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Constitution of the Australasian Association of College and University Housing Officers Incorporated (as amended 30 April 2007) PART I PRELIMINARY 1. (1) In this constitution, except in so far as the context or subject matter otherwise Indicates or requires -"ordinary member" means a member of the committee who is not an office-bearer of the association, as referred to in rule 13(2); Secretary means - (a) The person holding office under this constitution as secretary of the association: or (b) Where no person holds that office - the public officer of the association; “Special General Meeting" means a general meeting of the Association other than annual general meeting: "The AIC” means the Associations Incorporation Act, 1984; "The Regulation" means the Associations Incorporation Regulation, 1985. (2) In this constitution (a) A reference to a function includes a reference to a power, authority and duty, and (b) A reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) The provisions of the Interpretation Act, 1987, apply to and in respect of this Constitution in the same manner as those provisions would so apply if this Constitution were an instrument made under the Act. PART 11 NAME AND OBJECTIVES 2. NAME The name of this organisation shall be the Australasian Association of College and University Housing Officers Incorporated (hereafter referred to as A.A.C.U.H.O.) 3. OBJECTIVES The objectives of A.A.C.U.H.O. shall be: (i) To contribute to the Improvement and co-ordination of housing, residence life and food service operations for students and professional staff in post-secondary education institutions. (ii) To sponsor those activities and services which will assist its members and provide them with a means of exchanging and distributing professional Information and ideas relating to the administration of the physical, financial, social and educational phases of housing and associated activities in the field of post- secondary education (iii) To co-operate with other organisations in the fields of housing, food service and related areas in post- secondary education institutions (iv) To support and encourage the professional development of its members. 4. SERVICES AND ACTIVITIES (i) A.A.C.U.H.O. will hold conferences which shall be open to all members. The time and place of any conference shall be determined by resolution of the Executive Committee. (ii) A.A.C.U.H.O will publish a newsletter to distribute information and ideas throughout the membership and provide recognition to members for contributions which improve the management of student housing services and programs. (iii) A.A.C.U.H.O. will provide or support other activities and services necessary to achieve its objectives. PART III MEMBERSHIP 5. MEMBERSHIP QUALIFICATIONS A person is qualified to be a member of the association if, but only if: (a) the person is a person referred to in section 15(1)(a), (b) or (c) of the Act and has not ceased to be a member of the association at any time after incorporation of the association under the Act; or (b) the person is a natural person who- (i) has been nominated for membership of the association as provided by Clause 6; and (ii) has been approved for membership of the association by the committee of the association (c) A person shall be eligible for nomination for membership if they are involved in the co-ordination of administration, educational programming, residence life programming, food service, housing and maintenance operations for students and staff members on or off campus in post-secondary education institutions. (d) Membership shall be open to qualified individuals in Australia, New Zealand, Papua New Guinea and Fiji. Individuals in other nations may be admitted to membership be resolution of the Executive Committee. Permanent extension of the geographic boundaries of A.A.C.U.H.O. shall be by resolution at an Annual or Special General Meeting. (e) Members of overseas organisations, whose coverage, aims and objectives are predominantly the same as AACUHO will be considered members of AACUHO for the purpose of registering for and attending specific activities such as the annual conference. The committee of the association retains the discretion to preclude any activity from this clause. (f) Individuals in government, non-profit or commercial organisations engaged in activities directly related to the objectives of A.A.C.U.H.O. may be granted affiliate membership by resolution of the Executive Committee. Affiliate members shall not be eligible to vote in A.A.C.U.H.O. meetings or ballots or hold office in the association. (g) Honorary membership may be awarded by resolution of an Annual or Special General Meeting of A.A.C.U.H.O. to members who have given outstanding service to A.A.C.U.H.O. The number of honorary members shall not exceed 10 (ten) at any time. (h) Membership in A.A.C.U.H.O. and its committees is open to all eligible persons regardless of race, colour, gender, age, religion, national origin, sexual preference, physical and/or mental handicap. 6 NOMINATION FOR MEMBERSHIP (1) A nomination of a person for membership of the association; (a) Shall be made by a member of the association in writing in the form set out in Appendix 1 to these rules: and (b) Shall be lodged with the secretary of the association. (2) As soon as practicable after receiving a nomination for membership, the secretary shall refer the nomination to the committee which shall determine whether to approve or to reject the nomination. (3) Where the committee determines to approve a nomination for membership, the secretary shall, as soon as practicable after that determination, notify the nominee of that approval and request the nominee to pay within the period of 28 days after receipt by the nominee of the notification the sum payable under these rules by a member as entrance fee and annual subscription. (4) The secretary shall, on payment by the nominee of the amounts referred to in clause (3) within the period referred to in that clause, enter the nominee's name in the register of members and upon the name being so entered, the nominee becomes a member of the association. 