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Associations Incorporation Regulations 2005 (NI)

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Other document - Regulation Applied Law as amended, taking into account amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 08 Oct 2019
Start Date 13 Aug 2019

 

NORFOLK                            ISLAND

 

Associations Incorporation Regulations 2005

No. 6, 2005

Compilation No. 1

Compilation date:                              13 August 2019

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 


 

 

NORFOLK                                            ISLAND

 

 

 

ASSOCIATIONS iNCORPORATION REGULATIONS 2005

 

________

 

TABLE OF PROVISIONS

 

         1.      Citation

         2.      Interpretation

         3.      Requirements relating to documents

         4.      Form of notice of intention to apply

5.      Form of application

         6.      Form of certificates of incorporation

         7.      Forms relating to changes of name

         8.      Model Rules

         9.      Alteration of rules

       10.      Inspection of documents

                        Schedule 1

                        Schedule 2

 


 

NORFOLK                               ISLAND

 

 

ASSOCIATIONS INCORPORATION REGULATIONS 2005

 

 

Citation

      1.         These Regulations may be cited as the Associations Incorporation Regulations 2005.

Interpretation

      2.         In these Regulations a reference to a form by number is a reference to the form so numbered in Schedule 1.

Requirements relating to documents

      3.         The Registrar may refuse to accept an application, notice or other document which, under the Act, is required to be filed or otherwise lodged with him  —

(a)        if the document is not on A4 paper with a margin at least 25 cm wide on the left hand side of each sheet; or

(b)        if the document has been, or appears to the Registrar to have been, altered in any particular.

Form of notice of intention to apply

      4.         (1)        For the purposes of section 8 of the Act, Form 1A is prescribed.

                  (2)        For the purpose of section 52(2) of the Act, Form 1B is prescribed.

Form of application

      5.         (1)        For the purpose of section 10 of the Act, Form 2A is prescribed.

                  (2)        For the purpose of subsection 52(7) of the Act, Form 2A is prescribed

Form of certificates of incorporation

      6.         (1)        A certificate of incorporation of an association issued by the Registrar under section 11 of the Act shall be in accordance with Form 3A.

(2)        A certificate of incorporation of an association issued by the Registrar under section 11, and in accordance with subsection 52(9) of the Act shall be in accordance with Form 3B.

Forms relating to changes of name

      7.         (1)        An application under section 21(1) of the Act for the issue to an incorporated association of a certificate of incorporation in a new name shall be in accordance with Form 4.

                  (2)        A certificate of incorporation in a new name issued to an incorporated association by the Registrar under section 21 of the Act shall be in accordance with Form 5.

Model Rules

8.                  The rules in schedule 2 are the Model Rules.

Alteration of rules

      9.         A notice under section 20 shall be in accordance with form 6.

Inspection of documents

      10.       (1)        The Registrar may permit a person to inspect all or any of the documents filed or otherwise lodged with the Registrar in respect of an incorporated association upon payment to the Registrar of the approved fee.

                  (2)        At the request of a person made by post or otherwise, the Registrar may, upon payment to him of the approved fee, furnish to that person any information in writing in the Registrar’s possession relating to an incorporated association.

 

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SCHEDULE 1

 

NORFOLK                            ISLAND

 

 

 

 

FORM 1A                                                                                                             Regulation 4(1)

NORFOLK ISLAND

Associations Incorporation Act 2005

NOTICE OF INTENTION TO APPLY FOR THE INCORPORATION OF AN ASSOCIATION

I,   ……………………………………………., of  ……………………………………….,

a person authorised in that behalf by the committee of the association known as …………………………………… hereby give notice that I intend to apply for the incorporation of the association under the Associations Incorporation Act 2005.

The objects and purposes of the association are as follows:

This notice has been approved by the Registrar of Associations.

Dated this ………….…………………. day of ………………………………….., 20…….

..............................

