Club Constitution
PART 1
1. INTERPRETATION
1.1 In these rules, except insofar as the context or subject matter otherwise indicates or requires:
“the club” means,
The Rare Breed 4WD and Outdoor Recreation Club
“ordinary member” means, a member of the club who is not an office bearer of the club, as referred to in rule 15.2 secretary means,
(a) the person holding office under these rules as secretary of the club, or (b) where no such person holds office, the public officer of the club.
special general meeting” means, a general meeting of the club other than an annual general meeting.
“the Act’ means, the Associations Incorporation Act, 1984.
“the Regulation’ means, the Associations Incorporation Regulation, 1985.
1.2 In these rules;
(a) The 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 1 3 The provisions of the Interpretation Act, 1897. apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.
PART II
2. AIMS
2.1 To conduct trips on an organised, responsible and safe basis and to adhere to the code of ethics as listed in Appendix “A”.
2.2 To enable members to obtain a better knowledge of their vehicle and its capabilities and to increase their skill in the use thereof by acting as an advisory body.
2.3 To assist statutory bodies and voluntary organisations when required.
2.4 To establish a strong rapport with the club’s sponsors.
2.5 To establish a rapport with other organisations which share similar interests to this club.
2.6 To facilitate the above aims the club is empowered, through its committee, to raise funds by legal means.
3. MEMBERSHIP QUALIFICATIONS
3.1 A person is qualified to be a member of the Club if, and 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 club at any time after incorporation of the club under the Act; or (b) The person is a natural person who;
i) Has been nominated for membership of the club provided by rule 4; and
ii) Has been approved for membership of the club by the committee of the club.
iii) Has fulfilled the obligations as set by the committee, on the application form
iv) Is interested in the furtherance of the aims of the club.
4. NOMINATION FOR MEMBERSHIP
4.1 A nomination of a person for membership of the club;(a) shall be made by a member of the club in writing in the form set out in Appendix “B to these rules, and (b) shall be lodged with the secretary of the club.
4.2 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 reject the nomination.
4.3 Where the committee determines to approve the nomination for membership, the secretary shall, as soon as practical after that determination, notify the nominee of that approval or rejection and approved request the nominee to pay within one calendar month after receipt by the nominee of the notification, the sum payable under these rules by a member as entrance fee and annual subscription.
4.4 The secretary shall, on payment by the nominee of the amounts referred to in clause 4.3 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 club.
4.5 Visitors are limited to 3 meetings in any one club year.
5. CESSATION OF MEMBERSHIP
5.1 A person ceases to be a member of the club if the persona) dies; b) resigns that membership. c) is expelled from the club., or d) defaults on the payment of their fees by the end of the December meeting of each year, or in any event not later than the 1 0th December.
6. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
6.1 A right, privilege, or obligation which a person has by reason of being a member of the club. a) is not capable of being transferred or transmitted to another person; and b) terminates upon cessation of the person’s membership.
7. TYPES OF MEMBERSHIP
7.1 Family membership. shall be two adult persons as nominated on the membership application form, and shall be covered by the one annual fee, and each shall be classified as members.
7.2 Single membership. shall be one person as nominated on the membership application form and being of legal age to hold a New South Wales Motor Vehicle Drivers Licence.
7.3 Life membership: Life membership shall be conferred upon a member in recognition of outstanding and exceptional services to the club over a considerable period of time. The recipient shall be titled “Life member” and shall be entitled to all member privileges whilst being exempted from all membership subscriptions. This definition is to be construed broadly so as to include family membership. Election of a life member is to be considered at an Annual General Meeting only and shall require a majority of at least two-thirds of those members present and entitled to vote. Nominations for life membership shall be in writing from at least 25 members.
8. RESIGNATION OF MEMBERSHIP
8.1 A member of the club is not entitled to resign that membership except in accordance with this rule.
8.2 A member of the club who has paid all amounts payable by the member to the club in respect of the member’s membership may resign from membership of the club 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 members intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.
