North Coast Muslim Association

North Coast Muslim Association (NCMA) Constitution

The North Coast Muslim Association (NCMA) follows the New South Wales constitution

Model constitution

Under the Associations Incorporation Act 2009

About this model constitution

The constitution of an incorporated association forms the structure within which the association operates.

To assist associations develop their constitution, NSW Fair Trading has prepared this model constitution, which covers the matters required by law. An association may:

• adopt this model constitution; or

• adopt a modified version of this model constitution.

Adopting the model constitution (without modification)

• Any changes made to the model constitution will automatically apply to all associations that have adopted the model constitution (without modification).

Copyright information

• State of New South Wales through NSW Fair Trading, 2016

• For any other use of this information, please refer to NSW Fair Trading's copyright policy at www.fairtrading.nsw.gov.au/ftw/copyright.page or email publications@finance.nsw.gov.au

Definitions

(1) In this constitution: 

ordinary committee member means a member of the committee who is not an office-bearer of the association.

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.

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.

Disclaimer

This publication must not be relied on as legal advice. For more information please refer to the appropriate legislation or seek independent legal advice.

Part 2 Membership

2 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 3.

(2) A person is taken to be a member of the association if:

(a) the person is a natural person, and

(b) the person was:

() in the case of an unincorporated body that is registered as the association - a member of that unincorporated body immediately before the registration of the association, or

(ii) in the case of an association that is amalgamated to form the relevant association a member of that other association immediately before the amalgamation, or

(iii) in the case of a registrable corporation that is registered as an association - a member of the registrable corporation immediately before that entity was registered as an association.

(3)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.

3 Application for membership

(1)An application by a person for membership of the association:

(a) must be made in writing (including by email or other electronic means, if the committee so determines) in the form determined by the committee, and

(b) must be lodged (including by electronic means, if the committee so determines) with the secretary of the association.

(2) As soon as practicable after receiving an application for membership, the secretary must refer the application to the committee, which is to determine whether to approve or to reject the application.

(3) As soon as practicable after the committee makes that determination, the secretary must

(a) notify the applicant in writing (including by email or other electronic means, if the committee so determines) that the committee approved or rejected the application (whichever is applicable), and

(b) if the committee approved the application, request the applicant to pay

(within the period of 28 days after receipt by the applicant of the notification) the sum payable under this constitution by a member as entrance fee and annual subscription.

(4) The secretary must, on payment by the applicant of the amounts referred to in subclause (3) (b) within the period referred to in that provision, enter or cause to be entered the applicant's name in the register of members and, on the name being so entered, the applicant becomes a member of the association.

4 Cessation of membership

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

(a) dies, or

(b) resigns membership, or

(c) is expelled from the association, or

(d) fails to pay the annual membership fee under clause 8 (2) within 3 months after the fee is due.

5 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.

6 Resignation of membership

(1)A member of the association may resign from membership of the association by first giving to the secretary written notice of at least 1 month (or any other period that 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.

(2) If a member of the association ceases to be a member under subclause (1), 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.

7 Register of members

(1) The secretary must establish and maintain a register of members of the association (whether in written or 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 kept in New South Wales:

(a) at the main premises of the association, or

(b) if the association has no premises, at the association's official address.

(3) The register of members must be open for inspection, free of charge, by any member of the association at any reasonable hour.

(4) A member of the association may obtain a copy of any part of the register on payment of a fee of not more than $1 for each page copied.

(5) 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.

(6) 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.

(7) If the register of members is kept in electronic form:

(a) it must be convertible into hard copy, and

(b) the requirements in subclauses (2) and (3) apply as if a reference to the register of members is a reference to a current hard copy of the register of members.

8 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 subclause (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:

(a) except as provided by paragraph (b), before the first day of the financial year of the association in each calendar year, or

(b) if the member becomes a member on or after the first day of the financial year of the association in any calendar year-on becoming a member and before the first day of the financial year of the association in each succeeding calendar year.

9 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 8.

10 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.

11 Disciplining of members

(1) A complaint may be made to the committee by any person that a member of the association:

(a) has refused or neglected to comply with a provision or provisions of this constitution, or

(b) has wilfully acted in a manner prejudicial to the interests of the association.

(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, the committee:

(a) must cause notice of the complaint to be served on the member concerned, and

(b) 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

(c) must take into consideration any submissions made by the member in connection with the complaint.

(4) 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 and the expulsion or suspension is warranted in the circumstances.

