Constitution
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Drummoyne Community Centre Incorporated Constitution
Approved Special General Meeting 10/9/2004
Ratified Department of Fair Trading 12/10/2004
PART 1-PREAMBLE
1. VISION AND OBJECTS
(1) Vision
A safe, inclusive community which enables all its residents to share a vibrant cultural life.
(2) Mission Statement
To identify and respond to the needs of the City of Canada Bay community through programs, services, partnerships and community building activities.
(3) Objects
(a) To provide the Drummoyne district and surrounding areas with a Neighbourhood Centre, which is a non-profit, welfare, charitable and benevolent organization meeting the needs of all people, irrespective of age, gender, race, religion, disability or economic status.
(b) To encourage the involvement and support of the local community in the Centre's activities and in the solution of community problems.
(c) To develop programs and services for people in the community of all ages and circumstances; particularly, for the relief of distress, suffering, misfortune and helplessness.
(d) To establish, maintain contact and collaborate with other groups providing community services and to co-operate in exploring ways of meeting community needs and furthering social capital.
(e) To respond flexibly to changing community needs using a range of strategies including:
(i) An information and referral point for all area services.
(ii) Adult and community education programs
(iii) Self-help support groups.
(iv) Volunteer program opportunities to participate in community activities.
(v) Social and welfare support programs.
(vi) A centre where residents meet either formally or informally to participate in community activity.
PART 2- PRELIMINARY
2. NAME
The name of the organisation shall be Drummoyne Community Centre Incorporated
3. DEFINITIONS
(1) In these rules:
"D.C.C. or association" means the Drummoyne Community Centre Incorporated under the Associations Incorporation Act 1984.
"Committee" means Management Committee comprising the persons referred to in clause 15 of this Constitution.
"Committee Member" means an office bearer or member of the Committee and is paid up ordinary members, duly elected at an annual general meeting of ordinary members.
"Life Member" see 5a below.
"Group Member" means an organisation or group associated with D.C.C. which has become a paid-up member of D.C.C. accepted by the Committee. Group members are entitled to one vote per group.
"Member" means a paid-up member of D.C.C. accepted by the Committee.
"Secretary" means:
(a) the person holding office under these rules as secretary of D.C.C.; or
(b) if no such person holds that office - the public officer of D.C.C.;
"Council Representatives" are two persons nominated by the City of Canada Bay Council.
"Special General Meeting" means a general meeting of the association other than an annual general meeting;
"the Act" means the Associations Incorporation Act 1984 and "the Regulation" means the Associations Incorporation Regulation 1994.
(2) In these rules:
(a) a reference to a function includes a reference to a power, authority and duty; and
(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.
(3) The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.
PART 3 - MEMBERSHIP
4. MEMBERSHIP QUALIFICATIONS
A person is qualified to be a member of the D.C.C. if, but only if:
(a) the person or entity is a person referred to in section 15(1)(a), (b) or (c) of the Act and has not ceased to be a member of the D.C.C. pursuant to rule 6; or
(b) the person is a natural person or entity who has:
(i) applied for membership of D.C.C. as provided by rule 5; and
(ii) who has been approved for membership of D.C.C. by the Committee.
5. APPLICATION FOR D.C.C MEMBERSHIP
(1) An application of a person or entity for membership:
(a) must be made by the applicant in the form set out in Appendix 1; and
(b) lodged with the secretary of D.C.C. together with a payment of the membership fee and annual subscription set out in rule 10.
(2) As soon as practicable after receiving an application for membership, the secretary must refer the application to the Committee which is to determine whether to approve or to reject the application.
(3) If the committee approves the application the secretary shall then notify the applicant and enter the applicant's name in the register of members. Upon such entry, the applicant becomes a member of DCC.
(4) If the Committee rejects the application it will refund to the applicant the membership fee and annual subscription paid in rule 5(1).
5a. LIFE MEMBERS
(1) A person is eligible for Life Membership if, and only if:
(a) A person is a member of the DCC.
(b) The member has been nominated in writing by completing the form set out in Appendix 3 for life membership.
(c) The nomination must have a Proposer and Seconder who are members of the DCC.
(d) The nomination is lodged with the Secretary of DCC no later than 6 weeks before the Annual General Meeting.
(2) The Committee will meet to discuss any Life Membership nominations and will consider the nomination and any submissions received in support of the nomination at the time it is lodged with the Secretary.
(3) At the time the nomination is considered by the Committee, the Committee when deciding to accept or reject the nomination, must reject the nomination if at that time to accept the nomination would result in the number of Life Members exceeding 2% of the total DCC membership.
(4) The Committee's decision to accept a nomination must be unanimous by secret ballot.
(5) If the Committee accepts a nomination, the nomination will then be put to the members for determination by a majority of votes at the next Annual General Meeting held pursuant to clause 25.
(6) If the Committee rejects a nomination, a member may be re-nominated at any other time.
(7) A Life Member shall not be required to pay membership or any other DCC fees.
6. CESSATION OF MEMBERSHIP OR LIFE MEMBERSHIP
A person ceases to be a member or life member of the D.C.C. if the person:
(a) dies; or
(b) resigns membership or life membership; or
(c) is expelled from D.C.C. by the Committee; or
(d) has not paid membership fees by the time of the Annual General Meeting.
7. MEMBERSHIP OR LIFE MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
A right, privilege or obligation which a person has by reason of being a member or life member of D.C.C.:
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates on cessation of the person's membership or life membership.
8. RESIGNATION OF MEMBERSHIP
(1) A member is not entitled to resign that membership except in accordance
with this rule.
(2) A member who has paid all amounts payable, may resign by first giving notice of resignation to the secretary (one month's written notice or as agreed by the Committee)
(3) The secretary shall record the date on which the member ceased to be a member.
9. REGISTER OF MEMBERS AND LIFE MEMBERS
(1) The public officer shall establish and maintain a register of members and life members specifying the name and address of each person or group, together with the date on which the person or group became a member or life member.
(2) The register must be kept at the principal place of administration of D.C.C. and made available, free of charge, by any member or life member to view at a reasonable hour and by agreement with the secretary.
10. FEES AND SUBSCRIPTIONS
(1) A member must, on application to membership, pay to D.C.C. a fee of $1.10 (including GST) or as otherwise determined by the Committee,
(2) In addition an annual subscription for the period 1 July to 30 June of each year as determined by the Committee is payable by members.
11. MEMBERS' OR LIFE MEMBER'S LIABILITIES
(1) The liability of a member or life member to contribute towards the payment of D.C.C.'s debts and liabilities, if any, or to the costs, charges or expenses of the winding up of D.C.C. is limited to the amount if any, of unpaid fees and subscriptions in respect of the membership.
12. RESOLUTION OF INTERNAL DISPUTES
(1) Disputes between members or life members (in their capacity as members or life members), and disputes between members or life members and D.C.C., are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.
13. DISCIPLINING OF MEMBERS OR LIFE MEMBERS
(1) A complaint may be made by any member or life member of D.C.C. that some other member or life member of D.C.C.:
(a) has persistently refused or neglected to comply with a provision or provisions of these rules: or
(b) has persistently and willfully acted in a manner prejudicial to the interests of D.C.C.
(2) On receiving such a complaint, the committee:
(a) must cause notice of the complaint to be served on the member or life member concerned: and
(b) must give the member or life member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint; and
(c) must take into consideration any submissions made by the member or life member in connection with the complaint.
(3) The Committee may, by resolution, expel the member or life member from the D.C.C. or suspend the member or life member from membership or life membership of the D.C.C. if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
(4) If the Committee expels or suspends a member or life member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member or life member of the action taken, or the reasons given by the Committee for having taken that action and of the member's or life member's right of appeal under rule 14.
(5) The expulsion or suspension does not take effect:
(a) until the expiration of the period within which the member or life member is entitled to appeal against the resolution concerned; or
(b) if within that period the member or life member exercises the right of appeal, unless and until the D.C.C. confirms the resolution under rule 14(4), whichever is the later.
14. RIGHT OF APPEAL OF DISCIPLINED MEMBER/S OR LIFE MEMBER/S
(1) A member or life member may appeal to D.C.C. in general meeting against a resolution of the Committee under rule 13, within 7 days after notice of the resolution is served on the member or life member, by lodging with the secretary a notice to that effect.
(2) The notice may, but need not, be accompanied by a statement of the grounds on which the member or life member intends to rely for the purposes of the appeal.
(3) On receipt of a notice from a member or life member under clause (1), the secretary must notify the Committee which is to convene a general meeting of the D.C.C. to be held within 28 days after the date on which the secretary received the notice.
(4) At a general meeting of the D.C.C. convened under clause (3):
(a) no business other than the question of the appeal is to be transacted; and
(b) the committee and the member or life member must be given the opportunity to state their respective cases orally or in writing, or both; and
(c) the members and life members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
(5) If at the general meeting D.C.C. passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.
PART 4 - THE COMMITTEE
15. POWERS OF THE COMMITTEE
(1) The Committee is to be called the Management Committee and, subject to the Act, the Regulation and these rules and to any resolution passed by the D.C.C. in general meeting:
(a) is to control and manage the affairs of D.C.C.; and
(b) may exercise all such functions as may be exercised by the D.C.C., other than those functions that are required by these rules to be exercised by a general meeting of members and life members of the D.C.C. and
(c) has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the D.C.C.
(2) The Committee is to consist of:
(a) the office bearers of the D.C.C. and
(b) no less than 3 and no more than 6 ordinary committee members, each of whom is to be elected at the annual general meeting of the D.C.C. under these rules,
(c) in addition, two representatives from the City of Canada Bay Council which are nominated by Council who are non-voting ex-officio members and
(d) the D.C.C. Manager as a non-voting ex-officio member.
(3) The office-bearers of the association are to be:
(a) the president;
(b) the vice-president;
(c) the treasurer;
(d) the secretary.
(e) the public officer
(4) Each member of the Committee is, subject to these rules, to hold office until the conclusion of the annual general meeting following the date of the member's election, but is eligible for re-election.
(5) In the event of a casual vacancy occurring in the membership of the Committee, the Committee may appoint a member of D.C.C. to fill the vacancy and the member so appointed is to hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.
16. ELECTION OF COMMITTEE MEMBERS
(1) Nominations of candidates for election as office-bearers of the D.C.C. or as ordinary committee members of the Committee;
(a) must be made in writing, signed by 2 members or life members of the D.C.C. and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination); and
(b) must be delivered to the secretary of the D.C.C. at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.
(3) If insufficient further nominations are received, any vacant positions remaining on the Committee are taken to be casual vacancies.
(4) If the number of nominations received is equal to the number of vacancies to be filled the persons nominated are taken to be elected.
(5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
(6) The ballot for the election of office-bearers and ordinary members of the Committee is to be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
17. SECRETARY
(1) The secretary of the D.C.C. must, as soon as practicable after being appointed as secretary, lodge notice with the D.C.C. of his or her address.
(2) It is the duty of the secretary to keep minutes of:
(a) all appointments of office-bearers and members of the committee;
(b) the names of members of the Committee present at a committee meeting or a general meeting; and
(c) all proceedings at committee meetings and general meetings.
(3) Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
18. TREASURER
It is the duty of the treasurer of the D.C.C. to ensure:
(a) that all money due to the D.C.C. is collected and received and that all payments authorised by the D.C.C. are made: and
(b) that correct books and accounts are kept showing the financial affairs of the D.C.C., including full details of all receipts and expenditure connected with the activities of the D.C.C.
19. CASUAL VACANCIES
For the purpose of these rules, a casual vacancy in the office of a member of the Committee occurs if the member:
(a) dies; or
(b) ceases to be a member or life member of the association; or
(c) becomes an insolvent under administration within the meaning of the Corporations Law; or
(d) resigns office by notice in writing given to the secretary; or
(d) is removed from office under rule 20; or
(e) becomes a mentally incapacitated person; or
(f) is absent without the consent of the Committee from all meetings of the Committee held during a period of 6 months.
20. REMOVAL OF COMMITTEE MEMBER
(1) The D.C.C. in general meeting may by resolution remove any member of the Committee from the Committee before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(2) If a member of the Committee to whom a proposed resolution referred to in clause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the D.C.C., the secretary or the president may send a copy of the representations to each member of the D.C.C. or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
21. MEETINGS AND QUORUM
(1) The Committee must meet at least 4 times in each period of 12 months at such place and time as the Committee may determine.
(2) Additional meetings of the Committee may be convened by the president or by any member of the Committee.
(3) Oral or written notice of a meeting of the Committee must be given by the secretary to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed on by the members of the Committee) before the time appointed for the holding of the meeting.
(4) Notice of a meeting given under clause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.
(5) Fifty percent of Committee Members including at least one office bearer, constitutes a quorum for the transaction of the business of a meeting of the Committee.
(6) No business is to be transacted by the Committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned and a new meeting time is to be notified as previously prescribed.
(7) At a meeting of the Committee;
(a) the president or, in the president's absence, the vice-president is to preside; or
(b) if the president and the vice-president are absent or unwilling to act, such one of the remaining members of the Committee as may be chosen by the members present at the meeting is to preside.
22. DELEGATION BY COMMITTEE TO SUB-COMMITTEE
(1) The Committee may appoint a sub-committee, and by delegation in writing, instruct one or more sub-committees to carry out one or more of its functions. The Committee may not delegate any functions imposed upon it by the Act, or by any other law.
(2) Despite any delegation provided for in clause 22(1) the Committee may continue to exercise any delegated function.
(3) The Committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
(4) A delegation under this section 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.
(5) 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 it if had been done or suffered by the Committee.
(6) A sub-committee may meet and adjourn as it thinks proper.
(7) A sub-committee may from time to time co-opt non-members in an advisory capacity without voting rights.
23. VOTING AND DECISIONS
(1) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee are to be determined by a majority of the votes of members of the Committee or sub-committee present at the meeting.
(2) 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.
(3) Subject to rule 21(5), the Committee may act despite any vacancy on the committee.
(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or by a sub-committee appointed by the Committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or sub-committee.
PART 5 - GENERAL MEETINGS
24. HOLDING OF ANNUAL GENERAL MEETINGS
(1) The D.C.C. must, at least once in each calendar year and within the period of 6 months after the expiration of each financial year, convene an annual general meeting of its members and life members.
(2) Clause (1) has effect subject to any extension or permission granted by the Commissioner under section 26(3) of the Act.
25. CALLING OF AND BUSINESS AT ANNUAL GENERAL MEETINGS
(1) The annual general meeting of the D.C.C. is, subject to the Act and to rule 24, to be convened on such date and at such place and time as the committee thinks fit.
(2) In addition to any other business which may be transacted at an annual general meeting the business of an annual general meeting is to include the following:
(a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting:
(b) to receive from the Committee reports on the activities of the association during the last preceding financial year;
(c) to elect office-bearers of the D.C.C. and ordinary members of the Committee;
(d) to receive and consider the statement which is required to be submitted to members under section 26(6) of the Act.
(3) An annual general meeting must be specified as such in the notice convening it.
26. CALLING OF SPECIAL GENERAL MEETINGS
(1) The Committee may, whenever it thinks fit, convene a special general meeting of the D.C.C.
(2) The Committee must, on the requisition in writing of at least 10% per cent of the total number of members and life members, convene a special general meeting of the D.C.C.
(3) A requisition of members and life members for a special general meeting;
(a) must state the purpose or purposes of the meeting; and
(b) must be signed by the members or life members making the requisition; and
(c) must be lodged with the secretary; and
(d) may consist of several documents in a similar form, each signed by one or more of the members or life members making the requisition.
(4) The Committee must hold the requested meeting within 8 weeks of the Secretary receiving a complying request.
(5) If the Committee fails to convene a special general meeting to be held within 8 weeks after that date on which a requisition of members or life members for the meeting is lodged with the secretary, any one or more of the members or life members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.
(6) A special general meeting convened by member/s or life member/s as referred to in clause (5) and (5a) must be convened as nearly as is practicable in the same manner as general meetings are convened by the Committee and any member or life member who consequently incurs reasonable expense is entitled to be reimbursed by the D.C.C. for any expense so incurred.
27. NOTICE
(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the D.C.C., the secretary must, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent in accordance to rule 44, to each member or life member at the member's or life member's address appearing in the register of members and life members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
(2) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the D.C.C., the secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be sent to each member and life member in the manner provided in clause (1) specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution.
(3) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, if a majority of the Committee members present at the meeting agree otherwise or in the case of an annual general meeting, business which may be transacted under rule 24(2).
(4) A member or life member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member or life member.
28. PROCEDURE
(1) No item of business is to be transacted at a general meeting unless a quorum of members and life members entitled under these rules to vote is present during the time the meeting is considering that item.
(2) 10 members or life members including one Committee member constitutes a quorum.
(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
(a) if convened on the requisition of members or life members, is to be dissolved; and
(b) in any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members and life members given before the day to which the meeting is adjured) at the same place.
(4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members and life members present (being at least 5) is to constitute a quorum.
29. PRESIDING MEMBER
(1) The president or, in the president's absence, the vice-president, is to preside as chairperson at each general meeting of the association.
(2) If the president and the vice-president are absent or unwilling to act, the members and life members present must elect one of their number to preside as chairperson at the meeting.
30. ADJOURNMENT
(1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members and life members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2) If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member and life member of the D.C.C. stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(3) Except as provided in clauses(1) and (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.
31. MAKING OF DECISIONS
(1) A question arising at a general meeting of the D.C.C. is to 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 chairperson 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 D.C.C., is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
(2) At a general meeting of the D.C.C., a poll may be demanded by the chairperson or by at least 3 members or life members present in person or by proxy at the meeting.
(3) If a poll is demanded at a general meeting, the poll must be taken;
(a) immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or
(b) in any other case, in such manner and at such time before the close of the meeting as the chairperson directs,
and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.