8.3 Where a member of the club ceases to be a member pursuant to clause 8.2 and in every other case where a member ceases to hold membership, the secretary shall make appropriate entry in the register of members recording the date on which the member ceased to be a member.
8.4 When a membership ceases there will be no refund of membership fees to that member.
9. REGISTER OF MEMBERS
9.1 The committee shall nominate a member to establish and maintain a register of members of the club specifying the name and address of each person who is a member of the club together with the date on which the person became a member.
9.2 The register of members shall be kept at the secretary’s place of residence and shall be open for inspection, free of charge, by any member of the club at any reasonable hour.
10. FEES, SUBSCRIPTIONS ETC
10. 1 A member of the club shall, upon admission to membership, pay to the club a fee of $9.00 or, where some other amount is determined by the committee, of that other amount.
-10.2 In addition to any amount payable by the member under clause 10. 1 a member of the club shall pay to the club an annual membership fee of $20.00 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. c) new members joining after 1st January in any calendar year will pay a reduced annual fee calculated at one half of the normal fee set out paragraph 10.2.
11. MEMBER’S LIABILITIES
11. 1 The liability of a member of the club to contribute the payment of the debts and liabilities of the club or the costs, charges and expenses of the winding up of the club is limited to the amount, if any, unpaid by the member in respect of membership of the club as required by rule 10.
12. DISCIPLINING OF MEMBERS
12.1 Where the committee is of the opinion that a member of the club-a) has persistently refused or neglected to comply with a provision or provisions of these rules.’ orb) has persistently and wilfully acted in
- a manner prejudicial to the interests of the club, the committee may, by resolution i) expel the member from the club; or ii) suspend the member from membership of the club for a specified period.
12.2 A resolution of the committee under clause 12.1 is of no effect unless the committee, at a meeting held not earlier than 14 days and no later than 28 days after service on the member of a notice under clause 12.3, confirms the resolution in accordance with this rule.
12.3 Where the committee passes a resolution under clause 12.1, 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,
1) attend and speak at that meeting:
2) submit to the committee at or prior to the date of that meeting written representation relating to the resolution.
12.4 At a meeting of the committee held as referred to in clause 12.3 the committee shall:
a) give to the member an opportunity to make oral representations;
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.
12.5 Where the committee confirms a resolution under clause 12.4 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 13.
12.6 A resolution confirmed by the committee under clause 12.4 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 club confirms the resolution pursuant to rule 13-4.
13. RIGHT OF APPEAL OF DISCIPLINED MEMBER
13.1 A member may appeal to the club in general meeting against a resolution of the committee which is confirmed under rule 12.4, within 7 days after notice of the resolution is served on the member by lodging with the secretary a notice to that effect
13.2 Upon receipt of a notice from a member under clause 13.1 the secretary shall notify the committee which shall convene a general meeting of the club to be held within 21 days after the date on which the secretary received the notice.
13.3 At a general meeting of the club convened under clause 1 12(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 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.
13.4 If at the general meeting the club passes a special resolution in favour of the confirmation of the confirmation of the resolution, the resolution is confirmed.
PART III THE COMMITTEE
14. POWERS, ETC. OF COMMITTEE
14.1 The committee shall be called the committee of management of the club and, subject to the Act, the Regulation and these rules and to any resolution passed by the club in general meeting. (a) shall control and manage the affairs of the club., b) may exercise all such functions as may be exercised by the club other than those functions that are required by these rules to be exercised by a general meeting of members of the club., 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 club.
15. CONSTITUTION AND MEMBERSHIP
15.1 Subject in the case of the first members of the committee to section (23) of the Act, the committee shall consist of (a) the office-bearers of the club; and b) 5 ordinary members each of whom shall be elected at the annual general meeting of the club pursuant to rule 16
15.2 The office-bearers of the club shall be-a) the president, b) the vice president, c) the treasurer. d) the secretary and e) the editor.
