Canberra Society of Editors Incorporated
CONSTITUTION
Contents
1. Interpretation
2. Objectives
3. Classes of membership and membership qualifications
4. Nomination for membership
5. Membership entitlements not transferable
6. Cessation of membership
7. Resignation of membership
8. Fees, subscriptions etc.
9. Members' liabilities
10. Disciplining of members
11. Right of appeal of disciplined member
12. Powers of the Committee
13. Constitution and membership
14 Election of Committee members
15 Secretary
16 Treasurer
17 Vacancies
18 Removal of Committee members
19 Committee meetings and quorum
20 Delegation by Committee to subcommitte
21 Voting and decisions
22 Annual general meetings - holding of
23 Annual general meetings - calling of and business at
24 General meetings - calling of
25 Notice
26 General meetings - procedure and quorum
27 Presiding member
28 Adjournment
29 Making of decisions
30 Voting
31 Appointment of proxies
32 Funds - source
33 Funds - management
34 Alteration of objects and rules
35 Common seal
36 Custody of books
37 Inspection of books
38 Service of notice
39 Surplus property
I - Preliminary
1. Interpretation
(1) In these rules -
financial year means the year ending on 30 June.
majority
vote means a vote at a meeting where more than half
of the members of the Society who, being entitled to vote, vote in favour of
the motion either in person at the meeting or by proxy.
member means a member, however described, of the Society.
ordinary
Committee member means a member of the Committee
who is not an office-bearer of the Society as referred to in rule 13 (1) (a).
rule,
rules, subrule and subrules means the following
clauses and subclauses which, collectively, constitute the Constitution of the
Canberra Society of Editors Incorporated.
secretary
means the person holding office under this
Constitution as secretary of the Society or, where no such person holds that
office, the public officer of the Society.
special
resolution refers to a resolution required, under
the Act, to be passed at a general meeting by at least three quarters of
members of the Society who, being entitled to vote, vote either in person at
the meeting or by proxy. Matters requiring special resolutions include, but are
not restricted to -
· altering the Society’s rules (Constitution), objects or purposes;
· changing the Society’s name
· amalgamating with another Society or Association; and
· winding up the Society.
the Act means the Associations Incorporation Act 1991.
the
regulations means the Associations Incorporation
Regulations 1991.
Society means the Canberra Society of Editors Incorporated.
(2) In these rules -
(a) a reference to a function includes a reference to a power, authority and duty; and
(b) a
reference to the exercise of a function includes, where the function is a
power, authority or duty, a reference to the exercise of the power or authority
or the performance of the duty.
(3) The provisions of the Interpretation Act 1967 apply to and in respect of these rules in the same manner as those
provisions would so apply if these rules were an instrument made under the Act.
II - Objectives
2. Objectives
The objectives of the Society shall be to -
(a) promote contacts between its members;
(b) promote the exchange of ideas and the dissemination of information on matters of professional interest;
(c) assist
in promoting and maintaining high standards of editing and publishing;
(d)
establish and maintain liaison with other organisations with related interests;
and
(e) promote
the use of editorial services.
III - Membership
3. Classes of membership and membership qualifications
(1) The Society shall consist of Full members, Associate
members, Student members, Honorary Life members and such other classes of
membership as may be determined from time to time by a majority resolution in a
general meeting of the Society.
(2) The rights, entitlements and obligations of the various
classes of member may be determined from time to time by a majority resolution
in a general meeting of the Society.
(3) A person is qualified to be a member if -
(a) the person is a person referred to in the Act, section
21(2) (a) or (b) and has not ceased to be a member of the Society at any time
after incorporation of the Society under the Act; or
(b) the person -
(i) has been nominated for membership in accordance with rule 4 (1); and
(ii) has
been approved for membership of the Society by the Committee of the Society.
(4) A person is qualified to be a Full member if that
person is at the time of application engaged professionally in editing or
publishing, or has had such experience in the past.
(5) A person is qualified to be a Student member if that
person is a full-time student.
