|
A0034887B
ABN
82 104 322 096 |
|
Beaumaris Conservation Society Inc. |
BEAUMARIS VIC 3193 |
|
info@beaumarisconservation.net |
Tel 0395891802,
0429176725 Fax 0395895194 |
||
|
Constitution |
|||
|
|
|||
|
Click on a blue
hyperlink of interest. |
|||
|
|
Rules
of the Beaumaris Conservation Society Incorporated, incorporated as
Association No. A0034887B under the Associations Incorporation
Act 1981
of the State of Victoria |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1. |
11. |
21. |
21. Seal |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
12. |
22. |
22. Referendums |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
3. |
3. Membership |
13. |
23. |
23. Notices |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
4. |
14. |
24. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
5. |
15. |
25. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
6. |
16. |
16. Observers |
26. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
7. |
17. |
17. Secretary |
27. |
27. Regulations |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
8. |
18. |
18. Treasurer |
28. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
9. |
19. |
19. Director |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
10. |
10. Notice of General Meetings other than the Annual General
Meeting |
20. |
20. Cheques |
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
1.1 The name of the
incorporated association is Beaumaris Conservation Society Inc. (hereinafter
called "the Association"). 1.2 The aim of the Association
is to work for better conservation, particularly that of the Beaumaris area. 1.3 The objectives of the
Association shall be to: (a) succeed,
and continue the work of, the Beaumaris Conservation Society, it having
originally been an unincorporated body, the Beaumaris Tree Preservation
Society, that was formed at the Inaugural Meeting of its
Members on 28th January 1953, and whose Constitution was adopted in March
1953 and altered at its Annual General Meetings held
in September 1970 (when its name was changed to Beaumaris
Conservation Society), September 1978 and September 1993;
and it having been the organization that originally proposed these Rules and
whose members were the founding members of the Association, pursuant to a resolution, in accordance with the
Constitution of the Society, of a General Meeting of the Society, held on 9th
April 1997, (b) to encourage,
to the greatest degree possible, and with special reference to the land, sea
and air in the Beaumaris area: (1) The conservation and restoration
of the indigenous flora and fauna (2) The protection of natural landscape, foreshore and
seascape, including features of geographical, geomorphological
and geological significance (3) Action to eliminate or prevent pollution (4) Requirements, for Beaumaris, that sufficient land
holdings, of both publicly and privately owned land, have a permanent
reservation apply, at least to the most publicly visible part of them, in
sufficiently widely distributed areas, in a form and condition that continues
to provide suitable habitat for the many trees and other plants, particularly
those indigenous to Beaumaris, that give Beaumaris throughout its distinctive
treed and leafy character (5) The maintaining by authorities of active measures to
encourage the continued widespread and prominent presence of such plants and
that local character; (c) to
encourage and participate in the replanting of indigenous flora in the
Beaumaris area; (d) to encourage
and participate in the planting of suitable trees and shrubs in nature
strips, in parks, on the foreshore, and in other places within the Beaumaris
area; (e) to promote a
public conscience favourable to the carrying out of the aforesaid objects; (f) to buy, sell
and lease land and to mortgage the same; (g) to enter into
correspondence and to make contracts with other organizations, persons and
companies and with municipal and other authorities; (h) to do all such
things as may in the opinion of the Association assist in the promotion of
the said objects; and (i) to co-operate or conjoin in any
suitable way with other bodies or organizations having objects completely or
in part similar to those of the Association. Interpretation 2.1 In these
rules, unless the contrary intention appears: "Committee"
means the Committee of Management of the Association. "Financial
year" means the year ending on 30th June. "General
Meeting" means a general meeting of members convened in accordance with Rules
7-9. "Member"
means a paid up member of the Association. "The
Act" means the Associations Incorporation
Act 1981 of the State of "The
Regulations" means regulations under
the Act. "Public
Officer" means Public Officer
under the Act. 2.2 In these
Rules, a reference to the Secretary of the Association is a reference: (a) where
a person holds office under these Rules as Secretary of the Association - to
that person; and (b) in any other case, to the Public Officer of the
Association. 2.3 Words
