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Canefields Clubhouse
Association Incorporation Rules
WORDS AND EXPRESSIONS TO HAVE
MEANING IN ACT
1. A word or expression that is not defined in these model rules, but is defined
in the Association’s Incorporation Act 1981 has, if the context permits, the
meaning given by the Act.
NAME
2. The name of the incorporated association is Canefields Clubhouse Beenleigh
Inc.
OBJECTS
3. The objects for which the association is established are to:-
(1) Promote the rights of people who experience mental health problems to have
valued social roles and access to work and community participation.
(2) Facilitate the inclusion of people who experience mental health problems in
the community and workforce.
(3) Create a restorative environment within which people who experience mental
health problems can achieve or regain the confidence and skills necessary to
lead vocationally and socially satisfying lives, through productive employment,
personal growth, friendship and social networks, career development and long
term financial security.
(4) Plan and implement the establishment and continued operation of a clubhouse,
based on the International Centre for Clubhouse Development (ICCD) clubhouse
model of psychosocial and vocational rehabilitation.
(5) Solicit funds from government and/or private sources to enable the
establishment and operation of the Clubhouse on a non-profit basis.
(6) Provide Clubhouse members with direct relief from poverty, suffering,
helplessness or misfortune arising from their mental illness.
(7) Establish and operate the Clubhouse, to adhere as closely as is possible to
the “ Standards for Clubhouse Programs” published by the International Centre
for Clubhouse Development and to apply for certification by the ICCD.
(8) Promote opportunities for people who experience mental health problems to be
productively involved within the Clubhouse and to obtain paid employment in the
workforce.
(9) Provide equal access for all Clubhouse members to every Clubhouse
opportunity, and to guarantee the rights of Clubhouse members to a place to
come, to meaningful work, to meaningful relationships, and to a place to return.
(10) Commit to the principle that regardless of the level of disability, every
Clubhouse member has a contribution to make.
(11) Plan and implement non-vocational programs for the Clubhouse, such as
social and recreational activities.
(12) Recruit, pay, train and develop the staff of the Clubhouse in accordance
with the best practices in the Clubhouse model.
(13) Evaluate the effectiveness and quality of the Clubhouse in meeting these
objectives regularly.
(14) i) As a charitable organisation to raise and collect monies, and to
distribute and use these funds solely for promoting the objects of the
organisation
ii) All income and assets are used solely in the furtherance of the objects and
cannot be distributed, paid or transferred by way of bonus, dividend or other
similar payment to the members.
POWERS
4. (1) The association has the powers of an individual.
(2) The association may:-
(a) enter into contracts; and
(b) acquire, hold , deal with and dispose of property; and
(c) make charges for services and facilities it supplies; and
(d) do other things necessary or convenient to be done in carrying out its
affairs.
(3) The association may take over the funds and other assets and liabilities of
the present unincorporated association known as Canefields Clubhouse, auspiced
by Community Care and Foodbank Association Inc.
(4) The association may also issue secured and unsecured notes, debentures and
debenture stock for the association.
CLASS MEMBERS
5. (1) The membership of the association shall consist of ordinary
members.
(2) The number of ordinary members is unlimited.
MEMBERSHIP
6. (1) A person who, on the day the association is incorporated, was
a member of the unincorporated association and who, on or
before a day fixed by the management committee, agrees in
writing to become a member of the incorporated association,
must be admitted by the management committee to the same
class of membership of the association as the member held in
the unincorporated association.
(2) A member of the incorporated association who, before becoming a member, has
paid the member’s annual subscription for membership of the unincorporated
association on or before the day fixed by the management committee, is not
liable to pay a further amount of annual subscription for the period before the
day fixed by the management committee as the day on which the next annual
subscription is payable.
(3) An applicant for membership of the association, other than the members of
the unincorporated association mentioned in subsection (1), must be proposed by
1 member of the association (the “ proposer”) and seconded by another member
(the “ seconder “).
