Special Resolution for the consideration of members ahead of the 2026 AGM
Explanatory note:
Australia Tibet Council is continuing to progress its application to listed as a deductible gift recipient (DGR). If successful, this would mean ATC would be entitled to receive gifts and donations which would ‘deductible’ from the donor’s income tax.
With the generous pro-bono support of a leading independent Australian law firm and an independent accounting and advisory firm, ATC’s current constitution has been reviewed and a new draft constitution has been prepared to enable the DGR application to proceed.
The changes in the new constitution proposed in this special resolution are aimed at ensuring ATC has acceptable rules regarding the establishment of the required public fund, and for transferring surplus deductible contributions if the organisation were ever to be wound up or have its DGR status is revoked. The changes also update and modernise the format and wording of the constitution, such as specifically authorising the use of technology to hold meetings.
The most significant changes in the constitution are:
Clause 79 which establishes the Australia Tibet Council Public Fund
Clause 46 which clarifies the Term of Office for ATC directors
Importantly, the objectives and charitable purpose of ATC remain unchanged and the proposed constitution continues to be in line with the model rules put forward by the Australian Charities and Not-for-profits Commission (ACNC).
View ATC's current constitution
View the proposed constitution labelled “2026 Proposed Constitution”
The wording of the special resolution is below:
Special resolution to repeal and replace the constitution of the Australia Tibet Council
"IT IS RESOLVED as a special resolution that, the existing constitution of the Australia Tibet Council Ltd (ACN 088 312 529) is repealed in its entirety and the proposed new constitution (attached to this resolution and labelled “2026 Proposed Constitution”) is adopted as the constitution of the company with effect from the close of the meeting.”
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VOTING - Please refer to your AGM Notice for information on how to vote on the special resolution and/or how to RSVP for the AGM meeting.