or expressions contained in these rules shall be interpreted in accordance
with the provisions of the Acts Interpretation Act 1958 of
the State of Membership 3.1 A member of
the Association shall be a member in only one of the following five classes
of membership: (a) Individual
Membership, in which one individual natural person is the member, (b) Family
Membership, which shall apply to an individual or to a family of natural
persons, and in which up to two of those persons shall be nominated as
members, with each of those two having the rights and privileges of members, (c) Membership as
a Member Body, which shall be either an incorporated body or an
unincorporated body, but the rights and privileges as a member shall only be
exercised by a single Representative that has been nominated by the Member
Body in writing to the Treasurer, and whose nomination has been received by
him at least twenty-four hours before the meeting or other activity has
begun, and registered in the Register of Members by the Treasurer. (d) Life
Membership, in which the Life Member is an individual natural
person that has been admitted as a member for life by resolution of the
Committee upon the payment to the Association of the fee for a Life
Membership, which shall be twenty times the annual subscription rate for an
Individual Member, or (e) Honorary Life
Membership, in which the Honorary Life Member shall have been an
Honorary Life Member of the Beaumaris Conservation Society at the time of its
incorporation, or an individual natural person that has been recommended by
the Committee, in a citation included in the notice of a General Meeting, to
be admitted as an Honorary Life Member for distinguished services rendered
towards the aim and objectives of the Association, and that has been admitted
as an Honorary Life Member by a resolution of that General Meeting carried by
the vote of a three quarters majority. 3.2 A
person, family or body that was not a member of the Association at the time
of incorporation of the Association, or that was such a member at that time
but has ceased to be a member, shall not be admitted to membership of the
Association, except as an Honorary Life Member, unless: (a) such
a person, family or body applies for membership as provided in Rule 3.3, and (b) admission of that person, family or body has then been
approved by the Committee. 3.3 An
application for membership of the Association shall be made in writing in the
general form set out in Appendix 1, and shall be lodged with the
Treasurer of the Association, together with payment of the subscription
prescribed for the category of membership being sought. The application shall
be accompanied by the details required, under Rule 5.1, to be
kept by the Treasurer. 3.4 As soon as
practicable after the receipt of an application, the Treasurer shall provide the
applicant with a receipt for the subscription money tendered, and refer the
application to the Committee. 3.5 Upon an
application being referred to the Committee, the Committee shall determine
whether to approve or reject the application. The Treasurer shall promptly
inform the applicant of the decision of the Committee, and shall, if the
application is rejected, offer to refund the applicant the subscription money
tendered in exchange for a return of the receipt or a further receipt for the
amount refunded. If the application is approved, the Treasurer shall enter
the applicant’s name and other prescribed details in the Register of Members
kept by him and, upon the name being so entered, the applicant is thereby
admitted to one of the classes of membership of the Association. 3.6 Any
right, privilege, or obligation of a member by reason of that member’s being
a member of the Association is not capable of being transferred or
transmitted to another person or body, and terminates upon cessation of the
membership, whether by death, resignation or other cause. Entrance
Fee and Annual Subscription 4.1 There
shall be no entrance fee required to be paid in addition to the annual
subscription, or the fee for Life Membership, nor is any payment required
from an Honorary Life Member. 4.2 The annual
subscription for each class of membership below in a particular financial
year shall be that most recently set by a resolution of the Annual General
Meeting in a financial year prior to the financial year in question. Until it
has been so set it shall be: Individual
Member: Six dollars Family
Member: Ten dollars Member
Body: Fifteen dollars 4.3 The
annual subscription becomes due and payable on the first day of July in the
financial year in question. Register
of Members 5.1 The
Treasurer shall keep and maintain a Register of Members in which shall be
entered the name, address and, if any, a private and a business telephone and
facsimile number of each member, an electronic mail address and the last
consecutive period, in terms of first and last years for which the member has
been a financial member. No member may vote at
Committee or General Meetings while he refuses, after being requested, to
inform the Treasurer of his address. The Treasurer shall include in the
Register of Members the name, address, and other details as listed above, of
the Representative of each Member Body, and shall keep for each Member Body,
a copy of its Constitution, or if it has no Constitution, a list of its members. 5.2 The
Register of Members shall be available at the address of the Public
Officer for inspection by members by appointment. Termination
of Membership 6.1 Termination
of the membership of an Individual Member shall take effect if: (a) the
member dies, (b) the
Secretary receives written notice from the member that he has resigned, (c) the member
has not paid the annual subscription for the current financial year by the
last day of that year, or (d) the member has been expelled from the Association in
accordance with the provisions of Rule 6.5. 6.2 Termination
of the membership of a Family Member shall take effect if: (a) all
the persons in the family die, (b) the
Secretary receives written notice from the Family Member that they have
resigned, (c) the member
has not paid the annual subscription for the current financial year by the
last day of that year, or (d) the member has been expelled from the Association in
accordance with the provisions of Rule 6.5. 6.3 Termination
of the membership of a Member Body shall take effect if: (a) the
body is dissolved, wound up or otherwise ceases to exist, (b) the
Secretary receives written notice from the Member Body that it has resigned, (c) the member
has not paid the annual subscription for the current financial year by the
last day of that year, (d) the member
has been expelled from the Association in accordance with the provisions of
Rule 6.5 6.4 Termination
of the membership of a Life Member or an Honorary Life Member
shall take effect if: (a) the
member dies, (b) the
Secretary receives written notice from the member that he has resigned, or (c) the member has been expelled from the Association in
accordance with the provisions of Rule 6.5. 6.5 If
the Committee has resolved that a member has, by any act or omission,
disadvantaged the Association to such an extent that it is no longer in the
Association’s best interests that such member should continue to be a member
of the Association, the Committee may, after giving such member a reasonable
opportunity to be heard by the Committee, and to place before it in person or
in writing or both such explanation or other material as the member might
wish, resolve that the member be expelled from the Association. Any such
member so expelled shall be notified by the Secretary in writing of the
resolution for such expulsion within one month thereof and may upon giving
notice in writing to the Secretary within one month of such notification,
appeal to a General Meeting, which meeting shall be called by the Committee,
and be held within three months of the resolution for expulsion. That General
Meeting may confirm or rescind the resolution for expulsion. A Family
Membership is not revoked if a member within that class of membership is
expelled and there is at least one continuing member, but the expelled person
shall not exercise any right or privilege unless that person is re-admitted.
Re-admission of expelled members shall require a resolution of a General
Meeting. In the case of a Life Member or Honorary Life Member, expulsion does
not take effect until ratified by a resolution of a General Meeting, which
shall in the case of an Honorary Life Member require the vote of a three quarters
majority. The prescribed fee originally paid by an expelled Life Member, less
five per cent of the original amount for each completed year of membership,
shall be refunded in writing if a request in writing for such a refund is
received by the Treasurer within three months of the expulsion having been
finally confirmed. Annual
General Meeting 7.1 The
Association shall in each calendar year convene an Annual General Meeting of
its members. 7.2 The Annual General
Meeting shall be held at such time and place as the Committee determines, but
in September, unless the Committee determines otherwise in the twelve month
period before the meeting. 7.3 The
Secretary shall post a notice of and agenda for business of the Annual
General Meeting to all members in the first fourteen days of July, or in the
first fourteen days of such other month, one and not more than one clear
month ahead of the meeting, that the Committee may determine in the twelve
month period before the meeting. 7.4 The Annual
General Meeting shall be specified as such in the notice convening it. 7.5 The
ordinary business of the Annual General Meeting shall be: (a) to
confirm the minutes of the previous general meeting, (b) receive from
the President and from the Treasurer, on behalf of the Committee, reports
upon the transactions of the Association since the previous Annual General
Meeting, (c) to elect the
Officers and Zone Leaders of the Association as prescribed in Rules
14.2 and 14.3, (d) to receive and consider statements submitted by the
Association in accordance with the Act. 7.6 The
Annual General Meeting may transact special business of which notice is given
in accordance with these rules. Ordinary
General Meetings 8 Ordinary
General Meetings of the Association may be held at such times and at such
places as determined by the Committee, and where, but for this clause, more
than fifteen months would elapse between Annual General Meetings, the
President shall convene an Ordinary General Meeting before the expiration of
that period. Special
General Meetings 9.1 The
President shall, on the requisition in writing of one quarter of the total
number of members, convene a Special General Meeting of the Association. 9.2 The
requisition for a Special General meeting shall state the business proposed
to be transacted at the meeting and shall be signed by the members making the
requisition and be sent to the Secretary and may consist of several documents
in a like form, each signed by one or more of the members making the
requisition. 9.3 If the
President does not cause a Special General meeting to be held within one month
after the date on which the requisition is sent to the Secretary, the members
making the requisition, or any of them, may convene a Special General Meeting
to be held not later than three months after that date. 9.4 A
Special General Meeting convened by members in pursuance of these rules shall
be convened in as nearly as possible the same manner as that in which
meetings are convened by the President and all reasonable expenses incurred
in convening the meeting shall be refunded by the Association to the persons
incurring the expenses. Notice of
General Meetings other than the Annual General Meeting 10.1 The Secretary
of the Association shall, at least fourteen days before the date fixed for
holding a General Meeting of the Association, cause to be sent to each member
of the Association at his address appearing in the Register of Members, a
notice stating the place, date and time of the meeting and the nature of the
business to be transacted at the meeting. 10.2 No business
other than that set out in the notice convening the meeting shall be
transacted at the meeting. 10.3 A
member desiring to bring any business before a meeting may give notice of
that business in writing to the Secretary, who shall include that business in
the notice calling the next General Meeting after receipt of the
notice. Proceedings
at General Meetings 11.1 All
business that is transacted at a Special General Meeting and all business
that is transacted at the Annual General Meeting with the exception of that
specially referred to in these rules as being the ordinary business of the
Annual General Meeting shall be deemed to be special business. 11.2 No item of
business shall be transacted at a General Meeting unless a quorum of members
entitled under these rules to vote is present during the time when the
meeting is considering that item. 11.3 One
quarter of the total number of members present in person or ten persons,
whichever is the lesser number, shall constitute a quorum for the transaction
of the business of a General Meeting. 11.4 If, within
half an hour after the appointed time for the commencement of a General
Meeting, a quorum is not present, the meeting if convened as a Special
General Meeting, shall lapse, and in any other case shall stand adjourned to
the same day in the next week at the same time, and (unless another place is
specified by the Chairman at the time of the adjournment or by written notice
to members given before the day to which the meeting is adjourned) at the
same place, and, 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 not less than three) shall be a quorum. 11.5 The
President, or in his absence, a
Vice-President, shall preside as Chairman at each general meeting of the
Association. 11.6 If the
President and the Vice-Presidents are absent from a General Meeting,
the members present shall elect one of their number to preside as Chairman at
the meeting. 11.7 The
Chairman of a General Meeting at which a quorum is present may, with the
consent of the meeting, adjourn the meeting from time to time and place to
place, but no business shall be transacted at an adjourned meeting other than
the business left unfinished at the meeting at which the adjournment took
place. 11.8 Where a
meeting is adjourned for 14 days or more, a like notice of the adjourned
meeting shall be given as in the case of the General Meeting. 11.9 Except as
provided in Rules 11.1 and 11.2, it is not necessary to give notice of an
adjournment or of the business to be transacted at an adjourned meeting. 11.10 A question
arising at a General Meeting of the Association shall be determined on the
voices unless a show of hands or a division is demanded by any member. 11.11 Unless
before or on the declaration of the voices or the show of hands as the case
may be, a division, the results of each of which shall be recorded in the
Minute Book, is so demanded, a declaration by the Chairman that a motion has,
whether on the voices or on a show of hands, been carried or carried
unanimously or carried by a particular majority or lost, and an entry stating
the outcome 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 motion. 11.12 Upon any
question arising at a General Meeting of the Association, a member has one
vote only. 11.13 All votes
shall be given personally, and votes by proxy shall not be permitted. 11.14 A motion shall
not be carried unless a majority of those voting vote in favour of the
motion, and the Chairman shall have a deliberative vote only. 11.15 If at a
meeting a division on any question is demanded by not less than two members,
it shall be taken at that meeting in such manner as the Chairman may direct. 11.16 A division that is demanded on the election of a Chairman or on a
question of an adjournment shall be taken forthwith and a division that is
demanded on any other question shall be taken at such time before the close
of the meeting as the Chairman may direct. Financial
Members 12 A
member other than a Life Member or an Honorary Life Member shall not be a
financial member for a particular financial year until the prescribed annual
subscription for that year has been paid to the Treasurer, and a person that
is not a financial member, or a Representative of a Member Body that is a
financial member, shall not move or second motions or vote at a General
Meeting, nor be an Officer or Zone Leader of the Association. Committee
of Management 13.1 The
affairs of the Association between General Meetings shall be managed by a Committee
of Management constituted as provided in Rule 13.3. 13.2 The
Committee: (a) shall,
subject to resolutions of General Meetings, control and manage the business
and affairs of the Association; (b) may,
subject to these rules, the regulations and the Act, exercise all
such powers and functions as may be exercised by the Association other than
those powers and functions that are required by these rules to be exercised
by General Meetings of the members of the Association; and (c) subject to
these rules, the regulations and the Act, has power to
perform all such acts and things as appear to the Committee to be essential
for the proper management of the business and affairs of the
Association. 13.3 The
Committee shall consist, in terms of the definitions in Rules 14.1 and 14.2,
of the five Officers of the Association and the Zone Leaders. There shall be
eight Zones, except that the number of Zones may be fixed at a number other
than eight, but not greater than ten, for the year in which the Annual
General Meeting is held only, by a resolution of the Annual General Meeting
in that year. 13.4 Each
member of the Committee shall, subject to these rules, hold office from the
close of the Annual Meeting at which his election is declared until the close
of the next Annual General Meeting, but is eligible for
re-election. 13.5 A
Returning Officer, not being a member of the Committee or a candidate for
election to the Committee, shall be appointed by the Committee, and such
Returning Officer need not be a member of the
Association. Officers
of the Association 14.1 The Officers
of the Association shall be: (a) a
President, (b) a Senior
Vice-President, (c) a Junior
Vice-President, (d) a Secretary,
and 14.2 The
Officers shall be financial members of the Association elected at each
Annual General Meeting, in the order in which they are listed in Rule 14.1,
by secret preferential ballot with optional marking of preferences using the
counting method that was prescribed for elections to the Australian House of
Representatives in 1996. Candidates may nominate themselves or be nominated
by a single proposer only. 14.3 The Zone
Leaders of the Association shall be financial members of the
Association, or Representatives of Member Bodies, that are elected,
one for each Zone, by separate successive election by each Annual General
Meeting, immediately after the election of the Office-bearers and by the same
system of ballot and vote counting. If fewer Zone Leaders are elected than
the prescribed number of Zones, or if Zone Leaders subsequently wish to
change to a different Zone, the Committee may allocate a Zone Leader to a
different Zone, or to a group of Zones. The Zone Leaders shall report to the
Committee for responsibilities it assigns to them in their Zone or group of
Zones. Each Zone shall be a contiguous area in which members reside, and its boundaries
shall be determined by the Committee, subject to any resolution of a General
Meeting. 14.4 The
Officers of the Association shall be the Executive Officers of the Committee,
and they may jointly, subject to resolutions of General Meetings and the Committee,
control and manage the affairs of the Association between Committee meetings
but, if some Officers are unavailable, the quorum for such decisions shall be
