4OUR
Constitution
- NAME
- The name of the
incorporated association shall be "CABOOLTURE
COMMUNITY FM RADIO ASSOCIATION INC." (
in these rules called "The Association"
).
- OBJECTS
- The objects for which
the association is established are:-
- To enable groups and
persons representing a wide range of community
interests and concerns to broadcast to people in
Caboolture and surrounds predominantly matters of
special interest or relevance to people in that
area.
- To broadcast
Christian programmes every Sunday.
- To provide this
service through an independent non-profit radio
station owned and operated by the association.
- To encourage
community involvement in program production.
- To apply for and hold
a licence under the provisions of the
Broadcasting Services Act 1992 and any subsequent
amendments thereto.
- To provide training
for members of the community who wish to perform
voluntary work at the station in whatever areas
the association requires volunteers.
- POWERS
- The powers of the
association in furtherance of the objects of the
association, are:-
- To take over the
funds and other assets and the liabilities of the
present unincorporated association known as the
Caboolture Community FM Radio Association.
- To subscribe to,
become a member of and co-operate with any other
association, club or organization, whether
incorporated or not, whose objects are altogether
or in part similar to those of the association PROVIDED
THAT the association shall not subscribe to
or support with its funds any club, association
or organization which does not prohibit the
distribution of its income and property among its
members to an extent at least as great as that
imposed on the association under or by virtue of
rule 27 (10).
- To buy, sell and deal
in all kinds of articles, commodities and
provisions, both liquid and solid, for the
members of the association or persons frequenting
the association's premises.
- To purchase, take on
lease or in exchange, hire and otherwise acquire
any lands, buildings, easements or property, real
and personal and any rights or privileges which
may be requisite for the purposes of, or capable
of being conveniently used in connection with any
of the objects of the association PROVIDED
THAT in case the association shall take or
hold any property which may be subject to any
trusts the association shall only deal with the
same in such manner as is allowed by law having
regard to such trusts.
- To enter into any
arrangements with any government or authority
that are incidental or conducive to the
attainment of the objects and the exercise of the
powers of the association; to obtain from any
such government or authority any rights,
privileges and concessions which the association
may think it desirable to obtain; and to carry
out, exercise and comply with any such
arrangements, rights, privileges and concessions.
- To appoint, employ,
remove or suspend such managers, clerks,
secretaries, servants, workmen and other persons
as may be necessary or convenient for the
purposes of the association.
- To remunerate any
person or body corporate for services rendered,
or to be rendered, and whether by way of
brokerage or otherwise in placing or assisting to
place or guaranteeing the placing of any
unsecured notes, debentures or other securities
of the association, or in or about the
association or promotion of the association or in
furtherance of its objects.
- To construct,
improve, maintain, develop, work, manage, carry
out, alter or control any houses, building,
grounds, works or conveniences which may seem
calculated directly or indirectly to advance the
association's interests, and to contribute to,
subsidise or otherwise assist and take part in
the construction, improvement, maintenance,
development, working, management, carrying out,
alteration or control thereof.
- To invest and deal
with the money of the association not immediately
required in such manner as may from time to time
be thought fit subject where applicable to
regulation 32 (14) of the Collections Regulation
1975.
- To take, or otherwise
acquire, and hold shares, debentures or other
securities of any company or body corporate.
- To lend and advance
money or give credit to any person or body
corporate, to guarantee and give guarantees or
indemnities for the payment of money or the
performance of contacts or obligations by any
person or body corporate, and otherwise to assist
any person or body corporate.
- To borrow or raise
money either alone or jointly with any other
person or legal entity in such manner as may be
thought proper and whether upon fluctuating
advance account or overdraft or otherwise to
represent or secure any moneys and further
advances borrowed or to be borrowed alone or with
others as aforesaid by notes secured or
unsecured, debentures or debenture stock
perpetual or otherwise, or by mortgage, charge,
lien or other security upon the whole or any part
of the association's property or assets present
or future and to purchase, redeem or pay-off any
such securities.
- To draw, make,
accept, endorse, discount, execute and issue
promissory notes, bills of exchange, bills of
lading and other negotiable or transferable
instruments.
- To sell, improve,
manage, develop, exchange, lease, dispose of,
turn to account or otherwise deal with all or any
part of the property and rights of the
association.
