ASSOCIATIONS INCORPORATED ACT 1984
MACCABI NSW INCORPORATED PART 1
1. NAME
The name of the Association shall be Maccabi NSW Incorporated.
2. OBJECTS
The objects of the Association shall be:
2.1 To promote, encourage and co-ordinate Jewish sporting, cultural and recreational activities in New South Wales.
2.2 To affiliate with Maccabi Australia Incorporated.
2.3 To have a membership restructure for the Association as follows:
2.3.1 Clubs Members who shall represent those individuals (other than Life Members) who are members of the Clubs ;
2.3.2 Associate Members admitted to membership pursuant to these Rules;
and
2.3.3 Life Members being those individuals who were previously elected to life membership pursuant to the previous Rules of the Association and Life members elected in accordance with these Rules.
2.4 To acquire by purchase, lease or otherwise, any lands, buildings or premises as may be deemed by the Committee, likely to advance or benefit either directly or indirectly the objects of the Association.
2.5 Solely for the purposes of carrying out the objects set out in clause 2.1 and not otherwise:
2.5.1 To establish uniform regulations for the management and playing of sports in New South Wales.
2.5.2 To hear and adjudicate upon appeals from the decisions of officials of the Association and of affiliated and subsidiary bodies or of officials thereof.
2.5.3 To suspend, impose and enforce penalties, disqualify or otherwise deal with members, and in the case of a Club any officer of such Club, who has committed any breach of the aforementioned objects or the rules and by-laws made thereunder or who has practised, counseled or sanctioned any conduct arising out of or in connection with any sporting, cultural and/or recreational activity or otherwise which conduct is in the opinion of the Association unfair, unbecoming or contrary to the interests of the Association.
22
2.5.4 To appoint delegates to represent the Association, to select teams, players and officials and to send them to represent the Association or for other such purposes as the Association thinks fit.
2.5.5 To make rules or by-laws on matters authorised by or necessary or convenient to give effect to the objects set out in clause 2.1, insofar as such rules or by-laws are not inconsistent with such objects.
2.5.6 To call for, receive and deal with reports from the Committee and other subcommittees, affiliated bodies, subsidiary bodies, officers and officials.
2.5.7 To keep authentic records of all matters appertaining to the activities of the Association and to keep records of members of the Association.
2.5.8 To regulate its own procedures, to create, nominate and appoint subcommittees to administer specific areas of responsibility as the needs arise and with such powers not inconsistent with the objects set out in clause 2.1 as may be deemed desirable and to withdraw such powers when deemed necessary.
2.5.9 To hold or arrange competitions and provide or contribute towards the provision of prizes, awards and distinctions in connection therewith.
Provided that no members of the Association shall receive any prize, award or distinction of monetary value except as a successful competitor at any competition held or promoted by the Association.
2.5.10 To subscribe to, become a member of and co-operate with or amalgamate with any other association or organisation, whether incorporated or not, whose objects are similar to those of the Association.
Provided that the Association shall not subscribe to or support with its funds or amalgamate with any 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.
2.5.11 To buy, sell and deal in all kinds of apparatus and all kinds of provisions, liquid and solid, required by the members of the Association or persons frequenting the Association's premises.
2.5.12 To purchase, take on lease or in exchange, hire and otherwise acquire any lands, building, easement or property, real and personal, and any rights or privileges which may be requisite for the purposes 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 manner as is allowed by law having regard to such trusts.
22
2.5.13 To enter into any arrangements with any government or authority, supreme municipal, local or otherwise, that may seem conducive to the Association's objects or any of them and to obtain from any such government or authority any rights, privileges and concessions which the Association may think is desirable to obtain; and to carry out exercise and comply with any such arrangements, rights, privileges and concessions.
2.5.14 To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Association.
2.5.15 To establish and support or aid in the establishment and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or past employees of the Association or the dependents or connections of any such persons; and to grant pensions and allowances; and to make payments towards insurance; and to subscribe or guarantee money for charitable or benevolent objects, or for any public, general or useful object.
2.5.16 To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, ground 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, improvements, maintenances, development, working management, carrying out, alteration or control thereof.
2.5.17 To invest and deal with the money of the Association not immediately required in such manner as the Committee thinks fit.
2.5.18 To borrow or raise or secure the payment of money in such manner as the Association may think fit and to secure the same or the repayment or performance of and 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 such securities.
2.5.19 To make, draw, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments.
2.5.20 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.
2.5.21 To take or hold mortgages, liens and 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 and others.
22
2.5.22 To take any gift of property whether subject to any special trust or not for any one or more of the objects of the Association.
2.5.23 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.
2.5.24 To print and publish any newspapers, periodicals, books, or leaflets that the Association may think desirable for the promotion of its objects.
2.5.25 To purchase or otherwise acquire and undertake all or any part of the property assets, liabilities and engagements of any one or more of the companies, institutions, societies or associations with which the Association is authorised to amalgamate.
2.5.26 To transfer all or any part of the property, assets, liabilities and engagements of the Association to any one or more of the companies, institutions, societies or associations with which the Association is authorised to amalgamate.
2.5.27 To make donations for patriotic or charitable purposes.
2.5.28 To give guarantees and indemnities whether unsecured or secured by mortgage or charge over all or any part of the assets and undertaking of the Association or otherwise for the payment of money, or the performance of any contract or obligation by any person or corporation and to secure by mortgage or charge over all or any part of the assets and undertaking of the Association or otherwise the repayment of moneys lent or advanced to or the performance of any contact or obligation by any person or corporation.
3. INTERPRETATION
3.1 In these Rules and the Objects, except insofar as the context or the subject matter otherwise indicates or requires:
"Act" means the Associations Incorporation Act 2009;
"Adult Associate Member" means an Associate Member eighteen
(18) years of age or older;
"AGM" means any Annual General Meeting of the Association held in accordance with the Act and these Rules;
"Application for Membership" means the application for membership in
Rule 4.3;
"Associate Member" means a person who is Jewish (not being a member of a Club Member or a Life Member) admitted to membership of the Association in accordance with these Rules being a Junior Associate Member or Adult Associate Member;
22
"Association" means Maccabi NSW Incorporated;
"Club" means any association duly incorporated pursuant to the Corporations Act, the Act or pursuant to statutes relating to co-operatives and which have objects consistent with that of the Association;
"Club Member" any Club admitted as a member of the Association in accordance with these Rules;
"Committee" means the governing board of the Association elected by members in accordance with these Rules and charged with the responsibility to carry out the objects of the Association on behalf of the members of the Association;
"Corporations Act" means the Corporations Act 2001;
"Council" means the advisory board constituted in accordance with these Rules to act in an advisory capacity to the Committee to assist the Committee in carrying out its function;
"Disputes Committee" means a committee of three (3) persons to adjudicate disputes:
(a) all of whom shall be either a member of a Club which is a member of the Association, or an Associate Member or a Life Member; and
(b) none of whom shall be a member of the Committee;
"EGM" means a general meeting of the Association other than an AGM;
"Executive" means the President, Vice-President, Finance Director and the
Immediate Past President;
"General Meeting" means an AGM or any EGM;
“Jewish, for the purposes of this document, means a person who is of the Jewish faith or who has a Jewish parent;
"Immediate Past President" means the person who held the office of
President immediately prior to the incumbent President;
"Junior Associate Member" means an Associate Member who is less than eighteen (18) years of age;
"Life Member" means a Jewish person elected to such membership in accordance with these Rules;
"Members" means collectively Club Members, Associate Members and Life
Members;
“Participant means any individual who is allowed by the Association and/or a Club Member to participate in their sporting or cultural activities;
"Regulation" means the Associations Incorporation Regulations 1985;
"Secretary" means the person who holds the office of public officer of the
Association;
3.2 In these Rules:
3.2.1 A reference to a function includes a reference to a power, authority and duty;
3.2.2 A reference to the exercise of a function includes where the function is a duty, a reference to the performance of the duty.
3.3 The provisions of the Interpretations Act 1897, apply to and in respect of these Rules in the same manner as those provisions would so apply if these Rules were an instrument made under the Act.
3.4 Unless the context otherwise requires, the singular shall include the plural and the masculine gender shall include the feminine and vice versa.
PART II
4. MEMBERSHIP
4.1 Categories of Membership
The members of the Association shall be such of the following as are admitted to membership in accordance with these Rules:
4.1.1 Club Members;
4.1.2 Associate Members; and
4.1.3 Life Members.
4.2 Intentionally left blank
4.3 Admission of Members other than Life Members
4.3.1 An applicant for membership shall complete, duly execute and deliver to the Secretary an application for membership in the following form:
"To the Secretary,
Maccabi NSW Incorporated
*1. (insert full name of Club) is an association duly incorporated pursuant to (insert name of statute) pursuant to which the Club is incorporated and entitled to be admitted as a Club Member of the Association pursuant to these Rules.
*1. I am entitled to be admitted as an Associate Member of the Association pursuant to these Rules and declare that I am Jewish.
2. I/we *apply/applies to become a *Club Member/Associate Member of Maccabi NSW Incorporated and if accepted for membership *agree/agrees to be bound by the Rules of the Association.
Dated: 20
Signed for and on behalf of
……………………………"
*Delete whichever is not applicable.
4.3.2 When a Club lodges an application to become a Club Member it shall: (a) furnish to the Association a copy of its Constitution or set of
Rules;
(b) furnish a list of all its members as at the date of lodgment of its Application for Membership;
(c) certify that to the best of the knowledge and belief of the governing body of such Club all members of the Club are Jewish. If there is doubt as to whether one or more members of the Club are Jewish then the Association may require in its absolute discretion the Club to obtain a ruling on the issue from a Rabbi of a congregation in New South Wales or, if there is no Rabbi, the President of any Jewish congregation in New South Wales;
(d) pay at the time of lodgment of the Application for Membership the current membership fee calculated on the number of all members of that Club as at the date of the Application for Membership; and
(e) furnish to the Association satisfactory evidence that it is incorporated under either the Act or under any legislation of the State of New South Wales or the Commonwealth of Australia.
4.4 Election of Life Members
Life Members may be elected at any AGM of the Association on the following basis: