MCRC Constitution








Mansfield Christian Reformed Church

(Incorporated under the Association Incorporation Act)
Cnr of Ham & Wishart Roads, Wishart








RULES OF

MANSFIELD CHRISTIAN REFORMED CHURCH











E
21-03-2013
Incorporating amendments as per general meeting held on 28 June 2000
Vic Tromp
D
04-11-1997
Table of Revision Added
John Borombovits
C
24-09-1997
Point 20.(4) Amended
John Borombovits
B
10-09-1996
Document Re-formatted
Greg Tenni
A
10-05-1996
Issued For Approval
Greg Tenni
Rev
Date
Description
Checked By




Table of Content:

1.     NAME [3]
2.     OBJECTS [3]
3.     POWERS [4]
4.     CLASSES OF MEMBERS [6]
5.     MEMBERSHIP [7]
6.     MEMBERSHIP FEES [7] 
7.     ADMISSION AND REJECTION OF MEMBERS [7]
8.     APPEAL AGAINST REJECTION OF MEMBERSHIP [7]
9.     TERMINATION OF MEMBERSHIP [7]
10. REGISTER OF MEMBERS [8]
11.  MEMBERSHIP OF SESSION [8]
12.  RESIGNATION FROM THE SESSION [9]
13. VACANCIES ON THE SESSION [10]
14. FUNCTIONS OF THE SESSION [10]
15. MEETINGS OF THE SESSION [11]
16. ANNUAL GENERAL OR GENERAL MEETINGS [12]
17. BY-LAWS [14]
18. ALTERATION OF RULES [14] 
19. COMMON SEAL [15]
20. NON-PROFIT CLAUSE – FUNDS AND ACCOUNTS [15] 
21. DOCUMENTS [16]
22. FINANCIAL YEAR [16]
23. AMALGAMATION [17]
24. DISTRIBUTION OF SURPLUSS ASSETS [17]
25. INTERPRETATION OF RULES [17]
26. INDEMNITY CLAUSE [17]


RULES OF THE MANSFIELD CHRISTIAN REFORMED CHURCH

1. NAME:

The name of the incorporated association shall be “The Mansfield Christian Reformed Church” herein after called “the Association”.

2. OBJECTS:

The objects for which the Association is established are:

(1) To maintain a church for the provision of the spiritual, religious and moral needs of its members, based upon the Bible and in accordance with the discipline, rules and usages of the Christian Reformed Churches of Australia as are from time to time authorised and declared by the Synod of the said Christian Reformed Churches of Australia, and to provide an effective witness to those who are not members of the Association in the community as large.

(2) To recognize, as the fundamental principals of the Association in doctrine and in government, the Bible as the infallible Word of God, and as founded thereon the Church Order, and the Formulas of the Unity of the Christian Reformed Churches of Australia being the Thirty-Seven Articles of the Belgic Confessions of Faith, the Heidelberg Catechism and the Canons of Dort.

(3) To provide for the maintenance of the minister of the church and his family.

(4) To organise and conduct religious services and meetings.

(5) To publish or to contribute to the publication of any periodical, journal or magazine and to print and circulate books, prepare pamphlets and information in the interest of the association generally and to provide and circulate any annual or other report of the association and its proceedings and work.

(6) To publicise, and promote, support and contribute to the cause of Christian Education at all levels of education and including both formal and informal education; to promote Christian values and lifestyles in society and to promote and support anything which may enhance such values and lifestyles.

(7) To do all the things that are necessary to achieve these objects in a manner consistent with the Bible and the following Confessional Creed:

We believe and confess the interpretation of the Christian faith as contained in the Belgic  Confession of Faith, the Heidelberg Catechism, the Canons of Dort, and in particular

(a) That the Bible is the infallible Word of God, and sets the standard and direction for our lives, and is indispensable and determinative for our knowledge of God, of ourselves and the rest of creation;

(b) That there is one Triune God;

(c) That all things are created by God in and through Jesus Christ by His Word and Spirit according to His eternal purpose and for His own glory; that all things are upheld by Him, and that He reveals Himself in all that He has created and made.

