Association Rules

Satyananda Yoga Teachers’ Association Incorporated Constitution

Purpose: This constitution sets out the legal framework for SYTA’s operations and is registered with the NSW Department of Fair Trading. SYTA's Constitution was last changed by Special Resolution at SYTA’s 2017 AGM.

Part 1 Preliminary
1 Definitions
(1) In this constitution:
committee refers to the management committee
ordinary committee member means a member of the committee who is not an office-bearer of the association.
secretary means:
(a) the person holding office under this constitution as secretary of the association, or
(b) if no person holds that office - the role will be shared by other members of the committee.
special general meeting means a general meeting of the association other than an annual general meeting.
the Act means the Associations Incorporation Act 2009.
the Regulation means the Associations Incorporation Regulation 2016.
the name of the organisation is Satyananda Yoga Teachers Association Incorporated.
Satyananda Yoga Teachers Association Incorporated will be known as SYTA throughout this constitution.

(2) In this constitution:
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

(3) The provisions of the Interpretation Act 1987 apply to and in respect of this constitution in the same manner as those provisions would so apply if this constitution were an instrument made under the Act.

Part 2 Membership

2 Membership generally
(1) A person is eligible to be a member of the association if:
(a) the person is a natural person, and
(b) the person has applied and been approved for membership of the association in accordance with clause 3.

(2) A person is taken to be a member of the association if:
(a) the person is a natural person, and
(b) was admitted as an inaugural member of SYTA at the Inaugural Meeting held on 17th August 1996, or
(c) the person has been approved for membership of the association by the committee of the association.
(d) The admission of a person, defined above, as an inaugural member of SYTA, or the admission of a person as a member of SYTA, does not qualify nor infer qualification of that person as a yoga teacher of any type.
(e) The admission of a person as a member of SYTA will be subject to the prospective member satisfying the committee that they have met the requirements established by the committee for membership.
(f) The committee may, from time to time, determine different categories of membership and the details of such categories shall be published by the committee on the Association’s website.
(g) The person was one of the individuals on whose behalf an application for registration of the association under section 6 (1) of the Act was made.

3 Application for membership
(1) An application by a person for membership of the association:
(a) must be made in writing (including by email or other electronic means, if the committee so determines) in the form determined by the committee, and
(b) must be lodged (including by electronic means, if the committee so determines) with the secretary or other person nominated by the committee of the association.
(c) must include a declaration by the prospective member that they have read, understood and will support and abide by the aims and policies of SYTA as published on the SYTA website. Also, that they will support and abide by the SYTA Code of Ethics, SYTA Code of Practice and any other such codes relevant to their membership category.

(2) As soon as practicable after receiving an application for membership, along with supporting documentation and applicable payments, the secretary or person appointed by the committee must refer the application to the committee, which is to determine whether to approve or to reject the application.

(3) As soon as practicable after the committee makes that determination, the secretary or person appointed by the committee must:
(a) notify the applicant in writing (including by email or other electronic means, if the committee so determines) whether their membership application is deemed complete as per SYTA membership requirements.
(b) enter, or cause to be entered, the applicants name in the register of members, and, on the name being so entered, the applicant becomes a member of the association.
(c) in the event that an application for membership is rejected, the membership application fee collected from the applicant will be refunded in full.

4 Cessation of membership
A person ceases to be a member of the association if the person:
(a) dies, or
(b) resigns or unsubscribes membership, or
(c) is expelled from the association, or
(d) fails to pay the annual membership fee under clause 8 (2) by 1st July each year, or
(e) no longer meets the requirements of membership as per clause 3.

5 Membership entitlements not transferable
A right, privilege or obligation which a person has by reason of being a member of the association:
(a) is not capable of being transferred or transmitted to another person, and
(b) terminates on cessation of the person’s membership as per clause 4.

6 Resignation of membership
(1) A member of the association, who has paid all amounts payable by the member to the association in respect of the member’s membership, may resign or unsubscribe from membership of the association at any time.

(2) If a member of the association ceases to be a member under subclause (1), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the membership year in which the member ceased to be a member.

7 Register of members
(1) The secretary must establish and maintain a register of members of the association (whether in written or electronic form) specifying the name and postal, residential or email address of each person who is a member of the association, together with the date on which the person became a member.

(2) The register of members must be kept in New South Wales:
(a) at the main premises of the association, or
(b) if the association has no premises, accessible by a committee member electronically.

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

(4) A member of the association may apply to the secretary in writing to obtain a copy of any part of the register by providing their reasons and purpose for requesting access to the member register.

(5) If a member requests that any information contained on the register about the member not be available for inspection, that information must not be made available for inspection.

(6) A committee member or any member of the association must not use information about a person obtained from the register to contact or send material to the person, other than for:
(a) the purposes of sending the person a SYTA newsletter, a notice in respect of a meeting or other event relating to the association or other material relating to the association, or
(b) any other purpose necessary to comply with a requirement of the Act or the Regulation.

(7) If the register of members is kept in electronic form:
(a) it must be convertible into hard copy, and
(b) the requirements in subclauses (2) and (3) apply as if a reference to the register of members is a reference to a current hard copy of the register of members.

(8) In the event a member requests access to the member register for reasons or purposes that are deemed by the committee to be detrimental to the interests of the association, the committee may refuse any such request as per clause 45.

8 Fees and subscriptions
(1) A member of the association must, on admission to membership, pay to the association a joining fee of $1 or, if some other amount is determined by the committee, that other amount.

(2) In addition to any amount payable by the member under subclause (1), a member of the association must pay to the association an annual membership fee of $2 or, if some other amount is determined by the committee, that other amount:

(3) A membership year is aligned with the SYTA financial year, from 1st July to 30th June.

(4) The SYTA committee has the ability to make available special membership offers from time to time.

(5) If a member does not renew their membership and it ceases as per clause 4, then a re-joining fee may become applicable, as determined by the committee.

9 Members’ liabilities
The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by clause 8.

10 Resolution of disputes
Should any dispute arise between members or between any member or members (in their capacity as members) and the association, relative to membership, or alleged breach of this constitution, which cannot be satisfactorily settled by other proceedings within the association, the dispute shall be settled with the help of a professional mediation or conciliation body appointed by the committee.

11 Disciplining of members
(1) A complaint may be made to the committee by any person that a member of the association:
(a) has refused or neglected to comply with a provision or provisions of this constitution, or
(b) has wilfully acted in a manner prejudicial to the interests of the association.

(2) The committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.

(3) If the committee decides to deal with the complaint, the committee:
(a) must cause notice of the complaint to be served on the member concerned, and
(b) must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint, and
(c) must take into consideration any submissions made by the member in connection with the complaint.

(4) The committee may, by resolution, expel the member from the association or suspend the member from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved and the expulsion or suspension is warranted in the circumstances.

(5) If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member’s right of appeal under clause 12.

(6) The expulsion or suspension does not take effect:
(a) until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
(b) if within that period the member exercises the right of appeal, unless and until the association confirms the resolution under clause 12,
whichever is the later.

12 Right of appeal of disciplined member
(1) A member may appeal to the association in a general meeting against a resolution of the committee under clause 11, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.

(2) The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.

(3) On receipt of a notice from a member under subclause (1), the secretary must notify the committee, which is to convene a general meeting of the association to be held within 28 days after the date on which the secretary received the notice.

(4) At a general meeting of the association convened under subclause (3):
(a) no business other than the question of the appeal is to be transacted, and
(b) the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
(c) the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

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

Part 3 The committee
13 Powers of the committee
Subject to the Act, the Regulation, this constitution and any resolution passed by the association in general meeting, the committee:
(a) is to control and manage the affairs of the association, and
(b) may exercise all the functions that may be exercised by the association, other than those functions that are required by this constitution to be exercised by a general meeting of members of the association, and
(c) has power to perform all the acts and do all things that appear to the committee to be necessary or desirable for the proper management of the affairs of the association.
(d) has the power to enter into agreements with other organisations and individuals in order to further the objects of the association. This includes sub-licencing agreements.
(e) has the power to update SYTA policies and membership categories and criteria as required.
(f) has the power to appoint an Ethics Committee comprised of upto three members of SYTA, which shall function as a sub-committee.

14 Composition and membership of committee
(1) The committee is to consist of:
(a) the office-bearers of the association, and
(b) up to 3 ordinary committee members,
each of whom is to be elected at the annual general meeting of the association under clause 15.

(2) The total number of committee members is to be no more than 7

(3) The office-bearers of the association are as follows:
(a) the president,
(b) the vice-president,
(c) the treasurer,
(d) the secretary.

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

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

(6) Each member of the committee is, subject to this constitution, to hold office until immediately before the election of committee members at the annual general meeting next following the date of the member’s election, and is eligible for re-election.

(7) A Public Officer shall be appointed by the committee on the day of the annual general meeting after the election of committee members and shall retain the position of Public Office until the following annual general meeting.

15 Election of committee members
(1) Nominations of candidates for election as office-bearers of the association or as ordinary committee members:
(a) must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and
(b) must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

(2) If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.

(3) If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.

(4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.

(5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.

(6) The ballot for the election of office-bearers and ordinary committee members of the committee is to be conducted at the annual general meeting in any usual and proper manner that the committee directs.

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

16 Secretary
(1) The secretary of the association must, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address.

(2) It is the duty of the secretary to keep minutes (whether in written or electronic form) of:
(a) all appointments of office-bearers and members of the committee, and
(b) the names of members of the committee present at a committee meeting or a general meeting, and
(c) all proceedings at committee meetings and general meetings.

(3) Minutes of proceedings at a meeting must be distributed to all committee members and accepted and seconded by 2 committee members who were present at the meeting.

17 Treasurer
It is the duty of the treasurer of the association to ensure:
(a) that all money due to the association is collected and received and that all payments authorised by the association are made, and
(b) that correct books and accounts are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association.
(c) that reports showing the current financial affairs of the association are tabled at committee meetings when required by the committee.

18 Casual vacancies
(1) In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to this constitution, until the annual general meeting next following the date of the appointment.

(2) A casual vacancy in the office of a member of the committee occurs if the member:
(a) dies, or
(b) ceases to be a member of the association, or
(c) is or becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
(d) resigns office by notice in writing given to the secretary, or
(e) is removed from office under clause 19, or
(f) becomes a mentally incapacitated person, or
(g) is absent without the consent of the committee from 3 consecutive meetings of the committee, or
(h) is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or
(i) is prohibited from being a director of a company under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act 2001 of the Commonwealth.

19 Removal of committee members
(1) The association in a general meeting may, by resolution, remove any member of the committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.

(2) If a member of the committee to whom a proposed resolution referred to in subclause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

20 Committee meetings and quorum
(1) The committee must meet at least 3 times in each period of 12 months at the place and time that the committee may determine.

(2) Additional meetings of the committee may be convened by the president or by any member of the committee.

(3) Oral or written notice of a meeting of the committee must be given by the secretary to each member of the committee at least 48 hours (or any other period that may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.

(4) Notice of a meeting given under subclause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.

(5) Any 3 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.

(6) No business is to be transacted by the committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.

(7) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.

(8) At a meeting of the committee:
(a) the president or, in the president’s absence, the vice-president is to preside, or
(b) if the president and the vice-president are absent or unwilling to act, one of the remaining members of the committee chosen by the members present at the meeting is to preside.

21 Appointment of association members as committee members to constitute quorum
(1) If at any time the number of committee members is less than the number required to constitute a quorum for a committee meeting, the existing committee members may appoint a sufficient number of members of the association as committee members to enable the quorum to be constituted.

(2) A member of the committee so appointed is to hold office, subject to this constitution, until the annual general meeting next following the date of the appointment.

(3) This clause does not apply to the filling of a casual vacancy to which clause 18 applies.

22 Use of technology at committee meetings
(1) A committee meeting may be held at 2 or more venues using any technology approved by the committee that gives each of the committee’s members a reasonable opportunity to participate.

(2) A committee member who participates in a committee meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.

23 Delegation by committee to sub-committee
(1) The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of the member or members of the association that the committee thinks fit) the exercise of any of the functions of the committee that are specified in the instrument, other than:
(a) this power of delegation, and
(b) a function which is a duty imposed on the committee by the Act or by any other law.

(2) A function the exercise of which has been delegated to a sub-committee under this clause may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.

(3) A delegation under this clause may be made subject to any conditions or limitations as to the exercise of any function, or as to time or circumstances, that may be specified in the instrument of delegation.

(4) Despite any delegation under this clause, the committee may continue to exercise any function delegated.

(5) Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by the committee.

(6) The committee may, by instrument in writing, revoke wholly or in part any delegation under this clause.

(7) A sub-committee may meet and adjourn as it thinks proper.

24 Voting and decisions
(1) Questions arising at a meeting of the committee or of any sub-committee appointed by the committee are to be determined by a majority of the votes of members of the committee or sub-committee present at the meeting.

(2) Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

(3) Subject to clause 20 (5), the committee may act despite any vacancy on the committee.

(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.

Part 4 General meetings
25 Annual general meetings - holding of
(1) The association must hold its first annual general meeting within 18 months after its registration under the Act.

(2) The association must hold its annual general meetings:
(a) within 6 months after the close of the association’s financial year, or
(b) within any later time that may be allowed or prescribed under section 37 (2) (b) of the Act.

