Part 1: PRELIMINARY |
1 |
Name |
1.1 |
The name of the association is
AUSTRALIAN COUNCIL OF UNIVERSITY ART AND DESIGN SCHOOLS INCORPORATED
(referred to in this document as ACUADS or the Council). |
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2 |
Interpretation |
2.1 |
The Associations
Incorporation Act 1991 shall be known as the Act. |
2.2 |
This document shall be known
as the Rules. |
2.3 |
The term members shall refer
to full members and affiliate members as defined in these Rules. |
2.4 |
The committee of the association
shall be known as the Executive. |
2.5 |
A "special resolution" means
a resolution which:
(a) |
is passed at
a general meeting of the Council 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; and |
(b) |
is passed by at least three-quarters
of those members of the Council who, being entitled to
vote, vote at the meeting. |
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3 |
Objects of ACUADS |
3.1 |
To provide leadership in professional
education, research and community service in art and design in
Australian universities. |
3.2 |
To promote quality professional
education of artists, crafts people and designers. |
3.3 |
To identify, develop and foster
research in art, craft and design education on an international,
national and regional basis. |
3.4 |
To identify, develop and foster
community service in art, craft and design education on an international,
national and regional basis. |
3.5 |
To develop policy and advocate
on the behalf of art, craft and design in Australian universities. |
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4 |
Income and Property |
4.1 |
The income and property of the
Council, however derived, shall be applied solely towards the
promotion of the objects of the Council and no portion thereof
shall be paid or transferred, directly or indirectly, by dividend,
bonus, or otherwise, to any member of the Council. |
4.2 |
This does not prevent the payment
in good faith to a member or employee of the Council of:
(a) |
remuneration
in return for services actually rendered to the front by
the member or employee for goods supplied to the Council
by the member of employee in the ordinary course of business; |
(b) |
interest at current bank
overdraft rate on money lent; or |
(c) |
a reasonable and proper
sum by way of rent for premises let to the Council by the
member or employee. |
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Part 2: MEMBERSHIP |
5 |
Membership |
5.1 |
Full membership is open to those
persons who are the senior executive staff member(s) responsible
for academic unit(s) conducting visual arts, craft and design
accredited undergraduate and graduate degree programs in Australian
Universities and other tertiary education institutions and who
have paid the prescribed subscription fee. |
5.2 |
Membership, designated staff
or their nominees is a matter for each university to determine. |
5.3 |
Non-voting Affiliate Membership
is available to persons in other Australian and overseas institutions
and organisations with similar aims and objectives who have
been nominated by Full Members and have paid the prescribed subscription
fee. |
5.4 |
The Council encourages the entire
collegiate of art, craft and design staff to actively participate
in the full range of its activities. |
5.5 |
The executive shall cause to
be maintained a Register of Members of the Council which records:
(a) |
the name and
current address of each member; and |
(b) |
their date of admission
to, and termination of, membership. |
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5.6 |
The Register of Members
shall be available for inspection by members at reasonable times
at a place in the Australian Capital Territory nominated by the
Executive. |
5.7 |
The liability of members is limited. |
5.8 |
A member shall not be liable
to contribute towards payment of the debts and liabilities of
the Council or the costs, charges and expenses of its winding
up. |
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6 |
Cessation of Membership |
6.1 |
A person ceases to be a member of the Council
if:
(a) |
the person resigns from membership
of the Council. |
(b) |
the person ceases to be the executive staff
member who is directly responsible for the professional
education of artists, crafts people and designers. |
(c) |
the institution or organisation the person
represents withdraws form ACUADS. |
(d) |
the annual subscription fee payable by
the member remains unpaid six (6) months after it is due
for payment. |
(e) |
the person becomes of unsound mind or their
estate is liable to be dealt with under any law relating
to mental health. |
(f) |
the person is expelled by the Council. |
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6.2 |
Any member desiring to resign
from the Council shall give one (1) month notice to that effect
to the Secretary. |
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7 |
Discipline |
7.1 |
The Executive may discipline
a member if, in the opinion of the Executive, a member:
(a) |
has refused
or neglected to comply with the provisions of the Rules
or any by-law made hereunder. |
(b) |
has been guilty of conduct
unbecoming to a member or prejudicial to the interests
of the Council. |
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7.2 |
If the Executive considers that
action to discipline a member may be necessary, the Executive
