This is Valley FM’s Constitution.
Valley FM 89.5
CONSTITUTION
PART I – PRELIMINARY
1. Name
The name of the organisation shall be “Valley FM Broadcasters Association Incorporated“, hereinafter referred to as “the Association”.
2. Interpretation
(1) In these rules, unless a contrary intention appears:
“financial year” means the year ending on 30 June;
“member” means a member, however described, of the Association;
“ordinary Board member” means a member of the Board who is not an office-bearer of the Association as referred to in paragraph 15 (1)(a);
“secretary” means the person holding office under these rules as Secretary of the Association or, where no such person holds that office, the public officer of the Association;
“the Act” means the Associations Incorporation Act 1991;
“the Regulations” means the Associations Incorporation Regulations.
(2) In these rules:
(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 power, authority or duty, a reference to the exercise of power or authority or the performance of the duty.
(3) The provisions of the Interpretation Act 1967 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.
3. Objects
The objects of the Association shall be:
(a) to establish and operate a community radio station that will serve the Tuggeranong Valley;
(b) to promote the objects of community broadcasting;
(c) to establish and operate any other community media outlet as the membership deems appropriate;
(d) to provide an outlet of information and entertainment for the community of the Tuggeranong Valley;
(e) to raise funds to support the operations of the “Association”;
(f) to do all such things as are conducive or incidental to the attainment of the above objects or any of them;
(g) these objects may be furthered by:
(1) the holding of meetings, lectures, conferences and competitions; and
(2) any other appropriate activities.
4. Powers
The powers of the Association in furtherance of the objects of the Association shall be:
(a) to take over the funds and other assets and the liabilities of the present unincorporated Association known as Valley FM;
(b) to subscribe to, become a member of and cooperate with any other association, club or organisation with similar ideals;
(c) to buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the Association or persons frequenting the Association’s premises;
(d) to purchase, take on lease or in exchange, hire or otherwise acquire any lands, buildings, easements or property, real and personal and any rights or privileges which may be requisite for the purposes of, or capable of being conveniently used in connection with any of the objects of the Association PROVIDED THAT in case the Association shall take or hold any property which may be subject to any trusts the Association shall only deal with the same in such manner as is allowed by law having regard to such trusts;
(e) to enter into any arrangements with any government or authority that are incidental or conducive to the attainment of the objects and the exercise of powers of the Association; to obtain from any such government or authority any rights, privileges and concessions which the Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions;
(f) to appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and any other persons as may be necessary or convenient for the purposes of the Association;
(g) to remunerate any person or body corporate for services rendered, and whether by way of brokerage or otherwise in placing or assisting to place or guaranteeing the placing of any unsecured notes, debentures or other securities of the Association; or in or about the Association or promotion of the Association in the furtherance of its objects;
(h) to construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the Association’s interests, and to contribute to, subsidise or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration or control thereof;
(i) to invest and deal with the money of the Association not immediately required in such manner as may from time to time be thought fit by the Board;
(j) to take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate;
(k) to lend and advance money or give credit to any person or body corporate, to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or body corporate, and otherwise to assist any person or body corporate;
(l) to borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or secure any moneys and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, lien or other security upon the whole or any part of the Association’s property or assets present or future and to purchase, redeem or pay off any such securities;;
(m) to draw, make, accept, endorse, discount, execute and issue promissory notes;
(n) to sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Association;
(o) to take part or hold mortgages, liens or charges, to ensure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the Association’s property of whatsoever kind sold by the Association, or any money due to the Association from purchasers and others;
(p) to take any gift property, whether subject to any special trust or not, for any one or more of the objects of the Association, or any money due to the Association;
(q) to take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Association, in the shape of donations, annual subscriptions or otherwise;
(r) to print and publish any newspaper, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects;
(s) to amalgamate with any one or more incorporated associations having objects altogether or in part similar to those of the Association and which shall prohibit the distribution of its or their income and property among its or their members to an extent as least as great as that imposed upon the Association;
(t) to purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the Association is authorised to amalgamate;
(u) to transfer all or any part of the property, assets, liabilities and engagements of the Association to any one or more of the incorporated associations with which the Association is authorised to amalgamate;
(v) to make donations for patriotic, charitable or community purposes;
(w) to transact any lawful business in aid of the Commonwealth of Australia in the prosecution of any war in which the Commonwealth of Australia is engaged;
(x) to do all other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association.
PART II – MEMBERSHIP
5. Membership qualifications
(1) A person is qualified to be a member if:
(a) the person is a person referred to in paragraph 21 (2) (a) or (b) 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:
(c) has been nominated for membership in accordance with sub-rule 3 (1); and
(d) has been approved for membership of the Association by the Board of the Association.
(2) An application for membership may be rejected if:
(a) there are reasonable grounds to believe that the applicant would not abide by the rules and objectives of the Association;
(b) required by law; or
(c) the applicant has been convicted of an indictable offence;
(d) there are reasonable grounds to believe that the applicant would not abide by the rules and objectives of the Community Broadcasting Code of Practice – Radio; or
(e) there are reasonable grounds to believe that the applicant would pose a security risk to the members, property or premises of the Association.
6. Categories of membership
The Board may, as it deems appropriate, establish categories of membership. All categories of membership shall maintain voting rights, except for where the Board deems otherwise. Persons, or bodies, that subscribe to membership shall be entitled to one voting right at general meetings.
7. 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.
8. Cessation of membership
A person ceases to be a member of the Association if the person:
(a) dies, or in the case of a body corporate, is wound up; and
(b) resigns from membership of the Association;
(c) is expelled from the Association; or
(d) fails to renew membership of the Association.
9. Resignation of membership
(1) A member is not entitled to resign from membership of the Association except in
accordance with this rule.
(2) A member who has paid all amounts payable by the member of the Association may resign from membership of the association by first giving notice (being not less than one month or, if the Board has determined a shorter period, that shorter period) 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 person ceases to be a member, 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. Fees, subscriptions, etc.
(1) The annual subscription for members shall be the amount the Board may determine from time to time.
(2) All subscriptions shall be payable in advance by 1 July of each year unless the Board otherwise determines.
11. Member’s liabilities
The liability of a member to contribute towards the payment of the debts and liabilities of the Association or the costs, 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 5.
12. Disciplining of members
(1) Where the Board is of the opinion that a member:
(a) has refused or neglected to comply with a provision of the rules; or
(b) has wilfully acted in a manner prejudicial to the interests of the Association, the Board may, by resolution:
(c) expel the member from the Association; or
(d) suspend the member from such rights and privileges of membership of the Association as the Board may determine for a specified period.
(2) A resolution of the Board under subrule (1) is of no effect unless the Board, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under subrule (3), confirms the resolution in accordance with this rule.
(3) Where the Board passes a resolution under subrule (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 Board and the grounds on which it is based;
(b) stating that the member may address the Board 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 Board at or prior to the date of that meeting written representations relating to the resolution.
(a) give to the member mentioned in subrule (1) an opportunity to make oral representations;
(b) give due consideration to any written representations submitted to the Board by that member at or prior to the meeting; and
(c ) by resolution determine whether to confirm or to revoke the resolution of the Board made under subrule (1).
(5) Where the Board confirms a resolution under subrule (4), the Secretary shall, within seven (7) days after that confirmation, by notice in writing inform the member of that confirmation and of the member’s right of appeal under rule 13.
(6) A resolution confirmed by the Board under subrule (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 in accordance with subrule 13 (4).
13. Right of appeal
(1) A member or applicant for membership may appeal to the Board against a resolution by the Board which is confirmed under subrule 12 (4), within seven (7) days after notice is served on the member or applicant, by lodging with the Secretary a notice to that effect.
(2) Upon receipt of a notice under subrule (1), the Secretary shall notify the Board which will either deal with the matter in accordance with rule 42 or, alternatively, convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice or as soon as possible after that date.
(3) Subject to Section 50 of the Act, at a general meeting of the Association convened under subrule (2):
(a) no business other than the question of the appeal shall be transacted;
(b) the Board and the member of applicant shall be given the opportunity to make representations in relation to the appeal orally or in writing; and
(c) the members present shall vote by secret ballot on the question of whether the resolution made under subrule 12 (4) should be confirmed or revoked.
(4) If the meeting passes a special resolution in favour of the confirmation of the resolution made under subrule 12 (4), that resolution is confirmed.
PART III – THE BOARD
14. Powers of the Board
The Board, subject to the Act, the Regulations, 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 exercised by the Association in general meeting; and
(c) has power to perform all such acts and do all such things as appear to the Board to be necessary or desirable for the proper management of the affairs of the Association.
15. Structure
(1) The Board shall consist of:
(a) the office-bearers of the Association; and
(b) three (3) ordinary Board members; each of whom shall be elected pursuant to rule 16 or appointed in accordance with subrule (4).
(2) The office bearers of the Association shall be:
(a) the President;
(b) the Secretary;
(c) the Treasurer; and
(d) the Assistant Secretary.
(3) Each member of the Board 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.
(4) In the event of a vacancy in the membership of the Board, the Board 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.
16. Election of Board members
(1) Nominations of candidates for election as office-bearers of the Association or as ordinary Board members:
(a) shall be made in writing, signed by two (2) members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
(b) shall be delivered to the Secretary of the Association not less than seven (7) days before the date fixed for the annual general meeting at which the election is to take place.
(2) If insufficient nominations are received to fill all vacancies on the Board, 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 Board shall be deemed to be vacancies.
(4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be taken 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 Board members shall be conducted at the annual general meeting in such manner as the Board may direct.
(7) A person is not eligible to simultaneously hold more than one (1) position on the Board.
17. Secretary
(1) The Secretary of the Association shall, as soon as practicable after being appointed Secretary, notify the Association of his or her address.
(2) The Secretary shall keep minutes of:
(a) all elections and appointments of office-bearers and ordinary members;
(b) the names of members of the Board present at a Board meeting or a general meeting; and
(c) all proceedings at Board meetings and general meetings.
(3) Minutes of proceedings at a meeting shall be signed by the person presiding at the meeting or by the person presiding at the next succeeding meeting.
18. Treasurer
The Treasurer of the Association shall:
(a) collect and receive all monies due to the Association and make all payments
authorised by the Association; and
(b) keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.
19. Vacancies
For the purpose of these rules, a vacancy in the office of a member of the Board occurs if the member:
(a) dies;
(b) ceases to be a member of the Association;
(c) resigns the office;
(d) is removed from office pursuant to rule 20;
(e) becomes an insolvent under administration within the meaning of the Corporations Law;
(f) suffers from mental or physical incapacity;
(g) is disqualified from office under subsection 63 (I) of the Act; or
(h) is absent without the consent of the Board from all meetings of the Board held during a period of six (6) months.
20. Removal of Board members
The Association in general meeting may by resolution, subject to section 50 of the Act, remove any member of the Board from the office of member of the Board before the expiration of the member’s term of office.
21. Board meetings and quorum
(1) The Board shall meet at least three (3) times in each calendar year at such place and time as the Board may determine.
(2) Additional meetings of the Board may be convened by any member of the Board.
(3) Oral or written notice of a meeting of the Board shall be given by the Secretary to each member of the Board at least 48 hours (or other such period as may be unanimously agreed upon by the members of the Board) before the time appointed for the holding of the meeting.
(4) Notice of a meeting given under subrule (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 Board members present at the meeting unanimously agree to treat as urgent business.
(5) Any three (3) members of the Board constitute a quorum for the transaction of the business of a meeting of the Board.
(6) No business shall be transacted by the Board unless a quorum is present and if within half an hour after 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 (unless another place is specified at the time of 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).
(7) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the meeting, the meeting shall be dissolved.
(8) At meetings of the Board:
(a) the President shall preside; or
(b) if the President is absent, one (1) of the remaining members of the Board may be chosen by the members present to preside.
22. Delegation by Board to sub-committee
(1) The Board may, by instrument in writing, delegate to one (1) or more sub-committees (consisting of such member or members of the Association as the Board thinks fit) the exercise of such functions of the Board as are specified in the instrument, other than:
(a) this power of delegation; and
(b) a function which is a function imposed on the Board by the Act, by any other law of the Territory, or by resolution of the Association in general meeting.
(2) A function, the exercise of which has been delegated to a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
(3) A delegation under this rule may be made subject to such conditions or limitations as to the exercise of any function, or as to time and circumstances, as may be specified in the instrument of delegation.
(4) Notwithstanding any delegation under this rule, the Board 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 rule has the same force and effect as it would have if it had been done or suffered by the Board.
(6) The Board may, by instrument in writing, revoke wholly or in part any delegation under this rule.
(7) A sub-committee may meet and adjourn as it thinks proper, or as directed by the Board.
23. Voting and decisions
(1) Questions arising at a meeting of the Board or of any sub-committee appointed by the Board shall be determined by a majority of the votes of members of the Board of sub-committee present at the meeting.
(2) Each member present at a meeting of the Board or of any sub-committee appointed by the Board (including the person presiding at the meeting) is entitled to one (1) 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, the Board may act notwithstanding any vacancy on the Board.
(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the Board or by a sub-committee appointed by the Board, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Board or sub-committee.
PART IV – GENERAL MEETINGS
24. Annual general meetings – 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 five (5) 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 five (5) months after the expiration of the first financial year of the Association.
(3) Subrules (1) and (2) have effect subject to the powers of the Registrar-General under section 120 of the Act in relation to extensions of time.
25. Annual general meetings – calling of and business at
(1) The annual general meeting of the Association shall, subject to the Act, be convened on such date at at such place and time as the Board 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;
(b) to receive from the Board reports on the activities of the Association during the last preceding financial year;
(c) to elect members of the Board, including office-bearers; and
(d) to receive and consider the statement of accounts and the reports that are required to be submitted to members pursuant to subsection 73 (I) of the Act.
