Preamble
In October 1998, the Uniting Church convened a conference at Myall Creek as a contribution to the process of reconciliation. Myall Creek was chosen as the site on the invitation of Mrs Sue Blacklock, a descendant of one of the people who escaped the Myall Creek Massacre in 1838. During the conference a number of local people who had been working for proper recognition of this shared history for a long time joined the conference. At the close of the conference it was decided to erect a memorial to the Aboriginal people who had been massacred there 160 years before.
A committee was formed to carry through the proposal to erect a memorial. At the first meeting of the committee the following resolutions were agreed upon:
“If we and our descendants are to live in peace in Australia then we have to tell and acknowledge the truth of our history. It is not that all of our history is bad, but the bad must be acknowledged along with the good, if we are to have any integrity. There is a code of silence surrounding the massacres.
We want Australia to be an inclusive society, where Aboriginal and non-Aboriginal are honoured and respect each other. This cannot happen until the history includes the stories of how Aboriginal people as well as non-Aboriginal people experienced the history.
We owe it to those who died defending their country and families, or died as innocent victims of vengeance, to create a memorial which reminds us of their part in our common history.
It is important to acknowledge the people who acted for justice in the story: Frederick I. Foot, a local landowner who reported the massacre, Mr Hobbs the manager of Myall Creek Station; Edward Denny Day, the officer who investigated the crime and others. The fact is that for the first time, the perpetrators of such crime in this country were brought to justice.”
On 10 June 2000 about 400 people gathered for the opening of the first stage of the memorial. Similar numbers have gathered on the second Saturday of June in each year subsequently prior to incorporation of this association, and have asked to have their names recorded as Friends of Myall Creek.
Prior to adoption of this constitution and incorporation of this association, the planning of the memorial and of the annual gathering for the memorial service have been organised by the Myall Creek Memorial Committee whose members were elected for three year terms by the annual gathering. The people who meet for the annual gathering have decided that the organisation should seek formal incorporation as an association.
- Name and Guiding Principles
- The name of the not-for-profit association is Friends of Myall Creek Memorial (hereinafter called “the association”).
- The Friends of Myall Creek Memorial are working towards constructive reconciliation through truth-telling with the guiding principles of justice, respect, honour, loyalty, inclusiveness, education and sustainability.
- Objectives
2.1 The objectives of the association are:
- to maintain and develop the memorial to the 28 or more Wirrayaraay people who were massacred by the son of a squatter and a group of eleven convicts and ex-convicts at Myall Creek Station on Saturday, 10 June 1838;
- to memorialise and teach the truth of the shared history of Aboriginal and other Australians across the continent during the period of invasion/settlement with a view to contributing to a more just reconciliation between our peoples.
- the design, construction, operation, administration and maintenance of an Educational and Cultural Centre including a keeping place for relevant Aboriginal and non-Aboriginal cultural objects and family history located at Myall Creek, Delungra Road, Myall Creek NSW 2403.
- Definitions
3.1 (1) In this constitution:
Annual Gathering means the gathering on the second weekend in June of each year at Myall Creek to commemorate the massacre and to provide an opportunity for participants to commit themselves to the task of a just reconciliation between our peoples,
Approved Institutions means a fund authority or institution that at the time qualifies under an item in any of the tables in subdivision 30-B of the Income Tax Assessment Act and, where endorsement as a deductible gift recipient by the Commissioner of Taxation is required, it is so endorsed.
Council means Gwydir Shire Council.
Director-General means the Director-General of the Department of Services, Technology and Administration.
executive officer means:
(a) the person holding office under this constitution as executive officer of the association, or
(b) if no such person holds that office – the public officer of the association.
Gift Fund means the gift fund established pursuant to clause 8 (e).
not-for-profit means the assets and income of the organisation shall be applied solely in furtherance of the above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the organisation.
special general meeting means a general meeting of the association other than an annual general meeting.
the Act means the Associations Incorporation Act 2009 and the Associations Incorporations Amendment (Review) Act 2016.
the Regulation means the Associations Incorporation Regulation 2010.
(2) In this constitution:
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.
(3) The provisions of the Interpretation Act 1987 apply to and in respect of this constitution in the same manner as those provisions would so apply if this constitution were an instrument made under the Act.
