Rules of the PC Users Group (ACT) Incorporated
Amended 28 April 1997
TABLE OF PROVISIONS
PART I: PRELIMINARY
1. Interpretation
2. Further interpretation
3. Interpretation Act 1967 applies
4. Name
5. Objects
PART II: MEMBERSHIP
6. Membership qualifications
7. Nomination for membership
8. Membership entitlements not transferable
9. Cessation of membership
10. Resignation of membership
11. Fee, subscriptions etc.
12. Members' liabilities
13. Disciplining of members
14. Right of appeal of disciplined member
PART III: THE COMMITTEE
15. Powers of the Committee
16. Constitution and membership of the Committee
17. Election of Committee members
18. Secretary
19. Treasurer
20. Library
21. Vacancies
22. Removal of Committee members
23. Committee meetings and quorum
24. Delegation by Committee to sub-committee
25. Delegation of functions from one Committee member to another
26. Voting and decisions
PART IV: GENERAL MEETINGS
27. Annual general meetings - holding of
28. Annual general meetings - calling of and business at
29. General meetings - calling of
30. Notice
31. General meetings - procedure and quorum
32. Presiding member
33. Adjournment
34. Making of decisions
35. Voting
36. Appointment of proxies
PART V: MISCELLANEOUS
37. Funds - source
38. Funds - management
39. Common seal
40. Custody of books
41. Inspection of books
42. Service of notices
43. Surplus property
APPENDIX 1: FORM OF APPOINTMENT OF PROXY
PART I: PRELIMINARY
1. Interpretation
In these Rules, unless a contrary intention appears -
"financial year" means the year ending on 30 June;
"member" means a member, however described, of the Association;
"ordinary Committee member" means a member of the Committee who is not an
office-bearer of the Association as referred to in paragraph 16(1)(a);
"Secretary" means the person holding that office or, where no person holds that office, the
public officer of the Association;
"the Act" means the Australian Capital Territory Associations Incorporation Act 1991; and
"the Regulations" means the Associations Incorporation Regulations.
2. Further interpretation
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.
3. Interpretation Act 1967 applies
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.
4. Name
The name of the Association shall be "PC Users Group (ACT)".
5. Objects
The objects of the Association shall include but not be limited to -
(1) To disseminate information on all aspects of personal computers to members and
the community.
(2) To assist members in solving problems with personal computers.
(3) To arrange seminars, lectures, workshops and other educational activities on all
aspects of personal computers for members and the community.
(4) To acquire and distribute software.
(5) To encourage research and educational projects on the use of personal
computers.
(6) To disseminate and encourage the dissemination of the results of such research
and educational projects for the benefit of the community at large.
(7) To promote such legislative changes to the present law as are necessary to adjust
the law to cope with information technology.
(8) To develop and promote policies on any aspect of personal computers.
(9) To do all such other things as may be incidental to the objects of the Association
including all such social activities as are compatible with the foregoing.
PART II: MEMBERSHIP
6. Membership qualifications
A person is qualified to be a member if -
(a) the person is a person referred to in paragraph 21(2)(a) or (b) of the Act and has
not ceased to be a member of the Association at any time after incorporation of the
Association under the Act; or
(b) the person -
(i) has been nominated for membership in accordance with sub-rule 7(1); and
(ii) has been approved for membership of the Association by the Committee of
the Association.
7. Nomination for membership
(1) A nomination of a person for membership of the Association -
(a) shall be made by the person desiring membership in writing; and
(b) shall be lodged with the Secretary of the Association.
(2) As soon as is practicable after receiving a nomination for membership, the
Secretary shall refer the nomination to the Committee which shall determine
whether to approve or to reject the nomination.
(3) Where the Committee determines to approve a nomination for membership, the
Secretary shall as soon as practicable after that determination notify the nominee
of that approval and request the nominee to pay within 28 days after receipt of the
notification of the sum payable under these Rules by a member as the entrance
fee and the first year's annual subscription.
(4) The Secretary shall, on payment by the nominee of the amounts referred to in
sub-rule (3) within the period referred to in that sub-rule, 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.
8. Membership entitlements not transferable
A right, privilege or obligation which a person has by reason of being a member of an
Association
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates upon cessation of the person's membership.
9. Cessation of membership
A person ceases to be a member of an Association if the person -
(a) dies or, in the case of a body corporate, is wound up;
(b) resigns from membership of the Association;
(c) is expelled from the Association;
(d) fails to renew membership of the Association; or
(e) in the case of a natural person representing a body corporate, that person
ceases to represent the body corporate.
10. Resignation of membership
(1) A member is not entitled to resign from membership of the Association except in
accordance with this Rule.
(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 one month or, if the Committee has determined a shorter period, that
shorter period) in writing to the Secretary of the member's intention to resign and,
upon the expiration of the period of notice, the member ceases to be a member.
(3) Where a person ceases to be a member, the Secretary shall make an appropriate
entry in the register of members recording the date on which the member ceased
to be a member.
11. Fee, subscription etc.
(1) The entrance fee to the Association is $1.00, or if any other amount has been
determined by resolution of the Committee, such other amount.
(2) The annual membership fee of the Association is $2.00, or if any other amount
has been determined by resolution of the Committee that other amount.
(3) The annual membership fee is payable on each anniversary of the date upon
which a member joined the Association.
12. Members' liabilities
The liability of a member 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 member in respect of membership of the
Association as required by Rule 11.
13. Disciplining of members
(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: or
(b) has persistently and wilfully acted in a manner prejudicial to the interests
of the Association,
the Committee may, by resolution -
(c) expel the member from the Association; or
(d) suspend the member from such rights and privileges of membership of the
Association as the Committee may determine for a specified period.
(2) A resolution of the Committee under sub-rule (1) is of no effect unless the
Committee, at a meeting held not earlier than 14 days and not later than 28 days
after service on the member of a notice under sub-rule (3), confirms the resolution
in accordance with this Rule.
(3) Where the Committee passes a resolution under sub-rule (1), 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 than 14 days and not later than 28 days after service of
the notice;
(c) stating the date, place and time of that meeting; and
(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 that meeting
written representations relating to the resolution.
(4) Subject to section 50 of the Act, at a meeting of the Committee mentioned in
sub-rule (9), the Committee shall
(a) give to the member mentioned in sub-rule (1) 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 sub-rule (1).
(5) Where the Committee confirms a resolution under sub-rule (4), the Secretary
shall, within seven days after that confirmation, by notice in writing inform the
member of that confirmation and of the member's right of appeal under Rule 14.
(6) A resolution confirmed by the Committee under sub-rule (4) 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
sub-rule 14(4).
14. Right of appeal of disciplined member
(1) A member may appeal to the Association in general meeting against a resolution of
the Committee which is confirmed under sub-rule 13(4), within seven days after
notice of the resolution is served on the member, by lodging with the Secretary a
notice to that effect.
(2) Upon receipt of a notice under sub-rule (1), the Secretary shall notify the
Committee which shall convene a general meeting of the Association to be held
within 21 days after the date on which the Secretary received the notice or as soon
as possible after that date.
(3) Subject to section 50 of the Act, at a general meeting of the Association convened
under sub-rule (2) -
(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 sub-rule 13(4), that the resolution is confirmed.
(4) If the meeting passes a special resolution in favour of the confirmation of the
resolution made under sub-rule 13(4), that resolution is confirmed.
PART III: THE COMMITTEE
15. Powers of the Committee
The Committee, subject to 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) has the power to perform all such acts and do all such things as appear to the
Committee to be necessary or desirable for the proper management of the affairs
of the Association.
16. Constitution and membership of the Committee
(1) The Committee shall consist of -
(a) the office-bearers of the Association and up to 10 ordinary members of the
Association; each of whom shall be elected pursuant to Rule 17 or
appointed in accordance with sub-rule (4); and
(b) the Immediate Past President.
(2) The office-bearers of the Association shall be -
(a) the President;
(b) the Vice-President;
(c) the Treasurer; and
(d) the Secretary.
(3) Each member of the Committee shall, subject to these Rules, hold office from the
conclusion of the annual general meeting at which he or she is elected until the
conclusion of the annual general meeting following the date of the member's
election, but is eligible for re-election.
(4) In the event of a vacancy in the membership of the Committee, the Committee may
appoint a member of the Association to fill the vacancy and the member so
appointed shall hold office, subject to these Rules, until the conclusion of the
annual general meeting following the date of the appointment.
17. Election of Committee members
(1) Nomination of candidates for election as office-bearers of the Association or as
ordinary Committee members -
(a) shall be made in writing, signed by two members of the Association and
accompanied by the written consent of the candidate (which may be
endorsed on the nomination form); and
(b) shall be delivered to the Secretary of the Association no later than the last
Friday in the July before the date fixed for the annual general meeting at
which the election is to take place.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the
candidates nominated shall be deemed to be elected.
(3) A vacant positions remaining on the Committee shall be deemed to be a vacancy
for the purpose of Rule 16(4).
(4) If the number of nominations received is equal to the number vacancies to be
filled, the persons shall be taken to be elected.
(5) If the number of nominations received exceeds the number of vacancies to be
filled, a ballot shall be held.
(6) The ballot for the election of office-bearers and ordinary Committee members shall
be completed at the annual general meeting in such manner as the Committee
may direct, but having regard to Rule 28, sub-rule (2).
(7) A person is not eligible to simultaneously hold more than one position on the
Committee.
(8) The President shall promptly draw to the attention of Committee members their
responsibilities under the Act with particular reference to Section 65, "Disclosure
of Committee Members' Interest".
18. Secretary
(1) The Secretary of the Association shall, as soon as practicable after being
appointed as Secretary, notify the Association of his or her address.
(2) The Secretary shall keep minutes of -
(a) all elections and appointments of office-bearers and ordinary Committee
members;
(b) the names of members of the Committee present at a Committee meeting
or a general meeting; and
(c) all proceedings at Committee meetings and general meetings.
(3) Minutes of proceedings at a meeting shall be signed by the person presiding at the
meeting or by a person presiding at the next succeeding meeting.
(4) The Secretary of the Association shall issue all notices of meetings of the
Association and the Committee and such other notices as the Committee may
direct to be issued.
(5) The Secretary shall keep in safe keeping a copy of these Rules and of any
amendment thereto which from time to time may lawfully be made.
19. Treasurer
(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.
20. Library
(1) The Committee shall be responsible for the purchase, stocking, sale, loan or
borrowing of all such software, journals and other media as are compatible with
the objects of the Association.
(2) The Committee shall keep members informed of all stocks available to them.
21. Vacancies
(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;
(c) resigns from office;
(d) is removed from office pursuant to Rule 22;
(e) becomes an insolvent under administration within the meaning of the
Corporations Law;
(f) suffers from mental or physical incapacity;
(g) is disqualified from office under subsection 63(1) of the Act; or
(h) is absent without the consent of the Committee members from all meetings
of the Committee held during a period of six months.
22. Removal of Committee members
The Association in general meeting may by resolution, subject to section 50 of the Act,
remove any member of the Committee from the office of member of the Committee before
the expiration of the member's term of office.
23. Committee meetings and quorum
(1) The Committee shall meet at least three times in each calendar year at such place
and time as the Committee may determine.
(2) Additional meetings of the Committee may be convened by any three members of
the Committee.
(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 the holding of the meeting.
(4) Notice of a meeting given under sub-rule (3) 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, except business which the Committee
members present at the meeting unanimously agree to treat as urgent business.
(5) Any four members of the Committee constitute a quorum for the transaction of the
business of a meeting of the Committee.
(6) No business shall be transacted by the Committee unless a quorum is present and
if within half an hour after the time appointed for the meeting a quorum is not
present the meeting stands adjourned to the same place and at the same hour of
the day in the following week.
(7) If at the adjourned meeting a quorum is not present within half an hour after the
time appointed for the meeting, the meeting shall be dissolved.
(8) At meetings of the Committee -
(a) the President or in the absence of the President, the Vice-President shall
preside; or
(b) if the President and the Vice-President are absent, one of the remaining
members of the Committee may be chosen by the members present to
preside.
24. Delegation by Committee to sub-committee
(1) The Committee may by instruction in writing delegate to one or more
sub-committees (consisting of such member, members or employees of the
Association as the Committee thinks fit) the exercise of such of the functions of the
Committee as are specified in the instrument, 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.
(2) A function, the exercise of which has been delegated to a sub-committee under
this Rule may, while the delegation remains unrevoked, be exercised from time to
time by the sub-Committee in accordance with the terms of the delegation.
(3) A delegation under this Rule may be made subject to such conditions or
limitations as to the exercise of any function, or as to time or circumstances, as
may be specified in the instrument of delegation.
(4) Notwithstanding any delegation under this Rule, the Committee may continue to
exercise any function delegated.
(5) Any act or thing done or suffered by a sub-committee acting in the exercise of a
delegation under this Rule has the same force and effect as it would have if it had
been done or suffered by the Committee.
(6) The Committee may, by instrument in writing, revoke wholly or in part any
delegation under this Rule.
(7) A sub-committee may meet and adjourn as it thinks proper.
(8) The President of the Association shall be an ex-officio member of all
sub-committees which may be formed.
25. Delegation of functions from one Committee member to another person
Unless otherwise provided for in these Rules and subject to Committee approval any
Committee member may delegate any of his or her functions to another Committee
member or to an employee of the Association.
26. Voting and decisions
(1) Questions arising at the meeting of the Committee or of any sub-committee
appointed by the Committee shall be determined by a majority of the votes of
members of the Committee or sub-committee present at the meeting.
(2) Each member present at a meeting of the Committee or of any sub-committee
appointed by the Committee (including the person presiding at the meeting) is
entitled to one vote but, in the event of an equality of votes on any question, the
person presiding may exercise a second or casting vote.
(3) Subject to sub-rule 23(5), the Committee may act notwithstanding any vacancy on
the Committee.
(4) Any act or thing or suffered, or purporting to have been done or suffered, by the
Committee or by the 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.
PART IV: GENERAL MEETINGS
27. Annual general meetings - holding of
(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 five
months after the expiration of each financial year of the Association, convene an
annual general meeting of its members.
(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 five months after the expiration of the first financial
year of the Association.
(3) Sub-rules (1) and (2) have effect subject to the powers of the Registrar of
Incorporated Associations under section 120 of the Act in relation to extensions of
time.
28. Annual general meetings - calling of and business at
(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.
(2) The President, or in the absence of the President, the Vice-President, shall preside
at each annual general meeting of the Association, however:
(a) If the President and the Vice-President are absent from the annual general
meeting, the members present shall elect one of their number to preside at
the meeting.
(b) Immediately prior to the election of Committee members, those members
present shall elect one of the people present as Returning Officer. The
person so elected shall preside over the meeting until the election of
Committee members is completed and the results have been announced.
Nominees and current Committee members are not permitted to act as
Returning Officer.
(3) 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 reports on the activities of the Association
during the last preceding financial year;
(c) to receive and consider the statement of accounts and the reports that are
required to be submitted to members pursuant to subsection 73(1) of the
Act; and
(d) to elect members of the Committee, including office-bearers.
(4) An annual general meeting shall be specified as such in the notice convening it in
accordance with Rule 30.
(5) An annual general meeting shall be conducted in accordance with the provisions
of this Part.
29. General meetings - calling of
(1) The Committee may, whenever it thinks fit, convene a general meeting of the
Association.
(2) The Committee shall, on the requisition in writing of not less than five per cent of
the total number of members, convene a general meeting of the Association.
(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;
(c) shall be lodged with the Secretary; and
(d) may consist of several documents in a similar form, each signed by one or
more of the members making the requisition.
(4) If the Committee fails to convene a general meeting within one month after the
date on which a requisition of members for the meeting is lodged with the
Secretary, any one or more of the members who made the requisition may convene
a meeting to be held not more than three months after that date.
(5) A general meeting convened by a member or members referred to in sub-rule (4)
shall be convened as nearly as is practicable in the same manner as general
meetings are convened by the Committee and any member who thereby incurs
expense is entitled to be reimbursed by the Association for any reasonable expense
so incurred.
30. Notice
(1) Except 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 14 days before the date fixed for the holding of the general meeting, cause to
be sent by pre-paid post to each member at the member's address appearing in
the register of members, a notice specifying the place, date and time of the
meeting and the nature of the business proposed to be transacted at the meeting.
(2) 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 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 sub-rule (1) specifying, in
addition to the matter required under that sub-Rule, the intention to propose the
resolution as a special resolution.
(3) 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 sub-rule 28(3).
(4) A member desiring to bring any business before a general meeting may give notice
in writing of that business to the Secretary who shall include that notice from the
member.
31. General meetings - procedure and quorum
(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.
(2) Six members present in person (being members entitled under these Rules to vote
at a general meeting) constitute a quorum for the transaction of the business of a
general meeting.
(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 the
same day in the following week at the same time and (unless another place is
specified at the time of the adjournment by the person presiding at the meeting or
communicated by written notice to members given before the day to which the
meeting is adjourned) at the same place.
