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The name of the incorporated association is The Cathay Community Association Inc. (in these Rules called the “Association“).
The objects of the Association are to provide recreational, social and educational facilities, vocational and technical training, welfare and social services, and like services and facilities for the benefit and advancement of its members and the general community, specifically the Chinese community.
The powers of the Association are:
4. CLASSES OF MEMBERS
4.1. The membership of the Association shall consist of the following classes of members:
4.2. The number of members in each class shall be unlimited.
4.3. Persons who have ceased to be Ordinary Members, Associate Members, Life Members or Patrons, in all respect, are not to be Members of the Association.
5.1. Every applicant for any class of membership of the Association must be:
5.2. An application for membership must be:
6. MEMBERSHIP FEES
The membership fee for each class of membership, other than a Patron shall be such sum, and payable in such manner, as the Management Committee may from time to time so determine.
7. ADMISSION AND REJECTION OF MEMBERS
7.1. At the next meeting of the Management Committee after receipt of any application and the fee applicable for the corresponding class of membership, such application shall be considered by the Management Committee, who shall thereupon determine upon the admission or rejection of the applicant.
7.2. Any applicant who receives a majority of the votes of the members of the Management Committee present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for.
7.3. Any applicant who fails to receive a majority of the votes of the members of the Management Committee present at the meeting at which such application is being considered shall not be accepted as a member to the class of membership applied for.
7.4. Upon the acceptance or rejection of an application for any class of membership, the Secretary shall, as soon as practicable, give the applicant notice in writing or such acceptance or rejection
8. TERMINATION OF MEMBERSHIP
8.1. A member may resign from the Association at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary, unless a later date is specified in the notice when it shall take effect on that later date.
8.2. Notwithstanding Rule 8.2, the resigning member shall remain liable for any membership fees and all arrears due and unpaid at the date of his resignation and for all other moneys due by that resigning member to the Association.
8.3. If a member:
the Management Committee shall consider whether his or her membership or delegation shall be terminated.
8.4. In the case of an Ordinary Member or Life Member, the member concerned shall be given full and fair opportunity or presenting his or her case and if the Management Committee resolves to terminate his or her membership for reasons prescribed in Rule 8.3, the Management Committee shall instruct the Secretary to advise the member in writing accordingly
8.5. In the case of an Ordinary Member or Associate Member, whose membership fees is in arrears for a period of two months or more, his or her membership shall be deemed to have been terminated on the date which is one year after the commencement of their last membership year, and the Secretary shall advise the member in writing accordingly.
9. APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
9.1. A person whose application for membership has been rejected may within one month of receiving written notification thereof, lodge with the Secretary written notice of his or her intention to appeal against the decision of the Management Committee.
9.2.A member, other than an Associate Member or Patron, whose membership has been terminated may within one month of receiving written notification thereof, lodge with the Secretary written notice of his or her intention to appeal against the decision of the Management Committee.
9.3. Notwithstanding Rules 9.1 and 9.2, a member, other than a Life Member or Patron, whose membership has been terminated by reason of Rule 8.5 is not entitled to appeal against the termination. His or her only recourse is to submit a further application for membership under Rule 5.
9.4. Upon receipt of a notification of intention to appeal against rejection or termination of membership the Secretary shall convene, within three months of the date of receipt by him or her of such notice, a general meeting to determine the appeal. At such a meeting, the applicant shall be given the opportunity to fully present his or her case and the Management Committee or those members thereof who rejected the application for membership or terminated the membership subsequently shall likewise have the opportunity of presenting its or their case. The appeal shall be determined by the vote of all Ordinary Members and Life Members, except for the members whose membership is in determination, present at such meeting.
9.5. Where a person whose application is rejected, does not appeal against the decision of the Management Committee within the time prescribed under Rule 9.1 or so appeals but the appeal is unsuccessful, the Secretary shall forthwith refund the amount of any fee paid as part of that member’s application being the subject of the appeal.
