The Association’s constitution

The association’s constitution is as follows:
 

 

 

AUS-CHINESE GOLF ASSOCIATION INC.

 

 

CONSTITUTION

 

2013


INDEX

1.0      NAME…………………………………………………………………………………………………………………. 3

2.0      OBJECTS OF THE ASSOCIATION………………………………………………………………………………… 3

3.0      POWERS……………………………………………………………………………………………………………… 3

4.0      BOARD………………………………………………………………………………………………………………… 4

5.0      Removal of Board member………………………………………………………………………………… 5

6.0      USE OF INFORMATION OR POSITION………………………………………………………………………… 6

7.0      DISCLOSURE OF INTERESTS……………………………………………………………………………………… 6

8.0      IMPLIED VALIDITY…………………………………………………………………………………………………. 7

9.0      BOARD MEETINGS…………………………………………………………………………………………………. 7

10.0       DECISIONS OF THE BOARD…………………………………………………………………………………….. 7

11.0       SUB-COMMITTEES………………………………………………………………………………………………. 9

12.0       MEMBERSHIP…………………………………………………………………………………………………….. 9

13.0       REGISTER OF MEMBERS………………………………………………………………………………………. 10

14.0       ANNUAL SUBSCRIPTION……………………………………………………………………………………… 10

15.0       FINANCE………………………………………………………………………………………………………….. 11

16.0       BY-LAWS………………………………………………………………………………………………………….. 11

17.0       ANNUAL GENERAL MEETING……………………………………………………………………………….. 11

18.0       SpECIAL GENERAL MEETING………………………………………………………………………………… 12

19.0       VOTING…………………………………………………………………………………………………………… 13

20.0       NON-PROFIT…………………………………………………………………………………………………….. 14

21.0       AUDIT……………………………………………………………………………………………………………… 14

22.0       INCOME AND PROPERTY…………………………………………………………………………………….. 15

23.0       CONSTITUTION…………………………………………………………………………………………………. 15

24.0       TRUSTEES…………………………………………………………………………………………………………. 16

25.0       COMMON SEAL…………………………………………………………………………………………………. 16

26.0       CUSTODY AND INSPECTION OF RECORDS……………………………………………………………….. 16

27.0       INDEMNITY OF BOARD MEMBERS…………………………………………………………………………. 16

28.0       DISSOLUTION……………………………………………………………………………………………………. 17

29.0       GIFT FUND AND DEDUCTIBLE GIFT RECIPIENT

STATUS IF APPLICABLE……………………………………………………………………………………….. 17

30.0        OTHER…………………………………………………………………………………………………………………………………..18


1.0               NAME

The name of the Association shall be AUS-CHINESE GOLF ASSOCIATION INC. hereinafter called “the Association”

2.0               OBJECTS OF THE ASSOCIATION

The object of the association is to promote the game of golf within the Chinese Community in Australia.

 

This Association is formed on a non-profit basis and encourages it’s members to meet as a form of socialisation, business networking and building relationships with the Western Community.

 

2.1          The income and property of the Association shall be applied solely towards the promotion of the objects of the Association. No proportion of the income or property shall be paid, transferred or distributed directly or indirectly to the members of the Association, provided that nothing shall prevent the payment in good faith of remuneration to any officers or employee of the Association or to any person other than a member, in return for services rendered to the Association.

 

 

3.0               POWERS

The Association shall have the following powers:

3.1               To establish services and to register business names and conduct business necessary for or conducive to the attainment of the objects of the Association.

3.2               To enter into any contract considered necessary for or conducive to the attainment of the objects of the Association.

3.3               To purchase, take on lease or in exchange, hire or otherwise acquire and hold any real or personal property including any rights, benefits and or privileges.

3.4               To erect buildings and to renovate, repair, reconstruct, alter, improve add to and demolish any buildings, or structures now or hereafter vested in the Association.

3.5               To sell, exchange, lease, let, mortgage, pledge, hire, dispose of, turn to account or otherwise deal with all or any part of the real and personal property of the Association.

