NORTHERN TERRITORY OF AUSTRALIA
BUSHFIRES MANAGEMENT (VOLUNTEER BUSHFIRE BRIGADES)
REGULATIONS 2006
As in force at 1 February 2023
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
Part 2 Incorporation of brigade and alteration of
constitution
3 Incorporation of brigade ................................................................... 1
4 Alteration of constitution .................................................................. 2
Part 2A Reallocation of firefighting assets
4A Compliance with direction of executive director ............................... 2
Part 3 Relationship with fire control officers and
fire wardens
5 Compliance...................................................................................... 2
6 Reports to fire control officer............................................................ 2
Part 4 Repeal and transitional matters
7 Repeal ............................................................................................. 3
8 Incorporated brigades ...................................................................... 3
Schedule Volunteer Bushfire Brigade Constitution
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 February 2023
BUSHFIRES MANAGEMENT (VOLUNTEER BUSHFIRE BRIGADES)
REGULATIONS 2006
Regulations under the Bushfires Management Act 2016
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Bushfires Management
(Volunteer Bushfire Brigades) Regulations 2006.
2 Definitions
In these Regulations:
area of operation of a brigade, means the area, specified in a
notice under section 54(1) of the Act, in respect of which the
brigade is to conduct its operations.
brigade means a volunteer bushfire brigade established under
section 54(1) of the Act.
first captain of a brigade, means the person appointed under
section 54(1) of the Act to be the first captain of the brigade.
Part 2 Incorporation of brigade and alteration of
constitution
3 Incorporation of brigade
(1) As soon as practicable after a brigade is established, the first
captain must:
(a) complete clauses 1 and 2 of the form of the constitution in the
Schedule; and
(b) under section 8 of the Associations Act 2003, apply for the
incorporation of the brigade.
Part 3 Relationship with fire control officers and fire wardens
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 2
(2) The application must include a copy of the Gazette notice under
section 54(1)of the Act establishing the brigade.
4 Alteration of constitution
(1) Clauses 1 and 2 of the constitution of a brigade may only be altered
by a notice under section 54(1) of the Act.
(2) The remainder of the constitution of a brigade may only be altered
by amendment of the Schedule to these Regulations.
Part 2A Reallocation of firefighting assets
4A Compliance with direction of executive director
The captain of a brigade must comply with a direction given by the
executive director under section 14(4) of the Act to transfer
Government funded firefighting assets held by the brigade to
another brigade.
Part 3 Relationship with fire control officers and fire
wardens
5 Compliance
(1) A member of a brigade must comply with a direction given by a fire
control officer or fire warden for the prevention or suppression of
fire or the mitigation of a fire hazard.
(2) A member of a brigade must comply with, and maintain, the Chief
Fire Control Officer's Fire Action Plan as in force from time to time.
6 Reports to fire control officer
(1) A brigade must give a fire control officer for a fire management
zone a report on all fires attended by the brigade in the zone.
(2) The report must include the following:
(a) the date, location and, if known, the cause of the fire;
(b) a description or estimate of the damage caused;
(c) the names of members or other persons deployed to control
the fire;
(d) a description of vehicles and equipment deployed to control
the fire;
Part 4 Repeal and transitional matters
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 3
(e) the name of any casualties and a description of each injury
sustained;
(f) any other details required by the fire control officer.
Part 4 Repeal and transitional matters
7 Repeal
The Volunteer Bushfire Brigades Regulations 1988 are repealed.
8 Incorporated brigades
(1) Subregulation (2) applies to a brigade that was incorporated under
the Associations Act 2003 immediately before the commencement
of these Regulations.
(2) Within one month after the commencement, the public officer of the
brigade must file a notice of the alteration to the constitution under
section 23 of the Associations Act 2003.
Note for subregulation (2)
This requirement is subject to any exemption granted by the Director under
section 5 of the Associations Act 2003.
