THE NAME of the organisation shall be the Queensland Sangha Association Inc, QSA for brevity, hereafter referred to as ‘the association’.
1. THE AIMS AND OBJECTIVES
a) To serve as the representative organisation for the Sangha in Queensland, Australia.
b) To promote the interests of Sangha members and the Buddhist religion.
c) To liaise with local, State and Commonwealth governments on behalf of its members.
d) To liaise with the media on behalf of its members.
e) To assist in the resolution of disputes between members, if mutually invited, by arranging for independent mediation.
f) To act in every way to protect the good reputation of the Sangha and Buddhism amongst the community at large.
g) To serve as a forum for the discussion of matters of common interest to members.
h) To promote the interests and ideals of the Buddhist religion in Queensland.
i) To promote respect and harmony among different Buddhist traditions, and to preserve the legacy of the Sangha.
j) To be non-political, ethnically neutral and non-sexist in the determination of policy and in all activities.
k) To co-operate and work in unison with the Sangha associations in other states and territories and the Australian Sangha Association at the federal level.
(l) To establish and operate a public fund to receive donations from the public and for the disbursement of such receipts for the training of teachers in Buddhism to teach Buddhism under religious instruction in government schools in Queensland, according to law and subject to the special rules applicable to such fund.
2. POWERS
a) To acquire by purchase, lease, exchange or otherwise, land, buildings and hereditaments of any tenure or description situated in Australia and any estate therein and any rights over or connected with such lands, buildings and hereditaments and to construct at and/or maintain improvements thereon.
b) To purchase or otherwise acquire and to sell, exchange, surrender, lease, mortgage, charge or otherwise deal with and dispose of property both real and personal of whatsoever nature.
c) To borrow or raise or secure payments of moneys in such manner as thought fit and to secure same for the repayment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the incorporation in any way.
d) To draw, make, accept, endorse, discard, execute and issue promissory notes, bills of exchange and other negotiable or transferable instruments.
e) To enter into any arrangements with any government or authority, local or otherwise, as considered conducive to the aims and objectives of the incorporation, and to obtain from any such government or authority any such rights, privileges and concessions that are deemed desirable, and to obtain and to carry out, exercise and comply with any such arrangements, rights, and privileges and concessions.
f) To invest and deal with the money of the incorporation in such manner as from time to time may be thought fit.
g) To act for or as trustees and to do any act or thing in relation to any matter arising out of any trust and or funds that may be established for the benefit of the incorporation.
h) To accept the position of beneficiary of any trust and to receive any benefits arising from such position.
i) To enter into contracts with individuals or other legal entities for the promotion of aims and objectives, and do any thing incidental to such aims and objectives.
j) To appoint by contract, any person to any position with appropriate designations, to work for the incorporation for a salary, wage, commission or fee, or on a voluntary basis, and to delegate powers and responsibilities to such appointees, as necessary.
k) To do any other act as may be necessary or convenient, in order achieve any of the aims and objectives of the incorporation, or to achieve any thing incidental thereto or to facilitate the execution of any of the powers of the incorporation.
l) To function as an autonomous legal entity in all respects.
3. LIMITATION OF OBLIGATIONS
The association shall not be liable for the acts of its members or employees or contractors committed on their own accord, not expressly or impliedly authorised by the association.
4. GROUPS OF MEMBERS, GROUP LIMITATIONS AND CORRESPONDING QUALIFICATIONS
There shall be four groups of members A, B, C and D. There shall be no limits to the number of members in each group.
