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 CONSTITUTION

of the

Southern Tablelands Four Wheel Drive Club Incorporated

(as amended July 2008)

 _______________________________________________________________________________

Club Name
1. The name of the Association shall be Southern Tablelands Four Wheel Drive Club Incorporated (in these rules called 'the Club').

Interpretation
2.       (1)     In these rules, unless the contrary intention appears-

Act” means the Associations Incorporation Act 1991 (ACT) as amended from time to time;
Officer of the Club” means a person referred to in rule 23;
Regulations” means regulations made under the Act.

(2)     In these rules expressions referring to writing shall, unless the contrary intention appears, be construed as including reference to printing, lithography, photography and other modes of representing or reproducing words in a visible form.

(3)     Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Act.

Club's Office

3.     The Office of the Club shall be in the Australian Capital Territory.

Objects and Purposes of the Club

4.     The basic objects of the Club are:

(1)     To encourage and promote amongst its members and amongst the public generally:

a)    the sport of recreational four wheel driving in all types of terrain, and conditions;

b)    the development of four wheel driving skills and techniques;

c)    the responsible use of four wheel drive vehicles;

d)    a responsible attitude towards the conservation and enjoyment of the natural environment; and

e)    the acquisition and improvement of four wheel driving training skills.

(2)    To improve the four wheel driving abilities of members and others and to encourage them to participate in four wheel driving activities.

(3)    To provide equipment and facilities for the club members in relation to the activities of the club.

(4)    To promote, organise, coordinate and conduct, either alone or jointly with any other persons, organisations, or clubs, four wheel drive training courses, four wheel driving events, meetings and conferences.

(5)    To afford a means of recording the four wheel driving experiences of members and others and to publish and promote information on matters of interest in relation to four wheel driving to members, and to distribute the same for payment or gratuitously.

5        (1)    In addition to the basic objects and purposes of the Club the objects and purposes include

a)    The purchase, taking on lease or in exchange, and the hiring or otherwise acquiring of any real or personal property that is necessary or convenient for any of the objects or purposes of the Club,

b)    The buying, selling, and supplying of, and dealing in, goods of all kinds as necessary or convenient for any of the objects or purposes of the Club,

c)    The construction, maintenance, and alteration of building or works necessary or convenient for any of the objects or purposes of the Club,

d)    The accepting of any gift, whether subject to a special trust or not, for any one or more of the objects or purposes of the Club,

e)    Subject to section 114 of the Act, the taking of such steps from time to time as the committee or the members in general meeting may deem reasonably expedient for the purpose of procuring contributions to the funds of the Club, whether by way of donations, subscriptions, or otherwise,

f)    The borrowing and raising of money for any of the purposes of the Club in such manner and on such terms as the committee may think fit or as may be approved or directed by resolution passed at a general meeting; and securing the repayment of money so raised or borrowed or the payment of a debt or liability of the Club by giving mortgages, charges or securities upon or over all or any of the real or personal property of the Club,

g)    Subject to the provision of the Trustee Act 1957, the investment of any moneys of the Club not immediately required for any of the objects or purposes of the Club in such manner as the committee may from time to time determine,

h)    The making of gifts, subscriptions, or donations to any of the funds, authorities, or institutions to which the paragraph 78(1)(a) of the Income Tax Assessment Act 1936 of the Commonwealth relates,

i)    The establishment or support or aiding in the establishment or support, of any other associations formed for any of the basic objects of the Club, and

j)    To do all such other lawful things as are conducive to promoting the foregoing objects and furthering the interests of the Club.

Membership of the Club
6.       (1)     Owner Member

a)    Owner membership of the Club may be open to any person interested in the furtherance of the objects of the Club, provided that he or she is of sufficient age to obtain a licence to drive in Australia and is an owner or part owner of a four wheel drive vehicle registered in Australia.

b)    A Part Owner is a person who

i) has a 10% or greater share in a four wheel drive vehicle; and

ii) regularly uses the four wheel drive vehicle.

c)    In the event of the disposal of an owner member's only four wheel drive vehicle, or of a part owner’s only share in a four wheel drive vehicle, the "owner member" shall revert immediately to "associate member" status.