(3) An annual general meeting shall be specified as such in the notice convening it in accordance with rule 24.
(4) An annual general meeting shall be conducted in accordance with the provisions of this Part.
26. General meetings – calling of
(1) The Board may, whenever it thinks fit, convene a general meeting of the Association.
(2) The Board shall, on the requisition in writing of not less than five (5) per cent of the total number of members, convene a general meeting of the Association.
(3) A requisition of members for a 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 (1) or more of the members making the requisition.
(4) If the Board fails to convene a general meeting within one (1) month after the date on which a requisition of members for the meeting is lodged with the Secretary, any one (1) or more of the members who made the requisition may convene a general meeting to be held not later than three (3) months after that date.
(5) A general meeting convened by a member or members referred to in subrule (4) shall be convened as nearly as is practicable in the same manner as general meetings are convened by the Board and any member who thereby incurs expense is entitled to be reimbursed by the Association for any reasonable expense so incurred.
27. 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 subrule (1) specifying, in addition to the matter required under that subrule, 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 at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to subrule 25 (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.
28. General meetings – procedure and quorum
(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 (5) 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 at 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 same time and (unless another place is specified at the time of 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 three) shall constitute a quorum otherwise, the meeting shall be dissolved.
(5) Additional general meetings may be convened by the Board.
29. Presiding member
If the President is absent from a general meeting, the members present shall elect one (1) of their number to preside at the meeting.
30. Adjournment
(1) The person presiding at 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 subrules (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
(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 person presiding 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 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 person presiding or by not less than three (3) members present in person or by proxy at the meeting.
(3) Where the 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 person to preside at 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 person presiding directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.
32. Voting
(1) Subject to subrule (3), upon any question arising at a general meeting of the Association, a member has one (1) vote only.
(2) All votes shall be given personally or by proxy but no member may hold more than five (5) proxies.
(3) In the case of an equality of votes on a question at a general meeting, the person presiding 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.
33. 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 V – MISCELLANEOUS
34. Funds – source
(1) The funds of the Association shall be derived from entrance fees and annual subscriptions of members, sponsorships, donations and, subject to any resolution passed by the Association in general meeting and subject to section 114 of the Act, such other sources as the Board 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.
35. 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 Board determines.
(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two (2) members of the Board or employees of the Association, being members of the Board or employees authorised to do so by the Board.
36. Alteration of objects and rules
Neither the objects of the Association referred to in section 29 of the Act nor these rules shall be altered except in accordance with the Act.
37. Common seal
(1) The common seal of the Association shall be kept in the custody of the Secretary.
(2) The common seal shall not be affixed to any instrument except by the authority of the Board and the affixing of the common seal shall be attested by the signatures either of two (2) members of the Board or of one (1) member of the Board and of the Secretary.
38. Custody of books
Subject to the Act, the Regulations and these rules, the Secretary shall keep in his or her custody or under his or her control all records, books and other documents relating to the Association.
39. Inspection of books
The records, books and other documents of the Association shall be open to inspection at a place in the Territory, free of charge, by a member of the Association at any reasonable hour, but any information relating to other members, in the interests of privacy, will not be divulged.
40. Service of notice
(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’s address shown in the Register of Members.
(2) Where a document is sent to a person by the Board by properly addressing, pre-paying 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.
41. Grievance mechanisms
(1) When disputes or conflict occurs within the station between members and staff, the matter has to be brought to the attention of either the President or the Secretary if reasonable means taken by the parties concerned to resolve the dispute have failed.
(2) When an external grievance is received, the Secretary will acknowledge receipt of that grievance within 48 hours, and the Board shall provide a response to that grievance within 28 days. If the complainant is not satisfied with the outcome, then conflict resolution procedures will apply if the complainant wishes to pursue the issue.
(3) Both parties will be required to present verbally and in writing their understanding of what the dispute is about and what has led to it. The Board will use conflict resolution techniques to achieve an equitable outcome.
(4) This will be done by consulting separately with the parties and then in joint discussion to work towards a solution that will satisfy each party. If one party is not satisfied with the decisions reached, a mutually acceptable mediator may be sought to assist in the matter.
(5) If after following the above procedure one party is not satisfied, the board reserves the right to make a final decision on the matter, keeping in mind the best interests of the station and members.
42. Surplus property
(1) In the event of dissolution or winding up of the Association, the Association shall pass a special resolution nominating:
(a) another association for the purpose of paragraph 92 (1) (a) of the Act; or
(b) a fund, authority or institution for the purpose of paragraph 92 (1) (b) of the Act, in which it is to vest its surplus property in the event of the dissolution or winding up of the Association.
(2) An association nominated under paragraph (1) (a) must fulfil the requirements specified in subsection 92 (2) of the Act.