Alapszabályzatunk

Effective from 06 December 2010

Associations Incorporation Act 1981

1. In these rules -

“Act” means the Associations Incorporation Act 1981;

“committee” means the Committee of management of the Association;

“annual membership fee” means the amount payable by each member joining the Association;

“financial year” means the year ending on 30 June;

“general meeting” means a general meeting of members convened in accordance with Rules 27 and 28;

“member” means a member of the Association.

2. In these Rules, a reference to the “Secretary” is a reference –

a. to a person who holds office under these Rules as Secretary of the Association;

b. in any other case, to the Public Officer of the Association.

The name of the incorporated Association is “Hungarian Association of Cairns & North Queensland, Inc.” (the Association). The Association is classified as an “other level 3 incorporated Association” under section 59B of the Act. The official Hungarian translation of the Association’s name is “Cairnsi és Észak-Queenslandi Magyarok Szövetsége”.

1. These Rules and the statement of purposes of the Association may be altered at a general meeting in accordance with the Act.

2. If the current assets of the Association exceed $20.000 in an annual financial report, the Association is to be classified as an “other level 2 incorporated Association” as per section 59A of the Act and the Rules have to be modified accordingly.

3. Any alteration of the Rules is valid only if it is registered by the Office of Fair Trading.

The objects of the Association are -

1. To foster stronger ties between Hungarian and Australian organisations, including but not limited to business, science, sports, youth and art;

2. To assist and give advice to its members and any person of Hungarian origin, descent, language or culture on any matters affecting their life in Australia;

3. To support and encourage the Hungarian language and culture within the community;

4. To support and encourage interest in the visits of Hungarian artists, musicians, community and media representatives to Australia and North Queensland;

5. To support ideas for improvements in laws affecting travel and migration of people between Hungary and Australia;

6. To support and encourage presentation of Hungarian plays, films and television programmes and Hungarian music and songs at the cultural events in Australia;

7. To encourage co-operation between the people of Hungarian origin, descent, language or culture with all other ethnic communities of Australia;

8. To work with similar organizations nationally and overseas in promoting the above mentioned;

9. To act on matters not specifically stated above but as may be deemed incidental or conducive to or necessary for the full attainment of the aims and objectives of the Association.

1. The Association has the powers of an individual.

2. The Association may, for example -

a. enter into contracts; and

b. acquire, hold, deal with and dispose of property;

c. make charges for services and facilities it supplies; and

d. do other things necessary or convenient to be done in carrying out its affairs.

1. The membership of the Association consists of management committee members, and any of the following classes of members -

a. Ordinary members;

Ordinary members shall be entitled to receive the Association’s newsletter and have all membership privileges as determined by management committee from time to time.

b. Junior members;

Children of members under the age of 18 years are entitled to junior membership. Junior members have no voting rights.

c. Corporate members

Business and corporate organisations may join the Association and have all the privileges of an ordinary member. The business or the corporate organisation may nominate one delegate who shall be entitled to one vote only.

2. The number of members is unlimited.

1. Automatic membership – A person who, on the day the Association is incorporated, was a member of the unincorporated Association and who, on or before a day fixed by the management committee, agrees in writing to become a member of the incorporated Association, must be admitted by the management committee to the equivalent class of membership of the Association as the member held in the unincorporated Association.

2. A member of the incorporated Association who, before becoming a member, has paid the members annual subscription for membership of the unincorporated Association on or before a day fixed by the management committee, is not liable to pay a further amount of annual subscription for the period before the day fixed by the management committee as the day on which the next annual subscription is payable.

3. An applicant for membership must be –

a. in writing; and

b. signed by the applicant; and

c. in the form decided by the management committee.

4. A person who is above eighteen years of age and is interested in the furtherance of the Association’s objectives can apply for membership.

5. Children under 18 years of age can apply for Junior Membership.

1. The membership fee for each ordinary membership and for each other class of membership—

a. is the amount decided by the members from time to time at a general meeting; and

b. is payable when, and in the way, the management committee decides.

2. Annual membership fees should be paid and renewed at the start of the financial year, from 1st July to 30th June.

3. The annual membership fee is set out in Appendix 1.

4. At the Annual General Meetings the management committee will review the annual membership fees and advise members of any changes.

1. The management committee must consider an application for membership at the next committee meeting held after it receives—

a. the application for membership; and

b. the appropriate membership fee for the application.

2. The management committee must ensure that, as soon as possible after the person applies to become a member of the Association, and before the management committee considers the persons application, the person is advised—

a. whether or not the Association has public liability insurance; and

b. if the Association has public liability insurance—the amount of the insurance.

3. The management committee must decide at the meeting whether to accept or reject the application.

4. If a majority of the members of the management committee present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member for the class of membership applied for.