Schedule Volunteer Bushfire Brigade Constitution
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 4
Schedule Volunteer Bushfire Brigade Constitution
regulation 3
Part 1 Preliminary matters
1 Name
The name of the brigade is:
[name of brigade]
2 Area of operation
The area in respect of which the Brigade is to conduct its
operations is the following area:
[description/map of area]
3 Objects
(1) The Brigade has the following primary objects:
(a) to provide a fire prevention and firefighting service to the
community within its area of operation;
(b) to assist and cooperate with:
(i) all other brigades within the fire management zone and
neighbouring fire management zones; and
(ii) the Northern Territory Fire and Rescue Service and its
volunteer fire brigades.
(2) The Brigade has the following further objects:
(a) to provide a fire advisory service to the community within its
field of operation;
(b) to encourage and foster public awareness of dangers relating
to bushfires;
(c) to advise the Bushfires Council, through the regional bushfires
committee for the fire management zone, on all matters
relating to the management of the Brigade;
(d) to undertake non-fire related activities designed to benefit the
community within its field of operation.
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(3) In this clause:
fire management zone means the fire management zone within
which the Brigade's area of operation is entirely located or mostly
located.
4 Definitions
In this Constitution, unless the contrary intention appears:
Committee means the Management Committee of the Brigade.
financial institution means an ADI.
general meeting means a general meeting of members convened
in accordance with clause 44.
member means a member of the Brigade.
Minister means the minister administering the Bushfires Act 2016.
register of members means the register of the Brigade's members
established and maintained under section 34 of the Associations
Act 2003.
special resolution means a resolution notice of which is given
under clause 48 and passed in accordance with section 37 of the
Associations Act 2003.
Part 2 Powers and Constitution of Brigade
5 Powers of Brigade
(1) For achieving its objects, the Brigade has the powers conferred by
sections 11 and 13 of the Associations Act 2003.
(2) Subject to the Associations Act 2003, the Brigade may do all things
necessary or convenient for carrying out its objects or purposes,
and in particular, may do the following:
(a) acquire, hold and dispose of real or personal property;
(b) open and operate accounts with financial institutions;
(c) invest its money in any security in which trust monies may
lawfully be invested;
(d) raise and borrow money on the terms and in the manner it
considers appropriate;
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(e) secure the repayment of money raised or borrowed, or the
payment of a debt or liability;
(f) appoint agents to transact business on its behalf;
(g) enter into any other contract it considers necessary or
desirable;
(h) construct, maintain or alter any building or carry out other
work;
(i) receive any gift donated, whether by way of a trust or not;
(j) make gifts, subscriptions or donations to any of the funds,
authorities or institutions to which deductible gifts can be
made under Subdivision 30-B of the Income Tax Assessment
Act 1997 (Cth);
(k) print and publish any newspaper, periodical, book, leaflet or
other document;
(l) help establish or support any other volunteer bushfire brigade.
(3) Without limiting subclause (2), the Brigade may:
(a) enter into agreements with landholders, including the Territory
and public authorities, to maintain a fire protection service;
and
(b) enter into agreements with outside contractors to carry out
works for the Brigade; and
(c) establish and support, or help establish and support, any
association, institution, fund, trust or scheme for the benefit of
current or past members of the Brigade or their dependants,
and to grant pensions, allowances or other benefits to such
persons, and to obtain insurance in relation to any of those
purposes.
6 Effect of Constitution
This Constitution binds every member and the Brigade to the same
extent as if every member and the Brigade had signed and sealed
this Constitution and agreed to be bound by it.
7 Inconsistency between Constitution and Associations
Act 2003
If there is any inconsistency between this Constitution and the
Associations Act 2003, that Act prevails.
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8 Alteration of Constitution
(1) This Constitution may not be altered except as provided in this
clause.
(2) Clauses 1 and 2 may be altered by a notice under section 54(1) of
the Bushfires Management Act 2016.
(3) The remainder of the constitution may be altered by amendment of
the Bushfires Management (Volunteer Bushfire Brigades)
Regulations 2006.