(d) That man was created in the image of God to share in a perfect relationship with God, to exercise authority over the Creation to the glory of God, and to interpret life in accordance with His design and law; but fell into sin by disobeying the will of God, severing the relationship once shared with God; and as a result man became dead in sin, and is totally corrupt and depraved and wholly inclined to all evil.

(e) That God revealed Himself through the person Jesus Christ, Who was the only begotten Son of God, was born of the virgin Mary, and sacrificing Himself on the cross for all mankind, paid the price for sin for all those who believe in Him; that on the third day after His death He physically arose from the grave by the power of God, and is now seated at God’s right hand, possessing all power and authority; and at the time appointed, He will come in power and glory to judge the world in righteousness, and establish a new heaven and a new earth.

(f) That the Holy Spirit, the third Person of the Trinity, effectually applies the salvation secured by Christ to His people, uniting them to Him by faith; that He is the source of faith in Jesus Christ of true knowledge, and that at the point of faith, the believer is baptised with all the fullness of the Holy Spirit.

(g) That those who are effectually called by the Holy Spirit are also freely pardoned in God’s sight, through faith in Jesus Christ and are accounted as righteous in God’s sight through the vicarious atoning work of Jesus Christ.

3. POWERS:

The powers of the Association are:-

(1) To take over the funds and other assets and liabilities of the unincorporated association known as the REFORMED CHURCH OF MANSFIELD;

(2) To accept donations, subscriptions, legacies, conveyances and endowments, either of money or property of that kind or nature howsoever and either absolutely or conditionally, or in trust, and to apply the same or income thereof for any of the objects of the Association or for any special object connected to it but subject always to the proviso in Subrule 6 and the direction and conditions (if any) to the respective donors, subscribers, contributors;

(3) To take such lawful steps by personal or written appeal, public meetings or otherwise as may from time to time be deemed expedient for the purposes of procuring contributions to the funds of the Association in the form of donations of cash, annual subscriptions or otherwise;

(4) To take or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate;

(5) In furtherance of its objects, to lend and advance money or give credit to any person or body corporate; to give guarantee and to give guarantees or indemnities for the payment of money or for the performance of contracts or obligations by any person or body corporate; to secure or undertake in any
way the repayment of moneys lent or advanced to or the liabilities incurred by any person or body corporate, and otherwise to assist any person or body corporate;

(6) To purchase, take on lease or in exchange, hire or otherwise acquire any lands, buildings, easements of property, real and personal, and any rights or privileges which may be requisite for the purpose of, or capable of being conveniently used in connection with, any of the objects of the Association; provided that in case the Association shall take or hold any property which may be subject to any trusts the Association shall only deal with the same in such a manner as is allowed by law having regard to such trusts;

(7) To invest and deal with money of the association not immediately required in such manner as may from time to time be thought fit;

(8) To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or to secure moneys and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge or lien or other security upon the whole or any part of the Association’s property or assets present or future and to purchase, redeem or pay off any such securities;

(9) To appoint, employ, remove or suspend such assistants, clerks, secretaries workers and other persons as may be necessary or convenient for the purposes of the Association; however the appointment, employment, removal or suspension of any Minister of religion shall be subject to the regulations and practices prescribed by the Synod of the Christian Reformed Churches of Australia and in accordance with their Church Order;

(10) To remunerate any person or body corporate for services rendered, or to be rendered, and whether by way of brokerage or otherwise in placing or assisting to place or guaranteeing the place of any unsecured notes, debentures or securities of the Association, or in or about the Association or promotion of the Association or in the furtherance of its objects;

(11) To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments;

(12) To take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the Association’s property of whatsoever kind sold by the Association, or any money due to the Association from purchasers or others;

(13) To undertake and execute any trusts for the purpose of directly or indirectly carrying out the objects of the Association as set forth in these rules but subject to the proviso in Subrule 6;

