NORTHERN TERRITORY OF AUSTRALIA
RULES OF THE NATIONAL TRUST OF AUSTRALIA (NORTHERN
TERRITORY) 2004
As in force at 10 November 2004
Table of provisions
1 Interpretation ................................................................................... 1
2 Classes of members ........................................................................ 1
3 Subscription of ordinary members ................................................... 1
4 Liability of members......................................................................... 2
5 Constitution of the Council ............................................................... 2
6 Vacancies on the Council ................................................................ 2
7 Code of Conduct.............................................................................. 3
8 Powers of Council............................................................................ 3
9 Chairman of Council ........................................................................ 3
10 Officers and servants....................................................................... 3
11 The Secretariat ................................................................................ 3
12 Committees and sub-committees .................................................... 4
13 General meetings ............................................................................ 4
14 Minutes ............................................................................................ 5
15 Mode of executing instruments and notices .................................... 5
16 Power to borrow .............................................................................. 5
17 Gifts ................................................................................................. 5
18 Investment retention and sale.......................................................... 6
19 Accounts and audit .......................................................................... 6
20 Branches ......................................................................................... 6
21 Branch name ................................................................................... 7
22 Branch Committees ......................................................................... 7
23 Vacancies in Branch Committees .................................................... 7
24 Powers of the Branch Committees .................................................. 7
25 Minutes ............................................................................................ 8
26 Accounts .......................................................................................... 8
27 Boundaries ...................................................................................... 8
28 General meetings of branches......................................................... 8
29 Executing instruments and notices .................................................. 8
30 Litigation .......................................................................................... 9
31 Winding up of Branches .................................................................. 9
33 Repeal and alteration of these Rules............................................... 9
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 11 October 2004
RULES OF THE NATIONAL TRUST OF AUSTRALIA (NORTHERN
TERRITORY) 2004
Rules under the National Trust of Australia (Northern Territory) Act 1976
1 Interpretation
In these Rules the Act means the National Trust of Australia
(Northern Territory) Act 1976. Any term defined in the Act is the
same unless determined to the contrary.
2 Classes of members
(1) The members of the National Trust shall be divided into:
(a) Household;
(b) Household Concession;
(c) Personal;
(d) Personal Concession;
(e) Life;
(f) Corporate.
Other membership categories and the amount to be subscribed in
each year by each member shall be the categories and the amount
specified from time to time by Resolution of the Council.
(2) A life member shall be a person who has rendered distinguished
and voluntary service to the National Trust and whose membership
has been first recommended to the Council and agreed to by
resolution of Council. Any member of the National Trust may
nominate a person to the Council for life membership. Not more
than 2 life memberships may be awarded in any financial year.
3 Subscription of ordinary members
Every ordinary member shall be liable for the amount of his
subscription and such subscription shall be payable within 30 days
Rules of the National Trust of Australia (Northern Territory) 2004 2
of it falling due. Where a member has remained unfinancial for
twelve months from the date of that membership falling due, that
member shall be removed from the current membership list.
4 Liability of members
No member of the National Trust shall be liable for or be required to
contribute towards the payment of the debts and liabilities of the
National Trust beyond the amount of the annual subscription.
5 Constitution of the Council
(1) The affairs of the National Trust shall be administered by a Council
to be called “The Council of the National Trust”, consisting of one
member from each branch, to be known as Branch Councillors, and
six other members who shall be known as General Councillors.
(2) There shall be an election for Branch Councillors and General
Councillors every two years, and Councillors shall hold office from
the date of declaration of the poll.
(3) Elections of Council shall be conducted in accordance with the
National Trust’s Election policy, as amended from time to time by
the Council.
(4) The Council of the National Trust shall elect annually one of their
number to be President of the Council, Vice-president, and any
other honorary office bearers as the Council determines necessary
from time to time. The election shall be notified as part of the
agenda to all Councillors entitled to be present. If an election has
been held for the full Council then the election of office bearers
shall take place at the first Council meeting to be held after the
declaration of the poll.
(5) The Council shall determine that there will be at least four meetings
in each calendar year. These meetings shall be called ordinary
meetings of the National Trust.
(6) At any meeting of Council, the quorum is half of the number of
Councillors entitled to be present plus one.
6 Vacancies on the Council
If any General Councillor dies or resigns, the Council may appoint
another member of the National Trust to serve in that position until
the next election. If a Branch Councillor dies or resigns the Branch
may appoint another member of the Branch to the position until the
next election. Any appointment to fill a vacancy will be accepted or
rejected by Council at its next meeting.
Rules of the National Trust of Australia (Northern Territory) 2004 3
7 Code of Conduct
Each elected member of Council is required to sign, as soon as
practical, the National Trust’s Code of Conduct and agrees to be
bound by its provisions.
8 Powers of Council
(1) The business of the National Trust shall be arranged and managed
by the Council who may exercise all such powers of the National
Trust including its power to borrow and give security.
(2) The Council shall have power to make such rules as to the
procedure of the Council and for the conduct of the business and
affairs of the National Trust and for the dispatch of business at
meetings as the Council may deem necessary provided that such
rules do not contravene any of the provisions of the Act.
9 Chairman of Council
The President shall be Chairman of the Council and when present
shall preside at its meetings. If the President is unable to attend at
a meeting of the Council the Vice-President shall preside at such
meetings. If the President and the Vice-President are unable to
attend at a meeting of the Council, the Council shall elect from
among those present a chairman to preside at such meetings.
10 Officers and servants
The Council may appoint such officers and servants as they may
from time to time think desirable and (subject to any applicable law,
award, or determination fixing rate of pay) fix their salaries and
wages and the conditions of service and determine their respective
duties and the tenure of their office.
11 The Secretariat
The day-to-day affairs of the National Trust shall be managed by a
Secretariat for and on behalf of the Council through a Director
appointed by Council.
The Director and such officers and members of staff appointed by
the Council throughout the Northern Territory will constitute the
Secretariat. Each staff member will be responsible to the Director
in the first instance.
The duties of the Secretariat will include but not be limited to the
maintenance of the financial records, the membership records, the
Register of Significant Places, control of intellectual property and
the conservation and management of the property portfolio owned
Rules of the National Trust of Australia (Northern Territory) 2004 4
and managed by the National Trust.
12 Committees and sub-committees
The Council may appoint any Committee for any specific purpose
and may add to any such committee for any such length of time and
with such powers of voting or otherwise as the Council may think fit,
any member of the National Trust or other person whose aid they
judge useful to forward the objects of the National Trust.
13 General meetings
(1) The Council may of its own volition whenever it thinks fit or upon a
request made in writing and signed by any 30 or more members,
convene a general meeting.
(2) A notice of every general meeting shall be placed in the appropriate
media no less than 14 days prior to the date of the meeting. The
agenda shall be given to the members at such time and in such
form and manner as the Council may from time to time prescribe.
(3) Any request made by the members shall express the object of the
meeting proposed to be called and shall be left with the Council via
the Director of the National Trust at least 21 days before the
proposed date of the meeting.
(4) Notice of any motion proposed to be made at a general meeting by
any person shall be sent to the Director of the National Trust 21
days before the general meeting (such notice shall be signed by the
proposer and 2 seconders being members of the National Trust)
and no motion made by any member shall be entertained by a
general meeting unless notice thereof has been given as aforesaid.
(5) Twelve members shall form a quorum for a general meeting.
(6) If within an hour from the time appointed for a meeting convened
upon the requisition of members a quorum be not present the
meeting shall be dissolved.
(7) All matters that come up for the decision of such meetings shall be
decided by a majority of votes of the members personally present
and voting by a show of hands.
(8) The President of the Council or in his or her absence, the Vice-
President, shall take the chair at a general meeting. If neither the
President nor the Vice-President be present, the meeting shall elect
a chairman who must be a member of the Council of the National
Trust.
Rules of the National Trust of Australia (Northern Territory) 2004 5
(9) Every member shall have one vote only with the exception of the
chairman who, in addition to a personal vote is entitled to a casting
vote.
14 Minutes
(1) The Council and every committee and sub-committee appointed as
aforesaid shall cause minutes to be made of all proceedings at
each of its meetings, and the Council shall, at all times, cause to be
kept minutes of the meetings of the National Trust.
(2) Any minutes made of proceedings at a meeting of the National
Trust, the Council or of any committee or sub-committee
respectively, if signed, either at the meeting at which such
proceedings took place, or at the next ensuing meeting by the
Chairman of that meeting shall be receivable as evidence of such
proceedings in all legal proceedings without further proof.
15 Mode of executing instruments and notices
(1) Any instrument which, if made by a private person, would be
required to be made under seal shall be under the seal of the
National Trust.
(2) Any agreement for the provision of grant monies to the National
Trust, any tenancy agreement or lease of a National Trust property
where the National Trust is the lessor which is for a term not
exceeding three years with a three year option, shall be deemed to
be duly executed, if sealed with the seal of the National Trust and
signed by the Director.
(3) Any contract, order, or other document made by or preceding from
the National Trust shall be deemed to be duly executed, if sealed
with the seal of the National Trust and signed by two members of
Council, in accordance with a resolution made by Council.
16 Power to borrow
For the purpose of carrying out any work or undertaking which it is
authorised by the Act to carry out the National Trust may borrow
money and give security for repayment thereof by a mortgage,
charge, or any other form of security over any property of the
National Trust.
17 Gifts
The National Trust may accept any gift (whether by will or while the
donor is alive) of any property, whether real or personal, of
whatsoever kind and wheresoever situate, and whether in
possession, reversion or remainder. This rule shall be subject to
Rules of the National Trust of Australia (Northern Territory) 2004 6
the National Trust’s “Bequests Policy” as amended from time to
time.
18 Investment retention and sale
(1) The National Trust may invest any money which has been received
by it under, or for the purposes of, the Act.
(2) The National Trust may (subject to the provisions of any trust,
instrument or to the conditions attached to any gift under which it
received or is entitled to any property) hold and retain in the same
state of investment so long as it thinks fit, any property of any kind
as an investment for the purpose of providing income to be applied
in defraying the expenditure of the National Trust under the Act.
(3) The National Trust may (subject to the provisions of any trust,
instrument, or to the conditions attached to any gift under which it
receives or is entitled to any property) sell any property belonging to
it. The money received on any such sale shall be applied for
objects of the National Trust or invested. If the money is invested
the income shall be applied to further the objects of the National
Trust.
19 Accounts and audit
(1) The National Trust shall keep proper accounts of all its income and
expenditure and shall prepare a statement of such income and
expenditure and a balance sheet at least once a year.
(2) The accounts of the National Trust shall be annually audited by a
member of the Institute of Chartered Accountants in Australia or a
Certified Practicing Accountant member of the Society of Certified
Practicing Accountants.
(3) The Council, every Branch Committee and every employee of the
National Trust shall give to its auditor any information which is
required for the purpose of the audit and shall produce all books,
accounts, vouchers and documents which are required for that
purpose.
20 Branches
The Council of the National Trust may constitute Branches of the
National Trust of Australia (Northern Territory) for the purpose of
local management and administration in suburban or country
districts. Branches are not separate entities. Branches shall be
operated in accordance with the National Trust’s “Branch
Management Policy “ as amended from time to time.
Rules of the National Trust of Australia (Northern Territory) 2004 7
21 Branch name
(1) The designation of a Branch shall be determined by the Council of
the National Trust.
(2) The name of every Branch shall be (insert the name) Branch of the
National Trust of Australia (Northern Territory). Short title The
(insert the name) Branch.
22 Branch Committees
(1) The affairs of a Branch and the business and management thereof
shall be administered, managed and conducted for the Council of
the National Trust by a Committee consisting of the Branch
Chairman and at least 2 other members.
(2) The Branch Chairman and committee shall be elected from among
the members at the first annual general meeting of the Branch and
the elected members shall retire at each annual general meeting of
the Branch.
23 Vacancies in Branch Committees
A vacancy on the committee may be filled by the appointment of
another member to serve until the next annual general meeting of
the Branch.
24 Powers of the Branch Committees
(1) The affairs of a Branch shall be administered by its Branch
Committee for the Council of the National Trust in accordance with
the Branch Management Policy as amended from time to time by
the Council of the National Trust.
