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CONSUMER AFFAIRS VICTORIA

ASSOCIATIONS INCORPORATION ACT (1981)
and
ASSOCIATIONS INCORPORATION AMENDMENT ACT (2009)


STATEMENT OF PURPOSE

and

RULES OF THE ASSOCIATION

For

BACCHUS MARSH U3A.


 

ASSOCIATIONS INCORPORATIONS ACT 1981 and

ASSOCIATIONS INCORPORATION AMENDMENT ACT 2009

STATEMENT OF PURPOSE FOR

BACCHUS MARSH U3A

The purpose of Bacchus Marsh U3A is to provide classes and activities for mature-age persons who wish to develop their knowledge and skills. It is an autonomous, voluntary self-help Association and learning co-operative, which derives its strength from its members’ capabilities and the sharing of their knowledge and experience. It provides life long learning for older members of the community and it has low annual membership fees. All of the teaching, planning and administration of its Association are carried out by its own members.
 


 

SCHEDULE 4
REGULATION 18

RULES OF THE ASSOCIATION FOR

BACCHUS MARSH U3A.

 

  1. Name
    The name of the incorporated association is Bacchus Marsh U3A (in these Rules called "the Association").

  2. Definitions.

    1. In these Rules, unless the contrary intention appears—

      • U3A means University of the Third Age as registered with U3A Network Victoria Incorporated;

      • committee means the committee of management of the Association;

      • financial year means the year ending on 31st December;

      • general meeting means a general meeting of members convened in accordance with rule 12;

      • member means a person who is a member of the Association;

      • associate member means a member of the association who has primary membership of another U3A

      • honorary member means a member whose activities warrant special recognition;

      • ordinary member of the committee means a member of the committee who is not an officer of the Association under rule 21;

      • Regulations mean regulations under the Act;

      • relevant documents has the same meaning as in the Act;

      • Registrar means the registrar as defined in the Associations Incorporation Amendment Act 2009;

      • the Act means the Associations Incorporation Act 1981;

      • the Amendment Act means the Associations Incorporation Amendment Act 2009.
         

    2. In these Rules, a reference to the Secretary of an Association is a reference—

      1. if a person holds office under these Rules as Secretary of the Association—to that person; and

      2. in any other case, to the person who is for the time being the secretary of the incorporated association under Part V of the Amendment Act (formerly known as the public officer of the incorporated association).
         

  3. Alterations to the rules.

    1. These Rules and the Statement of Purposes of the Association shall not be altered or repealed and no new rule made except by Special Resolution.

    2. A Special General Meeting shall be called for the purpose under the conditions set out in rule 10 except that the notice given shall be 21 days.

    3. The proceedings at the Special General Meeting shall be as set out in rule 10 except that the resolution to be carried must receive the assent of three quarters of the Members present at the meeting.

  4. Membership, entry fees and subscriptions.

    1. The Association shall consist of Members, Associate Members and Honorary Members.

    2. A person who applies and is approved for membership as provided in these Rules is eligible to be a member of the Association on payment of the entrance fee and annual subscription payable under these Rules.

    3. A person who is not a member of the Association at the time of the incorporation of the Association (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless he or she applies for membership in accordance with subrule (4).

    4. An application of a person for membership of the Association must—

      1. be made in writing in the form set out in Appendix 1; and

      2. be lodged with the Secretary of the Association.

    5. The Secretary must, within 28 days after receipt of the amounts referred to in subrule (2), enter the applicant's name in the register of members.

    6. An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of members.

    7. A right, privilege, or obligation of a person by reason of membership of the Association—

      1. is not capable of being transferred or transmitted to another person; and

      2. terminates upon the cessation of membership whether by death or resignation or otherwise.

      3. Members and Associate Members shall be entitled to all privileges of the Association whilst Honorary Members shall be entitled to such privileges as the Committee shall from time to time determine.

      4. Honorary Members shall not hold office or vote at General Meetings of the Association.

    8. The entrance fee, annual subscription or any other fee is payable by all members prior to commencement of classes, or on such other date, as may be determined by the committee as in subrule 20(2)(d).

  5. Register of Members.

    1. The Secretary must keep and maintain a register of members containing—The Secretary must keep and maintain a register of members containing—

      1. the name and address of each member; and

      2. the date on which each member's name was entered in the register.