Part 3 Members
Division 1 Membership
9 Application for membership
(1) A person who has attained the age of 16 years may apply to
become a member of the Brigade.
(2) To apply, a person must:
(a) submit a written application for membership to the Committee:
(i) in a form approved by the Committee; and
(ii) signed by the person and both of the members referred
to in paragraph (b); and
(b) be proposed by one member and seconded by another
member.
10 Approval of Committee
(1) The Committee must consider any application made under clause 9
at the next committee meeting and must accept or reject the
application at that meeting or the next.
(2) If an application is accepted, the applicant must be informed in
writing that the Committee has accepted the application.
(3) If an application is rejected, the applicant may appeal against the
decision by giving notice to the Secretary within 14 days after being
advised of the rejection.
(4) If an applicant gives notice of an appeal against the rejection the
application, the Committee must reconsider the application at the
next committee meeting after receipt of the notice of appeal.
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(5) If after reconsidering an application the Committee reaffirms its
decision to reject the application, the decision is final.
11 Joining fee
(1) The joining fee is the amount (if any) determined from time to time
by resolution at a general meeting.
(2) If an application for membership is approved by the Committee, the
applicant becomes a member on payment of the joining fee.
12 Annual membership fees
(1) The annual membership fee is the amount (if any) determined from
time to time by resolution at a general meeting.
(2) Each member must pay the annual membership fee to the
Treasurer by the first day of each financial year or another date
determined by the Committee from time to time.
Division 2 Rights of members
13 General
(1) Subject to clause 14(2), a member may exercise the rights of
membership when his or her name is entered in the register of
members.
(2) A right of membership of the Brigade:
(a) is not capable of being transferred or transmitted to another
person; and
(b) terminates on the cessation of membership whether by death,
resignation or otherwise.
14 Voting
(1) Each member has one vote at general meetings of the Brigade.
(2) However, a member is not eligible to vote until 10 working days
after his or her application has been accepted.
15 Notice of meetings and special resolutions
The Secretary must give all members notice of general meetings
and special resolutions in the manner and time prescribed by this
Constitution.
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16 Access to information on Brigade
The following must be available for inspection by members:
(a) a copy of this Constitution;
(b) minutes of general meetings;
(c) annual reports and annual financial reports.
17 Raising grievances and complaints
(1) A member may raise a grievance or complaint about a committee
member, the Committee or another member of the Brigade.
(2) The grievance or complaint must be dealt with by the procedures
set out in Part 8.
Division 3 Termination, death, suspension and expulsion
18 Termination of membership
(1) Membership of the Brigade may be terminated by:
(a) a notice of resignation addressed and posted to the Brigade or
given personally to the Secretary or another committee
member; or
(b) expulsion in accordance with this Division.
(2) Membership of the Brigade lapses if the member fails to pay the
annual membership fee within 3 months after the due date unless
the Committee determines otherwise.
(3) However, if no annual membership fee is payable, a person's
membership of the Brigade lapses if the person has not submitted a
new membership application before the date determined by the
Committee from time to time.
19 Death of member or whereabouts unknown
If a member dies or the whereabouts of a member are unknown,
the Committee must cancel the member's membership.
20 Suspension or expulsion of members
(1) If the Committee considers a member should be suspended or
expelled because the member's conduct is detrimental to the
interests of the Brigade, the Committee must give notice of the
proposed suspension or expulsion to the member.
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(2) The notice must:
(a) be in writing and include:
(i) the time, date and place of the committee meeting at
which the question of that suspension or expulsion will
be decided; and
(ii) the particulars of the conduct; and
(b) be given to the member at least 30 days before the date of the
committee meeting referred to in paragraph (a)(i).
(3) At the meeting, the Committee must give the member a reasonable
opportunity to be heard or make representations in writing.
(4) The Committee may suspend or expel or decline to suspend or
expel the member from the Brigade.
(5) The Committee must give written notice of the decision and the
reason for it to the member.
(6) Subject to clause 21, the decision to suspend or expel a member
takes effect 14 days after the day on which notice of the decision is
given to the member.
