ACTBA Constitution

AUSTRALIAN CAPITAL TERRITORY

BROOMBALL ASSOCIATION (ACTBA) INC.

RULES OF THE ASSOCIATION

10 January 1995

Version 3

TABLE OF CONTENTS

Page

Section 1. Name 6

PART I - PRELIMINARY

Section 2. Interpretation 6

3 Purpose of the Association 8

Objectives of the Association 8

5 Non-profit, Non-political, Non-denominational & Non-discriminatory
Organisation 8

6 Powers of the Association 9

PART II - MEMBERSHIP

Section 7. Classes of Members 10

Membership Qualifications 11
Application for Membership 11
Membership Entitlements Not Transferable 11
Cessation of Membership 12
Resignation of Membership 12
Fees, Subscriptions, etc 12
Honorary Life Members 12
Liabilities of Officers and Members 12
Disciplining of Members 13

.17. Rights of Appeal of Persons Rejected for Membership of the Association 14

Rights of Appeal of Disciplined Members 14

PART III - THE COMMITTEE

Section 19. Powers of the Committee 15

Constitution of and Membership of the Committee 15
Election of Committee Members 16

22 Powers of the Committee to Co-opt Members to the Committee 17

Eligibility to Stand and Vote for Positions on the Committee 17
Secretary 17
Treasurer 18
Public Officer 18
Vacancies on the Committee 19
Removal of Committee Members 19
Committee Meetings and Quorum 19
Delegation by Committee to a Sub-Committee 20
Voting and Decisions of the Committee 21
Disclosure of Committee Member’s Interests in Contracts, etc 21

PART IV - GENERAL MEETINGS

Section 33. Annual General Meetings - Holding of 21

Annual General Meetings - Calling of and Business at 22
General Meetings - Calling of 22
Notice of Meetings 23
General Meetings - Procedure and Quorum 23
Presiding Member 24
Adjournment 24
Making of Decisions 24
Eligibility to Vote at General Meetings 24

CONTENTS (CONT)

PART IV - GENERAL MEETINGS (CONT)

Page

Section 42. Voting 25

Appointment of Proxies 25

PART V - MISCONDUCT, ETC DURING BROOMBALL COMPETITIONS

ORGANISED BY THE ASSOCIATION

Section 44. Misconduct, etc During Broomball Competitions 25

Association’s Disciplinary Board for Misconduct, etc During Broomball
Competitions 25
Disciplinary Procedures for Misconduct, etc During Broomball Competitions 26
Appeals Against the Decisions of the Association’s Disciplinary Board 26
Appeals Committee to Hear Appeals Against Disciplinary Board’s Decisions 27
Disciplinary Hearings by Disciplinary Board, Appeals Committee, etc 27

PART VI - MISCELLANEOUS

Section 50. Jurisdiction of the Australian Broomball Federation 27

Income and Property 28
Funds Management 28
Accounting Records 29
Banking and Finance 29
Alteration of Purpose, Objectives and Rules 29
Common Seal 30
Custody of Books 30
Inspection of Books 30
Auditor 30
Audit of the Accounts 31
Service of Notices 32
Dissolution or Winding Up of Society 32
Surplus Property 32

APPENDICES

Appendix 1 - Application for Membership Form 33

Appendix 2 - Form of Appointment of Proxy 34

Appendix 3 - Sections of Act Relevant to the Association’s Rules 35

Section 31 of the Act - Rules 35

Public Officer (Sub-Rule 2.1(i) and Rule 26 of the Association’s Rules)

Section 57 of the Act - Public Officer 35

Section 59 of the Act - Notice of Public Officers
Appointment or Change of Address 35

Section 64 of the Act - Vacancy in Office of Public Officer 36

CONTENTS (CONT)

Page

Appendix 3 - Sections of Act Relevant to the Association’s Rules (Cont)

Special Resolution (Sub-Rules 2.1(m), 36.2 and 36.2 of the Association's Rules)

Section 70 of the Act - Special Resolutions 36

III. Membership Qualifications (Sub-Rule 8.2(b)

Section 21 of the Act - Constitution of Incorporated Associations 36

Liabilities of Officers and Members'(Sub-Rule 15.1 of the Association's Rules)

Section 51 of the Act - Liability of Officers and Members 37

Section 108 of the Act - Offences by Officers of Associations, etc 37

Section 109 of the Act - Offence : Trade or Pecuniary Gain 37

Section 110 of the Act - Liability of Members 38

Vacation of Committee Membership and Disciplining of Members (Sub-Rules
16.4(e), 18.3, 26.4,27.1(d) and Rule 28 of the Association's Rules)

Section 50 of the Act - Rules of Natural Justice 38

Vacancies on Committee (Sub-Rules 26.4(h) and 27.1(g) of the
Association's Rules)

Section 63 of the Act - Disqualification from Office 38

VII. Disclosure of Committee Member's Interests in Contracts, etc (Rule 32 of
the Association’s Rules)

Section 65 of the Act - Disclosure of Committee Member's Interests 38

VIII. Holding of Annual General Meetings (Sub-Rule 33.3 of the Association’s Rules)

Section 120 of the Act - Extensions of Time for Applications, etc 39

Calling of and Business at Annual General Meetings (Sub-Rule 34.2(d) of the
Association’s Rules)

Section 73 of the Act - Presentation of Statement to Members 39

Income and Property (Rules 51.1 of the Association's Rules)

Section 114 of the Act - Investment with associations 40

Alteration of Purposes, Objectives and Rules (Sub-Rule 55.1 of the
Association’s Rules)

Section 29 of the Act - Objects 41

Section 30 of the Act - Alteration of Objects 41

Section 33 of the Act - Alteration of Rules 41

XII. Dissolution of the Association (Sub-Rule 62.1 of the Association's Rules)

Section 88 of the Act - Voluntary Winding Up 42

XIII. Surplus Property (Sub-Rule 63.1 of the Association's Rules)

Section 92 of the Act - Property of Defunct Association 42

ACT BROOMBALL ASSOCIATION (ACTBA) INC.

RULES OF THE ASSOCIATION

NAME

1.1 The name of the Association shall be the "Australian Capital Territory Broomball Association (ACTBA) Inc".

PART I - PRELIMINARY

INTERPRETATION

2.1 In these Rules unless the contrary intention appears:

(a) “Association” means the Australian Capital Territory Broomball Association (ACTBA) Inc.

(b) "Books" includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored and any other document;

(d) "Financial Year" means the year ending on 30 June;

(e) "Member" means a member of the Association as defined in Section 7 of these Rules;

(f) “Member Organisation" means an organisation having objectives which are compatible with the objectives of the Association and which the Association deems to be a member organisation;

(g) "Officer", in relation to the Association, means:

(i) a member of the Committee of the Association;

(ii) the Public Officer, Secretary, or Treasurer of the Association, the holder of any other office of the Association (however described) or a person occupying any of the above-mentioned offices, whether validly appointed or not; or

(iii) any other person who is concerned in or takes part in the management of the Association's affairs;

but does not include a patron or the holder of another honorary office of the Association if the office does not confer on its incumbent the right to participate in the management of the Association's affairs;

(h) "Ordinary Committee Member" means a member of the Committee who is not the holder of any of the offices nominated in Rules 20.1(a) to 20.21(f) inclusive, of these Rules;

(i) "Public Officer", in relation to the Association means the person, being a resident of the Australian Capital Territory, appointed to be the Public Officer of the Association in accordance with Section 57 of the Act;

(j) "Register of Members" means a list of the financial members of the Association;

(k) "Resolution" means a motion passed as a result of a vote which is carried by a majority in number of persons eligible to vote present personally or by proxy and voting on the motion;

(l) "Secretary" means the person elected to that position or, where no such person holds that position, the Public Officer of the Association;

(m) "Special Resolution" (See Section 70 of the Act) means a resolution which:

(i) is passed at a General Meeting of the Association, being a meeting of which at least twenty-one (21) days' notice, accompanied by notice of the intention to propose the resolution as a special resolution, has been given to members of the Association; and

(ii) is passed by at least three-quarters of the vote of those members of the Association who, being entitled to vote, vote in person or, vote by proxy at the meeting.

The Associations Incorporation Act requires a Special Resolution to decide each of the following matters:

(i) the adoption of terms and rules of any proposed amalgamation of the Association with another body;

(ii) the amendment of the Purposes, Objectives and Rules of the Association;

(iii) changing the name of the Association;

(iv) approving the transfer of the Association from an incorporated body to a “company limited by guarantee”;

(v) approving amended Rules of the Association where the ACT Registrar has issued notice of intent to cancel incorporation of the Association; and

(vi) approving the voluntary winding up of the Association and the subsequent disposal of the Association's assets;

(n) “Territory” means the Australian Capital Territory;

(o) "The Act" means the Associations Incorporation Act 1991 as amended;

(p) "The Regulations" means the Associations Incorporation Regulations;

(q) “These Rules” means the Rules of the Association.

(r) All words importing the singular or plural number shall include the plural and the singular number respectively;

(s) All words importing the masculine or feminine gender shall include the feminine and masculine gender respectively.

2.2 These Rules should be read in conjunction with the Act.

2.3 In these Rules, reference to writing shall, unless the contrary intention appears, be construed as including reference to printing, lithography, photography and other modes of representing or reproducing words in visible form

2.4 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, where the function is a power, authority or duty, a reference to the exercise of the power or authority or the performance of the duty.

