CHEQUES

31. AII Cheques, Drafts, Bills of Exchange, Promissory Notes and other negotiable instruments shall be signed by any two Executive Officers of the Committee.

SEAL

32. (I) The Common Seal of the Association shall be kept in the custody of the Secretary.

(2) The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the authorising of the Common SeaI shall be attested by the signatures either of two Executive Officers or of one Executive Officer and the Public Executive Officer of the Association.

ALTERATIONS OF RULES AND STATEMENT OF PURPOSES

33. These Rules and the Statement of Purposes of the Association shall not be altered except in accordance with the Act (*iv).

NOTICES

34. (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.

(2) Where a document is properly addressed prepaid and posted to a member 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 post.

WINDING UP OR CANCELLATION

35. (1) In the event of the winding up or the cancellation of the incorporation of the Association, the assets of the Association shall be disposed of in accordance with the provisions of the Act. (*v)

(2) The organisation shall be dissolved in the event of membership of less than four (4) persons or upon the vote of a the majority of members at a "Special General Meeting" convened to consider such question:

(3) Upon the resolution being passed in accordance with Sub-Rule (2) of this rule, all assets and funds of the Association on hand shall, after the payment of all expenses and liabilities, be handed over to such registered or exempted charity (or Charities / Associations) as a simple majority of the members at a "Special General Meeting" so convened, or a subsequent "Special General Meeting" may decide.

(iv) Part 3, Rule 24 of the Act provides that an Incorporated Association may, by Special resolution, alter its Statement of purposes or its rules.

Part 1 of the Act defines a Special Resolution.

(v) See Part 5 of the Act for Winding Up and Cancellation.

CUSTODY OF RECORDS

36. 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

37. The funds of the Association shall be derived from Annual subscriptions, donations and such other sources as the Committee determines.

AUDITORS

39. The Association must, after the end of the financial year of the Association:

(1) Cause the accounts in respect to the financial year to be prepared.

(2) Cause the accounts to be audited by:

(a) two members of the Association appointed at the Annual General Meeting, or by
(b) a registered company auditor, a firm of registered company auditors, a person who is a member of the Australian Society of Certified Practising Accountants or The Institute of Chartered Accountants in Australia.

ELECTION OF EXECUTIVE OFFICERS/OFFICERS AND VACANCY

23. (1) Nominations of Candidates for Election as Executive Officers or Officers:-

(a) shall be made in writing signed by two members of the Association and accompanied by the written consent of the Candidate which may be endorsed on the Nomination Form prescribed in Appendix 2; and

(b) shall be delivered to the Secretary of the Association not Iess than 7 days before the date fixed for the holding of the Annual General Meeting.

(2) If insufficient nominations to fill all vacancies on the Committee, the Candidates nominated shall be deemed to be elected and further nominations shall be received at the Annual General Meeting.

(3) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.

(4) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.

(5) The ballot for the election of members of the Committee shall be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.

24. For the purposes of these rules, the office of an Officer of the Association becomes vacant if the Officer :-

(a) ceases to be a member of the Association;
(b) becomes an insolvent under administration within the meaning of the Companies (S. A.) Code; or
(c) resigns his office by notice in writing given to the Secretary.

LIFE MEMBERS.

27. Ordinary Members who have rendered outstanding service to the Association may, upon a resolution being passed by the Committee at a meeting held at least twenty one (21) days before the date of the Annual General Meeting and at which at least two thirds of the Committee are present be nominated to the Annual General Meeting for election as a Life Member. Election to Life Membership of the Association shall be by the vote of a majority of not less than two thirds of the members in attendance at the Annual General Meeting provided that the Number of Life Members shall not exceed ten (10) at any one time and further provided that no more than one member shall be elected as a Life Member in any one year. Life Membership Nomination Form is prescribed in Appendix 3.

28. The rights, privileges and obligations of a member elected as a Life Member shall not be disturbed by election to that class, save and except that he shall not be liable to pay any Annual Subscription to the Association.

PROCEEDINGS OF COMMITTEE

29. (1) The Committee shall meet at least three (3) times in each year at such place and such times as the Committee may determine.

(2) Special Meetings of the Committee may be convened by the President or by any six (6) of the members of the Committee.

(3) Notice shall be given to members of the Committee of any Special Meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.

(4) Any six (6) members of the Committee constitutes a quorum for the transaction of the business of a meeting of a Committee.

(5) No business shall be transacted 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 be 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 lapses.

(6) At the meeting of the Committee:

(a) the President or in his absence the Vice President shall preside; or
(b) if the President and the Vice President are absent, one of the remaining members of the Committee may be chosen by the members present who shall preside.

(7) Questions arising at a meeting of the Committee or of any sub committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, a poll taken in such a manner as the person presiding at the meeting may determine.

(8) Each member present at a meeting of the Committee or of any sub commiftee appointed by the Committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

(9) Written notice of each Committee meeting shall be served on each member of the Committee by delivering it to him at a reasonable time before the meeting, or by sending it prepaid post addressed to him at his usual or last known place of abode at least twenty one (21) business days before the date of the meeting.