(4) An application for membership must be-
(a) in writing; and
(b) signed by the applicant and the applicant’s proposer and seconder; and
(c) in the form decided by the management committee.
MEMBERSHIP FEES
7. (1) The membership fee for each class of membership-
(a) is the amount decided by the members from time to time at a general meeting;
and
(b) is payable when, and in the way, the management committee decides.
ADMISSION AND REJECTION OF MEMBERS
8. (1) The management committee must consider an application for
membership at the next meeting of the committee held after it receives-
(a) the application; and
(b) the appropriate membership fee for the application
(2) The management committee must decide at the meeting whether to accept or
reject the application.
(3) If a majority of the management committee members present at the meeting
vote to accept the applicant as a member, the applicant must be accepted as a
member to the class of membership applied for.
(4) The secretary of the association must, as soon as practicable after the
management committee decides to accept or reject an application, give the
applicant a written notice of the decision.
WHEN MEMBERSHIP ENDS
9. (1) A member may resign from the association by giving a written
notice of resignation to the secretary.
(2) The resignation takes effect on-
(a) the day and at the time the notice is received by the secretary; or
(b) if a later day is stated in the notice – the later day.
(3) The management committee may terminate a member’s membership if the member –
(a) is convicted of an indictable offence; or
(b) does not comply with any of the provisions of these rules; or
(c) has membership fees in arrears for at least 2 months; or
(d) conducts himself or herself in a way considered to be injurious or
prejudicial to the character or interests of the association.
(4) Before the management committee terminates a member’s membership, the
committee must give the member a full and fair opportunity to show why the
membership should not be terminated.
(5) If, after considering all representations made by the member, the management
committee decides to terminate the membership, the secretary of the committee
must give the member a written notice of the decision.
APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
10. (1) A person whose application for membership has been
rejected, or whose membership has been terminated, may
give the secretary written notice of the person’s intention to
appeal against the decision.
(2) A notice of intention to appeal must be given to the secretary within 1
month after the person receives written notice of the decision.
(3) If the secretary receives a notice of intention to appeal, the secretary
must, within 3 months after the day of receipt, call a general meeting to decide
the appeal.
(4) At the meeting, the applicant must be given a full and fair opportunity to
show why the application should not be rejected or the membership should not be
terminated.
(5) Also, the management committee and the committee members who rejected the
application or terminated the membership must be given an opportunity to show
why the application should be rejected or the membership should be terminated.
(6) An appeal must be decided by a vote of the members present at the meeting.
(7) If a person whose application has been rejected does not appeal against the
decision within 1 month after receiving written notice of the decision, or the
person appeals but the appeal is unsuccessful the secretary must, as soon as
practicable, refund the application fee paid by the person.
REGISTER OF MEMBERS
11. (1) The management committee must keep a register of members.
(2) The register of members must include the following particulars for each
member-
(a) the full name and residential address of the member;
(b) the date of admission as a member;
(c) the date of death or resignation of the member;
(d) details about the termination or reinstatement of membership;
(e) any other particulars the management committee or the members at a general
meeting decide.
(3) The register must be open for inspection at all reasonable times.
(4) However, before the member may inspect the register, the member must apply
to the secretary to inspect it.
SECRETARY
12. (1) If the association has not elected an interim officer as secretary
for the association before its incorporation, the members of the
management committee must ensure a secretary is appointed or
elected for the association within 1 month after incorporation.
(2) If a vacancy happens in the office of secretary, the members of the
management committee must ensure a secretary is appointed or elected for the
association within 1 month after the vacancy happens.
(3) The secretary must be an individual residing in Queensland, or in another
State but not more than 65 km from the Queensland border, who is-
(i) a member of the association elected by the association as
secretary; or
(ii) any of the following persons appointed by the management
committee –
(iii) a member of the association’s management committee;
(iv) a member of the association;
(v) another person.
(4) The management committee may appoint and remove the association’s secretary
at any time.
MEMBERSHIP OF MANAGEMENT COMMITTEE
13. (1) The management committee of the association consists of a
president, vice-president, treasurer, and any other members the
association members elect or appoint at a general meeting.
(2) A member of the management committee, other than the secretary, must be a
member of the association.
(3) At each annual general meeting of the association, the members of the
management committee must retire from office, but are eligible, on nomination,
for re-election.
ELECTING THE MANAGEMENT COMMITTEE
14. (1) A member of the management committee may only be elected as follows-
(a) any 2 members of the association may nominate another member (the
“candidate”) to serve as a member of the management committee;
(b) the nomination must be-
(i) in writing; and
(ii) signed by the candidate and the members who nominated him or her; and
(iii) given to the secretary at least 14 days before the annual general meeting
at which the election is to be held;
(c) each member present at the annual general meeting may vote for any number of
candidates not more than the number of vacancies;
(d) if, at the start of the meeting, there are not enough candidates
nominated, nominations may be taken from the floor of the
meeting.
(2) A list of the candidates’ names in alphabetical order, with the names of the
members who nominated each candidate, must be posted in a conspicuous place in
the office or usual place of meeting of the association for at least 7 days
immediately preceding the annual general meeting.
(3) If required by the management committee, balloting lists must be prepared
containing the names of the candidates in alphabetical order.
RESIGNATION OR REMOVAL FROM OFFICE OF MANAGEMENT COMMITTEE MEMBER
15. (1) A management committee member may resign from the
committee by giving written notice of resignation to the
secretary.
(2) The resignation takes effect on:-
(a) the day and at the time the notice is received by the secretary; or
(b) if a later day is stated in the notice – the later day.
(3) A member may be removed from office at a general meeting of the association
if a majority of the members present at the meeting vote in favour of removing
the member.
(4) Before a vote of members is taken about removing the member from office, the
member must be given a full and fair opportunity to show cause why he or she
should not be removed from office.
(5) A member has no right of appeal against the member’s removal from office
under this section.
VACANCIES ON MANAGEMENT COMMITTEE
16. (1) If a casual vacancy happens on the management committee,
the continuing members of the committee may appoint another
member of the association to fill the vacancy until the next
annual general meeting.
(2) The continuing members of the management committee may act despite a casual
vacancy on the management committee.
(3) However, if the number of committee members is less than the number fixed
under these rules as a quorum of the management committee, 8 the continuing
members may act only to-
(a) increase the number of management committee members to the number required
for a quorum; or
(b) call a general meeting of the association.
FUNCTIONS OF MANAGEMENT COMMITTEE
17. (1) Subject to these rules or a resolution of the association
members carried at a general meeting, the management
committee:-
(a) has the general control and management of the administration of the affairs,
property and funds of the association; and
(b) has authority to interpret the meaning of these rules and any matter
relating to the association on which the rules are silent.
(2) The management committee may exercise the powers of the association-
(a) to borrow, raise or secure the payment of amounts in a way the association
members decide; and
(b) to secure the amounts mentioned in paragraph (a) or the payments or
performance of any debt, liability, contract, guarantee or other engagement
incurred or to be entered into by the association in any way, including by the
issue of debentures (perpetual or otherwise) charged upon the whole or part of
the association’s property, both present and future; and
(c) to purchase, redeem or pay off any securities issued; and
(d) to borrow amounts from members and pay interest on the amounts borrowed; and
(e) to mortgage or charge the whole or part of its property; and
(f) to issue debentures and other securities, whether outright or as security
for any debt, liability or obligation of the association; and
(g) to provide and pay off any securities issued; and
(h) to invest in a way the members of the association may from time to time
decide.
(3) For sub-section (2) (d), the rate of interest must not be more than the
current rate being charged for overdrawn accounts on money lent (regardless of
the term of the loan) by -
(a) the financial institution for the association; or
(b) if there is more than 1 financial institution for the association – the
financial institution nominated by the association.
MEETINGS OF MANAGEMENT COMMITTEE
18. (1) Subject to subsections (2) to (16), the management committee may meet
and conduct its proceedings as it considers appropriate.
(2) The management committee must meet at least once every 4 months to exercise
its functions.
(3) The committee must decide how a meeting is to be called.
(4) Notice of a meeting is to be given in the way decided by the committee.
(5) If the secretary receives a written request signed by at least 33% of the
management committee members, the secretary must call a special meeting of the
committee.
(6) A request for a special meeting must state-
(a) why the special meeting is being called; and
(b) the business to be conducted at the meeting.
(7) At a management committee meeting, more than 50% of the members elected or
appointed to the committee as at the close of the last general meeting of the
members form a quorum.
(8) A question arising at a committee meeting is to be decided by a majority
vote of committee members present at the meeting and, if the votes are equal,
the question is decided in the negative.
(9) A management committee member must not vote on a question about a contract
or proposed contract with the association if the member has an interest in the
contract or proposed contract, and if the member does vote the member’s vote
must not be counted.
(10) The secretary must give each management committee member at least 14 days
notice of a special meeting of the committee.
(11) A notice of a special meeting must state:6:-
(a) the day, time and place of the meeting; and
(b) the business to be conducted at the meeting.
(12) The president or, if there is no president or if the president is not
present within 10 minutes after the time fixed for a management committee
meeting, the vice-president is to preside as chairperson at the meeting.
(13) If the president and the vice-president are absent from a management
committee meeting, the members may choose 1 of their number to preside as
chairperson at the meeting.
(14) If a quorum is not present within 30 minutes after the time fixed for a
management committee meeting called on the request of committee members, the
meeting lapses.
(15) If a quorum is not present within 30 minutes after the time fixed for a
management committee meeting called other than on the request of committee
members, the meeting is to be adjourned to-
(a) the same day, time and place in the next week; or
(b) a day, time and place decided by the committee.
(16) If, at the adjourned meeting mentioned is subsection (15), a quorum is not
present within 30 minutes after the time fixed for the meeting, the meeting
lapses.
DELEGATION OF MANAGEMENT COMMITTEE POWERS
19. (1) The management committee may delegate the whole or part of
its powers to a subcommittee consisting of the association
members considered appropriate by the committee.
(2) A subcommittee may only exercise delegated powers in the way the management
committee decides.
(3) A subcommittee may elect a chairperson of its meetings.
(4) If a chairperson is not elected, or if the chairperson is not present within
10 minutes after the time fixed for a meeting, the members present may choose 1
of their number to be chairperson of the meeting.
(5) A subcommittee may meet and adjourn as it considers appropriate.
(6) A question arising at a subcommittee meeting is to be decided by a majority
of the members present at the meeting and, if the votes are equal, the question
is decided in the negative.
ACTS NOT AFFECTED BY DEFECTS OR DISQUALIFICATIONS
20. (1) An act performed by the management committee, a
subcommittee or a person acting as a member of the
management committee is taken to have been validly
performed.
(2) Subsection (1) applies even if the act was performed when-
(a) there was a defect in the appointment of a member of the management
committee, subcommittee or person acting as a member of the management
committee; or
(b) a management committee member, subcommittee member or person acting as a
member of the management committee was disqualified from being a member.
RESOLUTION OF MANAGEMENT COMMITTEE WITHOUT MEETING
21. (1) A written resolution signed by each member of the
management committee for the time being entitled to receive
notice of a committee meeting is as valid and effectual as if it
had been passed at a committee meeting that was properly
called and held.
(2) A resolution mentioned in subsection (1) may consist of several documents in
like form, each signed by 1 or more members of the committee.
FIRST GENERAL MEETING
22. (1) The first general meeting must be held not less than 1 month,
and not more than 3 months, after the day the association is
incorporated.
(2) The management committee must decide where the meeting is to be held.
(3) The business to be conducted at the first general meeting must include the
appointment of an auditor.
FIRST ANNUAL GENERAL MEETING
23. The first annual general meeting must be held within 18 months after the day
the association is incorporated.
SUBSEQUENT ANNUAL GENERAL MEETINGS
24. Each subsequent annual general meeting must be held: -
(a) at least once each year; and
(b) within 6 months after the end of the association’s previous financial year.
BUSINESS TO BE CONDUCTED AT THE ANNUAL GENERAL MEETING
25. The following business must be conducted at each annual general meeting -
(a) receiving the statement of income and expenditure, assets, liabilities and
mortgages, charges and securities affecting the property of the association for
the last financial year;9
(b) receiving the auditors report on the financial affairs of the association
for the last financial year;
(c) presenting the audited statement to the meeting for adoption;
(d) electing members of the management committee;
(e) appointing an auditor.
SPECIAL GENERAL MEETING
26. (1) The secretary may only call a special general meeting by
giving each member notice of the meeting within 14 days
after-
(a) being directed to call the meeting by the management committee; or
(b) being given a written request signed by-
(i) at least 33% of the members of the association presently on the management
committee; or
(ii) at least the number of ordinary members of the association equal to double
the number of members of the association presently on the management committee
plus 1; or
(c) being given a written notice of an intention to appeal against the decision
of the management committee:-
(i) to reject an application for membership; or
(ii) to terminate a person’s membership.
(2) A request mentioned in subsection (1)(b) must state-
(a) why the special general meeting is being called; and
(b) the business to be conducted at the meeting.
NOTICE OF GENERAL MEETING
27. (1) The secretary may call a general meeting of the association.
(2) The secretary must give at least 14 days notice of the meeting to each
association member.
(3) The management committee may decide the way in which the notice must be
given.
(4) However, notice of the following meetings must be given in writing-
(a) a meeting called to hear and decide the appeal of a member against the
rejection or termination of the member’s membership by the management committee;
or
(b) a meeting called to hear and decide a proposed special resolution of the
association.
(5) A notice of a general meeting must state the business to be conducted at the
meeting.
QUORUM FOR, AND ADJOURNMENT OF, GENERAL MEETING
28. (1) Subject to subsection (5) at a general meeting the number of
members equal to double the number of members of the
association presently on the management committee plus 1
form a quorum.
(2) No business may be conducted at a general meeting unless a quorum of members
is present when the meeting proceeds to business.
(3) If a quorum is not present within 30 minutes after the time fixed for a
general meeting called on the request of members of the management committee or
the association, the meeting lapses.
(4) If a quorum is not present within 30 minutes after the time fixed for a
general meeting called other than on the request of members of the management
committee or the association, the meeting is to be adjourned to -
(a) the same day, time and place in the next week; or
(b) a day, time and place decided by the management committee.
(5) If at an adjourned meeting, a quorum under subsection (1) is not present
within 30 minutes after the time fixed for the meeting, the members present form
the quorum.
(6) The chairperson may, with the consent of any meeting at which a quorum is
present, and must if directed by the meeting, adjourn the meeting from time to
time and from place to place.
(7) If a meeting is adjourned under subsection (6), only the business left
unfinished at the meeting from which the adjournment took place may be conducted
at the adjourned meeting.
(8) The secretary is not required to give the members notice of an adjournment
or of the business to be conducted at an adjourned meeting unless a meeting is
adjourned for at least 30 days.
(9) If a meeting is adjourned for at least 30 days, notice of the adjourned
meeting must be given in the same way notice is given for an original meeting.
(10) In this rule -
“member” includes a person attending as a proxy or representing a corporation
that is a member.
PROCEDURE AT GENERAL MEETING
29. (1) Subject to these rules, at each general meeting-
(a) the president or, if there is no president or if the president is not
present within 15 minutes after the time fixed for the meeting or is unwilling
to act, the vice-president is to preside as chairperson; and
(b) if the vice-president is absent or unwilling to act as chairperson, the
members present must elect 1 of their number to be chairperson of the meeting;
and
(c) the chairperson must conduct the meeting in a proper and orderly way; and
(d) each question, matter or resolution must be decided by a majority of votes
of the members present; and
(e) each member present and entitled to vote is entitled to 1 vote only and, if
the votes are equal, the chairperson has a casting vote as well as a primary
vote; and
(f) a member is not entitled to vote at a general meeting if the member’s annual
subscription is in arrears at the date of the meeting; and
(g) voting may be by a show of hands or a division of members, unless at least
20% of the members present demand a secret ballot; and
(h) if a secret ballot is held, the chairperson must appoint 2 members to
conduct the secret ballot in the way the chairperson decides; and
(i) the result of a secret ballot as declared by the chairperson is taken to be
a resolution of the meeting at which the ballot was held; and
(j) a member may vote in person or by proxy or by attorney and-
i) on a show of hands, each person present who is a
member or a representative of a member has 1 vote;
and
ii) in a secret ballot, each member present in person or
by proxy or by attorney or other properly authorised
representative has 1 vote; and
(k) an instrument appointing a proxy must be in writing; and-
i) if the appointer is an individual – signed by the
appointor or the appointor’s attorney properly
authorised in writing; or
ii) if the appointor is a corporation – either under seal or
signed by a properly authorised officer or attorney of
the corporation; and
(l) a proxy may be a member of the association or another person; and
(m) the instrument appointing a proxy is taken to confer authority to demand or
join in demanding a secret ballot; and
(n) if someone wants to give a member an opportunity to vote for or against a
resolution, the instrument appointing a proxy must be in the following or like
form-
CANEFIELDS CLUBHOUSE BEENLEIGH INC.
I,__________________________________________________
Of_________________________________________________
being a member of the association
appoint ____________________________________________
of _________________________________________________
as my proxy to vote for me on my behalf at the (annual) general
meeting of the association to be held on
the ___________day of _______________ 20 ___
and at any adjournment of the meeting.
Signed this ____________ day of _________________ 20 ___
Signature:______________________
* in favour of
This form is to be used the resolution.
*against
* Strike out whichever is not wanted. (Unless otherwise instructed, the proxy
may vote as the proxy considers appropriate.); and
(o) each instrument appointing a proxy must be given to the secretary before the
start of the meeting or adjourned meeting at which the person named in the
instrument proposes to vote; and
(p) the secretary must ensure full and accurate minutes of all questions,
matters, resolutions and other proceedings of each management committee meeting
and general meeting are entered in a minute book; and
(q) the secretary must ensure the minute book for each general meeting is open
for inspection at all reasonable times by any financial member who previously
applies to the secretary for the inspection.
(2) To ensure the accuracy of the minutes recorded under subsection (1) (p)-
(a) the minutes of each management committee meeting must be signed by the
chairperson of the meeting, or the chairperson of the next management committee
meeting, verifying their accuracy; and
(b) the minutes of each general meeting must be signed by the chairperson of the
meeting, or the chairperson of the next general meeting, verifying their
accuracy; and
(c) the minutes of each annual general meeting must be signed by the chairperson
of the meeting, or the chairperson of the next meeting of the association that
is a general meeting or annual general meeting, verifying their accuracy.
BY LAWS
30. (1) The management committee may make, amend or repeal by- laws, not
inconsistent with these rules, for the internal management of the association.
(2) A by-law may be set aside by a vote of members at a general meeting of the
association.
ATLERATION OF RULES
31.
(1) Subject to the Association’s Incorporation Act 1981, these rules may be
amended, repealed or added to by a special resolution
carried at a general meeting.
(2) However an amendment, repeal or addition is valid only if it is registered
by the chief executive.