32. SPECIAL RESOLUTION
A resolution of the D.C.C. is a special resolution:
(a) if it is passed by a majority which comprises at least three-quarters of such members and life members of the D.C.C. as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which at least 21 days' written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules; or
(b) where it is made to appear to the Director-General that it is not practicable for the resolution to be passed in the manner specified in paragraph(a), if the resolution is passed in a manner specified by the Director-General.
33. VOTING
(1) On any question arising at a general meeting of the D.C.C. an individual or group member has one vote only.
(2) All votes must be given personally or by proxy but no member or life member may hold more than 5 proxies.
(3) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
(4) A member or proxy is not entitled to vote at any general meeting of the D.C.C. unless all money due and payable by the member or proxy to the association has been paid, other than the amount of the annual subscription payable in respect of the then current year.
34. APPOINTMENT OF PROXIES
(1) Each member or life member is to be entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(2) the notice appointing the proxy is to be in the form set out in Appendix 2 to these rules.
PART 6 - MISCELLANEOUS
35. INSURANCE
(1) The D.C.C. must effect and maintain insurance under section 44 of the Act.
(2) In addition to the insurance required under clause (1), the D.C.C. may effect and maintain other insurance.
36. FUNDS - SOURCE
(1) The funds of the D.C.C. are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the D.C.C. in general meeting, such other sources as the committee determines.
(2) All money received by the D.C.C. must be deposited as soon as practicable and without deduction to the credit of the D.C.C.'s bank account.
(3) The D.C.C. must, as soon as practicable after receiving any money, issue an appropriate receipt.
37. FUNDS - MANAGEMENT
(1) Subject to any resolution passed by the D.C.C. in general meeting, the funds of the D.C.C. are to be used in pursuance of the objects of the D.C.C. in such manner as the committee determines.
(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any two authorized members of the Committee or one authorized member of the Committee and one authorized employee of D.C.C., being members or employees authorized in writing to do so by the Committee.
38. PAYMENT OF OFFICE BEARERS AND MEMBERS
(1) A member of the Committee shall not be appointed to any salaried office of the D.C.C. or any office of the D.C.C. paid by fees, and no remuneration or other benefit in money or money's worth shall be given by the D.C.C. to any member of the Committee except;-
(a) repayment of out-of-pocket expenses;
39. VACATION OF OFFICE
(1) Without limiting the operation of rule 19 the office of a member of the Committee shall become vacant if-
(a) the member holds an office of profit in the D.C.C.
(b) the member is directly or indirectly interested in any contract or proposed contract with the D.C.C.
40. ALTERATION OF OBJECTS AND RULES
(1) The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the D.C.C.
(2) A proposed alteration of the rules or of the statement of the D.C.C. shall be notified to the Minister administering the Charitable Collections Act, 1934, and any other appropriate bodies (eg funding bodies) in the manner required by regulations under the relevant Acts and funding agreements.
41. COMMON SEAL
(1) The common seal of the D.C.C. must be kept in the custody of the public officer.
(2) The common seal must not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal must be attested by the signatures of 2 members of the Committee.
42. CUSTODY OF BOOKS
Except as otherwise provided by these rules, the public officer must keep in his or her custody or under his or her control all records, books and other documents relating to the D.C.C.
43. INSPECTION OF BOOKS
The records, books and other documents of the D.C.C. must be open to inspection, free of charge, by a member or life member of the D.C.C. at any reasonable hour.
44. SERVICE OF NOTICES
(1) For the purpose of these rules, a notice may be served on or given to a person:
(a) By delivering it to the person personally, or
(b) By sending it by pre-paid post to the address of the person, or
(c) By sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
(2) For the purpose if these rules, a notice is taken to have been given or served, unless the contrary is proved.
(a) In the case of a notice given or served personally, on the date on which it is received by the addressee, and
(b) in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
(c) in the case of a notice by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
45. WINDING UP
(1) In the event of the D.C.C. being dissolved, any assets which remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to any other organization which has similar objects and which is approved by the Commissioner of Taxation as a public benevolent institution for the purposes of any Commonwealth Taxation Act. The charity so nominated shall be one which fulfils the requirements specified in section 53(2) (a)-(c) of the Charitable Collections Act 1934.
46. NON-PROFIT STATUS
(1) The profits of D.C.C. will not be distributed to members or life members of the D.C.C. but will be applied to the purposes of the D.C.C.
47. COMPLIANCE WITH CHARITABLE COLLECTIONS ACT, 1934
(1) The D.C.C. shall comply with such of the provisions of the Charitable Collections Act 1934 and the regulations there under as are applicable to it.
Appendix 1 - Application for New Membership
Appendix 2 - Form of Appointment of Proxy
Appendix 3 - Nomination for Life Membership & Life Membership Selection Criteria