5. The Secretary of the Association must, as soon as practicable after the management committee decides to accept or reject an application, give the applicant a written notice of the decision.

1. A member may resign from the Association by giving one month’s notice in writing to the Secretary of his or her intention to resign.

2. After the expiry of a membership the period referred to in subrule (1) –

a. The member ceases to be a member; and

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

3. The management committee may terminate a members membership if the member—

a. is convicted of an indictable offence; or

b. does not comply with any of the provisions of these rules; or

c. has membership fees in arrears for at least 2 months; or

d. conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the Association.

4. Before the management committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.

5. If, after considering all representations made by the member, the management committee decides to terminate the membership, the Secretary of the committee must give the member a written notice of the decision.

1. The management committee must keep a register of members of the Association.

2. The register must include the following particulars for each member—

a. the full name of the member;

b. the date of birth of the member;

c. the postal or residential address of the member;

d. contact details of the member;

e. the date of admission as a member;

f. the date of termination of membership;

g. details about the termination or reinstatement of membership;

h. any other particulars the management committee or the members at a general meeting decide.

3. The register must be open for inspection by members of the Association at all reasonable times, however personal details must be kept according to the Association’s Privacy Policy.

4. A member must contact the Secretary to arrange an inspection of the register, or to apply for contact details of another member.

5. However, the management committee may, on the application of a member of the Association, withhold information about the member (other than the members full name) from the register available for inspection if the management committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm.

1. A member of the Association must not—

a. use information obtained from the register of members of the Association to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes; or

b. disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes.

2. Subrule (1) does not apply if the use or disclosure of the information is approved by the Association.

1. The Secretary must be an individual residing in Queensland, who is—

a. a member of the Association elected by the Association as Secretary; or

b. any of the following persons appointed by the management committee as Secretary—

(i) a member of the Associations management committee;

(ii) another member of the Association;

2. If the Association has not elected an interim officer as Secretary for the Association before its incorporation, the members of the management committee must ensure a Secretary is appointed or elected for the Association within 1 month after incorporation.

3. If a vacancy happens in the office of Secretary, the members of the management committee must ensure a Secretary is appointed or elected for the Association within 1 month after the vacancy happens.

4. If the management committee appoints a person mentioned in subrule (1)(b)(ii) as Secretary, other than to fill a casual vacancy on the management committee, the person does not become a member of the management committee.

5. However, if the management committee appoints a person mentioned in subrule (1)(b)(ii) as Secretary to fill a casual vacancy on the management committee, the person becomes a member of the management committee.

6. In this rule— casual vacancy, on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office.

1. The management committee of the Association may at any time remove a person appointed by the committee as the Secretary.

2. If the management committee removes a Secretary, the person remains a member of the management committee.

The Secretary’s functions include, but are not limited to—

1. Calling meetings of the Association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the President of the Association; and

2. Keeping minutes of each meeting; and

3. Keeping copies of all correspondence and other documents relating to the Association; and

4. Maintaining the register of members of the Association.

1. The management committee of the Association consists of a President, Treasurer, and any other members the Association members elect at a general meeting.

2.  A member of the management committee must be a member of the Association.

3. The term of office for the management committee shall be two years.

All members of the management committee must resign their term of office immediately prior to the election of office bearers at the AGM and all positions declared vacant.

4. A member of the Association may be appointed to a casual vacancy on the management committee under Rule 19.

1. A member of the management committee may only be elected as follows—

a. any 2 members of the Association may nominate another member

(the candidate) to serve as a member of the management committee;

b. the nomination must be—

(i) in writing; and

(ii) signed by the candidate and the members who nominated him or her; and

(iii) given to the Secretary at least 14 days before the annual general meeting at which the election is to be held;

c. each member of the Association present and eligible to vote at the annual general meeting may vote for 1 candidate for each vacant position on the management committee;

d. if, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.

2. Elected representatives should have a good spoken and written command of both the Hungarian and English language to attend the general meetings conducted in Hungarian and work with the documents produced in English.

3. Be a permanent resident of Australia with no criminal or bankruptcy record in Australia or overseas.

4. A right, privilege or obligation of a person by reason of membership in the Association

a. cannot be transferred to another person; and

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

5. A person may be a candidate only if the person—

a. is an adult; and

b. is not ineligible to be elected as a member under section 61A of the Act.

6. A list of the candidate names in alphabetical order, with the names of the members who nominated each candidate, must be posted in a conspicuous place in the office or usual place of meeting of the Association for at least 7 days immediately preceding the annual general meeting.

7. If required by the management committee, balloting lists must be prepared containing the names of the candidates in alphabetical order.

