Constitution - Page 6
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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(1) The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the D.C.C.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