1 Constitution of PRINT HANDICAPPED RADIO OF ACT INCORPORATED (This Constitution was adopted at a General Meeting of the Association held on 22 August this reprint incorporates all amendments made up to the Annual General Meeting held in October 2012.) \\Admin\admin_docs\Board\rules\rules conf.doc
2 Print Handicapped Radio of ACT Inc MISSION OBJECTS The objects of the Print Handicapped Radio of ACT (PHR) are: to install and operate a radio station dedicated to providing an information service for people who are print handicapped; to ascertain and meet the information needs of people who are print handicapped; to produce and broadcast programs for people who are print handicapped; and to encourage the participation of people who are print handicapped in the provision of the Association's information services.
3 RULES of PRINT HANDICAPPED RADIO OF ACT INCORPORATED TABLE OF PROVISIONS Rule 1 Interpretation 5 Part 1 Preliminary Page Part 2 Membership 2 Membership qualifications 5 3 Nomination for membership 5 4 Membership entitlements not transferable 6 5 Cessation of membership 6 6 Resignation of membership 6 7 Membership fees 6 8 Fees and levies 6 9 Members liabilities 7 10 Disciplining of members 7 11 Right of appeal of disciplined member 7 Part 3 The Committee 12 Powers of the committee 8 13 Constitution and membership 8 14 Appointment of Returning Officer 9 15 Nominations for committee 9 16 Election of committee Appointment of appointed committee members Postal voting Secretary Treasurer Vacancies Co-option to committee 11
4 23 Removal of committee members11 24 Committee meetings and quorum Delegation by committee to sub-committee Voting and decisions 13 Part 4 General Meetings 27 Annual general meetings calling of and business General meetings calling of Notice General meetings procedure and quorum Presiding member Adjournment Making of decisions Voting Appointment of proxies 15 Part 5 Miscellaneous 36 Funds source Funds management Spokesperson Common seal Association Records Service of notices Alteration of objects and rules Surplus property Public Officer 17 APPENDIX 1 APPLICATION FOR MEMBERSHIP OF ASSOCIATION APPENDIX 2 FORM OF APPOINTMENT OF PROXY APPENDIX 3 EXTRACTS FROM ASSOCIATIONS INCORPORATIONS ACT 1991
5 Rule 1. Interpretation PART 1 PRELIMINARY 1.1 In these rules, unless a contrary intention appears financial year means the year ending on 30 June; member means a member, however described, of the association; ordinary committee member means a member of the committee who is not an office-bearer of the Association as referred to in Rule 13.1; print handicapped person refers to a person who, for any reason, is unable to read or comprehend the printed word; secretary means the person holding office under these rules as secretary of the Association or, where no such person holds that office, the public officer of the Association; the Act means the Associations Incorporation Act 1991; the Regulations means the Associations Incorporation Regulations; 1.2 In these rules the incorporated association is Print Handicapped Radio of ACT and is referred to as the Association; a reference to a function includes a reference to a power, authority and duty; and 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. 1.3 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. PART 2 MEMBERSHIP Rule 2. Membership qualifications 2.1 A person is qualified to be a member if the person has been nominated for membership in accordance with subrule 3.1; and has been approved for membership of the Association by the Committee of the Association. 2.2 There are three categories of members Individual members; Concessional members - full time students and persons who hold a pensioner health benefit card; and Organisational members - organisations interested in the provision of services to print handicapped persons. Organisations pay membership fees but do not have voting rights. Rule 3 Application for Membership (1) An application for membership of the Association (a) shall be made by the applicant in writing in the form set out in
6 appendix 1 to these rules, and (b) shall be lodged with the secretary of the Association, and (c) shall be accompanied by the membership fee prescribed by Rule 7 (2) As soon as practicable after receiving an application for membership, the secretary shall refer the application to the committee which shall determine whether to approve or reject the application. An application may only be rejected if (i) there are reasonable grounds to believe that the applicant would not abide by the rules and objectives of the Association; or (ii) required by law; or (iii) the applicant has been convicted of an indictable offence; or (iv) there are reasonable grounds to believe that the applicant would not abide by the Community Broadcasting Code of Practice; or (v) there are reasonable grounds to believe that the applicant would pose a security risk to the members or premises of the Association. (3) Where the committee resolves - (a) to approve an application for membership, the secretary shall, as soon as practicable after that resolution, notify the applicant of that approval (b) to reject an application for membership, the applicant shall have the right of appeal under rule 11. (4) The secretary shall - (a) on payment by the applicant of the amount referred to in clause (1) (b) upon resolution of the committee to reject an application being overturned on appeal enter the applicant s name in the register of members and, on the name being so entered, the applicant becomes a member of the association. (5) If an application for membership is not approved, the Secretary shall refund the membership fee within 1 month. Rule 4. Membership entitlements not transferable 4.1 A right, privilege or obligation which a person has by reason of being a member of the Association is not capable of being transferred or transmitted to another person; and terminates upon cessation of the person s membership.
7 Rule 5. Cessation of membership 5.1 A person ceases to be a member of the Association if the person dies; or in the case of a body corporate, is wound up resigns from membership of the Association; is expelled from the Association; or fails to renew membership of the Association. Rule 6. Resignation of membership 6.1 A member is not entitled to resign from membership of the Association except in accordance with this rule. 6.2 A member who has paid all amounts payable by the member to the Association may resign from membership of the Association by giving 1 months notice in writing to the secretary of the member s intention to resign and, upon the expiration of the period of notice, the member ceases to be a member. 6.3 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. Rule 7. Membership fees 7.1 The Committee shall determine the amount of the membership fee for each category of members. 7.2 The annual membership fee is payable In the case of an initial application for membership, on submission of the application form; or where a person becomes a member on or after 1 July in any calendar year, before 1 July in each succeeding calendar year. 7.3 Where a person becomes an individual or concessional member after 31 December in any financial year a 50% annual membership fee shall apply for that financial year. Rule 8. Fees and levies 8.1 The Committee may determine the terms and conditions on which any fee or levy, in addition to the annual membership fee, is payable by members. Rule 9. Members liabilities 9.1 The liability of a member to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to the amount, if any, unpaid by the member in respect of membership of the Association as required by
8 rule 7. Rule 10. Disciplining of members 10.1 Where the committee is of the opinion that a member has persistently refused or neglected to comply with a provision of these rules; or has persistently and wilfully acted in a manner prejudicial to the interests of the Association, the committee may, by resolution expel the member from the Association; or suspend the member from such rights and privileges of membership of the Association as the committee may determine for a specified period A resolution of the committee under subrule 10.1 is of no effect unless the committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under subrule 10.3, confirms the resolution in accordance with this rule Where the committee passes a resolution under subrule 10.1, the secretary shall, as soon as practicable, cause a notice in writing to be served on the member setting out the resolution of the committee and the grounds on which it is based; stating that the member may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice; stating the date, place and time of that meeting; and informing the member that the member may do either or both of the following: attend and speak at that meeting; submit to the committee at or prior to the date of that meeting written representations relating to the resolution Subject to section 50 of the Act (see Appendix 3), at a meeting of the committee mentioned in subrule 10.2, the committee shall give to the member mentioned in subrule 10.1 an opportunity to make oral representations; give due consideration to any representations submitted to the committee by that member at or prior to the meeting in writing; and by resolution determine whether to confirm or to revoke the resolution of the committee made under subrule Where the committee confirms a resolution under subrule 10.4, the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of that confirmation and of the member s right of appeal under rule A resolution confirmed by the committee under subrule 10.4 does not take effect 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 where within that period the member exercises the right of appeal, unless and until the Association confirms the resolution in accordance with subrule Rule 11. Right of appeal of a rejected applicant - disciplined member 11.1 A member, or a person whose application for memberhip is rejected,may appeal to the Association in general meeting against a resolution of the committee which is confirmed under subrule 10.4, within 7 days after notice of the resolution is served on the member or the rejected
9 applicant Upon receipt of a notice under subrule 11.1, the secretary shall notify the committee which shall convene a general meeting of the Association to be held within 21 days after the date on which the secretary received the notice or as soon as possible after that date Subject to section 50 of the Act, at a general meeting of the Association convened under subrule no business other than the question of the appeal shall be transacted; 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 the members present shall vote by secret ballot on the question of whether the resolution made under subrule 10.4 should be confirmed or revoked If the meeting passes a special resolution in favour of the confirmation of the resolution made under subrule 10.4, that resolution is confirmed. PART 3 THE COMMITTEE Rule 12. Powers of the committee 12.1 The committee, subject to the Act, the Regulations, these rules, and to any resolution passed by the Association in general meeting shall control and manage the affairs of the Association; 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 the Association in general meeting; and has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the Association. Rule 13. Constitution and membership 13.1 The committee consists of the following positions The President; The Vice-President The Vice-President Print Handicapped, or in accordance with rule 16.4, the second Vice- President; The Secretary; The Treasurer; The volunteer representative; The Technical Director; The Program Director; and Two ordinary Committee Members For the purpose of the Act, All Committee members shall be office bearers of the Association Elections to the following offices shall be held at the Annual General Meeting: The President; The Vice-President; The Vice-President Print Handicapped, or in accordance with Rule 16.4, the second Vice-
10 President; The Secretary; The Volunteers Representative; The two ordinary Committee Members The term of office of an elected Committee member commences at the close of the Annual General Meeting at which the Committee member is elected and concludes at the close of the next annual general meeting Subject to Rule , an elected Committee Member is eligible to be re-elected A person who has served as President for 5 consecutive terms of office is not eligible to be nominated for or to be re-elected as President. However, he or she may hold office as Immediate Past President in accordance with sub-rule 13.6 or may be elected or appointed to any other position on the Committee The Treasurer, the Program Director and the Technical Director are appointed by the Committee and hold office in accordance with rule 17 of these rules A person who ceases to hold the Office of President at the end of an Annual General Meeting commences at that time to hold Office as Immediate Past President for 1 year The Committee shall use its best endeavours to ensure that a minimum of two of its members are print handicapped If it is not reasonably practicable to elect two persons for the purposes of Rule 13.7, at an annual General Meeting, the Committee may appoint 1 or more persons at another time and thereby meet the requirements of rule Rule 14. Appointment of Returning Officer 14.1 At least 6 weeks before the Annual General Meeting, the Committee shall appoint a person who is not a member of the Association as Returning Officer to the Association The Returning Officer shall perform the following functions for the Association: In consultation with the Public Officer, draft and issue the notice of the Annual General Meeting and the notice calling for nominations for persons for election to the Committee; Receive nominations for the Committee; Administer the procedures relating to postal voting as set out in Rule 18 of these Rules; Conduct the election; and Chair that part of the Annual General Meeting at which the election of Committee members is conducted In performing his/her functions, the Returning Officer shall comply with these Rules as if he or she was a member. However, the Returning Officer is not responsible for the Association's compliance with Rule 13.7 as responsibility for compliance with this Rule is given by these Rules to the Committee. Rule 15. Nominations for Committee 15.1 The Association's membership register shall close 21 days before the date of the Annual General Meeting. No new members shall be admitted to membership of the Association after the closure of the Register until the conclusion of the Annual General Meeting. Existing members may renew their
11 financial membership until the time of commencement of the Annual General Meeting Nominations of persons for election as Committee members shall be lodged with the Returning Officer not less than 21 days prior to the date of the Annual General Meeting. Nominations shall be in the form approved by the Committee and shall contain the names of the nominee, the proposer, the seconder and the nominee's signature Nominees for the Committee and their proposers and seconders must be financial members of the Association at the time of nomination and at the time of the Annual General Meeting No employee or agent of the Association is eligible to be a member of the Committee Nominees for the position of Vice-President Print Handicapped shall be persons who are print handicapped. Where there is no nominee for election to the Office of Vice-President Print handicapped, a second Vice-President may be elected at the meeting in accordance with sub rule Subject to Rule 15.5, all financial members of the Association may nominate for any of the elected Committee positions. Rule 16. Election of Committee 16.1 If only one nomination is received for an Office, the Returning Officer shall declare that person to be elected to that Office If more than one nomination is received for any Committee position, the members shall vote by secret ballot at the Annual General Meeting to elect a person to that position and the Returning Officer must arrange for the conduct of such a ballot. The ballot shall be conducted by the Returning Officer in accordance with the optional preferential method of voting If no nomination is received for a Committee position, the Returning Officer may accept nominations from the floor of the meeting and the Returning Officer shall conduct a ballot if necessary, using the optional preferential method Election of print handicapped committee members shall be managed as follows If the number of nominations for Vice-President print handicapped exceeds one, a ballot shall be held before proceeding with the filling of other vacancies; and If there are no nominations for the position of Vice-President Print Handicapped, the position can be filled by a member who is not print handicapped; 16.5 Elected Committee positions not filled at the Annual General Meeting shall be deemed to be casual vacancies. Rule 17. Appointment of Appointed Committee Members 17.1 The elected Committee Members shall meet to appoint suitably qualified persons to the Offices of Treasurer, Program Director and Technical Director.
12 17.2 As far as is reasonably practicable, the elected Committee members will appoint the Treasurer, Program Director and Technical Director within 14 days of the Annual General Meeting The term of office of a person appointed under Rule 17.1 commences at the conclusion of the meeting at which the person is appointed and ends at the close of the next Annual General Meeting. A person appointed under Rule 17.1 is eligible for reappointment. Rule 18. Postal voting 18.1 A member who is unable to attend the Annual General Meeting may apply to the Returning Officer, at least 21 days prior to the date of the meeting for a postal vote for any election to the Committee The returning Officer shall despatch postal votes to those who have applied for them at least ten days prior to the date of the Annual General Meeting Postal votes shall be returned to the Returning Officer at least two days prior to the date of the Annual General Meeting The Returning Officer shall retain custody of all postal votes and shall produce them to the Annual General Meeting where they shall be counted along with the votes cast at the meeting to elect the Committee. Rule 19. Secretary 19.1 The secretary of the Association shall, as soon as practicable after being appointed as secretary, notify the Association of his or her address The secretary shall keep minutes of All elections and appointments of committee members; The names of members of the committee present at a committee meeting or a general meeting; and All proceedings at committee meetings and general meetings 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. Rule 20. Treasurer 20.1 The treasurer of the Association or the treasurer s designated representative shall Collect and receive all moneys due to the Association and make all payments authorised by the Association; and Keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association. Rule 21. Vacancies 21.1 For the purposes of these rules, a vacancy in the office of a member of the committee occurs if the
13 member dies; ceases to be a member of the Association; resigns the office; is removed from office pursuant to rule 23; becomes an insolvent under administration within the meaning of the Corporations Law; suffers from mental or physical incapacity; is disqualified from office under subsection 63 (1) of the Act (see Appendix 3.); or is absent from 3 consecutive meetings without the consent of the committee The Committee may appoint a member of the Association to fill a casual vacancy on the Committee. The term of office of a person appointed to fill a casual vacancy shall commence at the close of the meeting at which the person is appointed and conclude at the close of the next Annual General Meeting If a casual vacancy occurs in a Committee position held by a person who is print handicapped, the Committee shall endeavour to fill the vacancy with a person who is print handicapped. Rule 22. Co-option to Committee 22.1 The Committee may co-opt up to two members The term of Office of a person co-opted to the Committee shall commence at the close of the meeting at which the person is co-opted and conclude at the close of the next Annual General Meeting A person co-opted to the Committee may not be co-opted for a second subsequent term but may nominate for and be elected to the Committee or appointed to an appointed Committee position. Rule 23. Removal of committee members 23.1 The Association in general meeting may by resolution, subject to section 50 of the Act, remove any member of the committee from the office of member of the committee before the expiration of the member s term of office. Rule 24. Committee meetings and quorum 24.1 The committee shall meet at least four times in each calendar year at such place and time as the committee may determine Additional meetings of the committee may be convened by any three members of the committee Oral or written notice of a meeting of the committee shall be given by the secretary to each member of the committee at least seven days (or such other period as may be unanimously agreed upon by the members of the committee) before the time appointed for the holding of the meeting.
14 24.4 Notice of a meeting given under subrule 24.3 shall specify the general nature of the business to be transacted at the meeting The president or in the absence of the president a vice president and any 4 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee 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 week 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 At meetings of the committee The president or in the absence of the president, a vice-president shall preside If the president and both vice-presidents are absent, a quorum is not present. Rule 25. Delegation by committee to sub-committee 25.1 The committee may delegate to one or more sub-committees, (consisting of such member or members of the Association as the committee thinks fit), the exercise of such of the functions of the committee as are specified in the delegation, other than This power of delegation; and A function which is a function imposed on the committee by the Act, by any other law of the Territory, or by resolution of the Association in general meeting A function, the exercise of which has been delegated to a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation 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; and Shall be subject to the restriction that all decisions taken by a sub-committee shall be referred to the Committee for ratification Notwithstanding any delegation under this rule, the committee may continue to exercise any function delegated Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the committee The committee may revoke wholly or in part any delegation under this rule A sub-committee may meet and adjourn, as it thinks proper. Rule 26. Voting and decisions
15 26.1 Questions arising at a meeting of the committee or of any sub-committee appointed by the committee shall be determined by a majority of the votes of members of the committee or subcommittee present at the meeting Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote Subject to subrule 24.5, the committee may act notwithstanding any vacancy on the committee Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee. PART 4 GENERAL MEETINGS Rule 27. Annual general meetings calling of and business 27.1 The Association shall, at least once in each calendar year and within the period of 5 months after the expiration of each financial year of the Association, convene an annual general meeting of its members The annual general meeting of the Association shall, subject to the Act, be convened on such date and at such place and time as the committee thinks fit In addition to any other business, which may be transacted at an annual general meeting, the business of an annual general meeting shall be to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting; to receive from the committee reports on the activities of the Association during the last preceding financial year; to receive and consider the statement of accounts and the reports that are required to be submitted to members pursuant to subsection 73 (1) of the Act (see Appendix 3); to elect members of the committee; and to appoint the Auditor An annual general meeting shall be specified as such in the notice convening it in accordance with rule An annual general meeting shall be conducted in accordance with the provisions of this Part. Rule 28. General meetings calling of 28.1 The committee may, whenever it thinks fit, convene a general meeting of the Association The committee shall, on the requisition in writing of not less than 25% of the members, convene a
16 general meeting of the Association A requisition of members for a general meeting shall state the purpose or purposes of the meeting; shall be signed by the members making the requisition; shall be lodged with the secretary; and may consist of several documents in a similar form, each signed by one or more of the members making the requisition If the committee fails to convene a general meeting within one month after the date on which a requisition of members for the meeting is lodged with the secretary, any 1 or more of the members who made the requisition may convene a general meeting to be held not later than 3 months after that date A general meeting convened by a member or members referred to in subrule 28.4 shall be convened as nearly as is practicable in the same manner as general meetings are convened by the committee and any member who thereby incurs expense is entitled to be reimbursed by the Association for any reasonable expense so incurred. Rule 29. Notice 29.1 Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the Public Officer shall, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent by pre-paid post or by electronic transmission to each member at the member s address appearing in the register of members, a notice, in writing, specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the secretary shall, at least 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 29.1 specifying, in addition to the matter required under that subrule, the intention to propose the resolution as a special resolution No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to subrule 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. Rule 30. General meetings procedure and quorum 30.1 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 members present in person or by proxy, being members entitled under these Rules to vote at a General Meeting, of whom 5 must be elected Committee members, constitute a quorum for the transaction of the business of a General Meeting If within half an hour after the appointed time for the commencement of a general meeting, a
17 quorum is not present, the meeting, if convened on a requisition of members, shall be dissolved. In any other case, the members present, being not less than 12 in number, shall Constitute a quorum. Rule 31. Presiding member 31.1 The president, or in the absence of the president, a vice-president, shall preside at each general meeting of the Association. Rule 32. Adjournment 32.1 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 Where a general meeting is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned meeting to each member of the Association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting Except as provided in subrules 32.1 and 32.2, notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given. Rule 33. Making of decisions 33.1 A question arising at a general meeting of the Association shall be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the 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 Association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution At a general meeting of the Association, a poll may be demanded by the person presiding or by not less than six members present in person or by proxy at the meeting Where the poll is demanded at a general meeting, the poll shall be taken immediately in the case of a poll which relates to the election of the person to preside at the meeting (in the case of an adjourned meeting) or to the question of an adjournment; or 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. Rule 34. Voting 34.1 Subject to subrule 34.3, upon any question arising at a general meeting of the Association a member, being an individual member or a concessional member, has one vote only. Organisational members cannot vote at General meetings of the Association All votes shall be given personally or by proxy In the case of an equality of votes on a question at a general meeting, the person presiding is entitled
18 to exercise a second or casting vote A member or proxy is not entitled to vote at any general meeting of the Association unless all money due and payable by the member or proxy to the Association has been paid. Rule 35. Appointment of proxies 35.1 An individual member or a concessional member is 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 The notice appointing the proxy shall be in the form set out in Appendix 2 to these rules No one member is entitled to hold any more than 2 proxies at a meeting. PART 5 MISCELLANEOUS Rule 36. Funds source 36.1 The funds of the Association shall be derived from membership subscriptions, donations and, subject to any resolution passed by the Association in general meeting and subject to section 114 of the Act, such other sources as the committee determines All money received by the Association shall be deposited as soon as practicable and without deduction to the credit of the Association s bank account The Association shall, as soon as practicable after receiving any money, prepare an appropriate receipt. Rule 37. Funds management 37.1 Subject to any resolution passed by the Association in general meeting, the funds of the Association shall be used in pursuance of the objects of the Association in such manner as the committee determines All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any 2 members of the committee or employees of the Association, being members of the committee or employees authorised to do so by the committee. Rule 38. Spokesperson 38.1 The President shall be the Official Spokesperson for the Association No member of the Association, other than the President, shall communicate with outside persons or organisations in matters concerning the association's affairs unless authorised by the President or the Committee to do so and then only in respect of the matters and to the extent so authorised. Rule 39. Common seal
19 39.1 The common seal of the Association shall be kept at the Association s registered office 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 of 2 office-bearers of the Association. Rule 40. Association records 40.1 Subject to the Act, the Regulations and these Rules, the Committee shall make arrangements for the safe custody and control of the Association's records, books and documents Subject to the law related to privacy, the records, books and other documents of the Association shall be open to inspection at a place in the Territory, free of charge, by a member of the Association at any reasonable hour. Rule 41. Service of notices 41.1 For the purpose of these rules, a notice may be served by or on behalf of the Association upon any member either personally or by sending it by post or by electronic transmission to the member at the member s address shown in the register of members 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 the purposes of 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. Rule 42. Alteration of objects and rules 42.1 Neither the objects of the association referred to in section 29 of the Act nor these rules shall be altered except in accordance with the Act. Rule 43. Surplus property 43.1 Any decision to wind up the Association shall be taken at a special general meeting called by the committee expressly for this purpose If the meeting decides to wind up the Association, the meeting will by special resolution nominate another association (whether or not the other association is incorporated) in which to vest any surplus property. The nominated association must have objects substantially the same as the objects of the Association; not be carried on for the object of trading or securing pecuniary gain for its members; have a provision in its rules requiring any surplus property of the association to be passed, on the dissolution or winding up of the association, to another association that has objects substantially the same as the Association; and is not carried on for the object of trading or securing pecuniary gain for its members.
