Northern Beaches

Pickleball Association Inc.

PROPOSED CONSTITUTION

(for approval at the August 2025 AGM)

Part 1 Preliminary

1. Name

The name of the incorporated association is Northern Beaches Pickleball Association Inc. (“the association”)

2. Objects

The objects of the association are as follows:

(1) To foster and promote the game of Pickleball and to cultivate sportsmanship amongst its members at venues on the Northern Beaches of Sydney, New South Wales.

(2) To foster and promote the game of Pickleball amongst juniors and youth in the community.

(3) To improve the standard of play of the game of Pickleball amongst its members.

(4) To institute training of players and coaches according to the standards of the International Pickleball Teacher Professional Association.

(5) To promote and sponsor social activities amongst its members.

(6) To hold or arrange competitions and provide or contribute towards the provision of prizes, awards and distinctions in connection with the game of Pickleball.

(7) To acquire by purchase, lease, licence or otherwise, Pickleball courts and grounds on the Northern Beaches of Sydney, New South Wales.

(8) To provide amenities for the members which are as comprehensive as possible.

(9) To enter into any arrangements with any Government authority, municipal, local or otherwise, that may seem conducive to the association’s objectives or any of them and to obtain from any such Government authority any rights, privileges and concessions which the association may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.

(10) To construct, improve, maintain, develop, work, manage, carry out, alter or control any buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the association’s 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.

(11) To invest and deal with money of the association not immediately required in such manner as may be permitted by law, as the committee thinks fit. To receive on deposit, borrow or raise any sums of money for purposes consistent with these objectives.

(12) 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.

(13) To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the association in the shape of donations, annual subscriptions or otherwise.

(14) To print and publish any newspapers, periodicals, books or leaflets that the association may think desirable for the promotion of its objectives.

(15) To affiliate with other organisations that support the association in achieving its objectives.

3. Powers

(1) The association may do all things necessary or convenient for carrying out its objects and purposes, and in particular, may:

(a) acquire, hold, deal with, and dispose of any real or personal property;

(b) open and operate bank accounts; (c) invest its money:

(i) in any security in which trust monies may lawfully be invested; or

(ii) in any other manner authorised by this Constitution;

(d) borrow money upon such terms and conditions as the association thinks fit;

(e) give such security for the discharge of liabilities incurred by the association as the association thinks fit;

(f) appoint agents to transact any business of the association on its behalf;

(g) enter into any other contract it considers necessary or desirable;

(h) act as trustee and accept and hold real and personal property upon trust, but does not have power to do any act or thing as a trustee that, if done otherwise than as a trustee, would contravene this Act or the Constitution of the association;

(i) appoint sub-committees with such powers as they deem appropriate for carrying out the objects of the association; and

(j) make by-laws consistent with this Constitution and the Act for the general management of the association and the conduct of its members, and to alter, amend or rescind such by-laws as the committee deems appropriate from time to time.

4. Definitions

(1) In this Constitution:

secretary means:

(a) the person holding office under this Constitution as secretary of the association, or

(b) if no person holds that office - the public officer of the association

team means a group of members of the association who have been appointed by the committee to carry out specific tasks for the association

volunteer means a member of the association who has agreed to assist in the day-to-day management of the association

an unbiased decision maker is someone who is not prejudiced in the disciplinary matter

special general meeting means a general meeting of the association other than an annual general meeting.

the Act means the Associations Incorporation Act 2009.

the Regulation means the Associations Incorporation Regulation 2016.

(2) In this Constitution:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

(3) The provisions of the Interpretation Act 1987 apply to and in respect of this Constitution in the same manner as those provisions would so apply if this Constitution were an instrument made under the Act.  

Part 2 Membership

5. Membership generally

(1) A person is eligible to be a member of the association if:

(a) the person is a natural person, and

(b) the person has applied and been approved for membership of the association in accordance with clause 7.

(2) A person is taken to be a member of the association if the person was one of the individuals on whose behalf an application for registration of the association under section 6(1)(a) of the Act was made.