(5) 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 clause 12.

(6) The expulsion or suspension does not take effect:

(a) until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or

(b) if within that period the member exercises the right of appeal, unless and until the association confirms the resolution under clause 12, whichever is the later.

12 Right of appeal of disciplined member

(1)A member may appeal to the association in general meeting against a resolution of the committee under clause 11, 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 subclause (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 subclause (3):

(a) no business other than the question of the appeal is to be transacted, and

(b) the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and

(c) the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

(5) The appeal is to be determined by a simple majority of votes cast by members of the association.

Part 3 The committee

13 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.

14 Composition and membership of committee

(1) The committee is to consist of:

(a) the office-bearers of the association, and

(b) at least 3 ordinary committee members,

each of whom is to be elected at the annual general meeting of the association under clause 15.

Note. Section 28 of the Act contains further requirements concerning eligibility for membership and composition of the committee.

(2) The total number of committee members is to be 7.

(3) The office-bearers of the association are as follows:

(a) the president,

(b) the vice-president,

(c) the treasurer,

(d) the secretary.

(4) A committee member may hold up to 2 offices (other than both the offices of president and vice-president).

(5) There is no maximum number of consecutive terms for which a committee member may hold office.

Note. Schedule 1 to the Act provides that an association's constitution is to address the maximum number of consecutive terms of office of any office-bearers on the committee.

(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.

15 Election of committee members

(1) Nominations of candidates for election as office-bearers of the association or as ordinary 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) 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 committee members of the committee is to be conducted at the annual general meeting in any usual and proper manner that the committee directs.

(7)A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of the association must be a member of the association.

16 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 meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.

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

17 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.

18 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 19, 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.

19 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.

20 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, the vice-president is to preside, or

(b) if the president and the vice-president 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.

21 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 18 applies.

22 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.

23 Delegation by committee to sub-committee

(1) The committee may, by instrument in writing, delegate to one or more sub-committees (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 a sub-committee under this clause 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 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 a sub-committee 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 sub-committee may meet and adjourn as it thinks proper.

24 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 an equality of votes on any question, the person presiding may exercise a second or casting vote.

(3) Subject to clause 20 (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

25 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.

26 Annual general meetings - calling of and business at

(1) The annual general meeting of the association is, subject to the Act and to clause 25, 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.

27 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 at least 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.

28 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.

Note. A special resolution must be passed in accordance with section 39 of the Act.

(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 26 (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.

29 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.

30 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.

31 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.

32 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 37 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-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.

33 Special resolutions

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

34 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.

35 Proxy votes not permitted

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

Note. Schedule 1 to the Act provides that an association's constitution is to address whether members of the association are entitled to vote by proxy at general meetings.

36 Postal or electronic ballots

(1) The association may hold a postal or electronic ballot (as the committee determines) to determine any issue or proposal (other than an appeal under clause 12).

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

37 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

38 Insurance

The association may effect and maintain insurance.

39 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.

40 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 cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by 2 authorised signatories.

41 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.

Note. Section 5 of the Act defines pecuniary gain for the purpose of this clause.

42 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.

Note. Section 65 of the Act provides for distribution of surplus property on the winding up of an association.

43 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.

44 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.

45 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.

46 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:

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.

47 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.

Notes.

1. Schedule 1 to the Act provides that an association's constitution is to address the association's financial year.

2. Clause 19 of the Regulation contains a substitute clause 47 for certain associations incorporated under the Associations Incorporation Act 1984.

What is a public officer?

A public officer is the official point of contact for an incorporated association and one of the authorised signatories

Who can be a public officer?

A committee member, an ordinary member or a person outside the association may hold the position of public officer.

• The public officer must be over 18 years of age and reside in New South Wales. 

• An association's incorporation may be cancelled if it does not have a public officer or if its public officer does not comply with these requirements.

What is the official address?

• Every association must have an official address. 

• The official address must be a physical address in NSW where the public officer can generally be found. 

• It must be premises at which documents can be received by post.

• The official address cannot be a post office box.

• The public officer must advise NSW Fair Trading of a change of official address by lodging the approved form Notice of appointment of public officer and notice of change of association address (form A9) within 28 days after the current address becomes obsolete or unusable.

Authorised signatory

• The public officer is automatically one of the authorised signatories for the association. 

• However, the public officer is not automatically a signatory to the association's bank account.

• For additional information on authorised signatories, visit the Management committee page on the Fair Trading website.

How is the public officer appointed and removed?

• The person nominated as the public officer on the application for incorporation of an association will become the association's first public officer. 

• The committee must fill any vacancy in the position of public officer within 28 days.

• A public officer will vacate the position if he or she:

-dies

-resigns in writing to the committee

-is removed from office by the passing of a resolution at a general meeting

-becomes bankrupt

-becomes a mentally incapacitated person

-ceases to be a resident of New South Wales, or

-meets any circumstances as provided for in the constitution.

• The new public officer must notify Fair Trading within 28 days of the new appointment. Notification must be in the approved form Notice of appointment of public officer and notice of change of association address (form A9).

What are the responsibilities of the Public Officer

The public officer is responsible for:

• notifying Fair Trading of any change in the association's official address within 28 days

• collecting all association documents from former committee members and delivering the documents to the new committee member

• returning all association documents to a committee member within 14 days, upon vacating office

• acting as the official contact for the association, including taking delivery of documents served on the association and bringing them to the attention of the committee as soon as practicable

• custody of any documents as required by the constitution.

What records must be kept?

An association must keep the following records:

• a register of committee members

• a record of any disclosure of interest by a committee member

• a record of the association's financial transactions and position

• minutes of the proceedings of committee and general meetings

• a register of members.

An association should also keep the following records:

• a record of its authorised signatories

• a record of its current public officer and official address.

What information has to be recorded? 

Register of committee members

The register of committee members must be kept at the main premises of the association or the association's official address, which must be in NSW.

The register must be made available for inspection, free of charge, by anyone and must contain the following particulars:

• the name, date of birth and residential address of each committee member

• the date on which each committee member takes office and vacates office

• the name of any committee members who hold the positions (if any) of president, vice-president, secretary or treasurer

• the date on which those committee members were appointed or elected to those positions and the date those appointments ceased.

The register must be updated within 1 month after any change in the committee's membership occurs.

Register of disclosure of interests

The committee must maintain a record of any disclosure by a committee member of a direct or indirect interest, being or to be considered at a committee meeting, that appears to raise a conflict with the committee member performing their duties. The committee must deal with any disclosure according to section 31 of the Associations Incorporation Act 2009 (the Act).

The disclosures recorded must be kept with the register of committee members and must be available for inspection by any member of the association upon payment of a fee, as determined by the committee. The fee must not exceed $5 which is the maximum fee allowed by the Associations Incorporation Regulation 2016 (the Regulation).

For more information, visit the Management committee page on the Fair Trading website.

Financial records

Associations must keep records that correctly record and explain their financial transactions and financial position.

Where an association acts as the trustee for any trust, it must keep records that correctly record and explain the financial transactions and financial position of the trust.

Tier 1 associations must ensure financial records are sufficient to enable financial statements to be prepared in accordance with the Australian Accounting Standards.

As a minimum all associations need to keep:

• receipt books

• records of payments with supporting documents and approvals

• Invoices

• bank statements

• bank deposit books (if used)

• cheque books.

It may also be appropriate for associations to maintain an asset register. This is important for maintaining control of major assets when there are changes in the committee.

Where financial records are kept in a language other than English, an English language copy must be kept with the document.

The committee is responsible for ensuring appropriate internal financial controls are implemented for all payments made on behalf of the association. As a matter of good corporate governance, the committee should have oversight and authorise/approve

payments regularly. This should be undertaken at each committee meeting at a minimum. For information on the association's financial reporting requirements, visit the Financial reporting requirements page on the Fair Trading website.

Minutes of meetings

The association must keep minutes of the proceedings of all committee meetings and general meetings.

The minutes should set out a clear, concise and accurate summary of the proceedings of the meeting. This includes details of persons attending the meeting, documents submitted to the meeting and any passed or failed resolutions. For additional information on matters that should be included in the minutes, visit the General meetings page on the Fair Trading website.

For more information on management committee meeting minutes, visit the Management committee meetings page on the Fair Trading website.

If any part of the minutes is in a language other than English, a copy of the minutes in the English language must also be kept with the minutes.

Authorised signatories

It is important that an association keeps accurate records of its authorised signatories. It is suggested that these records be kept with the register of committee members.

Note: The association's public officer is an authorised signatory of the association.

The particulars recorded should include:

• name of the authorised signatory

• position (e.g. public officer, committee member)

• date of appointment and the date appointment ceased

• reason appointment ceased (e.g. ceasing to be committee member, resignation, removal from position of public officer by general meeting)

• reference in minutes to track the relevant appointment or revocation.