2.5 The provisions of the "Interpretation Act 1967" 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.

PURPOSE OF THE ASSOCIATION

3.1 The purpose of the Association is to administer, control, develop and promote the sport of Broomball in the Australian Capital Territory.

4. OBJECTIVES OF THE ASSOCIATION

4.1 The objectives of the Association are:

(a) to establish a framework for local Broomball competitions and regulate the participation of those taking part in these competitions;

(b) to establish a network of suitably qualified officials and administrators and develop their expertise by providing opportunities for training, experience and recognition.;

(c) to encourage participation from players at all levels (junior, male, female, veteran and social) and promote opportunities for advancement of player development;

(d) to liaise with other interstate, national and overseas Broomball bodies to keep up to date with developments in the sport elsewhere and participate in the direction of the sport within Australia and at international level for the benefit of members;

(e) to maintain a body of information resources and seek literature, administration and training aids from other Broomball bodies and promote their availability to members; and

(f) to promote the sport of Broomball amongst the general public and other sporting groups to gain its wider acceptance, recognition and support.

NON-PROFIT, NON-POLITICAL, NON-DENOMINATIONAL AND NON-DISCRIMINATORY
ORGANISATION

5.1 The Association shall be a non-profit organisation whose income and property shall be applied solely towards the promotion of its objectives.

5.2 No portion of the Association's income and property shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of any profit to its members or relatives of members of the Association.

5.3 Nothing herein shall prevent the reimbursement of legitimate expenditure properly incurred by a member of the Association on behalf of the Association and the payment in good faith of remuneration, including honoraria, to any officer or employee of the Association or to any member of the Association in return for any services actually rendered to the Association or reasonable and proper rental for premises let by any member to the Association.

5.4 The Association shall be a non-political, non-denominational and non-discriminatory organisation.

POWERS OF THE ASSOCIATION

6.1 The Association, may exercise its powers under the Act and, subject to these Rules, the Association also has power:

(a) to reserve the right of admission or omission to individuals and/or teams in competitions organised by the Association;

(b) to be solely responsible for the selection of personnel to represent the ACT in Broomball and for the control of the selection processes of ACT representative teams in any interstate tournament or championship;

(c) to print, publish and distribute such newsletters, periodicals, books, leaflets or other documents or articles as the Committee or resolution of a General Meeting may think desirable for the promotion of the objectives and purposes of the Association and to make resources available for the use of its members;

(d) to take such steps as the Committee or General Meetings may from time to time deem expedient for the purposes of raising funds or procuring contributions to the funds of the Association, whether by way of donations, subscriptions or otherwise;

(e) to accept any gift or grant, whether subject to a special trust or not, for any one or more of the objectives or purposes of the Association;

(f) to borrow or raise money in such a manner as approved by the Committee or by resolution passed at a General Meeting, and to secure the payment of money so raised or borrowed or the payment of any other debt or liability of the Association by giving mortgages, charges or securities upon all or any property of the Association;

(g) subject to the provisions of the Trustee Act 1957, as amended, to invest any moneys of the Association not immediately required for any of its objectives or purposes in such a manner as the Committee may from time to time determine;

(h) to buy, sell, supply and deal in all kinds of non-prohibited goods, equipment or provisions required by the Association, its members or non-members who are participating in the activities of the Association and who have been authorised to buy, sell and deal by the Committee;

(i) to acquire and/or dispose of, by any legal means, any property that may be deemed necessary or convenient to achieve any of the objectives or purposes of the Association;

(i) to construct, improve, maintain, develop, manage and/or alter any buildings or other property that is deemed necessary or convenient to achieve any of the objectives or purposes of the Association;

(j) to affiliate and liaise with any organisation that will further the objectives and purposes of the Association and the interests of the sport of Broomball generally;

(k) to establish and support, or aid in the establishment or support of any other body which has objectives which are consistent with the objectives and purposes of the Association;

(l) to delegate such members as the Committee or General Meetings may decide from time to time, to discuss matters of interest to the Association at meetings of interstate, national or international Broomball organisations, or sub committees thereof. Such persons shall report the results of these meetings to the Committee or General Meetings of the Association;

(m) to enter into any arrangements with any government or authority that are incidental or conducive to the attainment of the objectives and purposes of the Association and to obtain from any such government or authority any rights, privileges and concessions which the Association may think desirable to obtain; and to carry out, exercise and comply with any arrangements, rights, privileges and concessions determined by the government or authority;

(n) to appoint, employ, remove or suspend such persons as may be necessary or conducive to achieve the objectives and purposes of the Association;

(o) to remunerate, as may be approved by the Committee or General Meeting of the Association, any person or body corporate for services rendered, or to be rendered, in the legitimate furtherance of the objectives and purposes of the Association;

(p) to do all such lawful things, not inconsistent with the provisions of these Rules, as are incidental or conducive to the attainment of the objectives or purposes of the Association.

PART II - MEMBERSHIP

CLASSES OF MEMBERS

7.1 The Association shall consist of the following classes of members:

(a) Ordinary Members: being persons who have paid the prescribed Membership Fee;

(b) Honorary Life Members: being persons who may be elected at an Annual General Meeting, in recognition of outstanding services rendered to the Association. Such persons shall enjoy all the privileges of full membership.

(c) Temporary Members: being persons who may wish to participate in tournaments and non-seasonal competitions organised by the Association and who pay the required Entry Fee. Such persons shall have no voting rights or be eligible to stand for the Committee.

7.2 The Committee may, from time to time, determine additional grades of membership as it may see fit, to suit the affairs of the Association.

MEMBERSHIP QUALIFICATIONS

8.1 Any person interested in the purposes and objectives of the Association may apply for membership of the Association.

8.2 A person is qualified to be a member if:

(a) the person is a registered financial member of the Association;

(b) pursuant to Sections 21(2)(a) and 21(2)(b) of the Act, the person was a member of the Association at the time of incorporation of the Association and has not ceased to be a member of the Association at any time since then; or

(i) has been nominated for membership in accordance with Section 9.1 of these Rules; and

(ii) has been approved for membership of the Association by the Committee of the Association.

APPLICATION FOR MEMBERSHIP

9.1 An application by a person for membership of the Association:

(a) shall be made in writing on the form prescribed from time to time by the Committee; and

(b) shall be lodged with the Secretary; and

9.2 As soon as practicable after receiving an application for membership, the Secretary shall refer the application to the Committee which shall determine whether to approve or reject the application. Such decisions must be made within twenty-one (21) days of receipt of an application.

9.3 Where the Committee rejects an application for membership, the Secretary shall, within twenty-one (21) days of the decision, notify the nominee of that rejection including reasons for rejection. Such Membership Fees as may have been paid by the nominee shall be refunded in full.

9.4 The Secretary or other member of the Committee (as determined by the Committee) shall, on the approval of an application for membership of the Association by the Committee, enter the nominee's name in the Register of Members and, upon the name being so entered, the nominee shall become a member of the Association. The successful applicant shall be advised in writing of his/her acceptance as a member of the Association within twenty-one (21) days of the decision.

MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE

10.1 A right, privilege or obligation which a person has by being a member of the Association:

(a) is not capable of being transferred or transmitted to another person; and

(b) terminates upon cessation of the person's membership.

CESSATION OF MEMBERSHIP

11.1 A person ceases to be a member of the Association if the person:

(a) dies;

(b) resigns, in writing, from membership of the Association;

(d) fails to renew membership of the Association, as provided for in these Rules, by the date determined and advertised by the Committee.

RESIGNATION OF MEMBERSHIP

12.1 A member is not entitled to resign from membership of the Association except in accordance with this Section of the Rules.

12.2 A member who has paid all amounts payable by the member to the Association may resign from membership of the Association by first giving notice (being not less than 1 month) in writing to the Secretary of the member's intention to resign and, upon expiration of the period of notice, the member ceases to be a member.

12.3 Where a person ceases to be a member, the Secretary or other nominated member of the Committee (in accordance with Section 9.4 of these Rules) shall make an appropriate entry in the Register of Members recording the date on which the member ceased to be a member.

12.4 Refund of Membership Fees may only be offered at the discretion of the Committee, if written notice is received within twenty-one (21) days of resignation of membership.

FEES, SUBSCRIPTIONS, ETC

13.1 The Annual Membership Fee shall be the only fee payable to determine membership eligibility to the Association.

13.2 The Annual Membership Fee of the Association shall be determined by the Committee before the commencement of each financial year.

13.3 The Annual Membership Fee shall fall due on the 1st of July each year.

HONORARY LIFE MEMBERS

14.1 The Association, on recommendation from the Committee, may elect persons associated with the Association to Honorary Life Membership of the Association at an Annual General Meeting in recognition of outstanding services rendered to the Association. Such persons shall enjoy all the privileges of full membership.

14.2 Recommendations proposing persons for life membership may also be submitted by members of the Association in writing, duly proposed and seconded, to the Secretary of the Association for the consideration of the Committee.

LIABILITIES OF OFFICERS AND MEMBERS

15.1 Subject to Sections 51, 108, 109 and 110 of the Act, the liability of an officer or a member of the Association to contribute towards the payment of debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to the amount, if any unpaid by the officer or member in respect of membership of the Association as required by Rule 13 of these Rules.

15.2 The Association, individual members of the Association or persons acting on behalf of the Association shall not be responsible for the safety or well-being of any member or person participating in activities organised by the Association. Every member or person participating in the activities of the Association shall do so at his or her own risk.