    2. The register is available for inspection free of charge by any member upon request.

    3. A member may make a copy of entries in the register, relating to their own membership.

  6. Ceasing Membership

    1. A member of the Association who has paid all moneys due and payable by a member to the Association may resign from the Association by giving one month's notice in writing to the Secretary of his or her intention to resign.

    2. After the expiry of the period referred to in subrule (1)—

      1. the member ceases to be a member; and

      2. the Secretary must record in the register of members the date on which the member ceased to be a member.

  7. Discipline, suspension and expulsion of members.

    1. Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution—

      1. suspend that member from membership of the Association for a specified period; or

      2. expel that member from the Association.

    2. A resolution of the committee under subrule (1) does not take effect unless—

      1. at a meeting held in accordance with subrule (3), the committee confirms the resolution; and

      2. if the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.

    3. A meeting of the committee to confirm or revoke a resolution passed under subrule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with subrule (4).

    4. For the purposes of giving notice in accordance with subrule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice—

      1. setting out the resolution of the committee and the grounds on which it is based; and

      2. stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and

      3. stating the date, place and time of that meeting; and

      4. informing the member that he or she may do one or both of the following—

        1. attend that meeting;

        2. give to the committee before the date of that meeting a written statement seeking the revocation of the resolution; and

      5. informing the member that, if at that meeting, the committee confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.

    5. At a meeting of the committee to confirm or revoke a resolution passed under subrule (1), the committee must—

      1. give the member, or his or her representative, an opportunity to be heard; and

      2. give due consideration to any written statement submitted by the member; and

      3. determine by resolution whether to confirm or to revoke the resolution.

    6. If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.

    7. If the Secretary receives a notice under subrule (6), he or she must notify the committee and the committee must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.

    8. At a general meeting of the Association convened under subrule (7)—

      1. no business other than the question of the appeal may be conducted; and

      2. the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and

      3. the member, or his or her representative, must be given an opportunity to be heard; and

      4. the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.

    9. A resolution is confirmed if, at the general meeting, not less than two-thirds of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.

  8. Disputes and mediation

    1. The grievance procedure set out in this rule applies to disputes under these Rules between—

      1. a member and another member; or

      2. a member and the Association.

    2. The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

    3. If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.

    4. The mediator must be—

      1. a person chosen by agreement between the parties; or

      2. in the absence of agreement—

        1. in the case of a dispute between a member and another member, a person appointed by the committee of the Association; or

        2. in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).

    5. A member of the Association can be a mediator.

    6. The mediator cannot be a member who is a party to the dispute.

    7. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

    8. The mediator, in conducting the mediation, must—

      1. give the parties to the mediation process every opportunity to be heard; and

      2. allow due consideration by all parties of any written statement submitted by any party; and

      3. ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

    9. The mediator must not determine the dispute.

    10. If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law

  9. Annual General Meetings

    1. The committee may determine the date, time and place of the annual general meeting of the Association.

    2. The Annual General Meeting shall be held within 90 days of the end of the financial year on such a date, time and place as the Committee determines.

    3. The notice convening the annual general meeting must specify that the meeting is an annual general meeting.

    4. The ordinary business of the annual general meeting shall be—

      1. to confirm the minutes of the previous annual general meeting and of any general meeting held since that meeting; and

      2. to receive from the committee reports upon the transactions of the Association during the last preceding financial year; and

      3. to elect officers of the Association and the ordinary members of the committee; and

      4. to appoint an Auditor; and

      5. to receive and consider the statement submitted by the Association in accordance with section 30(3) of the Act.

    5. The annual general meeting may conduct any special business of which notice has been given in accordance with these Rules.

  10. Special General Meetings

    1. In addition to the annual general meeting, any other general meetings may be held in the same year.

    2. All general meetings other than the annual general meeting are special general meetings.

    3. The committee, the President or the Secretary may, convene a special general meeting of the Association.

    4. If, but for this subrule, more than 15 months would elapse between annual general meetings, the committee must convene a special general meeting before the expiration of that period.

    5. The committee must, on the request in writing of members representing not less than 5 per cent of the total number of members, convene a special general meeting of the Association.

    6. The request for a special general meeting must—

      1. state the objects of the meeting; and

      2. be signed by the members requesting the meeting; and

      3. be sent to the address of the Secretary.

    7. If the committee does not cause a special general meeting to be held within one month after the date on which the request is sent to the address of the Secretary, the members making the request, or any of them, may convene a special general meeting to be held not later than 3 months after that date.