21 Appeals against suspension or expulsion
(1) A member who is suspended or expelled under clause 20 may
appeal against that suspension or expulsion by giving notice to the
Secretary within 14 days after receipt of the Committee's decision.
(2) The appeal must be considered at a general meeting of the Brigade
and the member must be given a reasonable opportunity to be
heard at the meeting or make representations in writing prior to the
meeting for circulation at the meeting.
(3) The members present at the general meeting must, by resolution,
either confirm or set aside the decision of the Committee to
suspend or expel the member.
(4) The member is not suspended or does not cease to be a member
until the decision of the Committee to suspend or expel is confirmed
by a resolution of the members.
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Part 4 Management Committee
Division 1 General
22 Role and powers
(1) The business of the Brigade must be managed by or under the
direction of a Management Committee.
(2) The Committee may exercise all the powers of the Brigade except
those matters that the Associations Act or this Constitution requires
the Brigade to determine through a general meeting of members.
(3) The Committee may appoint and remove staff.
(4) The Committee may establish one or more subcommittees
consisting of the members of the Brigade the Committee considers
appropriate.
23 Composition of Committee
The Management Committee consists of the following committee
members:
(a) the Captain;
(b) the Deputy Captain;
(c) the Secretary;
(d) the Treasurer;
(e) the public officer;
(f) 4 other office holders or such greater number of office holders
as is specified in a special resolution passed at a general
meeting.
24 Delegation
(1) The Committee may delegate to a subcommittee or staff any of its
powers and functions other than:
(a) this power of delegation; or
(b) a duty imposed on the Committee by the Associations
Act 2003 or any other law.
(2) The delegation must be in writing and may be subject to the
conditions and limitations the Committee considers appropriate.
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(3) The Committee may, in writing, revoke wholly or in part the
delegation.
Division 2 Election of committee members
25 Application of Division
This Division does not apply to the first captain of the Brigade.
26 Appointment of committee members
(1) A committee member must be a member who is 18 years or over.
(2) A committee member must be elected to the Committee at an
annual general meeting or appointed under clause 33.
27 Nominations for election to committee
(1) A member is not eligible for election to the Committee unless the
Secretary receives a written nomination for that member by another
member at least 7 days before the date of the next annual general
meeting.
(2) The nomination must be signed by:
(a) the nominator and a seconder; and
(b) the nominee to signify the nominee's willingness to stand for
election.
(3) A person who is eligible for election or re-election under this clause
may:
(a) propose or second himself or herself for election or re-
election; and
(b) vote for himself or herself.
28 Retirement of committee members
(1) A committee member holds office until the next annual general
meeting unless the member vacates the office under clause 31 or is
removed under clause 32.
(2) Subject to subclause (3), at an annual general meeting the office of
each committee member becomes vacant and elections for a new
Committee must be held.
(3) Members may serve consecutive terms on the Committee.
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29 Election by default
(1) If the number of persons nominated for election to the Committee
under clause 27 does not exceed the number of vacancies to be
filled, the person presiding at the annual general meeting must
declare the persons to be duly elected as members of the
Committee.
(2) If vacancies remain on the Committee after the declaration under
subclause (1), additional nominations of committee members may
be accepted from the floor of the annual general meeting.
(3) If the nominations from the floor do not exceed the number of
remaining vacancies, the person presiding must declare those
persons to be duly elected as members of the Committee.
(4) If the nominations from the floor are less than the number of
remaining vacancies, the unfilled vacancies are taken to be casual
vacancies and must be filled by the new Committee in accordance
with clause 33.
30 Election by ballot
(1) If the number of nominations exceeds the number of vacancies on
the Committee, ballots for those positions must be conducted.
(2) The ballot must be conducted in a manner determined from time to
time by resolution at a general meeting.
(3) The members chosen by ballot must be declared by the person
presiding at the annual general meeting to be duly elected as
members of the Committee.
31 Vacating office
The office of a committee member becomes vacant if:
(a) the member:
(i) is disqualified from being a committee member under
section 30 or 40 of the Associations Act 2003; or
(ii) resigns by giving written notice to the Committee; or
(iii) dies or is rendered permanently incapable of performing
the duties of office by mental or physical ill-health; or
(iv) no longer resides in the Territory; or
(v) ceases to be a member of the Brigade; or
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(b) the member is absent from more than:
(i) 3 consecutive committee meetings; or
(ii) 3 committee meetings in the same financial year without
tendering an apology to the Captain,
of which meetings the member received notice and the
Committee has resolved to declare the office vacant.
32 Removal of committee member
(1) The Brigade, through a special general meeting of members, may
remove any committee member before the member's term of office
ends.
(2) If a vacancy arises through removal under subclause (1), an
election must be held to fill the vacancy.
33 Filling casual vacancy on Committee
(1) If a vacancy remains on the Committee after the application of
clause 29 or if the office of a committee member becomes vacant
under clause 31, the Committee may appoint any member of the
Brigade to fill that vacancy.
(2) However, if the office of public officer becomes vacant, a person
must be appointed under section 27(6) of the Associations Act 2003
to fill the vacancy.
(3) If no other member is available to be appointed to a vacancy on the
Committee, a member of the Committee, other than the Captain or
public officer, may be appointed to fill the vacancy.
Division 3 Duties of committee members
34 Collective responsibility of Committee
(1) As soon as practicable after being elected to the Committee, each
committee member must become familiar with the Associations
Act 2003 and the Bushfires Management Act 2016 and regulations
made under the Acts.
(2) The Committee is collectively responsible for ensuring the Brigade
complies with the Associations Act 2003 and the Bushfires
Management Act 2016 and regulations made under the Acts.
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36 Secretary
The Secretary must:
(a) coordinate the correspondence of the Brigade; and
(b) ensure minutes of all proceedings of general meetings and of
committee meetings are kept in accordance with section 38 of
the Associations Act 2003; and
(c) maintain the register of members in accordance with
section 34 of the Associations Act 2003; and
(d) unless the members resolve otherwise at a general meeting –
have custody of all books, documents, records and registers
of the Brigade, other than those required by clause 37(5) to be
in the custody of the Treasurer; and
(e) perform any other duties imposed by this Constitution on the
Secretary.
37 Treasurer
(1) The Treasurer must:
(a) receive all moneys paid to, or received by, the Brigade and
issue receipts for those moneys in the name of the Brigade;
and
(b) pay all moneys received into the account of the Brigade within
5 working days after receipt; and
(c) make any payments authorised by the Committee or by a
general meeting of the Brigade from the Brigade's funds; and
(d) ensure cheques are issued in accordance with clause 54(3).
(2) The Treasurer must ensure the accounting records of the Brigade
are kept in accordance with section 41 of the Associations
Act 2003.
(3) The Treasurer must coordinate the preparation of the Brigade's
annual statement of accounts.
(4) At each committee meeting the Treasurer must submit a report,
balance sheet or financial statement in a form approved by the
Committee.
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(5) The Treasurer has custody of all securities, books and documents
of a financial nature and accounting records of the Brigade unless
the members resolve otherwise at a general meeting.
(6) The Treasurer must perform any other duties imposed by this
Constitution on the Treasurer.
38 Public officer
(1) The public officer must ensure documents are filed with the Director
in accordance with sections 23, 28 and 45 of the Associations Act
2003.
Note for subclause (1)
This requirement is subject to any exemption granted by the Director under
section 5 of the Associations Act 2003.
(2) The public officer must keep a current copy of the Constitution of
the Brigade.
(3) The public officer must perform any other duties imposed by this
Constitution on the public officer.
Part 5 Meetings of management Committee
39 Frequency and calling of meetings
(1) The Committee must meet together for the conduct of business at
least 4 times in each financial year.
(2) The Captain, or at least half the committee members, may at any
time convene a special meeting of the Committee.
(3) A special committee meeting may be convened to deal with an
appeal under clause 21.
