Attachment 3 - Charitable Status Documents

            (vi)    acquire land or buildings;
            (vii) act beyond any limits with respect to capital expenditure or other financial
                  arrangements set by the Council from time to time or prescribed in the Delegations
                  of Authority Manual;
            (viii) incur expenditure in excess of any Financial Plan approved by the Council;
            (ix)    consolidate or merge the Association with any other organisation;
            (x)     cease to operate any Educational Body;
            (xi)    establish a new Educational Body;
            (xii) grant any power of attorney; and
            (xiii) end a relationship with a Ministry of the Oceania Province.
      (b)   Contracts for the purchase of land may only be executed by the Council.
      (c)   The following actions of the Association also require the approval of the Holy See:
            (i)     any change to the Principal Purpose;
            (ii)    the suppression of the Association;
            (iii)   the sale, lease, mortgage or encumbrance disposition, or other form of alienation
                    of the stable patrimony of the Association in excess of any amount established by
                    the Holy See from time to time.
      (d)   If there is a doubt as to whether a Board decision involves a reserve power under this
            clause 6 the ruling of the President shall be final and conclusive.

7.    The Board
7.1   Role and Powers of the Board
      (a)   The Board is the governing body of the Educational Bodies.
      (b)   The Board must ensure that the Association complies with:
            (i)     all legal and regulatory requirements of civil law;
            (ii)    Canon Law; and
            (iii)   this Constitution.
      (c)   The Board must govern the Educational Bodies and exercise all powers of the
            Association not required by Canon Law or this Constitution to be exercised by the
            Council.
      (d)   All activities of the Educational Bodies are under the direction of, the Board.
      (e)   Without limiting the generality of clause 7.1(c) but subject always to clause 6.8 and the
            terms of this Constitution, the Board may exercise all the powers of the Association to
            direct and defend litigation, borrow money, buy and sell property, charge any property
            or business of the Association or give any other security for a debt, liability or obligation
            of the Association or of any person.
7.2   Appointment of Board Members
      (a)   The Council appoints the Board Members.
      (b)   The Board may recommend individuals to the Council for appointment to the Board.
      (c)   There must be at least 5 and no more than ten Board Members.
 Constitution of
 Trustees of Edmund Rice Education Australia Adopted by TEREA AGM 22 June 2021       Page 10 of 16