must serve notice in writing as soon as practicable on the member:
(a) |
setting out
the resolution and the grounds on which the action to discipline
is based; |
(b) |
stating that the member
may address a meeting to be held no sooner than 7 days
and no later than 60 days of notice being served; |
(c) |
stating the time, date
and venue of such meeting; and |
(d) |
stating that the member
may attend and speak at the meeting and/or submit prior
to that meeting written representations relating to the
resolution. |
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7.3 |
At the Executive meeting convened
for this purpose, the member whose discipline is being considered
shall have a personal right of audience but shall not be entitled
to vote. |
7.4 |
If at the meeting the majority
of the Executive is in favour of disciplinary action the Executive
will decide on the form of disciplinary action; this may be of
a written apology, fine, suspension from membership for a specified
period, or expulsion from membership. |
7.5 |
If the Executive decide in favour
of disciplinary action, then whatever action they decide takes
effect immediately. In the case of expulsion the expelled member
ceases to be a member of the Council immediately and a notice
is to be served on the member as soon as practicable. |
7.6 |
If a member wishes to appeal
the disciplinary action decided by the Executive then they may
do so by lodging a notice to that effect with the Secretary
within 14 days after receiving notice of the resolution to discipline
the member. A decision will be made at the next meeting of the
members. Until that time the member will be suspended from all
rights and privileges available to a member of ACUADS. |
7.7 |
In the event that a member has
appealed the disciplinary action of the Executive and has placed
that item on the agenda, 75% of voting members present must,
by a show of hands, be in favour of terminating the disciplinary
action before the disciplinary action can be withdrawn. |
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Part 3: THE EXECUTIVE |
8 |
The Executive |
8.1 |
The Executive of the Council
shall comprise eight (8) Full Members:
Chair
Deputy Chair
Secretary
Treasurer
Immediate Past Chair
3 Ordinary Executive Members |
8.2 |
No person shall be elected or
appointed to the Executive unless that person is a Full Member
of the Council. |
8.3 |
The election of persons (other
than the Immediate Past Chair) to the Executive shall take place
at the annual general meeting of the Council. |
8.4 |
The convenor of the annual conference will be co-opted to the Executive for one year, should they not be a member. |
8.5 |
The co-opting of the conference convenor shall take place at the annual general meeting of the Council. |
8.6 |
Upon election to the Executive
at the annual general meeting, that person will remain a member
for two (2) years. Retiring members of the Executive
shall be eligible for re-election at the next annual general
meeting. |
8.7 |
Following the annual general meeting, the Executive shall immediately convene and elect Office Bearers to any vacant position. Upon election that person will remain an office bearer for the balance of their term – up to two (2) years. |
8.8 |
If any member of the Executive
should at any time resign from their office or die or cease to
be a Full Member (according to these Rules) then the remaining
Executive members shall forthwith appoint another ACUADS member
to such office. Any person so appointed shall hold office only
until the next annual general meeting and shall then be eligible
for re-election. |
8.9 |
A member of the Executive shall
be deemed to have vacated their office if he or she:
(a) |
ceases to be
a member of the Council as stated in these Rules. |
(b) |
resigns office by notice
in writing to the Executive. |
(c) |
is absent without the permission
of the Executive from two consecutive Executive meetings. |
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9 |
Election of the Executive |
9.1 |
The Executive shall appoint a
returning officer to conduct elections at each annual general
meeting for any vacancies on the Executive. The returning officer may be a current member of
the Executive or any other suitable person. |
9.2 |
The returning officer shall circulate
the nomination form to all Full Members no less than seven (7)
days before the annual general meeting. |
9.3 |
Nomination forms must be returned to the returning officer before the commencement of the annual general meeting. |
9.4 |
The names of the nominees shall be stated to the members at the beginning of the annual general meeting. |
9.5 |
If the number of nominations received is equal to the number of vacancies to be filled, the nominees shall be taken to be elected. |
9.6 |
If insufficient nominations are received to fill all vacancies on the Executive, the candidates already nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting. |
9.7 |
If insufficient further nominations are received, the candidates nominated shall be taken to be elected and the vacant positions remaining on the Executive shall be deemed to be vacancies. |
9.8 |
If there are vacancies, the remaining Executive members shall forthwith appoint another ACUADS member to such office. Any person so appointed shall hold office until the next annual general meeting and shall then be eligible for re-election. |
9.9 |