(10) Subject to Sub Rule (4) the Committee may act not withstanding any vacancy on the Committee.

SECRETARY

28. The Secretary of the Association shall keep minutes of the resolutions and proceedings of each General Meeting and each Committee Meeting in books provided for that purpose together with a record of the names of persons present at Committee Meetings.

The Secretary of the Association shall maintain a Assets Register listing all property of the Association.

TREASURER

29. (1) The Treasurer of the Association:-

(a) shall collect and receive all monies due to the Association and make all payments authorised 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 Expenditures connected with the activities of the Association.

(2) The accounts and books referred to in Sub-Rule (1) shall be available for inspection by members.

REMOVAL OF A OFFICER OF THE COMMITTEE

30. (1) The Association in General Meeting may by resolution remove any member of the Committee before the expiration of his term of office and appoint another member in his stead to hold office until the expiration of the term of the first mentioned member.

(2) Where the member to whom a proposed resolution referred to in Sub-Rule (1) makes representation in writing to the Secretary or the President of the Association (not exceeding a reasonable length) and requests that the written submission be notified to members of the Association, the Secretary or the President may send a copy of the representation to each member of the Association or, if they are not sent, the member may require that the written submission be read out at the meeting.

ANNUAL GENERAL MEETING

9.  
(1) The Association shall in each calendar year convene an Annual General Meeting of its members. 
(2) The Annual General Meeting shall be held on such day as the Committee determines. 
(3) The Annual General Meeting shall be specified as such in the notice convening it. 
(4) The Ordinary Business of the Annual General Meeting shall be:

  1. to confirm the minutes of the preceding Annual General Meeting and of any Special General Meeting held since that meeting.
  2. to receive from the Committee reports upon the transactions of the Association during the preceding Financial Year.
  3. to elect the Officers and Members of the Committee; and
  4. to receive and consider the Financial Statement submitted by the Treasurer

(5) The Annual General Meeting may transact Special Business of which notice is given in accordance with these rules.
(6) The Annual General Meeting shall be in addition to any other General Meetings that may be held in the same year.

SPECIAL GENERAL MEETING

9. AII General Meetings other than the Annual General Meeting shall be called Special Meetings.

I0.
(1) The Committee may, whenever it thinks fit, convene a Special General Meeting of the Association and, where, but for this Rule, more than 15 months would lapse between Annual General Meetings, shall convene a Special General Meeting before the expiration of that period.

(2) The Committee shall, on the requisition in writing of members representing not less than 5% of the total number of members, convene a Special General Meeting of the Association.

(3) The requisition for a Special General Meeting shall state the Objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in a like form, each signed by one or more of the members making the requisition.

(4) If the Committee 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 3 months after that date.

(5) A Special General Meeting convened by members in pursuance of these Rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring the expenses.

NOTICE OF MEETING

11. The Secretary of the Association shall, at least 21 days before the date fixed for holding a General Meeting or a Special 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 by Pre-Paid Post stating the place, date and time of that meeting and the nature of the business to be transacted at the meeting.

(*I) Section 30 of the Act provides that an Incorporated Association shall, at least once in each financial calendar year, convene a General Meeting, to be called an Annual General Meeting.

PROCEEDINGS AT MEETINGS

12. (1) All business that is transacted at a Special General Meeting and all business transacted at the Annual General Meeting, with the exception of that specifically referred to in these Rules as being the Ordinary Business of the Annual General Meeting, shall be deemed to be Special Business.

(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.

(3) 15 members personally present (being members entitled under these rules to vote at a General Meeting) constitutes a quorum for the transaction of the business of a General Meeting.

(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 not convened upon the requisition of members shall be dissolved and in any case shall stand adjourned to the same day in the next week (unless another place is specified by the Chairperson 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 the 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 8) shall be a quorum.

13. (1) The President, or in his absence, the Vice President, shall preside as chairperson at each General Meeting of the Association.

(2) If the President and the Vice President are absent from a General Meeting, the members present shall elect one of their number to preside as Chairperson at the meeting.

14. (1) The Chairperson 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.

(2) 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.

(3) Except as provided in Sub Rules (1) and (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.

15. A question arising at a General Meeting of the Association shall be determined in a show of hands and unless, before or on the declaration of the show of hands, a poll is demanded, a declaration by the Chairperson that a resolution has, on a show of hands, been carded unanimously or carded by a particular majority or lost, and 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.

16. (1) Upon any Question at a General Meeting of the Association, a member has one vote only.

(2) All votes shall be given personally or by a Proxy appointed in accordance with Rule 19.

(3) In the case of an equality of voting on a question, the Chairperson of the meeting

17. (1) If, at a meeting a poll on any question is demanded by not less than three members, it shall be taken, at that meeting in such a manner as the Chairperson may direct, and the resolution of the poll shall be deemed to be the resolution of the meeting on that question.

(2) A poll that is demanded on the election of a Chairperson or on a question of an adjournment shall be taken forthwith, and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairperson may direct.

18. A member is not entitled to vote at any General Meeting unless all monies due and payable by him to the Association have been paid, other than the amount of the Annual Subscription payable in respect of the current Financial Year.

19. (1) Each member shall be entitled to appoint another member as his Proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the Proxy is appointed. .

(2) The notice appointing the Proxy shall be made using the form prescribed by Appendix 4.

 POWERS

20. For the purpose of carrying out its objects, the Association may, subject to the Association Incorporation Act 1985 and its rules:

(1) Acquire, hold, deal with, and dispose of, any real or personal property (Refer to Rule 28).

(2) Open and operate bank accounts.

(3) Invest its money as directed by members at a General Meeting.

CHEQUES

21. All Cheques, Drafts, Bills of Exchange, Promissory Notes and other negotiable instruments shall be signed by any two Executive Officers of the Committee.

COMMITTEE OF MANAGEMENT

22. (1) The affairs of the Association shall be managed by a Committee of Management constituted as provided in Rule 2I.

(2) The Committee:-

(a) shall control and manage the business and affairs of the Association.

(2) Each Executive Officers of the Committee shall, subject to these rules, hold office until the Annual general Meeting next after the date of his election but is eligible for election. .

(3) In the event of a casual vacancy occurring in the office of an Officer of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold that office, subject to these rules, until the conclusion of the Annual General Meeting next following the date of his appointment.

REGISTER OF MEMBERS AND ASSOCIATE MEMBERS

5. (1) The Secretary shall keep and maintain a Register of Members in which shall be entered the full name, address, Regimental Number, current or last unit in which served that would entitle membership under Rule 3 and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Secretary.

(2) The Secretary shall keep and maintain in the Register of Members a list of Associate Members where shall be entered their full name, address, the date of entry for each Associate Member and the name of the member (or deceased member) that would as a relative entitle Associate Membership under Rule 3A: The register shall be available for inspection by members at the address of the Secretary.

RULES BINDING ON A MEMBER

5A. A member of any classification agrees that by-virtue of membership of the Association that member shall be bound by these rules and the By-Laws.

CESSATION OF MEMBERSHIP

6. (1) A right, privilege, or obligation of a member terminates upon the person ceasing to be a member whether by death or resignation or otherwise.

(2) A member who after receiving two notices of Annual Dues owing does not pay those AnnuaI Dues by 30th September in that year ceases to be a member of the Association.

(3) Upon the expiration of a notice given under Sub-Rule (1), the Secretary shall mark in the Register of Members an entry recording the date of which the member by whom the notice was given ceased to be a member.

DISCIPLINARY POWER OF THE COMMITTEE AND APPEALS ARISING THERE FROM

7. (1) If in the opinion of the Committee a member:

(a) has wilfully refused or neglected to comply with the provisions of the rules of the Association or the By Laws;
(b) has been guilty of conduct unbecoming a member;
(c) has been guilty of conduct prejudicial to the interests of the Association; or
(d) has been convicted of any serious criminal offence, that the Committee, subject to this rule; may resolve to impose a penalty upon him.

(10) The substance and decision of the meeting referred to in Sub-Rule 7 (2) shall be be recorded in the minutes of the meeting and written notices, submissions and other correspondence relevant to the meeting shall be attached to and form part of the minutes which shall be confirmed within 7 days of the meeting by its Chairman.

(11) Within 14 days after the Committee has passed a resolution pursuant to Sub- Rule 7 (9), the Secretary shall in writing, notify the member concerned of the precise terms of the resolution and of the provisions of Rule 7A.

APPEALS

7A. (1) A person aggrieved by a resolution of the Committee passed pursuant to Rule 7 may appeal to a Special General Meeting of the Association by notice in writing.

(2) The appeal shall be addressed to and lodged with the Secretary together with the amount of $50.00, within 28 days after the date upon which the resolution of the Committee was notified in writing to the person lodging the appeal, otherwise it shall not be treated as valid.

(3) The appeal statement, lodged by the aggrieved person, is to include the aspect as part of the Committee's resolution which gave rise to the appeal, the grounds for appeal and the facts upon which it relies.

(4) Upon an appeal, together with the sum of $50.00 being lodged with the Secretary in accordance with Sub-Rule 7 A (2), the resolution of the Committee passed in pursuant of Rule 7 shall be stayed until the appeal is concluded, abandoned or discontinued.

(5) The Special General Meeting of the Association shall: .

(a) hear and determine an appeal pursuant to this rule as•soon as possible after receipt by the Secretary of the documents specified in Sub-Rule 7A (3); and
(b) the Secretary shall cause to give to the member concerned not Iess than 28 days notice in writing of the date, time and place of the meeting of the SpeciaI General Meeting at which the appeal will be heard.

(6) Upon the hearing of an appeal pursuant to this rule, the members shall have a personal right of audience only at the said meeting and that he may not be represented there by any person.

(7) The Special General Meeting shall make its decision based on the information presented at the hearing and that decision shall be final.

(8) The Special General Meeting may also make such order as it sees fit as to the manner in which the sum of $50.00 be treated.