26 Annual general meetings - calling of and business at
(1) The annual general meeting of the association is, subject to the Act and to clause 25, to be convened on the date and at the place and time that the committee thinks fit.

(2) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:
(a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,
(b) to receive from the committee reports on the activities of the association during the last preceding financial year,
(c) to elect office-bearers of the association and ordinary committee members,
(d) to receive and consider any financial statement or report required to be submitted to members under the Act.

(3) An annual general meeting must be specified as that type of meeting in the notice convening it.

27 Special general meetings - calling of
(1) The committee may, whenever it thinks fit, convene a special general meeting of the association.

(2) The committee must, on the requisition of at least 5% of the total number of members, convene a special general meeting of the association.

(3) A requisition of members for a special general meeting:
(a) must be in writing, and
(b) must state the purpose or purposes of the meeting, and
(c) must be signed by the members making the requisition, and
(d) must be lodged with the secretary, and
(e) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.

(4) If the committee fails to convene a special general meeting to be held within 1 month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.

(5) A special general meeting convened by a member or members as referred to in subclause (4) must be convened as nearly as practicable in the same manner as general meetings are convened by the committee.

(6) For the purposes of subclause (3):
(a) a requisition may be in electronic form, and
(b) a signature may be transmitted, and a requisition may be lodged, by electronic means.

28 Notice
(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

(2) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under subclause (1), the intention to propose the resolution as a special resolution.

(3) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under clause 26 (2).

(4) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.

29 Quorum for general meetings
(1) No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that item.

(2) Five members present (being members entitled under this constitution to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.

(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
(a) if convened on the requisition of members—is to be dissolved, and
(b) in any other case—is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.

(4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being at least 3) are to constitute a quorum.

30 Presiding member
(1) The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the association.

(2) If the president and the vice-president are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.

31 Adjournment
(1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

(2) If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(3) Except as provided in subclauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

32 Making of decisions
(1) A question arising at a general meeting of the association is to be determined by:
(a) a show of hands or, if the meeting is one to which clause 37 applies, any appropriate corresponding method that the committee may determine, or
(b) if on the motion of the chairperson or if 5 or more members present at the meeting decide that the question should be determined by a written ballot—a written ballot.

(2) If the question is to be determined by a show of hands, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

(3) Subclause (2) applies to a method determined by the committee under subclause (1) (a) in the same way as it applies to a show of hands.

(4) If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairperson.

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

34 Voting
(1) On any question arising at a general meeting of the association a member has one vote only.

(2) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

(3) A member is not entitled to vote at any general meeting of the association unless all money due and payable by the member to the association has been paid.

(4) A member is not entitled to vote at any general meeting of the association if the member is under 18 years of age.

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

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

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

37 Use of technology at general meetings
(1) At the committee’s discretion and if the primary venue has the appropriate technology, a general meeting may be held at 2 or more venues, using any technology approved by the committee that gives each of the association’s members a reasonable opportunity to participate.

(2) A member of an association who participates in a general meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.

Part 5 Miscellaneous
38 Insurance
The association may effect and maintain insurance.

39 Funds - source
(1) The funds of the association are to be derived from entrance fees, annual subscriptions of members, donations, commissions, administration cost fees, event revenue and, subject to any resolution passed by the association in general meeting, any other sources that the committee determines.

(2) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank or other authorised deposit-taking institution account.

(3) The association must, as soon as practicable after receiving any money, issue an appropriate receipt.

40 Funds - management
(1) Subject to any resolution passed by the association in general meeting, the funds of the association are to be used solely in pursuance of the objects of the association in the manner that the committee determines.

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

41 Association is non-profit
Subject to the Act and the Regulation, the association must apply its funds and assets solely in pursuance of the objects of the association and must not conduct its affairs so as to provide a pecuniary gain for any of its members. No portion shall be paid or distributed directly or individually to the members except as bona fide remuneration for services or expenses incurred on behalf of the organisation.

42 Distribution of property on winding up of association
(1) Subject to the Act and the Regulations, in a winding up of the association, any surplus property of the association is to be transferred to another organisation with similar objects and which is not carried on for the profit or gain of its individual members.

(2) In this clause, a reference to the surplus property of an association is a reference to that property of the association remaining after satisfaction of the debts and liabilities of the association and the costs, charges and expenses of the winding up of the association.

(3) SYTA may be wound up at a Special General Meeting where a special
Resolution is passed to effect the wind up.

