STATEMENT OF PURPOSES of SKATE AUSTRALIA INCORPORATED (Registration No. 4630)
1. NAME OF ASSOCIATION
The name of the association is SKATE AUSTRALIA INCORPORATED ("Association").
2. OBJECTS OF ASSOCIATION
The Association is the peak body for the administration of skating activities in Australia. The objects for which the Association is established and maintained are to:
(a) create a single uniform entity through and by which Skating Activities can be conducted, promoted and administered in Australia;
(b) provide for the encouragement, conduct, promotion, control and administration of skating activities throughout Australia;
(c) affiliate and otherwise liaise with such other bodies as may be desirable, in the pursuit of these objects;
(d) encourage, conduct, promote, advance and control skating activities, in any form;
(e) control, manage and conduct skating competitions
(f) conduct or commission research and development for improvements in skating.
(g) use and protect the Intellectual Property;
(h) promote the importance of skating standards, techniques, awards and education to bodies involved in or related to skating activities;
(i) strive for and maintain government, commercial and public recognition of the Association as the authority on skating activities in Australia;
(j) promulgate, and secure uniformity in, such rules and standards as may be necessary for the management and control of skating activities, skating competitions and related activities, including but not limited to playing rules and coaching standards;
(k) pursue through itself or others such commercial arrangements, including sponsorship and marketing opportunities, as are appropriate to further the objects of the Association;
(l) maintain and extend the operations and activities of the Association throughout Australia;
(m) further develop the Association and all skating activities into an organised institution and having regard to these objects, to foster, regulate, organise, control, conduct and manage tournaments, competitions, displays and other activities and to issue certificates and award trophies;
(n) ensure that environmental considerations are taken into account in all skating and related activities conducted by the Association;
(o) promote the health and safety of Members;
(p) act as final arbiter on all matters pertaining to the conduct of skating activities in Australia, including disciplinary matters;
(q) establish and conduct educational programs for coaches, officials and participants in the implementation and interpretation of skating playing rules and standards;
(r) formulate and implement appropriate policies, including policies in relation to equal opportunity, equity, drugs in sport, health, safety, junior and senior programs, infectious diseases and such other matters as arise from time to time as issues to be addressed in skating;
(s) represent the interests of its Members and of skating generally in any appropriate forum;
(t) have regard to the public interest in its operations;
(u) encourage Members to realise their potential and athletic abilities;
(v) encourage and promote performance-enhancing drug free competition;
(w) give, and where appropriate, seek recognition for Members to obtain awards or public recognition in fields of endeavour other than skating activities;
(x) seek and obtain improved facilities for the enjoyment of skating activities; and
(y) undertake and or do all such things or activities which are necessary, incidental or conducive to the advancement of these objects.
3. POWERS OF THE ASSOCIATION
Solely for furthering the objects set out above, and in addition to the rights, powers and privileges provided under the Act, the Association has power to:
(a) purchase, take on lease or in exchange or otherwise acquire any real or personal estate which may be deemed necessary or convenient for any of the objects of the Association and to sell, manage, lease, mortgage, give in exchange, dispose of or otherwise deal with any part of the rights or property of the Association, whether subject to any charges or encumbrances or not and to erect, replace, maintain, reconstruct, adapt and furnish any offices or other buildings thereon and to sell, let, alienate, mortgage, charge or deal with all or any such lands, tenements or hereditaments or any part of them;
(b) construct, maintain and alter any houses, buildings, grounds, courses, conveniences or works necessary or convenient for the purposes of, or which seem likely to advance, the Association;
(c) borrow funds as it may think fit, including on bonds or mortgage or other security of any property held for or on behalf of the Association or without any such security;
(d) take, or otherwise acquire and hold shares, debentures or other securities of any company or body corporate;
(e) take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price of any part of the Association's property sold, or any money due to the Association from any purchasers or others;
(f) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable and transferable instruments;
(g) receive money on deposit with or without allowance of interest thereon;
(h) invest and deal with any monies of the Association, not immediately required for the objects of the Association, in such manner as may from time to time be determined by the Board;
(i) do all or any of the matters authorised either alone or in conjunction with any person, company or unincorporated body or by or through any factors, trustees or agents;
(j) take any gift of property whether subject to any special trust or not for any one or more of the objects of the Association, provided the Association shall only deal with any such trusts in such manner as is allowed by law;
(k) lend and advance money to, give credit to, or otherwise assist, any person or body corporate, including to guarantee or indemnify any person's or body corporate's performance;
(l) take such steps by personal or written appeals, public meetings or otherwise as may from time to time be deemed expedient for the purposes of procuring contributions to the funds of the Association in the form of donations, annual subscriptions or otherwise;
(m) subscribe to, become a member of or co-operate with any other organisation whether incorporated or not whose objects are similar, in whole or in part, to those of the Association, so long as that other organisation prohibits the distribution of its income and property amongst its members at least to the extent provided under the Association's Statement of Purposes and Rules;
(n) print and publish any newspapers, periodicals, books or leaflets and develop and implement any computer system or software package that the Association may think desirable for the promotion of its objects;
(o) appoint, hire, employ, remove, replace or reinstate secretaries, managers, servants, employees and other persons in and for the carrying out of the objects of the Association and to pay them in return for services rendered to the Association, salaries, wages and gratuities, as appropriate;
(p) buy, sell and deal in all kinds of articles, commodities and provisions both liquid and solid for Members or other persons frequenting the premises or facilities of or under the control of the Association;
(q) subscribe to any charities and to grant donations for any public purpose;
(r) produce, develop, create, licence and otherwise exploit, use and protect the Association’s Intellectual Property;
(s) establish and maintain corporate entities to carry on and conduct the business affairs and undertakings, or any aspect thereof, of the Association and for that purpose, to utilise any of the assets of or held on behalf of the Association;
(t) promote any other person or company for any purpose calculated to benefit the Association;
(u) amalgamate with any one or more incorporated associations having objects altogether or in part similar to those of the Association and which prohibits the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Association under its Statement of Purposes and Rules;
(v) purchase or otherwise acquire and undertake all or any part of the property, assets and liabilities of any one or more of the companies, institutions, societies or associations whose activities or purposes are similar to those of the Association, or with which the Association is authorised to amalgamate or generally for any purpose calculated to benefit the Association;
(w) transfer all or any part of the property, assets, liabilities and engagements of the Association to any one or more of the incorporated associations with which the Association is authorised to amalgamate;
(x) enter into arrangements with any government or authority that are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association, and to obtain rights, privileges and concessions from such government or authority and carry out, exercise and comply with any such rights, privileges and concessions;
(y) take and effect insurance or seek, obtain and in its discretion act on, any professional advice necessary or appropriate; and
(z) do all such acts and things as are incidental, conducive or subsidiary to all or any of the objects of the Association.
4. APPLICATION OF INCOME
(a) The income and property of the Association shall be applied solely towards the promotion of the objects of the Association as set out in this Statement of Purposes.
a) Except as prescribed in this Statement of Purposes:
(i) no portion of the income or property of the Association shall be paid or transferred, directly or indirectly by way of dividend, bonus or otherwise to any Member; and
(ii) no remuneration or other benefit in money or money's worth shall be paid or given by the Association to any Member who holds any office bearing position of the Association (whether on the Board, special committee or otherwise).
(c) Nothing contained in clauses 4(a) or (b) shall prevent payment in good faith of or to any Member for:
(i) any services actually rendered to the Association whether as an employee or otherwise;
(ii) goods supplied to the Association in the ordinary and usual course of operation;
(iii) interest on money borrowed from any Member;
(iv) rent for premises demised or let by any Member to the Association;
(v) any out-of-pocket expenses incurred by the Member on behalf of the Association;
(vi) or any other reason;
provided that any such payment shall not exceed the amount ordinarily payable between ordinary commercial parties dealing at arm's length in a similar transaction.
5. LIABILITY OF MEMBERS
The liability of the Members of the Association is limited.
6. MEMBERS' CONTRIBUTIONS
Every Member of the Association undertakes to contribute to the assets of the Association in the event of it being wound up while a Member, or within 1 year after ceasing to be a Member for payment of the debts and liabilities of the Association contracted before the time at which he, she or it ceases to be a Member, and the costs, charges and expenses of winding up and for an adjustment of the rights of contributors among themselves, such amount as may be required not exceeding $1.00.
7. DISTRIBUTION OF PROPERTY ON WINDING UP
If upon winding up or dissolution of the Association there remains after satisfaction of all its debts and liabilities any assets or property, the same shall not be paid to or distributed amongst the Members of the Association but shall be given or transferred to some body or bodies having purposes similar to the purposes of the Association and which prohibits the distribution of its or their income and property among its or their Members to an extent at least as great as is imposed on the Association by this Statement of Purposes and which is also not carried on for profit and which is similarly exempt from income tax. Such body or bodies to be determined by the Members of the Association at or before the time of dissolution, and in default thereof by such Judge/Magistrate of a Supreme Court as may have or acquire jurisdiction in the matter.
8. FINANCIAL STATEMENTS
True financial statements shall be kept of the sum of money received and expended by the Association and the manner in respect of which such receipt and expenditure takes place and of the property, assets and liabilities of the Association. Once at least in every year the accounts of the Association shall be examined by one (1) or more properly qualified auditor or auditors who shall report to the Members in accordance with generally accepted accounting principles and/or practices and/or the provisions of the Act.
9. INTERPRETATION CLAUSE
The specification of the objects of the Association in clause 2 and the powers set out in clause 3 of this Statement of Purposes, are not in any particular order and are not to be construed so as to lead to the construction that any object or power is more important than any other object or power nor than any object or power which is specified in detail is more important than any object or power which has not been specified in detail, and no particular object or power will be limited by reference to any other and the rule of construction known as the ejusdem generis* rule shall not apply.
* The rule that where particular words are followed by general words, the general words are limited to the same kind as the particular words.
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