MODEL RULES

SCHEDULE 1 – MODEL RULES FOR AN ASSOCIATION

The name of the association is as follows: The Hive Community

2. Interpretation

In these rules, unless the context otherwise requires –

accounting records has the same meaning as in the Act;

Act means the Associations Incorporation Act 1964;

annual general meeting means an annual general meeting of the Association held under rule 13;

Association means the association referred to in rule 1;

association has the same meaning as in the Act;

auditor means the person appointed as the auditor of the Association under rule 10;

authorised deposit-taking institution means a body corporate that is an authorised deposit-taking

institution for the purposes of the Banking Act 1959 of the Commonwealth;

basic objects of the Association means the objects and purposes of the Association as stated in an

application under section 7 of the Act for the incorporation of the Association;

The board means the board of management referred to in rule 24;

A subcommittee means a group of members or non-members appointed for a specific purpose by

the board

financial year has the same meaning as in the Act;

general meeting means –

(a) an annual general meeting; or

(b) a special general meeting;

officer of the Association means a person elected as an officer of the Association at an annual

general meeting or appointed as an officer of the Association under rule 24(5);

ordinary business of an annual general meeting means the business specified in rule 13(5);

ordinary board member means a member of the board other than an officer of the Association;

public officer means the person who is, under section 14 of the Act, the public officer of the

Association;

special board meeting means a meeting of the board that is convened under rule 28(2) by the

president or two of the members of the board;

special general meeting means a special general meeting of the Association convened under rule 14;

special resolution has the same meaning as in the Act.

3. Association’s office

The office of the Association is to be at the following place or at any other place the board

determines:

24 Davey Street, Level 4

7000 Hobart

Tasmania

4. Objects and purposes of Association

The objects and purposes of the Association consist of the basic objects of the Association and the

following objects and purposes:

(a) the purchase, taking on lease or in exchange, hire or other acquisition of any real or

personal property necessary or convenient for any of the objects or purposes of the

Association;

(b) the purchase, sale or supply of, or other dealing in, goods;

convenient for any of the objects or purposes of the Association;

(d) the acceptance of a gift for any of the objects or purposes of the Association;

(e) the taking of any step the board, or the members of the Association at a general meeting,

determine expedient for the purpose of procuring contributions to the funds of the

Association;

(f) the printing or publication of any newspaper, periodical, book, leaflet or other document

the board, or the members of the Association at a general meeting, determine desirable for

the promotion of any of the objects or purposes of the Association;

(g) the borrowing and raising of money in any manner and on terms –

(i) the board thinks fit; or

(ii) approved or directed by resolution passed at a general meeting;

(h) subject to the provisions of the Trustee Act 1898, the investment, in any manner the

board determines, of any money of the Association not immediately required for any of the

objects or purposes of the Association;

(i) the making of a gift, subscription or donation to any of the funds, authorities or

institutions to which section 78A of the Income Tax Assessment Act 1936 of the

Commonwealth relates;

(j) the establishment and support, or aiding in the establishment and support, of

associations, institutions, funds, trusts, schemes or conveniences calculated to benefit

employees or past employees of the Association and their dependants, and the granting of

pensions, allowances or other benefits to employees or past employees of the Association

and their dependants, and the making of payments towards insurance in relation to any of

those purposes;

(k) the establishment and support, or aiding in the establishment or support, of any other

association formed for any of the basic objects of the Association;

(l) the purchase, or acquisition, and the undertaking of all or part of the property, assets,

liabilities or engagements of any association with which the Association is amalgamated in

accordance with the provisions of the Act and the rules of the Association;

(m) the doing of any lawful thing incidental or conducive to the attainment of the objects or

purposes of the Association.

5. Membership of Association

(1) A person who is nominated and approved for membership in accordance with this rule is

eligible to be a member of the Association on payment of the annual subscription specified

in rule 32.

(2) A person who is not a member of the Association at the time of the incorporation of the

Association is not to be admitted as a member of the Association unless –

(a) the person is nominated for membership in accordance with subrule (3); and

(b) the person is approved for membership by the board.

(3) A nomination of a person for membership is to be –

(a) made through the purchase of a membership

(b) complimentary if first approved by the board in a board meeting and deemed

beneficial to do so for the association.

(4) When a purchase of membership has been completed, the Treasurer or another

person nominated by the board is to -

(a) notify the person that their membership purchase has been approved for

membership of the Association; and

(b) on receipt of the amount payable by the member as the first annual subscription,

enter the person’s name in the register of members.

(5) A member of the Association may resign by serving the board a written or electronic

notice of resignation.

(6) On receipt of a notice from a member of the Association under subrule

(7), Treasurer or another person nominated by the board by the board is to remove the name of the member

from the register of members.

(9) A person –

(a) becomes a member of the Association when his or her name is entered in the

(b) ceases to be a member of the Association when his or her name is removed from

the register of members under subrule (8) or rule 32(4).

(10) Treasurer or another person nominated by the board is to maintain, or establish and

maintain, a register of members containing –

(a) the name of each member of the Association and the date on which he or she

became a member; and

(b ) an email address, if any, that the member has nominated as the email

address to which notices from the Association may be sent; and

( c) the name of each person who has ceased to be a member of the Association

and the date on which the person ceased to be a member of the Association.

6. Liability of members

(1) Any right, privilege or obligation of a person as a member of the Association –

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

(b) terminates when the person ceases to be a member of the Association.

(2) If the Association is wound up, each person who was, immediately before the Association

is wound up, a member of the Association, and each person who was a member of the

Association within the period of 12 months immediately preceding the commencement of

the winding-up, is liable to contribute –

(a) to the assets of the Association for payment of the liabilities of the Association;

and

(b) for the costs, charges and expenses of the winding-up; and

(3) Any liability under subrule (2) is not to exceed the cost of an annual membership.

(4) Despite subrule (2), a former member of the Association is not liable to contribute under

that subrule in respect of any liability of the Association incurred after he or she ceased to

be a member.

7. Income and property of Association

(1) The assets and income of the organisation shall be applied solely towards the promotion

of the objects and purposes of the Association

(2) No portion of the income or property of the Association is to be paid or transferred to

any member of the Association except as genuine compensation for services rendered or

expenses incurred on behalf of the organisation.

(3) The Association may –

(a) pay a person or member of the Association –

(i) remuneration in return for services rendered to the Association, or for

goods supplied to the Association, in the ordinary course of business of the

person or member; or

(ii) remuneration that constitutes a reimbursement for out-of-pocket

expenses incurred by the person or member for any of the objects or

purposes of the Association; or

(iii) interest at a rate not exceeding 7.25% on money lent to the Association

by the person or member; or

(iv) a reasonable amount by way of rent for premises, or a part of premises,

let to the Association by the person or member; and

(b) pay a member of the board remuneration in return for carrying out the functions

of a member of the board; and

functions of a member of the subcommittee; and

(d) if so requested by or on behalf of any other association, organisation or body,

appoint or nominate a member of the Association to an office in that other

association, organisation or body.

(4) Despite subrule (3)(a), (b) and (c), the Association is not to pay a person any amount

under that subrule unless the Association or board has first approved that payment.

(5) Despite subrule (3)(d), the Association is not to appoint or nominate a member of the

Association under that subrule to an office in respect of which remuneration is payable

unless the Association or board has first approved –

(a) that appointment or nomination; and

(b) the receipt of that remuneration by that member.

8. Accounts of receipts and expenditure

(1) True accounts are to be kept of the following:

(a) each hardcopy or electronic receipt or payment of money by the Association and the

matter in respect of which the money was received or paid;

(b) each asset or liability of the Association.

(2) The accounts are to be open to inspection by the members of the Association at any reasonable

time, and in any reasonable manner, determined by the board.

(3) The treasurer of the Association is to keep all accounting books, and general records and records

of receipts and payments, connected with the business of the Association in the form and manner

the board determines.

(4) The accounts, books and records are to be kept at the Association’s office or at any other place

the board determines.

9. Banking and finance

(1) On behalf of the Association, the treasurer of the Association is to –

(a) receive any money paid to the Association; and

(b) immediately after receiving the money, issue an official receipt in respect of the money;

and

practicable after it is received.

(2) The board is to open with an authorised deposit-taking institution an account in the name of

the Association.

(3) The board may –

(a) receive from an authorised deposit-taking institution a cheque drawn by the Association

on any of the Association’s accounts with the authorised deposit-taking institution; and

(b) release or indemnify the authorised deposit-taking institution from or against any claim,

or action or other proceeding, arising directly or indirectly out of the drawing of that cheque.

(4) Except with the authority of the board, a payment of an amount exceeding $100 is not to

be made from the funds of the Association other than –

(a ) by the electronic transfer of funds from the Association’s account to another

account at an authorised deposit-taking institution.

(5) The board may provide the treasurer of the Association with an amount of money to meet

urgent expenditure, subject to any conditions the board may impose in relation to the expenditure.

(6) An amount is not to be electronically transferred from the Association’s account to another

account at an authorised deposit-taking institution, except for the purpose of making a payment that

has been authorised by the board.

(8) An electronic transfer of an amount from the Association’s account to another account at an

authorised deposit-taking institution –

(a) may only be authorised by the Treasurer of the Association or, in the treasurer’s absence,

by any other member, or members, of the board the board nominates for that purpose; and

(b) may only be authorised by a person referred to in paragraph (a) if the authorisation has

been approved by the Treasurer.

10. Auditor

(1) At each annual general meeting, the members of the Association present at the meeting are to

appoint a person as the auditor of the Association.

(2) If an auditor is required by law and is not appointed at an annual general meeting under subrule

(1), the board is to appoint a person as the auditor of the Association as soon as practicable after

that annual general meeting.

(3) The auditor is to hold office until the next annual general meeting and is eligible for re-

appointment.

(4) The first auditor –

(a) may be appointed by the board before the first annual general meeting; and

(b) if so appointed, holds office until the end of the first annual general meeting unless

earlier removed by a resolution of the members of the Association at a general meeting.

(5) If the first auditor is appointed by the board under subrule (4)(a) and subsequently removed at a

general meeting under subrule (4)(b), the members of the Association, at that general meeting, may

appoint an auditor to hold office until the end of the first annual general meeting.

(6) Except as provided in subrule (4)(b), the auditor may only be removed from office by special

resolution.

(7) If a casual vacancy occurs in the office of auditor, the board is to appoint a person to fill the

vacancy until the end of the next annual general meeting.

11. Audit of accounts

(1) The auditor is to audit the financial affairs of the Association at least once in each financial year

of the Association.

(2) The auditor, after auditing the financial affairs of the Association for a particular financial year of

the Association, is to –

(a) certify as to the correctness of the accounts of the Association; and

(b) at the next annual general meeting, provide a written report to the members of the

Association who are present at that meeting.

(3) In the report and in certifying to the accounts, the auditor is to –

(a) specify the information, if any, that he or she has required under subrule (5)(b) and

obtained; and

(b) state whether, in his or her opinion, the accounts exhibit a true and correct view of the

financial position of the Association according to the information at his or her disposal; and

have been observed.

(4) The Treasurer is to deliver to the auditor a list of all the accounting records, books and accounts

of the Association.

(5) The auditor may –

(a) have access to the accounting records, books and accounts of the Association; and

(b) require from any employee of, or person who has acted on behalf of, the Association any

information the auditor considers necessary for the performance of his or her duties; and

(d) examine any member of the board, or any employee of, or person who has acted on

behalf of, the Association, in relation to the accounting records, books and accounts of the

Association.

12. Exemptions under the Act

(1) For any financial year that the Association is exempt from the requirement to be audited by

virtue of section 24(1B) or (1C) of the Act –

(a) an auditor is not required to be appointed for that financial year under rule 10 unless the

Association elects to have the financial affairs of the Association for that financial year

audited in accordance with the Act and these rules; and

(b) if an auditor is not appointed for a financial year by virtue of paragraph (a) –

(i) rules 10 and 11 do not apply in respect of the Association for that financial year;

and

(ii) rule 13(5)(b), to the extent that it relates to an auditor, does not apply in respect

of the annual general meeting held by the Association in respect of that financial

year; and

(iii) rule 13(5)(d) does not apply in respect of the annual general meeting held by the

Association in respect of that financial year.

(2) For any financial year that the Association is exempt from the requirement to provide an annual

return by virtue of section 24(1B) of the Act, the board must provide, as part of the ordinary

business of the annual general meeting for that financial year, a copy of the annual financial report

given under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth

in respect of that financial year.

13. Annual general meeting

(1) The Association is to hold an annual general meeting each year.

(2) An annual general meeting is to be held on any day (being not later than 3 months after the end

of the financial year of the Association) the board determines.

(3) An annual general meeting is to be in addition to any other general meeting that may be held in

the same year.

(4) The notice convening an annual general meeting is to specify the purpose of the meeting.

(5) The ordinary business of an annual general meeting is to be as follows:

(a) to confirm the minutes of the last preceding annual general meeting and of any general

meeting held since that meeting;

(b) to receive from the board, auditor, employees and other persons acting on behalf of the

Association reports on the transactions of the Association during the last preceding financial

year of the Association;

(d) unless exempt from the requirement to be audited by virtue of section 24(1B) or (1C) of

the Act, appoint the auditor and determine his or her remuneration;

(e) to determine the remuneration of employees and other persons acting on behalf of the

Association.

(6) An annual general meeting may transact business of which notice is given in accordance with rule

15.

(7) Minutes of proceedings of an annual general meeting are to be kept, in the minute book of the

Association, by the secretary or, in the absence from the meeting of the secretary, by an officer of

the Association who is nominated by the chairperson of the meeting.

14. Special general meetings

(1) The board may convene a special general meeting of the Association at any time.

(2) The board, on the requisition in writing of at least 50% of the members of the Association, is to

convene a special general meeting of the Association.

(3) A requisition for a special general meeting –

(a) is to state the objects of the meeting; and

(b) is to be signed by each of the requisitionists; and

(d) may consist of several documents, each signed by one or more of the requisitionists.

(4) If the board does not cause a special general meeting to be held within 21 days after the day on

which a requisition is deposited at the office of the Association, any one or more of the

requisitionists may convene the meeting within 3 months after the day on which the requisition is

deposited at the office of the Association.

(5) A special general meeting convened by requisitionists is to be convened in the same manner, as

nearly as practicable, as the manner in which a special general meeting would be convened by the

board.

(6) All reasonable expenses incurred by requisitionists in convening a special general meeting are to

be refunded by the Association.

15. Notices of general meetings

(1) At least 7 days before the day on which a general meeting of the Association is to be held, the

Secretary is to publish a notice specifying –

(a) the place, day and time at which the meeting is to be held; and

(b) the nature of the business that is to be transacted at the meeting.

(2) A notice is published for the purposes of subrule (1) if the notice –

(a ) appears on a website or at an electronic address, of the Association; or

(b ) is sent to each member of the Association at –

(i ) an email address that the member has nominated as the email address to

which notices from the Association may be sent; or

( c) is given by another means, determined by the Secretary , that is reasonably likely to

ensure that the members of the Association will be notified of the notice.

16. Business and quorum at general meetings

(1) All business transacted at a general meeting, other than the ordinary business of an annual

general meeting, is special business.

(2) Business is not to be transacted at a general meeting unless a quorum of members of the

Association entitled to vote is present at the time when the meeting considers that business.

(3) A quorum for the transaction of the business of a general meeting is 5 members of the

Association entitled to vote.

(4) If a quorum is not present within one hour after the time appointed for the commencement of a

general meeting, the meeting –

(a) if convened on the requisition of members of the Association, is dissolved; or

(b) if convened by the board, is to be adjourned to the same day in the next week at the

same time and –

(i) at the same place; or

(ii) at any other place specified by the chairperson –

(A) at the time of the adjournment; or

(B) by notice in a manner determined by the chairperson.

(5) If at an adjourned general meeting a quorum is not present within one hour after the time

appointed for the commencement of the meeting, the meeting is dissolved.

17. Chairperson at general meetings

At each general meeting of the Association, the chairperson is to be –

(a) the senior vice-president (chair); or

(b) in the absence of the senior vice-president (chair), the vice-president; or

; or

(d) in the absence of the senior vice-president (chair) and vice-president and Treasurer, a

member of the Association elected to preside as chairperson by the members of the

Association present and entitled to vote at the general meeting.

18. Adjournment of general meetings

(1) The chairperson of a general meeting at which a quorum is present may adjourn the meeting

with the consent of the members of the Association who are present and entitled to vote at the

meeting, 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.

(2) If a meeting is adjourned for 14 days or more, notice of the adjourned meeting is to be given in

the same manner as the notice of the original meeting.

(3) If a meeting is adjourned for less than 14 days, it is not necessary to give any notice of the

adjournment or of the business to be transacted at the adjourned meeting.

19. Determination of questions arising at general meetings

(1) A question arising at a general meeting of the Association is to be determined on a show of

hands.

(2) A declaration by the chairperson that a resolution has, on a show of hands, been lost or carried,

or been carried unanimously or carried by a particular majority, together with an entry to that effect

in the minute book of the Association, is evidence of that fact unless a poll is demanded on or before

that declaration.

20. Votes

(1) On any question arising at a general meeting of the Association, a member of the Association

(including the chairperson) has one vote only.

(2) All votes are to be given personally.

(3) Despite subrule (1), in the case of an equality of votes, the chairperson has a second or casting

vote.

21. Taking of poll

If at a general meeting a poll on any question is demanded –

(a) the poll is to be taken at that meeting in the manner that the chairperson determines;

and Associations Incorporation (Model Rules) Regulations 2017

(b) the result of the poll is taken to be the resolution of the meeting on that question.

22. When poll to be taken

(1) A poll that is demanded on the election of a chairperson, or on a question of adjournment, is to

be taken immediately.

(2) A poll that is demanded on any other question is to be taken at any time before the close of the

meeting as the chairperson determines.

23. Affairs of Association to be managed by a board

(1) The affairs of the Association are to be managed by a board of management constituted as

provided in rule 25.

(2) The board –

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

(b) may exercise all the powers and perform all the functions of the Association, other than

those powers and functions that are required by these rules to be exercised and performed

by members of the Association at a general meeting; and

management of the business and affairs of the Association.

24. Officers of the Association

(1) The officers of the Association are as follows:

(a) senior vice-president (chair);

(b) vice-president;

( b) the Treasurer;

(d) Director of Marketing and Communications;

(e) Director of Fundraising and Grants;
(c) Additional directors as deemed necessary and appointed by the members of the board

(2) Subject to subrule (4), the officers of the Association are to be elected in accordance with rule 26.

(3) Each officer of the Association is to hold office until the end of the next annual general meeting

after that at which he or she is elected and is eligible for re-election.

(4) If a casual vacancy in an office referred to in subrule (1) occurs, the board may appoint one of its

members to fill the vacancy until the end of the next annual general meeting after the appointment.

(5) If an office referred to in subrule (1) is not filled at an annual general meeting, there is taken to

be a casual vacancy in the office.

25. Constitution of the board

(1) The board consists of –

(a) the officers of the Association; and

(b) any Directors appointed by the officers of the Association and thereby elected at

subsequent Annual General Meetings, or until that Director position is absolved by the

officers of the Association.

(2) An ordinary board member is to hold office until the end of the next annual general meeting

after that at which he or she is elected and is eligible for re-election.

(3) If a casual vacancy occurs in the office of an ordinary board member, the board may appoint a

member of the Association to fill the vacancy until the end of the next annual general meeting after

the appointment.

(4) If an office of an ordinary board member is not filled at an annual general meeting, there is taken

to be a casual vacancy in the office.