(14) To make and adopt rules, and where applicable by-laws, for the management, control and regulation of the association and of the members thereof;

(15) To pay all costs, charges and expenses of the promotion and incorporation and establishment of the Association;

(16) To print and publish any newspapers periodicals, books or leaflets that the Association may think desirable for the promotion of its objects;

(17) To make donations for patriotic, charitable or community purposes;

(18) To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, work or convenience which may seem calculated directly or indirectly to advance
the Associations interests, and to contribute to, subsidise or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration or control thereof;

(19) The furtherance of the objects of the Association to sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Association;

(20) In furtherance of the objects of the Association, to buy, sell and deal in all kinds of articles, commodities, and provisions, both liquid and solid, for the members of the Association or persons frequenting the Association’s premises;

(21) To enter into any arrangements with any Government or authority that will assist in the attainment of the objects and the exercise of the powers of the Association; to obtain from any such government or authority any rights privileges concessions which the Association may think it desirable to obtain; and to carry out exercise and comply with such arrangements rights privileges and concessions;

(22) To subscribe to, become a member of and cooperate with any other association club or organisation whether incorporated or not whose objects are altogether or in part are similar to those of the Association provided that the Association shall not subscribe to or support with its funds any club association or organisation which does not prohibit the distribution of its income and property among its members to an extent at least as great as that imposed on the Association;

(23) To do all such other things as are incidental or conducive to the attainment of its objects and the exercise of the powers of the Association.

4. CLASSES OF MEMBERS:

(1) The members of the Association shall consist of the following classes of members:

(a) baptised members, who are defined as being those members who are either children of members or former members of the Association, or children legally adopted by members or former members of the Association, or adults who have been transferred from other Christian Reformed Churches; who in all cases have been baptised in accordance with the forms for baptism prescribed by the Synod.

(b) communicant members, who are defined as being those members who have been baptised  and have publically professed their faith in accordance with the standards held and the fundamental principles recognised by the Association as stated in these Rules and practiced by the Association.

(2) The number of members in each of the above classes shall be unlimited, and no member of either class who is under the age of 18 years shall be entitled to vote or be appointed to the Session.

5. MEMBERSHIP:

Every person who at the date of incorporation of the Association was a member of the unincorporated association shall be admitted by the management committee, which shall hereinafter be referred to”the Session”, being the governing body of the Association, to the same class of membership of the Association as that member held in the unincorporated association.

6. MEMBERSHIP FEES:

(a) There shall be no membership fees for baptised members.

(b) Membership fees for communicant members shall be set at $1.00 per year, unless otherwise determined by the Association. The Session shall usually deem that the membership fees of all communicant members have been paid once sufficient funds for this purpose have been collected by means of offerings, donations and pledges given toward the general fund of the Association.

7. ADMISSION AND REJECTION OF MEMBERS:

(1) At the next meeting of the Session after the receipt of written application by any applicant, or on behalf of any applicant, for any class of membership, such application shall be considered by the Session who shall thereupon determine upon the admission or rejection of the applicant.

(2) Any applicant who receives a majority of votes of the members of Session present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for.

(3) Upon the acceptance or rejection of an application for any class of membership the Session Clerk shall forthwith give the applicant notice in writing of such acceptance or rejection.

8. APPEAL AGAINST REJECTION OF MEMBERSHIP:

There shall be no right of appeal against the decision of the Session concerning the rejection of any prospective member, except in the case of a prospective member who possesses a certificate of transfer from another church in the Christian Reformed Churches of Australia, or from a church which the Synod has declared to be in full ecclesiastical fellowship with the Christian Reformed Churches of Australia. In such a case, there shall be a right of appeal as defined in the Church order of the Christian Reformed Churches of Australia.

9. TERMINATION OF MEMBERSHIP:

(1) A member may tender his or her resignation from the Association at any time by giving notice in writing to the Session Clerk. Such resignation shall only take effect if it is accepted by the Session at its next meeting.

