Statement of objects and rules of Bone Marrow Transplant Society of Australia and New Zealand Incorporated


(incorporating amendments of 18 August 2003 and 19 October 2004)

STATEMENT OF OBJECTS

The objects of the Association are:

  1. To act as a public benevolent institution for the relief of diseases of the blood, blood forming tissues and/or vessels and other diseases where treatments involve blood, blood vessels and blood forming tissues.
  2. To provide as a public benevolent institution for the welfare of such persons who are or appear to be suffering from diseases of the blood, blood forming tissues and/or vessels and other diseases where treatments involve blood, blood vessels and blood forming tissues and their carers.
  3. For the purposes of providing for such welfare as a public benevolent institution the association may provide facilities and/or services including the following:
    1. to foster clinical research in bone marrow transplantation;
    2. to improve the outcome for people undergoing transplantation of bone marrow stem cells through innovation and improvements in clinical care;
    3. to maintain a register of bone marrow transplant activity and outcomes;
    4. to improve the standard of clinical care of bone marrow transplant patients;
    5. to form collaborative links with other international organisations with similar objectives; and
    6. to raise funds in order to carry out its objects by soliciting funds, donations and moneys from members of the public, corporations, trusts and any other source approved by the board.
  4. Such further or other acts or things as the board may from time to time determine in furtherance of the objects of the association with a view to providing aid generally to persons suffering from diseases of the blood, blood forming tissues and/or vessels and other diseases where treatments involve blood, blood vessels and blood forming tissues and assistance with their treatment.

RULES OF BONE MARROW TRANSPLANT SOCIETY OF AUSTRALIA AND NEW ZEALAND INCORPORATED

PART 1 – PRELIMINARY

  1. Definitions

    1. In these rules: Director-General means the Director-General of the Department of Fair Trading. Ordinary member means a member of the committee who is not an office-bearer of the association, as referred to in rule 15(2). Secretary means:
      1. the person holding office under these rules as secretary of the association, or
      2. if no such person holds that office – the public officer of the association.

      Special general meeting means a general meeting of the association other than an annual general meeting. the Act means the Associations Incorporation Act 1984. the Regulation means the Associations Incorporation Regulation 1999.

    2. In these rules:
      1. a reference to a function includes a reference to a power, authority and duty, and
      2. 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 these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.

PART 2 – MEMBERSHIP

  1. Membership qualifications

    A person is qualified to be a member of the association if, but only if:

    1. the person is a person referred to in section 15(1)(a), (b) or (c) of the Act and has not ceased to be a member of the association at any time after incorporation of the association under the Act, or
    2. the person is a natural person:
      1. who has been nominated for membership of the association as provided by rule 4, and
      2. who has been approved for membership of the association by the committee of the association.
    3. the person will have demonstrated an interest and commitment to the field of bone marrow transplantation, as evidenced by one of the following:
      1. is a clinical haematologist and member of the Haematology Society of Australia and New Zealand and is actively involved in the clinical or laboratory aspects of bone marrow transplantation.
      2. is a medical graduate involved in other specialties relevant to the practice of bone marrow transplantation.
      3. is a scientist who has demonstrated a research interest in the field of bone marrow transplantation.
  2. Nomination for membership

    1. A nomination of a person for membership of the association:
      1. must be made by a member of the association in writing in the form set out in Appendix 1 to these rules, and
      2. must be lodged with the secretary of the association.
    2. As soon as practicable after receiving a nomination for membership, the secretary must refer the nomination to the committee which is to determine whether to approve or to reject the nomination.
    3. As soon as practicable after the committee makes that determination, the secretary must:
      1. notify the nominee, in writing, that the committee approved or rejected the nomination (whichever is applicable), and
      2. if the committee approved the nomination, request the nominee to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under these rules by a member as entrance fee and annual subscription.
    4. The secretary must, on payment by the nominee of the amounts referred to in clause 4(3)(b) within the period referred to in that provision, enter the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the association.
  3. Cessation of membership

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

    1. dies, or
    2. resigns membership, or
    3. is expelled from the association.
  4. Membership entitlements not transferable

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

    1. is not capable of being transferred or transmitted to another person, and
    2. terminates on cessation of the person’s membership.
  5. Resignation of membership

    1. A member of the association is not entitled to resign that membership except in accordance with this rule.
    2. A member of the association who has paid all amounts payable by the member to the association in respect of the member’s membership may resign from membership of the association by first giving to the secretary written notice of at least one month (or such other period as the committee may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.
    3. If a member of the association ceases to be a member under clause (2), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
  6. Register of members