- To take part or hold
mortgages, liens or charges, to ensure payment of
the purchase price, or any unpaid balance of the
purchase price, of any part of the associations
property of whatsoever kind sold by the
association, or any money due to the association
from purchasers and others.
- To take any gift
property, whether subject to any special trust or
not, for any one or more of the objects of the
association but subject always to the proviso in
subrule (4).
- To take such steps by
personal or written appeals, public meetings or
otherwise, as may from time to time be deemed
expedient for the purpose of procuring
contributions to the funds of the association, in
the shape of donations, annual subscriptions or
otherwise.
- To print and publish
any newspaper, periodicals, books or leaflets
that the association may think desirable for the
promotion of its objects.
- To amalgamate with
any one or more incorporated associations having
objects altogether or in part similar to those of
the association and which shall prohibit the
distribution of its or their income and property
among its or their members to an extent at least
as great as that imposed upon the association
under or by virtue of rule 27 (10).
- To purchase or
otherwise acquire and undertake all or any part
of the property, assets, liabilities and
engagements of any one or more of the
incorporated associations with which the
association is authorized to amalgamate.
- To transfer all or
any part of the property, assets, liabilities and
engagements of the association to any one or more
of the incorporated associations with which the
association is authorized to amalgamate.
- To make donations for
patriotic, charitable or community purposes.
- To transact any
lawful business in aid of the Commonwealth of
Australia in the prosecution of any war in which
the Commonwealth of Australia is engaged.
- To do all other
things as are incidental or conducive to the
attainment of the objects and the exercise of the
powers of the association.
- CLASSES OF MEMBERS
- The membership of the
association shall consist of the following
classes:
- ORDINARY
MEMBERS
- JUNIOR
MEMBERs
- BUSINESS
MEMBERS
- COMMUNITY
ORGANIZATION MEMBERS
- ASSOCIATE
MEMBERS
- LIFE MEMBERS
- The number of members
in each class of membership shall be unlimited.
- All ordinary members
shall be aged 18 years or over.
- All persons appointed
to represent business members or community
organization members shall be aged 18 years or
over.
- The board shall, if
it deems fit, recommend to the annual general
meeting that any person who, in the opinion of
the board, has rendered outstanding service to
the association be elected a life member of the
association, without the payment of any fee, and
such person shall be deemed to be a life member
of the association if a resolution to that effect
shall be passed by two-thirds of the ordinary
members present and entitled to vote at such
annual general meeting.
- Any person
deemed to be a life member of the
association shall be entitled to the
rights of an ordinary membership for the
balance of the term of their natural life
without the payment of any membership
fee.
- Any person, firm or
company conducting any business in Caboolture or
surrounds shall be eligible for membership as a
business member.
- Any non-profit
association registered with the appropriate
authority which operates solely or predominantly
in Caboolture or surrounds shall be eligible for
membership as a community organization member of
the association subject to these rules.
- Any group of persons,
club or association that the Board considers does
not fit within any other class of membership may
apply to become an Associate Member.
- RIGHTS OF MEMBERS
- Ordinary members
shall be entitled to:
- vote at all
general meetings
- become
members of the board
- receive
discounts at any community trader and
sponsored venues where advertised.
- Junior members shall
be entitled to:
- receive
discounts at any community trader and
sponsored venues where advertised
- but shall NOT
be entitled to:
- vote
at any general meeting
- become
members of the board
- Business members
nominees shall be entitled to:
- vote at any
general meeting
- but shall NOT
be entitled to:
- become
members of the board
- receive
discounts at any community
traders and sponsored venues
where advertised
- Community
organization members nominees shall be entitled
to:
- vote at all
general meetings
- become
members of the board
- but shall NOT
be entitled to:
- receive
discounts at any community
traders and sponsored venues
where advertised
- Associate members
shall NOT be entitled to:
- vote at any
general meeting
- become
members of the board
- receive
discounts at any community traders and
sponsored venues where advertised
- Business members
shall be entitled to a discount on the normal
cost of sponsorship messages broadcast over the
radio conducted by the association at such rates,
times and of such duration as the board may
determine.
- All members may be
entitled to such other benefits of membership as
the board may from time to time determine.
- MEMBERSHIP
- Every application for
any class of membership of the association shall
be in writing signed by the applicant and shall
be in such form as the board may from time to
time prescribe.
- All applications for
business and community organization membership
shall be signed by a person authorised by the
applicant to do so.
- In the case of a
business or community organization membership
application the applicant shall appoint a person
intended to receive notices or exercise rights on
behalf of the business or organization concerned.
- Business and
community organization members may change the
appointed person at any time provided such
changes are notified to the secretary in writing
by a person authorized by the member to do so.
- Business and
community organization members may appoint an
alternate to exercise those rights given the
original appointee providing that such alternate
only act during the period that the original
appointee is unable to do so.
- No alternate shall
act until the secretary has been notified of the
appointment in writing.
- Where application is
made from a family group, membership of that
family group shall be deemed to consist of a
maximum of two ordinary members and any number of
junior members.
- In the case of an
associate membership application the applicant
shall appoint a person to receive notices or
exercise rights on behalf of the member
concerned.
- Associate
members may appoint, change appointments
or appoint an alternate consistent with
rules 6 (2) (a), (b) and (c).
- The Board may, if it
deems fit and subject to these Rules, invite any
group of persons, club or association to become
an Associate Member.
- Upon the Board
receiving an invitation acceptance in writing and
any applicable membership fee the board may
determine that that group of persons, club or
association are Associate Members.
- MEMBERSHIP FEES
- The membership fees
for each class of membership shall be such sum as
the members entitled to vote shall from time to
time at any general meeting determine PROVIDED
THAT different fees may be fixed for each
class of membership with reductions for members
who are pensioners and where ordinary and junior
members belong to the same family.
- The membership fees
for each class of membership shall be payable at
such time and in such manner as the board shall
from time to time determine.
- The board may in
exceptional circumstances vary the payment of any
member's fee.
- ADMISSION AND REJECTION OF
MEMBERS
- Upon successful
completion of the specified application form and
payment of the associated fees each member of the
community shall automatically be accepted to the
class of membership applied for unless the
applicants membership was previously
terminated under these rules.
- Where the board has
previously terminated the membership of the
applicant the board shall determine the admission
and or rejection of the application. Where the
board intends to reject the application the
applicant concerned shall be given a full and
fair opportunity to present the case and if the
board resolves to reject the application it shall
instruct the secretary to advise the applicant in
writing of the decision accordingly.
- Upon acceptance or
rejection of an application for any class of
membership, the secretary shall forthwith give
the applicant notice in writing of such
acceptance or rejection. In the case of a
rejection of any application for membership, the
secretary shall also forthwith refund the total
amount of any fee paid.
- Should the board
terminate a membership, the member shall have the
right to appeal to a special general meeting
called for that purpose by notifying the
secretary in writing of their intention to do so.
- TERMINATION OF MEMBERSHIP
- A member may resign
from the association at any time by giving notice
in writing to the secretary. Such resignation
shall take effect at the time such notice is
received by the secretary unless a later date is
specified in the notice when it shall take effect
on that later date.
- If a member:
- is convicted
of an indictable offence: or
- fails to
comply with any of the provisions of
these rules; or
- has
membership fees in arrears for a period
of two months or more; or
- conducts
himself or herself or itself in a manner
considered to be injurious or prejudicial
to the character or interests of the
association. the board shall consider
whether the membership shall be
terminated.
- The member concerned
shall be given a full and fair opportunity of
presenting his, her or its case and, if the board
resolves to terminate the membership, it shall
instruct the secretary to advise the member in
writing accordingly.
- Should the board
terminate membership, the member shall have the
right to appeal to a special general meeting
called for that purpose by notifying the
secretary in writing of their intention to do
so..
- REGISTER OF MEMBERS
- The board shall cause
a register to be kept in which shall be entered
the names and residential addresses of all
persons admitted to ordinary membership of the
association and the dates of their admission.
- Particulars shall
also be entered into the register of the names of
all business members and the business address of
such members and the names of all community
organization members and the name and residential
address of the person nominated by such members
to receive notices and exercise any voting rights
of the organization.
- Particulars shall
also be entered into the register of deaths,
resignations, terminations and reinstatements of
membership and any further particulars as the
board or the members at any general meeting may
require from time to time.
- The register shall be
open for inspection at all reasonable times by
any member who previously applies to the
secretary for such inspection.
- MEMBERSHIP OF BOARD
- The board of the
association shall consist of a president,
vice-president, secretary, treasurer, production
manager, program manager, a member appointed to
represent and liaise with all community
organization members and one other person who
must be elected from the nominees of community
organization members.
- At the annual general
meeting of the association:-
- in each even
numbered year, the president, secretary,
program manager and the member
representing community organization
members of the board for the time being
shall retire from office but shall be
eligible upon nomination for re-election
or reappointment as the case may be.
- in each odd
numbered year, the vice-president,
treasurer, production manager and the
community organization member of the
board for the time being shall retire
from office, but shall be eligible upon
nomination for re-election or
reappointment as the case may be.
- The election of
office-bearers shall take place in the following
manner:-
- Any two
ordinary members of the association shall
be at liberty to nominate any other
ordinary member to serve as president,
vice-president, secretary, treasurer,
production manager, program manager or
community organization liaison member
with the election to take place in that
order.
- The
nomination, which shall be in writing and
signed by the member and such member's
proposer and seconder, shall be lodged
with the secretary at least fourteen days
before the annual general meeting at
which the election is to take place.
- No late
nominations shall be accepted unless at
the time of election of the position in
question no other nominations for that
position have been received, in which
case, nominations may be taken from the
floor of the meeting.
- A list of the
candidates' names for each position in
alphabetical order, with the proposers'
and seconders' names, shall be posted in
a conspicuous place in the office or
usual place of meeting of the association
for at least seven days immediately
preceding the annual general meeting.
- Balloting
lists shall be prepared containing the
names of the candidates for each
office-bearing position on the board in
alphabetical order, and each member
entitled to vote and present at the
annual general meeting shall be provided
with a copy of the prepared lists.
- The election of the
members of the board who must be nominees of
community organization members shall take place
in the following manner:
- Each of the
following community organizations, namely
Rotary, Lions, Apex and the Ministers
Fraternal, who operate solely or
predominantly in Caboolture or surrounds,
and the Caboolture Shire Council, shall,
whilst such community organization
remains a member of the association, be
at liberty to nominate one representative
to serve as a member of the board.
- Any other
community organization member shall be
entitled to nominate a representative in
accordance with paragraph (a)
- The
nomination, which shall be in writing and
signed on behalf of the community
organization by a person duly authorized,
shall be lodged with the secretary at
least fourteen days before the annual
general meeting at which the election is
to take place.
- A list of the
candidates' names for the position in
alphabetical order, with the proposers'
and the community organizations names,
shall be posted in a conspicuous place in
the office or usual place of meeting of
the association at least seven days
immediately preceding the annual general
meeting.
- Balloting
lists shall be prepared containing the
names of the candidates and the
organization which they represent for the
position on the board in alphabetical
order, and each member entitled to vote
and present at the annual general meeting
shall be provided with a copy of the
prepared lists.
- Any member of the
board may resign from membership of the board at
any time by giving notice in writing to the
secretary and such resignation shall take effect
at the time such notice is received by the
secretary unless a later date is specified in the
notice when it shall take effect on that later
date or such member may be removed from office at
a general meeting of the association where such
member shall be given the opportunity to fully
present his or her case. The question of removal
shall be determined by the vote of the ordinary
members present at such a general meeting.
- VACANCIES ON THE BOARD
- Any member of the
board may be removed from office by a decision of
the majority of board members if the member
concerned has not attended any duly convened
board meetings during a three month period and
the board has not received and accepted apologies
for each and every meeting so convened.
- The board shall have
power at any time to appoint any member of the
association to fill any casual vacancy on the
board until the next annual general meeting.
- In the case of a
vacancy of a position on the board to be held by
an ordinary member, the appointee must be an
ordinary member. In the case of a vacancy of a
position on the board to be held by a nominee of
a community organization member, the appointee
must be a nominee of such an organization.
- The continuing
members of the board may act notwithstanding any
casual vacancy on the board, but if and so long
as their number is reduced below the number fixed
as the necessary quorum of the board, the
continuing member or members may act for the
purpose of increasing the number of members of
the board to that number or of summoning a
general meeting of the association, but for no
other purpose.
- FUNCTIONS OF THE BOARD
- Except as otherwise
provided by these rules and subject to
resolutions of the members of the association
carried at any general meeting the board:-
- Shall have
the general control and management of the
administration of the affairs, property
and funds of the association; and
- Shall have
authority to interpret the meaning of
these rules and any matter relating to
the association on which these rules are
silent.
- The board may
exercise all the powers of the association.
- to borrow or
raise or secure the payment of money in
such manner as the members of the
association may think fit and secure the
same or the payment or performance of any
debt, liability, contract, guarantee or
other engagement incurred or to be
entered into by the association in any
way and in particular by the issue of
debentures, perpetual or otherwise,
charged upon all or any of the
association's property, both present and
future, and to purchase, redeem or pay
off any such securities;
- to borrow
money from members at a rate of interest
not exceeding interest at the rate for
the time being charged by bankers for
overdrawn accounts on money lent, whether
the term of the loan be short or long,
and to mortgage or charge its property or
any part thereof and to issue debentures
and other securities, whether outright or
as security for any debt, liability or
obligation of the association, and to
provide and pay off any such securities;
and
- to invest in
such manner as the members of the
association may from time to time
determine.
- MEETINGS OF BOARD
- The board shall meet
at least once every calender month to exercise
its functions.
- Community
members shall be at liberty to nominate a
substitute to attend board meetings if
the nominated representative who usually
attends is unable to do so.
- A special meeting of
the board shall be convened by the secretary on
the requisition in writing signed by not less
than one-third of the members of the board, which
requisition shall clearly state the reasons why
such special meeting is being convened and the
nature of the business to be transacted thereat.
- At every meeting of
the board a simple majority of a number equal to
the number of members elected and/or appointed to
the board as at the close of the last general
meeting of the members shall constitute a quorum.
- Subject as previously
provided in this rule, the board may meet
together and regulate its proceedings as it
thinks fit PROVIDED THAT questions arising
at any meeting of the board shall be decided by a
majority of votes and, in the case of equality of
votes, the question shall be deemed to be decided
in the negative.
- A member of the board
shall not vote in respect of any contract or
proposed contract with the association in which
such member is interested, or any matter arising
thereout, and if he or she does so vote his or
her vote shall not be counted.
- Not less than two
days notice shall be given by the secretary to
members of the board of any special meeting of
the board. Such notice shall clearly state the
nature of the business to be discussed thereat.
- The president shall
preside as chairman at every meeting of the
board, or if there is no president, or if at any
meeting the president is not present within ten
minutes after the time appointed for holding the
meeting, the vice-president shall be chairman or
if the vice-president is not present at the
meeting then the members may choose one of their
number to be chairman of the meeting.
- If within half an
hour from the time appointed for the commencement
of a board meeting a quorum is not present, the
meeting, if convened upon the requisition of
members of the board, shall lapse.. In any other
case it shall stand adjourned to the same day in
the next week at the same time and place, or to
such other day and at such other time and place
as the board may determine, and if at the
adjourned meeting a quorum is not present within
half an hour from the time appointed for the
meeting, the meeting shall lapse.
- COMMITTEES
- The board may
delegate any of its powers to a committee
consisting of such members of the association as
the board thinks fit. Any committee so formed
shall in the exercise of the powers so delegated
conform to any regulations that may be imposed on
it by the board.
- A committee may elect
a chairman of its meetings. If no such chairman
is elected, or if at any meeting the chairman is
not present within ten minutes after the time
appointed for holding the meeting, the members
present may choose one of their number to be
chairman of the meeting.
- A committee may meet
and adjourn as it thinks proper. Questions
arising at any meeting shall be determined by a
majority of votes of the members present and, in
the case of an equality of votes, the question
shall be deemed to be decided in the negative.
- BOARD/COMMITTEE MEMBERSHIP
- All acts done by any
meeting of the board or of a committee or by any
person acting as a member of the board shall,
notwithstanding that it is afterwards discovered
that there be some defect in the appointment of
any such member of the board, committee or person
acting as aforesaid, or that the members of the
board or any of them were disqualified, be as
valid as if every such person had been duly
appointed and was qualified to be a member of the
board or of a committee as the case may be.