(6) A person may be granted Honorary Life membership of the
Society following a recommendation of the Committee to a general meeting of the
Society, provided that such a recommendation is accepted by a majority
resolution of the general meeting. The grounds for making such a recommendation
will usually be to recognise sustained and distinguished service to editing or
publishing or to the Society.
(7) A person is qualified to be an Associate member if that
person has an interest of any kind in editing or publishing or in the Society.
4. Nomination for membership
(1) A nomination of a person for membership of the Society
-
(a) shall be made in writing in the form set out in Appendix 1 or in the form set out in the Society’s web site; and
(b) shall be
lodged with the secretary of the Society or a Committee member nominated by the
secretary.
(2) As soon as is practicable after receiving a nomination
for membership, the secretary or a Committee member nominated by 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 or a Committee member nominated by the Secretary
shall as soon as practicable after that determination notify the nominee of
that approval and request the nominee to pay within 30 days after receipt of
the notification the sum payable under these rules by a member as the first
year’s annual subscription.
(4) The secretary or a Committee member nominated by the
Secretary shall, on payment by the nominee of the amounts referred to in
subrule (3) within the period referred to in that subrule, enter the nominee’s
name in the register of members and, on the name being so entered, the nominee
shall become a member of the Society.
5. Membership entitlements not transferable
A right, privilege or obligation which a person has by
reason of being a member of the Society -
(a) cannot be transferred or transmitted to another person; and
(b)
terminates on cessation of the person’s membership.
6. Cessation of membership
A person ceases to be a member of the Society if the person
-
(a) dies; or
(b) resigns
from membership of the Society; or
(c) is
expelled from the Society; or
(d) fails to
renew membership of the Society by 1 August of the Subscription Year.
7. Resignation of membership
(1) A member is not entitled to resign from membership of
the Society except in accordance with this rule.
(2) A member who has paid all amounts payable by the member
to the Society may resign from membership of the Society by first giving notice
(being not less than one month or, if the Committee has determined a shorter
period, that shorter period) in writing to the Secretary of the member’s
intention to resign and, on the expiration of the period of notice, the member ceases
to be a member.
(3) Where a person ceases to be a member, the Secretary
shall make an appropriate entry in the register of members recording the date
on which the member ceased to be a member.
8. Fees, subscriptions etc.
(1) Subject to subrule (5), the Committee shall determine
whether any entrance fee to the Society is payable, as well as the amount
payable.
(2) Subject to subrule (5), the Committee shall determine
the annual membership fee of the Society.
(3) Subscriptions fall due on 1 July and shall be payable
within one calendar month of that date.
(4) Subject to subrule (5), new members joining the Society
between 1 January and 30 June in any year shall be entitled to a discount equal
to 50 per cent of the annual subscription, or such other discount as may from
time to time be agreed by the Committee provided that the sum due is paid
within 30 days of the date of the new member being advised of being accepted as
a member of the Society.
(5) Any increase or decrease in the amount of fees payable
or in the level of discount to which a new member may be entitled must before
becoming operative be agreed by majority vote at a general meeting of the
Society.
9. Members’ liabilities
The liability of a member to contribute towards the payment
of the debts and liabilities of the Society or the costs, charges and expenses
of the winding up of the Society is limited to the amount (if any) unpaid by
the member in respect of membership of the Society as required by rule 8.
10. Disciplining of members
(1) Where the Committee is of the opinion that a member -
(a) has persistently refused or neglected to comply with a provision of these rules; or
(b) has
persistently and wilfully acted in a manner prejudicial to the interests of the
Society;
the Committee may, by resolution -
(c) expel the member from the Society; or
(d) suspend
the member from such rights and privileges of membership of the Society as the
Committee may determine for a specified period.
(2) A resolution of the Committee under subrule (1) is of
no effect unless the Committee, at a meeting held not earlier than 14 days and
not later than 30 days after service on the member of a notice under subrule
(3), confirms the resolution in accordance with this rule.
(3) Where the Committee passes a resolution under subrule
(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; and
(b) stating
that the member may address the Committee at a meeting to be held not earlier
than 14 days and not later than 30 days after service of the notice; and
(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 at that meeting;
(ii) submit
to the Committee at or before the date of that meeting written representations
relating to the resolution.