8. The management committee must ensure that, before a candidate is elected as a member of the management committee, the candidate is advised —

a. whether or not the Association has public liability insurance; and

b. if the Association has public liability insurance — the amount of the insurance.

1. A member of the management committee may resign from the committee by giving written notice of resignation to the Secretary.

2. The resignation takes effect at—

a. the time the notice is received by the Secretary; or

b. if a later time is stated in the notice—the later time.

3. A member may be removed from office at a management committee meeting of the Association if a majority of the committee members present and eligible to vote at the meeting vote in favour of removing the member.

4. Before a vote of committee members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.

5.  A member has no right of appeal against the member’s removal from office under this rule.

6. A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act.

1. If a casual vacancy happens on the management committee, the continuing members of the committee may appoint another member of the Association to fill the vacancy until the next annual general meeting.

2. The continuing members of the management committee may act despite a casual vacancy on the management committee.

3. However, if the number of committee members is less than the number fixed under rule 24(1) as a quorum of the management committee, the continuing members may act only to —

a. increase the number of management committee members to the number required for a quorum; or

b. call a general meeting of the Association.

1. Subject to these rules or a resolution of the members of the Association carried at a general meeting, the management committee has the general control and management of the administration of the affairs, property and funds of the Association.

2. The management committee must ensure the safe custody of books, documents, instruments of title and securities of the association.

3. The management committee has authority to interpret the meaning of these rules and any matter relating to the Association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act.

Note—

The Act prevails if the Association’s rules are inconsistent with the Act—see section 1B of the Act.

1. Subject to this rule, the management committee may meet and conduct its proceedings as it considers appropriate.

2. The management committee must meet at least once every 4 months to exercise its functions.

3. The management committee must decide how a meeting is to be called.

4. Notice of a meeting is to be given in the way decided by the management committee.

5. The management committee may hold meetings, or permit a committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen.

6. A committee member who participates in the meeting as mentioned in subrule (5) is taken to be present at the meeting.

7. A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the question is decided in the negative.

8. A member of the management committee must not vote on a question about a contract or proposed contract with the Association if the member has an interest in the contract or proposed contract and, if the member does vote, the members vote must not be counted.

9. The President is to preside as chairperson at a management committee meeting.

10. If there is no President or if the President is not present within 10 minutes after the time fixed for a management committee meeting, the members may choose another committee member to preside as chairperson at the meeting.

1. At a management committee meeting, more than 50% of the members elected to the committee as at the close of the last general meeting of the members form a quorum.

2. If there is no quorum within 30 minutes after the time fixed for a management committee meeting called on the request of members of the committee, the meeting lapses.

3. If there is no quorum within 30 minutes after the time fixed for a management committee meeting called other than on the request of the members of the committee—

a. the meeting is to be adjourned for at least 1 day; and

b. the members of the management committee who are present are to decide the day, time and place of the adjourned meeting.

4. If, at an adjourned meeting mentioned in subrule (3), there is no quorum within 30 minutes after the time fixed for the meeting, the meeting lapses.

1. The Secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each management committee meeting are entered in a minute book.

2. To ensure the accuracy of the minutes, the minutes of each management committee meeting must be signed by the chairperson of the meeting, or the chairperson of the next management committee meeting, verifying their accuracy.

1. An act performed by the management committee, a subcommittee or a person acting as a member of the management committee is taken to have been validly performed.

2. Subrule (1) applies even if the act was performed when—

a. there was a defect in the appointment of a member of the management committee, subcommittee or person acting as a member of the management committee; or

b. a management committee member, subcommittee member or person acting as a member of the management committee was disqualified from being a member.

1. A written resolution signed by each member of the management committee is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.

2. A resolution mentioned in subrule (1) may consist of several documents in like form, each signed by 1 or more members of the committee.

1. The management committee shall determine the date, time and place of the general meetings of the Association.

2. Notice of general meetings:

a. The Secretary of the Association, at least fourteen days, or if a special resolution has been proposed at least twenty one days, before the date fixed for holding a general meeting of the Association, must send to each member of the Association, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.

b. Notice must be sent by email or facsimile or by prepaid post to the address appearing in the register of members.

3. The notice convening the general meeting must specify the nature of the meeting.

4. The ordinary business of the annual general meeting shall be:

a. To confirm the minutes of the previous general meeting and of any general meetings held since that meeting;

b. To receive the Association’s financial statement, and signed statement, for the last reportable financial year;

c. Presenting the financial statement and signed statement to the meeting for adoption;

d. To collect annual membership fee from the members; and

e. To elect President, Secretary, and Treasurer when their terms have expired.

f. To receive and consider proposals for future development and its implementation.

1. The quorum for a general meeting is at least the number of members elected or appointed to the management committee at the close of the Association’s last general meeting plus 1.