Qualifications to become and to continue to hold membership are as listed below:
GROUP (A):
a. Being a monk or nun in any tradition of Buddhism recognised by the association
b. Having a higher ordination acceptable to the association
c. Following a set of Buddhist precepts acceptable to the association
d. Celebacy being one of the precepts held
GROUP (B):
a. Being a monk or nun in any tradition of Buddhism recognised by the association
b. Having a novice or intermediate ordination acceptable to the association
c. Following a set of Buddhist precepts acceptable to the association
d. Celebacy being one of the precepts held
GROUP (C):
a. Being a religious person in any tradition of Buddhism recognised by the association
b. Recognition of the religious role within such tradition
c. Following a set of Buddhist precepts acceptable to the association not including celebacy
GROUP (D):
a. Being a lay person in any tradition of Buddhism recognised by the association
b. Being of good general conduct acceptable to the association
c. Following a set of Buddhist precepts acceptable to the association
5. VOTING RIGHTS AND OTHER OF MEMBERS
(1)Voting rights of members shall depend on the group to which they belong, and are as defined below:
GROUP (A):
Members in group (A) shall have all the rights assigned to members in general, and they can exercise such rights at meetings of members and in every other way.
GROUP (B):
Members in group (B) shall have such rights as are assigned to them by the association from time to time, provided that they shall not have voting rights at meetings of the Council of elders.
GROUP (C):
Members in group (C) shall have such rights as are assigned to them by the association from time to time, provided that they shall not have voting rights at general meetings of members or at meetings of the management committee or the council of elders.
GROUP (D):
Members in group (D) shall have such rights as are assigned to them by the association from time to time, provided that they shall not have voting rights at general meetings of members, at meetings of the management committee or of the council of elders.
(2) Other rights of members shall be as assigned by the association from time to time according to the constitution. Such rights shall be exercised in conformity with the tenets of Buddhism, in particular showing due respect to elders.
6. REGISTER OF MEMBERS
(1) A register of members of the association shall be kept, and it shall include the names, addresses, group of membership and contact particulars of members.
7. MEMBERSHIP REGISTRATION PROCESS
a) A nomination for membership of the association shall be made by a group (A) member in writing and shall be lodged with the Secretary.
b) As soon as practicable after receiving a nomination for membership, the Secretary shall refer the nomination to the Management Committee that shall determine whether to approve or reject the nomination.
c) Where the Management Committee approves a nomination for membership, the Secretary shall as soon as practicable after such approval, notify the nominee of that approval and enter the nominees name on the register of members.
d) Upon the name being so entered, the nominee becomes a member.
8. MEMBERS’ LIABILITIES
Members shall not be liable for contribution towards the debts and liabilities of the association, or the costs, charges and expenses of winding up the association.
9. DISCIPLINE OF MEMBERS
a) When members have conducted themselves in a manner likely to bring discredit to the good name of Buddhism, in the first instance, an attempt shall be made to resolve the matter by means of conciliation and conflict resolution processes, with particular reference to Buddhist traditions.
b) If the operation of section 9a does not help resolve the matter, the Management Committee may elect to call a Special General Meeting, in accordance with Section 14 below, with a view to cancelling the membership of such member if discerned to have conducted themselves in a manner likely to bring discredit to the good name of Buddhism.
c) In order for any decision to be taken, such a meeting must have a quorum as specified in Section 13d below and the decision shall be taken following a recommendation of a majority of the vote.
d) The aggrieved member or applicant shall be given reasonable facilities to present a case in defence of his or her position and appeal for further consideration, at such meeting. The decision of the meeting shall be final.
10. CESSATION OF MEMBERSHIP
A member shall cease to be a member if that member (1) dies (2) disrobes (3) resigns from membership or (4) is expelled from membership.
11. MEMBERSHIP FEES AND SUBSCRIPTIONS
There shall be no fees or subscriptions for membership.
12. MANAGEMENT COMMITTEE
a) There shall be a management committee which is solely responsible for the administration and management of the affairs of the association.
b) The Management Committee shall consist of four (4) office bearers and three (3) or more ordinary members of the committee, the exact number to be determined at the Annual General Meeting, or by the management committee at a subsequent meeting.
c) The office bearers shall be Chair, Vice Chair, Treasurer and Secretary.
d) The office bearers (meaning president, vice-president, secretary and treasurers) shall include not less than one and not more than two members from any of the three main traditions Mahayana, Theravāda, and Vajrayāna.
e) The Management Committee shall have at least three (3) monks and at least three (3) nuns.
f) The management committee (including the office bearers) shall have at least two members from each major tradition.
