be:
(a) the president
(b) the vice-president
(c) the treasurer, and
(d) the secretary
(3) Each member of the Board is, subject to these rules, to hold office until the conclusion of the AGM 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 Board, the Board may appoint a registered or affiliated 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 next AGM following the date of the appointment.
(5) The Board has the power to invite ex officio members to attend Board meetings. Ex Officio members will not have voting rights and do not form part of the quorum.
19. Election of members
(1) Nominations of candidates for election as office-bearers of the association or as ordinary members of the Board:
(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),
(b) must be delivered to the secretary, or person nominated by the Board of the Association at least 7 days before the date fixed for the holding of the AGM. at which the election is to take place. The closing time for nominations on that day or the last available competition night shall be 9.00pm or as set out in a notice to the members by the Board and
(2) If insufficient nominations are received to fill all vacancies on the board, the candidates nominated are taken to be elected and casual vacancies shall be filled in accordance with paragraph 18.4.
(3) If insufficient further nominations are received, any vacant positions remaining on the board are taken to be casual vacancies.
(4) If the number of nominations received exceeds the number of vacancies to be filled, a secret ballot is to be held.
(5) The ballot for the election of office-bearers and ordinary members of the board is to be conducted at the AGM. in such usual and proper manner as the board may direct.
20. Secretary
(1) The secretary of the Association must, as soon as practicable after being appointed as secretary, lodge notice with the S&DBA of his/her address.
(2) It is the duty of the secretary to keep minutes of:
(a) all appointments of office-bearers and members of the Board,
(b) the names of members of the board present at a or a SGM and
(c) all proceedings at Board meetings, AGM and SGM.
(3) Minutes of proceedings at a meeting must be forwarded to all Board members at least 7 days prior to the next scheduled meeting. The majority of Board members at the next meeting must then accept the minutes.
21. 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,
(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.
(c) the Board may from time to time require an insurance that the financial reports prepared by the Treasurer show true and fair view of the performance of the association and its net asset position,
(d) any mandatory payments that do not require Board approval are made.
(e) The Treasurer is responsible for lodging all financial records as required with the Department of Fair Trading, tax returns and other records with the Australian Taxation Office and complying with any other financial requirements of the association.
22. Casual vacancies
For the purposes of these rules, a casual vacancy in the office of a Board member 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 23, or
(f) becomes a mentally incapacitated person, or
(g) is absent without the consent of the Board from 3 consecutive Board meetings, or
(h) takes up a position on the Board of another Basketball association.
23. Removal of a Board member
(1) The Board may at a Board or Special General meeting, by absolute majority, remove any Board member from the Board before the expiration of that member’s term of office. They may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(2) A member of the Board may be removed under rule 23(1) in the following circumstances
(a) acting in a contrary manner which brings the association into disrepute,
(b) undermining duly resolved decisions of the Board and policies of the association,
(c) not acting in accordance with the associations’ code of conduct,
(d) being found guilty of any child protection matter
(e) being found guilty in a court of law for any criminal behaviour and
(f) for any other reason the Board feels the association has been brought into disrepute.
(3) If a member of the board 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 Board 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.
24. Meetings and quorum
(1) The Board is recommended to meet at least 6 times in each period of 12 months at such place and time as the board may determine.
(2) Written notice of a meeting of the Board must be given by the secretary to each member of the board at least 48 hours (or such other period as may be unanimously agreed on by the members of the board) before the time appointed for the holding of the meeting.
(3) Notice of a meeting given under clause (2) must specify the general nature of the business to be transacted at the meeting.
(4) At least 50% of the Board constitutes a quorum for the transaction of the business of a meeting of the Board.
(5) No business is to be transacted by the board 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.
(6) 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.
(7) At a meeting of the Board:
(a) the president or, in the president’s absence, the vice-president is to preside, or
(b) if the president and the vice-president are absent or unwilling to act, one of the remaining members of the board as may be chosen by the members present at the meeting is to preside.
25. Formation of a Committee
(1) The Board may, establish a committee where it deems fit to exercise such functions as the Board specifies and may approach Association members to volunteer as committee members to assist the Board.
(2) The Board may remove a committee or committee member at any time.
(3) A responsibility, which has been delegated to a committee, may, while the delegation remains unrevoked, be exercised from time to time by the committee in accordance with the terms of the delegation.
(4) The Board may, by instrument in writing, revoke wholly or in part any delegation under this rule.
(5) A committee may meet and adjourn, as set by the committee. Meetings of the committee must be carried out as per the rules for the Board in Paragraph 24.
(6) Committees are to produce timely minutes for presentation at the next Board meeting
(7) Committees are to provide rules and procedures including quorum for Committees.
Roles & Responsibilities of Committee
(8) All committees shall have the authority to investigate and make recommendations to the Board. The Board must then ratify a committee’s recommendation before they are enforced.
26. Delegated Offices
(1) In order to achieve the aims of the Association, to provide efficient administration or to meet statutory requirements the Board may create and fill delegated offices on a paid or voluntary basis.
(2) Holders of delegated offices, including volunteers, may claim expenses associated with the function of the office as determined by the Board.
(3) Delegated offices may include, but are not limited to:
a) Stadium Administrator
b) Development Officer
c) Head Coach
d) Referee Educator
e) Court Controller
f) Referee Controller
g) Referees
h) Child Protection Officer
i) Publicity Officer
j) Web Master
(4) The Board shall insure that holders of delegated offices are aware of their duties and powers by providing a duty statement, a signed agreement, a letter of appointment or by providing ongoing mentoring and training.
(5) The Board may remove a person from a paid or voluntary office if:
(a) The Board determines that the office is no longer necessary
(b) The person holding the office becomes incapable of effectively discharging the duties of the office due to a conflict of interest, lack of qualification, incapacity or any other reason.