39A Presiding at committee meeting
(1) The Captain is entitled to preside at committee meetings.
(2) Subclause (3) applies to a committee meeting if:
(a) the Captain is absent from the meeting; or
(b) the Captain is present at the meeting but wishes another
person to preside at that meeting.
(3) The members present at the meeting must elect one of their
number to preside at that meeting.
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40 Voting and decision making
(1) Each committee member present at a committee meeting has a
deliberative vote.
(2) A question arising at the meeting must be decided by a majority of
votes.
(3) If there is no majority, the person presiding at the meeting has a
casting vote in addition to a deliberative vote.
41 Quorum
For a committee meeting, one-half plus one of the committee
members constitutes a quorum.
42 Procedure and order of business
(1) The procedure to be followed at a committee meeting must be
determined from time to time by the Committee.
(2) Unless otherwise determined by the Committee, the order of
business at ordinary committee meetings must be as follows:
(a) apologies;
(b) reading and confirmation of minutes;
(c) inward and outward correspondence;
(d) passing accounts;
(e) consideration of written reports;
(f) proposals of candidates for election;
(g) consideration of applications for membership;
(h) motions of which proper notice has been given;
(i) general business.
(3) A motion must be moved and seconded before being discussed
and decided by a vote.
(4) Only the business for which the meeting is convened may be
considered at a special committee meeting.
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43 Disclosure of interest
(1) A committee member who has a direct or indirect pecuniary interest
in a contract, or proposed contract, with the Brigade must disclose
the nature and extent of the interest to the Committee in
accordance with section 31 of the Associations Act 2003.
(2) The Secretary must record the disclosure in the minutes of the
meeting.
(3) The Committee must ensure a committee member who has a direct
or indirect pecuniary interest in a contract, or proposed contract,
complies with section 32 of the Associations Act 2003.
Part 6 General meetings
44 Convening general meetings
(1) The Brigade must hold its first annual general meeting within
18 months after its incorporation.
(2) The Brigade must hold all subsequent annual general meetings
within 5 months after the end of the Brigade's financial year.
(3) The Committee:
(a) may at any time convene a special general meeting; and
(b) must, within 30 days after the Secretary receives a notice
under clause 21(1), convene a special general meeting to deal
with the appeal to which the notice relates; and
(c) must, within 30 days after it receives a request under
clause 46(1), convene a special general meeting for the
purpose specified in that request.
44A Appointment of person to preside at general meeting
The Committee must, at least 7 days before a general meeting,
appoint a person to preside at that meeting.
45 Appointment of person to conduct election at annual general
meeting
(1) At least 7 days before an annual general meeting, the Committee
must appoint a person to conduct the election of committee
members for the meeting.
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(2) The person must:
(a) not be a member of the Brigade; and
(b) be a public sector employee.
46 Special general meetings
(1) Half the number of members constituting a quorum for a general
meeting may make a written request to the Committee for a special
general meeting.
(2) The request must:
(a) state the purpose of the special general meeting; and
(b) be signed by the members making the request.
(3) If the Committee fails to convene a special general meeting within
the time allowed:
(a) for clause 44(3)(b) – the appeal against the decision of the
Committee is upheld; and
(b) for clause 44(3)(c) – the members who made the request may
convene a special general meeting as if they were the
Committee.
(4) If a special general meeting is convened under subclause (3)(b),
the Brigade must meet any reasonable expenses of convening and
holding the special general meeting.
(5) The Secretary must give to all members at least 21 days notice of a
special general meeting.
(6) The notice must specify:
(a) when and where the meeting is to be held; and
(b) the particulars of and the order in which business is to be
transacted.
47 Annual general meeting
(1) The Secretary must give to all members at least 30 days notice of
an annual general meeting.
(2) The notice must specify:
(a) when and where the meeting is to be held; and
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(b) the particulars of and the order in which business is to be
transacted.
(3) The order of business for each annual general meeting is as
follows:
(a) the consideration of the accounts and reports of the
Committee;
(b) the election of new committee members;
(c) any other business requiring consideration by the Brigade at
the meeting.