g) An office bearer may not hold the same position for more than two (2) consecutive terms.
h) The term of service of the management committee shall be the year from the date of one annual general meeting to the close of the next succeeding one.
i) Any casual vacancy occurring on the Management Committee may be filled by the Management Committee and the person so appointed to fill such a vacancy shall hold office for the expired term of the member so replaced.
j) Selection to office will be determined by the process described in Section 15 below.
k) No member on the Management Committee shall be appointed to any salaried office of the association, paid from the funds of the association.
l) No remuneration or other benefit in money or money’s worth shall be given by the association to any member on the Management Committee except for reimbursement of out-of-pocket expenses.
m) No member of the management committee shall at the same time be on the council of elders.
n) If a group of no less than four group (A) members of the association makes a serious accusation against a member of the Management Committee, that committee member must step aside from their position until the problem is resolved. The accusation should be investigated by a commission appointed by the Council of Elders. If the recommendations of the commission are not acceptable to both parties, the matter must be brought to a Special General Meeting of the association.
13. COUNCIL OF ELDERS
a) There shall be a Council of Elders consisting of five members who will provide guidance to the association and its members, particularly in regard to matters bearing on peace and harmony, the honour and integrity of the Sangha, and the good name of Buddhism.
b) Such guidance may be given in regard to the management and operations of the incorporation, in the formulation of goals and policy, and in any other matters as are delegated to it by the incorporation from time to time, in this context.
c) The council of elders shall make its own rules provided that due regard is paid to the decisions of members in general meeting, and the following matters of principle:
1) All three major traditions must be represented with no significant bias towards any one or two traditions.
2) Nuns should be adequately represented. In this connection, the dearth of nuns in Australia should be duly considered, in determining the minimum qualifications for entry.
3) When a member of the council leaves, is incapacitated, or dies, the council may elect another in replacement, when a replacement is considered necessary.
d) For day to day work, the council shall nominate at least three but not more than six members to operate as a working group suitably designated as necessary.
e) An arbitrary limit to the number of monks or nuns on the council must not be set, so that the number can float to suit needs and times.
f) No member of the council of elders shall at the same time be on the management committee.
g) No member of the council shall serve on the council for more than three years at a stretch.
h) Seniority by the number of annual rains retreats must be a consideration in selecting members of the council, so that the council retains its character and position as a genuine council of elders.
i) The council needs to recognise that the abuse of power in any section of the association is harmful, and should work towards its elimination.
j) If a group of no less than four group (A) members of the association makes a serious accusation against a member of the Management Committee, that committee member must step aside from their position until the problem is resolved. The accusation should be investigated by a commission appointed by the Council of Elders. If the recommendations of the commission are not acceptable to both parties, the matter must be brought to a Special General Meeting of the association.
14. PROCEEDINGS OF THE MANAGEMENT COMMITTEE
a) The Management Committee will meet together for the dispatch of business, adjourn and otherwise appoint and regulate its meetings as it sees fit. The Chair at any time, and the Secretary on the requisition of any two members of the Management Committee, may summon a meeting of the Management Committee.
b) The quorum shall consist of four (4) members of the Management Committee. If the number on the committee falls below four, then the law relating to associations shall apply. Committee members may participate through teleconferencing, videoconferencing, or other electronic means, and they shall be regarded as present at the meeting for all purposes, including making up the quorum.
c) Questions arising at any meeting of the Management Committee shall wherever possible be decided by consensus. In the event of genuine disagreement, questions shall be decided by a majority of votes of those present and a determination of the majority of members of the Management Committee shall for all purposes be a determination of the Management Committee. The dissenting views shall be recorded and minuted.
d) In the case of an equality of votes, the Chair is entitled to a second or casting vote.
15. SELECTION OF THE MANAGEMENT COMMITTEE
a) Office Bearers:
1) Any group (A) member of the incorporation shall be eligible for the offices of Chair, Vice Chair, Secretary, or Treasurer of the incorporation.
2) Office bearers shall be elected at an Annual General Meeting, unless otherwise provided for in this constitution.