- RESOLUTIONS
- A resolution in
writing signed by all the members of the board
for the time being entitled to receive notice of
a meeting of the board shall be a valid and
effectual as if it had been passed at a meeting
of the board duly convened and held. Any such
resolution may consist of several documents in
like form, each signed by one or more members of
the board.
- ANNUAL GENERAL MEETINGS
- The annual general
meeting shall be held within three months of the
close of the financial year.
- The business to be transacted
at every annual general meeting shall be
- the receiving of the
boards report and the statement of income and
expenditure, assets and liabilities and
mortgages, charges and securities affecting the
property of the association for the preceding
financial year.
- the receiving of the
auditor's report upon the books and accounts for
the preceding financial year.
- the election of
members as members of the board; and
- the appointment of an
auditor
- GENERAL MEETINGS
- The secretary shall
convene a special general meeting:
- when directed
to do so by the board; or
- on the
requisition in writing signed by not less
than one-third of the members presently
on the board or not less than the number
of ordinary members of the association
which equals double the number of members
presently on the board plus one or upon
written request from a member whose
membership has been terminated. Such
requisition shall clearly state the
reasons why such special general meeting
is being convened and the nature of the
business to be transacted thereat.
- At any general meeting the
number of ordinary members required to constitute a
quorum shall be double the number of members presently on
the board plus one.
- No business shall be
transacted at any general meeting unless a quorum
of ordinary members is present at the time when
the meeting proceeds to business.
- If within half an
hour from the time appointed for the commencement
of a general meeting a quorum is not present, the
meeting, if convened upon the requisition of
members of the board or the association, shall
lapse. In any other case it shall stand adjourned
to the same day in the next week at the same time
and place, or to such other day and at such other
time and place as the board may determine, and if
at the adjourned meeting a quorum is not present
within half an hour from the time appointed for
the meeting, the ordinary members present shall
be a quorum.
- The chairman may,
with the consent of any meeting at which a quorum
is present (and shall if so directed by the
meeting) adjourn the meeting from time to time
and from place to place, but no business shall be
transacted at any adjourned meeting other than
the business left unfinished at the meeting from
which the adjournment took place. When a meeting
is adjourned for thirty days or more, notice of
the adjourned meeting shall be given as in the
case of an original meeting. Save as aforesaid it
shall not be necessary to give any notice of an
adjournment or of the business to be transacted
at an adjourned meeting.
- NOTIFICATION OF GENERAL
MEETING
- The secretary shall
convene all general meetings of the association
by giving not less than fourteen days notice of
any such meeting to members of the association
authorized to vote.
- The manner by which
such notice shall be given shall be determined by
the board. Notice of a general meeting shall
clearly state the nature of the business to be
discussed thereat.
- GENERAL MEETING PROCEDURE
- Unless otherwise
provided by these rules, at every general
meeting:
- The president shall
preside as chairman, or if there is no president,
or if the president is not present within fifteen
minutes after the time appointed for the holding
of the meeting or is unwilling to act, the
vice-president shall be the chairman or if the
vice-president is not present or is unwilling to
act then the members present shall elect one of
their number to be chairman of the meeting.
- The chairman shall
maintain order and conduct the meeting in a
proper and orderly manner.
- Every question,
matter or resolution shall be decided by a
majority of votes of the authorised members
present.
- Every authorised
member present shall be entitled to one vote and
in the case of an equality of votes the chairman
shall have a second or casting vote PROVIDED
THAT no member shall be entitled to vote at
any general meeting if such members annual
subscription is more than one month in arrears at
the date of the meeting.
- Voting shall be by
show of hands or a division of members unless not
less than one-fifth of the authorised members
present demand a ballot, in which event there
shall be a secret ballot. The chairman shall
appoint two members to conduct the secret ballot
in such manner as the chairman shall determine
and the result of the ballot as declared by the
chairman shall be deemed to be the resolution of
the meeting at which the ballot was demanded.