(2) Upon the acceptance or rejection of the resignation tendered by any member of the Association the Session Clerk shall forthwith upon the instructions of the Session give the member notice in writing of such acceptance or rejection. If any resignation tendered by any member of the Association is accepted by the Session, the said notice shall specify the time when the said resignation shall take effect.

 (3) The Session shall consider whether a member’s membership shall be terminated after considering in detail all relevant matters, and may terminate such membership if the member:

(a) fails to comply with any of the provisions of these rules; or

(b) conducts himself or herself in an unchristian manner so as to fall within the provisions of the Association’s Church Order and regulations prescribed by the Synod relating to the admonition and
discipline of members; or

(c) finds that he or she is no longer in agreement with the confessional creed as stated herein or any of the Formulas of Unity as upheld by the Association.

(4) Where applicable an aggrieved member shall be given a full and fair opportunity of presenting his or her case to the Session, and if the Session resolves to either terminate or ratify his or her membership subject to the provisions of the Church Order, it shall instruct the Session Clerk to advise the member in writing accordingly.

10. REGISTER OF MEMBERS:

(1) The Session of the Association shall cause a register to be kept in which shall be entered the names and residential addresses of all persons admitted to membership of the Association and the dates of their admission.

(2) Particulars shall also be entered into the register of deaths, resignations, termination and reinstatement of membership and any further particulars as the Session or the members of the Association at any general meeting may require from time to time.

(3) The register shall be open for inspection at all reasonable times by any member who previously applies to the Session Clerk for such inspection.

11. MEMBERSHIP OF SESSION:

(1) The general control and management of the Administration of the Association shall be by the Session whose responsibilities and membership is set out in the Association’s Church Order. More specifically, its members comprise the following:

(a) Chairman, who shall be a Minister of religion called by the members of the Association to serve as their minister or a serving elder who has been duly elected by a majority of the members of Session;

(b) Vice-Chairman, who shall be a Minister of Religion called by the members of the Association to serve as their minister or a serving elder who has been duly elected to serve as such by a majority of the members of Session;

(c) Session Clerk, who can be either an office bearer or non office bearer duly appointed to serve as such by the members of Session, provided that in the case of a non-office bearer being appointed as Session Clerk then no voting rights in the Session shall be attached to this position; and

(d) serving elders who shall comprise the balance of the member of the Session, whose number shall be determined from time to time by the Session itself.

 (2) All of the members of the Session shall be communicant members of the Association, shall meet the Biblical requirements to occupy the position of members of Session, and shall not be subject to any of the provisions relating to admonition and discipline as contained in the Church Order or any of the regulations of Synod.

(3) Upon the retirement of, or at the conclusion of the triennial term of office of one or more of any of the members of Session, the Session shall observe the following procedures unless it has good reason to decide otherwise:

(a) The Session shall give the members of the Association an opportunity to suggest names of persons suitable for the offices to be filled.

(b) The Session shall thereafter nominate twice the number or more than twice the number of persons to be elected and shall announce the names of these persons to the Association on two consecutive Sundays. If the Session decides to nominate less than twice the number of persons to be elected it shall inform the Association of the reason(s) for its decision.

(c) If there are no lawful objections the Association shall thereafter elect a person or persons to the offices to be filled. The election shall take place after prayer and under supervision of the Session and in accordance with the regulations prescribed by the Session. Only communicant members of the Association may vote.

(d) The Session shall, on two consecutive Sundays, announce to the Association the names of those who have been elected and appointed. If there are no lawful objections, the ordination or installation shall take place in the course of a public worship service. The liturgical forms prescribed by Synod shall be used.

12. RESIGNATION FROM SESSION:

(1) Any member of the Session may tender his resignation from the membership of Session at any time by giving notice in writing to the Session Clerk. Such notice shall contain full and frank disclosure of the reasons of the member’s resignation and shall be considered by the Session before such resignation shall be approved by Session.

(2) Upon the acceptance or rejection of a resignation tendered by any member of Session, the Session Clerk shall forthwith upon the instructions of the Session, give the member notice in writing of such acceptance or rejection. If any resignation tendered by any member of the Session is accepted by the Session, the said notice shall specify the time when the said resignation shall take effect.