26. Election of numbers of board

(1) A nomination of a candidate for election as an officer of the Association, or as an ordinary

board member, is to be –

(a ) delivered to the Secretary at least 7 days before the day on which the annual general

meeting is to be held.

(2) If insufficient nominations are received to fill all vacancies on the board –

(a) the candidates nominated are taken to be elected; and

(b) further nominations are to be received at the annual general meeting.

(3) If the number of nominations received is equal to the number of vacancies on the board to be

filled, the persons nominated are taken to be elected.

(4) If the number of nominations received exceeds the number of vacancies on the board to be

filled, a ballot is to be held.

(5) If the number of further nominations received at the annual general meeting exceeds the

number of remaining vacancies on the board to be filled, a ballot is to be held in relation to those

further nominations.

(6) The ballot for the election of officers of the Association and ordinary board members is to be

conducted at the annual general meeting in the manner determined by the board.

27. Vacation of office

For the purpose of these rules, the office of an officer of the Association, or of an ordinary board

member, becomes casually vacant if the officer or board member –

(a) dies; or

(b ) resigns office in writing addressed to the board; or

(c ) ceases to be ordinarily resident in Tasmania; or

(d ) is absent from 3 consecutive meetings of the board without the permission of the

other members of the board; or

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

(f ) fails to pay, within 14 days after receiving a notice in writing or electronically signed by

the Treasurer stating that the officer or board member has failed to pay one or more

amounts of annual subscriptions, all such amounts due and payable by the officer or

member.

28. Meetings of the board

(1) The board is to meet at least four times per year at any place and time the board determines.

(2) A meeting of the board, other than a meeting referred to in subrule (1), may be convened by the

vice-president (chair) or any member of the board.

(3) Written notice of any special board meeting is to be served on members of the board and is to

specify the general nature of the business to be transacted.

(4) A special board meeting may only transact business of which notice is given in accordance with

subrule (3).

(5) A quorum for the transaction of the business of a meeting of the board is 4 members of the

board.

(6) Business is not to be transacted at a meeting of the board unless a quorum is present.

(7) If a quorum is not present within half an hour after the time appointed for the commencement of

–

(a) a meeting of the board (other than a special board meeting), the meeting is to be

adjourned to the same day in the next week at the same time and at the same place; or

(b) a special board meeting, the meeting is dissolved.

(8) At each meeting of the board, the chairperson is to be –

(a) the senior vice-president (chair); or

(b) in the absence of the senior vice-president (chair), the vice-president; or

the board elected to preside as chairperson by the members of the board present at the

meeting.

(9) Any question arising at a meeting of the board is to be determined –

(a) on a show of hands; or

(b) if demanded by a member, by a poll taken at that meeting in the manner the chairperson

determines.

(10) On any question arising at a meeting of the board, a member of the board (including the

chairperson) has one vote only.

(11) Despite subrule (10), in the case of an equality of votes, the chairperson has a second or casting

vote.

(12) Written notice of each board meeting is to be served on each member of the board by –

(a) emailing it to the email address, of the member, that the member has nominated as the

email address to which notices from the Association may be sent.

29. Disclosure of interests

(1) If a member of the board or a member of a subcommittee has a direct or indirect financial

interest in a matter being considered, or about to be considered, by the board or subcommittee at a

meeting, the member is to, as soon as practicable after the relevant facts come to the member’s

knowledge, disclose the nature of the interest to the board.

(2) If at a meeting of the board or a subcommittee a member of the board or subcommittee votes in

respect of any matter in which the member has a direct or indirect financial interest, that vote is not

to be counted.

30. Subcommittee

(1) The board may –

(a) appoint a subcommittee from the board; and

(b) prescribe the powers and functions of that subcommittee.

(2) The board may co-opt any person as a member of a subcommittee without voting rights,

whether or not the person is a member of the Association.

(3) A quorum for the transaction of the business of a meeting of the subcommittee is 3 appointed

members entitled to vote.

(4) The secretary is to convene meetings of a subcommittee

(5) Any question arising at a meeting of a subcommittee is to be determined –

(a) on a show of hands; or

(b) if demanded by a member, by a poll taken at that meeting in the manner the chairperson

determines.

(6) On any question arising at a meeting of a subcommittee a member of the subcommittee

(including the chairperson) has one vote only.

(7) Written notice of each subcommittee meeting is to be served on each member of the

subcommittee by –

(a) emailing it to the email address, of the member, that the member has nominated as the

email address to which notices from the Association may be sent.

31. Executive board

(1) The senior vice-president, vice-presidents, the treasurer, secretary, director of marketing and

communications, director of fundraising and grands and additional directors constitute the executive

board.

(2) During the period between meetings of the board, the executive board may issue

instructions to the public officer and employees of the Association in matters of urgency connected

with the management of the affairs of the Association.

(3) The executive board is to report on any instructions issued under subrule (2) to the next

meeting of the board.

32. Annual subscription

(1) The annual subscription is valid for 12 months at the time of purchase and is payable by members

of the Association and is the following amount:

$50

(2) The Association may agree to alter the annual subscription of the Association if deemed suitable

in a board meeting.

(3) The annual subscription for a 12 month membership of the Association, that is payable by

members of the Association is due and payable on the first day following the end of their 12 month

subscription.

(4) If –

(a) a member of the Association has not paid his or her annual subscription of the

Association within 3 months after the first day of the end of their 12 months membership ;

and

(b) there has been sent to the member, after the first day of the end of their 12 months

membership, a notice in writing, stating that the member’s name may be removed from the

annual subscriptions due and payable by the member; and

subscriptions due and payable by the member –

the Treasurer or another member as deemed appropriate by the board may remove the name of the

member from the register of members maintained under rule 5(10).

33. Service of notices and requisitions

Except as otherwise provided by these rules, a document may be served under these rules on a

person by –

(a) giving it to the person; or

(b) leaving it at, or sending it by post to, the person’s postal or residential address or place or

address of business or employment last known to the server of the document; or

(d) emailing it to the person’s email address.

34. Expulsion of members

(1) The board may expel a member from the Association if, in the opinion of the board, the

member is guilty of conduct detrimental to the interests of the Association.

(2) The expulsion of a member under subrule (1) does not take effect until whichever of the

following occurs later:

(a) the fourteenth day after the day on which a notice is served on the member under

subrule (3);

(b) if the member exercises his or her right of appeal under this rule, the conclusion of the

special general meeting convened to hear the appeal.

(3) If the board expels a member from the Association, the Treasurer, without undue delay, is to

cause to be served on the member a notice in writing –

(a) stating that the board has expelled the member; and

(b) specifying the grounds for the expulsion; and

35. Appeal against expulsion

(1) A member may appeal against an expulsion under rule 34 by serving on the Treasurer within 14

days after the service of a notice under rule 34(3), a requisition in writing demanding the convening

of a special general meeting for the purpose of hearing the appeal.

(2) On receipt of a requisition, the public officer is to immediately notify the board of the receipt.

(3) The board is to cause a special general meeting to be held within 21 days after the day on

which the requisition is received.

(4) At a special general meeting convened for the purpose of hearing an appeal under this rule –

(a) no business other than the question of the expulsion is to be transacted; and

(b) the board may place before the meeting details of the grounds of the expulsion and

the board’s reasons for the expulsion; and

(d) the members of the Association who are present are to vote by secret ballot on the

question of whether the expulsion should be lifted or confirmed.

(5) If at the special general meeting a majority of the members present vote in favour of the lifting of

the expulsion –

(a) the expulsion is lifted; and

(b) the expelled member is entitled to continue as a member of the Association.

(6) If at the special general meeting a majority of the members present vote in favour of the

confirmation of the expulsion –

(a) the expulsion takes effect; and

(b) the expelled member ceases to be a member of the Association.

36. Disputes

(1) A dispute between a member of the Association, in his or her capacity as a member, and the

Association is to be determined by arbitration in accordance with the provisions of the Commercial

Arbitration Act 2011.

(2) This rule does not affect the operation of rule 35.