For information on the role of authorised signatories, visit the Management committee page on the Fair Trading website.

Who is responsible for maintaining the association's records?

The committee is responsible for ensuring that the association keeps and maintains the required records. In some cases, the constitution of the association may set out particular responsibilities for keeping and maintaining the records of the association.

Committee members must deliver all documents in their possession that belong to the association to the public officer within 14 days after vacating office.

The public officer is responsible for:

• collecting all association documents from former committee members and delivering the documents to the new committee

• returning all association documents in his or her possession to a committee member within 14 days upon vacating office.

Who can inspect the association's records?

The register of committee members must be made available for inspection, free of charge, by any person.

The record of disclosure of interests must be kept with the register of committee members and must be available for inspection by any member of the association upon payment of a fee determined by the committee which must not exceed $5.

Inspection of other documents of the association is governed by the association's constitution.

How should financial records and minutes of meetings be kept?

Records and minutes must be kept in written or electronic form. If the records and minutes are kept in electronic form, they must be able to be converted into hard copy. If a person is entitled to inspect the records, a hard copy of the record must also be made available within a reasonable time.

How long do we have to keep the association's records?

Financial records are to be kept for a minimum of 5 years after they were made.

There are a number of other factors that may impact on the period for which an association may need to maintain its records. For example:

• the requirements of any other legislation that may apply to the association. For example, associations that have employees have to keep time and wages records for 7 years

• associations that have employees also need to comply with any statutory requirements for retaining records concerning work, health and safety or superannuation legislation

• documents that might relate to potential litigation should not be destroyed documents that might record any liability for capital gains tax should not be destroyed.

In addition, some documents should be retained indefinitely. For example:

• minutes of meetings are the official written record of the business transacted at a meeting and need to be retained indefinitely

• documents that provide title to assets such as title deeds or evidence relating to intellectual property should be retained indefinitely.

If the association is unsure how long it should keep particular records, it should seek its own legal advice.

Following COVID-19 pandemic, the member of the community came to a consensus on the following is a public online meeting.

Quran 9:18 Surah Tawbah ayat 18: The mosques of Allah should only be maintained by those who believe in Allah and the Last Day, establish prayer, pay alms-tax (Zaqat), and fear none but Allah. It is right to hope that they will be among the ˹truly˺ guided.

Prophet Muhammad Said, "Any man whom Allah has given the authority of ruling some people and he does not look after them in an honest manner, will never feel even the smell of Paradise." Sahih al-Bukhari 7150.

President: For the sake of smooth running and guiding the community, priority would be given to a member of the community to become a president who has sound knowledge and practice on his religion,  well connection to the Musallah and the community.

A president could be reelected but not more than twice in consecutive years, and not more than thrice in five consecutive years.

Public relation officer (PRO):
PRO should provide community updates to the community after the each meeting at least once in a three months.

Member: Any Muslim residing nearby areas  to Lismore Musallah, come to attend prayers regular basis and wants to get connected is eligible to be considered as a member of NCMA.

Allah ordained in the Holy Quran in Surah Surah Al-A'raf, Ayat 33(7:33) "Say, “My Lord has only forbidden open and secret indecencies, sinfulness, unjust aggression, associating ˹others˺ with Allah ˹in worship˺—a practice He has never authorized—and attributing to Allah what you do not know.”". Therefore, every Muslim should be polite and not behave any unjust aggression.

It is said in Surah al-Ma’un, ayat 1 (107:1) "Have you considered the person who denies the Judgement?" In Ayat 6 of Surah al-Ma’un (107:6) , it as said "Those who perform good deeds only to show off (Those who do good deeds only to be seen,)".  So, act of a Muslim should be to satisfy Allah, not to show off. 

It is evident from the hadith that any Muslim member of the community has the right to inquire about any community matter  (Sahih Muslim Book 1, Hadith Number 79.).  This is also applied to NCMA including, but not limited to, inquiring about the financial matters, community affairs and the committee members should answer the inquiries.

Imam

The most knowledgeable and practicing person deserves to be an Imam to lead the prayers. As long as there is no appointed and permanent Imam, the most knowledgeable and practicing person present at the Musallah at scheduled time of daily prayers, should lead and start the congregational prayer (jamat).  Any prayer should be started on just time. It will save the devotees from waiting long and let everyone come and finish at projected time.

For Jumya prayer,  it is highly expected to distribute the responsibilities to lead the Jumya prayers in turns. There is an active WhatsApp group to distribute the responsibilities to lead the Jumya prayers. For Jumya prayers, at the scheduled time (1:10 p/m.), the appointed Imam should start the Khutbah. In absence of the appointed Imam on time, the most knowledgeable and practicing person present there, should start the Khutbah (public sermon before Jumya prayer) and lead the prayer. It is a great deviation of etiquette to replace someone who started Khutbah on time, someone came later and replace him.

The content of the Khutbah should be focused, clear and contemporary, according to the sunnah.

NCMA will consider in future to appoint and permanent and qualified Imam in the long run.

Meeting: Meetings could be face to face at Musallah or if the Musallah is not available, in a committed place or online (for example, WhatsApp, Zoom or Teams).

It is obligatory that there should be at least an executive committee meeting held in three months.

Any decision including the financial matters should be get approved through the executive committee meetings.  

Manners: 

Some manners should be follow by every member of the community-

• All the meetings should be happened in accordance of the Sunnah

• While we are talking – whether in the midst of a story or an explanation – we would certainly dislike it if others were to interrupt us, so we should give others the same courtesy that we expect for ourselves.  

Community services

North Coast Muslim Association will support-

•  any funding application, community research and survey which are relevant to the community.

• honest recommendation to the members and their family members.

• Community programs like community get together, community lunch, community barbecue, farewell dua when community member moves somewhere else out of community

• Our volunteers with full driver's license informally helped hundreds of community members and supervised learner drivers to get confidence in driving and get a full driver's license. North Coast Muslim Association will encourage and support this.

• We encourage our members to reduce, minimize and eliminate the use of single use plastic utensils like cups, paper plates, spoon and forks whereas possible and encourage to use ceramic or reusable stuffs instead. Whereas possible, we also encourage not to use paper, North Coast Muslim Association has already moved to online means to keep meeting records and correspondence.

Salat (Prayer)

Allah ordained in the Holy Quran in Surah Surah Al-A'raf, Ayat 31 (7:31) "O Children of Adam! Dress properly whenever you are at worship. Eat and drink, but do not waste. Surely He does not like the wasteful". Therefore, everyone should come to the prayers with proper and well dressed. It was also said in ayat 26 "O children of Adam! We have provided for you clothing to cover your nakedness and as an adornment. However, the best clothing is righteousness. This is one of Allah’s bounties, so perhaps you will be mindful".

Prayer timing

The Juhar and Jumya prayer jamat time is always fixed at 1:30 for the ease of join for the community members.

The other prayer times are subjected to change with season. Fajar prayer jamat time is around 45 min before the sun rise and the Magrib prayer jamat time is around 5 min after the sun set. Please keep an eye on the for the prayer timing board at the Musallah for Asar and Isha prayer jamats.

It is an etiquette to start Jamat on time. At the time of jamat, whomever present at the Musallah (in case of only one is present)/ whomever most eligible present at the Musallah (in case of multiple persons are present) should start the jamat. The next person coming the the Musallah will join the Imam and follow the Musallah. As long as there is a jamat happening, the sunnah is to join it, not to start another jamat. Once someone starts jamat or Khutbah, it is against Sunnah to replace him.  

Community and executive meetings

Five year plan

Ten years plan

NCMA will keep a cubby house where kids can play.

NCMA will work to get national or international funds to spend for the community.

NCMA will focus to provide Justice of Peace (JP) service to serve people.
NCMA encourages to train its members on Fast Aid so that they can serve the community in need.
NCMA encourages its members to donate blood. It will develop a database of members willing to donate blood in emergencies. 

It is said in Surah al-Ma’un, ayat 1 (107:1) "Have you considered the person who denies the Judgement?" In Ayat 7of Surah al-Ma’un (107:7) , it as said "And refuse (to supply) (even) neighbourly needs (refuse to offer even small acts of kindness or assistance)".  

So, NCMA encourages everyone to share tool, experiences, provide assistance and guidance for the sake of Allah. Some example could be, but not limited to, sharing tools, car pooling, provide training. Over the last few years, members of NCMA helped hundreds of community members to get confidence in driving, provided informal training and guided to get a license. 

NCMA would truly would like to build and work to develop a community space where most of the necessary services and facilities would be available for everyone irrespective of faith or no like printing, photocopy, scanning, laminating, spiral and book binding, library services (reading, borrowing), gymnasium, community garden at the minimal expense.

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