7 CESSATION OF MEMBERSHIP A person ceases to be a member of the association if the person (a) dies (b) resigns that membership: or (c) is expelled from the association 8 MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE A right, privilege or obligation which a person has by reason of being a member of the association (a) is not capable of being transferred or transmitted to another person: and (b) terminates upon cessation of the person's membership. 9 RESIGNATION OF MEMBERSHIP (1) A member of the association is not entitled to resign that membership except in accordance with this clause. (2) A member of the association who had paid all amounts payable by the member to the association in respect of the member's membership may resign from membership of the association by first giving notice (being not less than 1 month or not less than such other period as the committee may determine) in writing to the secretary of the member's intention to resign and, upon the expiration of the period of notice, the member ceases to be a member. (3) Where a member of the association ceases to be a member pursuant to clause (2) and in every other case where a member ceases to hold membership, the secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member. 10 REGISTER OF MEMBERS (1) The public officer of the association shall establish and maintain a register of members of the association specifying the name and address of each person who is a member of the association together with the date on which the person became a member. (2) The register of members shall be kept at the principal place of administration of the association and shall be open for inspection, free of charge, by any member of the association at any reasonable hour. 11 FEES, SUBSCRIPTIONS, ETC. (1) A member of the association shall upon admission to membership, pay to the association a fee of $5 or, where some other amount is determined by the committee, of that other amount. (2) In addition to any amount payable by the member under clause (1), a member of the association shall pay to the association an annual membership fee of $20 or, where some other amount is determined by the committee, of that other amount (a) except as provided by paragraph (b), before 1st July in each calendar year; or (b) where the member becomes a member on or after 1st July in any calendar year – upon becoming a member and before 1st July in each succeeding calendar year. 12 MEMBERS' LIABILITIES The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the cost, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member In respect of membership of the association as required by rule 8. 13 DISCIPLINING OF MEMBERS (1) Where the committee is of the opinion that a member of the association (a) has persistently refused or neglected to comply with a provision or provisions of this constitution; or (b) has persistently and willfully acted in a manner prejudicial to the interests of the association, the committee may, by resolution (c) expel the member from the association; or (d) suspend the member from membership of the association for a specified period. (2) A resolution of the committee under clause (1) is of no effect unless the committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under clause (3), confirms the resolution in accordance with this constitution. (3) Where the committee passes a resolution under clause (1), the secretary shall, as soon as practicable, cause a notice in writing to be served on the member (a) setting out the resolution of the committee and the grounds on which it is based; (b) stating that the member may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice; (c) stating the date, place and time of that meeting; and (d) informing the member that the member may do either or both of the following: (i) attend and speak at that meeting; (ii) submit to the committee at or prior to the date of that meeting written representations relating to the resolution. (4) At a meeting of the committee held as referred to in clause (3), the committee shall (a) give to the member an opportunity to make oral representation; (b) give due consideration to any written representations submitted to the committee by the member at or prior to the meeting; and (c) by resolution determine whether to confirm or to revoke the resolution. (5) Where the committee confirms a resolution under clause (4), the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of the fact and of the member's right of appeal under rule II. (6) A resolution confirmed by the committee under clause (4) does not take effect (a) until the expiration of the period, within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or (b) where within that period the member exercises the right of appeal, unless and until the association confirms the resolution pursuant to clause 11(4). 