2. However, if all members of the Association are members of the management committee, the quorum is the total number of members less 1.

3. No business may be conducted at a general meeting unless there is a quorum of members when the meeting proceeds to business.

4. If there is no quorum within 30 minutes after the time fixed for a general meeting called on the request of members of the management committee or the Association, the meeting lapses.

5. If there is no quorum within 30 minutes after the time fixed for a general meeting called other than on the request of members of the management committee or the Association—

a. the meeting is to be adjourned for at least 7 days; and

b. the management committee is to decide the day, time and place of the adjourned meeting.

6. The chairperson may, with the consent of any meeting at which there is a quorum, and must if directed by the meeting, adjourn the meeting from time to time and from place to place.

7. If a meeting is adjourned under subrule (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting.

8. The Secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.

9. If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.

1. A member may take part and vote in a general meeting only in person.

2. At each general meeting—

a. the President is to preside as chairperson; and

b. if there is no President or if the President is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the members present must elect 1 of their number to be chairperson of the meeting; and

c. the chairperson must conduct the meeting in a proper and orderly way.

1. At a general meeting, each question, matter or resolution, other than a special resolution, must be decided by a majority of votes of the members present.

2. Each member present and eligible to vote is entitled to 1 vote only and, if the votes are equal, the chairperson has a casting vote as well as a primary vote.

3. A member is not entitled to vote at a general meeting if the member’s annual subscription is in arrears at the date of the meeting.

4. The method of voting is to be decided by the management committee.

5. However, if at least 20% of the members present demand a secret ballot, voting must be by secret ballot.

6. If a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot in the way the chairperson decides.

7. The result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held.

1. The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each general meeting are entered in a minute book.

2. To ensure the accuracy of the minutes—

a. the minutes of each general meeting must be signed by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and

b. the minutes of each annual general meeting must be signed by the chairperson of the meeting, or the chairperson of the next meeting of the association that is a general meeting or annual general meeting, verifying their accuracy.

3. If asked by a member of the association, the secretary must, within 28 days after the request is made—

a. make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and

b. give the member copies of the minutes of the meeting.

4. The association may require the member to pay the reasonable costs of providing copies of the minutes.

1. The management committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the Association.

2. A by-law may be set aside by a vote of members at a general meeting of the Association.

1. The management committee must ensure the Association has a common seal.

2. The common seal must be—

a. kept securely by the management committee; and

b. used only under the authority of the management committee.

3. Each instrument to which the seal is attached must be signed by a member of the management committee and countersigned by—

a. the Secretary; or

b. another member of the management committee; or

c. someone authorised by the management committee.

1. The funds of the Association must be kept in an account in the name of the Association in a financial institution decided by the management committee.

2. Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the Association.

3. All amounts must be deposited in the financial institution account as soon as practicable after receipt.

4. A payment by the Association of $100 or more must be made by cheque or electronic funds transfer.

5. If a payment of $100 or more is made by cheque, the cheque must be signed by any 2 of the following—

a. the President;

b. the Secretary;

c. the Treasurer;

d. any 1 of 3 other members of the Association who have been authorised by the management committee to sign cheques issued by the Association.

6. All expenditure must be approved or ratified at a management committee meeting.

7. The Treasurer of the Association shall:

a. Collect and receive all money due to the Association and make all payments authorised by the Association; and

b. Keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.

8. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by two members of the Association’s management committee.

9. The funds of the Association shall be derived from entry fees, annual membership fees, donations and such other sources as the Committee determines.

1. On behalf of the management committee, the Treasurer must, as soon as practicable after the end date of each financial year, ensure a financial statement for its last reportable financial year is prepared.

2. The income and property of the Association must be used solely in promoting the Association’s objects and exercising the Association’s powers.

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

2. In the event of the organisation being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to another organisation with similar purposes which is not carried on for the profit or gain of its individual members.

Type of fee Amount

Annual membership fee  - $15

Children up to 18 years old – free

Annual corporate membership fee – $100

1. We collect and regularly update personal details for the membership register including

the name, birth details, contact details, membership entry and exit dates, fees paid and

other relevant information of the members.

2. The Association also keeps minutes of all its meetings and records of all its transactions.

1. Members will receive the Association’s newsletter electronically to their email address listed in the membership register.

2. The minutes and transaction records will be accessible by all members who request an inspection with the Secretary.

3. The membership register is available for inspection only as a list of member names.if a member wishes to find out the contact details of another, they have to request the Secretary to confirm with the member in question if their details can be passed on.

4. The Association does not disclose its information to third parties. The Association may include third parties’ information in its newsletter if the management committee has approved the third party’s objective.

This Privacy Policy applies to all information collected and kept by the Association. By becoming a member, applicants consent to this Privacy Policy.