(a) This Agreement is entered into as a memorandum of understanding between the parties in accordance with section 17 of the OC Act and it is acknowledged that this Agreement does not in-of-itself create legally enforceable rights between the parties. This Agreement may however act as the trigger for the legal application of certain provisions of the OC Act.
(b) The Association acknowledges and represents that at least one of the stated objectives of its Rules of Association (including its constitution) is to represent the Community and the Association undertakes to immediately notify the Authority if its Rules of Association (or constitution) are varied or are in anyway inconsistent with this Agreement.
(c) It is acknowledged that this Agreement is entered into to set out the common understanding of the parties in relation to those matters prescribed under subparagraphs (a) to (f) of subsection 17(1) of the OC Act which are stated to be within the scope of this Agreement as set out in item 1 of the Schedule.
In the interpretation of this Agreement, unless a contrary intent is evident:
(a) Agreement means this memorandum of understanding between the Authority and the Association and includes the Schedule, any attachments and any other documents expressly incorporated by reference;
(b) Community has the meaning set out in item 1 of the Schedule;
(c) Community Organisation means an organisation listed under item 5 of the Schedule or an organisation that the Authority notifies the Association is a community organisation for the purposes of this Agreement;
(d) Community Contribution means a fixed charged implemented by the Authority in accordance with section 21 of the OC Act;
(e) OC Act means the Outback Communities (Administration and Management) Act 2009;
It is acknowledged that nothing in this Agreement constitutes a partnership or joint venture of any kind between the parties or constitutes any relationship of employer and employee or principal and agent between the Authority and the Association or its agents, members or volunteers.
(b) Badging and Signage
If the Authority is providing any funding or event sponsorship in accordance with this Agreement then the Association undertakes to ensure that the Authority is acknowledged by appropriate badging and signage in accordance with the written directions of the Authority.
The Authority may from time to time vary (or substitute) this Agreement by written notice to the Association but only if the Authority has first consulted with the Community in accordance with the Authority’s public consultation policy.
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(d) Performance and future proposals
It is acknowledged that the satisfactory completion and/or provision of public services or facilities, the issuing of regular invoices for reimbursement (see item 7 of the Schedule) and on-going compliance with reporting obligations, may be taken into account by the Authority as a factor in assessing any applications it receives for future funding.
A notice is properly given or served if the party delivers it by hand, posts it or transmits it by electronic mail or facsimile, to the address of the Representative of the other party.
(f) Additional Provisions
This Agreement includes any Additional Provisions set out in item 10 of the Schedule.
EXECUTED as a MEMORANDUM of UNDERSTANDING
SIGNED for and on behalf of OUTBACK COMMUNITIES AUTHORITY
(ABN: 45 674 479 985)
by an authorised officer
SIGNED for and on behalf of ANDAMOOKA PROGRESS AND OPAL MINERS ASSOCIATION INC
The association must provide the Authority with Reports in accordance with the following table.
(Information and applicable standard)
Community Organisation’s minutes
Following each APOMA committee meeting
Minutes must include budget monitoring report showing progress on matters set out at item 1 of the Schedule.
Within 6 months from the expiry of the Financial Year.
Financial Statements prepared in accordance with Australian Accounting Standards setting out in detail the Association’s expenditure of moneys provided to the Association by the Authority (if any) and signed by a senior office holder of the Association.
Standard: If the moneys provided is in excess of $1 M (GST exclusive) then the Association must prepare its Financial Statements in the nature of General Purpose Financial Statements.
Note: for the purposes of compliance with Australian Accounting Standards (“AAS”) this includes Tier 1 ASS and Tier 2 ASS – Reduced Disclosure Requirements.
4. FINANCIAL AND OTHER SUPPORT TO THE COMMUNITY BY THE AUTHORITY
The following table sets out the nature and value of financial and other support that the Authority intends to provide directly to the Community during the Financial Year as may be further detailed in a budget spreadsheet for the Community attached to this Agreement.
Importantly it is acknowledged and agreed that:
(a) the provision of financial and other support as described in this agreement (and in any attached Community budget) remains at all times contingent upon the availability of funds in the Authority’s budget; and
(b) Income up to the allocation in the budget from community contributions is limited by the amount received from community contributions. Payment in excess of the actual community contribution received will not be made and a budget review will be necessary; and
(c) unless the Authority chooses to do so, the Authority is not obligated (or required) to expend funds (or provide other support) in excess of the corresponding value set out in the table below.
Financial and Other Support
Value (GST Exclusive) (including in-kind support)
Community Development Support
5. PUBLIC SERVICES AND FACILITIES TO BE PROVIDED BY COMMUNITY ORGANISATIONS
6. PARTICIPATION OF COMMUNITY ORGANISATIONS IN AUTHORITY ARRANGED INSURANCE
The following table sets out the details and cost of the Authority arranged insurance and the participating Community Organisation(s).
Each participating Community Organisation must comply with the terms and conditions of cover provided to them by the Authority and must make any notifiable disclosures to the Authority and the insurer.
Description of Insurance:
a) Industrial Special Risk
b) Combined Liability
c) Personal Accident and
d) Adhoc Hires insurance.
Amount of cover:
Local Government Risk Services
Participating Community Organisations:
Andamooka Progress and Opal Miners Association Inc
Cost and Contributions:
$8,700 (incorporated within the budget)
7. PROCEDURES FOR REIMBURSEMENT BY COMMUNITY ORGANISATIONS
The Authority and the Association authorise for the purposes of subsection 21(3) of the OC Act a community contribution details of which are set out in the following table.
Statement of Purpose and Activity:
Provision of municipal services and support
Fixed Charge as Approved by Minister (including variations):
$400 per property unit on rateable land
Land to which the Community Contribution will relate:
All rateable land within the township of Andamooka; those sites immediately adjacent the town of Andamooka not within the Andamooka Precious Stones Field or excluded from the operation of the Opal Mining Act 1995, and those portions of Section 1500, Out of Hundreds (Andamooka), occupied under Crown Licence (known as White Dam).
9. OTHER MATTER FOR MANAGEMENT AND ADMINISTRATION OF THE COMMUNITY
A representative of the Outback Communities Authority will sit as an ex-officio member on the APOMA committee. The Outback Communities Authority representative will not have voting rights on the committee but will provide advice in relation to the effective governance and management of the township of Andamooka. APOMA must act at all times in accordance with its constitution.