15.3 Each member of the 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.
15.4 In the event of a casual vacancy occurring in the membership of the committee may appoint a member of the club (excluding a present committee member) 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.
16. ELECTION OF MEMBERS OF COMMITTEE.
6.1 Nomination of candidates for election as office-bearers of the club or as ordinary members of the committee. a) shall be made in writing, signed by 2 members of the club and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination), and b) shall be delivered to the secretary of the club not less than 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.
16.2 If insufficient nominations are received to fill all vacancies on the committee, the candidate’s nominations shall be deemed to be elected and further nominations shall be received at the annual general meeting.
16.3 If insufficient further nominations are received any vacant positions remaining on the committee shall be deemed to be casual vacancies.
16.4 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.
16.5 If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
16.6 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.
16.7 A nomination of a candidate for election under this clause is not valid if that candidate has been elected to another office at the same election.
17. SECRETARY
17.1 The Secretary of the club shall, as soon as practicable after being appointed as secretary, lodge notice with the club of his or her address.
17.2 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.
17.3 Minutes of proceedings at a meeting shall be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
18. TREASURER
18.1 It is the duty of the treasurer of the club to ensure that. a) all money due to the club is collected and received and that all payments authorised by the club are made; and b) correct books and accounts are kept showing the financial affairs of the club including full details of all receipts and expenditure connected with the activities of the club.
19. CASUAL VACANCIES
19.1 For the purposes of these rules, a casual vacancy in the office of a member of the committee occurs if the member, a) dies; b) ceases to be a member of the club., c) becomes an insolvent under administration within the meaning of the Companies (New South Wales) code, d) resigns office by notice in writing given to the secretary who will present the resignation at the next committee meeting for confirmation by the committee., e) is removed from office under rule 20 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.
20. REMOVAL OF MEMBER, OF COMMITTEE
20.1 The club in a general meeting may by resolution remove any member of the committee from office 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.
20.2 Where a member of the committee to whom a proposed resolution referred to in clause 20.1 relates, makes representation in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the club, the secretary or the president may send a copy of the representations to each member of the club or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting which the resolution is considered.
21. MEETINGS AND QUORUM, OF COMMI1TEE.
21.1 The committee shall meet at least 3 times in each period of 12 months at such place and times as the committee may determine
21.2 Additional meetings of the committee may be convened by the president or by any member of the committee.
21.3 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.
21.4 Notice of a meeting given under clause 21 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 for the transaction of the business of a meeting of the committee.
21.6 No business shall be transacted by the committee unless quorum is present and if within half 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.
21.7 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.
21.8 At a 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.
22. DELEGATION BY COMMITTEE TO SUB-COMMITTEE
22.1 The committee may by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the club 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 the duty imposed on the committee by the Act or by any other law.
22.2 A function, the exercise of which has been delegated to a subcommittee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the subcommittee in accordance with the terms of the delegation.
22.3 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.
22.4 Notwithstanding any delegation under this rule, the committee may continue to exercise any function delegated.
22.5 Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the committee.
22.6 The committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
22.7 A sub-committee may meet and adjourn as it thinks proper.
23. VOTING AND DECISIONS
23.1 Questions arising at a meeting of the committee or any subcommittee 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.
23.2 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.
23.3 Subject to rule 215, the committee may act notwithstanding any vacancy on the committee.
23.4 Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or 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 1V GENERAL MEETINGS
24. ANNUAL GENERAL MEETINGS - HOLDING OF
24.1 With the exception of the first annual general meeting of the club, the club shall at least once in each calendar year and within the period of six meeting
a) within the period of 18 months after its incorporation under the Act; and
b) within the period of two months after the expiration of the first financial year of the club.
24.3 Clauses 24.1 and 24.2 have effect subject to any extension or permission granted by the Commission
under section 26(3) of the Act.
25. ANNUAL GENERAL MEETINGS - CALLING OF AND BUSINESS AT
25.1 The annual general meeting of the club shall, subject to the Act and to rule 24, be convened on such date and at such place and time as the committee thinks fit.
25.2 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 annual general meeting and of any special general meeting held since that meeting,
b) to receive from the committee reports on the activities of the club during the preceding financial year.
c) to elect office-bearers of the club and ordinary members of the committee, and
d) to receive and consider the statement which is required to be submitted to the members pursuant to section 26(6) of the Act.
2 An annual general meeting shall be specified as such in the notice convening it.
26. SPECIAL GENERAL MEETINGS - CALLING OF
26.1 The committee may, whenever it thinks fit, convene a special general meeting of the club.
26.2 The committee shall, on the requisition in writing of not less than 15 per cent of the total number of members, convene a special general meeting of the club.
26.3 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 requisition; 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.
26.4 If the committee fails to convene a special general meeting to be held within two months 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 three
- months after that date.
26.5 A special general meeting convened by a member or members as referred to in clause 26.4 shall be convened as nearly as is practical in the same manner as general meetings are convened by the committee and any member who thereby incurs expense in calling the special general meeting is entitled to be reimbursed by the for any expenses so incurred.
27. NOTICE
27.1 Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the club, the secretary shall, at least 6 days before the date fixed for the holding of the general meeting, cause to be available to each member appearing in the register of members, a notice specifying place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting. Such notice will be available from the secretary’s place of residence at any reasonable hour.
27.2 Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the club, the secretary shall, at least 21 days before the date fixed for the holding of the general meeting, cause to be sent by prepaid post to each member at the members address appearing in the register of members, a notice specifying, in addition to the matter required under clause 27.1, the intention to propose the resolution as a special resolution.
27.3 No business other than that specified in the notice convening a general meeting shall be voted on at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to rule 25.2.
27.4 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 the receipt of the notice from the member.
28. PROCEDURE
28.1 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.
28.2 Twenty five percent of registered 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.
28.3 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 fortnight at the time and (unless another place and/or time 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.
28.4 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 15 percent of the registered members) shall constitute a quorum.
29. PRESIDING MEMBER
29.1 The president or, in the president’s absence, the vice-president, shall preside as chairperson at each
general meeting of the club.
29.2 If the president and the vice-president are absent from a general meeting they may nominate a
member to preside as chairperson at the meeting.
29.3 If the president and the vice-president are unwilling to act, the members present shall elect one of
their number to preside as chairperson at the meeting.
30. ADJOURNMENT
30.1 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.
30.2 Where a general meeting is adjourned more than fourteen days, the secretary shall give written or oral notice of the adjourned meeting to each member of the club stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
30.3 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 be given.
31. MAKING OF DECISIONS
31.1 A question arising at a general meeting of the club 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 or carried unanimously or carried by a particular majority or lost or an entry to that effect in the minute book of the club, is evident of the fact without proof of the number or proportion of the votes recorded in favour or against that resolution.
31.2 At a general meeting of the club, a poll may be demanded by the chairperson or by not less than five members present in person or by proxy at the meeting.
31.3 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 a chairperson of 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.
32. ALTERATION OF OBJECTS AND RULES
12. The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the club.
33. SPECIAL RESOLUTION
33.1 A resolution of the club is a special resolution if a) it is passed by a majority which comprises not less than fifty percent plus one of such members of the club as, being entitled under these rules so to do, vote in person or by proxy at a given in accordance with these rules; orb) 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
34.1 Upon any question arising at a general meeting of the club a member has one vote only.
34.2 All votes shall be given personally or by proxy but no member may hold more than 3 proxies.
34.3 In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting s entitled to exercise a second or casting vote.
34A A member or proxy is not entitled to vote at a general meeting of the club unless all money due and payable by the member or proxy to the club has been paid. other than the amount of the annual subscription payable in respect of the then current year.
35. APPOINTMENT OF PROXIES
35.1 Each member shall be entitled to appoint another member as proxy by notice given to the secretary no later than the time appointed for the commencement of the meeting in respect of which the proxy is appointed.
35.2 The notice appointing the proxy shall be in the form set out in Appendix “C” to these rules.
PART V. MISCELLANEOUS
36. INSURANCE
36.1 The club shall effect and maintain insurance pursuant to section 44 of the Act.
36.2 in addition to the insurance required under clause (1), the club may effect and maintain other insurance.
37. FUNDS - SOURCE
37.1 The funds of the club shall be derived from entrance fees and annual subscriptions of members, magazine advertising fees, donations and, subject to any resolution passed by the club in a general meeting, such other sources as the committee determines.
37.2 All money received by the club shall be deposited as soon as practicable and without deduction to the credit of the club’s bank account.
37.3 The club shall, as soon as practicable after receiving any money, issue an appropriate receipt.
38. FUNDS - MANAGEMENT
38.1 Any one committee member may at their own discretion incur expenses and or liabilities to the club, a maximum of fifty dollars or. where some other amount is determined by a resolution passed at a general meeting, of that other amount.
- 38.2 The committee may incur expenses or liabilities to the club to cover the cost of printing the club magazine.
38.3 Subject to any resolution passed by the club in general meeting, the funds of the club shall be used in pursuance of the objects of the club in such manner as the committee determines.
38.4 All cheques, draft, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two office bearers or employees of the club, being members or employees authorised to do so by the committee.
39. COMMONSEAL
39.1 The common seal of the club shall be kept in the custody of the public officer.
39.2 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.
40 (under construction)
41 (under construction)
42 (under construction)
42.2 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 purpose 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.
43. SURPLUS PROPERTY
43.1 At the first general meeting of the club, they shall pass a special resolution nominating an incorporated association as the association in which is 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 club.
43.2 The incorporated association so nominated shall be one which fulfils the requirements specified in section 53(2) (a)-(c) of the Act.
44. MATERIAL ASSETS
44.1 Material assets of the club shall be listed in appendix ‘0’, and shall be updated by the committee as required.
44.2 The material assets shall be stored or kept at a place acceptable to the proper caring of them, as determined by the committee.
44.3 The material assets trustee shall be responsible for the recovery, storage, maintenance, issue and receipt of the material assets.
44.4 The material assets shall be for use by the club on organised club activities or functions approved by
the trips co-ordinator.
44.5 Should the material assets be required as per rule 44.4, the member heading the activity or function.
shall request from the trustee, at least 3 days prior to date required. The appropriate form as listed in
appendix ‘V shall be completed prior to issue of material assets.
44.6 In the event of two organised club activities or functions requiring the use of the same material assets, the decision to its allocation shall be made by the trips co-ordinator or his delegate.
44.7 All incidents, defects, shortages or malfunctions must be notified to the trustee in writing, by the member who requisitioned the material assets, upon its return. The trustee shall then submit the report to the next meeting of the committee.
44.8 All requested material assets will be returned at the earliest possible convenience before the next organised activity or function after the completion of the organised activity or function, for which it was loaned.
APPENDIX-A
All members are expected to abide by;
FOUR-WHEEL-DRIVERS CODE OF ETHICS (Rule 21)
1. Keep to the laws and regulations for 4WD vehicles (They may change State-to-State)
2. Keep to constructed vehicle tracks. Do not drive “off road.
3. Keep the environment clean. Carry your own - and maybe other people’s rubbish home.
4. Obey restrictions on use of public lands. Respect national parks and other conservation areas.
5. Obtain permission before driving on private land. Leave livestock alone and gates as found.
6. Keep your vehicle mechanically sound.
7. Take adequate water, food, fuel, and spares on trips. In remote areas travel with another vehicle.
8. Respect our wildlife. Stop and look, but never disturb or chase animals.
9. Respect other's right to peace and solitude in the bush.
1. Obey all fire restrictions. Extinguish your fire before leaving. Don’t let your exhaust emit sparks.
11. Help in bushfires emergencies and search and rescue, if you are properly equipped and able.
12. Join a 4WD club and support 4WD touring as a responsible and legitimate recreational activity.