(2)      Associate Member

Any person interested in the furtherance of the objects of the Club may be eligible for associate membership and entitled to vote at any general meeting but shall not be entitled to a vote at the annual general meeting or at any special general meeting. No person shall be admitted to associate membership unless he or she is of sufficient age to hold a licence to drive in Australia.

An associate member of the club shall not be entitled to sit on, or be nominated for, the committee of the club, but may however be nominated for, or appointed to any sub-committee formed under the direction of the committee.

(3)      Competition Member

Any person interested in the furtherance of the objects of the Club but wishing to join the club for the principal purpose of participating in 4WD competition events may join as a ‘Competition Member’.
A competition member shall not be entitled to a vote at the annual general meeting or at any special general meeting. No person shall be admitted to competition membership unless he or she is of sufficient age to hold a licence to drive in Australia.

A competition member of the club shall not be entitled to sit on, or be nominated for, the committee of the club, or be nominated for, or appointed to any sub-committee, except a competition subcommittee, formed under the direction of the committee, nor receive a club magazine nor have free access to the club property.

(4)      Family Member

Family membership is extended to those persons who are the spouse, partner or a dependent under the age of 21 years of an owner-member and are domiciled under the same roof. Any family member meeting the requirements of rule 6(2) shall have the full privileges of a member as specified in rule 6(2). The spouse, including any person in a recognised domestic relationship, of an owner-member has all the privileges of an owner-member provided he or she is of sufficient age to obtain a licence to drive in Australia.

Any family member, apart from the spouse of an owner-member, who meets the requirements of an owner-member as specified in rule 6(1) is extended the privileges of an associate member only, unless they become an owner member under rule 6(1).

(5)     Life Member

Life membership of the Club may be open to any owner member who has been a member of the Club continuously for at least 10 years and has in the opinion of the Club Committee, contributed significantly to the endeavours of the club. Further membership fees shall not be payable by a life member.

(6)    In subsequent clauses of this Constitution, the term "member" shall cover those classes of membership outlined in rule 6(1), 6(2), 6(3), 6(4) and 6(5).

(7)    Members of the Club, as defined in rules 6(1), 6(2), 6(3), 6(4) and 6(5), shall be those persons who have applied to join the Club and who have been approved for membership for the particular class of membership by the Club under such conditions as may be determined from time to time by the committee of the Club.

(8)    The Club reserves the right to refuse a person membership. Reasons may be given at a meeting of the committee and the applicant.

Membership Rights

(9)   Details of the rights of each of the categories of membership beyond that contained at rules 6(1), 6(2), 6(3), 6(4) and 6(5), shall be established by the Committee.

Membership Subscription Fees

(10)     Annual membership subscriptions shall be from 1 January in one year to 31 December in the same year.

The joining fee to the Club is in the bylaws as recommended by the committee and determined in accordance with sub-rules 6(11) and 6(12),

The annual membership fee to the Club is in the bylaws as recommended by the committee and determined in accordance with sub-rules 6(11) and 6(12),

The fee for making a late application for renewal of membership is in the bylaws as recommended by the committee and determined in accordance with sub-rules 6(11) and 6(12),

Late renewal is defined as any renewal received after the February general meeting.

(11)     The annual membership, late application and joining fees shall be reviewed by the committee and any motion to vary the level of a fee shall be decided by a 60% majority vote of the committee before any recommendation is made to the members at a subsequent general meeting

(12)     The level of any fee shall be decided by a 60% majority of members voting at a general meeting no later than the October of the year prior to the financial year for which the fee shall come into effect.