three Officers, one of whom shall be the President. 14.5 Each
Officer of the Association and each Zone Leader shall, subject to these
rules, hold office from the close of the Annual General Meeting at whch he was elected until the close of the Annual General
Meeting next after the date of his election, but is eligible for
re-election. 14.6 The office of an Officer of the Association or a Zone Leader
shall become vacant if the holder of the office: (a) dies, (b) ceases to
be a member of the Association (a sufficient cause for the vacancy in the
case of an Officer), or a Representative of a Member Body, (c) becomes insolvent under administration within the meaning of
the Companies (Victoria) Code. (d) ails to
attend three consecutive meetings of the Committee following which either the
Committee or a General Meeting resolves that his office be declared vacant,
or (e) resigns his office by notice in writing given to the Secretary. 14.7 If
a casual vacancy occurs in the office of an Officer of the Association or a
Zone Leader it shall be filled on an acting basis by the Committee from among
the members until the next General Meeting, which shall then fill such
vacancy from among the 14.8 An Officer or a Zone Leader may stand for a casual vacancy in
an office without prejudicing the tenure of his office if he is unsuccessful,
but on being elected to that vacant office he shall cease to hold the office
he previously held. 14.9 No person shall hold more than one office
or Zone Leader position concurrently. Proceedings
of the Committee 15.1 The
Committee shall meet at least three times in each year at such places and
such times as the Committee may determine. 15.2 Special
meetings of the Committee may be convened by the President, or requisitioned
by any three members of the Committee by notice in writing addressed to the
Secretary, who shall promptly post a notice of the meeting to Committee members. 15.3 An
absolute majority of the members of the Committee shall constitute a quorum
for the transaction of the business of a meeting of the Committee, but that
quorum shall include either the President or three Officers. 15.4 No
business shall 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 shall stand adjourned to the same place and at the same
hour of the same day in the following week unless the meeting was a Special
Meeting in which case it shall lapse. 15.5 Questions
arising at a meeting of the Committee or of any sub-committee appointed by
the Committee shall be decided by a majority vote on a show of hands, but if
a division is called by any member the results of the division shall be
recorded in the minutes of the meeting. 15.6 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 only and, in the event of an equality of votes on any
question, the question shall be resolved in the negative. 15.7 Notice of
each committee meeting shall be served on each member of the Committee at
least five days before the meeting. 15.8 Subject
to Rule 14.4 the Committee may act notwithstanding any vacancy
on the Committee. Observers 16 Observers
may, at the discretion of the Chairman, but subject to resolutions of the
Committee or a General Meeting, attend and be heard at General and Committee
meetings. The Committee may invite visitors or other suitable persons to
attend General or Committee Meetings as
observers. Secretary 17.1 The Secretary
of the Association shall keep minutes of the resolutions and proceedings of
each General Meeting and each Committee Meeting together with a record of the
names of persons present at committee meetings. 17.2 The
Secretary shall deal with all correspondence concerning the Association and
shall attend to day-to-day matters of administration as directed by the
Committee. 17.3 The
Secretary shall arrange all meetings and notify members of the time, date,
venue and agenda of meetings. Treasurer 18.1 The Treasurer
of the Association: (a) shall
collect and receive all moneys due to the Association and shall not make
payments unless authorized by the Association; and (b) shall keep correct accounts and books showing the
financial affairs of the Association with full details of all receipts and
expenditure connected with the activities of the Association. 18.2 The accounts and books referred to in Rule
18.1 shall be available for inspection by members. 18.3 The Treasurer shall keep the Register of
Members and other information referred to in Rule
5.1. Director 19 The
Committee or the Association may employ one or more persons that are not
members and pay them as it sees fit. The senior ranking of such persons shall
be the Director of the Association and may attend and speak at any meeting
unless the meeting requires that he absent himself from all or part of that
meeting. The Director or other employee shall not vote on any
question. Cheques 20 Each
cheque, draft, bill of exchange, promissory note and other negotiable
instrument shall be signed following authorization by the Committee in each
case by any two of three officers appointed for the purpose by the
Committee. Seal 21.1 The Common
Seal of the Association shall be kept in the custody of the Secretary. 21.2 The
Common Seal shall not be affixed to any instrument except by the authority of
the Committee, and the affixing of the Common Seal shall be attested by the
signatures of either of two members of the Committee, or of one member of the
Committee and the Public Officer of the Association. Referendums 22 A
referendum of all members on any question other than
the alteration of these rules shall be held by postal ballot within 21 days
of the written requisition of one quarter of the financial members, the
Committee, or the President supported by another Officer. If a three-fifths
majority of the votes received within 14 days of posting the ballot-papers is
in favour of the question the result shall be binding unless and until
reversed by a subsequent General Meeting. Notices 23.1 A notice may
be served by or on behalf of the Association upon any member either
personally or by sending it by post to the member at his address shown in the
Register of Members. 23.2 Where
a document is properly addressed, pre-paid and posted to a person as a
letter, the document shall, unless the contrary is proved, be deemed to have
been given to the person at the time at which the letter would have been
delivered in the ordinary course of the post. Dissolution,
Winding Up or Cancellation 24.1 In the event
of the dissolution, the winding up or the cancellation of the incorporation
of the Association, any and all assets remaining after full settlement of all
just debts and liabilities incurred by the Beaumaris Conservation Society
Incorporated shall be given or transferred to some other institution or
institutions having objects similar to the objects of the Beaumaris
Conservation Society Incorporated, which objects shall prohibit the
distribution of its income and property amongst its members to an extent at
least as great as is imposed on the Beaumaris Conservation Society
Incorporated under these rules of incorporation. 24.2 Any
dissolution or winding up of the Association shall be by a vote of its
members at a meeting duly called for the purpose, and the institution or
institutions to which the assets remaining, referred to in Rule 24.1, shall
be given or transferred shall be determined by a resolution carried at that
meeting; but if that meeting does not decide by a majority vote who shall
receive such funds, and provided the requirements of Rule 24.1 are met, the
funds shall be paid to the Port Phillip Conservation
Council Incorporated; except that if that organization declines to
receive the funds, or it no longer exists, the funds shall be paid to the Australian Conservation Foundation Incorporated,
except that if that organization declines to receive the funds, or it no
longer exists, the funds shall be donated to the municipal council that
includes the greatest part of Beaumaris, to spend for conservation
purposes. Custody of
Records 25 Except
as otherwise provided in these rules, the Secretary shall keep in his custody
or under his control all books, documents and securities of
the Association. Funds, and
the Not-for-Profit Basis of the Association 26 The
funds of the Association shall be derived from annual subscriptions, donations
and such other sources as the Committee determines. The funds, income, and
assets of the Association are to be applied solely towards achieving the aim
and objectives of the Association, and are not to be paid or distributed for
their profit to any member or members, or used to give any pecuniary
advantage to any member or members. Nothing in this Clause shall prevent the
re-imbursement to members of out-of-pocket expenses incurred as part of their
activities as members, Officers or Zone Leaders of the
Association. Regulations 27 The
Committee may make serially-numbered Regulations, not
inconsistent with these rules, that shall, upon
being included in minutes confirmed by a subsequent Committee Meeting, have
binding force on the Association, and that may not be altered or rescinded
except by a General Meeting or a referendum. Alteration
of Rules, and Statement of Purposes 28 These Rules
and the Statement of Purposes of the Association shall not be altered except
in accordance with the Act. ---------------------------------------- Appendix
1 Beaumaris
Conservation Society Inc. (Formerly
Beaumaris Tree Preservation Society 1953-70)
Membership
Application The
Treasurer, I apply to
join Beaumaris Conservation Society Inc., for 1996-97*, in the membership
class for which I have entered the subscription payable below. I agree to be
bound by the Rules of the Association for the time being in force. Signature
of Applicant .............................................................................
Date ..................................199 .....
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||