15.3 Section 15.2 of these Rules shall not preclude the Association from taking out any insurance policies deemed necessary to protect itself, the Committee, individual members or persons acting on behalf of the Association against liability for personal injury to any member or person participating in activities organised by the Association

DISCIPLINING OF MEMBERS

16.1 Where the Committee is of the opinion that a member:

(a) has persistently refused or neglected to comply with a provision of these Rules;

(b) has persistently and wilfully acted in a manner prejudicial to the interests of the Association;

(c) has not paid appropriate fees or fines as determined by the Committee, or served penalties as prescribed by the Association,

the Committee may, by resolution -

(d) expel the member from the Association; or

(e) suspend the member from such rights and privileges of membership of the Association as the Committee may determine for a specified period.

16.2 A resolution under Section 16.1 of these Rules is of no effect unless the Committee, at a meeting held not earlier than fourteen (14) days and not later than twenty-eight (28) days after service on the member of a notice under Section 16.3, confirms the resolution in accordance with this Rule.

16.3 Where the Committee passes a resolution under Section 16.1 of these Rules , the Secretary shall as soon as practicable, cause a notice in writing to be served on the member -

(a) setting out the resolution of the Committee and the grounds on which it is based;

(b) stating that the member may address the Committee at a meeting to be held not earlier that fourteen (14) days and not later than twenty-eight (28) days after service of the notice;

(d) informing the member that the member may do either or both of the following:

(i) attend and speak at that meeting;

(ii) submit to the Committee at or prior to the date of the meeting written representations relating to that resolution.

16.4 Subject to the rules of natural justice (Section 50 of the Act), at a meeting of the Committee referred to in Section 16.2 of these Rules, the Committee shall:

(a) give to the member mentioned in Section 16.1 of these Rules, an opportunity to make oral representations;

(b) give due consideration to any written representations submitted to the Committee by that member at or prior to the meeting; and

(c) by resolution determine whether to confirm or to revoke the resolution of the Committee made under Section 16.1 of these Rules.

16.5 Where the Committee confirms the resolution under Section 16.4 of these Rules, the Secretary shall, within seven (7) days after that confirmation, by notice in writing inform the member of that confirmation and of the member's right of appeal under Section 18 of these Rules.

16.6 A resolution confirmed by the Committee under Section 16.4 of these Rules does not take effect:

(a) until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or

(b) where within that period the member exercises the right of appeal, unless and until the Association confirms the resolution in accordance with Section 18.4 of these Rules.

16.7 A person under suspension or who has been expelled from membership of the Association shall not be permitted to play in games of Broomball conducted under the jurisdiction of the Association nor shall the person be permitted to represent the Association in any capacity unless specific approval is granted by the Committee.

16.8 A member shall immediately forfeit any Membership Fees paid to the Association upon cancellation of his or her membership.

16.9 The Committee may reinstate any member who been suspended or who has been expelled from membership of the Association. Upon reinstatement, such members shall enjoy all the rights and privileges of full membership.

RIGHT OF APPEAL OF PERSONS REJECTED FOR MEMBERSHIP OF THE ASSOCIATION

17.1 Where a person’s application for membership of the Association is rejected by the Committee, that person may, within fourteen (14) days of receiving written notification thereof, lodge with the Secretary of the Association his or her intention to appeal against the decision of the Committee.

17.2 Upon receipt of a notification of intention to appeal against rejection for membership by the Secretary, the Committee shall convene, within thirty (30) days of the date of receipt of such notice, a General Meeting to determine the appeal.

17.3 At a General Meeting to hear an appeal, the appellant shall be given the opportunity to fully present his/her case and subsequently the Committee or those members thereof who rejected the application for membership shall likewise have the opportunity of presenting their case.

17.4 An appeal against rejection for membership shall be determined by secret ballot of the members present at such meeting. Such a determination shall be binding.

RIGHT OF APPEAL OF DISCIPLINED MEMBER

18.1 A member may appeal to the Association against a resolution of the Committee which is confirmed under Section 16.4 of these Rules, within fourteen (14) days after notice of the resolution is served on the member, by lodging with the Secretary a notice to that effect.

18.2 Upon receipt of a notice under Section 18.1 of these Rules, the Secretary shall notify the Committee which shall convene a General Meeting of the Association to be held within twenty-one (21) days after the date on which the Secretary received the notice or as soon as possible after that date.

18.3 Subject to the rules of natural justice (Section 50 of the Act), at a General Meeting of the Association convened under Section 18.2 of these Rules:

(a) no business other than the question of the appeal shall be transacted;

(b) the Committee and the member shall be given the opportunity to make representations in relation to the appeal orally or in writing, or both; and

(c) the members present shall vote by secret ballot on the question of whether the resolution made under Section 16.4 of these Rules, is confirmed or revoked.

18.4 If the meeting passes a resolution in favour of the confirmation of the resolution made under Section 16.4 of these Rules, that resolution is confirmed.

PART III - THE COMMITTEE

POWERS OF THE COMMITTEE

19.1 The Committee, subject to the provisions of the Act, the Regulations, these Rules, and to any resolution passed by the Association in General Meeting:

(a) shall control and manage the affairs of the Association;

(b) may exercise all such functions as may be exercised by the Association other than those functions that are required by these Rules to be exercised by the Association in General Meeting; and

(c) shall have the power to perform all such acts and do all such things as are legal and which appear to the Committee to be necessary or desirable for the proper management of the affairs of the Association.

(d) shall have the authority to interpret the meaning of the rules contained in these Rules and any matter relating to the Association on which these Rules are silent; and

(e) shall have the power to determine duties of members of the Committee consistent with the nature of the office to which they have been appointed. Any duties additional to those contained in these Rules shall be as laid down in the By-laws of the Association.

19.2 Only a member of the Association’s Committee, so delegated by the Committee, may vote on behalf of the Association at National meetings or on National matters.

19.3 The Committee may draw up By-laws not inconsistent with these Rules and the Rulebook of the game of Broomball adopted by the ACTBA, for the day to day management of the affairs of the Association The Association in General Meeting may veto any By-law adopted by the Committee.

CONSTITUTION OF AND MEMBERSHIP OF THE COMMITTEE

20.1 The affairs of the Association shall be managed by a Committee comprising:

(a) President

(b) Vice-President - Administration

(d) Treasurer

(e) Secretary

(f) Publicity Officer, and

(g) Two (2) Ordinary Committee Members

each of whom shall be elected or co-opted pursuant to Sections 21 and 23 of these Rules or appointed in accordance with Section 22.2 of these Rules.

20.2 The members of the Association may elect an additional three (3) Ordinary Committee members at any General Meeting in furtherance of the purposes and objectives of the Association.

20.3 Each member of the Committee shall, subject to these Rules, hold office until all positions on the Committee are declared vacant at the next Annual General Meeting, but shall be eligible for re-election.

20.4 New members of the Committee duly elected at the Annual General Meeting, in accordance with the provisions of these Rules, shall take office immediately upon conclusion of those elections at that meeting.

ELECTION OF COMMITTEE MEMBERS

21.1 All Committee positions shall be filled by election at each Annual General Meeting.

21.2 Nomination of candidates for election as members of the Committee of the Association:

(a) shall be made in writing, signed by two (2) members of the Association and accompanied by the written consent of the candidate (who being a member of the Association shall endorse the nomination form); and

(b) shall be delivered to the Secretary of the Association at least fourteen (14) days prior to the commencement of the Annual General Meeting at which the election is to take place.

21.3 If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the Annual General Meeting.

21.4 If insufficient further nominations are received, any vacant positions remaining on the Committee shall be deemed to be vacancies.

21.5 If the number of nominations received is equal to the number of vacancies to be filled, the persons so nominated shall be taken to be elected.

21.6 If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.

21.7 The ballot for election of Committee Members shall be completed at the Annual General Meeting in such a manner as the Committee may direct.

21.8 A member is not eligible to simultaneously hold more than one (1) position on the Committee for periods in excess of thirty (30) days. Prior to the expiry of such period, the vacant Committee position shall be filled either by election or by co-option of a member as provided for under Rule 22 of these Rules.

21.9 Where a member temporarily holds two Committee positions simultaneously, he or she shall only be entitled to one (1) vote at Committee and General Meetings.

21.10 For the purpose of electing members of the Committee, the Annual General Meeting shall appoint a member of the Association not standing for election, to conduct the elections.

POWER OF THE COMMITTEE TO CO-OPT MEMBERS TO THE COMMITTEE

22.1 Should any vacancy on the Committee remain by the end of the Annual General Meeting, the Committee has the power to co-opt any member to the vacant positions, subject to the provisions of Rules 22.4, 22.5, and 22.6.

22.2 Where a casual vacancy occurs on the Committee (eg where a Committee member applies for leave of absence or fails to perform his allotted duties for a period of four (4) weeks without giving notice to the Committee or being granted leave by the Committee), the Committee may co-opt a replacement from the Association membership until such time as the Committee member returns or the next General Meeting at which a replacement shall be elected.

22.3 In addition to the provisions of Rule 22.1, the Committee may, subject to the provisions of Rules 22.4 and 22.5, co-opt up to two (2) additional members of the Association to the Committee. These additional co-opted members shall have all the rights of members of the Committee in its deliberations.

22.4 A member to be co-opted to the Committee shall be sponsored by two (2) members of the Committee and that member must consent to the sponsorship.

22.5 A member proposed to be co-opted to the Committee shall not take up a position on the Committee unless and until that member is appointed to the Committee by resolution at a Committee Meeting.

22.6 Such members as may be co-opted to the Committee shall hold office only until all positions on the Committee are declared vacant at the next Annual General Meeting.