(4) If at the adjourned meeting a quorum is not present within half an hour after the
time appointed for the commencement of the meeting, the meeting shall be
dissolved.
32. Presiding member
(1) The President, or in the absence of the President, the Vice-President, shall preside
at each general meeting of the Association.
(2) If the President and the Vice-President are absent from the general meeting, the
members present shall elect one of their number to preside at the meeting.
33. Adjournment
(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.
(2) Where a general meeting is adjourned for 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.
(3) Except as provided in sub-rules (1) and (2), notice of an adjournment of a general
meeting or of the business to be transacted at an adjourned meeting is not
required to be given.
34. Making of decisions
(1) A question arising at a general meeting of the Association shall be determined on a
show of hands and unless a poll is demanded, a declaration by the person
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 of or against that resolution.
(2) At a general meeting of the Association, a poll may be demanded by any member
present in person or by proxy at the meeting.
(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 person
to preside at the meeting or to the question of an adjournment; or
(b) in any other case, in such manner and at such time before the close of the
meeting as the person presiding directs, and the resolution of the poll on
the matter shall be deemed to be the resolution of the meeting on that
matter.
35. Voting
(1) Subject to sub-rule (3), upon any question arising at a general meeting of the
Association a member has one vote only.
(2) All votes shall be given personally or by proxy but no member may hold more than
5 proxies .
(3) In the case of an equality of votes on a question at a general meeting, the person
presiding is entitled to exercise a second or casting vote.
(4) A member or proxy is not entitled to vote at any general meeting of the 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 subscription payable in respect of
the then current year.
36. Appointment of proxies
(1) Each member shall be entitled to appoint another member as proxy by notice
given to the Secretary no later than 24 hours before the time of the meeting in
respect of which the proxy is appointed.
(2) The notice appointing the proxy shall be in the form set out in Appendix 1 to these
Rules.
PART V: MISCELLANEOUS
37. Funds - source
(1) The funds of the Association shall be derived from entrance fees and annual
subscriptions of members, donations and, subject to any resolution passed by the
Association in general meeting and subject to section 114 of the Act, such other
sources as the Committee determines.
(2) All money received by the Association shall be deposited as soon as practicable
and without deduction to the association's bank account.
(3) The Association shall, as soon as practicable after receiving any money, issue an
appropriate receipt.
38. Funds - management
(1) Subject to any resolution passed by the Association in general meeting, the funds
of the Association shall be used in pursuance of the objects of the Association in
such a manner as the Committee determines.
(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable
instruments shall be signed by any two members of the Committee or employees of
the Association, being members of the Committee or employees authorised to do so
by the Committee.
39. Common seal
(1) The common seal of the Association shall be kept in the custody of the Secretary.
(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 either of two members of the Committee or of one member of the
Committee and of the Secretary.
40. Custody of books
Subject to 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.
41. Inspection of books
The records, books and other documents of the Association shall be open to inspection at
a place in the Territory, free of charge, by a member of the Association by prior
arrangement with the Secretary.
42. Service of notices
(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.
(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.
43. Surplus property
(1) At any general meeting of the Association, the Association may pass a special
resolution nominating -
(a) another Association for the purpose of paragraph 92(1)(a) of the Act; or
(b) a fund, authority or institution for the purpose of paragraph 92(1)(b) of the
Act, in which it is to vest its surplus property in the event of the
dissolution or winding up of the Association.
(2) An Association nominated under paragraph (1)(a) must fulfil the requirements
specified in subsection 92(2) of the Act.
APPENDIX 1
FORM OF APPOINTMENT AS PROXY Sub-rule 35(2)
I, _______________________________________________________________________
(full name)
of _______________________________________________________________________
(address)
being a member of ________________________________________________________
(name of incorporated association)
hereby appoint ___________________________________________________________
(full name of proxy)
of _______________________________________________________________________
(address)
being a member of that incorporated association, as my proxy to vote for me on my behalf at the
general meeting of the Association (annual general meeting or other general meeting, as the case
may be) to be held on the _________________________day of ____________________________ 19_____
* My proxy is authorised to vote in favour of/or against (delete as appropriate) the resolution
(insert details).
_________________________________
(signature of member appointing Proxy)
(*to be inserted if desired.)
Date____________________
Rules of the PC Users Group (ACT) Incorporated (as amended 28 April 1997)
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