10. REGISTER OF MEMBERS
10.1. The Management Committee shall keep a register of members to be kept in which shall be entered the names and postal addresses of all members admitted to membership of the Association and the date of their admission.
10.2. Particulars shall also be entered into the register of deaths, resignations, termination and reinstatements of membership and any further particulars as the Management Committee or the members at any general meeting may require from time to time.
10.3. The register shall be open for inspection at all reasonable times by any member who has previously applied to the Secretary for such inspection.
11.1. If a vacancy happens in the office of Secretary, the members of the Management Committee must ensure that a secretary is appointed or elected for the Association within 1 month of the vacancy. For clarity, in the case of a vacancy in the office of Secretary, and until such time as the appointment or election of the secretary under this Rule 11.1, the Treasurer shall be the interim officer as secretary for the Association.
11.2. The Secretary must be an individual residing in Queensland, or in another State within the Commonwealth of Australia but not more than 150 km from the Queensland border, who is an Ordinary Member or Life Member of the Association elected by the members at a general meeting as Secretary.
11.3. The Management Committee may resolve at a meeting of the Management Committee, by a vote of two-thirds majority of the members of the Management Committee, to remove the Association’s Secretary. Notwithstanding his or her removal as the Association’s Secretary under this Rule, the person shall remain a member of the Management Committee.
11.4. The office of Secretary shall become vacant if the person holding that office
12. MEMBERSHIP OF MANAGEMENT COMMITTEE
12.1. The Management Committee of the Association consists of a President, Treasurer, Secretary and any other member of the Association as the Ordinary or Life Members shall elect or appoint at a General Meeting, up to a maximum of 6 other members.
12.2. The Association may from time to time by ordinary resolution passed at a general meeting to increase or reduce the number of members of the Management Committee.
12.3. A person is not eligible for to be a member of the Association’s Management Committee if:
12.4. In this Rule 12:
“rehabilitation period” has the meaning given in the Criminal Law (Rehabilitation Offenders) Act 1986.
12.5. A member of the Management Committee must have been a member of the Association for at least two years.
12.6.The President, the Treasurer and the Secretary must have been a member of the Management Committee for at least one year.
13. ELECTING THE MANAGEMENT COMMITTEE
13.1. A member of the Management Committee may only be elected in accordance with this Rule 14, provided that the President, Treasurer and Secretary shall be elected in accordance with Rule 13.2:
13.2. The President, Treasurer and Secretary must only be elected in accordance with this Rule 13.2:
14. RESIGNATION OR REMOVAL FROM OFFICE OF MANAGEMENT COMMITTEE MEMBER
14.1. Any member of the Management Committee may resign from the membership of the Management Committee at any time by giving written notice to the Secretary, but such resignation shall take effect:
14.2. A member of the Management Committee will automatically have his or her membership of the Management Committee terminated, if he or she:
14.3. A member of the Management Committee may be removed from office at a General Meeting of the Association if a majority of the voting members present at the meeting vote in favour of removing the member. Before a vote of the voting members is taken about removing the member from office, the member whose membership of the Management Committee is sought to be removed must be given a full and fair opportunity to show cause why he or she should not be removed from the Management Committee.
14.4. A member has no right of appeal against the member’s removal from the Management Committee under this Rule 14.
15. VACANCIES OF MANAGEMENT COMMITTEE
15.1. If a vacancy happens on the Management Committee by reason of a member’s resignation, removal or death, the continuing members of the Management Committee may appoint another voting member of the Association of at least 2 years standing to fill the vacancy until the next Annual General Meeting.
15.2. The continuing members of the Management Committee may act despite a vacancy on the Management Committee.
15.3. However, if the number of members of the Management Committee is less than the number fixed under these rules as a quorum of the Management Committee, the continuing members may act only to:
16. FUNCTIONS OF A MANAGEMENT COMMITTEE
16.1. Except as otherwise provided by these Rules and subject to resolutions of the voting members of the Association carried at any General Meeting, the Management Committee:
16.2. The Management Committee may exercise all the powers of the Association, including but not limited to:
17. MEETINGS OF MANAGEMENT COMMITTEE
17.1. The Management Committee shall meet at least once every 3 months to exercise its functions
17.2. A special meeting of the Management Committee shall be convened by the secretary on the requisition in writing signed by not less than one-third of the members of the Management Committee, which requisition shall clearly state the reasons why such special meeting is being convened and the nature of the business to be transacted thereat.