ELIGIBILITY TO STAND AND VOTE FOR POSITIONS ON THE COMMITTEE

23.1 A member shall not be eligible to stand for or vote for a position on the Committee unless that member is at least eighteen (18) years of age and has been a financial member of the Association for at least thirty (30) days prior to the election.

SECRETARY

24.1 The Secretary of the Association shall, as soon as practicable after being appointed as Secretary, notify the Association of his or her address.

24.2 The Secretary shall keep minutes and details of:

(a) all elections and appointments of Committee Members;

(b) the names of members of the Committee present at a Committee Meeting and the names of members of the Association present at a General Meeting; and

24.3 Minutes of proceedings at a meeting shall be signed by the member presiding at the meeting or by a member presiding at the next succeeding meeting.

24.4 The Secretary shall be responsible for receiving and attending to all correspondence and shall keep a register of all such correspondence.

24.5 The Secretary or other nominated member of the Committee (in accordance with Section 9.4 of these Rules) shall be responsible for oversighting the maintenance of the Register of Financial Members of the Association.

TREASURER

25.1 The Treasurer of the Association shall:

(a) collect and receive all moneys due to the Association and make payments authorised by the Association; and

(b) 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.

25.2 In addition to preparing the Association's Annual Statement of Accounts as provided for at the Annual General Meeting, the Treasurer shall, subject to the provisions of Rule 53.3 of these Rules, prepare financial statements of the Association as required.

PUBLIC OFFICER

26.1 Unless the Committee elects another Committee Member to the position of Public Officer, the Secretary shall be the Public Officer having and exercising the duties of Public Officer of the Association.

26.2 The Public Officer shall be a resident of the Australian Capital Territory.

26.3 Subject to these Rules and the provisions of the Act, the Public Officer may hold any other office of the Association.

26.4 The office of Public Officer becomes vacant if the member holding the that office:

(a) dies;

(b) ceases to be a member of the Association;

(d) resigns from office by written notice signed by him or her and addressed to the Secretary of the Association;

(e) is removed from office by the Committee or pursuant to Section 28 of these Rules;

(f) becomes insolvent under administration within the meaning of the Corporations Law:

(g) is unable to perform his or her duties due to mental or physical incapacity;

(h) is convicted (Sub-section 63(1) of the Act), whether inside or outside the Australian Capital Territory of:

(i) an indictable offence in relation to the promotion, formation or management of a body corporate;

(ii) an offence involving fraud or dishonesty.

VACANCIES ON THE COMMITTEE

27.1 For the purposes of these Rules, a vacancy in the office of a member of the Committee occurs if the member:

(a) dies;

(b) ceases to be a member of the Association (eg fails to pay all arrears of subscriptions due by him within fourteen (14) days after he or she has received notice in writing from the Treasurer);

(d) is removed from office pursuant to Section 28 of these Rules;

(e) becomes insolvent under administration within the meaning of the Corporations Law:

(f) is unable to perform his or her duties due to mental or physical incapacity;

(g) is convicted (Sub-section 63(1) of the Act), whether inside or outside the Australian Capital Territory of:

(i) an indictable offence in relation to the promotion, formation or management of a body corporate;

(ii) an offence involving fraud or dishonesty.

27.2 The position of any member of the Committee may, at the discretion of the Committee, be declared vacant if that member is absent without the consent of the Committee Members for three (3) consecutive meetings of the Committee.

REMOVAL OF COMMITTEE MEMBERS

28.1 The Association in General Meeting may by resolution, subject to the rules of natural justice (Section 50 of the Act), remove any member of the Committee (including the Public Officer) from the office of Member of the Committee before the expiration of the member's term of office.

COMMITTEE MEETINGS AND QUORUM

29.1 The Committee shall meet at such places and at such times as the as the Committee may determine but it shall meet at least once every two (2) months during the official Broomball playing season.

29.2 Special meetings of the Committee may be convened by the President or at the request of any three (3) members of the Committee.

29.3 Oral or written notice of a meeting of the Committee shall be given by the Secretary to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed upon by the Members of the Committee) before the time appointed for holding of the meeting.

29.4 Notice of a meeting given under Section 29.3 of these Rules shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, unless the Committee Members present at the meeting otherwise unanimously agree.

29.5 Any four (4) members of the Committee shall constitute a quorum for the transaction of the business of a meeting of the Committee.

29.6 No business shall be transacted by the Committee unless a quorum is present and if within half and hour after the time appointed for the meeting a quorum is not present, the meeting stands adjourned to a time and place to be agreed upon by at least four (4) members of the Committee.

29.7 If at the adjourned meeting of the Committee, a quorum is not present within half an hour after the time appointed for the meeting, the meeting shall be dissolved.

29.8 At meetings of the Committee:

(a) the President or in the absence of the President, one of the Vice-Presidents shall preside; or

(b) if the President and the Vice-Presidents are absent, one (1) of the remaining members of the Committee may be chosen by the members present to preside.

DELEGATION BY COMMITTEE TO A SUB-COMMITTEE

30.1 The Committee may delegate to one (1) or more Sub-Committees (consisting of such member or members of the Association as the Committee thinks fit) the exercise of such of the functions of the Committee as are specified by the Committee, other than:

(a) this power of delegation; and

(b) a function which is a function imposed on the Committee by the Act, by any other law of the Territory, or by resolution of the Association in General Meeting.

30.2 Sub-Committees shall report to the Committee at such times and in such manner as the Committee directs.

30.3 The President of the Association shall be an ex-officio member of all Sub-Committees.

30.4 A function, the exercise of which has been delegated to a Sub-Committee under this Section of these Rules may, while the delegation remains unrevoked, be exercised from time to time by the Sub-Committee in accordance with the terms of the delegation.

30.5 A delegation under this Section of these Rules 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 by the Committee and by the provisions of these Rules.

30.6 Notwithstanding any delegation under this Section of these Rules, the Committee may continue to exercise any function delegated.

30.7 Any act or thing done or suffered by a Sub-Committee acting in the exercise of a delegation under this Section of these Rules has the same force and effect as it would have if it had been done or suffered by the Committee.

30.8 The Committee may revoke wholly or in part any delegation under this Section of these Rules.

30.9 A Sub-Committee may meet and adjourn as it thinks proper.

30.10 The Committee may co-opt as members of a Sub-Committee such persons as it thinks suitable, whether or not those persons are members of the Association.

30.11 One half of the members of a Sub-Committee appointed by the Committee shall constitute a quorum for the transaction of business of a Sub-Committee.

VOTING AND DECISIONS OF THE COMMITTEE AND SUB-COMMITTEES OF THE
ASSOCIATION

31.1 Questions arising at meetings of the Committee or of any Sub-Committee appointed by the Committee shall be determined by a simple majority of the votes by show of hands of members of the Committee or Sub-Committee present at those meetings.

31.2 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 (1) vote, but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

31.3 Subject to Sections 29.5 and 30.11 of these Rules, the Committee and Sub-Committees of the Association respectively, may act notwithstanding any vacancy on the Committee or Sub-Committees.

31.4 Any act or thing 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 notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or Sub-Committee.

DISCLOSURE OF COMMITTEE MEMBER'S INTERESTS IN CONTRACTS, ETC

32.1 Pursuant to Section 65(1) of the Act, a member of the Committee who has a direct or indirect pecuniary interest in any contract or arrangement that is current or proposed to be made with the Association shall disclose the nature and extent of his or her interest to the Committee and to the next General Meeting of the Association.

32.2 If the interest already exists, it should be declared at the first Committee meeting at which the contract or arrangement is considered.

32.3 No member of the Committee shall vote as a member of the Committee in respect of any contract or arrangement in which he or she has an interest and if this member does so vote, that vote shall not be counted.

32.4 A resolution by Committee members present may ask for the absence of the member with a declared interest while the contract or arrangement is under discussion.

PART IV - GENERAL MEETINGS

ANNUAL GENERAL MEETINGS - HOLDING OF

33.1 With the exception of the first Annual General Meeting of the Association, the Association shall, at least once in each calendar year and within the period of three (3) months after the expiration of each financial year of the Association, convene an Annual General Meeting of its members.

33.2 The Association shall hold its first Annual General Meeting:

(a) within the period of 18 months after its incorporation under the Act; and

(b) within the period of three (3) months after the expiration of the first financial year of the Association.

33.3 Sections 33.1 and 33.2 of these Rules have effect subject to the powers of the Registrar of Incorporated Associations under Section 120 of the Act in relation to the extensions of time.

ANNUAL GENERAL MEETINGS - CALLING OF AND BUSINESS AT

34.1 The Annual General Meeting of the Association shall, subject to the Act, be convened on such date and at such place and time as the Committee thinks fit.

34.2 In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General meeting shall be:

(a) to confirm the minutes of the last preceding Annual General Meeting and of any General Meeting held since that meeting;

(b) to receive from the Committee, office-bearers and the Auditor reports on the of the Association’s activities during the last preceding financial year;

(d) to receive and consider the statement of accounts and the reports that are required to be submitted to members pursuant to Sub-section 73(1) of the Act;

(e) to appoint an Auditor for the ensuing year;

(f) to elect Honorary Life Members if so determine by the Committee as provided for under Section 7.1(b) of these Rules.

(g) to transact other business of which due notice has been given in accordance with the provisions of these Rules.

34.3 An Annual General Meeting shall be specified as such in the notice convening it in accordance with Section 36 of these Rules.

34.4 An Annual General Meeting shall be conducted in accordance with the provisions of this Part (ie Part IV) of the Association's Rules.

GENERAL MEETINGS - CALLING OF

35.1 The Committee may, whenever it thinks fit, convene a General Meeting of the Association.

35.2 The Committee shall, on the requisition in writing of not less than eight (8) members of the Association, convene a General Meeting of the Association.

35.3 A requisition of members for a General Meeting:

(a) shall state the purpose or purposes of the meeting;

(b) shall be signed by the members making the requisition;

(d) may consist of several documents in a similar form, each signed by one (1) or more of the members making the requisition.

35.4 If the Committee fails to convene a General Meeting within one (1) months after the date on which a requisition of members for the meeting is lodged with the Secretary, any one (1) or more of the members who made the requisition may convene a meeting to be held not more than three (3) months after that date,

35.5 A General Meeting convened by a member or members referred to in Section 35.4 of these Rules shall be convened as nearly as practicable in the same manner as General Meetings are convened by the Committee and any member who thereby incurs expense in convening the meeting is entitled to be reimbursed by the Association for any reasonable expense so incurred.

35.6 At a Special General Meeting of the Association, business shall be confined to the matters for which the meeting has been called.

NOTICE OF MEETINGS

36.1 The Committee of the Association shall, at least fourteen (14) days before the date fixed for holding a General Meeting of the Association, have:

(a) a notice (including any of the Association’s circulars or newsletters) delivered or sent by pre-paid post to the members of the Association at the addresses shown in the Register of Members; or

(b) an advertisement inserted in at least one newspaper circulating in the Australian Capital Territory; or

specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

36.2 Subject to the provisions relating to special resolutions, any member of the Association wishing to bring any business before a General Meeting must provide the Secretary with written advice of his or her proposal at least twenty-one (21) days before the meeting unless otherwise specified in these Rules. The Secretary shall include that item of business from the member in the notice to members.

36.3 Where the nature of the business proposed to be dealt with at a General Meeting requires a special resolution of the Association, the Secretary shall, at least twenty-one (21) days before the date fixed for the holding of the General Meeting, cause notice to be sent to each member in the manner provided in Section 36.1 of these Rules specifying, in addition to the matter required under that Section, the intention to propose the resolution as a special resolution.

36.4 No business other than that specified in the notice convening a General Meeting shall be transacted at the meeting except, in the case of an Annual General Meeting, business which may be transacted pursuant to Section 34.2 of these Rules.

GENERAL MEETINGS - PROCEDURE AND QUORUM

37.1 No item of business shall be transacted at a General Meeting unless a quorum of members entitled under these Rules to vote is present during the time the meeting is considering that item.

37.2 A majority of current Committee members and three (3) other ACTBA members, all present in person and being members entitled to vote at a General Meeting as provided for under Section 41 of these Rules, shall constitute aquorum for the transaction of the business of a General Meeting.

37.3 If within half an hour after the appointed time for the commencement of a General Meeting a quorum is not present, the meeting if convened upon the requisition of the members shall be dissolved and in any other case shall stand adjourned to such day (being not less than fourteen (14) days later than the day appointed for the meeting), such time and place as are determined by the Committee.

37.4 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 (being not less than 5) shall constitute a quorum.

PRESIDING MEMBER

38.1 The President, or in the absence of the President, one of the Vice-Presidents, shall preside at each General Meeting of the Association.

38.2 If the President and both of the Vice-Presidents are absent from the General Meeting, the members present shall elect one (1) of their number to preside at the meeting.

38.3 The Chairperson shall maintain order and conduct the meeting in a proper and orderly manner.

ADJOURNMENT

39.1 The person presiding at a General Meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

39.2 Where a General Meeting is adjourned for fourteen (14) days or more, the Secretary shall give written or oral notice of the adjourned meeting to each member of the Association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

39.3 Except as provided in Sections 39.1 and 39.2 of these Rules, 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.

MAKING OF DECISIONS

40.1 With the exception of questions requiring a special resolution, a question arising at a General Meeting of the Association shall be determined by a simple majority on a show of hands and unless a poll is demanded, a declaration by the member presiding 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 Association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour or against that resolution.

40.2 At a General Meeting of the Association, a poll may be demanded by the member presiding or by not less than three (3) members present in person or by proxy at the meeting.

40.3 Where the poll is demanded at a General Meeting, the poll shall be taken:

(a) immediately in the case of a poll which relates to the election of the member to preside at the meeting or to the question of an adjournment; or

(b) in any other case, in such a manner and at such time before the close of the meeting as the member presiding directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.

40.4 The result of any poll shall be deemed to be a resolution of a meeting.

ELIGIBILITY TO VOTE AT GENERAL MEETINGS

41.1 A member is not eligible to vote at a General Meeting of the Association unless that member is at least eighteen (18) years of age and has been a member of the Association for at least thirty (30) days.

41.2 Temporary Members shall have no voting rights.

41.3 A member or proxy is not entitled to vote at any General Meeting of the Association unless all money due and payable by the member or proxy to the Association has been paid, other than the amount of the Annual Membership Fee payable in respect of the then current year.

VOTING

42.1 Subject to Section 42.3 of these Rules, upon any question arising at a General Meeting of the Association a member has one (1) vote only.

42.2 All votes shall be given personally or by proxy but no member may hold more than five (5) proxies.

42.3 In the case of an equality of votes on a question at a General Meeting, the member presiding is entitled to exercise a second or casting vote.

APPOINTMENT OF PROXIES

43.1 A member may appoint another member to attend and vote instead of the member at any meeting. Such appointment must be in writing and signed by the member. and shall be given to the Secretary no later than twenty-four (24) hours before the time of the meeting in which the proxy is appointed.

43.2 The notice appointing the proxy shall be in the form set out in Appendix 2 to these Rules.

PART V - MISCONDUCT, ETC DURING BROOMBALL COMPETITIONS

ORGANISED BY THE ASSOCIATION

MISCONDUCT, ETC DURING BROOMBALL COMPETITIONS

44.1 Any person (including Temporary Members and non-members) participating in a Broomball competition organised by the Association who is alleged to have contravened a section of the rules of Broomball or who is alleged to be guilty of misconduct during a game of Broomball, shall be liable to be dealt with by the Association’s Disciplinary Board for Misconduct, etc.

44.2 No action shall be taken against a person unless the allegation is received by the Committee in writing.

ASSOCIATION’S DISCIPLINARY BOARD FOR MISCONDUCT, ETC DURING
BROOMBALL COMPETITIONS

45.1 The Vice-President - Technical and no more than two (2) other members of the Committee together with no less than two (2) and no more than three (3) members not concerned with the allegation, shall sit as the Association’s Disciplinary Board when an allegation of a contravention of a section of the rules of Broomball or of misconduct during a game of Broomball is received in writing by the Committee. The-Vice President -Technical shall preside over any meetings of the Disciplinary Board.

45.2 The Disciplinary Board shall have the power to reprimand, fine, suspend, bar from future competitions or expel (in the case of a member), any person deemed guilty of having contravened a section of the rules of Broomball or of misconduct during a game of Broomball.

45.3 Where a member:

(a) has made an allegation that a person, has contravened a section of the rules of Broomball, or

(b) is accused of misconduct during a game of Broomball, or

that member shall not sit on the Disciplinary Board.

DISCIPLINARY PROCEDURES FOR MISCONDUCT, ETC DURING BROOMBALL
COMPETITIONS

46.1 Upon receipt of an allegation against a member or person, the Committee shall decide whether or not the member or person has a case to answer.

46.2 Notice, not necessarily in writing, as to whether or not the member or person has a case to answer, together with full information of the allegation(s), shall be given to the member or person.

46.3 In the event that the member or person does have a case to answer, the Vice-President - Technical shall inform that member or person of the time and place at which he or she shall attend to answer the allegations.

46.4 The member or person involved shall inform the Vice-President - Technical whether or not he or she will attend the Association’s Disciplinary Board meeting to answer the allegations.

APPEALS AGAINST THE DECISIONS OF THE ASSOCIATION’S DISCIPLINARY BOARD

47.1 Any person found guilty by the Disciplinary Board of having contravened a section of the rules of Broomball or of misconduct during a game of Broomball shall have the right to appeal against that decision.

47.2 The person disciplined shall lodge an appeal in writing with the Secretary of the Association within fourteen (l4) days of a letter conveying the decision of the Disciplinary Board having been sent to that person.

47.3 The Committee shall refer the appeal to the Appeals Committee of the Association.

47.4 The Appeals Committee of the Association shall have the power to decide whether the grounds of appeal are sustained.

47.5 Where the Appeals Committee of the Association decides that the grounds of appeal are not sustained the appeal shall be lost.

47.6 Where the Appeals Committee of the Association decides that the grounds of appeal are sustained, the decision of the Disciplinary Board shall be nullified or cancelled and the Appeals Committee shall refer the case against the member or person to the next General Meeting of the Association.

47.7 Any person dealt with by the Appeals Committee of the Association may refer the matter to a Special General Meeting of the Association for resolution.

ASSOCIATION’S APPEALS COMMITTEE TO HEAR APPEALS AGAINST THE
DISCIPLINARY BOARD’S DECISIONS

48.1 The Appeals Committee of the Association shall comprise no less than three (3) and no more than five (5) persons provided that any person so appointed is not a member of the Association.