6. Effect of Membership

(1) Members acknowledge and agree that:

(a) this Constitution constitutes a contract between each of them and the association and that they are bound by this Constitution;

(b) they shall comply with and observe this Constitution, By-laws, Code of Conduct and any determination, resolution or policy which may be made or passed by the committee or other entity with delegated authority;

(c) by submitting to this Constitution they are subject to the jurisdiction of the association;

(d) the Constitution is necessary and reasonable for promoting the Objects and particularly the advancement and protection of Pickleball on the Northern Beaches of New South Wales; and

(e) they are entitled to all benefits, advantages, privileges and services of association membership.

7. Application for membership

(1) An application by a person for membership of the association made on the online membership system will be automatically accepted on completion of the application form and receipt of the member's entrance fee (if levied) and annual subscription.

(2) The applicant’s name will automatically be added to the register of members and, on the name being so entered, the applicant becomes a member of the association.

8. Cessation of membership

A person ceases to be a member of the association if the person:

(a) dies, or

(b) is expelled from the association, or

(c) does not renew their membership when it becomes due.

9. Membership entitlements not transferable

A right, privilege or obligation which a person has by reason of being a member of the association:

(a) is not capable of being transferred or transmitted to another person, and

(b) terminates on cessation of the person’s membership.

10. Clause deleted

11. Register of members

(1) The committee must establish and maintain a register of members of the association in electronic form specifying the name and postal, residential or email address of each person who is a member of the association together with the date on which the person became a member.

(2) The register of members must be held in a membership system

(3) A member of the association may be provided access to the membership list on request for allowable purposes

(4) If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.

(5) A member must not use information about a person obtained from the register to contact or send material to the person, other than for:

(a) the purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the association or other material relating to the association, or

(b) any other purpose necessary to comply with a requirement of the Act or the Regulation.

12. Fees and subscriptions

(1) Membership fees are payable when a member joins the club and may include Capitation Fees on behalf of affiliated bodies.

(2) Membership renewal fees become due 12 months after a member joins the club.

13. Members’ liabilities

The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by clause 12.

14. Resolution of disputes

(1) A dispute between a member and another member (in their capacity as members) of the association, or a dispute between a member or members and the association, are to be referred to a Community Justice Centre for mediation under the Community Justice Centres Act 1983.

(2) If a dispute is not resolved by mediation within 3 months of the referral to a Community Justice Centre, the dispute is to be referred to arbitration.

(3) The Commercial Arbitration Act 2010 applies to a dispute referred to arbitration.

15. Disciplining of members

(1) A complaint may be made in writing (by paper or electronic means) to the committee by any member of the association that another member has breached the association's code of conduct.

(2) The committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.

(3) If the committee decides to deal with the complaint, they will appoint an unbiased decision maker to investigate the complaint, discuss the matter with the member, give them the opportunity to provide their perspective, and seek to resolve the matter amicably. If the matter is neither dismissed nor resolved amicably, the unbiased decision maker will then determine an appropriate sanction which will either be to issue the member with a verbal or written warning; to remove them from the committee, team or their role; have their membership suspended or, in extreme circumstances, terminated. In all cases, the unbiased decision maker must give notice in writing (by paper or electronic means) to the member of their recommended action, the reasons for taking that action and their right of appeal.

(4) The member may appeal the recommended action within 7 days in writing (by paper or electronic means) to the secretary, and if they do so, the determination will be suspended until the appeal has been heard by the committee. The secretary will then convene a committee meeting within 28 days to discuss the matter. Any committee member who has a conflict of interest must declare their conflict and recuse themselves from the meeting. At the meeting, the unbiased decision maker will explain the basis for their determination and the member will have the opportunity to state their case orally or in writing. The appeal will be determined by a simple majority of the votes cast by the committee members present and the decision will be final.

Part 3 The committee

16. Powers of the committee

Subject to the Act, the Regulation, this Constitution and any resolution passed by the association in general meeting, the committee:

(a) is to control and manage the affairs of the association, and

(b) may exercise all the functions that may be exercised by the association, other than those functions that are required by this Constitution to be exercised by a general meeting of members of the association, and

(c) has power to perform all the acts and do all things that appear to the committee to be necessary or desirable for the proper management of the affairs of the association.