    1. The public officer of the association must establish and maintain a register of members of the association specifying the name and 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 kept at the principal place of administration of the association and must be open for inspection, free of charge, by any member of the association at any reasonable hour.
    3. A member of the association may obtain a copy of any part of the register on payment of a fee of $1 for each page copied or, if some other amount is determined by the committee, that other amount.
  7. Fees and subscriptions

    1. A member of the association must, on admission to membership, pay to the association a fee of $1 or, if some other amount is determined by the committee, that other amount.
    2. In addition to any amount payable by the member under clause (1), a member of the association must pay to the association an annual membership fee of $2 or, if some other amount is determined by the committee, that other amount:
      1. except as provided by paragraph (b), before 1 July in each calendar year, or
      2. if the member becomes a member on or after 1 July in any calendar year – on becoming a member and before 1 July in each succeeding calendar year.
  8. 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 rule 9.

  9. Resolution of internal disputes

    1. Disputes between members (in their capacity as members) of the association, and disputes between members and the association, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.
    2. At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.
  10. Disciplining of members

    1. A complaint may be made to the committee by any person that a member of the association:
      1. has persistently refused or neglected to comply with a provision or provisions of these rules, or
      2. has persistently and wilfully acted in a manner prejudicial to the interests of the association.
    2. On receiving such a complaint, the committee:
      1. must cause notice of the complaint to be served on the member concerned, and
      2. must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint, and
      3. must take into consideration any submissions made by the member in connection with the complaint.
    3. The committee may, by resolution, expel the member from the association or suspend the member from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
    4. If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member’s right of appeal under rule 13.
    5. The expulsion or suspension does not take effect:
      1. until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
      2. if within that period the member exercises the right of appeal, unless and until the association confirms the resolution under rule 13(5),

      whichever is the later.

  11. Right of appeal of disciplined member

    1. A member may appeal to the association in general meeting against a resolution of the committee under rule 12, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
    2. The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
    3. On receipt of a notice from a member under clause (1), the secretary must notify the committee, which is to convene a general meeting of the association to be held within 28 days after the date on which the secretary received the notice.
    4. At a general meeting of the association convened under clause (3):
      1. no business other than the question of the appeal is to be transacted, and
      2. the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
      3. the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
    5. If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

PART 3 – THE COMMITTEE

  1. Powers of the committee

    The committee is to be called the committee of management of the association and, subject to the Act, the Regulation and these rules and to any resolution passed by the association in general meeting:

    1. is to control and manage the affairs of the association, and
    2. may exercise all such functions as may be exercised by the association, other than those functions that are required by these rules to be exercised by a general meeting of members of the association, and
    3. has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the association.
  2. Constitution and membership
    1. Subject in the case of the first members of the committee to section 21 of the
      Act, the committee is to consist of:

      1. the office-bearers of the association, and
      2. 3 ordinary members,

      each of whom is to be elected at the annual general meeting of the association under rule 16.

    2. The office-bearers of the association are to be:
      1. the president,
      2. the vice-president,
      3. the treasurer, and
      4. the secretary.
    3. Each member of the committee is, subject to these rules, to hold office for a period of two (2) years until the conclusion of the second annual general meeting following the date of the member’s election, but is eligible for re-election for a maximum of 3 consecutive terms.
    4. 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 these rules, until the conclusion of the annual general meeting next following the date of the appointment.
    5. A majority of the members of the committee must be persons who because of their tenure of some public office or their position in the community, have a degree of responsibility to the community as a whole.
  3. Election of members

    1. Nominations of candidates for election as office bearers of the association or as ordinary members of the committee:
      1. 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
      2. 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. 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.
    3. If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
    4. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
    5. If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
    6. The ballot for the election of office-bearers and ordinary members of the committee is to be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
  4. 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 of:
      1. all appointments of office-bearers and members of the committee,
      2. the names of members of the committee present at a committee meeting or a general meeting, and
      3. all proceedings at committee meetings and general meetings.
    3. Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
  5. Treasurer

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

    1. that all money due to the association is collected and received and that all payments authorised by the association are made, and
    2. 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.
  6. Casual vacancies

    For the purpose of these rules, a casual vacancy in the office of a member of the committee occurs if the member:

    1. dies, or
    2. ceases to be a member of the association, or
    3. becomes an insolvent under administration within the meaning of the Corporations Law, or
    4. resigns office by notice in writing given to the secretary, or
    5. is removed from office under rule 20, or
    6. becomes a mentally incapacitated person, or
    7. is absent without the consent of the committee from all meetings of the committee held during a period of 6 months.
  7. Removal of member

    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 clause (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.
  8. Meetings and quorum

    1. The committee must meet at least 3 times in each period of 12 months at such
    2. place and time as the committee may determine.

    3. Additional meetings of the committee may be convened by the president or by any member of the committee.
    4. 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 such other period as may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
    5. Notice of a meeting given under clause (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.
    6. Any 3 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.
    7. 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.
    8. 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.
    9. At a meeting of the committee:
      1. (a) the president or, in the president’s absence, the vice-president is to preside, or
      2. if the president and the vice-president are absent or unwilling to act, such one of the remaining members of the committee as may be chosen by the members present at the meeting is to preside.
  9. Delegation by committee to sub-committee
    1. The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the association as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than:
      1. (a) this power of delegation, and
      2. 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 a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
    3. A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
    4. Despite any delegation under this rule, the committee may continue to exercise any function delegated.
    5. Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule 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 rule.
    7. A sub-committee may meet and adjourn as it thinks proper.
  10. Voting and decisions
    1. Questions arising at a meeting of the committee or of any sub-committee appointed by the committee are to be determined by a majority of the votes of members of the committee or sub-committee present at the meeting.
    2. Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote but, in the event of any equality of votes on any question, the person presiding may exercise a second or casting vote.
    3. Subject to rule 21(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 sub-committee.

PART 4 – GENERAL MEETINGS

  1. Annual general meetings – holding of
    1. With the exception of the first annual general meeting of the association, the association must, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members.
    2. The association must hold its first annual general meeting:

      1. within the period of 18 months after its incorporation under the Act, and
      2. within the period of 6 months after the expiration of the first financial year of the association.
    3. Clauses (1) and (2) have effect subject to any extension or permission granted by the Director-General under section 26(3) of the Act.
  2. Annual general meeting – calling of and business at
    1. The annual general meeting of the association is, subject to the Act and to rule 24, to be convened on such date and at such place and time as 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:

      1. to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting;
      2. to receive from the committee reports on the activities of the association during the last preceding financial year;
      3. to elect office-bearers of the association and ordinary members of the committee;
      4. to receive and consider the statement which is required to be submitted to members under section 26(6) of the Act.
    3. An annual general meeting must be specified as such in the notice convening it.
  3. 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 in writing of at least 5 per cent of the total number of members, convene a special general meeting of the association.
    3. A requisition of members for a special general meeting:

      1. must state the purpose or purposes of the meeting, and
      2. must be signed by the members making the requisition, and
      3. must be lodged with the secretary, and
      4. 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 that 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 clause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee and any member who consequently incurs expense is entitled to be reimbursed by the association for any expense so incurred.
  4. 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 clause (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 rule 25(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.
  5. Procedure
    1. No item of business is to be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that item.
    2. Five members present in person (being members entitled under these rules 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:
      1. if convened on the requisition of members, is to be dissolved, and
      2. 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) is to constitute a quorum.
  6. Presiding member
    1. The president or, in the president’s absence, the vice-president, is to preside as
      chairperson at each general meeting of the association.
    2. If the president and the vice-president are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.
  7. 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 clauses (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.
  8. Making of decisions
    1. A question arising at a general meeting of the association is to be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, 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.
    2. At a general meeting of the association, a poll may be demanded by the chairperson or by at least 3 members present in person or by proxy at the meeting.
    3. If a poll is demanded at a general meeting, the poll must be taken:
      1. immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or
      2. in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.
  9. Special resolution

    A resolution of the association is a special resolution:

    1. if it is passed by a majority which comprises at least three-quarters of such members of the association as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which at least 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or
    2. where it is made to appear to the Director-General that it is not practicable for the resolution to be passed in the manner specified in paragraph (a), if the resolution is passed in a manner specified by the Director-General.
  10. Voting
    1. On any question arising at a general meeting of the association a member has
      one vote only.
    2. All votes must be given personally or by proxy but no member may hold more than 5 proxies.
    3. 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.
    4. A member or proxy is not entitled to vote at any general meeting of the association unless all money due and payable by the member or proxy to the association has been paid, other than the amount of the annual subscription payable in respect of the then current year.
  11. Appointment of proxies
    1. Each member is to be entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
    2. The notice appointing the proxy is to be in the form set out in Appendix 2 to these rules.

PART 5 – MISCELLANEOUS

  1. Insurance
    1. The association must effect and maintain insurance under section 44 of the Act.
    2. In addition to the insurance required under clause (1), the association may effect and maintain other insurance.
  2. 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, such other sources as 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 account.
    3. The association must, as soon as practicable after receiving any money, issue an appropriate receipt.
  3. Funds – management
    1. Subject to any resolution passed by the association in general meeting, the funds of the association are to be used in pursuance of the objects of the association in such manner as the committee determines.
    2. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee or employees of the association, being members or employees authorised to do so by the committee.
  4. Alteration of objects and rules

    The statement of objects and these rules may be altered, rescinded or added to only by
    a special resolution of the association.

  5. Common seal
    1. The common seal of the association 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 either of 2 members of the committee or of 1 member of the committee and of the public officer or secretary.
  6. Custody of books

    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 association.

  7. Inspection of books

    The records, books and other documents of the association must be open to inspection, free of charge, by a member of the association at any reasonable hour.

  8. Service of notices
    1. For the purpose of these rules, a notice may be served on or given to a person:
      1. by delivering it to the person personally, or
      2. by sending it by pre-paid post to the address of the person, or
      3. 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 these rules, a notice is taken, unless the contrary is proved, to have been given or served:
      1. in the case of a notice given or served personally, on the date on which it is received by the addressee, and
      2. 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
      3. 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.
  9. Winding Up
    1. The association may, subject to distribution of any surplus property in accordance with this rule, be wound up voluntarily by the members pursuant to a resolution at a special general meeting.
    2. Any property of the association remaining after satisfaction of the debts and liabilities of the association and payment of costs, charges and expenses of the winding up of the association shall be surplus property of the association. Such surplus property shall not be paid to or distributed amongst the members of the association but shall be given or transferred to some other association, body, fund, authority or institution having objects similar to the objects of the association and which is an association, body, fund, authority or institution to which income tax deductible gifts can be made approved by the members pursuant to a resolution at a special general meeting.
  10. Surplus Assets on a Winding Up

    In the event that the Association’s endorsement as a deductible gift recipient under Subdivision 30-BA of the Income Tax Assessment Act 1997 (Commonwealth) is revoked or the Association is wound up, then the Association’s property must be paid or transferred to a fund authority or institution nominated by the members of the committee, the principal objects of which are similar to the objects of the Association set out in the Statement of Objects, the Constitution of which prohibits the distribution of any of its income or property to its members to an extent at least as much as is set out in Subrule 43(2) and gifts to which can be deducted under Division 30 of the Income Tax Assessment Act 1997 (Commonwealth) which is not carried on for the profit or gain of its individual members and which, itself, is exempt from income tax.

  11. Gift Fund
    1. The members of the committee must establish and maintain a fund (‘the Gift Fund’) to which gifts of money or property for the attainment of the objects set out in the Statement of Objects are to be made and to which any gifts of money received by the Association are to be credited and that does not receive any other money or property.
    2. The Association must use the gifts made to the Gift Fund and any money received because of such gifts only for the attainment of the objects set out in the Statement of Objects.
    3. The Association must ensure that in respect of the Gift Fund and any other moneys held by the Association pursuant to these Rules, accounts are prepared in accordance with the accounting standards adopted under the Corporations Law.
    4. The Association must provide a written receipt in the name ‘Bone Marrow Transplant Society of Australia and New Zealand Incorporated’ in respect of all money or property that it receives.
    5. The receipt in writing of the Association or any person authorised for that purpose by the Association for all money or other real or personal property paid or transferred to the Association shall effectively discharge the person or authority paying or transferring the money or property to the Association from being concerned to see to the application of that money or property.
    6. The Association may in its absolute discretion refuse to accept any sum of money or other real or personal property which may be tendered to it as a donation to the Association and shall not be required to give any reasons for the refusal.
    7. If the Gift Fund is wound up or if the endorsement (if any) of the Association as a deductible gift recipient for the operation of the Association is revoked, any surplus assets of the Gift Fund remaining after the payment of liabilities attributable to it shall be transferred to a fund, authority or institution to which income tax deductible gifts can be made under Subdivision 30-B of the Income Tax Assessment Act 1997.
    8. The Association must maintain a separate bank account for the Gift Fund.
    9. It is declared that the Gift Fund forms part of the Association.
  12. Non-profit

    The assets and income of the Association shall be applied solely in furtherance of its abovementioned objects and no portion shall be distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.