    8. If a special general meeting is convened by members in accordance with this rule, it must be convened in the same manner so far as possible as a meeting convened by the committee and all reasonable expenses incurred in convening the special general meeting must be refunded by the Association to the persons incurring the expenses.

  11. Special business
    All business that is conducted at a special general meeting and all business that is conducted at the annual general meeting, except for business conducted under the rules as ordinary business of the annual general meeting, is deemed to be special business.

  12. Notice of general meetings

    1. The Secretary of the Association, at least 14 days, or if a special resolution has been proposed at least 21 days, before the date fixed for holding a general meeting of the Association, must cause to be sent to each member of the Association, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.

    2. Notice may be sent—

      1. by prepaid post to the address appearing in the register of members; or

      2. if the member requests, by facsimile transmission or electronic transmission.

    3. No business other than that set out in the notice convening the meeting may be conducted at the meeting.

    4. A member intending to bring any business before a meeting may notify in writing, or by electronic transmission, the Secretary of that business, who must include that business in the notice calling the next general meeting.

  13. Quorum at general meetings

    1. No item of business may be conducted at a general meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considering that item.

    2. Five members or 5% of the membership, whichever is the greater, personally present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the conduct of the business of a general meeting.

    3. If, within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present—

      1. in the case of a meeting convened upon the request of members—the meeting must be dissolved; and

      2. in any other case—the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place.

    4. If at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members personally present (being not less than 3) shall be a quorum.

  14. Presiding at general meetings

    1. The President, or in the President's absence, the Vice-President, shall preside as Chairperson at each general meeting of the Association.

    2. If the President and the Vice-President are absent from a general meeting, or are unable to preside, the members present must select one of their number to preside as Chairperson.

  15. Adjournment of meetings

    1. The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.

    2. No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.

    3. If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with rule 12.

    4. Except as provided in subrule (3), it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.

  16. Voting at general meetings

    1. Upon any question arising at a general meeting of the Association, a member has one vote only.

    2. All votes must be given personally or by proxy.

    3. In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.

    4. A member is not entitled to vote at a general meeting unless all moneys due and payable by the member to the Association have been paid, other than the amount of the annual subscription payable in respect of the current financial year.

  17. Poll at general meetings

    1. If at a meeting a poll on any question is demanded by not less than 3 members, it must be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.

    2. A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.

  18. Manner of determining whether resolution carried
    If a question arising at a general meeting of the Association is determined on a show of hands—

    1. a declaration by the Chairperson that a resolution has been—

      1. carried; or

      2. carried unanimously; or

      3. carried by a particular majority; or

      4. lost; and

    2. 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.

  19. Proxies

    1. Each member is entitled to appoint another member as a 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. The notice appointing the proxy must be—

      1. for a meeting of the Association convened under subrule 7(7), in the form set out in Appendix 2; or

      2. in any other case, in the form set out in Appendix 3.

  20. Committee of management

    1. The affairs of the Association shall be managed by the committee of management.

    2. The committee—

      1. shall control and manage the business and affairs of the Association; and

      2. may, subject to these Rules, the Act and the Regulations, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these Rules to be exercised by general meetings of the members of the Association; and

      3. subject to these Rules, the Act and the Regulations, has power to perform all such acts and things as appear to the committee to be essential for the proper management of the business and affairs of the Association.

      4. shall set the amount for the fees payable under subrule 4(8) at such times as deemed appropriate.

    3. Subject to section 23 of the Act, the committee shall consist of—

      1. the officers of the Association; and

      2. a minimum of two ordinary members to a maximum of eight ordinary members—
            each of whom shall be elected at the annual general meeting of the Association.

    4. Committee Members shall be elected for a period of two years, except that the Committee elected at the Inaugural Meeting shall divide itself into two divisions, each of up to six persons as follows:

      1. Division one, whose term shall end at the expiration of two years; and

      2. Division two, whose term shall end at the expiration of one year, or at the first Annual General Meeting.

    5. A retiring Committee Member is eligible for re-election.

  21. Office holders

    1. The officers of the Association shall be—

      1. a President;

      2. a Vice-President;

      3. a Treasurer; and

      4. a Secretary.

    2.  

      1. The President shall act as required in rule 28 and subrule 32(2) and if required, be able to represent the Association in a public forum.

      2. The Secretary shall keep all records as required, and carry out the duties as detailed in these rules and as defined in subrule 2(2).

      3. The Treasurer shall collect, disperse and keep account of all monies due and belonging to the Association, and maintain account books.

    3. The provisions of rule 23, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices referred to in subrule (1).

    4. Each officer of the Association shall hold office in accordance with subrule 20(4).

    5. In the event of a casual vacancy in any office referred to in subrule (1), the committee may appoint one of its members to the vacant office and the member appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.

  22. Ordinary members of the committee

    1. Subject to these Rules, each ordinary member of the committee shall hold office in accordance with subrule 20(4).

    2. In the event of a casual vacancy occurring in the office of an ordinary member of the committee, the committee may appoint a member of the Association to fill the vacancy and the member appointed shall hold office, subject to these Rules, until the conclusion of the annual general meeting next following the date of the appointment.

  23. Election of officers and ordinary committee members

    1. Nominations of candidates for election as officers of the Association or as ordinary members of the committee must be—

      1. made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and

      2. delivered to the Secretary of the Association not less than 7 days before the date fixed for the holding of the annual general meeting.

    2. A candidate may only be nominated for one office, or as an ordinary member of the committee, prior to the annual general meeting.

    3. If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations may be received at the annual general meeting.

    4. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.

    5. If the number of nominations exceeds the number of vacancies to be filled, a ballot must be held.

    6. The ballot for the election of officers and ordinary members of the committee must be conducted at the annual general meeting in such manner as the committee may direct.

  24. Vacancies
    The office of an officer of the Association, or of an ordinary member of the committee, becomes vacant if the officer or member—

    1. ceases to be a member of the Association; or

    2. becomes an insolvent under administration within the meaning of the Corporations Act; or

    3. resigns from office by notice in writing given to the Secretary.

    4. is absent from 3 consecutive ordinary meetings of the Committee without having been granted leave of absence.

  25. Meetings of the committee

    1. The committee must meet at least 4 times in each year at such place and such times as the committee may determine.

    2. Special meetings of the committee may be convened by the President or by any 4 members of the committee.

  26. Notice of committee meetings

    1. Written notice of each committee meeting must be given to each member of the committee at least 2 business days before the date of the meeting.

    2. Written notice must be given to members of the committee of any special meeting specifying the general nature of the business to be conducted and no other business may be conducted at such a meeting.

  27. Quorum for committee meetings

    1. Any 4 members of the committee constitute a quorum for the conduct of the business of a meeting of the committee.

    2. No business may be conducted unless a quorum is present.

    3. If within half an hour of the time appointed for the meeting a quorum is not present—

      1. in the case of a special meeting—the meeting lapses;

      2. in any other case—the meeting shall stand adjourned to the same place and the same time and day in the following week.

    4. The committee may act notwithstanding any vacancy on the committee.

  28. Presiding at committee meetings

    1. the President or, in the President's absence, the Vice-President presides; or

    2. if the President and the Vice-President are absent, or are unable to preside, the members present must choose one of their number to preside.

  29. Voting at committee meetings

    1. Questions arising at a meeting of the committee, or at a meeting of any subcommittee appointed by the committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determine.

    2. Each member present at a meeting of the committee, or at a meeting of any subcommittee appointed by the committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

  30. Removal of committee member

    1. The Association in general meeting may, by resolution, remove any member of the committee before the expiration of the member's term of office and appoint another member in his or her place to hold office until the expiration of the term of the first-mentioned member.

    2. A member who is the subject of a proposed resolution referred to in subrule (1) may make representations in writing to the Secretary or President of the Association (not exceeding a reasonable length) and may request that the representations be provided to the members of the Association.

    3. The Secretary or the President may give a copy of the representations to each member of the Association or, if they are not so given, the member may require that they be read out at the meeting.

  31. Return of documents belonging to the incorporated association

    1. This section applies if—

      1. a person, by virtue of the person’s office or role in or membership of an incorporated association, has in the person’s custody documents of the association; and

      2. the person ceases to hold that office or have that role or ceases to be a member of the association.

    2. Within 28 days of the person ceasing to hold that office or have that role or ceasing to be a member, the person, or the estate of the person, must return those documents to the committee of the incorporated association.

    3. If—

      1. a person, or a person’s estate, has failed to comply with subrule (2); and

      2. a written request from the secretary or the statutory manager of the incorporated association for the return of the documents has been sent by registered mail to the person, or the person’s estate; and

      3. the documents have not been returned within 28 days of receipt of the request—

      the incorporated association may apply to the Magistrates’ Court for an order directing the person, or the executor or administrator of the estate of the person, to return the documents to the incorporated association.

    4. The Magistrates’ Court may make the order applied for under subrule (3).

  32. Minutes of meetings

    1. The Secretary of the Association must keep accurate minutes of the resolutions and proceedings of each general meeting, and each committee meeting, together with a record of the names of persons present and a record of apologies from persons unable to be present at committee meetings of the incorporated association.

    2. The President of the Association shall receive the minutes of the previous meeting(s) at the next meeting and after acceptance as a true and correct record of the proceedings of the previous meeting(s) shall sign and date the official minutes and give them to the Secretary for storage.

    3. Copies of the minutes of general meetings and committee meetings (including accounting records and financial statements) of the incorporated association are to be made available for inspection free of charge to any member upon reasonable notice to the secretary.

  33. Funds

    1. The Treasurer of the Association must—

      1. collect and receive all moneys due to the Association, lodge payments in the Association's bank as appointed by the Committee in the name of the Association and make all payments authorised by the Association; and

      2. 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.

    2. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by two members of the committee.

    3. The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the committee determines.

    4. The assets and income of the Association shall be applied solely in furtherance of its 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.

  34. Seal

    1. The common seal of the Association must be kept in the custody of the Secretary.

    2. The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of two members of the committee or, of one member of the committee and of the secretary of the Association.

  35. Notice to members
    Except for the requirement in rule 12, any notice that is required to be given to a member, by or on behalf of the Association, under these Rules may be given by—

    1. delivering the notice to the member personally; or

    2. sending it by prepaid post addressed to the member at that member's address shown in the register of members; or

    3. facsimile transmission, if the member has requested that the notice be given to him or her in this manner; or

    4. electronic transmission, if the member has requested that the notice be given to him or her in this manner.

  36. Winding up of the association and Distribution of surplus assets.

    1. In this section surplus assets, in relation to the winding up of an incorporated association, means those assets remaining after satisfaction of the debts and liabilities of the incorporated association and the costs, charges and expenses of the winding up.

    2. Subject to subrule (3), an incorporated association must not distribute any surplus assets available for distribution at the completion of the winding up of the incorporated association, to—

      1. any member or former member of the incorporated association; or

      2. to any person to be held on trust for any member or former member of the incorporated association;

    3. Despite subrule (2), an asset or part of an asset of the incorporated association that consists of property supplied by a government department, public authority or Council, including the unexpended portion of a grant, must be returned to the department, authority or Council that supplied it or to a body nominated by the department, authority or Council.

    4. Subject to this section and any court order, the surplus assets of an incorporated association are, on the winding up of the incorporated association, to be distributed in accordance with these rules to another association which has similar objectives and which also has rules prohibiting the distribution of its assets and income to its members.

  37. Custody and inspection of books and records

    1. Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Association.

    2. All accounts, books, securities and any other relevant documents of the Association must be available for inspection free of charge by any member upon reasonable notice to the secretary.

  38. Appointment and Removal of Auditor

    1. A person appointed as Auditor of an incorporated association shall audit the financial books of the association and send a report of such audit to the Annual General Meeting.

    2. An auditor of an incorporated association may be removed from office by resolution at a general meeting of the incorporated association in accordance with this section but not otherwise.

    3. Written notice of an intention to move a resolution referred to in subrule (2) must be given to every member of the incorporated association at least 2 months before the general meeting is to be held.

    4. The notice must state in full the proposed resolution.

    5. As soon as possible after being given the notice of the resolution, the secretary of the incorporated association must—

      1. give a copy of the notice to the auditor, and

      2. lodge a copy of the notice with the Registrar.

    6. Within 7 days after receiving a notice under subrule (5) the auditor may—

      1. make a written representation, not exceeding a reasonable length, to the secretary of the incorporated association; and

      2. request that a copy of the representation be given to the members of the incorporated association.

    7. Unless the Registrar on the application of the incorporated association otherwise orders—

      1. the secretary must give a copy of the written representation made by the auditor to all members of the incorporated association before the meeting at which the resolution is to be considered; and

      2. the auditor must be allowed to attend the meeting at which the resolution is to be considered and address the meeting prior to the vote on the resolution.

    8. The Registrar may make an order under subrule (7) subject to any conditions the Registrar considers appropriate.

    9. A document required to be given to a member of an incorporated association under this section may be given—

      1. personally; or

      2. by post; or

      3. by any other means authorised under the rules of the incorporated association.

    10. All costs associated with giving a document to the members of the incorporated association under this section are to be borne by the incorporated association.

End of Document.