Amnesty International Australia
Memorandum of Association
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d)
through the National Board, is responsible for ensuring that comprehensive reports of
its activities are submitted to the International Board annually;
e)
is responsible for ensuring its financial independence and observing guidelines laid
down by the International Council with respect to the acceptance of financial
contributions and fund-raising;
f)
through its Treasurer, is responsible for ensuring that an audited income and
expenditure account and balance sheet with respect to AIA’s financial transactions and
financial position is submitted to the International Treasurer of Amnesty International
as soon as practicable after the end of each financial year of AIA; and
g)
is responsible for ensuring that effect is given to any decision of the International
Board, the Secretary-General of Amnesty International, or the National Board by
which information is classified as being confidential, internal or embargoed.
5. Powers
5.1
Subject to sub-clause (2), for the purpose only of enabling AIA to carry out the objects set out
in clause 3 of this memorandum, AIA has and may exercise the following powers:
a)
subject to sub-clause (3) of this clause, to cooperate with or subscribe to any other
body or organisation which is affiliated to Amnesty International;
b)
to purchase, take on lease or in exchange, hire and otherwise acquire any land,
building, easement, or property, and any rights or privileges which may be required for
the purposes of, or capable of being conveniently used in connection with, any of the
objects of AIA, so long as in the case of any property subject to a trust AIA deals with
it only in such manner as is allowed by law having regard to the trust;
c)
to enter into any arrangement with any authority, whether National, State, municipal,
local, or otherwise, that may seem conducive to AIA’s objects or any of them and to
obtain from any such authority any rights, privileges and concessions which AIA
considers it desirable to obtain, and to carry out, exercise and comply with any such
arrangements, rights, privileges and concessions;
d)
to appoint, employ, remove or suspend such persons as may be necessary or
convenient for the purposes of AIA;
e)
to make payments towards insurance and to subscribe or guarantee money for
charitable or benevolent objects, or for any public, general or useful object;
f)
to construct, improve, maintain, develop, work, manage, carry out, alter or control any
house, building, grounds, works or convenience which may directly or indirectly
advance AIA’s interests and to contribute to, subsidise or otherwise assist and take
part in the construction, improvement, maintenance, development, working,
management, carrying out, alteration or control of any of them;
Amnesty International Australia
Memorandum of Association
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g)
to invest and deal with the money of AIA not immediately required
in such manner as
may be permitted by law for the investment of trust funds;
h)
to borrow or raise or secure the payment of money in such manner as AIA thinks fit;
i)
to make, draw, accept, endorse, discount, execute and issue promissory notes, bills of
exchange, bills of lading and other negotiable or transferable instruments;
j)
to sell, improve, manage, develop, exchange, lease, dispose of,
turn to account or
otherwise deal with all or any part of the property and rights of AIA;
k)
to take or hold mortgages, liens and charges to secure payment of the purchase price or
any unpaid balance of the purchase price of any part of AIA’s property of whatever
kind may be sold by AIA, or any money due to AIA from purchasers and others;
l)
to take any gift of property, whether subject to a trust or not, for any one or more of
the objects of AIA, so long as, in the case of property subject to a trust,
AIA deals with
it only in such manner as is allowed by law having regard to the trust;
m)
to take such steps by personal or written appeals, public meetings or otherwise, as may
from time to time be deemed expedient for the purpose of procuring contributions to
the funds of AIA or of any branch of AIA, in the shape of donations, annual
subscriptions or otherwise;
n)
to print and publish any newspapers, periodicals, books or leaflets that AIA may think
desirable for the promotion of its objects; and
o)
without infringing any of the limitations expressly imposed by any of the foregoing
provisions of this clause, to do all such things as are incidental or conducive to the
attainment of the objects of AIA or the exercise of its powers.
5.2
AIA has no power to support with its funds any activity, or to endeavour to impose on or
procure to be observed by its members or others any regulations or restrictions which, if an
object of AIA, would make AIA a trade union within the meaning of the Industrial Relations
Act 1996 (NSW), or under any other corresponding enactment of another State or of a
Territory of the Commonwealth.
5.3
Sub-Clause (1) (a) of this clause does not authorise AIA to subscribe to, or support with its
funds, a body or an organisation which does not prohibit the distribution of its income and
property among its members to an extent at least as great as that imposed on AIA under or by
virtue of Clause 12 of this memorandum.
6.
Exclusion of Schedule 2 to the Corporations Act
AIA has and may exercise the powers set out in section 124 of the Corporations Act.
7.
Property Etc.
7.1
The income and property of AIA,
from whatever source derived, shall be applied solely
towards the promotion of the objects of AIA as set out in clause 3 of this memorandum and,
subject to sub-clause (2) of this clause, no portion of that income or property shall be paid or
transferred, directly or indirectly, by way of dividend, bonus or otherwise, to any member.