COMMON SEAL
32. (1) The management committee must ensure the association has a
common seal.
(2) The common seal must be-
(a) kept securely by the management committee; and
(b) used only under the authority of the management committee.
(3) Each instrument to which the seal is attached must be signed
by a member of the management committee and countersigned
by:-
(a) the secretary; or
(b) another member of the management committee; or
(c) someone appointed by the management committee.
FUNDS AND ACCOUNTS
33. (1) The funds of the association must be kept in an account in the
name of the association in a financial institution decided by the
management committee.
(2) Records and accounts must be kept in the English language showing full and
accurate particulars of the financial affairs of the association.
(3) All amounts must be deposited in the financial institution account as soon
as practicable after receipt.
(4) If an amount of $100 or more is paid by cheque, the cheque must be signed by
any 2 of the following:-
(a) the president;
(b) the secretary;
(c) the treasurer;
(d) another person authorised by the management committee for the purpose.
(5) Cheques, other than cheques for wages, allowances or petty cash recoupment,
must be crossed ‘not negotiable’.
(6) A petty cash account must be kept on the imprest system, and the management
committee must decide the amount of petty cash to be kept in the account.
(7) All expenditure must be approved or ratified at a management committee
meeting.
(8) The treasurer must, as soon as practicable after the end of each financial
year, ensure a statement containing the following particulars is prepared:-
(a) the income and expenditure for the financial year just ended;
(b) the association’s assets and liabilities at the close of the year;
(c) the mortgages, charges and securities affecting the property of the
association at the close of the year.
(9) If the association is incorporated within three months before the end of the
association’s financial year, subsection (8) does not apply for the financial
year in which the association is incorporated.
(10) The auditor must examine the statement prepared under subsection (8) and
present a report about it to the secretary before the next annual general
meeting following the financial year for which the audit was made.
(11) The income and property of the association must be used solely in promoting
the association’s objects and exercising the association’s powers.
ESTABLISHMENT AND OPERATION OF GIFT FUND
Maintaining Gift Fund
34. The Association will maintain a Gift Fund which shall be named Canefields
Clubhouse Beenleigh Inc Gift Fund:-
(a) to which gifts of money or property for that purpose are to be
made;
(b) to which any money received by the Association because of those gifts is to
be credited; and
(c) that does not receive any other money or property
Limits on use of Gift Fund
35. The Association must use the following for the Principal Purpose of the
entity:
(a) gifts made to the Gift Fund;
(b) any money received because of those gifts.
Winding up
36. If the Gift Fund is wound up or if the endorsement (if any) of the
Association as a deductible gift recipient is revoked, any surplus assets of the
Gift Fund remaining after payment of liabilities attributable to it shall be
transferred to a fund, authority or institution to which income tax deductible
gifts can be made under Subdivision 30-B of the Income Tax Assessment Act 1997.
Bank Account
37. The Association must maintain a separate bank account for the Gift Fund.
Gift Fund forms part of the Association
38. It is declared that the Gift Fund forms part of the Association.
DOCUMENTS
39. The management committee must ensure the safe custody of books, documents,
instruments or title and securities of the association.
FINANCIAL YEAR
40. The financial year of the association shall close on 30 June in each year.
DISTRIBUTION OF SURPLUS ASSETS TO
ANOTHER ENTITY
41. This section applies if the incorporated association:-
(a) is wound-up under part 10 of the Act10; and
(b) it has surplus assets.
(2) The surplus assets must not be distributed among the association members.
(3) The surplus assets must be given to another entity:-
(a) having objects similar to the incorporated association’s objects; and
(b) the rules of which prohibit the distribution of the entity’s income and
assets to its members.
(4) The entity to which the assets are given must be an entity which is approved
by the Commissioner of Taxation as a public benevolent institution for the
purposes of any Commonwealth Taxation Act.
(5) In this section:- “surplus assets” has the meaning given by section 92(3)11
of the Act.
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