3) Any member may nominate no more than one candidate for such office and provide proof of that candidate’s written or verbal assent to such nomination.
4) If more than one candidate is standing for election for Chair, Vice Chair, Secretary, or Treasurer, the person with the majority of votes of the members voting at the Annual General Meeting shall be deemed elected to that position.
5) If only one candidate is standing for election for Chair, Vice Chair, Secretary or Treasurer, they shall be deemed to be elected to that position.
b) Ordinary committee members:
1) After the election of the office bearers at the Annual General Meeting, three (3) or more members shall be nominated to contest the positions of ordinary members of the Management Committee.
2) Any group (A) or group (B) member of the incorporation shall be eligible to become an ordinary member of the Management Committee.
3) Any member may nominate no more than one candidate for the Management Committee and provide proof of that candidate’s written or verbal assent to such nomination.
4) If there are more candidates for election to the Management Committee than the number of vacant positions, the persons with the majority of votes of the members voting at the Annual General Meeting shall be deemed elected to that position.
5) If there is the same or lesser number of candidates standing for election to the Management Committee as the number of vacant positions, they shall be deemed to be elected to that position.
16. VACATION OF OFFICE
a) The office of a member of the Management Committee shall become vacant upon their ceasing to be a member of the association as in Section 10 (Cessation of Membership) above or upon their resignation of their office by notice in writing to the Management Committe
b) Vacancies shall be filled in accordance with Section 12(i) above.
17. POWERS AND DUTIES OF THE MANAGEMENT COMMITTEE
a) The Management Committee shall have the power to manage the association, according to the constitution.
b) The Management Committee shall in no way interfere in the administration or internal affairs of any Buddhist organisation, group or temple to which a member belongs.
c) The Management Committee shall cause minutes to be made inclusive of: i) All appointments of office bearers and ordinary members of the Management Committee ii) The names of all members present at Management Committee meetings as well as Annual and Special General Meetings. iii) The business conducted and resolutions made at such meetings.
d) Minutes of each meeting shall be confirmed at the next succeeding meeting and shall be signed by the Chair of such meeting immediately after such confirmation.
e) The Management Committee shall determine the need to employ staff. Any appointments shall be made according to State and Federal equal employment opportunity, affirmative action and industrial relations legislation.
f) The Management Committee shall establish sub-committees to administer such special business as may be decided from time to time. Each sub-committee shall report to the management committee as required by the latter.
g) The management committee may elect qualified persons as Friends of the incorporation, according to this constitution.
h) The committee shall make bye-laws as and when necessary and these bye-laws shall have the same effect as if they were part of the constitution.
i) The management committee shall meet at least once in every four months.
j) Any member of the association may inspect the minutes of committee meetings by arrangement with the secretary.
18. ANNUAL GENERAL MEETING
a) The Annual General Meeting shall be held within five (5) months of the end of the financial year as defined in this constitution, in particular in section 21(a).
b) Notice of such meeting, specifying the day, the hour, the place and the general nature of the business to be dealt with at the meeting shall be sent electronically or otherwise to each member in the reasonable expectation that it will reach them no later than thirty (30) days prior to the meeting.
c) A quorum at such a meeting shall consist of twice the number on the management committee, 14 members or 50% of the membership – whichever is less. Members may participate through teleconferencing, videoconferencing, or other electronic means, and they shall be regarded as present at the meeting for all purposes, including making up the quorum.
d) The Chair shall preside as Chairperson at every general meeting, but if the Chair is not present within fifteen (15) minutes after the appointed time for the commencement of the meeting, or are unwilling to act, then the Vice Chair shall preside as Chairperson. If the Vice Chair is absent or unwilling to act as the Chairperson, then the members present shall elect one of their numbers to be Chairperson of that meeting, a simple majority sufficing.
e) No item of business shall be transacted at a general meeting, if a member calls for a count of those present, and it is ascertained that a quorum of members is not present. The chair shall thereupon arrange to restore a quorum.