(4) Subject to the Act, section 50, at a meeting of the
Committee mentioned in subrule (2), the Committee shall -
(a) give to the member mentioned in subrule (1) an opportunity to make oral representations; and
(b) give due
consideration to any written representations submitted to the Committee by that
member at or before the meeting; and
(c) by
resolution determine whether to confirm or to revoke the resolution of the
Committee made under subrule (1).
(5) Where the Committee confirms a resolution under subrule
(4), the secretary shall, within seven days after that confirmation, by notice
in writing inform the member of that confirmation and of the member’s right of
appeal under rule 11.
(6) A resolution confirmed by the Committee under subrule
(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 Society confirms the resolution in accordance with rule 11 (4).
11. Right of appeal of disciplined member
(1) A member may appeal to the Society in general meeting
against a resolution of the Committee which is confirmed under rule 10 (4),
within seven days after notice of the resolution is served on the member, by
lodging with the secretary a notice to that effect.
(2) On receipt of a notice under subrule (1), the secretary
shall notify the Committee which shall place the matter on the agenda of the
next general meeting of the Society after the date on which the secretary
received the notice.
(3) Subject to the Act, section 50, at a general meeting of
the Society convened under subrule (2) -
(a) no business other than the question of the appeal shall be transacted; and
(b) the
Committee and the member shall be given the opportunity to make representations
in relation to the appeal orally or in writing, or both; and
(c) the
members present shall vote by secret ballot on the question of whether the
resolution made under rule 10 (4) should be confirmed or revoked.
(4) If the meeting passes a special resolution in favour of
the confirmation of the resolution made under rule 10 (4), that resolution is
confirmed.
IV - The Committee
12. Powers of the Committee
The Committee, subject to the Act, the regulations, these
rules, and to any resolution passed by the Society in general meeting -
(a) shall control and manage the affairs of the Society; and
(b) may
exercise all such functions as may be exercised by the Society other than those
functions that are required by these rules to be exercised by the Society in
general meeting; 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 Society.
13. Constitution and membership
(1) The Committee shall consist of -
(a) the office-bearers of the Society, all being Full or Life members of the Society; and
(b) at least
three ordinary Committee members, all being members of the Society, each of
which Committee members shall be elected under rule 14 or appointed in
accordance with subrule (5).
(2) The office-bearers of the Society shall be -
(a) the President
(b) the
Vice-president
(c) the
Treasurer
(d) the
Secretary and
(e) such
other office-bearers as the Committee may from time to time determine are
necessary, and may appoint from amongst the ordinary Committee members.
(3) Each member of the Committee shall, subject to these
rules, hold office until the conclusion of the annual general meeting following
the date of the member’s election, and subject to subrule (4) is eligible for
re-election.
(4) No office-bearer of the Committee may hold the same
office for more than two consecutive years.
(5) In the event of a vacancy in the membership of the
Committee, the Committee may appoint a member of the Society to fill the
vacancy and the member so appointed shall hold office, subject to these rules,
until the conclusion of the next annual general meeting following the date of
the appointment.
14 Election of Committee members
(1) Nominations of candidates for election as
office-bearers of the Society or as ordinary Committee members -
(a) shall be made in writing, signed by two members of the Society and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
(b) shall be
delivered to the secretary of the Society before the commencement of the annual
general meeting at which the election is to take place.
(2) If insufficient nominations are received to fill all
vacancies on the Committee, the candidates nominated shall be deemed to be
elected and further nominations shall be received at the annual general
meeting.
(3) If insufficient further nominations are received, any
vacant positions remaining on the Committee shall be deemed to be vacancies.
(4) If the number of nominations received is equal to the
number of vacancies to be filled, the persons nominated shall be taken to be
elected.
(5) If the number of nominations received exceeds the
number of vacancies to be filled, a ballot shall be held.
(6) The ballot for the election of office-bearers and
ordinary Committee members shall be conducted at the annual general meeting in
such manner as the Committee may direct.
(7) An office-bearer is not eligible to simultaneously hold
more than one of the offices listed in subrule 13 (2).
15 Secretary
(1) The Secretary of the Society shall, as soon as
practicable after being appointed as secretary, notify the Society of his or
her address.
(2) The Secretary shall keep minutes of -
(a) all elections and appointments of office-bearers and ordinary Committee members; and
(b) the
names of members of the Committee present at a Committee meeting or a general
meeting; and
(c) all
proceedings at Committee meetings and general meetings.
(3) Minutes of proceedings at a meeting shall be signed by
the person presiding at the meeting or by the person presiding at the next
succeeding meeting.
16 Treasurer
(1) The Treasurer of the Society shall -
(a) collect and receive all moneys due to the Society and make all payments authorised by the Society; and
(b) keep
correct accounts and books showing the financial affairs of the Society with
full details of all receipts and expenditure connected with the activities of
the Society.
17 Vacancies
(1) For these rules, a vacancy in the office of a member of
the Committee occurs if the member -
(a) dies; or
(b) ceases
to be a member of the Society; or
(c) resigns
the office; or
(d) is
removed from office under rule 18; or
(e) becomes
an insolvent under administration within the meaning of the Corporations Act;
or
(f) suffers
from mental or physical incapacity; or
(g) is
disqualified from office under the Act, section 63 (1); or
(h) is
absent without the consent of the Committee or reasonable excuse from three
consecutive meetings of the Committee.
18 Removal of Committee members
The Society in general meeting may by resolution, subject
to the Act, section 50, remove any member of the Committee from the office of
member of the Committee before the expiration of the member’s term of office.
19 Committee meetings and quorum
(1) The Committee shall meet at least six times in each
calendar year at such place and time as the Committee may determine.
(2) Additional meetings of the Committee may be convened by
any three members 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 agreed on by a majority of the members of
the Committee) before the time appointed for the holding of the meeting.
(4) Notice of a meeting given under subrule (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 a two-thirds majority of the Committee members present at the
meeting agree to treat as urgent business.
(5) Any five members of the Committee, of whom at least one
must be an office bearer, 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 after the time appointed for
the meeting a quorum is not present, the meeting stands adjourned to the same
place and at the same hour of the same day in the following month.
(7) If at the adjourned meeting a quorum is not present
within half an hour after the time appointed for the meeting, the meeting shall
be dissolved.
(8) At meetings of the Committee -
(a) the President or, in the absence of the President, the Vice-president shall preside; or
(b) if the
President and the Vice-president are absent - one of the remaining members of
the Committee may be chosen by the members present to preside.
(9) The Committee may invite any person to attend any
meeting of the Committee, subject to the conditions that the invitee shall have
no vote at that meeting and shall not be considered to be a member of the
Committee for any purpose including the counting of a quorum.
20 Delegation by Committee to subcommittee
(1) The Committee may, by instrument in writing, delegate
to one or more subcommittees (consisting of such member or members of the
Society 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 function imposed on the Committee by the Act, by any other
Territory law, or by resolution of the Society in general meeting.
(2) A function, the exercise of which has been delegated to
a subcommittee under this rule may, while the delegation remains unrevoked, be
exercised from time to time by the subcommittee in accordance with the terms of
the delegation.
(3) A delegation under this rule may be made subject to
such conditions or limitations as to the exercise of any function, or as to
time or circumstances, as may be specified in the instrument of delegation.
(4) Notwithstanding any delegation under this rule, the
Committee may continue to exercise any function delegated.
(5) Any act or thing done or suffered by a subcommittee
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 subcommittee may meet and adjourn as it thinks
proper.
(8) The subcommittee may invite any person to attend a
meeting of the subcommittee, subject to the condition that the invitee shall
have no vote.
21 Voting and decisions
(1) Questions arising at a meeting of the Committee or of
any subcommittee appointed by the Committee shall be determined by a majority
of the votes of members of the Committee or subcommittee present at the
meeting.
(2) Each member present at a meeting of the Committee or of
any subcommittee appointed by the Committee (including the person presiding at
the meeting) is entitled to one vote but, in the event of an equality of votes
on any question, the person presiding may exercise a second or casting vote.
(3) Subject to rule 19 (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 subcommittee 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 subcommittee.
V - General meetings
22 Annual general meetings - holding of
(1) With the exception of the first annual general meeting
of the Society, the Society shall, at least once in each calendar year and
within the period of five months after the expiration of each financial year of
the Society, convene an annual general meeting of its members.
(2) The Society shall hold its first annual general meeting
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(a) within the period of eighteen months after its incorporation under the Act; and
(b) within
the period of five months after the expiration of the first financial year of
the Society.
(3) Subrules (1) and (2) have effect subject to the powers
of the Registrar-General under the Act, section 120 in relation to extensions
of time.
23 Annual general meetings - calling of and business at
(1) The annual general meeting of the Society shall,
subject to the Act, 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 the general meeting preceding the annual general meeting; and
(b) to
receive from the Committee reports on the activities of the Society since the
last preceding annual general meeting; and
(c) to elect
members of the Committee, including office-bearers; and
(d) to
receive and consider the statement of accounts and the reports that are
required to be submitted to members under the Act, section 73 (1).
(3) An annual general meeting shall be specified as such in
the notice convening it in accordance with rule 25.
(4) An annual general meeting shall be conducted in
accordance with the provisions of this part.
24 General meetings - calling of
(1) The Committee may, whenever it thinks fit, convene a
general meeting of the Society.
(2) The Committee shall, on the requisition in writing of
not less than ten per cent of the total number of members, convene a general
meeting of the Society.
(3) A requisition of members for a general meeting -
(a) shall state the purpose or purposes of the meeting; and
(b) shall be
signed by the members making the requisition; and
(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 general meeting
within two months 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 general meeting to be held not later than two
months after that date.
(5) A general meeting convened by a member or members
referred to in subrule (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 Society for any
reasonable expense so incurred.
25 Notice
(1) Except where the nature of the business proposed to be
dealt with at a general meeting requires a special resolution of the Society,
the secretary shall, at least seven days before the date fixed for the holding
of the general meeting, cause to be sent to each member at the member’s address
appearing in the register of members by prepaid post, or by such means,
including presenting in person, as may be agreed by a majority vote at a
general meeting and specified in rule 38, a notice specifying the place, date
and time of the meeting and the 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 Society, the
secretary shall, at least 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 subrule (1) specifying, in addition to the matter required under that
subrule, 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 under rule
23 (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.
26 General meetings - procedure and quorum
(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) Twenty 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 thirty minutes after the appointed time for
the commencement of a general meeting a quorum is not present, the meeting if
convened on the requisition of members shall be dissolved and in any other case
shall stand adjourned to the same day in the following month at the same time
and (unless another place is specified at the time of 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.
27 Presiding member
(1) The president, or in the absence of the President, the
Vice-president, shall preside at each general meeting of the Society.
(2) If the President and the Vice-president are absent from
a general meeting, the members present shall elect one of their number to
preside at the meeting.
28 Adjournment
(1) The person presiding at 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.
29 Making of decisions
(1) A question arising at a general meeting of the Society
shall be determined on a show of hands and, unless before or on the declaration
of the show of hands a poll is demanded, a declaration by the person presiding
that a resolution has, on a show of hands, been carried or carried unanimously
or carried by a particular majority or lost, or an entry to that effect in the
minute book of the Society, 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 Society, a poll may be
demanded by the person presiding or by not fewer than five members present in
person or by proxy at the meeting.
(3) Where the 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 person to preside at 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 poll on the matter shall be
deemed to be the resolution of the meeting on that matter.
30 Voting
(1) Subject to subrule (3), on any question arising at a
general meeting of the Society a member has one vote only.
(2) All votes shall be given personally or by proxy but no
member may hold more than five proxies.
(3) In the case of an equality of votes on a question at a
general meeting, the person presiding is entitled to exercise a second or
casting vote.