DISCIPLINARY HEARINGS BY DISCIPLINARY BOARD, APPEALS COMMITTEE, ETC

49.1 Hearings by the Disciplinary Board, the Appeals Committee or Special General Meeting to hear an appeal as provided for under Sub-Rule 47.7 shall be conducted:

(a) in camera;

(b) without legal representation; and

(c) where possible, the member or person deemed to have contravened a section of the rules of Broomball or to be guilty of misconduct during a game of Broomball, should be present at the Disciplinary Board, Appeals Committee or Special General Meetings, unless that member or person waives this right.

49.2 Four (4) working days notice shall be given to the member or person by the Secretary of the Association of the time, date and place of a hearing, together with copies of all documents relating to the allegations.

49.3 Any properly convened disciplinary hearing can require the production of documents and the appearance of any member or person to give evidence.

49.4 The member or person subject to the hearing shall be informed, in writing, of the decision of that hearing.

PART VI - MISCELLANEOUS

JURISDICTION OF THE AUSTRALIAN BROOMBALL FEDERATION

50.1 The Committee or a properly constituted General Meeting of the Association may refer any matter, including questions relating to the contravention of a section of the rules of Broomball or to misconduct during a game of Broomball, to the Australian Broomball Federation to be dealt with in accordance with that body's Constitution or Rules.

50.2 Nothing in this Section shall prevent proceedings relating to the contravention of a section of the rules of Broomball or to misconduct during a game of Broomball from being effective.

50.3 The Association shall be bound by decisions made by the Australian Broomball Federation.

INCOME AND PROPERTY

51.1 The funds of the Association shall be derived from Annual Membership Fees of members, donations, grants, and charges to such activities as the Association may organise and, subject to any resolution passed by the Association in General Meeting and to Section 114 of the Act, such other sources as the Committee may determine.

51.2 All money received by the Association shall be deposited as soon as practicable without deduction to the Association's bank account.

51.3 The Association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

51.4 No portion of the income or property of the Association shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise to the members of the Association or to their relatives.

51.5 The Association shall not pay any remuneration by way of salary, fees or allowances or other benefit in money or money's worth (other than repayment of approved out-of-pocket expenses incurred on the Association's behalf) to any member of the Committee.

51.6 Nothing in the foregoing provisions of this Section of these Rules shall prevent the payment, in good faith, of:

(a) remuneration in return for services actually rendered to the Association by an employee or member or for goods supplied to the Association by the employee or member in the ordinary course of business;

(b) interest at a rate not exceeding the Commonwealth Savings Bond rate on moneys lent to the Association by a member (but not an employee); or

51.7 Any property of the Association shall be available for use by members and non-members of the Association at the discretion of the Committee. The Committee may determine such fees for the hire of equipment as it considers appropriate from time to time.

51.8 Members and non-members of the Association shall be personally liable for loss of or damage to any equipment which they may borrow or hire from the Association.

FUNDS MANAGEMENT

52.1 Subject to these Rules and any resolution passed by the Association in General Meeting, the income and property of the Association, however derived, shall be used and applied solely to the promotion of the purposes and objectives of the Association in such a manner as the Committee determines.

52.2 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two (2) of four (4) signatories who are members of the Committee of the Association, being members of the Committee authorised to do so by the Committee, provided that none of the signatories are members of the same family.

ACCOUNTING RECORDS

53.1 Accounts shall be kept by the Treasurer of:

(a) all sums of money received and expended by the Association and the purpose of such transactions; and

(b) the assets and liabilities of the Association.

53.2 Subject to direction from the Committee, the Treasurer shall ensure that all financially related records, accounting books, and records of receipts and expenditure connected with the operations of the Association shall be kept in such form and manner as will permit:

(a) the preparation of true and accurate accounts of the Association; and

(b) the convenient and proper auditing of the Association’s accounts.

53.3 The Treasurer shall provide reports to the Committee or Association members at each Monthly General Meeting or at no less than two (2) monthly intervals.

BANKING AND FINANCE

54.1 The Treasurer shall, on behalf of the Association, be responsible for all moneys received by the Association and the issue of official receipts.

54.2 The Committee shall authorise the opening of accounts in the name of the Association with such financial institutions as it deems appropriate.

54.3 All moneys received by the Association shall be paid by the Treasurer, or a delegate, into the appropriate Association accounts as soon as possible after receipt thereof.

54.4 Any expenditure incurred on behalf of the Association must have prior approval by a majority of the Committee before reimbursement can be claimed through the Treasurer. Liability for unapproved transactions will rest with the individuals who made the transaction and not the Association.

54.5 No payment shall be made from an Association’s accounts otherwise than by cheque drawn on that account, except with the approval of the Committee.

54.6 Subject to such provisions as the Committee may deem appropriate, the Treasurer and Secretary may be provided with sums of money to meet day-today expenditures.

54.7 No cheque shall be drawn on the Association's account s except for the payment of expenditure that has been authorised by the Committee.

ALTERATION OF PURPOSES, OBJECTIVES AND RULES

55.1 Neither the Purposes and the Objectives of the Association referred to in Sections 3 and 4 respectively of these Rules and in Section 29 of the Act nor these Rules shall be altered or rescinded except by Special Resolution in accordance with Sections 30 and 33 respectively of the Act.

COMMON SEAL

56.1 The Committee shall provide for a Common Seal which shall be kept in safe custody by the Secretary of the Association.

56.2 The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures of any two (2) members of the Committee authorised to do so.

56.3 The Secretary shall maintain a register of the occasions on which the Common Seal is used, and shall present the register to members at the Annual General Meeting.

CUSTODY OF BOOKS

57.1 Subject to the provisions of the Act, the Regulations and these Rules, the Secretary shall keep in his or her control all records and other documents relating to the Association except the Association's financial accounts and accounting records which shall be kept by the Treasurer.

57.2 Subject to the provisions of the Act and its Regulations, no books or records of the Association shall be destroyed without the express approval of the Committee.

57.3 The accounting records shall be kept at such place or places as the Committee shall from time to time determine.

INSPECTION OF BOOKS

58.1 Subject to any reasonable restrictions as to time and manner of inspection that may, for the time being, be imposed by the Association, the records, books and other documents of the Association shall be open to inspection at Association meetings or at a place in the Territory, free of charge, by any member of the Association.

AUDITOR

59.1 Each Annual General Meeting of the Association shall by resolution appoint an auditor who is registered as an auditor pursuant to the Corporations Law and who is not a member or employee of the Association, a partner, employer or employee of an officer of the Association or a partner or employee of an employee of an officer of the Association.

59.2 A person so appointed shall hold office until the next Annual General Meeting following that appointment when he/she may be re-appointed.

59.3 If an appointment is not made at an Annual General Meeting, the Committee shall appoint an auditor of the Association for the period up to the next Annual General Meeting.

59.4 If a casual vacancy occurs in the office of auditor, the Committee shall fill the vacancy until the next succeeding Annual General Meeting.

59.5 The office of auditor shall become vacant if the person holding office:

(a) dies:

(b) becomes bankrupt or applies to take advantage of any laws relating to bankrupt or insolvent debtors or compounds with his/her creditors;

(d) ceases to be resident in the Australian Capital Territory; or

(e) is removed by a resolution of the Committee.

59.6 If the office of the auditor becomes vacant, the Committee shall notify the membership within twenty-eight (28) days of the vacancy occurring. The Committee shall also notify the membership of any successful appointment to the position of Auditor within twenty-eight (28) days of that appointment.

AUDIT OF THE ACCOUNTS

60.1 The Treasurer of the Association shall cause to be delivered to the Auditor the accounts, books, accounting records, records, vouchers, computer files and documents of the Association as soon as possible after the end of the financial year.

60.2 The Auditor shall certify as to the correctness of the accounts and balance sheet of the Association and shall make a report thereon available at the Annual General Meeting.

60.3 In this report, and in certifying the accounts, the Auditor shall state whether:

(a) he/she has obtained the information required to perform the audit;

(b) the accounts, in the auditor's opinion, are properly drawn up so as to reflect a true and accurate record of the financial position of the Association according to the information at his/her disposal and the explanations provided and as shown by the books of the Association; and

60.4 The Auditor:

(a) has a right of access to the accounts, books, records, vouchers, computer files and documents of the Association;

(b) may require from the Committee of the Association such information and explanations as may be necessary for the performance of his or her duties as auditor;

(d) may, in relation to the accounts of the Association, examine any member of the Committee or any employee of the Association .

SERVICE OF NOTICES

61.1 For the purpose of these Rules, a notice may be served by or on behalf of the Association upon any member at the member's address shown in the Register of Members.

61.2 Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these Rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.

DISSOLUTION OR WINDING UP OF THE ASSOCIATION

62.1 Pursuant to Section 88 of the Act, the voluntary winding up of the Association shall be decided upon only by aspecial resolution passed at a General Meeting of the Association convened for this purpose.

SURPLUS PROPERTY

63.1 At the special General Meeting convened for purpose of winding up the Association, the Association shall pass aspecial resolution nominating the transfer of any surplus property, after the satisfaction of the Association's debts and liabilities:

(a) to an association, as provided for under Sections 92(1)(a) and 92(2) of the Act, within the Australian Capital Territory which has purposes and objectives substantially the same as the purposes and objectives of the Association and which is not carried on for the purpose of trading or securing pecuniary gain for its members; or

(b) to a fund, authority or institution as provided for under Section 92(1)(b) of the Act.

APPENDIX 1

APPLICATION FOR MEMBERSHIP OF THE

ACT BROOMBALL ASSOCIATION INCORPORATED

(incorporated under the Associations Incorporation Act 1991)

PLEASE PRINT

I, ..........................................................................................................................................................................................................................

(full name of applicant)

of ..........................................................................................................................................................................................................................

(address)

........................................................................................................................................................ hereby apply to become a member of

(occupation)

the above named incorporated association. In the event of my admission as a member, I agree to be bound by the rules of the association for the time being in force.

..............................................................................

(Signature of Applicant)

Date ......................................................

[PHONE: ..................................................(Work) .................................................(Home)]

(full name)

a member of the association, nominate the applicant, for membership of the association.

..............................................................................

(Signature of Proposer)

Date .....................................................

(full name)

a member of the association, second the nomination of the applicant, for membership of the association.

..............................................................................

(Signature of seconder)

Date: ....................................................

APPENDIX 2

FORM OF APPOINTMENT OF PROXY

ACT BROOMBALL ASSOCIATION INCORPORATED

PLEASE PRINT

(full name)

(address)

being a member of the ACT BROOMBALL ASSOCIATION INCORPORATED

hereby appoint ........................................................................................................................................................................................................

(full name of proxy)

(address of proxy)

being a member of that incorporated association, as my proxy to vote for me on my behalf at the meeting of the association (annual general meeting, other general meeting or board meeting as the case may be) to be held on the

........................................................ day of ......................................................... 19.............., and at any adjournment of that meeting.

*My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insert details)

...........................................................................................

(Signature of member appointing proxy)

Date: ..................................................................................

(*To be inserted if desired)

NOTE: a proxy vote may NOT be given to a person who is not a member of the association.

APPENDIX 3

SECTIONS OF THE ASSOCIATIONS INCORPORATION ACT 1991

RELEVANT TO THE ASSOCIATION'S RULES

Section 31.(2) of the Act - Rules

31.(2) Where the model rules make provision in relation to any matter not provided for in the rules of an incorporated association, the rules of the association shall be taken to include the provision of the model rules in relation to that matter.

PUBLIC OFFICER (SUB-RULES 2.1(i) AND RULE 26 OF THE ASSOCIATION'S RULES)

Section 57 of the Act - Public Officer

57.(1) An incorporated association shall have a public officer.

(2) A person is not eligible to be the public officer of an incorporated association unless the person resides in the Territory and is at least 18 years of age.

(3) The public officer of an incorporated association may, unless the rules of the association otherwise provide, hold any office of the association in addition to the office of public officer.

(4) An act of the public officer of an incorporated association shall not be taken to be invalid only because -

(a) there is a defect in the public officer's appointment;

(b) the public officer was not eligible to be the public officer by virtue of subsection (2); and

(c) the office of public officer was, at the time of the act, to be taken to be vacant pursuant to subsection 64(2)(See below).

Section 59 of the Act - Notice of Public Officers Appointment or Change of Address

59.(1) A person who is appointed to be the public officer (other than the inaugural public officer) of an incorporated association shall, not later than 1 month after being appointed, lodge with the Registrar a notice of the appointment in the approved form.

(2) If the public officer of an incorporated association changes his or her address, the public officer shall, within one month after the change, lodge with the Registrar a notice in the approved form.

Penalty: $100.

Section 64 of the Act - Vacancy in Office of Public Officer

64.(1) An incorporated association may, by resolution, remove its public officer from office.

(2) The office of public officer of an incorporated association shall be taken to be vacant if the public officer -

(a) is removed from office pursuant to subsection (1);

(b) resigns from office;

(d) becomes insolvent under administration within the meaning of the Corporations law;

(e) suffers from mental or physical incapacity;

(f) was convicted or released from imprisonment in respect of an offence referred to in subsection 63(1) (See VI below) within the period of 5 years immediately preceding his or her appointment as public officer, or is convicted of such an offence after taking office; or

(g) ceases to reside in the Territory.

(3) Where a vacancy occurs in the office of public officer of an incorporated association, the committee of the association shall, within 14 days after the vacancy occurred appoint a person to fill the vacancy.

(4) If the committee without reasonable cause does not comply with subsection (3), each member of the committee is guilty of an offence punishable, on conviction, by a fine not exceeding $200.

II. SPECIAL RESOLUTION (SUB-RULES 2.1(m), 36.2 AND 36.3 OF THE ASSOCIATION'S RULES)

Section 70 of the Act - Special Resolutions

A resolution of an incorporated association shall be taken to be a special resolution if

(a) it is passed at a general meeting of the association, being a meeting of which at least 21 days notice, accompanied by notice of intention to propose the resolution as a special resolution, has been given to the members of the association; and

(b) it is passed by at least three-quarters of those members of the association who, being entitled to vote, vote in person or, where the rules of the association permit voting by proxy, vote by proxy at the meeting.

III. MEMBERSHIP QUALIFICATIONS (SUB-RULE 8.2(b) OF THE ASSOCIATION’S RULES)

Section 21 of the Act - Constitution of incorporated associations.

21.(1) An incorporated association shall, subject to this Act and the rules of the association, be taken to be constituted, under the name specified in the certificate of incorporation issued in respect of the association, by the persons who are its members from time to time.

(2) For the purposes of subsection (1), persons who were, immediately before the date on which an association was incorporated -

(a) in the case of an association in respect of which the certificate was issued pursuant to section 19[1] - members of the association, or members of the group proposing to form the association, as the case requires; or

(b) in the case of an association incorporated pursuant to section 27[2] - the members of the associations that amalgamated pursuant to that section; shall be taken to have been members of the association at the time the association was incorporated.

IV. LIABILITIES OF OFFICERS AND MEMBERS (SUB-RULE 15.1 OF THE ASSOCIATION'S RULES)

Section 51 of the Act - Liability of officers and members

An officer or member of an incorporated association shall not, except as otherwise provided by this Act or the rules of the association, be taken, only because of being a member or officer, to be liable to contribute to the payment of any debts or other liabilities incurred by the association, or to the costs or expenses incurred in the course of winding up the association.

Section 108 of the Act - Offences by officers of association's, etc

108.(1) A member of the committee of an incorporated association who knowingly fails to take all reasonable steps to ensure that the association has complied or is complying with this Act or with a condition imposed on the association pursuant to this Act is guilty of an offence punishable, on conviction, by a fine not exceeding $500.

108.(2) An officer of an incorporated association, or an incorporated association, who or that contravenes a condition imposed on the association pursuant to this Act by the Registrar or the Minister is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.

108.(3) Proceedings for an offence under this section may be instituted against an officer of an incorporated association, and the officer may be convicted of the offence, whether or not proceedings in relation to the offence have been instituted against the association or the association has been convicted of a offence related to the first-mentioned offence.

108.(4) Nothing in this section shall be taken to affect the liability of an incorporated association in respect of an offence committed by the association against this Act.

Section 109 of the Act - Offence : trade or pecuniary gain

109.(1) An incorporated association shall not, as trustee or otherwise, trade or secure pecuniary gain for its members.

Penalty: $2,000

(2) Subsection (1) does not apply to an association incorporated pursuant to a declaration under subsection 15.(1)[3].

Section 110 of the Act - Liability of members

Where, pursuant to subsection 108(1) (See above), a member or members of the committee of an incorporated association is or are guilty of an offence in respect of a failure of the association to comply with section 109(See above), the member or members is or are respectively liable, or jointly and severally liable, for any debt or liability incurred by the association because of the commission of the offence.
V. VACATION OF COMMITTEE MEMBERSHIP AND DISCIPLINING OF MEMBERS (SUB-RULES 16.4, 18.3,
4(e), 27.1(d) AND 28.1 OF THE ASSOCIATION'S RULES)

Section 50 of the Act - Rules of natural justice.

Where an incorporated association exercises any power that it has to adjudicate upon a dispute between its members, or between itself and a member or members, in relation to the rights conferred upon the members by the rules of the association, any decision made by the association shall not be taken to be valid unless, in any proceedings in relation to the dispute, the rules of natural justice have been complied with.
VI. VACANCIES ON THE COMMITTEE (SUB-RULES 26.4(h) AND 27.1(g) OF THE ASSOCIATION’S RULES)

Section 63 of the Act - Disqualification from office

63.(1) A person who has been convicted, whether in or outside the Territory, of -

(a) an indictable offence in relation to the promotion, formation or management of a body corporate; or

(b) an offence involving fraud or dishonesty punishable by imprisonment for a period of 3 months or more;

shall not, within the period of 5 years after the person was convicted or released from imprisonment in respect of the offence, whichever is later, without leave of the Supreme Court, accept an appointment or act as the public officer or member of the committee of an incorporated association.

Penalty: $5,000 or imprisonment for 6 months, or both.

VII. DISCLOSURE OF COMMITTEE MEMBER'S INTERESTS IN CONTRACTS, ETC (RULE 32 OF THE
ASSOCIATIONS RULES)

Section 65 of the Act - Disclosure of committee member's interests

65.(1) Where a member of the committee of an incorporated association has any direct or indirect pecuniary interest in a contract or proposed contract to which the association is or may be a party, the committee member shall -

(a) as soon as the interest becomes apparent to him or her - disclose the nature and extent of the interest to the committee; and

(b) disclose the nature and extent of the interest at the next general meeting of the association.

Penalty: $2,000

(2) A member of the committee of an incorporated association who has an interest in a contract or proposed contract referred to in subsection (1) shall not take part in making any decision with respect to the contract or proposed contract, but may, subject to this section and section 66[4], participate in any deliberations of the committee with respect to the contract or proposed contract.