14 RIGHT OF APPEAL OF DISCIPLINED MEMBER (1) A member may appeal to the association in general meeting against a resolution of the committee which is confirmed under clause 10(4), within 7 days after notice of the resolution is served on the member by lodging with the secretary a notice to that effect. (2) Upon receipt of a notice from a member under clause (1), the secretary shall notify the committee which shall convene a general meeting of the association to be held within 21 days after the date on which the secretary received the notice. (3) At a general meeting of the association convened under clause (2), (a) no business other than the question of the appeal shall be transacted; (b) the committee and the member shall be given the opportunity to state their respective cases orally or in writing, or both; and (c) the members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked. (4) If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed. PART IV THE COMMTTEE 15 POWERS ETC. OF THE COMMITEE The committee shall be called the Executive Committee of the association and, subject to the Act, the Regulation and these rules and to any resolution passed by the association in general meeting (a) shall control and manage the affairs of the association; (b) may exercise all such functions as may be exercised by the association other than those functions that are required by these rules to be exercises by a general meeting of the association; and (c) has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the association. 16 CONSTITUTION AND MEMBERSHIP (1) Subject in the case of the first members of the committee to section 21 of the Act, the executive committee shall consist of (a) the office-bearers of the association; and (b) not more than 7 ordinary members. The office bearers shall be referred to as the Executive and the entire committee including the office bearers shall be referred to as either the Committee or the Executive Committee. As far as possible the Executive Committee shall comprise one member from each state and Territory of Australia plus three other members, each of whom shall be elected at the annual general meeting of the association pursuant to rule 14. (2) The office-bearers of the association shall be - (a) President; (b) Vice-President; (c) Treasurer; (d) Secretary. (3) Each member of the executive committee shall, subject to these rules, hold office until the conclusion of the annual general meeting following the date of the member's election but is eligible for re-election, except that no office-bearer shall hold the same office for more than three years consecutively. (4) In the event of a casual vacancy occurring in the membership of the executive committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment. 17 ELECTION OF MEMBERS (1) Nominations of candidates for election as office-bearers of the association or as ordinary members of the committee (a) shall be made in writing, signed by 2 members of the association 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 association not less than 14 days before the date fixed for the holding of the annual general meeting at which the election is to take place. Nominations and candidates consents may be lodged by electronic means (c) the Secretary shall forward to all members a list of nominees for the Executive Committee together with a short biography at least 7 days prior to the Annual General Meeting. (2) If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting. (3) If insufficient further nominations are received any vacant positions remaining on the committee shall be deemed to be casual vacancies. (4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected. (5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held. (6) The ballot for the election of office-bearers and ordinary members of the committee shall be conducted at the annual general meeting in such usual and proper manner as the committee may direct. (7) A candidate can be nominated for more than one position on the Executive Committee, however upon election to a position; all other nominations by that candidate to other positions shall become void. 18 SECRETARY (1) The Secretary of the association shall, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address. (2) It is the duty of the secretary to keep minutes of (a) all appointments of office-bearers and members of the committee; (b) the names of members of the committee present at a committee meeting or a general meeting; and (c) all proceedings at committee meetings and general meetings. (3) Minutes of proceedings at a meeting shall be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting. 19 TREASURER It is the duty of the treasurer of the association to ensure that (a) All money due to the association Is collected and received and that all payments authorised by the association are made; and (b) Correct books and accounts are kept showing the financial affairs of the association including full details of all receipts and expenditure connected with the activities of the association. 20 CASUAL VACANCIES For the purposes of these rules, a casual vacancy in the office of member of the committee occurs if the member (a) dies; (b) ceases to be a member of the association (c) becomes insolvent under administration within the meaning of the Companies (New South Wales) Code; (d) resigns office by notice in writing given to the secretary; (e) is removed from office under rule 18; (f) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or (g) is absent without the consent of the committee from all meetings of the committee held during a period of 6 months. 21 REMOVAL OF MEMBER (1) The association In a general meeting may be resolution remove any member of the committee from the office of member before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed. (2) Where a member of the committee to whom a proposed resolution referred to in clause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered. 22 MEETINGS AND QUORUM The committee shall meet at least 3 times in each period of 12 months at such place and time as the committee may determine. (1) Additional meetings of the committee may be convened by the president or by any member of the committee. (2) Oral or written notice of a meeting of the committee shall be given by the secretary to each member of the committee at least 48 hours (or such other period as may be unanimously agreed upon by the members of the committee) before the time appointed for the holding of the meeting. (3) Notice of a meeting given under clause (3) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business. (4) Any 3 members of the committee, including at least 1 office-bearer, constitute a quorum for the transaction of the business of a meeting of the committee. (5) No business shall be transacted by the committee unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place and at the same hour of the same day in the following week. (6) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall be dissolved. (7) At the meeting of the committee (a) the president or, in the president's absence, the vice-president shall preside; or (b) if the president and the vice-president are absent or unwilling to act such one of the remaining members of the committee as may be chosen by the members present at the meeting shall preside. 23 DELEGATION BY COMMITEE TO SUB-COMMITTEE (1) The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the association as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than (a) this power of delegation: and (b) a function which is a duty imposed on the committee by the Act or by any other law. (2) A function the exercise of which has been delegated to a sub-committee under this clause may, while the delegation remains un-revoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation. (3) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified In the instrument of delegation. (4) Notwithstanding any delegation under this clause, the committee may continue to exercise any function delegated. (5) Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by the committee. (6) The committee may, by instrument in writing, revoke wholly or in part any delegation under this clause. (7) A sub-committee may meet and adjourn as it thinks proper. 24 VOTING AND DECISIONS (1) Questions arising at a meeting of the committee or of any sub-committee appointed by the committee shall be determined by a majority of the votes of members of the committee or sub-committee present at the meeting. (2) Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) Is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote. (3) Subject to rule 19(5), the committee may act notwithstanding any vacancy on the committee. (4) Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub- committee. PART V GENERAL MEETINGS 25 ANNUAL GENERAL MEETING - HOLDING OF (1) With the exception of the first annual general meeting of the association, the association shall, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members. (2) The association shall hold its first annual general meeting (a) within the period of 18 months after its incorporation under the Act; and (b) within the period of 2 months after the expiration of the first financial year of the association. (3) Clauses (1) and (2) have effect subject to any extension or permission granted by the Commission under section 26(3) of the Act. 26 ANNUAL GENERAL MEETING - CALLING OF AND BUSINESS AT (1) The annual general meeting of the association shall, subject to the Act and to clause 25, be convened on such date and at such place and time as the committee thinks fit. (2) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting shall be (a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting; (b) to receive from the Executive committee reports upon the activities of the association during the last preceding financial year; (b) to elect office-bearers of the association and ordinary members of the committee; and (c) to receive and consider the statement which is required to be submitted to members pursuant to section 2 6(6) of the Act. (3) An annual general meeting shall be specified as such in the notice convening it. 27 SPECIAL GENERAL MEETINGS - CALLING OF (1) The committee may, whenever it thinks fit, convene a special general meeting of the association. (2) The committee shall, on the requisition in writing of not less than 5 per cent of the total number of members, convene a special general meeting of the association. (3) A requisition of members for a special general meeting (a) shall state the purpose or purposes of the meeting; (b) shall be signed by the members making the requisitions; (c) shall be lodged with the secretary; and (d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition. (4) If the committee fails to convene a special general meeting to be held within 1 month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date. (5) A special general meeting convened by a member or members as referred to in clause (4) shall be convened as nearly as is practicable in the same manner as general meetings are convened by the committee and any member who thereby Incurs expense is entitled to be reimbursed by the association for any expense so incurred. 28 NOTICE (1) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary shall, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent by pre-paid post to each member at the member's address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting. (2) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary shall, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be sent to each member in the manner provided in clause (1). specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution (3) No business other than that specified In the notice convening a general meeting shall be transacted a the meeting except in the case of an annual general meeting, business which ay be transacted pursuant to clause 26(2). (4) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who shall include that business in the next notice calling a general meeting given after receipt of the notice from the member. 