(3) Session shall consider whether the membership of Session of a member shall be terminated after considering in detail all relevant matters including evidence from such member and after obtaining the agreement of the Session of a neighboring Christian Reformed Church or the Classis as provided in article 99 of the Church Order, and may terminate such membership if the member:

(a) fails to comply with any of the provisions of these rules; or

(b) conducts himself in an unchristian manner so as to fall within the provisions of the Association’s Church Order and regulations prescribed by the Synod relating to the admonition and discipline of members; or

(c) finds that he is no longer in agreement with the confessional creed as stated herein or any of the Formulas of Unity as upheld by the Association.

(4) There shall be a right of appeal from any decision of the Session in respect to the termination of office of any session member, on the grounds specified in and in accordance with the provisions of the Church Order and regulations prescribed by Synod. Such appeal may be made in the first instance to the Session, and if unsuccessful may then be made to the Classis and then to the Synod in that order. The Session Clerk shall notify the member in writing of the outcome of any appeal to any of the church assemblies.

13. VACANCIES OF SESSION:

(1) The Session shall have power at any time to appoint any member of the Association to fill any casual vacancy on the Session until such time that vacancy has been filled in accordance with these rules.

(2) The continuing members of Session may act notwithstanding any casual vacancy in the Session but if and so long as their number is reduced below the number fixed by or pursuant to these rules as the necessary quorum of the Session, the continuing member or members may act for the purpose of increasing the number of members of the Session to that number or of summoning a general meeting of the Association but for no other purpose.

14. FUNCTIONS OF THE SESSION:

(1) Except as otherwise provided by these rules, and subject to the Church Order the Session:-

(a) shall have the general control and administration of the affairs, property and funds of the Association; save that in matters of property, especially land and buildings but excluding any motor car used specifically by the Minister, the Session shall not authorize any financial transaction (being acquisition, disposal or transferral of any asset, liability or capital) or to enter into any form of contract to buy or sell any good or service where the value of any one transaction or the sum of several closely related transaction exceeds two per cent of the current annual budget, unless it has approval of a majority of members present at a properly convened general meeting.

(b) shall have the authority to interpret the meaning of these Rules and any matters relating to the Association on which these rules are silent.

(2) The Session may exercise all of the powers of the Association and in addition, but subject to Subrule (1)(a):

(a) borrow or raise or secure the payment of money in such a manner as the Association may think fit and secure the same or payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Association in any way in particular by the issue of
debentures, perpetual or otherwise, charged upon all or any of the association’s property, both present and future, and to purchase, redeem or pay off any such securities;

(b) borrow money from members at a rate of interest not exceeding interest at a rate for the time being charged by bankers in Brisbane for overdrawn accounts on money lent, whether the term of the loan be short or long, and to mortgage or charge its property or any part thereof and to issue debentures and
other securities, whether outright or as security for any debt, liability or obligation of the Association, and to provide and pay off any such securities;

(c) invest in such a manner as the members of the Association may from time to time determine; and

(d) shall devise ways and means of obtaining necessary funds for preserving and maintaining the Association and determine how those funds shall be distributed; and

(e) shall recommend to the Association, a budget for the ensuing year and make suggestions to the Association as to the manner in which the property of the Association is to be maintained financially
concerning itself with the proper care, maintenance and adequacy of the property of the Association indicating the various  sources of income and how moneys are to be collected from these sources; and

(f) shall recommend to the Association a programme of action by means of which the cause of Christianity may be advanced and strengthened and make the necessary arrangements for carrying out such a programme; and

(g) shall appoint sub committees as it may deem necessary for the performance of its duties; and

(h) shall determine the Association’s policies in harmony with these rules and in accordance with the Associations decisions.

15. MEETINGS OF THE SESSION:

(1) The Session will meet at least once every calendar month to exercise its functions.