(2) Each Branch Committee shall enforce such regulations as the
Council of the National Trust shall deem applicable to the properties
placed by the Council under the management of the Branch.
(3) A Branch Committee shall not have the power to acquire or accept
any gift of property being land or buildings as agent for the National
Trust but may make reports and recommendations to the Council of
the National Trust in regard thereto. The Branch Committee shall
have no power to borrow money or give security on any property of
the National Trust or to lease land or enter into any covenant in
regard thereto or to commit the National Trust for any expenditure
on the maintenance of any property. The Branch Committee shall
have no power to incur any liability nor to enter financial
arrangements with any Government body without the express
permission of the Council given through resolution of that Council.
Rules of the National Trust of Australia (Northern Territory) 2004 8
(4) The Branch Committee will advise the Director of any and all
matters relating to the management and maintenance of property
under Branch management.
25 Minutes
(1) The Branch Committee shall cause minutes to be taken of all
proceedings at each of its meetings.
(2) A copy of minutes of all meetings held by a Branch must be lodged
with the Director within a month of that meeting.
26 Accounts
(1) Every Branch of the National Trust shall keep proper accounts of all
its income and expenditure as determined by Council. These shall
be submitted to the Secretariat of the National Trust in time and
manner as required by Council from time to time.
(2) No Branch shall open or maintain separate bank accounts or
investment accounts.
(3) Every Branch will prepare and submit a budget to the Director by
31 st March each year. This submission to include a summary of the
previous financial year’s activities and a plan outlining activities for
the next financial year.
27 Boundaries
The Council of the National Trust shall approve the boundaries of
any Branch which the Council may alter from time to time.
28 General meetings of branches
Except where herein otherwise provided the Rules of the National
Trust of Australia (Northern Territory) regarding general meetings
shall apply to general meetings of each Branch.
29 Executing instruments and notices
(1) No member of any Branch Committee or member of any Branch
shall have the power to execute any documents on behalf of the
National Trust of Australia (Northern Territory) except as may be
required in his or her capacity as a Councillor.
(2) Any notice of meeting issued by or on behalf of any Branch of the
National Trust shall be deemed duly executed if signed by the
Branch Chairman or the Branch Secretary.
Rules of the National Trust of Australia (Northern Territory) 2004 9
(3) Every document or letter originating from a Branch shall be so
designated and if bearing the signature of an officer of the Branch
and his description, the description must be prefixed by the word
"Branch".
30 Litigation
No Branch Committee shall engage in any form of litigation except
with the express consent of the Council of the National Trust
approved by resolution of that Council and under the direction of
and in the name of the National Trust of Australia (Northern
Territory).
31 Winding up of Branches
(1) A Branch Committee may request that Council wind up its affairs.
(2) The Council of the National Trust may of its own volition decide,
after due consultation and consideration, to close down a particular
Branch of the National Trust if:
(a) at any ordinary meeting of a Branch no committee is elected,
(b) the Branch has deliberately contravened the Rules,
(c) the actions of a Branch have brought the National Trust into ill
repute.
(3) In the event of a Branch being dissolved all cash on hand and other
property whatsoever in the care of or under the control of the
Branch will revert to the care of the Council of the National Trust.
(4) The Council of the National Trust may put in place other
management structures to carry out its business where a Branch is
not fully constituted.
33 Repeal and alteration of these Rules
(1) The Council may repeal or amend any of these rules and may
make and pass any new rules with a view to the more efficient
management and conduct of the National Trust provided that no
rules shall be repealed, amended, or made, except with the
concurrence of two-thirds of the whole number of members of the
Council.
(2) Any change to the Rules of the National Trust shall be submitted to
the relevant Minister for ratification and gazetting for inclusion in the
published Act.
ENDNOTES
Rules of the National Trust of Australia (Northern Territory) 2004 10
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
Rules of the National Trust of Australia (Northern Territory) 2004 (SL No. 38, 2004)
Notified 10 November 2004
Commenced 10 November 2004
Section 1 - RULES OF THE NATIONAL TRUST OF AUSTRALIA (NORTHERN TERRITORY) 2004 - RULES OF THE NATIONAL TRUST OF AUSTRALIA (NORTHERN TERRITORY) 2004 | Zoe