43 Change of name, objects and constitution
An application for registration of a change in the association’s name, objects or constitution in accordance with section 10 of the Act is to be made by the public officer or a committee member.

44 Custody of books etc
As the association has no premises, all records, books and other documents
relating to the association are stored electronically and are accessible in NSW.

45 Inspection of books etc
(1) The following documents must be open to inspection, free of charge, by a member of the association at any reasonable hour:
(a) The register of committee members and the record of disclosure of interests which are kept with the register of committee members,
(b) this constitution,
(c) minutes and reports of all special and annual general meetings of the association.

(2) a member of the association may inspect a copy of any of the documents
referred to in subclause (1).

(3) Despite subclause (1), the committee may refuse to permit a member of the association to inspect or obtain a copy of records of the association that relate to confidential, personal, employment, commercial or legal matters or where to do so may be prejudicial to the interests of the association.

46 Service of notices
(1) For the purpose of this constitution, a notice may be served on or given to a person:
(a) by delivering it to the person personally, or
(b) by sending it by pre-paid post to the address of the person, or
(c) by sending it by some form of electronic transmission including text messaging to an address or mobile phone number specified by the person for giving or serving the notice.

(2) For the purpose of this constitution, a notice is taken, unless the contrary is proved, to have been given or served:
(a) in the case of a notice given or served personally, on the date on which it is received by the addressee, and
(b) in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
(c) in the case of a notice sent by some form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.

(3) In addition, notices to members may also be posted to the SYTA website or included in the SYTA newsletter or referenced on the SYTA Facebook page.

47 Financial year
The financial year of the association is:
(a) the period of time commencing on the date of incorporation of the association and ending on the following 30 June, and
(b) each period of 12 months after the expiration of the previous financial year of the association, commencing on 1 July and ending on the following 30 June.

 
Part 6 Memorandum of association
48. Memorandum of association

The objects for which SYTA has been established are:
(1) To establish and maintain a professional body supporting teachers trained in the Satyananda system of yoga, which aims to maintain the essence of the teachings of the Satyananda tradition along with the highest possible standards of teaching in an unwavering ethical environment.

(2) To make every effort to foster a positive connection with the source and evolution of the Satyananda tradition and other Satyananda entities world-wide.

(3) To encourage supporters of the Satyananda system of yoga to build and maintain a community or sangha of like-minded individuals.

(4) To support the efforts of teachers trained in the Satyananda system of yoga to communicate and exchange ideas through the networking of teachers and supporters.

(5) To recognise the level of skills competencies of SYTA members, according to their teaching skills and experience, within the framework of SYTA’s membership criteria and guidelines. Where required and appropriate, assist in the provision of opportunities for teachers to further develop their teaching skills.

(6) To arrange provision of professional and public liability insurance for SYTA members.

(7) To support and/or develop continuing professional development programs that focus on the essence of the teachings and practices of the Satyananda tradition.

(8) To encourage the development of members’ deeper knowledge and personal experience of Satyananda style yoga practices, yogic lifestyle, yoga philosophy and psychology and the benefits of practicing yoga, through the dissemination of appropriate information (including electronic communication) to members.

(9) To co-operate and associate with other bodies, organisations or individuals, either within Australia or overseas, having objects in common or in part similar to the yogic objects of SYTA. To collaborate with other organisations, both within Australia and overseas, that are openly committed to upholding the Satyananda tradition.

(10) To purchase, take or lease or, in exchange, hire and otherwise acquire, sell, improve, manage, develop, exchange, mortgage, charge, lease, dispose of, turn to account of or otherwise deal with all or part of any lands, buildings, easements or other property real and personal and any interest therein and any rights or privileges which may be requisite for the purpose of or capable of being conveniently used in connection with any objects of SYTA.

(11) To appoint, employ, remove or suspend managers, clerks, servants, work persons, volunteers and others, whether individuals or entities, as may be necessary or convenient for SYTA.

(12) To invest and deal with the assets of SYTA in such a manner as may be thought fit by the committee, provided that such assets are invested and dealt with according to the laws of New South Wales and with due fiduciary care.

(13) To borrow or raise or secure the payment of such monies as the committee may think fit and to secure the same or the repayment or performance of any debt, liability, contract, guarantee or other arrangement incurred or to be entered into by SYTA in any way whatsoever and in particular and without limiting the generality of the foregoing by the issue of debentures perpetual or otherwise charge upon all or any of SYTA’s property (both present and future) and to purchase, redeem or pay off such securities.

(14) To act in any such way desirable to further the objects of SYTA.