(2) Subject to Paragraph 4 of rule 15, a special meeting of the Session shall be convened by the Session Clerk on the requisition in writing signed by not less than one third of the members of the Session, which requisition shall clearly state the reasons why such a special meeting is being convened and the nature of the business to be transacted thereat.

(3) Subject to Paragraph 4 of rule 15, not less than (7) SEVEN days notice shall be given to members of the Session, of any special meeting of the Session. Such notice shall clearly state the nature of the   business to be transacted thereat.

(4) Such notice shall be dispensed with in the case where special circumstances exist making it prohibitive for such notice to be given. In such a case the Session Clerk or the Chairman of the Session shall communicate to all Session members, the intention to convene a special meeting of the Session, outlining the reasons why such a meeting is being convened and the nature of the business to be transacted thereat.

(5) At every meeting of the Session a simple majority of a number equal to the number of members elected (or appointed to the Session) as at the close of the last general meeting of the Session, shall constitute a quorum.

(6) Subject as previously provided in this rule, the Session may meet together and regulate its proceedings as it thinks fit; provided that questions arising at any meeting of the Session shall be decided by a majority of votes of office-bearers and, in the case of equality in votes, the question shall be deemed to be decided in the negative. A Session Clerk who is not an office-bearer but appointed as allowed in Rule 11 (1) (c ) shall not be entitled to a vote in Session meetings, and nothing elsewhere in these rules shall be taken as conferring voting rights in the Session upon such a member.

(7) A member of the Session shall not vote in respect of any contract or proposed contract with the Association in which he or any related party is interested, or any matter arising thereat, and if he does so vote his vote will not be counted.

(8) (a) The Session may delegate any of its powers to a subcommittee consisting of such members of the Association as the Session sees fit. Any subcommittee so formed shall in the exercise of the powers so delegated, conform to any regulations that may be imposed on it by the Session.

(b) A sub committee may elect a Chairman of its meetings, unless otherwise specified by the Session by means of written mandate to such subcommittee.

(c) A sub committee may meet and adjourn as it thinks proper. Questions arising at ay meeting shall be determined by a majority of votes of the members present and, in the case of equality of votes, the question shall be deemed to be decided in the negative.

(9) All acts done by any meeting of the Session or of a sub committee or by any person acting as a member of Session shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the Session or person acting aforesaid, or that the members of Session or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of Session.

(10) A resolution in writing signed by all the members of Session for the time being entitled to receive notice of a meeting of the Session shall be as valid and effectual as if it had been passed at a meeting of the Session duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more members of the Session.

16. ANNUAL GENERAL OR GENERAL MEETINGS:

(1) The first general meeting shall be held at such time, not being less than one month nor more than three months after the incorporation of the Association, and at such a place as the Session may determine and subsequent general meetings shall be held at the discretion of the Session but at least once every year.

(2) The annual general meeting shall be held within three months of the close of the financial year.

(3) The business to be transacted at every annual general meeting shall be:

(a) the receiving of the Session’s report, Deacon’s report, reports from any of the sub committees formed by the Session including the Committee of Management (which will present the statement of income or expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the Association for the preceding financial year) and any other sub committees of the Association;

(b) the receiving of the Auditors report upon the books and accounts of the preceding financial year;

(c) the appointment of an auditor.

(4) The Session Clerk shall convene a special general meeting when instructed to do so by the Session.

(5) (a) The Session Clerk shall convene all annual and general meetings of the Association by giving not less than fourteen days of such meeting to the members of the Association.

(b) The manner by which such a notice shall be given shall be determined by the Session. Notice of a general meeting shall clearly state the nature of the business to be discussed thereat and shall include any motion to deal with property where approval from a general meeting is required.

(6) (a) At a general meeting the number of members required to constitute a quorum shall be double the number of members presently on the Session plus one.

(b)  No business shall be transacted at any general meeting unless a quorum of members is present at the time the meeting proceeds to business. For the purposes of this rule “member” includes a person attending as a proxy or as representing a corporation which is a member.

(c)  If within half an hour from the time appointed for the commencement of a general meeting a quorum is not present the meeting if convened upon the requisition members of the Session shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the Session may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the members present shall be a quorum.

(d)  The Chairman may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for thirty-five days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.

(7) Unless otherwise provided by these Rules, at every general meeting-

(a)  the Chairman of Session shall preside as Chairman, or if he is not present within fifteen minutes after the time appointed for the holding of the meeting or is unwilling to act, the Vice-Chairman of Session shall be Chairman or if the Vice-Chairman is not present or unwilling to act then the members of the Session present shall appoint one of their number to be the Chairman of the meeting;

(b)  the Chairman shall maintain order and conduct the meeting in a proper and orderly manner;

(c)  every question, matter or resolution shall be decided by a majority of votes of the members present;

(d)  every communicant member present in good standing with the Association shall be entitled to one vote and in the case of an equality of votes the Chairman shall have a second or casting vote;

(e)  voting shall be by a show of hands or a division of members, unless, not less than one fifth of members present demand a ballot, in which event there shall be a secret ballot. The Chairman shall appoint two members to conduct the secret ballot in such manner as he shall determine and the result of the ballot as declared by the Chairman shall be deemed to be the resolution of the meeting at which the ballot was demanded;

(f) a member may vote in person or by proxy or by attorney and on a show of hands every person who is present who is a member or a representative of a member shall have one vote and in a secret ballot every member in person, or by proxy or by attorney or other duly authorised representative shall have one vote;

(g) the instrument appointing a Proxy shall be in writing, in the common or usual form under the hand of the appointer or of his or her attorney duly authorised in writing. A proxy must also be a member of the Association. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a secret ballot;

(h) where it is desired to afford members an opportunity of voting for and against a resolution the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances permit:-

ASSOCIATION:

I, ______________________________________ of______________________________________

Being a member of the above named Association, hereby appoint

_______________________________________ of_______________________________________

Or failing him/her appoint

_______________________________________ of_______________________________________

as my proxy to vote for me on my behalf at the (annual) general meeting of the Association, to be held on the _____ day of ________________20___, and at any adjournment thereof.

Signature: __________________________________

Note:
This form is to be used    in favour of (*) or   against (*) the resolution.
 (*) Strike out whichever is not desired.
Unless otherwise instructed the proxy may vote as he/she thinks fit.
 
(i) the instrument appointing a proxy shall be deposited with the Session Clerk prior to the commencement of any meeting or adjourned meeting at which the person named in the instrument proposes to vote; and

(j) the Session Clerk shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Session meeting and general meeting to be entered in a book to be open for inspection at all reasonable times by any communicant member who previously applies to the Session Clerk for that inspection. For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every Session meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding Session meeting verifying their accuracy. Similarly, the minutes of every general meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding general meeting; Provided that the minutes of any annual general meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding general meeting or annual general meeting.

17. BY-LAWS:

The Session from time to time make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the Association and any by-law may be set aside by a general meeting of members.

18. ALTERATIONS TO THE RULES:

Subject to the provisions of the Associations Incorporation Act, these Rules may be amended, rescinded or added to from time to time by a special resolution carried at any general meeting, provided that no such amendment, rescission or addition shall be valid unless the same have been previously submitted to and approved by the Director General, Department of Queensland Emergency Services.

19. COMMON SEAL:

The Session shall provide for a Common Seal and for its safe Custody. The Common Seal shall only be used by the authority of the Session and every instrument to which the Seal is affixed shall be signed by a member of the Session and shall be countersigned by a second member of the Session or by some other person appointed by the Session for that purpose.

20. NON-PROFIT CLAUSE - FUNDS AND ACCOUNTS:

(1) The income and property of the Association whence so ever derived shall be used and applied solely in the promotion of its objects and in the exercise of its powers as set out herein and no portion thereof shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the Association providing that nothing herein contained shall prevent the payment in good faith of interest to any such member in respect of moneys advanced to him to the Association or otherwise owing by the Association to him or of remuneration to any officers or servants of the Association or to any member of the Association or other person in return for any services actually rendered to the Association, provided further that nothing herein contained shall be construed  so as to prevent the payment to any member of out of pocket expenses, money lent, reasonable and proper charges for goods hired by the Association or reasonable and proper rent for premises demised or let to the Association.

(2) The Association shall accept financial aids (funds and assets, hereinafter) in the forms of gifts, donations, bequests, tithes, thank-offerings, special purpose, funds, etc, based on the following considerations. The funds and assets shall be designated to further the objects of the Association or it shall be received in response to a specific call announced by the Association. Funds and assets offered with specific stipulation shall be accepted, provided that the provision is not in conflict with the terms on
which basis the Association receives funds and assets. However, the Association reserves the right to review such requests, set priorities and amend or alter them to best serve its objects.

(3) The funds of the Association shall be banked in the name of the Association in such a bank or other financial institution as the Session may from time to time direct.

(4) Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the Association and the particulars usually shown in books of a like nature.

(5) All moneys shall be banked as soon as practical after receipt thereof.

(6) All amounts of one hundred dollars or over shall be paid by cheque signed by any two of the members of the Association authorised from time to time by the Session.

(7) Cheques shall be crossed “not negotiable” except those in payment of wages, allowances or petty cash recoupments which may be open.

(8) All expenditure not anticipated in the budget of the Association brought down for the preceding financial year shall be approved at a Session meeting, unless otherwise authorised through a by-law of the Session made prior to the previous annual general meeting of the Association.

(9) As soon as practicable after the end of the financial year the Committee of Management shall cause to be prepared a statement containing particulars of:

(a) the income and expenditure of the financial year just ended; and

(b) the assets and liabilities of all mortgages, charges and securities affecting the property of the Association at the close of that year.

(10) All such statements are to be examined by the auditor who shall present his report upon such audit to the Session Clerk prior to the holding of the annual general meeting next following the financial year in respect of which such audit was made.

21. DOCUMENTS:

The Session shall provide for the safe custody of books, documents, instruments of title and securities of the Association.

22. FINANCIAL YEAR:

The financial year of the Association shall close on the thirtieth day of June each year.

23. AMALGAMATION:

(1) The Association shall have the power by way of a special resolution taken by its members to amalgamate with other associations having similar objects.

(2) Where it furthers the objects of the Association to amalgamate with any one or more other organisations having similar objects, the other organisation(s) must have rules prohibiting the distribution of its (their) assets and income to members, and must be approved by the Commissioner of Taxation as a public benevolent institution for the purposes of any Commonwealth Taxation Act.

24. DISTRIBUTION OF SURPLUSS ASSETS:

The Association shall be dissolved:

If a resolution to that effect is carried by a vote of three fourths majority of the financial members present at a general meeting convened to consider the question.

If the Association shall be wound up in accordance with the provision of the ASSOCIATIONS INCORPRATION ACT 1981, and there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among members of the Association, but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Association, and which shall prohibit the distribution of its or their income and property amongst its or their members to an extent at least as great as is imposed on the Association under or by virtue of Rule 20 (1), such institution or institutions to be determined by the members of the Association, but that in the first instance, such an association shall be sought within the Christian Reformed Churches of Australia providing that it meets the preceding criteria.

25. INTERPRETATION OF RULES:

Where these rules contain any ambiguity or are unclear about any aspect of the Association, they shall be interpreted so as to be consistent with the Church Order of the Christian Reformed Churches of Australia and the decisions and recommendations of its Synod.

26. INDEMNITY CLAUSE:

Every member of the Session, auditor and every other officer for the time being of the Association shall be indemnified out of the assets of the Association against any liability incurred by them individually or as a group in the bona fide execution of their duties or arising out of the execution of the duties of their office incurred by them in defending any proceedings whether civil or criminal in which judgment is given in their favour, or in which they are acquitted or in connection with any application in which relief is granted to them by the Court in respect of any negligence, default, breach of duty or breach of trust.


End of Rules

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