PART 6 - MISCELLANEOUS
(1) The DCC must effect and maintain such insurance against a liability of the DCC as may be required by the Act.
(2) In addition to the insurance required under subclause (1), the DCC may effect and maintain other insurance.
36. FUNDS - SOURCE
(1) The funds of the DCC are to be derived from entrance fees and annual subscriptions of Members, donations and, subject to any resolution passed by the DCC in general meeting, such other sources as the Committee determines.
(2) All money received by the DCC must be deposited as soon as practicable and without deduction to the credit of the DCC's bank account.
(3) The DCC must, as soon as practicable after receiving any money, issue an appropriate receipt.
37. FUNDS - MANAGEMENT
(1) Subject to any resolution passed by the DCC in general meeting, the funds of the DCC are to be used in pursuance of the objects of the DCC in such manner as the Committee determines.
(2) All cheques, electronic funds transfer and other negotiable instruments must be signed by any two authorized members of the Committee or one authorized member of the Committee and one authorized employee of DCC, being members or employees authorized in writing to do so by the Committee.
38. PAYMENT OF OFFICE BEARERS AND MEMBERS
(1) A member of the Committee shall not be appointed to any salaried office of the DCC or any office of the DCC paid by fees, and no remuneration or other benefit in money or money's worth shall be given by the DCC to any member of the Committee except repayment of out-of-pocket expenses.
39. VACATION OF OFFICE
Without limiting the operation of clause 19 the office of a member of the Committee shall become vacant if:
(a) the member holds an office of profit in the DCC.
(b) with respect to disclosure of interests the member fails to comply with s31 of the Act.
40. ALTERATION OF OBJECTS AND RULES
(1) The statement of objects and this Constitution may be altered, rescinded or added to only by a special resolution of the DCC and in accordance with Division 2 of Part 2 of the Act.
(2) A proposed alteration of this Constitution or of the statement of objects of the DCC shall be notified, in accordance with reg 14 of the Charitable Fundraising Regulations 2008, to the Minister administering the Charitable Fundraising Act 1991, and to any other appropriate bodies (eg funding bodies) in the manner required by regulations under the relevant Acts and funding agreements.
41. COMMON SEAL
(1) Subject to clause 42(2) the common seal of the DCC must be kept in the custody of the Public Officer.
(2) The common seal must not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal must be attested by the signatures of 2 members of the Committee.
(3) The DCC may execute a document without using a common seal if the document is signed by 2 of its authorized signatories.
(4) The DCC may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subclause (2) or (3).
42. CUSTODY OF BOOKS
(1) Except as otherwise provided by these rules, the Public Officer must keep in his or her custody or under his or her control all records, books and other documents relating to the DCC.
(2) For the purposes of clauses 41(1) and 42(1) items directed by the Public Officer to be held in secure storage at the business premises of DCC are deemed to be in the custody of the Public Officer.
43. INSPECTION OF BOOKS
The following documents must be open to inspection, free of charge, by a Member of the DCC at any reasonable hour:
(a) public records, books and other financial documents of the DCC,
(b) this Constitution,
(c) minutes of all general meetings of the DCC.
44. 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 if 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 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.
45. WINDING UP
(1) In the event of the DCC being dissolved, any assets which remain after such dissolution and the satisfaction of all debts and liabilities shall be transferred to any other organization which has similar objects and which has been endorsed by the Australian Taxation Office as a charitable instituion. The charity so nominated shall be one which fulfils the relevant requirements of the Charitable Fundraising Act 1991 (NSW).
46. NON-PROFIT STATUS
(1) The profits of DCC will not be distributed to Members of the DCC but will be applied to the purposes of the DCC.
47. COMPLIANCE WITH CHARITABLE FUNDRAISING ACT 1991 (NSW)
(1) The DCC shall comply with such of the provisions of the Charitable Fundraising Act 1991 (NSW) and the regulations there under as are applicable to it.
Appendix 1 - Application for New Membership
Appendix 2 - Form of Appointment of Proxy
Appendix 3 - Nomination for Life Membership & Life Membership Selection Criteria
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