20 43.3 Two members of the committee shall lodge with the Registrar a notice in writing certifying that the special resolution was duly passed Surplus property means any property or interest in property of the Association that remains after satisfaction of any debts or liabilities of the Association and any costs or expenses incurred in the winding up of the Association. Rule 44. Public Officer 44.1 The committee of the Association shall appoint a public officer of the Association who is at least 18 years of age and who resides in the Territory The public officer may hold any office of the Association in addition to the office of public officer A person who is appointed to be the public officer shall, not later than one month after being appointed, lodge with the Registrar a notice of the appointment in the approved form If the public officer changes his/her address, he/she shall, within one month of the change, lodge with the Registrar a notice of the change in the approved form The Association may, by resolution, remove the public officer from office The office of public officer shall be taken to be vacant if the public officer is removed from office pursuant to subrule 44.5; resigns from office; dies; becomes an insolvent under administration within the meaning of the Corporations Law; suffers from mental or physical incapacity; was convicted or released from imprisonment in respect of an offence referred to in subsection 63 (1) of the Act within the period of 5 years immediately preceding his or her appointment as public officer, or is convicted of such an offence after taking office; or ceases to reside in the Territory Where a vacancy occurs in the office of public officer, the committee shall, within 14 days after the vacancy occurred, appoint a person to fill the vacancy If the committee without reasonable cause does not comply with subrule 44.7 each member of the committee is guilty of an offence punishable, on conviction, by a fine not exceeding $ The public officer shall perform such duties as the committee from time to time determines and he/she shall perform all duties imposed on him/her by the Associations Incorporation Regulations.
21 LOGO APPENDIX 1 Subrule 3 (1) APPLICATION FOR MEMBERSHIP OF ASSOCIATION PRINT HANDICAPPED RADIO OF ACT INCORPORATED (incorporated under the Associations Incorporation Act 1991) I,... (full name of applicant) of......state Post Code (address) Phone: (H) (W) Fax: E mail:. hereby apply to become a member of the above named incorporated association. In the event of my admission as a member, I agree to be bound by the rules of the Association for the time being in force. Payment is enclosed for (please tick one):.... (Signature of applicant) Date... $22.00 Ordinary membership (July to June) Incl. GST $11.00 Ordinary membership (Jan to June) Incl GST $16.50 Concessional membership (July to June) Incl GST $8.50 Concessional membership (Jan to June) Incl GST A donation of $ is enclosed to assist the work of the Association. Office use only... (Signature of proposer) Date... Receipt No Date of issue Approved
22 APPENDIX 2 Subrule 30 (2) FORM OF APPOINTMENT OF PROXY I,... (full name) of... (address) being a member of.print Handicapped Radio of ACT Inc hereby appoint... (full name of proxy) of... (address) being a member of that incorporated Association, as my proxy to vote for me on my behalf at the general meeting of the Association (annual general meeting or other general meeting, as the case may be) to be held on the... day of and at any adjournment of that meeting. *My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insert details).. (*To be inserted if desired.)... (Signature of member appointing proxy) Date... NOTE: A proxy vote may not be given to a person who is not a member of the Association.