(c) The person holding the office acts in a way that damages the reputation of the Association. Removal of a person from a delegated office is by an absolute majority vote of the Board.
(6) Not withstanding any delegation, the Board has the authority to make decisions in any area of the Associations operations and may overrule any decision by a delegated officer.
27. Voting and decisions
(1) Decisions arising at a meeting of the Board or of any committee appointed by the Board are to be determined by a majority of the votes of members of the Board or committee present at the meeting.
(2) Each member present at a meeting of the Board or of any committee appointed by the Board (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any decision, the person presiding may exercise a casting vote.
(3) Subject to paragraph 24, the Board may act despite any committee member not being able to attend that particular meeting.
(4) Any act or decision by the Board or committee recommendation, which has been ratified by the Board, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the Board or committee.
Part 5 Meetings.
28. Annual General Meetings (AGM) – holding of
(1) With the exception of the first AGM 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 AGM 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 Director-General under section 26(3) of the Act.
29. Annual General Meetings – calling of and business at
(1) The AGM of the association is, subject to the Act and to rule 28, to be convened on such date and at such place and time as the board thinks fit.
(2) In addition to any other business which may be transacted at an AGM, the business of an AGM is to include the following:
(a) to report that the minutes of the previous AGM were accepted at the first board meeting following that AGM;
(b) to receive from the board a summary of the main activities of the association during the last 12 months;
(c) to elect office-bearers of the association and members of the board;
(d) to receive and consider the statement which is required to be submitted to members under section 26(6) of the Associations Incorporation Act 1984.
(3) All notices concerning the meeting must specify that it is an AGM.
(4) Notice of an AGM must be publicly posted one month prior to the date of the AGM.
30. Special General Meetings (S.G.M.) – calling of
(1) The Board may, whenever it thinks fit, convene a special general meeting of the association.
(2) The Board must, on the requisition in writing of at least 10 per cent of the total number of association registered 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) The board must convene a S.G.M. within 5 weeks after the date of receiving a requisition of registered members for the meeting.
31. Notice where Special General Meeting is called as a result of a requisition of registered members.
(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, place a public notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting. A copy of this notice must also be forwarded to the representative of the registered members generating this 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 the representative of the registered members generating the meeting 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 special general meeting is to be transacted at the meeting.
(4) A registered member desiring to bring any business before a Board meeting must give notice in writing of that business to the secretary, who must include that business in the next notice calling a Board meeting given after receipt of the notice from the member.
14 days notice must be given to the secretary stating the nature of the business.
32. 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 Director-General 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 Director-General.
33. Adjournment
(1) The person presiding at a Board 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 Board 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 board stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
34. Making of decisions
(1) A question arising at a Board meeting is to be determined on a show of hands (unless a secret ballot has been previously requested). The person presiding will then declare that a resolution has been carried unanimously, carried by majority vote or lost by majority vote. The person presiding/secretary must ensure that all votes are recorded in the minute book of the association. This will act as evidence of the vote for or against that resolution.
(2) At a board meeting of the association, a secret ballot may be demanded by the person presiding or by at least 3 members present in person (or by proxy) at the meeting.
(3) If a secret ballot is demanded at a Board meeting, the secret ballot must be taken;
(a) immediately in the case of a secret ballot which relates to the election of the person presiding 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 person presiding directs; and the resolution of the secret ballot on the matter is taken to be the resolution of the meeting on that matter.
35. Voting
(1) Board Meetings
(a) On any question arising at a board meeting of the association a Board member has one vote only.
(b) votes must be given personally. In the case of a proxy no member may hold more than two (2). Each proxy must be submitted in writing and cannot be applied to an amended resolution.
(c) In the case of equal votes on a motion at a board meeting, the president or vice president (in the president’s absence) of the meeting is entitled to exercise a casting vote.
(d) A Board member or proxy is not entitled to vote at any board meeting of the association unless all money due and payable by the member or proxy to the association has been paid.
(2) A.G.M.’s and S.G.M.’s
(a) Registered members over 18 years of age – these members each have one vote.
(b) Registered members under 18 years of age – the parent/guardian who signed the registration form is entitled to one vote on behalf of that registered member. Should this Parent/Guardian also be a registered member in their own right they will not be allowed to carry more than one vote in total. In this case, another parent/guardian who is not a registered member in their own right may submit a letter to the Board requesting they become the person to vote on the child’s behalf. This person must then be registered in the register of members (see 10.1.a).
(c) Life members have voting rights.
(d) Affiliated members have voting rights.
(e) Other members have voting rights.
36. Submission of proxies
(1) Submission of proxies must occur no later than 24 hours before the time of the A.G.M..
(2) The application for proxy is to be in the form set out in Appendix 2.
(3) All proxies must be verified by the person nominated by the Board in accordance with paragraph 10.1.(a).
37. Insurance
The association must effect and maintain membership and employee insurance.
38. Funds – Source
(1) The funds of the association are to be derived from court fees, entrance fees and annual registration of members, other levies, donations, sponsorship renumeration and canteen takings. Subject to any resolution passed by the association in general meeting, such other sources as the Board determines.
(2) All money held at the end of the days trading 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.
39. Funds – Management
(1) Subject to any resolution passed by the association in Board meetings, the funds of the association are to be used in pursuance of the objects of the association in such manner as the Board determines.
(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by the Treasurer and at least one other nominated person authorised by the Board.
40. 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.
41. 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 Board and the affixing of the common seal must be attested by the signatures either of 2 members of the board or of 1 member of the Board and of the public officer or secretary
42. 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.
43. Inspection of books
The records, books and other documents of the association must be open to inspection, free of charge, upon request by a member of the association, at any reasonable hour. The Board must ensure member privacy when such a request is made.
44. 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 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.