PART 6 - MISCELLANEOUS Return to Constitution Index

 
38. Insurance

The Board may effect and maintain insurance as appropriate.

 
39. Funds - source

(1) The Financial Year of the Association shall commence on the first day of January each year and end on the thirty first day of December in the same year.

(2) The funds of the Association are to be derived from entrance fees and annual subscriptions of members, donations, sponsorship, fundraising, grants from the controlling Rugby League bodies and, subject to any resolution passed by the Association in General Meeting, such other sources as the Board determines.

(3) All money received by the Association must be deposited as soon as practicable and without deduction, to the credit of the Association’s bank account.

(4) The Association must, as soon as practicable after receiving any money, issue an appropriate receipt.

 
40.  Funds - management

(1) Subject to any resolution passed by the Association in General Meeting, the funds of the Association are to be used in pursuance of the objects of the Association in such manner as the Board determines.

(3) In addition to the auditors elected in rule 41, the Association may employ external auditors.

(4) All cheques, drafts, bills of exchange, promissory notes, Electronic Funds Transfer and other negotiable instruments must be approved in accordance with contemporary audit guidelines by a member or members of the Board or employees of the Association, being authorised to do so by the Board.

 
41.  Audit of Accounts

(1) The audit of the Association books will be conducted in accordance with Part 5 of the Act, sections 73, 74, 75 and 77.

(2) At a Board Meeting within the financial year, the Board shall either appoint:-

(a) two members who are not members of the Board, and have not prepared or assisted with the preparation of those account; or

(b) an external auditor with accountancy qualifications.

(3) The appointment shall be advised to all members via newsletter.

 
42. Alteration of objects and rules

The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the Association.

 
43. Common seal

(1) The common seal of the Association 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 Board and the affixing of the common seal must be attested by the signatures either of 2 members of the Board or of 1 member of the Board and of the public officer or Executive Officer.

 
44. Custody of books

The Executive Officer must keep custody of, or control of, all records, books and other documents relating to the Association.

 
45. Inspection of books

The records, books and other documents of the Association must be open to inspection, free of charge, by a member of the Association at any reasonable hour.

 

 
46. 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 such as e-mail to an address specified by the person for giving or serving the notice.

(2) for the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served:

     (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 third (seventh, if posted to or from a place outside Australia) day after posting, and

     (c) in the case of a notice sent by electronic transmission (other than facsimile), 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, and

     (d) In the case of a facsimile transmission, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient.

 
47. Public Officer

(1) The Board shall appoint and ensure that the Association has a public officer at all times. The Public Officer shall be the Executive Officer, unless the Board determines otherwise. To be eligible for an appointment as public officer a person must:

     (a) Be at least eighteen (18) years of age; and

     (b) Be a resident in the Australian Capital Territory or the State of New South Wales; and

     (c) Be financially solvent; and

     (d) Must not be a patient, protected or incapable person in terms of the mental health Act 1958, and

     (e) Must not be excluded from being a Company Director under Corporations Law, and

     (f) Must not be listed on the Register of Child Sex Offenders.

 
48. Association Expenses

Members incurring expenses in carrying out Association business may be reimbursed from time to time with the approval of the Board.

 
49. Honoraria

Honoraria for members of the Association shall be determined by the members as set out in the Standing Orders.

 
50. Prohibition On Member Use Of Association Funds

No member of the Association shall be paid any fee, salary or other emolument from the income, profits or reserves of the Association for any work undertaken on behalf of, or for representation of, the Association, or of the Board or any committee of the Association as approved by the Board. This prohibition does not extend to refereeing fees paid to the Association for distribution to relevant members as payment for refereeing services by those members.

 
51. Prohibition Of Distribution Of Property To Members

In the event of the cessation or operation of, and winding up of, the Association, all property and funds of the Association are to be used in the discharge of any trading debts and other liabilities. If there is a net surplus of funds and property remaining in the name of the Association that surplus is not to be distributed to any member or members of the Association but is to be transferred to another organisation having objects the same as, or similar to, the objects of the Association.


Page updated on
8 Feb 2009