Western Australian Current Acts Western Australian Current Acts[s. 3, 22,
23, 26, 28, 133, 182 and 202]
Division 1 — Matters to be addressed
1. The name of the incorporated association.
2. The objects or purposes of the incorporated
association.
3. The qualifications (if any) for membership of
the incorporated association and provision for when membership commences and
when it ceases.
4. The register of members of the incorporated
association.
5. The entrance fees, subscriptions and other
amounts (if any) to be paid by members of the incorporated association.
6. The name, constitution, membership and powers
of the management committee or other body having the management of the
incorporated association (in this clause referred to as the committee) and
provision for the following —
(a) the
election or appointment of members of the committee;
(b) the
terms of office of members of the committee;
(c) the
grounds on which, or reasons for which, the office of a member of the
committee shall become vacant;
(d) the
filling of casual vacancies occurring on the committee;
(e) the
quorum and procedure at meetings of the committee;
(f) the
making and keeping of records of the proceedings at meetings of the committee;
(g)
subject to Division 2 clause 1, the circumstances (if any) in which payment
may be made to a member of the committee out of the funds of the association.
7. The quorum and procedure at general meetings of
members of the incorporated association.
8. The notification of members or classes of
members of general meetings of the incorporated association and their rights
to attend and vote at those meetings.
9. The time within which, and manner in which,
notices of general meetings and notices of motion are to be given, published
or circulated.
10. Subject to Division 2 clause 3, the number of
members, expressed as a percentage of membership, who may at any time require
that a general meeting of the incorporated association be convened.
11. The manner in which the funds of the
association are to be controlled.
12. Subject to Division 2 clauses 4 and 5, the day
in each year on which the financial year of the incorporated association
commences.
13. The intervals between general meetings of
members of the incorporated association and the manner of calling general
meetings.
14. The manner of altering and rescinding the
rules and of making additional rules of the incorporated association.
15. Provisions for the custody and use of the
common seal of the incorporated association, if it has one.
16. The custody of books and securities of the
incorporated association.
17. The inspection by members of the incorporated
association of records and documents of the incorporated association.
18. A procedure for dealing with any dispute under
or relating to the rules —
(a)
between members; or
(b)
between members and the incorporated association.
19. Subject to section 24, the manner in which
surplus property of the incorporated association must be distributed or dealt
with if the association is wound up or its incorporation is cancelled.
Division 2 — Particular requirements for certain rules
1 . Payment to members of management committee
(1) Any rules made as
mentioned in Division 1 item 6(g) are to provide for payment to be made to a
member of the management committee of an incorporated association out of the
funds of the association only if the payment is authorised by resolution of
the association.
(2) Subclause (1) does
not apply to payment to a member of the management committee for out-of-pocket
expenses for travel and accommodation in connection with the performance of
the member’s functions.
2 . Entitlement of members in respect of general
meetings
The rules made as
mentioned in Division 1 item 8 must provide for all members of the
incorporated association to be entitled to receive notice of and to attend any
general meeting of the association.
3 . Number of members who may call a general
meeting
The rules made for the
purpose of Division 1 item 10 cannot specify greater than the prescribed
percentage of members as the number of members who may at any time require
that a general meeting be convened in accordance with the rules of the
incorporated association.
4 . Financial year of associations incorporated
under this Act
(1) In this clause
—
rules means rules made for the purposes of
Division 1 item 12.
(2) This clause
applies to an association that is incorporated on or after the day on which
section 4 comes into operation, other than an incorporated association to
which section 190(3) applies.
(3) The first
financial year of an incorporated association after its incorporation is to be
a period fixed by its rules, but not exceeding 15 months commencing on the day
of incorporation.
(4) Subsequent
financial years of an incorporated association are to be the period of 12
months commencing at the termination of the first financial year or the
anniversary of that termination.
(5) Subclause (4) does
not limit the power of an incorporated association to amend its rules so that
its financial year is some other period of 12 months and, if it does so, an
initial period of more or less than 12 months may be determined to be the
financial year so far as is necessary for the transition from one period to
another.
5 . Transitional provisions as to financial year
of associations incorporated under the repealed Act
(1) In this clause
—
rules means rules as to the day in each year on
which the financial year of the incorporated association commences.
(2) This clause
applies to —
(a) an
association that is an incorporated association immediately before section 4
comes into operation; and
(b) an
incorporated association to which section 191 applies.
(3) Subject to
section 199, the financial year of an incorporated association to which this
clause applies is to be a period of 12 months fixed by its rules.
(4) Subclause (3) does
not limit the power of an incorporated association to alter the provision in
its rules that fixes its financial year.
(5) If —
(a) the
period fixed by an incorporated association for the purposes of subclause (3)
is different from the period previously applicable to the association; or
(b) an
incorporated association alters its rules as mentioned in subclause (4),
an initial period of
more or less than 12 months may be determined to be the financial year so far
as is necessary for the transition from one period to another.
(6) Until an
incorporated association to which this clause applies amends its rules for the
purposes of Division 1 item 12 —
(a) the
financial year of the association continues to be that applicable immediately
before section 4 came into operation; and
(b) the
definition of financial year in section 3 is taken to provide accordingly.