48 Special resolutions
(1) A special resolution may be moved at any general meeting of the
Brigade.
(2) The Secretary must give all members at least 21 days notice of the
meeting at which a special resolution is to be proposed.
(3) The notice must include the resolution to be proposed and the
intention to propose the resolution as a special resolution.
49 Notice of meetings
(1) The Secretary must give a notice under this Part by:
(a) serving it on a member personally; or
(b) sending it by post to a member at the address of the member
appearing in the register of members.
(2) If a notice is sent by post under subclause (1)(b), sending of the
notice is taken to have been properly effected if the notice is
addressed and posted to the member by ordinary prepaid mail.
50 Quorum at general meetings
At a general meeting, 6 members, of whom 3 must be committee
members, constitute a quorum.
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Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 21
51 Lack of quorum
(1) If within 30 minutes after the time specified in the notice for the
holding of a general meeting a quorum is not present:
(a) for an annual general meeting or special general meeting
convened under clause 44(3)(a) – the meeting stands
adjourned to the same time on the same day in the following
week and to the same place; or
(b) for a meeting convened under clause 44(3)(b) – the members
who are present may proceed with hearing the appeal for
which the meeting is convened; or
(c) for a meeting convened under clause 44(3)(c) – the meeting
lapses.
(2) If within 30 minutes after the time appointed by subclause (1)(a) for
the resumption of an adjourned general meeting a quorum is not
present, the members who are present may proceed with the
business of that general meeting as if a quorum were present.
(3) The person presiding may, with the consent of a general meeting at
which a quorum is present, and must, if directed by the members at
the meeting, adjourn that general meeting from time to time and
from place to place.
(4) There must not be transacted at an adjourned general meeting any
business other than business left unfinished or on the agenda at the
time when the general meeting was adjourned.
(5) If a general meeting is adjourned for a period of 30 days or more,
the Secretary must give notice of the adjourned general meeting as
if that general meeting were a fresh general meeting.
52 Voting
(1) Subject to clause 14(2), each member present at a general meeting
is entitled to a deliberative vote.
(2) At a general meeting:
(a) an ordinary resolution put to the vote is decided by a majority
of votes; and
(b) a special resolution put to the vote is passed if three-quarters
of the members who are present vote in favour of the
resolution.
Schedule Volunteer Bushfire Brigade Constitution
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 22
(3) A poll may be demanded by the person presiding at a general
meeting or by 3 or more members.
(4) If demanded, a poll must be taken immediately and in the manner
the person presiding directs.
Part 7 Financial management
53 Financial year
The financial year of the Brigade is the period of 12 months ending
on 30 September.
54 Funds and accounts
(1) The Brigade must open an account with a financial institution from
which all expenditure of the Brigade is made and into which all of
the Brigade's revenue is deposited.
(2) Subject to any restrictions imposed by the Brigade at a general
meeting, the Committee may approve expenditure on behalf of the
Brigade within the limits of the budget.
(3) All cheques, drafts, bills of exchange, promissory notes and other
negotiable instruments must be signed by 2 committee members at
least one of whom must be the Treasurer or the public officer.
(4) All funds of the Brigade must be deposited into the financial
account of the Brigade no later than 5 working days after receipt or
as soon as practicable after that day.
(5) With the approval of the Committee, the Treasurer may maintain a
cash float provided that all money paid from or paid into the float is
accurately recorded at the time of the transaction.
55 Accounts and audits
The responsibility of the Committee under clause 34(2) for ensuring
compliance with the Associations Act 2003 includes meeting the
requirements of Part 5 of the Associations Act 2003 and regulations
made for that Part relating to:
(a) the keeping of accounting records; and
(b) the preparation and presentation of the Brigade's annual
statement of accounts; and
(c) the auditing of the Brigade's accounts.