3.6               To make application for or request funds from any level of Government, Corporations, Trusts, Individuals and other funding organisations

3.7               To conduct appeals for funds and to accept donations whether of real or personal estate and devises and bequests.

3.8               To raise or borrow money and secure the repayment thereof in such a manner as the Association thinks fit with the power to issue debentures, grant mortgages, charges or securities upon or charging all or any of the property real or personal both present and future of the Association and to redeem or pay off either or wholly or in part any existing or future security.

3.9               To deal with moneys of the Association which are not immediately required for the purposes of the Association in such a manner as may from time to time be determined.

3.10            To hold and administer property on trust.

3.11            To appoint, employ and in the Association’s discretion pay officers, agents and servants and to dismiss or suspend the same.

3.12            To affiliate with or grant affiliation to or collaborate with any Association or body (not being an Association or body formed for the purpose of securing pecuniary profit to its members from its transactions) the objects of which are in accord with those of the Association.

3.13            To make rules and regulations subject to this Constitution for the management of the affairs of the Association.

3.14            To provide Scholarships, material assistance and mentorship in cash or in kind in cases of a Client’s financial hardship.

3.15            Generally to perform and do all such other acts and things as may properly be incidental or conducive to the attainment of the objects of the Association.

 

4.0               BOARD

The affairs of the Association will be managed by a Board of governance known as the Board.

4.1               This Board shall have up to six members consisting of:

4.1.1      President;

4.1.2      Vice President;

4.1.3      Secretary; and

no less than three (3) other Board Members.

4.2               The Board has responsibility for the oversight of the financial, administrative and management functions of the Association and for setting strategic directions for the Association.

4.3               Office Bearers will be elected by the new Board as soon as possible after the Annual General Meeting or as needed.

4.4               The Board may co-opt persons with special knowledge to the Board, who shall be ex-officio.

4.5               Board Members will be elected for 3 years and there will be a rotation of board members and where members exist be inducted.

4.6               Resignation of Board members shall be required in writing.

4.7               If a Board position becomes vacant at any time the Board may appoint a person to fill such position until the next Annual General Meeting, when it will be declared vacant.

4.8               Membership of the Board may be cancelled by the Board if the member fails to attend three (3) consecutive General Meetings without notification of apology.

4.9               The Board may determine membership fees annually.

4.10           Board members agree to sign and be bound by a document stating their support of the objectives of the Association and their commitment to having it flourish.

4.11           The President must be recognised as a respectable, prominent and influential businessman within the Chinese community.

(a)    He/she must have an appreciation of the sport, understand and adhere by the rules of golf; and

(b)   He/she must be an existing member of another golf club within Australia

4.12           The Secretary’s role is to administer and manage queries of both members and the community.

(a)    He/she must have a sound understanding of an abide by the Association Rules; and

(b)   He/she must keep custody of filed records and documentation of member’s information and the Association’s information provided by either party under confidentiality.

 

5.0               REMOVAL OF BOARD MEMBER

5.1               The members may, by resolution passed at a general meeting, remove any Board member.

5.2               The Board member who is the subject of such a proposed resolution must be given at least 4 weeks notice of the general meeting and may make a representation in writing to the chairperson (not exceeding a reasonable length) and request that the representation be notified to the members and the chairperson. The Board member may require that it be read out at the general meeting.

5.3               Vacancy of office on Board

The position of a member of the Board becomes vacant if the person:

(a)    becomes insolvent under administration within the meaning of the Corporations Act;

(b)   becomes of unsound mind, or a person whose person or estate is liable to be dealt with under the law relating to mental health;

(c)    is found guilty of or convicted of an indictable offence punishable by imprisonment, whether or not a term of imprisonment is imposed;

(d)   resigns as a member of the Board by written notice to the Board; or

(e)   fails to attend 3 consecutive meetings of the Board without approval of the remaining members of the Board (whether given before or after that absence) and is removed from office by resolution of the Board.