(4) A member or proxy is not entitled to vote at any
general meeting of the Society unless all money due and payable by the member
or proxy to the Society has been paid, other than the amount of the annual
subscription payable in respect of the then current year.
(5) Only Full members of the Society may vote at a general
meeting.
31 Appointment of proxies
(1) Each member shall be entitled to appoint another member
as proxy by notice given to the secretary no later than 24 hours before the
time of the meeting in respect of which the proxy is appointed.
(2) Except as provided in subrule (3), the notice
appointing the proxy shall be in the form set out in Appendix 2.
(3) Where the Secretary is satisfied as to the identity of
the sender and the clarity of the information provided, he or she may accept an
email, a fax or a form delivered in person, whether typed or handwritten,
provided the form contains the same information as that required in the form
set out in Appendix 2, and provided the email or fax or form is received and
acknowledged by the Secretary no later than 24 hours before the time of the
meeting in respect of which the proxy is appointed.
VI - Miscellaneous
32 Funds - source
(1) The funds of the Society shall be derived from entrance
fees and annual subscriptions of members, donations and, subject to any
resolution passed by the Society in general meeting and subject to the Act,
section 114, such other sources as the Committee determines.
(2) All money received by the Society shall be deposited as
soon as practicable and without deduction to the credit of the Society’s bank
account.
(3) The Society shall, as soon as practicable after
receiving any money, issue an appropriate receipt.
33 Funds - management
(1) Subject to any resolution passed by the Society in
general meeting, the funds of the Society shall be used for the objects of the
Society in such manner as the Committee determines.
(2) All cheques, drafts, bills of exchange, promissory
notes and other negotiable instruments shall be signed by any two members of
the Committee or employees of the Society, being members of the Committee or
employees authorised to do so by the Committee.
34 Alteration of objects and rules
Neither the objects of the Society referred to in the Act
section 29 nor these rules shall be altered except in accordance with the Act.
35 Common seal
(1) The common seal of the Society shall be kept in the
custody of the Secretary.
(2) The common seal shall not be affixed to any instrument
except by the authority of the Committee and the affixing of the common seal
shall be attested by the signatures either of two members of the Committee or
of one member of the Committee and of the Secretary.
36 Custody of books
Subject to the Act, the regulations and these rules, the
Secretary shall keep in his or her custody or under his or her control all
records, books, and other documents relating to the Society.
37 Inspection of books
The records, books and other documents of the Society shall
be open to inspection at a place in the ACT, free of charge, by a member of the
Society at any reasonable hour agreed between the Secretary and the member
asking to inspect the books.
38 Service of notice
(1) For the purpose of these rules, a notice may be served
by or on behalf of the Society on any member either:
(a) personally; or
(b) by
sending it by post to the member at the member’s address shown in the register
of members; or
(c) subject
to subrule (2), either by emailing it to an email address supplied by the
member and shown in the register of members or by faxing it to a fax number
supplied by the member and shown in the register of members.
(2) A notice may not be served on a member by email or fax
unless that member has given to the Secretary a statement signed by the member
that the member agrees to accept notices in the form of email or fax.
(3) Where a document is sent to a person by properly
addressing, prepaying and posting to the person a letter containing the
document, the document shall, unless the contrary is proved, be deemed for
these rules to have been served on the person at the time at which the letter
would have been delivered in the ordinary course of post.
(4) Where a document is sent to a person by properly
addressing it to an email address or a fax number supplied by that person under
subrule (1) (c), the document shall, unless the contrary is proved, be deemed
for these rules to have been served on the person at the time at which the
email or fax would have been delivered in the ordinary course of events.
39 Surplus property
(1) At the first general meeting of the Society, the
Society shall pass a special resolution nominating -
(a) another Society for the Act, section 92 (1) (a); or
(b) a fund,
authority or institution for the Act, section 92 (1) (b); in which it is to
vest its surplus property in the event of the dissolution or winding up of the
Society.
(2) A Society nominated under subrule (1) (a) must fulfil
the requirements specified in the Act, section 92 (2).
This web version prepared
29/10/02