Schedule Volunteer Bushfire Brigade Constitution
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 23
Part 8 Grievance and disputes
56 Grievance and disputes procedures
(1) This clause applies to disputes between:
(a) a member and another member; or
(b) a member and the Committee.
(2) Within 14 days after the dispute comes to the attention of the
parties to the dispute, they must meet and discuss the matter in
dispute, and, if possible, resolve the dispute.
(3) If the parties are unable to resolve the dispute at the meeting, or if a
party fails to attend that meeting, then the parties must, within
10 days after the meeting, hold another meeting in the presence of
a mediator.
(4) The mediator must be:
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement:
(i) for a dispute between a member and another member –
a person appointed by the Committee; or
(ii) for a dispute between a member and the Committee – a
person who is a mediator appointed or employed by the
department administering the Associations Act 2003.
(5) A member of the Brigade can be a mediator.
(6) The mediator cannot be a party to the dispute.
(7) The parties to the dispute must, in good faith, attempt to settle the
dispute by mediation.
(8) The mediator, in conducting the mediation, must:
(a) give the parties to the mediation process every opportunity to
be heard; and
(b) allow due consideration by all parties of any written statement
submitted by any party; and
(c) ensure natural justice is accorded to the parties to the dispute
throughout the mediation process.
(9) The mediator must not determine the dispute.
Schedule Volunteer Bushfire Brigade Constitution
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 24
(10) If the mediation process does not result in the dispute being
resolved, the parties may seek to resolve the dispute in accordance
with the Associations Act 2003 or otherwise at law.
Part 9 Miscellaneous matters
57 Common seal
(1) The common seal of the Brigade must not be used without the
express authority of the Committee and every use of that common
seal must be recorded by the Secretary.
(2) The affixing of the common seal of the Brigade must be witnessed
by the public officer and one other member of the committee
appointed by the Committee for that purpose.
(3) The common seal of the Brigade must be kept in the custody of the
public officer.
58 Distribution of surplus assets on winding up
(1) The public officer must not apply to the Director for dissolution of
the Brigade under section 65(2) of the Associations Act 2003
without the approval of the Minister.
(2) If on the winding up or dissolution of the Brigade, and after
satisfaction of all its debts and liabilities, there remains any assets,
the assets:
(a) vest in the Territory; and
(b) must not be distributed to the members or former members.
Part 10 Transitional matters
59 Management of Brigade prior to election of Committee
From the issue of a certificate of incorporation to the Brigade under
section 9 of the Associations Act 2003 until a Committee has been
elected pursuant to Part 4, Division 2 of this Constitution, the
Committee comprises:
(a) the first captain of the brigade; and
(b) the other persons who were officers of the Brigade
immediately prior to incorporation.
ENDNOTES
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 25
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Bushfires (Volunteer Bushfire Brigades) Regulations (SL No. 10, 2006)
Notified 26 April 2006
Commenced 26 April 2006
Bushfires (Volunteer Bushfire Brigades) Amendment Regulations 2006 (SL No. 37,
2006)
Notified 8 November 2006
Commenced 8 November 2006
Bushfires Management Act 2016 (Act No. 14, 2016)
Assent date 7 June 2016
Commenced 1 November 2016 (Gaz S111, 27 October 2016, p 1)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)
Assent date 31 October 2022
Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,
21 December 2022, p 1)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 7 and 8 and sch.
ENDNOTES
Bushfires Management (Volunteer Bushfire Brigades) Regulations 2006 26
4 LIST OF AMENDMENTS
r 1 amd Act No. 14, 2016, s 113
r 2 amd Act No. 14, 2016, s 114
r 3 amd Act No. 14, 2016, s 115
r 4 amd Act No. 14, 2016, s 116
pt 2A hdg ins Act No. 14, 2016, s 117
r 4A ins Act No. 14, 2016, s 117
r 6 amd Act No. 14, 2016, s 118
r 8 amd Act No. 21, 2022, s 50
sch amd No. 37, 2006, r 3; Act No. 14, 2016, s 119; Act No. 4, 2017, s 34; Act
No. 21, 2022, s 50