29 PROCEDURE (1) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that Item. (2) Five members present in person (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting. (3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting If convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the following week at the time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place. (4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 3) shall constitute a quorum. 30 PRESIDING MEMBER (1) The president or in the president's absence, the vice president, shall preside as chairperson at each general meeting of the association. (2) If the president and the vice-president are absent from a general meeting or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting. 31 ADJOURNMENT (1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of 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 the business left unfinished at the meeting at which the adjournment took place. (2) Where a general meeting is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting. (3) Except as provided in clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to b given. 32 MAKING OF DECISIONS (1) A question arising at a general meeting of the association shall be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried by or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution. (2) At a general meeting of the association, a poll may be demanded by the chairperson or by not less than 3 members present in person or by proxy at the meeting. (3) Where a poll is demanded at a general meeting, the poll shall be taken (a) immediately in the case of a poll which relates to the election of the chairperson or the meeting or to the question of an adjournment; or (b) in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter. 33 SPECIAL RESOLUTION A resolution of the association is a special resolution if: (a) it is passed by a majority which comprises not less than three-quarters of such members of the association as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which not less than 21 days written notice specifying the Intention to propose the resolution as a special resolution was given In accordance with these rules; or (b) where it is made to appear to the Commission that it is not possible or practicable for the resolution to be passed in the manner specified in paragraph (a) - the resolution Is passed In a manner specified by the Commission. 34 VOTING (1) Upon any question arising at a general meeting of the association a member has one vote only. (2) All votes shall be given personally or by proxy but no member may hold more than 5 proxies. (3) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote. (4) A member or proxy is not entitled to vote at any general meeting of the association unless all money due and payable by, the member or proxy to the association has been paid, other than the amount of the annual subscription payable in respect of the then current year. 35 APPOINTMENT OF PROXIES (1) Each member shall be entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed. (2) The notice appointing the proxy shall be in the form set out in Appendix 2 to these rules. PART V1 MISCELLANEOUS 36 INSURANCE (1) The association shall effect and maintain insurance pursuant to section 44 of the Act. (2) In addition to the insurance required under clause (1), the association may effect and maintain other insurance. 37 FUNDS-SOURCE (1) The funds of the association shall be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association In general meeting, such other sources as the committee determines. (2) All money received by the association shall be deposited as soon as practicable and without deduction to the credit of the association's bank account. (3) The association shall, as soon as practicable after receiving any money, issue an appropriate receipt. 38 FUNDS - MANAGEMENT (1) Subject to any resolution passed by the association in general meeting, the funds of the association shall be used in pursuance of the objects of the association in such manner as the committee determines. (2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any 2 members of the committee or employees of the association, being members or employees authorised to do so by the committee. 39 ALTERATION OF OBJECTS AND CONSTITUTION The statement of objects and this constitution may be altered, rescinded or added to only by a special resolution of the association. 40 COMMON SEAL (1) The common seal of the association shall be kept in the custody of the public officer. (2) The common seal shall not be affixed to any instrument except by the authority of the committee and the affixing of the common seal shall be attested by the signatures either of 2 members of the committee or of 1 member of the committee and of the public officer or secretary, 41 CUSTODY OF BOOKS, ETC. Except as otherwise provided by these rules, the public officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the association. 42 INSPECTION OF BOOKS, ETC. The record books and other documents of the association shall be open to inspection, free of charge by a member of the association at any reasonable hour. 43 SERVICE OF NOTICES (1) For the purpose of these rules, a notice may be served by or on behalf of the association upon any member either personally or by sending it by post to the member at the member's address shown in the register of members. (2) Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post. 44 SURPLUS PROPERTY (1) At the first general meeting of the association, the association shall pass a special resolution nominating an incorporated association as the association in which to vest its surplus property pursuant to section 53(2) of the Act in the event of the winding up or the cancellation of the incorporation of the association. (2) The incorporated association so nominated shall be one which fulfils the requirements specified in section 53(2) (a) -(c) of the Act. |
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