Part 1 – Preliminary
(1) In this constitution:
“Director-General” means the Director-General of the Department of Services, Technology and Administration.
“ordinary committee member” means a member of the committee who is not an office-bearer of the association.
(a) the person holding office under this constitution as secretary of the association, or
(b) if no such person holds that office-the public officer of the association.
“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 2010 .
(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.
(a) The name of the Association (hereinafter called “The Association”) is HELLENIC LYCEUM (LYKION TON ELLINIDON).
(b) The seal of the Association shall consist of a circular inscription with the name of the Association in the Greek and English languages and surrounding in the centre a bust of an Ancient Greek woman and under it the year of formation of the Association namely 1951.
Part 2 – OBJECTS
- The objects for which the Association is incorporated are:
- The collection, maintenance and preservation of Hellenic national costumes, folk dances, songs, handicrafts, traditions and folklore.
- The maintenance, promotion and advancement of Hellenic heritage culture and the arts through exhibitions, concerts, festivals, dances, recitals, presentations, theatrical performances, research, lectures, seminars, teaching institutions, conferences, and to catalogue print, publish ad disseminate literary works by any means.
- The establishment of a Folkloric Museum, historical archive and library.
- The promotion of Greek women and the moral and material support of mother and child.
- To assist in cultivating sentiments of love, affection and respect between Australia and Greece.
- To work with Australian and Greek authorities as well as with other organisations of any background for the benefit welfare and progress of the people of Australia, Greece and elsewhere.
- To offer the Association’s services in the areas of
education, culture, welfare, the defence of human and civil rights and the alleviation of poverty.
- To maintain the doctrines of the Greek Orthodox Church and the ideals of Hellenism and Christianity.
- To purchase, take , lease or exchange, hire or otherwise acquire any real or personal property; and to construct alter and maintain any buildings and to obtain and maintain any rights and privileges necessary or convenient for the purpose of the Association.
- To sell, improve, develop, lease, mortgage (subject to the approval of a properly convened general meeting), grant any rights, concessions and/or licenses, dispose of, turn to account or otherwise deal with all or any part of the property of the Association.
- For the purposes of fostering the above objects the Association shall consider the Greek Consulate General in Sydney as the supreme Greek Authority in New South Wales.
- The Association recognises the Holy Archdiocese of Australia dependent to the Ecumenical Patriarchate of Constantinople as the supreme religious authority of the Greek Orthodox Church in New South Wales.
- To respect the political beliefs of all members but under no circumstances shall the Association promote or engage in or participate in the activity of any political party.
- The Association operates as a charitable organisation as defined by the Australian Taxation Office. The net income shall be distributed to charitable causes as defined in the relevant legislation.
- To celebrate Australia Day, Anzac Day , Greek National Day and the anniversary of 28October.
- (i) To hire and employ secretaries, managers, clerks, and other persons and pay them in return for the services rendered to the Association salaries, wages and other entitlements.
(ii) To take or reject any gift of property, money or goods whether subject to any special trust or not for anyone or more of the objects of the Association.
(iii) To invest monies of the Association in such manner as may be determined by resolution of the Committee and to vary sell or dispose of all or any of such investments.
(iv) To take such steps by personal or written appeals public meetings, advertisements or otherwise as from time to time be deemed expedient for the purposes of procuring contributions to the fund of the association in the form of annual donations, subscriptions or otherwise.
(v) To provide print or publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects.
(vi) To appoint agents or attorneys in Australia or abroad and to act as agents for organisations having similar objects.
(vii) To accept or take any security for any debt or liability to the Association or any property real or personal in or towards payment or satisfaction of any such debt or liability.
- To obtain any provisional order or other official power consent or authority or act of parliament to enable the Association to carry out any of its objects.
- In furtherance of the objects of the Association to enter into any arrangement with any government municipality or public body or other corporation or any of them and to obtain any rights privileges and concessions which the Association may think desirable and to carry out exercise and comply with any such arrangements rights privileges and concessions.
To make ancillary rules and do all such things as maybe incidental or conducive to the attainment of the above mentioned objects.
- The income and property of the Association howsoever derived shall be applied solely towards the promotion of the objects of the Association as set out herein and no portion thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to or amongst the members of the Association provided that nothing herein contained shall prevent the payment in good faith of interest to any such member in respect of money advanced by her to the Association or otherwise owing by the Association to her or of renumeration of any officers or servants of the Association or to any member of the Association or other person in return for any services actually rendered to the Association.
- If upon the winding up or dissolution of the Association there remains after satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed amongst the members of the Association but shall be given or transferred to a philanthropic or charitable institution having objects similar to those of this Association and which shall prohibit the distribution of its assets or its income amongst its members and such institution or institutions to be determined by the members at or before the time of the dissolution or in default thereof by the Chief Justice in Equity of the Supreme Court of New South Wales.
PART 3 Membership generally
- The Association shall comprise of the following categories of members:-
Any person residing in the state of New South Wales who is of Greek descent or married to a person of Greek descent or any person who in the opinion of the committee is deserving of the election to membership by virtue of the fact that she has lived in Greece and having obtained the age of 18yrs and provided always that such person agrees to abide by the objects of the Association shall be eligible for membership as a regular member. Only regular members shall be entitled to vote on all matters provided however that such members shall be financial for a period of not less than 3 months prior to elections and provided further that no member shall be entitled to vote or be elected to office until after having completed two years as a member of the Association.
Associate members may be elected from either sex and any ethnic background.
Associate members are elected by the committee by secret ballot after having being nominated by two members of the committee.
Associate members have no voting rights and may not hold any office in the Association.
(c) Honorary Members
Any person male or female of any nationality enjoying a prominent and distinguished position in the community or showing such an interest in the affairs of the Association by contributing morally or financially towards the progress and objects of the Association may upon a unanimous recommendation by the committee be proclaimed by a general meeting of the members as an honorary member of the Association and shall be exempted from any subscription fee. No honorary member shall have the right of voting or be elected to any office of the Association.
(d) Life members
(i) Ordinary Life Members
Any person who has donated to the Association not less than two thousand dollars($2000) or an amount from time to time as determined by the committee who in the opinion of the committee is a fit and proper person to be elected as an honorary life member.
(ii) Honorary Life member
Any person who in the opinion of the Committee has rendered such meritorious and outstanding services to the Association shall at the discretion of the Committee be elected as an Honorary life member.
Life members shall have the same rights and privileges as all other members of the Association but shall not be required to pay any fees.
(i) Any person who has donated to the Association not less than five thousand dollars( $5000) or an amount from time to time as determined from the committee may at the discretion of the committee be honoured as a benefactor.
(ii) Great Benefactors
Any person who has donated to the Association not less than ten thousand dollars ($10 000) or an amount from time to time as determined by the committee may at the discretion of the committee be honoured as a great benefactor.
(f) A person is eligible to be a member of the Association if:
(i) the person is a natural person, and
(ii) the person has been nominated and approved for membership of the Association in accordance with this clause.
- Nomination for membership
(a) A nomination of a person for membership of the association:
(i) must be made by a member of the Association in writing in the form prescribed by the committee from time to time and
(ii) must be lodged with the secretary of the Association.
(b) As soon as practicable after receiving a nomination for membership, the secretary must refer the nomination to the committee which is to determine whether to approve or to reject the nomination.
(c) As soon as practicable after the committee makes that determination, the secretary must:
(i) notify the nominee, in writing, that the committee approved or rejected the nomination (whichever is applicable), and
(ii) if the committee approved the nomination, request the nominee to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under this constitution by a member as entrance fee and annual subscription.
(d) The secretary must, on payment by the nominee of the amounts referred to in subclause (c)(ii) within the period referred to in that provision, enter or cause to be entered the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the association.
- Cessation of membership
A person ceases to be a member of the Association if the person:
(a) dies, or
(b) resigns membership, or
(c) is expelled from the Association, or
(d) fails to pay the annual membership fee under clause 10 within 3 months after the fee is due.
- 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.
- Resignation of membership
(a) A member of the Association may resign from membership of the Association by first giving to the secretary written notice of at least one month (or such other period as the committee may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.
(b) If a member of the Association ceases to be a member under subclause (a), 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 date on which the member ceased to be a member.
- Register of members
(a) The secretary/public officer of the Association must establish and maintain a register of members of the Association specifying the name and postal or residential address of each person who is a member of the Association together with the date on which the person became a member.
(b) The register of members must be kept in New South Wales:
(i) at the main premises of the association, or
(ii) if the Association has no premises, at the Association’s official address.
(c) The register of members must be open for inspection, free of charge, by any member of the Association at any reasonable hour.
(d) A member of the Association may obtain a copy of any part of the register on payment of a fee of not more than $1 for each page copied.
(e) If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.
(f) A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
(i) the purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the Association or other material relating to the Association, or
(ii) any other purpose necessary to comply with a requirement of the Act or the Regulation.
- Fees and subscriptions
(a) A member of the Association must, on admission to membership, pay to the Association a fee of $30 or, if some other amount is determined by the committee, that other amount.
(b) In addition to any amount payable by the member under subclause (a), a member of the Association must pay to the Association an annual membership fee of $30 or, if some other amount is determined by the committee, that other amount:
(i) except as provided by subparagraph (ii), before 1 July in each calendar year, or
(ii) if the member becomes a member on or after 1 July in any calendar year-on becoming a member and before 1 July in each succeeding calendar year.
(iii)The Secretary shall notify in writing those members whose subscription fee has not been paid up to the first day of June that unless their subscription fee is paid on or before the 15th July their membership shall cease.
(iv) In the event of any member being in arrears in respect of renewal of her subscription for a period of two financial years such member shall have the opportunity to pay such renewal fees up to the date of the election of a new committee. Should the subscription fee of any member be not paid for a period of over two financial years such member will be struck off from the register of members.
- 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 10.
12.Resolution of disputes
(a) A dispute between a member and another member (in their capacity as members) of the Association, or a dispute between a member or members and the Association, are to be referred to a community justice centre for mediation under the Community Justice Centres Act 1983 .
(b) If a dispute is not resolved by mediation within 3 months of the referral to a community justice centre, the dispute is to be referred to arbitration.
- Disciplining of members
(a) A complaint may be made to the committee by any person that a member of the association:
(i) has refused or neglected to comply with a provision or provisions of this constitution, or
(ii) has wilfully acted in a manner prejudicial to the interests of the Association.
(b) The committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.
(c) If the committee decides to deal with the complaint, the committee:
(i) must cause notice of the complaint to be served on the member concerned, and
(ii) 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
(iii) must take into consideration any submissions made by the member in connection with the complaint.
(d) 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.
(e) 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 14.
(f) The expulsion or suspension does not take effect:
(i) until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
(ii) if within that period the member exercises the right of appeal, unless and until the Association confirms the resolution under clause 14 whichever is the later.
- Right of appeal of disciplined member
(a) A member may appeal to the Association in general meeting against a resolution of the committee under clause 13, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
(b) 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.
(c) On receipt of a notice from a member under subclause (a), 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.
(d) At a general meeting of the association convened under subclause (c):
(i) no business other than the question of the appeal is to be transacted, and
(ii) the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
(iii) the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
(e) The appeal is to be determined by a simple majority of votes cast by members of the association.
Part 4 – The committee
- Powers of the committee
Subject the the Act, the Regulation and this constitution and to 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 such functions as 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 such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the Association.
- Composition and membership of committee
(a) The committee is to consist of:
(i) the office-bearers of the Association, and
(ii) at least 11 ordinary committee members,
each of whom is to be elected for a term of four (4) years at an annual general meeting of the Association under clause 17.
(b) The total number of committee members is to be between 15 and 21.
(c) The office-bearers of the Association are as follows:
(i) the president,
(ii) the vice-president,
(iii) the treasurer,
(iv) the secretary. .
(d) Each member of the committee is, subject to this constitution, to hold office until the conclusion of the annual general meeting following the date of the member’s election, but is eligible for re-election.
- Election of committee members
(a) Nominations of candidates for election as office-bearers of the Association or as ordinary committee members:
(i) 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
(ii) 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.
(b) 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.
(c) If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
(d) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
(e) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
(f) 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 the following manner:
(i) The ballot paper shall contain in alphabetical order the names of all duly nominated candidates
(ii) The voting member shall mark her ballot paper by placing a cross or tick in the space provided next to the names of the candidates of her choice
(iii) The ballot shall be conducted by the secretary or other authorised persons elected at the meeting assisted by two scrutineers to be elected simultaneously at the same meeting.
(iv) At the closing of the poll the Secretary or other authorised persons assisted by the scrutineers shall proceed with the counting of the ballot paper and shall report the result to the chair person of the meeting who shall then declare such candidates who receive the greatest number of votes to be duly elected.
(v) In any case of doubt as to the formality of the voting paper the matter shall be referred to the chairperson of the meeting whose decision shall be final.
(vi) In the event of an equality of votes in favour of two or more candidates which would exceed the number of members required to be elected the chairperson of the meeting shall conduct a draw from a hat containing the names of the candidates polling the same number of votes to ensure the election of not more than the number of positions requiring to be filled.
(vii) Each member is entitled to only one vote. Voting by proxy or mail is prohibited.
(g) The persons elected to the committee shall, within eight(8) days of such election, convene a meeting to elect the office bearers by secret ballot.
(h) A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of the Association must be a regular member of the Association.
(a) The secretary of the Association must, as soon as practicable after being appointed as secretary, lodge notice with the Association of her address.
(b) It is the duty of the secretary to keep minutes of:
(i) all appointments of office-bearers and members of the committee, and
(ii) the names of members of the committee present at a committee meeting or a general meeting, and
(iii) all proceedings at committee meetings and general meetings.
(c) Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
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.
20 Casual vacancies
(a) 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 conclusion of the annual general meeting next following the date of the appointment.
(b) A casual vacancy in the office of a member of the committee occurs if the member:
(i) dies, or
(ii) ceases to be a member of the Association, or
(iii) becomes an insolvent under administration within the meaning of Corporations Act 2001 of the Commonwealth, or
(iv) resigns office by notice in writing given to the secretary, or
(v) is removed from office under clause 21, or
(vi) is removed from office by a resolution of the committee passed with a three quarter majority of members of the committee and provided that such resolution shall be subject to that member’s rights under clauses 14 and 21 hereof
(vii) becomes a mentally incapacitated person, or
(viii) is absent without the consent of the committee from 5 consecutive meetings of the committee, or
(ix) 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
(x) 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.
- Removal of committee members
(a) The Association in 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.
(b) If a member of the committee to whom a proposed resolution referred to in subclause (a) 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.
- Committee meetings and quorum
(a) The committee must meet at least 10 times in each period of 12 months at such place and time as the committee may determine.
(b) Additional meetings of the committee may be convened by the president or by any member of the committee.
(c) 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 such other period as may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
(d) Notice of a meeting given under subclause (c) 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.
(e) Any 9 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.
(f) 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.
(g) 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.
(h) At a meeting of the committee:
(i) the president or, in the president’s absence, the vice-president is to preside, or
(ii) if the president and the vice-president are absent or unwilling to act, such one of the remaining members of the committee as may be chosen by the members present at the meeting is to preside.
- Delegation by committee to sub-committee
(a) The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the Association as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than:
(i) this power of delegation, and
(ii) a function which is a duty imposed on the committee by the Act or by any other law.
(b) 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.
(c) A delegation under this clause may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
(d) Despite any delegation under this clause, the committee may continue to exercise any function delegated.
(e) 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.
(f) The committee may, by instrument in writing, revoke wholly or in part any delegation under this clause.
(g) A sub-committee may meet and adjourn as it thinks proper.
(h) The committee may appoint any of the following sub committees:-
(i) Traditional and folkloric archive
(ii) National costumes
(iii) National dances
(iv) Women’s and children’s issues
(vi) Literature, philology and Education
(vii) Library and Historical archives of the Lyceum
(viii) Public and international relations
(ix) Financial and fundraising
(x) Workshop for National Costumes
(xi) Domestic handicrafts, decorating and ornamenting
(xii) Music and Fine Arts
(xiii) Festivals, receptions and social events
(xiv) Any other sub committee as the committee may from time to time determine.
- The subcommittees do not maintain separate bank accounts. The donations and income of all subcommittees are delivered to the treasurer and are withdrawn if they are to be used by that subcommittee with the approval of the committee.
(j) Each sub committee shall be supervised by an ephor /supervisor who must be a member of the committee. The Committee or the Ephor of the sub committee may appoint an assistant Ephor (synephor). All members of the sub committees must be members of the Association
- Voting and decisions
(a) 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.
(b) 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.
(c) Subject to clause 22 (e), the committee may act despite any vacancy on the committee.
(d) 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 5 – General meetings
- Annual general meetings-holding of
The Association must hold its annual general meetings:
(a) within 6 months after the close of the association’s financial year and if practicable in the month of September, or
(b) within such later time as may be allowed by the Director-General or prescribed by the Regulation.
- Annual general meetings-calling of and business at
(a) The annual general meeting of the Association is, subject to the Act and to clause 25, to be convened on such date and at such place and time as the committee thinks fit.
(b) 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:
(i) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,
(ii) to receive from the committee reports on the activities of the Association during the last preceding financial year,
(iii) to elect office-bearers of the Association and ordinary committee members,
(iv) to receive and consider any financial statement or report required to be submitted to members under the Act.
(c) An annual general meeting must be specified as such in the notice convening it.
- Special general meetings-calling of
(a) The committee may, whenever it thinks fit, convene a special general meeting of the Association.
(b) The committee must, on the requisition in writing of at least 10 per cent of the total number of members, convene a special general meeting of the Association.
(c) A requisition of members for a special general meeting:
(i) must state the purpose or purposes of the meeting, and
(ii) must be signed by the members making the requisition, and
(iii) must be lodged with the secretary, and
(iv) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
(d) If the committee fails to convene a special general meeting to be held within 1 month after that 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.
(e) A special general meeting convened by a member or members as referred to in subclause (d) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee.
(a) 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.
(b) 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 (a), the intention to propose the resolution as a special resolution.
(c) 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(b).
(d) 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.
- Quorum for general meetings
(a) 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.
(b) (i) Twenty 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.
(ii) Forty members (being members entitled under this constitution to vote at a general meeting) constitute a quorum for a special general meeting called on by the requisition of members
(c) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
(i) if convened on the requisition of members, is to be dissolved, and
(ii) 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.
(d) 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 9) are to constitute a quorum.
- Presiding member
(a) The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the Association.
(b) 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.
(a) 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.
(b) 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.
(c) Except as provided in subclauses (a) and (b), 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
(a) A question arising at a general meeting of the Association is to be determined by either:
(i) a show of hands, or
(ii) 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.
(b) 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.
(c) 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.
- Special resolutions
(a) On any question arising at a general meeting of the Association a member has one vote only.
(b) 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.
(c) 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.
(d) A member is not entitled to vote at any general meeting of the Association if the member is under 18 years of age.
- Proxy votes not permitted
Proxy voting must not be undertaken at or in respect of a general meeting.
- Postal ballots
(a) The Association may hold a postal ballot to determine any issue or proposal (other than for the election of the committee an appeal under clause 14 and to amend this constitution).
(b) A postal ballot is to be conducted in accordance with Schedule 3 to the Regulation.
Part 6 – Miscellaneous
The Association may effect and maintain insurance.
(a) The funds of the Association are to be derived from entrance fees and annual subscriptions of members, donations, investments and, subject to any resolution passed by the Association in general meeting, such other sources as the committee determines.
(b) 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.
(c) The Association must, as soon as practicable after receiving any money, issue an appropriate receipt.
(a) Subject to any resolution passed by the Association in general meeting, the funds of the Association are to be used in pursuance of the objects of the Association in such manner as the committee determines.
(b) All accounts shall be presented to the committee for approval and if approved for payment by the treasurer. Every such direction for payment shall be recorded in the minutes of the committee meeting. Any payment of any account made without the approval of the Committee shall be void.
(c) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee of the Association, being members authorised to do so by the committee.
- Financial year
The financial year of the association is 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.
- Accounts and Audit
(a) The committee shall cause correct accounts and books to be kept showing the financial affairs of the Association and without limiting the generality hereof
- All sums of money received and expended by the Association and details in respect of which the receipt and expenditure takes place
- All sales and purchases by the Association
- The assets and liabilities of the Association
(b) The books of account shall be kept at the Association premises or at such other place as the Committee thinks fit and shall always be open for inspection by the committee members.
(c)(i) The committee shall comply with the provisions of the Act and once in every year cause to be prepared a balance sheet as at the end of the Association’s financial year and an income and expenditure account made up to the end of the financial year which together with the report of the committee shall be presented at the annual general meeting.
(ii) If and when required then the annual accounts shall be audited and an auditor’s report shall also be presented at the annual meeting.
- AUDIT COMMITTEE
An audit committee consisting of four members may be elected for a term of one year by the annual general meeting (if the members so request) and such members must not be members of the existing committee. The audit committee shall audit the accounts of the Association and shall have the power to call for the production to them of all books and accounts and documents and generally relating to the affairs of the Association.
- Custody of books
Except as otherwise provided by this constitution, the secretary/ public officer must keep in her custody or under her control all records, books and other documents relating to the Association.
- Inspection of books
(a) The following documents must be open to inspection, free of charge, by a member of the Association at any reasonable hour:
(i) records, books and other financial documents of the Association,
(ii) this constitution,
(iii) minutes of all committee meetings and general meetings of the Association.
(b) A member of the Association may obtain a copy of any of the documents referred to in subclause (a) on payment of a fee of not more than one dollar ($1 ) for each page copied.
- Service of notices
(a) For the purpose of this constitution, a notice may be served on or given to a person:
(i) by delivering it to the person personally, or
(ii) by sending it by pre-paid post to the address of the person, or
(iii) by sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
(b) For the purpose of this constitution, a notice is taken, unless the contrary is proved, to have been given or served:
(i) in the case of a notice given or served personally, on the date on which it is received by the addressee, and
(ii) 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
(iii) in the case of a notice sent by facsimile transmission or some other 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.
- Change of name, objects and constitution
An application to the Director-General 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.