f) The order of business at the Annual General Meeting shall be: i) Confirmation of the minutes of the previous Annual General Meeting. ii) Presentation by the Chairperson of the business transacted by the Management Committee since the previous annual general meeting. iii) Presentation by the Treasurer of the audited accounts of the previous two financial years. iv) Election of members to the Management Committee. v) Any other business.
g) At any general meeting a resolution put to the vote of a meeting shall be decided by a show of hands unless a poll is demanded by the Chairperson or by at least three (3) members present. Unless a poll is so demanded, a declaration by the Chairperson shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour or against the resolution.
h) If a poll is duly demanded it shall be taken at once and the result of the poll shall be the resolution of the meeting in which the poll was demanded. In the case of an equality of votes, the Chairperson of the meeting is entitled to a second or casting vote.
i) Each group (A) or group (B) member present shall have one vote at such a poll. Members in other classes shall not have a vote. Absent members shall be entitled to vote by proxy, general or specific through a nominated member or through a designated position, or to vote by post.
j) The secretary shall cause minutes to be made of Annual General Meetings.
k) Minutes of each meeting shall be confirmed at the next succeeding meeting and shall be signed by the Chair of such meeting immediately after such confirmation.
l) Any member of the association may inspect the minutes of annual general meetings by arrangement with the secretary.
19. SPECIAL GENERAL MEETINGS
a) A Special General Meeting shall be convened whenever the Management Committee thinks it fit to do so, or on the requisition of not less than one quarter (1/4) of the members or twenty (20) members, whichever is less.
b) A requisition for a Special General Meeting shall state the objects of the meeting and must be signed by those who requisition the meeting, and deposited with the Secretary.
c) If the Management Committee do not proceed within twenty eight (28) days after receiving such a requisition, those who requisitioned or any of them may convene the meeting provided it is held not less than three (3) months from the date on which the requisition was deposited.
d) Notice of such meeting, specifying the day, the hour, the place and the specific nature of the business to be dealt with shall be sent electronically or otherwise to each member in the reasonable expectation that it will reach them no later than thirty (30) days prior to the meeting.
e) A Special General Meeting shall be conducted in the same manner as the Annual General Meeting
f) The secretary shall cause minutes to be made of special general meetings.
g) Minutes of each meeting shall be confirmed at the next succeeding meeting and shall be signed by the Chair of such meeting immediately after such confirmation.
h) Any member of the association may inspect the minutes of special general meetings by arrangement with the secretary.
20. MANAGEMENT OF FUNDS AND KEEPING OF ACCOUNTS
a) The funds of the association shall be derived from fees, donations, interest, benefits from trusts, testaments, deeds of grant, State and Commonwealth Grants and, subject to any resolution passed by the association in general meeting, such other sources as the Management Committee decides.
b) All moneys received shall be deposited intact at the earliest possible date to the credit of the appropriate bank account of the association. Receipts for moneys received shall be issued promptly.
c) Payments of $ 100 or more must be made by cheque or electronic funds transfer.
d) A negotiable instrument including a cheque issued by the association must be signed by any two of the following members:
(d.1) the president, (d.2) the secretary, (d.3) the treasurer, and (d.4) any of three other members of the association who have been authorised by the management committee to sign cheques and other negotiable instruments issued by the association. However, one of the persons signing must be the president, secretary or treasurer.
e) A petty cash float of a maximum amount determined by the Management Committee may be maintained by the Treasurer, or other appointed Management Committee member, to enable small purchases as needed.
21. FINANCIAL PERIOD AND THE DUTIES OF TREASURER
a) The financial period shall be one year beginning on 1 January in a year and ending on 31 December of that year.
b) It is the duty of the Treasurer to ensure that all money due is collected and all payments required are made, and that correct books are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association as well as assets and liabilities.
c) At the end of each financial year, the treasurer shall cause the final accounts to be cast, and copies distributed among members.
d) At the end of the financial year, the treasurer shall cause the accounts for the year to be audited, and the reports distributed among members.
e) The audit reports shall be tabled at the following annual general meeting.