- Membership
4.1 Membership generally
(a) Unless the committee at any time decides otherwise, each person who attends the Annual Gathering or other Friends of Myall Creek event, or who visits the website of the Friends of Myall Creek Memorial, is eligible to seek membership and be recorded in the Register of Members as a Friend of Myall Creek Memorial Inc. and a member of the association.
(b) The membership of a person is effective when the information mentioned in clause 4.5(2), relating to that person, is recorded in the Register of Members.
(c) A person is taken to be a member of the association if the person was one of the individuals on whose behalf an application for registration of the association under section 6 (1) (a) of the Act was made.
4.2 Cessation of membership
A person ceases to be a member of the association if the person:
(a) dies, or
(b) resigns membership, or
(c) is expelled from the association
4.3 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 on cessation of the person’s membership.
4.4 Resignation of membership
(a) A member of the association may resign from membership of the association by first giving to the executive officer written notice of resignation and, the member will cease to be a member on the seventh day after the notice is received unless it is withdrawn by the member in the meantime. The executive officer will then notify the public officer.
(b) If a member of the association ceases to be a member under subclause (1), and in every other case where a member ceases to hold membership, the executive officer must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
4.5 Register of members
(a) The public officer of the association must establish and maintain a register of members of the association specifying the name and postal, residential or email address of each person who is a member of the association together with the date on which the person became a member.
(b) The register of members must be kept in New South Wales:
(c) at the main premises of the association, or
(d) if the association has no premises, at the association’s official address.
(e) The register of members must be open for inspection, free of charge, by any member of the association at any reasonable hour.
(f) A member of the association may obtain a copy of any part of the register on payment of a fee of not more than $1 for each page copied.
(g) If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.
(h) A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
(i) the purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the association or other material relating to the association, or
(j) any other purpose necessary to comply with a requirement of the Act or the Regulation.
4.6 Fees and subscriptions
The annual general meeting of the association may decide from time to time that a membership fee shall be payable when a person becomes a member of the association or that an annual subscription shall be payable by each member of the association, and the timing of any such payments
4.7 Members’ liabilities
The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the 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 clause 4.6.
4.8 Resolution of disputes
A dispute between a member and another member (in their capacity as members) of the association, or a dispute between a member or members and the association, is to be referred for resolution to the two co-chairpersons, and they shall determine the process for dealing with the dispute and their decision regarding resolution shall be final.
- The committee
5.1 Powers of the committee
Subject to the Act, the Regulation and this constitution and to any resolution passed by the association in general meeting, the committee:
(a) is to control and manage the affairs of the association, and
(b) may exercise all such functions as may be exercised by the association, other than those functions that are required by this constitution to be exercised by a general meeting of members of the association, and
(c) has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the association.
5.2 Composition and membership of committee
(a) The total number of committee members is to be fourteen unless the committee or a general meeting decides from time to time to increase or reduce the number of committee members.
(b) The first members of the committee of the association will be the members of the committee of the unincorporated body at the date when the association is incorporated.
(c) There will at all times be equal numbers of Aboriginal and other members of the association on the committee, unless there is a temporary imbalance, following withdrawal of a member. If this occurs and the Aboriginal membership is reduced, a non-Indigenous member will be required to abstain from voting until the equal balance is restored. The process will be determined in the Governance Policy.
5.3 Election of committee members
(a) All members of the committee other than the members mentioned in clause 5.4(f) & 5.4(g) shall be elected at the annual general meeting or appointed to fill a casual vacancy pursuant to clause 5.7(a)
(b) Nominations of candidates for election as committee members must be made in such manner as the committee or the annual general meeting from time to time decides.
(c) Unless a general meeting shall decide otherwise, the committee shall decide the manner in which the election shall be conducted
(d) One third of the Aboriginal committee members and one third of the other committee members shall retire at the close of each annual general meeting. Those who shall retire shall be those who have been in office for the longest time since their last election. If persons have been in office for the same length of time since their last election, the person(s) to retire shall be chosen by the committee or by the drawing of lots. If one third of each category of committee membership is not a whole number, the number to retire shall be the next whole number above one third.
(e) Retiring committee members shall be eligible for re-election. Retiring committee members, who wish to stand for re-election to the committee will need to advise their intention four (4) weeks prior to the AGM.
5.4 The office bearers shall be appointed by the committee from its members at the first meeting of the committee after the annual general meeting and shall be:
(a) two co-chairpersons – one Aboriginal and one other Australian;
(b) the executive officer;
(c) the treasurer;
(d) the public officer who may also hold another of the offices.
(e) The committee may from time to time recommend to the annual general meeting that one or more prominent persons known to be committed to the aims of the association be invited to serve as patrons of the committee for three (3) years and any such person(s) may be invited to continue in the role for a further period.
(f) The committee has designated Mrs Sue Blacklock, a descendant of those ‘ massacred, as Foundation Life Member.
(g) The Foundation Life Member and other inducted Life Members shall be ex-officio members of the committee.
5.5 Executive Officer
(a) The executive officer of the association must, as soon as practicable after being appointed, lodge notice with the association of his or her address.
(b) It is the duty of the executive officer to keep minutes of:
(i) all appointments of office-bearers and members of the committee,
(ii) the names of members of the committee present at a committee meeting or a general meeting, and
(iii) all proceedings at committee meetings and general meetings.
(c) Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting, if present at that meeting. Email confirmation of the minutes is acceptable.
5.6 Treasurer
It is the duty of the treasurer of the association to ensure:
(a) that all money due to the association is collected and received and that all payments authorised by the association are made,
(b) that correct books and accounts are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association;
(c) that an annual financial report to the end of March of each year shall be prepared for submission to the annual general meeting; and
(d) that the annual financial report is audited before the annual general meeting.
5.7 Casual vacancies
(a) In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to this constitution, until the conclusion of the annual general meeting next following the date of the appointment.
(b) A casual vacancy in the office of a member of the committee occurs if the member:
(i) dies, or
(ii) ceases to be a member of the association, or
(iii) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
(iv) resigns office by notice in writing given to the executive officer, or
(v) becomes a mentally incapacitated person, or
(vi) is absent without the consent of the committee from 3 consecutive meetings of the committee and the committee resolves that the office be vacated, or
(vii) is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or
(viii) is prohibited from being a director of a company under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act 2001 of the Commonwealth.
5.8 Removal of committee members
(a) The association in general meeting may by resolution remove any member of the committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(b) If a member of the committee to whom a proposed resolution referred to in subclause (a) relates makes representations in writing to the executive officer or one of the co-chairpersons (not exceeding a reasonable length) and requests that the representations be notified to the members of the association, the executive officer or the co-chairperson may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
5.9 Committee meetings and quorum
(a) The committee must meet at least 3 times in each period of 12 months at such place and time as the committee may determine.
(b) Additional meetings of the committee may be convened by either of the co-chairpersons or by any member of the committee.
(c) Oral, email or written notice of a meeting of the committee must be given by the executive officer to each member of the committee at least seven days (or such other period as may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
(d) Notice of a meeting given under subclause (c) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.
(e) Any 5 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee, provided 3 of those members are Aboriginal.
(f) If a quorum is not present within 20 minutes of the advertised meeting time, the meeting may proceed, and records of the meeting shall be circulated immediately to all members of the committee. If no objection is received within seven days of posting, the decisions of the meeting shall stand
(g) At a meeting of the committee:
(i) the two co-chairpersons are to preside or may alternate presiding and, if one of them is absent the other is to preside; or
(ii) if both co-chairpersons 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 is to preside.
(iii) The committee may at its discretion decide to meet by teleconference or by using such form of communication as the committee shall approve and the committee shall determine the manner in which decisions shall be made by the committee when the committee members are not personally present together at a meeting.
5.10 Delegation by committee to sub-committee
(a) The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the association, or other persons with specific expertise, as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than:
(i) this power of delegation, and
(ii) a function which is a duty imposed on the committee by the Act or by any other law.
(b) Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by the committee.
(c) The committee may, by instrument in writing, revoke wholly or in part any delegation under this clause.
(d) A sub-committee may meet and adjourn as it thinks proper.
5.11 Voting and decisions
(a) Questions arising at a meeting of the committee or of any sub-committee appointed by the committee are to be determined by consensus decision making procedures or, if there is no consensus, by a majority of the votes of members of the committee or sub-committee present at the meeting.
(b) 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 at a sub-committee meeting. The Aboriginal co-chair will have the right to exercise a second or casting vote at a committee meeting even if not presiding at the meeting, but if the Aboriginal co-chair is not present, the person presiding at the committee meeting will have the casting vote.
(c) Subject to clause 5.9 (e), the committee may act despite any vacancy on the committee.
(d) Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.
- General meetings
6.1 Annual general meetings – holding of
(a) The association must hold its first annual general meeting within 18 months after its registration under the Act.
(b) The association’s annual general meeting will be held during the Annual Gathering.
6.2 Annual general meetings – business
(a) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:
(i) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,
(ii) to receive from the committee reports on the activities of the association during the last preceding financial year,
(iii) to elect committee members,
(iv) to receive and consider any financial statement or report required to be submitted to members under the Act.
(b) An annual general meeting must be specified as such in the notice convening it.
6.3 Special general meetings – calling of
(a) The committee must, on the requisition in writing of at least 5 per cent of the total number of members, convene a special general meeting of the association.
(b) A requisition of members for a special general meeting:
(i) must state the purpose or purposes of the meeting, and
(ii) must be signed by the members making the requisition, and
(iii) must be lodged with the executive officer, and
(iv) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
(c) If the committee fails to convene a special general meeting to be held within 1 month after that date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.
(d) A special general meeting convened by a member or members as referred to in subclause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee.
(e) A special general meeting may also be convened by the committee on its own initiative or by the co-chairpersons.
6.4 Notice
(a) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the executive officer must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
(b) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the executive officer must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under subclause (a), the intention to propose the resolution as a special resolution.
(c) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under clause 6.2 (b).
(d) A member desiring to bring any business before a general meeting may give notice in writing of that business to the Executive Officer who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.
6.5 Quorum for general meetings
(a) No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that item.
(b) Five members present (being members entitled under this constitution to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
(c) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
(i) if convened on the requisition of members, is to be dissolved, and
(ii) in any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.
(d) 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 at least 3) are to constitute a quorum.
6.6 Co-Chairpersons
(a) The co-chairpersons are to preside at each general meeting of the association and if one of the co-chairpersons is absent or unwilling to act, the other co-chairperson is to preside.
(b) If both co-chairpersons are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.
6.7 Adjournment
(a) 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 is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(b) If a general meeting is adjourned for 14 days or more, the executive officer must 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.
(c) Except as provided in subclauses (a) and (b), 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.
6.8 Making of decisions
(a) A question arising at a general meeting of the association is to be determined by the method of consensus decision making chosen by the committee and if there is a failure to obtain consensus, the question may be decided by either:
(i) a show of hands, or
(ii) if on the motion of the chairpersons or if 5 or more members present at the meeting decide that the question should be determined by a written ballot—a written ballot.
(b) If the question is to be determined by a show of hands, a declaration by the chairpersons 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.
(c) If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairpersons.
6.9 Special resolutions
A special resolution may only be passed by the association in accordance with section 39 of the Act.
6.10 Voting
(a) On any question arising at a general meeting of the association a member has one vote only.
(b) In the case of an equality of votes on a question at a general meeting, each of the co-chairpersons may vote as a member and the co-chairpersons of the meeting are jointly entitled to exercise a second or casting vote and if there is a difference of opinion between the co-chairs then the Aboriginal co-chair will cast the deciding vote.
(c) A member is not entitled to vote at any general meeting of the association unless all money due and payable by the member to the association has been paid.
(d) A member is not entitled to vote at any general meeting of the association if the member is under 18 years of age.
6.11 Proxy votes not permitted
A member of the association is not permitted to appoint a proxy and proxy voting must not be undertaken at or in respect of a general meeting.
6.12 Postal ballots
(a) The association may hold a postal ballot to determine any issue or proposal.
(b) A postal ballot is to be conducted in accordance with Schedule 3 to the Regulation.
- Miscellaneous
7.1 Insurance
The association may effect and maintain insurance.
7.2 Funds – source
(a) The funds of the association are to be derived from donations and, subject to any resolution passed by the association in general meeting, such other sources as the committee determines.
(b) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank or other authorised deposit-taking institution account.
(c) The association must, as soon as practicable after receiving any money, issue an appropriate receipt.
7.3 Funds – management
(a) Subject to any resolution passed by the association in general meeting, the funds of the association are to be used in pursuance of the objects of the association in such manner as the committee determines.
(b) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments, including online payments, must be signed or approved by any 2 members of the committee or employees of the association, being members or employees authorised to do so by the committee.
7.4 Change of name, objects and constitution
An application to the Director-General for registration of a change in the association’s name, objects or constitution in accordance with section 10 of the Act is to be made by the public officer or an authorised executive officer.
7.5 Custody of books etc
Except as otherwise provided by this constitution, the public officer must keep in his or her custody, or under his or her control all records, books and other documents relating to the association.
7.6 Inspection of books etc
(a) The following documents must be open to inspection, free of charge, by a member of the association at any reasonable hour:
(i) records, books and other financial documents of the association,
(ii) this constitution,
(iii) minutes of all committee meetings and general meetings of the association.
(b) A member of the association may obtain a copy of any of the documents referred to in subclause (a) on payment of a fee of not more than $1 for each page copied.
7.7 Service of notices
(a) For the purpose of this constitution, a notice may be served on or given to a person:
(i) by delivering it to the person personally, or
(ii) by sending it by pre-paid post to the address of the person, or
(iii) by sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
(b) For the purpose of this constitution, a notice is taken, unless the contrary is proved, to have been given or served:
(i) in the case of a notice given or served personally, on the date on which it is received by the addressee, and
(ii) in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
(iii) in the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
7.8 Financial year
The financial year of the association is:
(a) the period of time commencing on the date of incorporation of the association and ending on the following 31 March, and
(b) each period of 12 months after the expiration of the previous financial year of the association, commencing on 1 April and ending on the following 31 March.
Note: Schedule 1 of the Act provides that an association’s constitution is to address the association’s financial year.
- Funds and Accounts
(a) The association shall cause to be maintained a proper set of financial accounts (including balance sheets, profit and loss statements, and trial balances).
(b) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank account.
(c) The association must, as soon as practicable after receiving any money, issue an appropriate receipt in the name of the association.
(d) The association must maintain a Gift Fund:
(i) to which gifts of money or property for that purpose are to be made; and
(ii) to which any money received because of such gifts is to be credited; and
(iii) that does not receive any other money or property; and
(iv) which complies with any other requirements specified in subdivision 30-BA of the Income Tax Assessment Act; and
(v) Receipts must be issued in the name of the Gift Fund; and
(vi) The public must be invited to contribute to the Gift Fund; and
(vii) The fund must operate on a non-profit basis. Moneys must not be distributed to members of the managing committee or trustees of the fund except as reimbursement for out-of-pocket expenses incurred on behalf of the fund or proper remuneration for administrative services; and
(viii) The gift fund will be managed by members of the Gift Fund Sub-Committee of the Friends of Myall Creek Memorial, the majority of whom (at least three) have a degree of responsibility to the general community as described under paragraph 21 of the ATO Ruling TR95/27; and
(ix) The ATO must be notified of any changes to these gift fund rules or the Constitution of the Friends of Myall Creek Memorial.
(e) donated moneys in the Gift Fund can only be used for objectives as set out in clause 2.1.
(f) Notwithstanding any other provisions in these Rules, if the Gift Fund is wound up or if the endorsement (if any) under Division 30 of the Income Tax Assessment Act of the association is revoked, any surplus assets of the Gift Fund remaining after payment of liabilities attributable to it must be transferred to an Approved Institution with Deductible Gift Recipient status.
- Winding Up
In the event of the winding up of the association, notwithstanding clause 8 all funds and assets of the association other than the Gift Fund (which shall be transferred in accordance with clause 8 of this Constitution) that remain after such dissolution and the satisfaction of all debts and liabilities, shall be transferred to a not-for-profit charity which has the purpose of benefiting Aboriginal people, is approved to receive tax deductible gifts and has rules prohibiting the distribution of assets and income to its members.
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Appendix 1 Application for membership of association
(Clause 3 (1))
APPLICATION FOR MEMBERSHIP OF ASSOCIATION
…….…..Friends of Myall Creek Memorial Incorporated…………………….. ………..(incorporated under the Associations Incorporation Act 2009)…………….
I, ……………………………………………………………………………………………………………………
[full name of applicant]
of …………………………………………………………………………………………………………………..
[address]
………………………………………………………………………………………………………………………
[occupation]
hereby apply to become a member of the abovenamed incorporated association. In the event of my admission as a member, I agree to be bound by the constitution of the association for the time being in force.
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Signature of applicant Date