 

6.0          USE OF INFORMATION OR POSITION

6.1          A member of the Board must not while a member of the Board; and after

ceasing to be a member of the Board, knowingly or recklessly make improper use of information acquired by virtue of his or her position in the Association so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person; or cause detriment to the Association.

6.2          The same limitation on the use of information as in Rule 6.1 applies to any person in

the employ of or directly associated with the Association.

 

7.0          DISCLOSURE OF INTERESTS

7.1          A member of the Board who has any direct or indirect interest in a contract, or proposed contract, with the Association must as soon as he or she becomes aware of his or her interest, disclose the nature and extent of his or her interest to the Board.

7.2          Rule 7.1 does not apply in respect of an interest that exists only by virtue of the fact that the member of the Board:

(a)  is an employee of the Association;

(b)  is a member of a class of persons for whose benefit the Association is established; or

(c)  has interests in common with all or a substantial proportion of the members of the Association.

7.3          A member of the Board may not act as auditor of the Association.

7.4          Voting on contract in which member of the Board has interest

A member of the Board who has any direct or indirect interest in a contract, or proposed contract, with the Association must not take part in any decision of the Board with respect to that contract but may, subject to a decision of the remaining Board members, take part in any deliberations with respect to that contract or proposed contract.

 

8.0          IMPLIED VALIDITY

Despite any other provision in this constitution, all decisions and actions at a meeting of the Board, and all actions taken by the Board or a person acting as a Board member, are as valid as if every person acting as a Board member had:

(a)  been duly appointed;

(b)  duly continued in office; and

(c)  at all material times been fully entitled to do all things which he or she did or purported to do as a Board member,

even though it is later discovered that there was a defect in the person’s appointment or continuance in office, or that the person had vacated office or was not entitled to do a particular thing.

 

9.0   BOARD MEETINGS

9.1          The Board will meet approximately every three months or as they deem necessary but no less than four times per year.

9.2          The Board may adjourn and otherwise regulate their meetings as they think fit.

9.3          The chairperson or any member of the Board may convene a meeting of the Board whenever they think fit.

 

10.0        DECISIONS OF THE BOARD

10.1        A meeting of Board members at which a quorum is present may exercise all the powers and discretions vested in or exercisable by the Board members under this Constitution.

10.2       The quorum for a meeting of Board Members shall be four (4) Board Members.

10.3        Questions arising at a meeting of the Board must be decided by a majority of votes cast by the Board members present. Such a decision is for all purposes a decision of the Board.

10.4        Where the votes on a proposed resolution are equal, the chairperson of the meeting has a second or casting vote.

10.5        Observers at meetings of Board

Members and other persons, when invited by the Board, may attend meetings or such part of the meeting as determined appropriate by the Board, but do not have voting rights and may not speak at the meeting unless permitted by the chairperson.

 

10.6        Meetings convened by telephone or other electronic means:

a)      The contemporaneous linking together by telephone or other electronic means of a number of the members of the Board, sufficient to constitute a quorum, constitutes a meeting of the Board and all the provisions in this constitution relating to meetings of the members of the Board apply, so far as they can and with such changes as are necessary, to meetings of the members of the Board by telephone or other electronic means.

b)     A Board member who is unable to be present at a Board meeting may request the provision of a telephone or other electronic means and the member participating by telephone or other electronic means is deemed to be present for all voting purpose.

10.7        Written resolutions of the Board

A member of the Board may signify assent to a document by signing it, but failure to do so does not invalidate the act, matter, thing or resolution to which the document relates.

  1. 8        Quorum

No business may be transacted at a meeting of the Board unless a quorum is present. If within 15 minutes of the time appointed for the meeting a quorum is not present, the chairperson may adjourn the meeting to the same place and at the same hour of the same day in the following week.

If the number of members of the Board at any time is not sufficient to constitute a quorum of a Board meeting or is less than the minimum number of members of the Board fixed under these rules, the remaining members of the Board must act as soon as possible to:

a)      increase the number of members of the Board to a number sufficient to constitute a quorum and to satisfy the minimum number required under this constitution; or

b)     convene a general meeting of the Association for that purpose, and

c)      until that has happened, may only act if and to the extent that there is an emergency requiring them to act.

 

10.9        Chairperson

The chairperson, or in his or her absence, the deputy chairperson, must act as chairperson at each meeting of the Board.

If both the chairperson and deputy chairperson are absent or unwilling to act at any particular meeting of the Board, then the members of the Board present must elect one of their number to act as chairperson for that meeting.

 

11.0        SUB-COMMITTEES

Deleted.

 

12.0        MEMBERSHIP

12.1           New Members – to become a member of the Association, one must be nominated by a nominator as well as a seconder to ensure that they have a clear understanding of the Associations Rules and are introduced to the Associations board and other members.

Membership of the Association shall take effect when the applicant’s name is entered into the Register of Members and they have been inducted by the Association.

12.3       The Association shall keep a register of members which shall record the name and postal and or email address of each member as at the date of commencing membership, and changes in address from time to time in accordance with Section 27 of the Associations Incorporations Act 1987.

12.4        Any member acting in any way prejudicial to the interests of the Association, whether pecuniary, ethical or otherwise, may be expelled or suspended from membership.

12.5        Any member expelled or suspended shall not be entitled to any refund of fees.

12.6        A right, privilege, or obligation of a person by reason of that person’s membership:

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

b)      terminates upon the cessation of that person’s membership whether by death or resignation or otherwise.

12.7        Termination of membership

A person immediately ceases to be a member if the person:

a)      dies;

b)      resigns as a member by giving written notice to the Board;

c)       becomes of unsound mind; or

d)      becomes, if the Board so decides in their absolute discretion, an untraceable member because the person has ceased to reside at, attend or otherwise communicate with his or her address on the register of members; or fails to pay any fees or subscriptions due and payable within 3 months of when it falls due, or such other time as the Board decides.

 

13.0        REGISTER OF MEMBERS

13.1       The register of members must be available for inspection by members at the Association’s office on giving reasonable notice to the Board.

13.2       The register of members may be kept in any manner or form the Board thinks fit, so long as it is readily convertible to written or printed form.

13.3       All persons may treat the register of members as complete and accurate. Nothing done in good faith based on the completeness and accuracy of the register of members will be rendered ineffective, void or voidable by any subsequently discovered omission from, or inaccuracy in, the register of members.

13.4        Financial member

A member is a financial member of the Association if:

a)      all money due to the Association at the relevant time is paid; or

b)      the Board has determined in a specific case exceptional circumstances or hardship exists so that a member who owes money to the Association is to be regarded as a financial member.

13.5        A member who is not a financial member of the Association may not vote at a general meeting.

14.0ANNUAL SUBSCRIPTION

a)      The prescribed fee for an individual member shall be any amount set from time to time by the Board.

b)      The fee for any membership may be suspended at the absolute discretion of the Board.

 

15.0       FINANCE

15.1        The financial year of the Association shall extend from the first day of July to the last day of June of the following year.

15.2        The Board shall cause to be kept proper books of account in which shall be entered full, true and complete records of the affairs and transactions of the Association.

15.3        The Board shall approve proper procedures and processes for the authorisation of all financial expenditures.

15.4        All negotiable financial instruments will be signed or authenticated by two (2) persons authorised by the Board.

15.5       Authority to sign all cheques and other negotiable financial instruments can be delegated to authorised persons nominated by the Board.

15.6       All moneys received by the Association shall be banked in the name of the Association in a Bank approved by the Board.

16.0        BY-LAWS

The Board may draw up By-Laws governing the management of the Association and may vary and interpret such By-Laws.

17.0        ANNUAL GENERAL MEETING

17.1       An Annual General Meeting shall be held in the first four (4) months of each financial year. The quorum for the Annual General Meeting shall be ten (10) members.

17.2        Items of business conducted at the meeting will include:

a)      Minutes of previous Annual General Meeting

b)      Presentation and adoption of Financial Accounts and reports

c)       Election of Auditor for the ensuing year

d)      Election of Board Members

e)      Motions

f)       General Business

17.3       Notice of the Annual General Meeting will be sent to all financial members at least fourteen (14) days before the Annual General Meeting. A register of members who approve of email notification will be kept and used and others will be notified by post. Any accidental omission to give notice to any members shall not invalidate the meeting.

17.4       Notices of motions for the Annual General Meeting from members of the Association shall be in the hands of the Secretary at least seven (7) days prior to such meetings.

17.5       If quorum is not reached within half an hour of the starting time, then the Annual General Meeting is adjourned for two weeks to occur at the same time and at the same place. All the members will be notified by email and mail of this new date.

17.6       If, at the adjourned date, no formal quorum is found, the meeting will be held without further adjournment.

17.7       All Board members of the Association must be present at all Annual General Meetings. No Board members is permitted to be absent without prior notification provided by a means of a letter to all other Board members.

 

18.0        SPECIAL GENERAL MEETING

18.1       Upon the requisition in writing of four members of the Board or of ten members of the Association, the Secretary shall convene a Special General Meeting of Members, provided that no such requisition shall relate to the proposed expulsion of a member. The occasion for calling such a meeting shall be stated in the notice of the meeting and no other business shall be transacted at such a special meeting except that for which it was summoned.

18.2       At least fourteen (14) days notice, in writing, of all meetings shall be given. Such notice shall be given by posting by mail or email of a copy of the notice to each member at the address notified to the Secretary. Such notice shall state the time, place and nature of the meeting.

18.3        A Quorum for a Special Meeting shall be ten (10) members.

18.4       No item of business may be transacted at a general meeting (except the election of a chairperson of the meeting and the adjournment of the meeting) unless a quorum is present during the time when the meeting is considering that item.

18.5        If quorum is not reached within half an hour of the starting time, the meeting:

a)    if convened on the requisition of members, shall be dissolved; and

b)    in any other case, will stand adjourned to the same day in the next week at the same time and (unless another place is specified by the chairperson at the time of the adjournment or by written notice given to members before the day to which the meeting is adjourned) at the same place. If quorum is not reached within half an hour of the starting time of the adjourned meeting, the adjourned general meeting is dissolved.

Where a general meeting is adjourned for 14 days or more, a notice of the adjourned meeting must be given as for the general meeting.

18.6        Chairperson of general meetings

The President of the Board must (if present within 15 minutes after the time appointed for the meeting and willing to act) preside as chairperson at each general meeting.

18.7        If at a general meeting:

a)      there is no President of the Board present within 15 minutes; or

b)      the President of the Board is present but is not willing to act as chairperson of the meeting, then, the members present must elect as chairperson of the meeting:

                                             i.            another Board member who is present and willing to act; or

                                           ii.            if no other Board member present at the meeting is willing to act, a member who is present and willing to act.

 

18.8        Conducting general meetings

A question arising at a general meeting relating to the order of business, procedure or conduct of the meeting must be referred to the chairperson of the meeting, whose decision is final.

 

19.0        VOTING

19.1       Each member present in person shall be entitled to one (1) vote at any meeting.

19.2       At all meetings and Board Meetings, all questions shall be decided by a show of hands or by ballot at the discretion of the Chairperson or upon the request of any two members. Upon the declaration of the result of a show of hands a division may be demanded by any member present.

19.3       At all such meetings the Chairperson shall have a deliberative vote and in the event of there being an equality of votes on any question shall also have a second or casting vote.

19.4       Proxy votes shall not be allowed. Only those members present at the Annual General Meeting or Special General Meeting shall be able to register their vote.

 

20.0        NON-PROFIT

The income and property of the Association shall be applied solely towards the promotion of the objects of the Association. No proportion of the income or property shall be paid, transferred or distributed directly or indirectly to the members of the Association, provided that nothing shall prevent the payment in good faith of remuneration to any officers or employee of the Association or to any person other than a member, in return for services rendered to the Association.

 

21.0        AUDIT

21.1       The Auditor or Auditors appointed to that position by the members at the Annual General Meeting shall be a member or members of a recognised Professional Body approved by the Registrar of Incorporated Associations for this purpose.

21.2       The Auditor(s) of the Association shall audit the annual statements and profit and loss account and balance sheet and issue audit certification. For the purpose, the auditor shall have power to call for the production of all books of accounts, vouchers and documents relating to the affairs of the Association.

21.3        Report by auditor

The auditor must:

a)      make a report to the members at each annual general meeting on every statement of income and expenditure and balance sheet tabled before each annual general meeting during the auditor’s term of office; and

b)      state in the report whether in his or her opinion:

the statement of income and expenditure and balance sheet together with any statements, reports and notes that are attached to and intended to be read with the statement or balance sheet are properly drawn up so as to give a true and fair view of the financial position of the Association during and at the end of its last financial year (or other date appropriate to the period covered by that balance sheet and statement); and

c)       the accounting and other records examined by the auditor have been properly maintained.

The auditor may attend a general meeting and make a report direct to the members of any matter within the scope of the auditor’s duties.

21.4       The financial records of the Association shall be audited at the end of each financial year, and an audited statement shall be presented at the Annual General Meeting.

21.5        Remuneration of auditor

The Board may fix the remuneration of the auditor from time to time.

 

22.0        INCOME AND PROPERTY

22.1        Source of funds

The funds of the Association are to be derived from fees, subscriptions, gifts, sponsorships, donations, government grants, fundraising activities and such other sources as the Board determines.

22.2       The income and property of the Association, from whatsoever source, shall be applied solely towards the promotion of the objects of the Association and no part thereof shall be paid or transferred directly or indirectly, by way of dividends or allowances, to the persons who at any time are or have been members of the Association, unless such persons are employed by the Board.

22.3        Rule 22.2 does not prohibit making a payment in good faith for:

a)    out-of-pocket expenses incurred by a member;

b)    a service rendered to the Association by a member in a professional or technical capacity where the provision of the service has the prior approval of the Board and the amount payable is not more than an amount which commercially would be reasonable payment for the service;

c)    goods supplied in the ordinary and usual course of business;

d)    reasonable and proper interest paid on money borrowed from a member; or

e)    reasonable and proper rent paid for premises let by any member to the Association.

 

23.0        CONSTITUTION

The Association shall be conducted in accordance with the Constitution.

23.1       The objects of the Association (subject to approval as may be required by law) and the rules herein contained may be amended, varied or rescinded and a new object or objects and rules approved at an Annual General Meeting or Special General Meeting provided that the notice of such meeting shall contain the text of the proposed amendment or states that the amendments are available for inspection by any member at a place nominated in the notice for a period of not less than fourteen (14) days.

23.2(1) The Association may alter or rescind these rules, or make rules additional to these rules, in accordance with the procedure set out in sections 17, 18 and 19 of Act , which is as follows:

(a) Subject to sub-rule (1) (d) and (1)(e), the Association may alter its rules by special resolution but not otherwise;

 

(b) within one month of the passing of a special resolution altering its rules, or such further time as the Commissioner may in a particular case allow (on written application by the Association), the Association must lodge with the Commissioner notice of the special resolution setting out particulars of the alteration together with a certificate given by a member of the Committee certifying that the resolution was duly passed as a special resolution and that the rules of the Association as so altered conform to the requirements of this Act;

 

(c) An alteration of the rules of the Association does not take effect until sub-rule (1) (b) is

complied with;

 

(d)  An alteration of the rules of the Association having effect to change the name of the association does not take effect until sub-rules (1) (a) to (1) (c) are complied with and the approval of the Commissioner is given to the change of name;

(e)  An alteration of the rules of the Association having effect to alter the objects or purposes of the association does not take effect until sub-rules (1)(a) to (1)(c) are complied with and the approval of the Commissioner is given to the alteration of the objects or purposes.

 

(2) These rules bind every member and the Association to the same extent as if every member and the Association had signed and sealed the rules and agreed to be bound by all their provisions.