Penalty: $2,000

VIII. HOLDING OF ANNUAL GENERAL MEETINGS (SUB-RULE 33.3 OF ASSOCIATION’S RULES)

Section 120 of the Act - Extensions of time for applications, etc.

120.(1) The Registrar may, on written application of an incorporated association, an officer of an incorporated association or a person authorised for the purposes of this section by an association or a group of persons proposing to form an association, extend a period of time prescribed by this Act or regulations, whether or not the application is made before the period has expired.

(2) The Registrar may make the extension of a period pursuant to subsection (1) subject to any conditions the Registrar thinks fit and may, by written notice to the association, vary or revoke the extension.

CALLING OF AND BUSINESS AT ANNUAL GENERAL MEETINGS (SUB-RULE 34.2(d) OF THE
ASSOCIATION'S RULES)

Section 73 of the Act - Presentation of statement to members

73.(1) At each annual general meeting of an incorporated association the following documents shall be presented by the Committee for the consideration of the meeting:

(a) the audited statement of the association's accounts in respect of the most recently ended financial year of the association;

(b) a copy of the auditor's report to the association in relation to the association's account for that financial year;

(i) the name of each member of the committee of the association during the most recently ended financial year of the association and, if different, at the date of the report;

(ii) the principle activities of the association during the most recently ended financial year and any significant change in the nature of those activities that occurred during the financial year; and

(iii) the net profit or loss of the association for the most recently ended financial year.

(2) The committee of an association prescribed for the purposes of section 76[5] shall ensure that the prescribed number of copies of the documents[6] referred to in paragraphs (1)(a) and (b) are available for perusal by members of the association immediately before and during the annual general meeting.

Penalty: $2,000.

X. INCOME AND PROPERTY (RULES 51.1 OF THE ASSOCIATION'S RULES)

Section 114 of the Act - Investment with associations

114.(1) An incorporated association shall not, without written approval of the Registrar, invite a person other than a member or applicant for membership of the association to invest money with the association nor receive money from such a person for investment with the association.

Penalty: $5,000.

(2) If an incorporated association receives money from a person in contravention of subsection (1) -

(a) the transaction shall be taken to be void; and

(b) the money, any interest on the money paid or payable to the association, and any profit derived from use of the money by the association, is recoverable by the person from the association as a debt due to the person.

(3) An incorporated association may, subject to the rules, invite a member or applicant for membership of the association to deposit money with or lend money to the association, and may receive money from a member or applicant for membership.

(4) The Registrar may grant an incorporated association approval to invite a person referred to in subsection (1) to invest money with the association and approval to receive money from such a person for investment, and may make the grant subject to such conditions as the Registrar thinks fit.

(5) An association that does not comply with the conditions specified in a grant of approval given to the association pursuant to subsection (4) is guilty of an offence punishable, on conviction, by a fine not exceeding $5,000.

ALTERATION OF PURPOSES, OBJECTIVES AND RULES (RULE 55.1 OF THE ASSOCIATION’S RULES)

Section 29 of the Act - Objects

The objects of an incorporated association are the objects appearing in the statement of the association’s objects lodged with the Registrar pursuant to subparagraph
18 (1)(b)(i)[7] or 26 (2)(b)(i)⁷, as the case requires, being those objects as altered from time to time in accordance with section 30 (See below).

Section 30 of the Act - Alteration of objects

30.(1) An incorporated association may, by special resolution , alter its objects.

(2) An incorporated association shall, not later than 1 month after a special resolution to alter the objects of the association has been passed by the association, lodge with the Registrar a notice in the approved form setting out the particulars of the alteration.

Penalty: $200.

(3) A resolution to alter the objects of an incorporated is of no effect until the notice has been lodged.

Section 33 of the Act - Alteration of rules

33.(1) Subject to this Act, an incorporated association may, by special resolution, alter its rules in whole or in part and may, in particular -

(a) adopt as its rules the model rules as in force from time to time instead of rules other than the model rules adopted pursuant to subparagraph 16 (c)(ii)[8], paragraph 26 (1)(b)[9] or paragraph (b); or

(b) adopt as its rules other rules that comply with section 32[10] instead of the model rules adopted pursuant to subparagraph 16 (c)(i)[11], paragraph 26 (1)(b)⁹ or paragraph (a).

(2) Where an incorporated association has resolved to alter its rules, the association shall, not later than 1 month after the resolution was passed, lodge with the Registrar a notice in the approved form setting out the particulars of the alteration, and including a declaration by at least 2 members of the committee of the association to the effect that a special resolution referred to in subsection (1) was duly passed by the association.

Penalty: $200.

(3) Where a notice relating to the alteration of the rules of an association has been lodged pursuant to subsection (2), the Registrar may give notice to the association that it is required to lodge a copy of its rules with the Registrar.

(4) When an incorporated association has been given notice by the Registrar pursuant to subsection (3), the association shall, not later than 1 month after the date of the notice, lodge with the Registrar a printed copy, in consolidated form of the association's rules as altered and in force at that date.

Penalty: $200.

(5) A resolution to alter the rules of an incorporated association is of no effect until a notice been lodged by the association pursuant to subsection (2).

XII. DISSOLUTION OF THE ASSOCIATION (RULE 62.1 OF THE ASSOCIATION'S RULES)

Section 88 of the Act - Voluntary winding up

An incorporated association may be wound up voluntarily if the association has, by special resolution, resolved that it be wound up.

XIII. SURPLUS PROPERTY (RULE 63.1 OF THE ASSOCIATION'S RULES)

Section 92 of the Act - Property of defunct association

92.(1) On the dissolution or the completion of the winding up of an incorporated association, any surplus property of the association shall, subject to any trust affecting the property or part of it, be taken to -

(a) vest in another association (whether or not the other association is incorporated), being an association that complies with subsection (2) and that

(i) has been nominated for the purposes of this paragraph in the rules of the former association; or

(ii) if no association is nominated in those rules - has been nominated by special resolution of the former association;

(b) vest in a fund, authority or institution in Australia specified in paragraph 78(1)(a) of the Income Tax Assessment Act 1936 of the Commonwealth that

(i) has been nominated for the purpose of this paragraph in the rules of the former association; or

(ii) if no such fund, authority or institution in Australia is nominated in those rules - has been nominated by special resolution of the former association; or

(c) where no association, fund, authority or institution has been nominated in accordance with paragraph (a) or (b), as the case requires - vest in the Registrar.

(2) For the purpose of paragraph (1)(a), an association shall be taken to comply with this subsection if it -

(a) has objects substantially the same as the objects of the former association;

(b) is not carried on for the object of trading or securing pecuniary gain for its members; and

(c) has provision in its rules requiring that any surplus property of the association to be passed, on the dissolution or winding up of the association, to another association that

(i) has objects substantially the same as the first-mentioned Association; and

(ii) is not carried on for the object of trading or securing pecuniary gain for its members.

(3) Where, for the purpose of subsection (1), a former association has nominated another association or a fund, authority or institution, as the case requires, by special resolution, the former association shall lodge with the Registrar a notice in writing, signed by at least 2 members of the committee of the former association, certifying that the special resolution was duly passed.

Penalty: $200

(4) A person aggrieved by the operation of subsection (1) in relation to the surplus property of the former association may apply to the Supreme Court for an order in respect of the property.

(5) Where, in accordance with subsection (1), land or an interest in land (being land in the Territory) vested in an incorporated association is taken to vest in another association, in a fund, authority or institution or in the Registrar, as the case requires, the Registrar of Titles, on the production of a statement by the Registrar certifying to the effect that the incorporated association has been wound up and that the land or interest is vested, in accordance with subsection (1), in another association, in a fund, authority or institution or in the Registrar, as the case requires, shall endorse the relevant certificate of title in the Register Book kept pursuant to the Real Property Act 1925 to that effect.

(6) In this section -

"surplus property" means any property or interest in property of a former association that remains after the satisfaction of any debts or liabilities of the former association and any costs, charges or expenses incurred in the winding up of the former association.

[1] Section 19 of the Act relates to "Certificate of incorporation".

[2] Section 27 of the Act relates to "Incorporation of amalgamating associations".

[3] Section 15.(1) of the Act relates to Ministerial decisions permitting associations which are normally ineligible for incorporation to incorporate.

[4] Section 66 of the Act relates to “Information from officers” sought by the Registrar. Not of any real direct significance to the Association’s Rules.

[5] Section 76 of the Act relates to the "Auditor of prescribed associations" and covers the appointment of an auditor of an incorporated association, persons who may and may not be the auditor of an incorporated association and the functions, duties and rights of an auditor of an incorporated association.

⁶ Regulation 11 of The Associations Incorporation Regulations specifies that for the purposes of subsection 73(2) of the Act, the prescribed number of copies of documents is 100.

[7] Subparagraphs 18(1)(b)(i) and 26(2)(b)(i) of the Act relate to the application for incorporation of an association or proposed association having to be accompanied by a copy of a statement of the objects of the association or proposed association.

[8] Subparagraph 16(c)(ii) relates to the decision by an association proposing to incorporate adopting rules other than the model rules.

[9] Paragraph 26(1)(b) relates to two or more incorporated associations proposing to amalgamate lodging a joint application for incorporation as a single association if the model rules or other rules complying with the Act have been adopted as the rules for the new association.

[10] Section 32 relates to rules other than the model rules and indicates the circumstances under which these rules comply with the provisions of the Act.

[11] Subparagraph 16(c)(i) relates to the decision by an association proposing to incorporate adopting the model rules.

ACT Broomball

ACTBA Constitution

4. OBJECTIVES OF THE ASSOCIATION

We Support