17. Composition and membership of committee

(1) The committee is to consist of a maximum of 9 members including a president, treasurer, secretary and whatever other roles the committee deems appropriate to effectively manage the organisation.

(2) The role of President is subject to a maximum of 2 consecutive terms, but remains eligible to hold any other position on the committee thereafter.

(3) If the President resigns during their term, then the committee may appoint an interim President to cover the period until the next election. This part year is not included in the 2-year limit in clause 17.2

(4) A past President may seek re-election as President provided that at least two full terms have elapsed since they last held the role

(5) Committee members are subject to a maximum of 5 consecutive terms and cannot stand for re-election during the next term. The committee may, however, ask them to fill a casual vacancy if required during this term

(6) Each member of the committee is, subject to this Constitution, to hold office until immediately before the election of committee members at the annual general meeting next following the date of the member’s election, and is eligible for re-election.

18. Election of committee members

(1) Nominations of candidates for committee members:

(a) must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and

(b) must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

(2) A person nominated as a candidate for election as a committee member of the association must be a member of the association

(3) If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.

(4) If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.

(5) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.

(6) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.

(7) The ballot for the election of committee members of the committee is to be conducted at the annual general meeting in any usual and proper manner that the committee directs.

(8) Once the composition of the committee has been finalised, the committee will allocate roles and responsibilities to the elected committee members as it sees fit

19. Secretary

(1) The secretary of the association must, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address.

(2) It is the duty of the secretary to keep minutes (whether in written or electronic form) of:

(a) all appointments of office-bearers and members of the committee, and

(b) the names of members of the committee present at a committee meeting or a general meeting, and

(c) all proceedings at committee meetings and general meetings.

(3) Minutes of proceedings at a committee meeting must be approved at the next committee meeting.

(4) The signature of the chairperson may be transmitted by electronic means for the purposes of subclause (3).

20. Treasurer

It is the duty of the treasurer of the association to ensure:

(a) that all money due to the association is collected and received and that all payments authorised by the association are made, and

(b) that correct books and accounts are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association.

21. Casual vacancies

(1) In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to this Constitution, until the annual general meeting next following the date of the appointment.

(2) A casual vacancy in the office of a member of the committee occurs if the member:

(a) dies, or

(b) ceases to be a member of the association, or

(c) is or becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or

(d) resigns office by notice in writing given to the secretary, or

(e) is removed from office under clause 22, or

(f) becomes a mentally incapacitated person, or

(g) is absent without the consent of the committee from 3 consecutive meetings of the committee, or

(h) is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or

(i) is prohibited from being a director of a company under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act 2001 of the Commonwealth.

22. Removal of committee members

(1) The association in general meeting may by resolution remove any member of the committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.

(2) If a member of the committee to whom a proposed resolution referred to in subclause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

23. Committee meetings and quorum

(1) The committee must meet at least 3 times in each period of 12 months at the place and time that the committee may determine.

(2) Additional meetings of the committee may be convened by the president or by any member of the committee.

(3) Oral or written notice of a meeting of the committee must be given by the secretary to each member of the committee at least 48 hours (or any other period that may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.

(4) Notice of a meeting given under subclause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.

(5) Any 3 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.

(6) No business is to be transacted by the committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.

(7) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.

(8) At a meeting of the committee:

(a) the president or, in the president’s absence, their nominee is to preside, or

(b) if the president and their nominee are absent or unwilling to act, one of the remaining members of the committee chosen by the members present at the meeting is to preside.

24. Appointment of association members as committee members to constitute quorum

(1) If at any time the number of committee members is less than the number required to constitute a quorum for a committee meeting, the existing committee members may appoint a sufficient number of members of the association as committee members to enable the quorum to be constituted.

(2) A member of the committee so appointed is to hold office, subject to this Constitution, until the annual general meeting next following the date of the appointment.

(3) This clause does not apply to the filling of a casual vacancy to which clause 21 applies.

25. Use of technology at committee meetings

(1) A committee meeting may be held at 2 or more venues using any technology approved by the committee that gives each of the committee’s members a reasonable opportunity to participate.

(2) A committee member who participates in a committee meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.

26. Delegation by committee to employees, volunteers and teams

(1) The committee may, by instrument in writing, delegate to one or more employees, volunteers or teams (consisting of the member or members of the association that

the committee thinks fit) the exercise of any of the functions of the committee that are specified in the instrument, other than:

(a) this power of delegation, and

(b) a function which is a duty imposed on the committee by the Act or by any other law.

(2) A function the exercise of which has been delegated to an employee, volunteer or team under this clause may, while the delegation remains unrevoked, be exercised from time to time by the employee, volunteer or team in accordance with the terms of the delegation.

(3) A delegation under this clause may be made subject to any conditions or limitations as to the exercise of any function, or as to time or circumstances, that may be specified in the instrument of delegation.

(4) Despite any delegation under this clause, the committee may continue to exercise any function delegated.

(5) Any act or thing done or suffered by an employee, volunteer or team acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by the committee.

(6) The committee may, by instrument in writing, revoke wholly or in part any delegation under this clause.

(7) A team may meet and adjourn as it thinks proper.

27. Voting and decisions

(1) Questions arising at a meeting of the committee or of any team appointed by the committee are to be determined by a majority of the votes of members of the committee or team present at the meeting.

(2) Each member present at a meeting of the committee or of any team appointed by the committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

(3) Subject to clause 23(5), the committee may act despite any vacancy on the committee.

(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or team.

28. Resolutions of committee without meeting

(1) An electronic resolution approved by a majority of the committee is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.

Part 4 General meetings

29. Annual general meetings - holding of

(1) The association must hold its first annual general meeting within 18 months after its registration under the Act.

(2) The association must hold its annual general meetings:

(a) within 6 months after the close of the association’s financial year, or

(b) within any later time that may be allowed or prescribed under section 37

(2)(b) of the Act.

30. Annual general meetings - calling of and business at

(1) The annual general meeting of the association is, subject to the Act and to clause 29, to be convened on the date and at the place and time that the committee thinks fit.

(2) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:

(a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,

(b) to receive from the committee reports on the activities of the association during the last preceding financial year,

(c) to elect office-bearers of the association and ordinary committee members,

(d) to receive and consider any financial statement or report required to be submitted to members under the Act.

(3) An annual general meeting must be specified as that type of meeting in the notice convening it.

31. Special general meetings - calling of

(1) The committee may, whenever it thinks fit, convene a special general meeting of the association.

(2) The committee must, on the requisition of the lessor of 50 members or 5% of the total number of members, convene a special general meeting of the association.

(3) A requisition of members for a special general meeting:

(a) must be in writing, and

(b) must state the purpose or purposes of the meeting, and

(c) must be signed by the members making the requisition, and

(d) must be lodged with the secretary, and

(e) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.

(4) If the committee fails to convene a special general meeting to be held within 1 month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.

(5) A special general meeting convened by a member or members as referred to in subclause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee.

(6) For the purposes of subclause (3):

(a) a requisition may be in electronic form, and

(b) a signature may be transmitted, and a requisition may be lodged, by electronic means.

32. Notice

(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

(2) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under subclause (1), the intention to propose the resolution as a special resolution.

(3) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under clause 30(2).

(4) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.

33. Quorum for general meetings

(1) No item of business is to be transacted at a general meeting unless a quorum of members entitled under this Constitution to vote is present during the time the meeting is considering that item.

(2) Five members present (being members entitled under this Constitution to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.

(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:

(a) if convened on the requisition of members – is to be dissolved, and

(b) in any other case – is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.

(4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being at least 3) are to constitute a quorum.

34. Presiding member

(1) The president or, in the president’s absence, their nominee, is to preside as chairperson at each general meeting of the association.

(2) If the president and their nominee are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.

35. Adjournment

(1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

(2) If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(3) Except as provided in subclauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

36. Making of decisions

(1) A question arising at a general meeting of the association is to be determined by:

(a) a show of hands or, if the meeting is one to which clause 42 applies, any appropriate corresponding method that the committee may determine, or

(b) if on the motion of the chairperson or if 5 or more members present at the meeting decide that the question should be determined by a written ballot.