 

24.0        TRUSTEES

Unless otherwise determined by the members, the Board of the Association for the time being shall be deemed to be the Trustees of the Association to hold any property real or personal belonging to the Association.

 

25.0        COMMON SEAL

The common seal of the Association, engraved with the name of the Association, shall be kept in the care of the President. The seal shall not be used or affixed to any deed or other document except pursuant to the resolution of the Board and in the presence of the President and two (2) members of the Board, both of whom shall subscribe their names as witness.

 

26.0        CUSTODY AND INSPECTION OF RECORDS

The Board or its delegate for this purpose must keep in its custody or under its, his or her control, all books, documents and securities of the Association.

The documents associated with incorporation, the register of members and the minutes of general meetings must be made available for inspection by any member who gives the Board or its delegate for this purpose reasonable notice that he, she or it wishes to inspect them.

 

27.0        INDEMNITY OF BOARD MEMBERS

27.1       Board members who by the authority of the Board accept or incur any pecuniary liability on behalf of the Association may be held indemnified by the Association against any personal loss in respect of such liability.

27.2       To the extent permitted by Law the Association may pay the premium on an insurance contract insuring a person who is or has been an officer of the Association against:

a)      a liability for costs incurred by the person defending proceedings arising out of the person’s conduct as an officer or Board member, except liability which arises from improper or illegal conduct; and

b)      any other liability incurred by the person as an officer or board member, except liability which arises from conduct that involves a wilful breach of duty in relation to the Association.

 

28.0        DISSOLUTION

The Association may be wound up by special resolution at a Special General Meeting convened by not less than fourteen (14) days notice called for such purpose.

28.1       A motion to wind up the Association shall be adopted when seventy five per cent (75%) of support is received from the voting members present at the Special General Meetings convened for that purpose.

28.2       If the special resolution is confirmed by seventy five per cent (75%) of voting members present at the Special General Meeting the Association shall thereupon be dissolved.

28.3       If, on the winding up of the Association, any property of the Association remains after the satisfaction of any debts and liabilities of the Association and costs, charges and expenses of that ‘winding up’, that property shall be distributed to another association (or associations) Incorporated under the Associations Incorporations Act having objects similar to those of the Association or having charitable purposes that is also exempt from Income Tax under Section 16 of the Income Tax Assessment Act.

28.4       The association (or associations) Incorporated under the Associations Incorporations Act referred to in Rule 28.3 shall be determined by Resolution of the Members at said Special General Meeting when authorising and directing the Board under Section 33(3) of the Associations Incorporations Act to prepare a distribution plan for the distribution of the surplus property of the Association.

28.5       In default of any such resolution as referred to in Rule 28.4, such payment or distribution shall be determined by a Judge of the Supreme Court of Western Australia.

 

29.0        GIFT FUND AND DEDUCTIBLE GIFT RECIPIENT STATUS IF APPLICABLE

29.1       As a condition of maintaining Deductible Gift Recipient (DGR) status, the organisation must operate and maintain a Gift Fund. If the Gift Fund is wound up, or if the endorsement of the organisation as a DGR is revoked, any surplus assets of the Gift Fund remaining after the payment of liabilities attributable to it, shall be transferred to a fund, authority or institution to which income tax deductible gifts can be made.

29.2       All subscriptions and donations to the general funds of the Association shall be administered by the Board for the general purpose of the Association, provided that any donation whether in money or otherwise which shall be made for any special object shall be used and applied in accordance with the expressed wish of the donor so far as may in the opinion of the Board be practicable and in so far as such use and application shall not be inconsistent with the Constitution of the Association.

30.0        OTHER

30.1Dress Requirements

(a)    The Association aims to have a standard of dress on the golf course which reflects the integrity of the Association.

(b)   Association members are responsible for the behaviour and dress standards of their guests at all times.

 

 

30.2        Events

(a)    The Association will hold monthly competitions where all members are eligible to participate.

(b)   Once a year the Association will hold a major competition where all members are eligible to participate.

(c)    All members participating in competitions must contribute to their share of all fees relevant.