17.3. At a Management Committee meeting, more than 50% of the members elected or appointed to the Management Committee as at the close of the last General Meeting of the members shall constitute a quorum.
17.4. Subject as previously provided in this Article, the Management Committee may meet together and regulate its proceedings as it thinks fit: Provided that questions arising at any meeting of the Management Committee shall be decided by a majority of votes and, in the case of equality of vote, the question shall be deemed to be decided in the negative.
17.5. A member of the Management Committee shall not vote in respect of any contract or proposed contract with the Association in which one is interested, or any matter arising thereof, and if one does so vote the vote shall not be counted.
17.6. Not less than 7 days’ notice shall be given by the Secretary to the members of the Management Committee of any special meeting of the Management Committee. Such notice shall clearly state the nature of the business to be discussed thereat.
17.7. The President shall preside as Chairperson at every meeting of the Management Committee, or if there is no President, or if at any meeting he or she is not present within 30 minutes after the time appointed for holding the meeting the members may choose one of their number to be Chairman of the meeting.
17.8. If within half an hour from the time appointed for the commencement of a Management Committee meeting a quorum is not present, the meeting, if convened upon the requisition of members of the Management Committee, shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the Management Committee may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the meeting shall lapse.
18. SUBCOMMITTEES AND ADVISORY BOARDS
18.1. The Management Committee may delegate any of its powers to a subcommittee consisting of:
18.2. Any subcommittee so formed under Rule 18.1 may only exercise the delegated powers in the way the Management Committee decides.
18.3. A subcommittee must be chaired by a member of the Management Committee. If no such member is present with 30 minutes after the time appointed for holding the meeting, the members present may choose one of the members to chair the meeting.
18.4. A subcommittee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present and, in the case of an equality of votes, the
question shall be deemed to be decided in the negative.
18.5. The Management Committee may appoint one or more advisory boards consisting of such member or members as the Management Committee thinks fit. Such advisory boards shall act in an advisory capacity only. They shall conform to any regulations that may be imposed by the Management Committee and subject thereto shall have power to co-opt any member or members of the Association and all members of such advisory boards shall have one vote.
19. ACTS NOT AFFECTED BY DEFECTS OR DISQUALIFICALTIONS
19.1. An act performed by the Management Committee, a subcommittee or a person acting as a member of the Management Committee is taken to have been validly performed.
19.2. Subsection (1) applies even if the act was performed when –
20. RESOLUTIONS OF MANAGEMENT COMMITTEE WITHOUT MEETING
20.1. A written resolution signed or accepted by each member of the Management Committee for the time being entitled to receive notice of a Management Committee meeting is as valid and effectual as if it had been passed at a Management Committee meeting that was properly called and held.
20.2. A resolution mentioned in Rule 20.1 may consist of several documents in like form, each signed by 1 or more members of the committee.
21. ANNUAL GENERAL MEETINGS
Annual General Meeting must be held –
22. BUSINESS TO BE CONDUCTED AT ANNUAL GENERAL MEETING
22.1 The following business must be conducted at each annual general meeting:
22.2 Except for the purposes of Rules 21 and 22 herein, any reference in these rules to a “general meeting” shall be deemed to include an “annual general meeting”.
23. NOTICE OF GENERAL MEETING
23.1 The Secretary may call a General Meeting of the Association.
23.2 The Secretary must give at least 14 days’ notice of the meeting to each Association member.
23.3 The management committee may decide the way in which the notice must be given.
23.4 However, notice of the following meetings must be given in writing:
23.5 A notice of a General Meeting must state the business to be conducted at the meeting.
24. SPECIAL GENERAL MEETING
24.1 The Secretary may call a special general meeting by giving each member notice of the meeting within 14 days after:
24.2 A request mentioned in Rule 24.1(b) must state:
24.3 Except for the purposes of this rule 24, any reference in these rules to a “general meeting” shall be deemed to include a “special general meeting”.