The ballot for the election of Executive members shall be conducted at the annual general meeting in such manner as the returning officer shall direct. |
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10 |
Powers and Duties of the Executive |
10.1 |
The business of the Council shall
be managed by and vested in the Executive which may exercise
all powers of the Council except for those which are solely to
the annual general meeting. |
10.2 |
The Executive shall engage all
other officers and servants as it may consider necessary and
shall regulate their duties and fix their salaries. |
10.3 |
The Executive may delegate any
of its powers except the power to make by-laws to subcommittees
consisting of at least one Executive member and other such persons
as it may determine upon such conditions as the Executive may
see fit and may fix a quorum of any such subcommittee. |
10.4 |
When submissions or representations
to external authorities are to be made by ACUADS, the Executive
may nominate small panels to represent it. Panellists may be
drawn from the membership of the Executive and/or from selected
principal executive academic officers from member universities. |
10.5 |
The Executive shall determine
the time and venue of all meetings including annual general meetings. |
10.6 |
Chair
The Chair's duties include:
(a) |
presiding over
Council meetings |
(b) |
liaising with the Executive
in preparation of the agenda for Council meetings |
(c) |
overseeing the business
of the Council |
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10.7 |
Deputy Chair
The duties of the Deputy Chair include:
(a) |
assisting the
Chair to oversee the business of the Council |
(b) |
acting for the Chair in
the Chair's absence |
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10.8 |
Secretary
The duties of the Secretary include:
(a) |
causing minutes
to be made and kept of all proceedings and participants
of Council meetings |
(b) |
causing records to made
of all servants and officers engaged by the Council |
(c) |
other matters as may be
required by statute or these Rules |
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10.9 |
Treasurer
The duties of the Treasurer include:
(a) |
collecting
and receiving all monies due to the Council and making
all payments authorised by the Executive |
(b) |
causing correct books and
accounts to be made and kept showing the financial affairs
of the Council |
(c) |
causing an annual audit
to take place as set out in these Rules and providing the
auditor with all information they may need to carry out
the audit |
(d) |
responsiblility for the
proper running of financial affairs of the Council |
(e) |
preparing accounts suitable
for presentation at the annual general meeting |
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10.10 |
A member of the Executive may
appoint such person as is approved by the Executive on a casual
basis to be an alternate or substitute member of the Executive
in his or her place during such period as is approved by it. |
10.11 |
Any person, while they hold office
as an alternative or substitute member of the Executive, shall
be entitled to notices of the meetings of the Executive and to
attend and vote thereat and to exercise all the powers of the
appointer in his or her place. |
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11 |
Disclosure of Interest in Contracts |
11.1 |
Where a member of the Executive
has any direct or indirect pecuniary interest in a contract or
proposed contract to which the Council is or may be a party,
the member shall:
(a) |
as soon as
the interest becomes apparent to her or him - disclose
the nature and extent of the interest to the Executive;
and |
(b) |
disclose the nature and
extent of the interest at the next general meeting of the
Council. |
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11.2 |
A member of the Executive who
has an interest in a contract or proposed contract shall not
take part in making any decision with respect to the contract
or proposed contract. At the request of any member present, the
person so interested shall leave the meeting during the discussion
of the contract or proposed contract. |
11.3 |
Article 11.1 does not apply in
relation to a member of the Executive in respect of an interest
in a contract or proposed contract that arises only because the
member is an employee of the Council. |
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Part 4: MEETINGS |
12 |
Meetings of the Executive |
12.1 |
The Executive shall meet no less
than two (2) times a year, excluding the annual general meeting
at such times and places as may be determined by it and in the
absence of any such determination at such times and places as
notified by the Secretary on the instructions of the Chair or
on requisition of a member of the Executive. |
12.2 |
Not less than fourteen (14) days
notice shall be given to every member of the Executive of any
meeting thereof specifying a date, time, venue and general nature
of the business of such meeting. Where the Chair of the Executive
considers that an emergency exists he/she may take such steps
as he/she considers necessary to notify members of the Executive
of the proposed meeting notwithstanding that fourteen days notice
shall not have been given. |
12.3 |
At every meeting of the Executive
the Chair shall preside as Chair unless he/she is unwilling to
act or is absent in which case the Deputy Chair shall preside.
If such Deputy Chair is unwilling to act or is absent then after
15 minutes have elapsed after the time appointed for the meeting
the members of the Executive present, provided they constitute
a quorum, may elect one of their number as a Chair of the meeting. |
12.4 |
All acts done by any meeting
of the Executive or by any person acting as a member thereof
shall notwithstanding that it be afterwards discovered there
was some defect in the appointment of any such members of the
Executive or person acting aforesaid or that they or any of them
where disqualified shall be as valid as if every such person
had been duly and was qualified to be a member of the Executive. |
12.5 |
Resolutions shall be carried
by the Executive by a vote of a show of hands. Every member of
the Executive shall have one vote except the Chair of the meeting
who in the event of an equality of votes shall in addition be
entitled to a casting vote. |
12.6 |
A resolution in writing signed
by all the members of the Executive shall be as valid and effectual
as if it had been passed at a meeting of the Executive duly convened
and held any such resolution may consist of several documents
in like form each signed by one or more members of the Executive. |
12.7 |
The Secretary shall cause full
minutes of every meeting of ACUADS Executive and Council to be
made which shall be signed by the Chair of the meeting at which
the proceedings were held or by the Chair of the next succeeding
meeting. |
12.8 |
Three (3) members of the Executive
shall constitute a quorum for a meeting thereof. |
12.9 |
A meeting of the Executive may
be held by telephone conference. |
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13 |
Annual General Meeting |
13.1 |
The Executive shall convene an
annual general meeting of ACUADS members at least once in each
calendar year and no later than 5 months after the end of the
financial year. |
13.2 |
ACUADS shall hold its first annual
general meeting within 18 months of its incorporation under the
Act and within the period of 5 months after the expiration of
the first financial year. |
13.3 |
In addition to any other business
which may be transacted at the annual general meeting, the business
shall be:
(a) |
to confirm
the minutes of the last annual general meeting; |
(b) |
to receive reports on the
activities of the Council including those reports required
to be submitted to members in accordance with section 73(1)
of the Act; |
(c) |
to elect incoming members
of the Executive; |
(d) |
to receive and consider
the statement of accounts of the Council. |
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13.4 |
Members must be given 21 days
notice of the annual general meeting stating the place, time
and venue of the annual general meeting. |
13.5 |
For the purpose of securing the
widest participation of activities of the Council and carrying
out its aims the Executive may from any time by resolution invite
representatives of any association, organisation, department
of government either federal or state or municipal or any group
to attend a general meeting. Any such representative so invited
shall have the right to attend thereat but shall not be entitled
to vote. |
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14 |
Extraordinary General Meetings |
14.1 |
The Executive may decide by resolution
of no less than 3 members of the Executive to call an extraordinary
general meeting of members. |
14.2 |
The Executive shall, on the requisition
in writing of not fewer than 8 Full Members, convene an extraordinary
general meeting of the Council. |
14.3 |
A requisition by Full 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 1 or more of
the members making the requisition. |
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14.4 |
The Executive shall convene the
extraordinary general meeting within 28 days after the resolution
or 60 days after receipt of a requisition. |
14.5 |
No business shall be transacted
at any extraordinary general meeting unless a quorum of members
is present at the time when the meeting proceeds to business.
Subject to this article 8 members of the Council at the time
of the meeting is held in person or duly appointed representative
and entitled to vote shall constitute a quorum. |
14.6 |
If within 30 minutes from the
time appointed for the meeting a quorum is not present, the meeting
if convened upon the requisition of members shall be dissolved.