(13)     A member whose annual membership fee has not been received and receipted by the close of business on the tenth day before the Annual General Meeting shall be deemed not financial and their membership may be terminated by the Committee in accordance with the Club by-laws. Where the membership is terminated in these circumstances, the former member shall be liable for a new joining fee.

(14)     Applications for new membership received by the Membership Secretary after the close of business of the July General Meeting shall be granted a 50% reduction in the annual membership fee for the remainder of that Financial Year. There shall be no reduction in the joining fee in respect of "new member" applications.

(15)    A member of the Club is not liable to contribute towards the payment of the debts and liabilities of the Club or the costs, charges and expenses of a winding up of the Club.

Cessation of Membership

(16)     A person ceases to be a member of the Club if the person:

a)    dies or in the case of a body corporate is wound up,

b)    resigns from membership of the Club,

c)    is expelled from the Club, or

d)    fails to pay the annual membership fee and their membership is terminated by the committee.

Income and Property of the Club

7.       (1)     The income of the Club shall be derived from fees and annual subscriptions of members, donations and, subject to any resolution passed by the club in a meeting of the Club and subject to section 114 of the Act, such other sources as the committee determines.

(2)     The assets and income of the Club, however derived, shall be applied solely towards the objects and purposes of the Club, and no portion shall be paid or distributed directly or indirectly to the members of the Club, except as bona fide remuneration for services rendered or expenses incurred on behalf of the Club.

Accounts of Receipts, Expenditure etc.

8.       (1)    True accounts shall be kept of;

(a)    all sums of money received and expended by the Club and the matter in respect of which the receipt or expenditure takes place; and

(b)    the property, credits, and liabilities of the Club.

(2)    The Treasurer of the Club shall cause the faithful keeping of all general records, accounting books and records of receipts and expenditure connected with the operations and business of the Club in accordance with section 71 of the Act and in such form or manner as the committee may direct.

Banking and Finance

9.       (1)    All money received by the Club shall be deposited as soon as practicable and without deduction to the credit of the Club’s bank account.

(2)    The Treasurer of the Club shall, as soon as practicable after receiving any money on behalf of the Club, issue an appropriate receipt.

(3)    All cheques, drafts, bills of exchange, promissory notes, and other negotiable instruments shall be signed by any two officers of the Club provided that no payment shall be made except for payments made under budgeted expenditure that has been approved by the committee.

(4)    The bankers of the Club shall be decided by the committee.

(5)    The payment of fees does not entitle a member to any direct claim on, or ownership of, the assets of the Club.

(6)    The financial year of the Club shall be from 1 January to 31 December in the same year.

Auditor

10.     (1)    Subject to section 74 of the Act, at each Annual General Meeting of the Club, the members present shall appoint a person who is not a member or the Public Officer of the Club as the Auditor of the Club.

(2)    A person so appointed shall hold office until the Annual General Meeting next after that at which he/she is appointed and is eligible for re-appointment.

(3)    If an appointment is not made at an Annual General Meeting the committee shall appoint an Auditor of the Club for the then current financial year of the Club.

(4)    If a casual vacancy occurs in the office of Auditor during the course of the financial year of the Club, then, subject to section 74 of the Act, the committee may appoint a person as the Auditor and the person so appointed shall hold office until the next Annual General Meeting.

Preparation and Audit of Accounts

11.     (1)    The committee of the Club shall cause a statement of the Club’s financial accounts to be prepared in accordance with section 72 of the Act.

(2)    In accordance with section 74 of the Act, the statement of the Club’s financial accounts shall be audited.

(3)    The Auditor shall certify as to the correctness of the accounts of the Club and shall prepare a report to be presented by the committee at the Annual General Meeting.

Annual General Meeting

12.     (1)    The Club shall, in each year, hold an Annual General Meeting.

(2)    The Annual General Meeting shall be held in March each year on such day and at such time and place as the committee may determine.

(3)    The Annual General Meeting shall be in addition to any other general meeting that may be held in the same year.