(2) If the question is to be determined by a show of hands, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

(3) Subclause (2) applies to a method determined by the committee under subclause (1)(a) in the same way as it applies to a show of hands.

(4) If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairperson.

37. Special resolutions

A special resolution may only be passed by the association in accordance with section 39 of the Act.

38. By-laws

(1) The committee may make, amend, or repeal by-laws, not inconsistent with this Constitution, for the proper management and administration of the association.

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

(3) All by-laws are to be published on the association’s website.

39. Voting

(1) On any question arising at a general meeting of the association a member has one vote only.

(2) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

(3) A member is not entitled to vote at any general meeting of the association unless all money due and payable by the member to the association has been paid.

(4) A member is not entitled to vote at any general meeting of the association if the member is under 18 years of age.

40. Proxy votes not permitted

Proxy voting must not be undertaken at or in respect of a general meeting.

41. Postal or electronic ballots

(1) The association may hold a postal or electronic ballot (as the committee determines) to determine any issue or proposal.

(2) A postal or electronic ballot is to be conducted in accordance with Schedule 3 to the Regulation.

42. Use of technology at general meetings

(1) A general meeting may be held at 2 or more venues using any technology approved by the committee that gives each of the association’s members a reasonable opportunity to participate.

(2) A member of an association who participates in a general meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.

Part 5 Miscellaneous

43. Insurance

The association may effect and maintain insurance.

44. Funds - source

(1) The funds of the association are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association in general meeting, any other sources that the committee determines.

(2) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank or other authorised deposit-taking institution account.

(3) The association must, as soon as practicable after receiving any money, issue an appropriate receipt.

45. Funds - management

(1) Subject to any resolution passed by the association in general meeting, the funds of the association are to be used solely in pursuance of the objects of the association in the manner that the committee determines.

(2) All electronic transaction payments, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by 2 authorised signatories.

46. Association is non-profit

Subject to the Act and the Regulation, the association must apply its funds and assets solely in pursuance of the objects of the association and must not conduct its affairs so as to provide a pecuniary gain for any of its members.

47. Distribution of property on winding up of association

(1) Subject to the Act and the Regulations, in a winding up of the association, any surplus property of the association is to be transferred to another organisation with similar objects and which is not carried on for the profit or gain of its individual members.

(2) In this clause, a reference to the surplus property of an association is a reference to that property of the association remaining after satisfaction of the debts and liabilities of the association and the costs, charges and expenses of the winding up of the association.

48. Change of name, objects and Constitution

An application for registration of a change in the association’s name, objects or Constitution in accordance with section 10 of the Act is to be made by the public officer or a committee member.

49. Custody of books etc

Except as otherwise provided by this Constitution, all records, books and other documents relating to the association must be kept in New South Wales:

(a) at the main premises of the association, in the custody of the public officer or a member of the association (as the committee determines), or

(b) if the association has no premises, at the association’s official address, in the custody of the public officer.

50. Inspection of books etc

(1) The following documents must be open to inspection, free of charge, by a member of the association at any reasonable hour:

(a) records, books and other financial documents of the association,

(b) this Constitution,

(c) minutes of all committee meetings and general meetings of the association.

(2) A member of the association may obtain a copy of any of the documents referred to in subclause (1) on payment of a fee of not more than $1 for each page copied.

(3) Despite subclauses (1) and (2), the committee may refuse to permit a member of the association to inspect or obtain a copy of records of the association that relate to confidential, personal, employment, commercial or legal matters or where to do so may be prejudicial to the interests of the association.

51. Service of notices

(1) For the purpose of this Constitution, a notice may be served on or given to a person:

(a) by delivering it to the person personally, or

(b) by sending it by pre-paid post to the address of the person, or

(c) by sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.

(2) For the purpose of this Constitution, a notice is taken, unless the contrary is proved, to have been given or served:

(a) in the case of a notice given or served personally, on the date on which it is received by the addressee, and

(b) in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and

(c) in the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.

52. Financial year

The financial year of the association is:

(a) the period of time commencing on the date of incorporation of the association and ending on the following 30 June, and

(b) each period of 12 months after the expiration of the previous financial year of the association, commencing on 1 July and ending on the following 30 June.