In any other case it shall stand adjourned until the same day
in the next week at the same time and place or to such other
day and such other time as the Executive may determine and if
at the adjourned meeting a quorum is not present within 30 minutes
of the time appointed for the meeting the members present shall
constitute a quorum. |
14.6 |
The Chair shall preside at every
extraordinary general meeting or in the event of his or her absence
or if there is no Chair or if he or she is not present within
15 minutes of the time appointed for holding the meeting or is
unwilling to act the members present shall elect one of their
number to chair the meeting. |
14.7 |
The chair of the meeting may,
with the consent of any meeting at which quorum is present and
shall if so be 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 business left
unfinished at the meeting from which the adjourned took place.
When a meeting is adjourned for 28 days or more notice of the
adjourned meeting shall be given as in the case of an original
meeting but except for notice in that case it shall not be necessary
to give any notice of adjournment or of the business to be transacted
at an adjourned meeting. |
14.8 |
In the case of an equality of
votes the chair of the meeting at which the show of hands takes
place, shall be entitled to a second or casting vote. |
14.9 |
At any extraordinary general
meeting each Full Member shall have one vote in person, by proxy
or by attorney and on a show of hands every member present shall
have one vote. |
14.10 |
The instrument appointing proxy
shall be in writing or in the common or usual form under the
hand of the appointer or his/her attorney duly authorised. The
instrument appointing the proxy shall be deemed to confer authority
to demand or join in demanding a poll. |
14.11 |
The instrument appointing a proxy
or attorney shall be deposited with the Secretary not less than
15 minutes before the time for holding the extraordinary general
meeting or adjourned extraordinary general meeting at which the
person named in the instrument proposes to vote or in the case
of the poll not less than 15 minutes before the time appointed
for taking the poll and in default of a proxy shall be not treated
as valid. |
14.12 |
A vote given in accordance with
the terms of an instrument of proxy or attorney shall be valid
notwithstanding the previous death or unsoundness of mind of
the principal or revocation of the instrument or of the authority
under which the instrument was executed if no intimation in writing
of such death, unsoundness of mind or revocation of the instrument
or of the authority under which the instrument was executed has
been received by the attorney / proxy holder / Secretary before
the commencement of the extraordinary general meeting at which
the instrument is used. |
14.13 |
For the purpose of securing the
widest participation of activities of the Council and carrying
out its objects the Executive may from any time by resolution
invite representatives of any association / organisation / department
of government either federal or state or municipal or any group
to attend a general meeting. Any such representative so invited
shall have the right to attend thereat but shall not be entitled
to vote. |
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Part 5: FINANCIAL
MANAGEMENT |
15 |
Funds Management |
15.1 |
As far as the law will permit
and subject to these Rules the funds of the Council shall be
derived from subscriptions, donations, grants and such sources
as the Council may determine. |
15.2 |
Subject to any resolution passed
by the annual general meeting, the funds of the Council will
be used in pursuance of the Objects of ACUADS. |
15.3 |
All cheques, drafts, bills of
exchange, promissory notes and other negotiable instruments can
be signed by any member of the Executive. |
15.4 |
The Executive may lend with or
without interest or invest moneys and funds of the Council as
may not be immediately needed in such securities or investments
and upon such terms and conditions that the Council may determine. |
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16 |
Annual Subscription Fees |
16.1 |
Annual subscription fees payable
by Full Members, affiliate members and affiliated organisations
shall be fixed from time to time by resolution at the annual
general meeting. Any resolution to alter the subscription need
be an ordinary resolution by standard notice. |
16.2 |
The annual subscription fee for
Full Members upon incorporation, and until varied in accordance
with this article, is AUS$400 per member per year. |
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17 |
Financial Year |
17.1 |
The financial year of the Council
shall end on June 30 in each year. |
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18 |
Custody of Books |
18.1 |
Proper books of accounts shall
be kept by the Treasurer with respect to:
(a) |
all sums of
money received and expended by the Council and the manner
in respect of which the receipt and expenditure takes place; |
(b) |
all sales and purchases
of real and personal property by the Council; |
(c) |
the assets and liabilities
of the Council. |
|
18.2 |
Books of accounts will be available
for inspection by any member of the Council subject to any reasonable
restrictions as to time and manner of inspection. |
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19 |
Auditor |
19.1 |
The auditor of the Council shall
be a registered auditor and appointed by the Executive. The Auditor
will not be a member of the Council or a partner, employer or
employee of an officer of the Council or employee of an employee
of an officer of the Council. |
19.2 |
The accounts of the Council will
be examined by the Auditor at least once during a financial year. |
19.3 |
The Auditor will certify as to
the correctness of the accounts of the association and shall
report thereon to the members present at the Annual General Meeting.