25. QUORUM FOR, AND ADJOURNMENT OF, GENERAL MEETING
25.1 At a General Meeting the number of members of the Management Committee plus 1 shall become a quorum.
25.2 No business may be conducted at a General Meeting unless a quorum of members is present when the meeting proceeds to business.
25.3 If a quorum is not present within 30 minutes after the time fixed for a General Meeting called on the request of members of the Management Committee or the Association, the meeting lapses.
25.4 If a quorum is not present within 30 minutes after the time fixed for a General Meeting called other than on the request of members of the Management Committee or the Association, the meeting is to be adjourned to –
25.5 If at an adjourned meeting, a quorum under Rule 25.1 is not present within 30 minutes after the time fixed for the meeting, the voting members present being not less than 5, form a quorum.
25.6 The chairperson may, with the consent of any meeting at which a quorum is present, and must if directed by the meeting, adjourn the meeting from time to time and from place to place.
25.7 If a meeting is adjourned under Rule 25.6, only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting
25.8 The Secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.
25.9 If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.
25.10 In this rule –
“member” includes a person attending as a proxy or representing a voting member.
26. PROCEDURE AT GENERAL MEETING
26.1 Subject to these rules, at each General Meeting:
26.2 To ensure the accuracy of the minutes recorded under Rule 26.1(r):
27. BY LAWS
27.1 The Management Committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the Association.
27.2A by-law may be set aside by a vote of members at a general meeting of the Association
28. ALTERATION OF RULES
28.1 Subject to the Associations Incorporation Act 1981, these rules may be amended, repealed or added to by a special resolution carried at a General Meeting.
28.2 However an amendment, repeal or addition is valid only if it is registered by the chief executive.
29. COMMON SEAL
29.1 The Management Committee must ensure the Association has a common seal.
29.2 The common seal must be:
29.3 Each instrument to which the seal is attached must be signed by a member of the Management Committee and countersigned by:
30.1 An Auditor for the purposes of these rules must be either:
30.2 An Auditor for the purposes of these rules must not be:
31. FUNDS AND ACCOUNTS
31.1 The funds of the Association must be kept in an account in the name of the Association in a financial institution decided by the Management Committee.
31.2 Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the Association.
31.3 All amounts must be deposited in the financial institution account as soon as practicable after receipt.
31.4 All cheques must be signed by, and all electronic payments or transfers must be authorised by any 2 of the following:
31.5 Cheques other than cheques for wages, allowance or petty cash recoupment, must be crossed “not negotiable”.
31.6 A petty cash account must be kept in accordance with best industry practice, and the Management Committee must decide the amount of petty cash to be kept in the account.
31.7 All expenditure must be approved or ratified at a Management Committee meeting.
31.8 The Treasurer must, as soon as practicable after the end of each financial year, ensure a statement containing the following particulars is prepared:
31.9 An Auditor must examine the statement prepared under Rule 31.8 and present a report about it to the Secretary before the next Annual General Meeting following the financial year for which the audit was made.
31.10 The income and property of the Association must be used solely in promoting the Association’s objects and exercising the Association’s powers
32.1 The Management Committee must ensure the safe custody of all books, documents, instruments of title and securities of the Association.
32.2 All records and accounts shall be open for inspection by the members, subject to any reasonable restrictions as to the time and manner of inspection which may be imposed by the Management Committee.
33. FINANCIAL YEAR
The financial year of the Association closes on 30 June in each year.
34. DISTRIBUTION OF SURPLUS ASSETS
If the Association shall be wound up in accordance with the provisions of the Associations Incorporation Act 1981, and there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Association, but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Association, and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Association under or by virtue of Rule 2 such institution or institutions to be determined by the members of the Association.
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