________

 

 

 

NORFOLK                            ISLAND

               

 

FORM 1B                                                                                  Regulation 4(2)

NORFOLK ISLAND

Associations Incorporation Act 2005

NOTICE OF INTENTION TO APPLY FOR THE CONVERSIONS OF INCORPORATION OF A COMPANY

I,   ……………………………………………., of  ……………………………………….,

a person authorised in that behalf by the board of directors of the company known as …………………………………… hereby give notice that the company intends to apply for the conversion of incorporation of the company under the Companies Act 1985 to that of an association under the Associations Incorporation Act 2005.

This notice has been approved by the Registrar of Associations.

Dated this ………….…………………. day of ………………………………….., 20…….

..............................

 

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NORFOLK                            ISLAND

 

 

FORM 2A

Regulation 5(1)

NORFOLK ISLAND

Associations Incorporation Act 2005

 

APPLICATION FOR THE INCORPORATION OF AN ASSOCIATION

I,   ……………………………………………., of  ……………………………………….,

being a person authorised in that behalf by the association known as …………………………………… hereby apply for the incorporation of the association under the Associations Incorporation Act 2005 and I provide the following information ‑

1.                   Notice of intention to apply for incorporation under the Act was approved by the Registrar and was published in the Gazette on……………

2.                   The name of the association will be……………………………………………

3.                   The objects and purposes of the association are to be ……………………………

4.                   The place where the association will be carried on is……………………………

5.                   The names and addresses of the persons who will be the committee of management of the association are …………………………………………………………………………………….

 

 

AND I declare that the statements made herein are true.

 

Dated this ………….…………………. day of ………………………………….., 20…….

..............................

Applicant


 

 

 

NORFOLK                            ISLAND

 

FORM 2B

Regulation 5(2)

NORFOLK ISLAND

Associations Incorporation Act 2005

APPLICATION FOR THE CONVERSIONS OF INCORPORATION OF A COMPANY

I,   ……………………………………………., of  ……………………………………….,

being a person authorised in that behalf by the board of directors of the company known as …………………………………… hereby apply for the conversion of incorporation of the company under the Companies Act 1985 to that of an association under the Associations Incorporation Act 2005 and I provide the following information:

1.       Notice of intention to apply for conversion of the company to incorporation under the Act was approved by the Registrar and was published in the Gazette on………………

2.       The name of the association will be…………………………………………………………

3.       The principal purposes of the company were to carry on the activities of an association namely ………………………………………………

4.       The members of the company have resolved to convert incorporation to the Act.

5.        The members of the company have resolved to adopt the Model Rules/annexed Rules if this application is accepted.

6.       The company is not in breach of any of the provisions of the Companies Act 1985.

7.       The place where the association will be carried on is …………………………………………

8.       The names and addresses of the persons who are the Board of directors and Secretary of the company and who will be the committee of management of the association are………………………………………………………………………………………………

Note: Paragraph 5 may be deleted if it is proposed to adopt rules within 3 months of incorporation.

 

AND I declare that the statements made herein are true.

 

Dated this ………….…………………. day of ………………………………….., 20…….

..............................

Applicant

 

 

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NORFOLK                            ISLAND

 

 

 

FORM 3A

Regulation 6(1)

Associations Incorporation Act 2005

CERTIFICATE OF INCORPORATION OF AN ASSOCIATION

I,  …………………………………………………………………., the Registrar of Associations for Norfolk Island, in pursuance of section 11 of the Associations Incorporation Act 2005, hereby certify that ……………………………………………. has this day been incorporated under the Act.

Dated this ………….…………………. day of ………………………………….., 20…….

…………...............................

Registrar of Associations

________

 

 

 

NORFOLK                            ISLAND

 

FORM 3B

Regulation 6(2)

Associations Incorporation Act 2005

CERTIFICATE OF INCORPORATION OF AN ASSOCIATION UPON CONVERSION

I,  …………………………………………………………………., the Registrar of Associations for Norfolk Island, in pursuance of section 52 of the Associations Incorporation Act 2005, hereby certify that …………………………………………….a company incorporated under the Companies Act 1985 has this day ceased to be so incorporated and has been incorporated under the Act.

Dated this ………….…………………. day of ………………………………….., 20…….

…………...............................

Registrar of Associations

________

 

 

 


 

 

 

 

NORFOLK                            ISLAND

 

FORM 4

Regulation 7(1)

Associations Incorporation Act 2005

APPLICATION FOR ISSUE OF CERTIFICATE OF INCORPORATION OF AN INCORPORATED ASSOCIATION IN A NEW NAME

To the Registrar of Associations.

I,  ………………………………………………….. , of  ………………………………….

the secretary of …………………………………., an association incorporated under the Associations Incorporation Act 2005 hereby give notice that, ………………………. on the …………………………….day of  …………………………, 20….., the members of the association resolved to change the name of the association to …………………………….. and I accordingly apply for the issue to the association under section 21 of the Act of a certificate of incorporation of the association in the new name.

Dated this ………….…………………. day of ………………………………….., 20…….

…………...............................

________

 

 

 

NORFOLK                            ISLAND

 

 

FORM 5

Regulation 7(2)

Associations Incorporation Act 2005

CERTIFICATE OF INCORPORATION OF AN ASSOCIATION ON CHANGE OF NAME

I,  ………………………………………………., the Registrar of Associations for Norfolk Island, in pursuance of section 21 of the Associations Incorporation Act 2005, hereby certify that the association incorporated under the Act on the ……………….……day of ………………, 20…, under the name of …………………………………, is now incorporated under the Act under the new name of………………………………………...

Dated this ………….…………………. day of ………………………………….., 20…….

…………...............................

Registrar of Associations

 

 

 


 

 

 

NORFOLK                            ISLAND

 

 

 

FORM 6

Regulation 9

Associations Incorporation Act 2005

NOTICE OF ALTERATION OF OBJECTS PURPOSES RULES OR TRUSTS OF AN INCORPORATED ASSOCIATION

To the Registrar of Associations.

I,  ………………………………………………….. , of  ………………………………….

the secretary of …………………………………., an association incorporated under the Associations Incorporation Act 2005 hereby give notice that, on the ……….day of  …………………………, 20….., the members of the association resolved to alter the objects/purposes/rules/trusts* of the  association, and I DO HEREBY CERTIFY

1.                   that the instrument attached hereto and signed by me for identification, is a true copy of the instrument evidencing the alterations  and

2.                   that the alterations were authorized and made in the manner provided by the rules of the association.

Dated this ………….…………………. day of ………………………………….., 20…….

…………...............................

(signature of secretary

* delete whichever is not applicable

 

 

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Schedule 2

MODEL RULES FOR AN INCORPORATED ASSOCIATION

                    1.    Name

The name of the incorporated association is (in these Rules called "the Association").

                    2.    Definitions

                                 (1)    In these Rules, unless the contrary intention appears—

"Act" means the Associations Incorporation Act 2005;

"committee" means the committee of management of the Association;

"financial year" means the year ending on 30 June;

"general meeting" means a general meeting of members convened in accordance with rule 12.

"member" means a member of the Association;

"ordinary member of the committee" means a member of the committee who is not an officer of the Association under Rule 21;

"Regulations" means regulations under the Act;

"relevant documents" has the same meaning as in the Act.

                                 (2)    In these Rules, a reference to the Secretary of an Association is a reference to the person appointed as secretary under these Rules.

                    3.    Alteration of the rules

These Rules and the statement of purposes of the Association must not be altered except in accordance with the Act.

                    4.    Membership, entry fees and subscription

                                 (1)    A person who applies and is approved for membership as provided in these Rules is eligible to be a member of the Association on payment of the entrance fee and annual subscription payable under these Rules.

                                 (2)    A person who is not a member of the Association at the time of the incorporation of the Association (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless—

                                                (a)     he or she applies for membership in accordance with sub‑rule (3); and

                                                  (b)    the admission as a member is approved by the committee.

                                 (3)    An application of a person for membership of the Association must—

                                                  (a)    be made in writing in the form set out in Appendix 1; and

                                                  (b)    be lodged with the Secretary.

                                 (4)    As soon as practicable after the receipt of an application, the Secretary must refer the application to the committee.

                                 (5)    The committee must determine whether to approve or reject the application.

                                 (6)    If the committee approves an application for membership, the Secretary must, as soon as practicable—

                                                  (a)    notify the applicant in writing of the approval for membership; and

                                                  (b)    request payment within 28 days after receipt of the notification of the sum payable under these Rules as the entrance fee (if any) and the first year's annual subscription.

                                 (7)    The Secretary must, within 28 days after receipt of the amounts referred to in sub‑rule (6), enter the applicant's name in the register of members.

                                 (8)    An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of members.

                                 (9)    If the committee rejects an application, the committee must, as soon as practicable, notify the applicant in writing that the application has been rejected.

                             (10)    A right, privilege, or obligation of a person by reason of membership of the Association—

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

                                                  (b)    terminates upon the cessation of membership whether by death or resignation or otherwise.

                             (11)    The entrance fee is the relevant amount set out in Appendix 4.

                             (12)    The annual subscription is the relevant amount set out in Appendix 4 and is payable in advance on or before 1 July in each year and where paid in respect of a period less than one year – paid pro rata..

                    5.    Register of members

                                 (1)    The Secretary must keep and maintain a register of members containing—

                                                  (a)    the name and address of each member; and

                                                  (b)    the date on which each member's name was entered in the register.

                                 (2)    The register is available for inspection free of charge by any member upon request.

                                 (3)    A member may make a copy of entries in the register.

                    6.    Ceasing membership

                                 (1)    A member of the Association who has paid all moneys due and payable by a member to the Association may resign from the Association by giving one month's notice in writing to the Secretary of his or her intention to resign.

                                 (2)    A member ceases to be a member

(a)  after the expiry of the period referred to in sub‑rule (1); or

(b)   if the annual subscription is not paid within 2 months after the due date stated in a notice from the Secretary that the subscription is due, and

the Secretary must record in the register of members the date on which the member ceased to be a member.

                    7.    Discipline, suspension and expulsion of members

                                 (1)    Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution—

(a)    suspend that member from membership of the Association for a specified period; or

(b)    expel that member from the Association.

                                 (2)    A resolution of the committee under sub‑rule (1) does not take effect unless—

                                                  (a)    at a meeting held in accordance with sub‑rule (3), the committee confirms the resolution; and

                                                  (b)    if the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.

                                 (3)    A meeting of the committee to confirm or revoke a resolution passed under sub‑rule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub‑rule (4).

                                 (4)    For the purposes of giving notice in accordance with sub‑rule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice—

                  (a)        setting out the resolution of the committee and the grounds on which it is based; and

                  (b)        stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and

                  (c)        stating the date, place and time of that meeting; and

                  (d)       informing the member that he or she may do one or both of the following—

                              (i)         attend that meeting;

                              (ii)        give to the committee before the date of that meeting a written statement seeking the revocation of the resolution;

                  (e)        informing the member that, if at that meeting, the committee confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.

                                 (5)    At a meeting of the committee to confirm or revoke a resolution passed under sub‑rule (1), the committee must—

                                                  (a)    give the member, or his or her representative, an opportunity to be heard; and

                                                  (b)    give due consideration to any written statement submitted by the member; and

                                                  (c)    determine by resolution whether to confirm or to revoke the resolution.

                                 (6)    If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.

                                 (7)    If the Secretary receives a notice under sub‑rule (6), he or she must notify the committee and the committee must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.

                                 (8)    At a general meeting of the Association convened under sub‑rule (7)—

                                                  (a)    no business other than the question of the appeal may be conducted; and

                                                  (b)    the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and

                                                  (c)    the member, or his or her representative, must be given an opportunity to be heard; and

                                                 (d)    the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.

                                 (9)    A resolution is confirmed if, at the general meeting, not less than two‑thirds of the members vote in person, or by proxy, in favour of the resolution.  In any other case, the resolution is revoked.

8.         Annual general meetings

                                 (1)    The committee may determine the date, time and place of the annual general meeting of the Association.

                                 (2)    The notice convening the annual general meeting must specify that the meeting is an annual general meeting.

                                 (3)    The ordinary business of the annual general meeting shall be—

                                                  (a)    to confirm the minutes of the previous annual general meeting and of any general meeting held since that meeting; and

                                                  (b)    to receive from the committee reports upon the transactions of the Association during the last preceding financial year; and

                                                  (c)    to elect officers of the Association and the ordinary members of the committee; and

                                                 (d)    to receive and consider the statement submitted by the Association in accordance with section 37(3) of the Act.

                                 (4)    The annual general meeting may conduct any special business of which notice has been given in accordance with these Rules.

9.            Special general meetings

                                 (1)    In addition to the annual general meeting, any other general meetings may be held in the same year.

                                 (2)    All general meetings other than the annual general meeting are special general meetings.

                                 (3)    The committee may, whenever it thinks fit, convene a special general meeting of the Association.

                                 (4)    If, but for this sub‑rule, more than 15 months would elapse between annual general meetings, the committee must convene a special general meeting before the expiration of that period.

                                 (5)    The committee must, on the request in writing of members representing not less than 5 per cent of the total number of members, convene a special general meeting of the Association.

                                 (6)    The request for a special general meeting must—

                                                  (a)    state the objects of the meeting; and

                                                  (b)    be signed by the members requesting the meeting; and

                                                  (c)    be sent to the address of the Secretary.

                                 (7)    If the committee does not cause a special general meeting to be held within one month after the date on which the request is sent to the address of the Secretary, the members making the request, or any of them, may convene a special general meeting to be held not later than 3 months after that date.

                                 (8)    If a special general meeting is convened by members in accordance with this rule, it must be convened in the same manner so far as possible as a meeting convened by the committee and all reasonable expenses incurred in convening the special general meeting must be refunded by the Association to the persons incurring the expenses.

10.        Special business

All business that is conducted at a special general meeting and all business that is conducted at the annual general meeting, except for business conducted under the rules as ordinary business of the annual general meeting, is deemed to be special business.

11.        Notice of general meetings

                                 (1)    The Secretary of the Association, at least 14 days, or if a special resolution has been proposed at least 21 days, before the date fixed for holding a general meeting of the Association, must cause to be sent to each member of the Association, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.

                                 (2)    Notice may be sent—

                                                  (a)    by prepaid post to the address appearing in the register of members; or

                                                  (b)    if the member requests, by facsimile transmission or electronic transmission.

                                 (3)    No business other than that set out in the notice convening the meeting may be conducted at the meeting.

                                 (4)    A member intending to bring any business before a meeting may notify in writing, or by electronic transmission, the Secretary of that business, who must include that business in the notice calling the next general meeting.

12.        Quorum at general meetings

                                 (1)    No item of business may be conducted at a general meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considering that item.

                                 (2)    Five members personally present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the conduct 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—

                                                    (i)    in the case of a meeting convened upon the request of members—the meeting must be dissolved; and

                                                  (ii)    in any other case—the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place.

                                 (4)    If at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members personally present (being not less than 3) shall be a quorum.

13.        Presiding at general meetings

                                 (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 are unable to preside, the members present must select one of their number to preside as Chairperson.

14.        Adjournment of meetings

                                 (1)    The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.

                                 (2)    No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.

                                 (3)    If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with rule 12.

                                 (4)    Except as provided in sub‑rule (3), it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.

15.        Voting at general meetings

                                 (1)    Upon any question arising at a general meeting of the Association, a member has one vote only but the Chairperson may not vote except under paragraph (3).

                                 (2)    All votes must be given personally or by proxy.

                                 (3)    In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a casting vote.

                                 (4)    A member is not entitled to vote at a general meeting unless all moneys due and payable by the member to the Association have been paid, other than the amount of the annual subscription payable in respect of the current financial year.

16.        Poll at general meetings

                                 (1)    If at a meeting a poll on any question is demanded by not less than 3 members, it must be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.

                                 (2)    A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.

17.        Manner of determining whether resolution carried

If a question arising at a general meeting of the Association is determined on a show of hands—

                                                  (a)    a declaration by the Chairperson that a resolution has been—

                                                                     (i)    carried; or

                                                                   (ii)    carried unanimously; or

                                                                 (iii)    carried by a particular majority; or

                                                                 (iv)    lost; and

                                                  (b)    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.

 

18.        Committee of Management

                                 (1)    The affairs of the Association shall be managed by the committee of management.

                                 (2)    The committee—

                                                  (a)    shall control and manage the business and affairs of the Association; and

                                                  (b)    may, subject to these Rules, the Act and the Regulations, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these Rules to be exercised by general meetings of the members of the Association; and

                                                  (c)    subject to these Rules, the Act and the Regulations, has power to perform all such acts and things as appear to the committee to be essential for the proper management of the business and affairs of the Association.

                                 (3)    Subject to section 23 of the Act, the committee shall consist of—

                                                  (a)    the officers of the Association; and

                                                  (b)    two ordinary members—

each of whom shall be elected at the annual general meeting of the Association in each year.

19.        Office holders

                                 (1)    The officers of the Association shall be—

                                                  (a)    a President;

                                                  (b)    a Vice‑President;

                                                  (c)    a Treasurer; and

                                                 (d)    a Secretary.

                                 (2)    The provisions of rule 23, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices referred to in sub‑rule (1).

                                 (3)    Each officer of the Association shall hold office until the declaration of the results of an election for the office at the annual general meeting next after the date of his or her election but is eligible for re‑election.

                                 (4)    In the event of a casual vacancy in any office referred to in sub‑rule (1), the committee may appoint one of its members to the vacant office and the member appointed may continue in office until the declaration of the results of an election for the office at the annual general meeting next after the date of the appointment.

20.        Ordinary members of the committee

                                 (1)    Subject to these Rules, each ordinary member of the committee shall hold office until the results for the election of ordinary members of the committee is declared at the annual general meeting next after the date of election but is eligible for re‑election.

                                 (2)    In the event of a casual vacancy occurring in the office of an ordinary member of the committee, the committee may appoint a member of the Association to fill the vacancy and the member appointed shall hold office, subject to these Rules, until the results for the election of ordinary members of the committee is declared at the annual general meeting next following the date of the appointment.

21.        Election of officers and ordinary committee members

                                 (1)    Nominations of candidates for election as officers of the Association or as ordinary members of the committee must be—

                                                  (a)    made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and

                                                  (b)    delivered to the Secretary of the Association not less than 7 days before the date fixed for the holding of the annual general meeting.

                                 (2)    A candidate may only be nominated for one office, or as an ordinary member of the committee, prior to the annual general meeting.

                                 (3)    If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations may be received at the annual general meeting.

                                 (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 exceeds the number of vacancies to be filled, a ballot must be held.

                                 (6)    The ballot for the election of officers and ordinary members of the committee must be conducted at the annual general meeting in such manner as the committee may direct.

22.        Vacancies

The office of an officer of the Association, or of an ordinary member of the committee, becomes vacant if the officer or member—

                                                  (a)    ceases to be a member of the Association; or

                                                  (b)    becomes an insolvent under administration within the meaning of the Corporations Law; or

                                                  (c)    resigns from office by notice in writing given to the Secretary.

23.        Meetings of the committee

                                 (1)    The committee must meet at least 3 times in each year at such place and such times as the committee may determine.

                                 (2)    Special meetings of the committee may be convened by the President or by any 4 members of the committee.

24.        Notice of committee meetings

                                 (1)    Written notice of each committee meeting must be given to each member of the committee at least 2 business days before the date of the meeting.

                                 (2)    Written notice must be given to members of the committee of any special meeting specifying the general nature of the business to be conducted and no other business may be conducted at such a meeting.

25.        Quorum for committee meetings

                                 (1)    Any 4 members of the committee constitute a quorum for the conduct of the business of a meeting of the committee.

                                 (2)    No business may be conducted unless a quorum is present.

                                 (3)    If within half an hour of the time appointed for the meeting a quorum is not present—

                                                    (i)    in the case of a special meeting—the meeting lapses;

                                                  (ii)    in any other case—the meeting shall stand adjourned to the same place and the same time and day in the following week.

                                 (4)    The committee may act notwithstanding any vacancy on the committee.

26.        Presiding at committee meetings   

At meetings of the committee—

                                                  (a)    the President or, in the President's absence, the Vice‑President presides; or

                                                  (b)    if the President and the Vice‑President are absent, or are unable to preside, the members present must choose one of their number to preside.

27.        Voting at committee meetings

                                 (1)    Questions arising at a meeting of the committee, or at a meeting of any sub‑committee appointed by the committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determine.

                                 (2)    Each member present at a meeting of the committee, or at a meeting of any sub‑committee appointed by the committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

28.        Removal of committee member

                                 (1)    The Association in general meeting may, by resolution, remove any member of the committee before the expiration of the member's term of office and appoint another member in his or her place to hold office until the expiration of the term of the first‑mentioned member.

                                 (2)    A member who is the subject of a proposed resolution referred to in sub‑rule (1) may make representations in writing to the Secretary or President of the Association (not exceeding a reasonable length) and may request that the representations be provided to the members of the Association.

                                 (3)    The Secretary or the President may give a copy of the representations to each member of the Association or, if they are not so given, the member may require that they be read out at the meeting.

29.        Minutes of meetings

The Secretary of the Association must keep minutes of the resolutions and proceedings of each general meeting, and each committee meeting, together with a record of the names of persons present at committee meetings.

30.        Funds

                                 (1)    The Treasurer of the Association must—

                                                  (a)    collect and receive all moneys 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.

                                 (2)    All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by two members of the committee.

                                 (3)    The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the committee determines.

31.        Seal

                                 (1)    The common seal of the Association must be kept in the custody of the Secretary.

                                 (2)    The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of two members of the committee or, of one member of the committee and of the public officer of the Association.

32.        Notice to members

Except for the requirement in rule 12, any notice that is required to be given to a member, by on behalf of the Association, under these Rules may be given by—

                                                  (a)    delivering the notice to the member personally; or

                                                  (b)    sending it by prepaid post addressed to the member at that member's address shown in the register of members; or

                                                  (c)    facsimile transmission, if the member has requested that the notice be given to him or her in this manner; or

                                                 (d)    electronic transmission, if the member has requested that the notice be given to him or her in this manner.

33.        Winding up

In the event of the winding up or the cancellation of the incorporation of the Association, the assets of the Association must be disposed of in accordance with the provisions of the Act.

34.        Custody and inspection of books and records

                                 (1)    Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Association.

                                 (2)    All accounts, books, securities and any other relevant documents of the Association must be available for inspection free of charge by any member upon request.

                                 (3)    A member may make a copy of any accounts, books, securities and any other relevant documents of the Association.

__________________


APPENDIX 1

APPLICATION FOR MEMBERSHIP OF (NAME OF THE ASSOCIATION)

I,                                                       , of                           desire to become a
           (name and occupation)                       (address)

member of
                          (name of Association)

In the event of my admission as a member, I agree to be bound by the rules of the Association for the time being in force.

                                                                                  Signature of Applicant

                                                                                  Date

 

I,                                                                     , a member of the Association,
                          (name)

nominate the applicant, who is personally known to me, for membership of the Association.

                                                                                    Signature of Proposer

                                                                                    Date

 

I,                                                        , a member of the Association, second
                  (name)

the nomination of the applicant, who is personally known to me, for membership of the Association.

                                                                                    Signature of Seconder

 

Appendix 2

Fees of (NAME OF association)

The fees of the (name of association are):

Entrance/joining fee (if any)               $

Annual subscription                            $

NOTES

The Associations Incorporation Regulations 2005 as shown in this consolidation comprises Regulations No. 6 of 2005 and amendments as indicated in the Tables below.

 

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Associations Incorporation Regulations 2001

6, 2005

30.9.05

 

Associations Incorporation (Amendment) Regulations 2006

1, 2006

3.3.06

 

________

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 391–396)

as amended by

 

 

 

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (item 13): 13 Aug 2019 (s 2(1) item 1)

 

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

3

am

1, 2006

10

am

Ord No 2, 2015 (as am by F2019L01048)

11

rep

Ord No 2, 2015 (as am by F2019L01048)

Schedule 1, Form 2B

am

1, 2006

Schedule 3

rep

Ord No 2, 2015 (as am by F2019L01048)