In their report and in certifying the accounts, the Auditor shall
state:
(a) |
whether the
accounts are properly drawn up as to exhibit a correct
view of the financial position of the Council; |
(b) |
whether he or she has obtained
the information required by him or her to properly conduct
the audit; |
(c) |
whether the rules relating
to the funds of the Council have been observed. |
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19.4 |
The Auditor
(a) |
has a right
of access to accounts books record vouchers documents of
the Council; |
(b) |
may require from servants
and members of the Council information as may be necessary
for performing duties of Auditor; |
(c) |
may employ persons to assist
him/her drawing up accounts. |
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Part 6: MISCELLANEOUS |
20 |
Public Officer |
20.1 |
The Public Officer will be appointed by the Executive.
The Public Officer must reside in the ACT and can be any person
related to ACUADS business. |
20.2 |
The office of the Public Officer becomes vacant
if the person holding that office:
(a) |
is removed
as Public Officer by resolution of the Executive; |
(b) |
resigns from office by
notice in writing to the Executive; |
(c) |
dies; |
(d) |
becomes an insolvent
under administration within the meaning of the Corporations
Law; |
(e) |
suffers from a mental
or physical incapacity, which renders her or him incapable
of acting as Public Officer; |
(f) |
is convicted of an indictable offence
in relation to the promotion, formation or management
of a body corporate, or of an offence involving fraud
or dishonesty punishable by imprisonment for a period
of 3 months or more; or |
(g) |
ceases to be a resident
of the Territory. |
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21 |
By Laws |
21.1 |
The Executive shall have the
power from time to time to make by-laws not inconsistent with
the objects of ACUADS and these Rules which are in the opinion
of the Executive necessary and desirable for proper control,
administration and management of the Council, and to amend and
repeal from time to time such by-laws. |
21.2 |
Every by-law when in force shall
be binding on all its members. |
21.3 |
Not withstanding the foregoing
provisions of these articles a general meeting of the Council
may amend or repeal any by-law made by the Executive. |
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22 |
Common Seal |
22.1 |
The common seal of ACUADS shall
be kept in the custody of the Chair. |
22.2 |
The Common Seal will not be affixed
to any instrument except by the authority of the Executive and
the affixing of the common seal shall be attested by the signature
of any two members of the Executive or by any Full Member and
one member of the Executive. |
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23 |
Notices |
23.1 |
A notice may be given by the
Council to any member either personally or by sending it by post
to his or her registered address. Where a notice is sent by post
service the notice shall be deemed to be effective by properly
addressing, prepaying and posting a letter containing the notice
and to have been effective in the case of a notice of a meeting
on the day after its posting and in any other case at the time
at which the letter would be delivered in the ordinary course
of post. |
23.2 |
The notice of every general meeting
shall be given in any manner hereinbefore authorised to every
member. |
23.3 |
No other person shall be entitled
to receive a notice of an ACUADS meeting. |
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24 |
Winding Up |
24.1 |
The Council may be wound up by
a special resolution of the members attending and voting at a
duly authorised extraordinary general meeting. Any remaining
assets after the satisfaction of all liabilities shall be distributed,
in accordance with a resolution of Full Members, to incorporated
organisations which:
(a) |
are Australian
universities conducting visual arts, craft and design programs; |
(b) |
have rules prohibiting
the distribution of their assets among their members; and |
(c) |
are eligible for tax deductibility
of donations under subsections 78 (4) or (5) of the Income
Tax Assessment Act 1936. |
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25 |
Amendment of Rules |
25.1 |
The objects and these Rules may
be altered by special resolution at an extraordinary general
meeting. |
25.2 |
The proposed alterations shall
be included in the notice calling the extraordinary general meeting. |
25.3 |
The alterations shall take effect
when the required notice of alteration of rules is lodged with
the Registrar of Incorporated Associations, unless some later
date is specified in the special resolution adopting the alterations. |
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