(4)    The Annual General Meeting shall be specified as such in the notice convening it and must be notified in accordance with rule 15 at least 14 days before the date fixed for the holding of the meeting and be conducted in accordance with rules 16 to 21.

(5)     The ordinary business of the Annual General Meeting shall be -

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

(b)    to receive reports from the committee, on the activities of the Club 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 under subsection 73(1) of the Act;

(d)    to elect committee members;

(e)    to elect officers of the Club; and

(f)    to appoint the auditor and determine his or her remuneration.

Special General Meeting

13.     (1)    The committee may, whenever it thinks fit, convene a Special General Meeting of the Club and, subject to sub-rule (4) of this rule, on such day and at such time and place as the committee may determine.

(2)    The committee shall, on the request in writing of not less than ten members, convene a Special General Meeting of the Club.

(3)    A request for a Special General Meeting shall state the objects of the meeting and shall be signed by the members making the request and lodged with the Public Officer or Secretary of the Club.

(4)    A Special General Meeting must be convened within three calendar months from the date of lodgement of the request

(5)    A Special General Meeting must be notified in accordance with rule 15 at least 7 days before the date fixed for the holding of the meeting and be conducted in accordance with rules 16 to 21.

General Meeting

14.    A general meeting of the Club shall be held each month on such day and at such time and place as the committee may determine. A General Meeting must be notified in accordance with rule 15 at least 7 days before the date fixed for the holding of the meeting and be conducted in accordance with rules 16 to 21.

Notice of Meetings

15.    A meeting is notified in accordance with this rule if:

(1)    the Secretary causes to be sent by pre-paid post to each member at the member’s address appearing in the register of members, a notice (which may be included in the Club Magazine) specifying the place, date and time of the meeting, and the nature of the business proposed to be transacted at the meeting; or

(2)    the meeting is published in the Public Notices in a Saturday edition of the “Canberra Times”.
Procedure and Quorum at Meetings

16.     (1)     No item of business shall be transacted at any general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.

(2)   Ten members personally present (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of general meetings.

(3)    The Chairman of a meeting of the Club at which a quorum is present may, with the consent of the majority of the 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 business which was left unfinished at the meeting which was adjourned.

President to Preside at Meetings

17.     (1)    Subject to sub-rule (2) of this rule, the President, or in his or her absence, the Vice President shall preside as the chairman at every general meeting.

(2)    If the President and Vice President are absent from a general meeting, the members present shall elect one of their number to preside as chairman.

Determination of Questions Arising at Meetings

18.    A question arising at a general meeting shall be determined on a show of hands and unless, before or on the declaration of the result of the show of hands, a poll is demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried, or carried unanimously, or carried by a particular majority or lost, and an entry to that effect in the minute book at the Club is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

Votes

19.     (1)    Upon any question arising at a general meeting, a member has one vote only.

(2)    All votes shall be given in person.

(3)    In the case of equality of voting on a question the chairman of the meeting is entitled to exercise a second or casting vote.

(4)    To be eligible to vote at a general meeting, a person must have been a financial member of the Club for at least ten days before the date of the meeting, and belong to a membership category which carries an entitlement to vote as defined in rule 6 sub-rule (9).

Taking of Poll

20.     If at a general meeting a poll on any question is demanded it shall be taken at that meeting in such a manner as the chairman may direct, and the result of the poll shall be deemed to be the resolution of the meeting on that question.

When Poll to be taken

21.     A poll that is demanded on the election of a chairman or on a question of adjournment shall be taken forthwith, and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the chairman may direct.

Affairs of the Club

22.     (1)    The affairs of the Club shall be managed by a committee constituted as provided in rule 24.

(2)    The committee -

(a)    shall control and manage the business and affairs of the Club,

(b)    may, subject to these rules, exercise all such powers and functions as may be exercised by the Club, other than those powers and functions that are required by these rules or the Act to be exercised by the Club in general meetings,

(c)    subject to the Act and these rules, has power to perform all such acts and things as appear to the committee to be desirable for the proper management of the business and affairs of the Club, and

(d)    may make, amend and repeal by-laws as necessary for the efficient management of the Club, however the by-laws must not be inconsistent with these rules.

Officers of the Club

23.     (1)    The Officers of the Club are:

(a)    a President,

(b)    a Vice President,

(c)    a Treasurer,

(d)    a Secretary, and

(e)    the immediate past President of the Club for a maximum period of three years.

(2)    The provisions of rule 25, and sub-rule 2) of rule 24, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in the sub-rule (1) of this rule.

(3)    In the event of a casual vacancy in any office mentioned in paragraphs (a), (b), (c), or (d) of sub-rule (1) of this rule, the committee may appoint one of its members to the vacant office, and the member so appointed may continue in office subject to these rules, until the conclusion of the next Annual General Meeting following the date of the appointment.

Constitution of the Committee

24.     (1)    The committee shall consist of -

(a)   the officers of the Club,

(b)    other members, whose titles and duties shall be defined in the by-laws, and

(c)    delegates / representatives of the Club to any association that the Club is affiliated with from time to time who are members of the Club and who are elected by the committee at the committee meeting next after the Annual General Meeting at which the committee was elected.

(2)    Each committee member shall, subject to these rules, hold office until the Annual General Meeting next after the date of the election of the member, and is eligible for re-election.

(3)    In the event of a casual vacancy occurring in the office of committee member, the committee may appoint a member of the Club to fill the vacancy, and the member so appointed shall hold office, subject to these rules until the conclusion of the next Annual General Meeting following the date of the appointment.

Election of Members of Committee

25.     (1)    Nominations of candidates for election as committee member -

(a)    shall be made in writing signed by two members of the Club and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination), and

(b)    shall be delivered to the Secretary of the Club at least ten days before the date fixed for the holding of the Annual General Meeting.

(2)    If there is only one nomination received for a committee position the person nominated shall be deemed to be elected.

(3)    If there is more than one nomination received for a committee position then a ballot shall be held.

(4)    The ballot for the election of a committee member shall be conducted at the Annual General Meeting in such usual and proper manner as the committee may direct.

(5)    If insufficient nominations are received to fill all the vacancies on the committee then further nominations as per rule 25 (1)(a) shall be received at the Annual General Meeting.

Vacation of Office

26.     (1)    For the purposes of these rules, the office of an officer of the Club or an ordinary committee member becomes vacant if the officer or committee member -

(a)    dies,

(b)    becomes insolvent or applies to take or takes advantage of any law relating to bankrupt or insolvent debtors or compounds with his creditors,

(c)   becomes of unsound mind,

(d)   resigns his office by writing under his hand addressed to the committee, or

(e)    ceases to be a member of the Club.

Meetings of the Committee and of Sub-Committees

27.     (1)    The committee shall meet at least once in each two months at such place and at such time as the committee may determine.

(2)    Special meetings of the committee may be convened by the President or any four of its members.

(3)    Notice shall be given to members of the committee to any special meeting, specifying the general nature of the business to be transacted.

(4)    Any five members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.

(5)    No business shall be transacted unless a quorum is present.

(6)    At meetings of the committee -

(a)    the President, or

(b)    in his absence, the Vice President, or

(c)    in the absence of both the President and the Vice President, such one of the remaining members of the committee as may be chosen by the members present, shall preside.

(7)    Questions arising at meetings of the committee or of any sub-committee appointed by the committee shall be determined by a majority of the votes of the members of the committee or sub-committee present on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.

(8)    Each member present at a meeting of the committee or sub-committee (including the person presiding at the meeting) is entitled to one vote, and in the event of equality of votes on any question, the person presiding may exercise a second or casting vote.

(9)    Whenever practicable, notice of each committee meeting shall be served on each member of the committee by telephone, or writing, sent to his/her usual or last known place of abode or business, one day before the meeting.

(10)    A motion of no confidence in any committee member must be decided by a 60% majority vote of members present and voting. If the motion of no confidence is passed, the committee member must retire immediately and an election shall be conducted immediately by the Secretary, even if retiring, to replace the retiring committee member/s.

(11)    Any member of the committee who is absent without leave of the committee from three consecutive meetings of the committee shall be subject to a motion of no confidence as laid down in rule 27 (10).

Sub-committees

28.     (1)    Subject to the Act, the committee may at any time appoint a sub-committee from the committee as it may think fit and may delegate to the sub-committee such functions or powers of the committee, with or without conditions, as are specified by the committee.

(2)    Each sub-committee shall comprise of at least one member of the Club committee. The President of the Club shall be an ex-officio member of all sub-committees.

(3)    The committee may include as members of a sub-committee any person it thinks fit, whether or not the person is a member of the Club but the person is not entitled to vote except on matters arising within the sub-committee meeting.

(4)    The appointed committee member and one other member of a sub-committee constitute a quorum at a meeting of the sub-committee.

(5)    Following each sub-committee meeting, the chairman of the sub-committee shall report in writing to the next committee meeting.

(6)    The committee may at any time revoke or modify an appointment of, or a delegation to, a sub-committee.

Executive Committee

29.     The President, the Vice President, the immediate Past President, the Treasurer, and the Secretary shall constitute an executive committee, which may issue instructions to the public officer and the servants of the Club in matters of urgency connected with the management of the affairs of the Club during the intervals between meetings of the committee, and where such instructions are issued shall report to the next meeting of the committee.

Rescission of Resolutions

30.     No meeting of the Club shall rescind or alter a motion after it has been passed by the Club unless the alteration or rescission is decided by a 60% majority vote of members present and voting.

Expulsion of Members

31.     (1)    Subject to this rule, the committee may expel a member from the Club if, in the opinion of the committee, the member has been guilty of conduct detrimental to the interests of the Club.

(2)    Before making any decision under sub-rule (1) of this rule, the committee must cause a notice in writing to be served on the member advising him or her of the grounds on which the committee is considering the expulsion of the member and give the member the opportunity to make representations to the committee orally or in writing or both.

The expulsion of a member pursuant to sub-rule (1) of this rule does not take effect -

(a)    until the expiration of fourteen days after the service on the member of a notice under sub-rule (3) of this rule, or

(b)    if the member exercises his right of appeal under this rule, until the conclusion of the Special General Meeting convened to hear the appeal, whichever is the later date.

(3)    Where the committee expels a member from the Club, the Public Officer of the Club shall, without undue delay, cause to be served on the member a notice in writing -

(a)    stating that the committee has expelled the member,

(b)    specifying the grounds for expulsion, and

(c)    informing the member that if he so desires he may, within fourteen days after the service of the notice on him or her, appeal against the expulsion as provided in this rule.

(4)    A member on whom a notice under sub-rule (3) of this rule is served may appeal against the expulsion to a Special General Meeting by delivering or sending by post to the Public Officer of the Club, within fourteen days after the service of that notice, a request in writing for a Special Meeting for the purpose of hearing the appeal.

(5)    Upon receipt of a request under sub-rule (4) of this rule, the Public Officer shall notify the committee of its receipt and the committee shall then cause a Special General Meeting of members to be held within twenty-one days after the date on which the requisition is received by the Public Officer.

(6)    At a Special General Meeting convened for the purpose of this rule -

(a)    no business other than the question of the expulsion shall be transacted,

(b)    the committee may place before the meeting details of the grounds of the expulsion and the committee's reasons for the expulsion,

(c)    the expelled member and the committee shall be given an opportunity to be heard, and

(d)    the members present shall vote by secret ballot on the question whether the expulsion should be lifted or confirmed.

(7)    If at a Special General Meeting a majority of the members present vote in favour of lifting the expulsion, the expulsion shall be deemed to have been lifted and the expelled member is entitled to continue his membership of the Club.

(8)    If at a Special General Meeting a majority of the members present vote in favour of the confirmation of the expulsion, the expulsion takes effect, and the expelled member ceases to be a member of the Club.

Alterations of the Rules

32.     The objects and rules shall not be altered except in accordance with the Act.

Common Seal of the Club

33.     (1)    The common seal of the Club shall be in the form of a rubber stamp, inscribed with the name of the Club encircling the word "Common Seal".

(2)    The seal of the Club shall not be affixed to any instrument except by the authority of the committee and the affixing shall be attested by the signatures either of two members of the committee or of one member of the committee and of the Public Officer of the Club or such other person as the committee may appoint in writing for that purpose, and that attestation is sufficient for all purposes to establish that the seal was affixed by authority of the Committee.

Public Officer

34.    (1)    The Committee of the Club shall, within fourteen days after the incorporation of the Club, appoint a member resident in the Territory to be the Public Officer of the Club and, if the office at any time becomes vacant, appoint a member resident in the Australian Capital Territory to fill the vacancy within 14 days of the vacancy.

(2)    The office of the Public Officer becomes vacant if the person holding that office -

(a)    dies,

(b)    becomes insolvent or applies to take advantage of any law relating to bankrupt or insolvent debtors or compounds with his creditors,

(c)    becomes of unsound mind,

(d)    resigns his office by writing under his hand addressed to the Committee,

(e)    ceases to be a resident in the Territory, or

(f)    ceases to be a member of the Club.

35.    (1)    The Public Officer of the Club shall, within fourteen days after the appointment, give notice in writing to the Registrar General of his appointment and of his full name and address in accordance with the Act.

(2)    If the Public Officer changes his address he shall, within fourteen days after the change, give notice in writing to the Registrar-General of the change in accordance with the Act.

(3)    The Public Officer of the Club shall, within one month after an alteration of -

(a)    the objects and purposes of the Club,

(b)    the rules of the Club,

(c)    any trust relating to the Club,

file with the Registrar-General notice of the alteration, a copy of any instrument evidencing the alteration and a statutory declaration made by the Public Officer declaring that copy is a true copy of the instrument it purports to be a copy and in the case of the alterations of the objects, purposes and rules of the Club, that the alteration is authorised, and was made in the manner provided by the rules of the Club.

(4)    The Public Officer of the Club cause to be filed with the Registrar-General an annual return in accordance with section 79 of the Act.

Winding Up

36.    (1)    The Club may be wound up by special resolution and, subject to clause 36(2), the assets of the Club, after payment of all debts and liabilities, including any debts and expenses of the winding up, and in accordance with section 92 of the Act, may be distributed to such associations that are nominated for the purposes of sub-paragraph 92(1)(a)(ii) of the Act by special resolution of the Club.

(2)    Any amount that remains after dissolution of the Club must be paid and applied by the Club to any organisation which has similar objects to those of the Club, and which has rules which prohibit the distribution of its assets and income to its members.

Saving

37.    (1)    Subject to the Act, no act done or proceeding taken by a person or body acting under or in pursuance of this Constitution shall be invalid by reason only of -

(a)    a defect in the appointment or election of that person or member to that body,

(b)    the fact of that person or a member of that body being disqualified by this Constitution from so acting or from taking part in any proceeding,

(c)    a failure to comply with the requirements for the convening of a meeting of that body, or

(d)    there being a vacancy or vacancies in the membership of that body.

(2)    In this rule, the term "body" includes the committee and sub-committees
Inspection and Custody of Books and Documents

38.    (1)    Subject to the Act, the Regulations and these rules, the Secretary shall keep in his or her custody or under his or her control all records, books, securities and other documents relating to the Club.

(2)    The records, books and other documents of the Club shall be open to inspection, free of charge, by a member of the Club subject to any reasonable restrictions as to time and manner of inspecting them that may be set out in the by-laws or imposed by the committee for the time being.
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