- The secretary shall
cause full and accurate minutes of all questions,
matters, resolutions and other proceedings of
every board meeting and general meeting to be
entered in a book to be open for inspection at
all reasonable times by any financial member who
previously applies to the secretary for that
inspection. For the purposes of ensuring the
accuracy of the recording of such minutes, the
minutes of every board meeting shall be signed by
the chairman of that meeting or the chairman of
the next succeeding board meeting verifying their
accuracy. Similarly, the minutes of every general
meeting shall be signed by the chairman of that
meeting or the chairman of the next succeeding
general meeting PROVIDED THAT the minutes
of any annual general meeting shall be signed by
the chairman of that meeting or the chairman of
the next succeeding general meeting or annual
general meeting.
- BY-LAWS
- The board may from
time to time make, amend or repeal by-laws, not
inconsistent with these rules, for the internal
management of the association and any by-law may
be set aside by a general meeting of members.
- ALTERATION OF RULES
- Subject to the
provisions of the Associations Incorporation Act
these rules may be amended, rescinded or added to
from time to time by a special resolution carried
at any general meeting PROVIDED THAT no
such amendment, rescission or addition shall be
valid unless the same shall have been previously
submitted to and approved by the
Director-General, Department of Consumer Affairs,
Brisbane.
- COMMON SEAL
- The board shall
provide for a common seal and for its safe
custody. The common seal shall only be used by
the authority of the board and every instrument
to which the seal is affixed shall be signed by a
member of the board and shall be countersigned by
the secretary or by a second member of the board
or by some other person appointed by the board
for the purpose.
- FUNDS AND ACCOUNTS
- The funds of the
association shall be banked in the name of the
association in such bank as the board may from
time to time direct.
- Proper books and
accounts shall be kept and maintained either in
written or printed form in the English language
showing correctly the financial affairs of the
association and the particulars usually shown in
books of a like nature.
- All moneys shall be
banked as soon as practicable after receipt
thereof
- All amounts of Two
Hundred Dollars ($200.00) or over shall be paid
by cheque signed by any two of the president,
secretary, treasurer or other member authorized
from time to time by the board.
- Cheques shall be
crossed "Not Negotiable" except those
in payment of wages, allowances or petty cash
recoupment which may be open.
- The board shall
determine the amount of petty cash which shall be
kept on the imprest system.
- All expenditure shall
be approved or ratified at a board meeting
- As soon a practicable
after the end of each financial year the
treasurer shall cause to be prepared a statement
containing particulars of:
- the income
and expenditure for the financial year
just ended; and
- the assets
and liabilities and of all mortgages,
charges and securities affecting the
property of the association at the close
of that year.
- All such statement
shall be examined by the auditor who shall
present his report upon such audit to the
secretary prior to the holding of the annual
general meeting next following the financial year
in respect of which audit was made.
- The income and
property of the association whencesoever derived
shall be used and applied solely in promotion of
its objects and in the exercise of its powers as
set out herein and no portion thereof shall be
distributed, paid or transferred directly or
indirectly by way of dividend, bonus or PROVIDED
THAT otherwise by way of profit to or amongst
the members of the association nothing herein
contained shall prevent the payment in good faith
of interest to any such member in respect of
moneys advanced by such member to the association
or otherwise owing by the association to such
member to the remuneration to any officers or
servants of the association or to any member of
the association or other person in return for any
services actually rendered to the association PROVIDED
FURTHER that nothing herein contained shall
be construed so as to prevent the payment or
repayment to any member of out of pocket
expenses, money lent, reasonable and proper
charges for goods hired by the association, or
reasonable and proper rent for premises demised
or let to the association.
- DOCUMENTS
- The board shall
provide for the safe custody of books, documents,
instruments of title and securities of the
association.
- FINANCIAL YEAR
- The financial year of
the association shall close on the thirtieth day
of June in each year.
- DISTRIBUTION OF SURPLUS
ASSETS
- If the association
shall be wound up in accordance with the
provisions of the Associations Incorporation Act
1981, and there remains, after satisfaction of
all its debts and liabilities, any property
whatsoever, the same shall not be paid to or
distributed among the members of the association,
but shall be given or transferred to some other
institution or institutions having objects
similar to the objects of the association, and
which shall prohibit the distribution of its or
their income and property among its or their
members to an extent at least as great as is
imposed on the association under or by virtue of
rule 27 (10) such institution or institutions to
be determined by the members of the association.
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