22. AUDIT OF ACCOUNTS
a) The auditor or auditors shall be elected at the Annual General Meeting and they should be qualified according to law. They shall examine all accounts, vouchers, receipts, books etc., and furnish a report thereon to the members at the Annual General Meeting.
b) Audits shall be conducted at the end of every financial year.
c) Subject to the following clause, notice of intention to nominate an auditor to replace the current auditor shall be given in writing to the Secretary at least twenty-one (21) days before the Annual general Meeting. The Secretary shall give a copy of the nomination to the current auditor at least seven (7) days before the Annual General Meeting. The current auditor shall be entitled to attend the Annual General Meeting and, if they wish, address that meeting.
d) Where the current auditor submits their resignation or notifies the Secretary of their intention not to seek re-election as auditor, the above clause shall not apply.
e) The auditor shall not be a member or closely related to a member of the association and must be acceptable according to the law relating to associations.
23. MEMBERS NOT TO RECEIVE ANY PROFITS
The income and the property of the association whence so ever derived shall be applied solely towards the promotion of the aims and objectives of the association stated in this document, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit to the members of the association provided that nothing herein shall prevent the payment in good faith of remuneration to any officer or servant of the association, or to any member, in return for services actually rendered to the association or reasonable and proper rent for premises let by any member of the association.
24. DISSOLUTION AND SURPLUS PROPERTY
a) The members of the association may by special resolution decide to wind up the association. The dissolution process must comply with the provisions of the Act, and in particular the provisions of Part (10) of the Act.
b) If upon the winding up or dissolution of the association there remains, after the satisfaction of its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among members, but shall be transferred to a charitable organisation or organisations having objectives similar to those of the association, as per clause 29 (8).
25. AMENDMENT, ALTERNATION AND INTERPRETATION OF RULES
a) Subject to the Associations Incorporation Act 1981, these rules may be amended, repealed or added to, by special resolution carried at a general meeting.
b) However, an amendment, repeal or addition is valid only if it is registered by the chief executive of the Department administering the Act.
c) A special resolution for the amendment, repeal or adding to the rules, must be passed by no less than three quarters (3/4) of group (A) and group (B) members present and entitled to vote at any special general meeting, summoned for that purpose, at which not less than thirty (30) days written notice of the proposed amendments shall have been given.
d) The management committee shall have the power to interpret and validate any provision of the constitution provided it is done fairly and according to law.
e) For the purposes of this constitution, ‘monk’ means any bhikkhu/bhiksu, samanera/sramanera, or any other celibate male Buddhist monastic ordained in a recognized tradition. ‘Nun’ means any bhikkhuni/bhiksuni, samaneri/sramaneri, sikkhamana/siksamana, or any other celibate female Buddhist monastic ordained in a recognized tradition. ‘Sangha’ means all recognized celibate ordained monks and nuns.
26. COMMON SEAL
a) The common seal of the association shall be kept in the custody of the Secretary.
b) The common seal shall not be affixed to any instrument except by the authority of the Management Committee and the affixing of the common seal shall be attested by the signatures of any two office bearers of the Management Committee.
27. CUSTODY AND INSPECTION OF BOOKS
a) The Secretary shall keep in their custody or under their control all records, books and other documents relating to the association.
b) The records, books and other documents of the association shall be open for inspection, free of charge, be any member of the association at any reasonable hour.
28. ESTABLISHMENT OF BUDDHIST TEACHERS TRAINING FUND
(1) A public fund to receive donations from the public shall be established. This fund may be referred to as the ‘Fund’ in this constitution and in other documents.
(2) The name of this fund shall be “Buddhist Teachers Training Fund”.
(3) A separate committee shall be appointed to manage this fund. This committee may be referred to as the ‘Fund Committee’ in this constitution and in other documents.
(4) The first members of the fund committee shall be appointed by members of the incorporation in general meeting. Thereafter that committee itself shall have power to appoint new members.
(5) The rules of the fund shall be as approved by members of the incorporation in general meeting. These are inserted as section 29 in this constitution. Thereafter the fund committee itself may develop the rules subject to approval by members according to the constitution.
(6) The sole purpose of the Fund shall be to collect donations and to disburse the monies for the training of teachers in Buddhism to teach Buddhism under religious instruction in government schools in Queensland.
(7) The fund shall be established in Australia and operated in Australia. The purpose of the fund and the beneficiaries of the fund shall always be in Australia.
(8) The Fund is subject to the provisions of the Associations Incorporation Act 1981 and the resolutions of the management committee of the association.
29. SPECIAL RULES FOR THE BUDDHIST TEACHERS TRAINING FUND
(1) The objects of the fund shall be—
(a) To train teachers in Buddhism under religious instruction in government schools, and render assistance to the government and government schools in teaching Buddhist studies as part of the religious instruction program in such schools, according to law.
(b) To promote the training of such teachers.
(c) To source, develop and procure resources for the training of such teachers.
(d) To receive and to disburse donations whether as money or as materials for the promotion of these objects.
(e) To do all such things as are necessary or conducive to the realization of these objects.
(2) The fund committee must ensure that the public is always invited to make donations to the fund.
(3) The name of the fund “Buddhist Teachers Training Fund” shall appear in all official receipts and other documents related to the fund.
(4) All gifts and deductible contributions of money or of property for the purpose of the fund shall be made to the fund, and not to any other part of the incorporation.
(5) Any money received by the incorporation because of such gifts or deductible contributions is credited to the fund.
(6) The fund shall not receive any other money or property.
(7) The fund shall be used only for the purpose of the fund.
(8) In case the fund is wound up and it is left with surplus assets, then the surplus assets must not be distributed among the members of the association or members of the fund committee. Such surplus assets must be given to another entity having the whole of it or any particular funds maintained by it, endorsed by the Australian Taxation department as a public deductible gift fund to the benefit of such fund or funds. The same rule shall apply if the endorsement of the fund as a deductible gift recipient is revoked by the Australian Taxation Office (ATO). In this rule the term surplus assets is to be understood as per section 92(3) of the Income Tax Act.
(9) The fund shall have a separate bank account under its own name.
(10) The fund shall have a separate register of property.
(11) The fund shall maintain its own accounting system as distinct from that of the rest of the association, so that its financial position is clearly and separately seen at all times.
In particular the following items shall be recorded separately under the name of the fund:
(a) All gifts and contributions
(b) Transfers from the fund, whether as payments, disbursements or for use by the fund
(c) Investment returns on money or property that might have been transferred out.
(d) Property donated to or acquired by the fund
(12) All monies received as donations to the fund shall be deposited in the bank account of the fund.
(13) All payments from the fund shall be by cheque and shall be made only towards the realization of the objects of the fund.
(14) All assets of the fund other than money shall be accounted for by the fund and shall be applied only towards the realization of objects.
(15) The assets and income of the fund shall be applied solely in furtherance of the above mentioned objects of the fund and no portion shall be distributed directly or indirectly to the members of the association or members of the fund committee except as bona fide compensation for services rendered or expenses incurred on behalf of the fund.
(16) The majority of members of the fund committee shall be responsible persons, meaning that they have a degree of responsibility to the community as a whole as outlined in TR 95/27 of the Australian Tax department ATO).
In particular because of their tenure of some public or other position or activity in the community, they may be expected to have a high degree of responsibility to the public in exercising their duties. A person who-
(a) Performs a significant public function
(b) Is a member of a professional body having a code of ethics or rules of conduct
(c) Is officially charged with spiritual functions by a religious institution
(d) Is a director of a company whose shares are listed on the Australian Stock Exchange
(e) Has received a formal recognition from government for services to the community or
(f) Is approved as a responsible person by the Australian Taxation Office
is likely to be classified as a responsible person as per this section.
(17) The ATO shall be notified whenever these rules are changed.
30. PROFITS OR ASSETS NOT TO BE DISTRIBUTED AMONG MEMBERS
The assets and income of the association shall be applied solely in furtherance of the objects of the association as mentioned in section (3) of the constitution 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 fund.
CERTIFICATION
I certify that this is a true copy of the constitution of the Queensland Sangha Association Inc.
Authorised Officer: (signature)
Name:
Designation:
Date: