French Marans Club Australia

French Marans Club Australia.

  CONSTITUTION

NAME: The name of the club shall be ' French Marans Club Australia.
(Therein after called the 'the Club
')

PART 1~PRELIMINARY DEFINITIONS

1:1 in these rules

Ordinary Member means a member of the Club who is not an office bearer as referred to in Rule 14/2.

Secretary means

a): the person holding office under these rules as Secretary of this Club, or,

b): if no person holds this position, the Public Officer of this Club.

                          All Meetings are Virtual Meetings

. Special General Meeting means a General Meeting of the Club other than the Annual General Meeting.

The Act means the Associations Incorporation Act 1984 as amended. The Regulations mean the Associations Incorporation Regulation 1994. 1:2 in these rules

a) a reference to a function includes a reference to a power, authority, and duty, and:

                b) a  reference to the exercising of a function includes, if the function is a duty,  a

reference to the performance of that duty.

1:3 The provisions of the Interpretation Act 1987 apply to, and in respect to these rules in the same manner as these provisions would so apply if these rules were an instrument made under the Act.

1:4 in the interpretation of these rules the masculine gender shall also mean the feminine gender and vice versa.

1:5 The object of the Club shall be:

a, The advancement of all that pertains to the  breeding of the French Marans breed of poultry.

b, To extend the membership of the Club and to stimulate the interest of persons in the activities and business of the Club.

c, To arrange and conduct competitions, and public and private exhibitions, real or virtual of French Marans poultry and grant appropriate prizes and trophies.

d, To maintain uniform Standards of Excellence with the view of ensuring competent and consistent judging and thereby encourage breeders to produce stock of first rate quality and in accordance with requirements of the French Standard.

e, To disseminate between members and public generally, an increase in the knowledge of the great merits of the breeds and the pleasure to be derived from intelligent and systematic breeding and to promote good fellowship amongst fellow fanciers.

PART TWO ~ MEMBERSHIP.

2: Qualifications

A person is qualified to be a member of the Club if, and only if,

a) The person is a person referred to in Section 15/1 (a), (b), or (c) of the Act and has not ceased to be a member of the Club at any time after incorporation of the Club under the Act or;

b) The person is a natural person

Who has been nominated for membership of the Club as provided under Rule 3, and

2) Whom the Members of the Club have approved for membership of the Club.

3. Nomination for Membership

1) 1) A nomination of a person for membership of the Club

a) Must be made by the intending new member of the Club in writing or by any electronic form, or by invitation as set out in Appendix 1 of these Rules, and

b) Must be lodged with the Secretary of the Club.

c) As soon as practicable after receiving the application for membership, the Secretary must refer the application to the Membership, which will determine whether to approve or reject the nomination.

d) If the Committee determines to approve a nomination for membership the Secretary must as soon as practicable after that determination, notify the nominee of approval and request the nominee to pay (within the period of twenty eight (28) days after the receipt by the nominee of the notification) the sum payable under these rules by a member as an entrance fee and an annual subscription.

e) The Secretary, must upon payment by the nominee of the amount referred to in Clause 3:3 within the time referred to in that clause, enter the nominees name in the members register, and, on the name being entered, the nominee becomes a member of the Club.

        4 Cessation of Membership

A person ceases to be a member of the Club if that person

a) Dies.

b) Resigns his/her membership.

c) Is expelled from the Club.

                    5 Membership Entitlements Not Transferable

            Membership is a right, privilege, and obligation that a person has by reason of being

           a member of the Club:

a) It is not capable of being transferred or transmitted to another person, and

b) Terminates on cessation of that person's membership.

                  6 Resignation of Membership

A member of the Club is not entitled to resign his/her membership except in accordance with this rule: -

A member of the Club who has paid all due amounts payable by that member to the Club in respect of the members membership may resign that membership by giving the Secretary written or electronic notice of at least one (1) month (or such other period as determined by the membership) of the members intention
1)
to resign and, on the expiration of the period of notice the member ceases to be a member.
2
)
If a member ceases to be a member under clause 6:1 and in every other case where a member ceases to be a member, the Secretary must make the appropriate entry in the Members Register recording the date on which the member ceased to be a member.

                   7 Register of Members

1) The Public Officer of the Club must establish and maintain a Register of Members specifying the name and address of each person who is a member together with the date on which that person became a member.

2) The Registry of Members must be kept at the principal place of administration and must be open to inspection free of charge to any member of the Club.

                  8 Fees and Subscriptions

1) A member of the Club must on admission to membership, pay to the Club $0.00 or, if some other amount is determined by the membership, then that amount.

2) In addition to any other amount payable by the member under clause 8:1 a member of the Club must pay to the Secretary of that Club the sum of $00.00 for ordinary annual membership, or, if some other amount is determined that other amount.

a) As provided by paragraph (b) before the 1st July in each calendar year; or

b)Where a person becomes a member after the 1st July and prior to the 1 st of July in each calendar year.

c) Where a person becomes a member within six months prior to the 1 st   of Ju1y they are not required to pay a renewal subscription the following July.

9 Members Liabilities

The liability of a member of the Club to contribute toward the payment of debts and liabilities of the Club, or of the costs, charges, and expenses of the winding up of the Club is limited to the amount, if any, unpaid by that member in respect to membership as required by Rule 8.

10 Resolutions of Internal Disputes

Disputes between members (in their capacity as members) of the Club and disputes between members and the Club are to be referred to the Community Justices Centre for mediation in accordance with the Community Justices Centres Act 1983.

11 Disciplining of Members

1) Any member of the Club may make a complaint against any other member of the Club. That the member of the Club

a) Has persistently refused or neglected to comply with a provision or provisions of these rules; or

b) Has persistently and wilfully acted in a manner prejudicial to the interests of the Club.

2) On receiving such a complaint the membership

a) Must cause notice of the complaint to be served on the member concerned, and

b) Must give the member at least fourteen (14) days from the time of the notice being served in which to make submissions to the membership in connection with the complaint, and

c) Must take into consideration any submission made by a member in connection with the complaint.

3) The membership may, by resolution, expel the member from Club, or suspend the member from the Club if after considering the complaint and any submission made in

connection with it, the complaint  is proven.

4) If the committee expels or suspends a member, the Secretary must, within seven (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 the members right of appeal under Rule 12.

5) The expulsion or suspension does not take effect

a) Until the expiration of the period that the member is entitled to for an appeal against the resolution concerned or:

b) If within that period the member exercises the right of appeal, unless and until the Club confirm the resolution under Rule 12:4 whichever is the later.

12 Right of Appeal of Disciplined Members

1) A member may appeal to the Club against a resolution of the membership under Rule 11, within seven (7) days after notice of the resolution is served on the member, by lodging a notice to that effect with the Secretary.

2) The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to reply for the purpose of the appeal.

           3) On receipt of a notice from a member under Clause 1 the Secretary must notify the membership to convene a meeting of the Club, which is to be held within twenty-eight (28) days after that date on which the Secretary received the notice

          .1) At a meeting of the Club convened under Clause 3

 a) No other business other than the question of appeal is to be transacted; and

b) The membership and the member must be given equal opportunity to state their respective cases either in writing, or electronically or both, and

c) The membership is to vote by ballot on the question of whether the

resolution should be confirmed or revoked.

5) If at the meeting the Club passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

PART 3 THE COMMITTEE

13 Powers of the Membership

1) The membership is subject to the relevant Acts, Regulations, and Rules; and to any resolution passed by the Club at a meeting.

a) It is to control and manage the affairs of the Club,

2) The membership

a) Has the power to perform all such acts and to do all such things as appear to the membership to be necessary or desirable for the proper management of the affairs of the Club.

b) And such by-laws, repeals, and amendments shall have effect until set aside by the membership.

c) No by-law shall be in conflict with the rules of the Club.

14 Constitution & Membership

The committee, subject to Section 21 of the Act, shall consist of

a) The office bearers of the Club, and

b) All ordinary members.

. The Office Bearers of the Club are to be

a) The President

b) The Public Officer

c) The Secretary

And if and when required

d) The Assistant Secretary

 e) The Show Secretary

 f) The OH&S Officer

 g)The Chief Steward

 h) The Publicity Officer

 i) The Treasurer

 j)Any other Office deemed to be required

Each member of the membership is subject to these rules, and is to hold office until the conclusion of the A.G.M. following the date of the members’ election.

In the event of a casual vacancy occurring the membership may appoint a member to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the A.G.M. following the date of appointment.

15 Election of Members

1) Nominations of candidates for election as office bearers of the Society.

a) Must be made in writing or electronically, signed by two (2) members and accompanied by a written or electronic consent of the candidate (which may be endorsed on the nomination form) and

b) Must be delivered to the Secretary at least fourteen days before the date fixed for the holding of the A.G.M. at which the election will take place. A typed name shall be deemed to be a signature on electronic correspondence in accordance with the Australian Administration Act.

2) If insufficient nominations are received to fill all vacancies, the candidates nominated are taken as being elected and further nominations are to be received at the A.G.M.

3) If insufficient nominations are received to fill all the vacancies, any vacant positions remaining will be taken as casual vacancies.

4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated will be elected.

5) If the number of nominations received exceeds the number of vacancies an election must be held.

6) The ballot for the election of office bearers conducted at the  A.G.M. in such usual and proper manner as the membership may direct.

16 Secretary

1) The Secretary must as soon as practicable after being appointed lodge notice of his/her address with the membership.

2) It is the duty of the Secretary to keep records of

a) All appointments of office bearers.

b) All proceedings at virtual general meetings.

3) Records of proceedings at a meeting must be kept by the Secretary.

4) The Secretary, unless the membership decides otherwise shall be the Public Officer of the Club and his private residence is to be the principal place of administration.

17 Treasurer

It is the duty of the Treasurer to ensure

1) That all monies due to the Club is collected and received and all payments authorised by the membership are made, and

2) That the correct books and accounts are kept, showing the financial affairs of the Club including full details of all receipts and expenditure connected with the activities of the Club.

18 Casual Vacancies

For the purpose of these rules a casual vacancy in the above offices occurs

if the member:

a) Dies, or

b) Ceases to be a member of the Club, or

c) Becomes an insolvent under administration within the meaning of the Corporations law,

j) Or resigns from office by giving notice in writing or electronically to the Secretary, or

e) Is removed from office under Rule 19, or

f) Becomes a mentally incapacitated person, or

g) Fails to vote, without consent of the membership, at all meetings held during a period of six (6) months.

19 Removal of Member

1) The Club, at meeting may by resolution, remove any member from office before the expiration of the members 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.

2) If a member to whom a proposed resolution referred to in Clause 1 relates makes representation in writing to the Secretary or President (not exceeding a reasonable length) and requests that his representations be made known to the members of the Club, the Secretary or the President shall send a copy of the representation to each member electronically so that a resolution can be considered.

20 Meetings & Quorums

1) All meetings shall be virtual meetings convened electronically at such a time as the membership may determine.

2) Additional meetings may be convened by the President, or, by request of any member.

3) Notice of a meeting given under Clause 3 must specify the general nature of the business to be transacted at the meeting and no other business is to be transacted except business, which the members agree to treat as urgent business

5) Fifty-one percent of members constitute a quorum for transaction of any business of a meeting of the membership.

6) No business is to be transacted by the membership unless a quorum is formed. 

7) At a meeting of the membership,

a) The Secretary, or, in the absence of the Secretary, the President is to preside.

b) If the Secretary and the President are absent, or unwilling to act, one of the remaining members may be chosen to preside.

21 Delegations by Members to Working Groups

1) The membership may, by instrument, electronically or in writing, delegate to one or more working groups

(Consisting of such member or members as is thought fit) the exercise of such of the functions of the working group as are specified in the instrument, other than

a) This power of delegation.

b) A function, which is a duty, imposed on the membership by the Act or by any other law.

2) A function that, being delegated to a working group, under this rule, may, while the delegation remains unrevoked, be exercised from time to time by the working group in accordance with the terms of the delegation.

3) A delegation under this section 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.

4) Despite any delegation under this rule, the membership may continue to exercise any function delegated.

5) Any act or thing done or suffered by working group acting in the exercise of a delegation of this rule has the same force and effect as it would if done or suffered by the membership.

6) The membership may, by instrument of writing or electronically, revoke wholly or in part any delegation under this rule.

7) A working group may communicate as it thinks proper.

22 Voting & Decisions

1) Questions arising at a meeting of the membership or working group are to be decided by a majority of votes of the membership or working group participating in the meeting.

2) Each member participating in the meeting of the membership or working group (including the person presiding at the meeting) is entitled to one vote but, in the event of a tied vote on any question, the person presiding may exercise a casting (or second) vote.

3) Subject to Rule 20:5 the membership may act despite there being any vacancy position.

4) Any act or thing done or suffered or purported to have been done or suffered, by the membership, or by the working group appointed by the membership, is valid and effective despite any defect that may afterward be discovered in the appointment or qualification of any member of the membership or working group.

PART FOUR ~ GENERAL MEETINGS

23 Holding of Annual General Meetings

1) With the exception of the first A.G.M. of the Club, at least once each calendar year and within six (6) months of the expiration of the financial year the Club must convene an A.G.M. of its members.

2) The Club must hold its first A.G.M.

a) Within the period of eighteen (18) months after incorporation under the Act, and

b) Within six (6) months of the expiration of the first financial year of the Club.

3) Clauses 1 & 2 have effect subject to any extension or permission granted by the Commissioner under Section 26:3 of the Act.

24 A.G.M. Calling of business at

1) The A.G.M. of the Club is, subject to the Act and to Rule 23, to be convened on such date and place as the membership sees fit.

2) In addition to any other business that may be transacted at an A.G.M. the business is to include the following

a) To confirm the minutes of the last preceding A.G.M. and of any Special General Meeting held since that meeting

              b) To receive from the membership reports of the Club’s activities during the preceding financial year

c) To elect office bearers

d) To receive and consider the statement which is required to be submitted to members under Section 26:6 of the Act.

3) An A.G.M. must be specified as such in the notice convening it.

             25 Calling of Special General Meetings

1) The membership may, whenever it thinks fit, convene a special general meeting of the Club.

2) The membership must, on the requisition in writing of at least 25% of the total number of members, convene a special general meeting of the Club.

3) A requisition from members

a) Must state the purpose or purposes of the meeting, and

b) Must be signed, electronically, by all members making the requisition, and

c) Must be lodged with the Secretary, and

d) May consist of several documents in a similar form, each signed by one or more of the members seeking the special general meeting.

4) If the membership fails to convene, a special general meeting is to be held within one (1) month after that date of 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 three (3) months after that date.

5) A special general meeting convened by a member or members as referred to in Clause 4 must be convened as nearly as practicable in the same manner as general meetings are convened by the membership, and any member who incurs expenses is entitled to be reimbursed by the Club for any expenses incurred.

26 Notice

1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution the Secretary must, at least fourteen (14) days before the fixed date for the holding of the meeting, cause to be sent by electronic or postal mail to each member at the members email or postal address appearing in the members register, a notice specifying the date, and time of the meeting and the nature of the business proposed to be transacted at the meeting.

2) If the nature of the business proposed to be dealt with requires a special resolution, the Secretary must, at least twenty one (21) days before the date fixed for the holding of the general meeting, cause to be sent to each member in the manner required under Clause 26:1 specifying in addition to the material required under Clause 26:1 the intention to propose the resolution as a special resolution.

3) No business other than that specified in the notice convening the general meeting is to be transacted at the meeting, except in the case of an A.G.M., business which may be transacted under Clause 24:2

4) A member desiring to bring any business before a general meeting may give notice electronically or in writing of that business to the Secretary who must include it in the next notice calling a general meeting given after receipt of the notice from the member.

        27 Procedure

1) No item of business is to be transacted at a general meeting unless a quorum of members (51% of membership) vote during the time the meeting is considering that item.

2) Fifty-one percent  (51%) of members (being members entitled to vote under these rules at a general meeting) constitute a quorum for the transaction of business at the meeting.

3) If within a specified time, 51% of the membership does not cast a vote, a quorum is deemed not to present at the meeting and

a) If convened on the requisition of members, is to be dissolved, and

b) In any other case, is to stand adjourned.

4) If at any adjourned meeting a quorum is not present within the specified time commencement of the meeting, 25% of members voting are deemed to constitute a quorum.

               28 Presiding Member

1) The Secretary, and in the absence of the Secretary, the President, is to preside as chairperson at each general meeting of the Society.

2) If the Secretary and the President are absent or unwilling to act, the members are to select

one of their number to preside as chairperson at the meeting.

29 Adjournment

1) The chairperson of a general meeting at which a quorum is present may with the consent of the majority present, 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 adjourned meeting.

2) If a general meeting is adjourned for fourteen (14) days or more the Secretary must give electronic or written or oral notice of the adjourned meeting to each member stating the, time and day of the meeting and the nature of the business to be transacted at the meeting.

3) Except as provided in Clause 1 & 2 notice of an adjourned general meeting or of the business to be transacted at an adjourned meeting is not required.

30 Making of Decisions

1) A question arising at a general meeting is to be determined  by an electronic vote recorded in favour of or against the resolution.

2) At a general meeting a poll may be demanded by the chairperson or by at least three (3) persons participating in the meeting.

3) If a poll is demanded at a general meeting, the poll must be taken

                a) Immediately in the case of a poll which relates to the election of a chairperson of the meeting or the question of an adjournment, or

b) In any other case, in such a manner and at such time before the close of the meeting on that matter.

31 Special Resolution

A resolution of the Club is a special resolution

a) If it is passed by a majority which comprises at least 75% of such members being entitled under the rules to vote in person or proxy at a general meeting of which at least twenty one (21) days written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or

b) Where it is made to appear to the Commissioner that it is not practicable for the resolution to be passed in the manner specified in paragraph a) if the resolution is passed in the manner specified by the Commissioner.

32 Voting

1) On any question arising at a general meeting a member has one vote only.

2) All votes must be made personally or by proxy but no member shall hold more than five (5) proxies.

3) In the case of an equality of votes on a question, the President is entitled to a casting vote.

4) A member or proxy is not entitled to vote at any general meeting unless all and any monies due and payable by the member are paid, other than the amount of the annual subscription payable in respect to the current year.

33 Appointment of Proxies

1) Each member is entitled to appoint another member as proxy by notice given to the Secretary no later than twenty-four (24) hours before the time of the meeting in respect of which the proxy is appointed.

2) This notice appointing a proxy is to be given on the form set out in appendix 2 of these rules.

PART 5 ~ MISCELLANEOUS

34 Insurance

1) The Club shall effect and maintain insurance as the membership sees fit.

 35 Funds ~ Source of

1) The funds are to be derived from annual subscriptions from members, donations, and, subject to any resolution passed in general meeting, such other sources the membership determines.

2) All monies received must be deposited as soon as practicable and without deduction to the credit of the Club in their bank account.

3) The Club must, as soon as practicable after receiving any monies issue an appropriate receipt.

36 Funds Managementent    

1) Subject to any resolution passed by         the Club     in general meeting, the funds are to be used in pursuance of the objectives of the Club in such a manner as determined by the membership.

2) All cheques, drafts, bills of exchange, promissory notes and any other negotiable instrument, must be signed by two of any three members authorised to do so.

37 Alterations of Objects & Rules

The statement of objects and these rules can be changed, altered, rescinded or added to only by a

special resolution of the Club.

38 Common Seal

Deleted

39 Custody of Books

Except as otherwise provided by these rules, the Public Officer must keep in his custody or under his control all records, books, and other documents relating to the Club.

40 Inspection of Books

The books, records and other documents of the Club must be open for inspection, free of charge, to any member, at any reasonable hour.

41 Service of Notices

1) For the purpose of these rules a notice may/be served by or on behalf of the Club on any member, either personally, electronically or by sending it to the members address as listed in the register of members.

2) If a document is sent to a person in a proper manner the document is, unless the contrary is proved, for the purpose of these rules, to have been served on the person at the time at which the letter would have been delivered in the ordinary course of events.

42 Dissolution of Society

1) A motion may be bought forward by any member of the Club for the cessation of the Club’s activities

a) A member desiring to bring forward such a motion must give electronic or written notice to the Secretary who must include that motion in the next notice calling a general meeting given after receipt of the notice of motion.

b)  For the notice to become effective, it must be carried by at least three quarters of the Club members voting personally or by proxy.

2) If upon the winding up of the Club there remains after the satisfaction of all debts and liabilities any property whatsoever, the property

a) Must not be distributed among the members

b) Must be given or transferred to some recognised charitable body

3) The members are to decide who shall receive the Club’s largesse following a membership recommendation. In the event that more than one option exists the decision shall be made by-ballot in accordance with Rule 32

43 Judges & Awards

The Judges, of any Club show, physical or virtual, will be elected annually and shall place their awards according to the French Marans Standard, the Australian Standard of Perfection, and other Standards as shall be considered relevant. The French Marans Standard shall take precedence over all others.

44 Member Classifications

1) The Society shall comprise of Members, Life Members.

a) Life Members may only be elected at the A.G.M. of the Club and must be elected by at least three quarters of the votes cast in accordance with Rule 32. 1) A member elected to life membership shall be entitled to all the privileges of membership.

2) The membership may from time to time as it sees fit, subject to Rule 44: l(a) provide for different classes of members and membership.

4) The membership must investigate, any recommendation

of the types of membership pursuant to Rule 4:  1a & b.

 45  Members bound by these Rules

Every member must be bound by, and submit to, the Rules and By-laws of the Club.

The Bye - laws of

                        French Marans Club Australia.

1 Definitions

a) The Club shall mean the French Marans Club Australia ,

b) A bye - law shall be a regulation made by the membership for the necessary management and efficient working of the Club.

c) A member shall be a duly elected member who is financial within the rules and by-laws.

2 Use of Name of the Club

No member shall use the name of the Club in connection with any function without

the authority of the membership.

3 Annual Shows

a) No member shall be entitled to compete for trophies or cash prizes unless their subscription for the current year has been previously paid.

b) Trophies or cash prizes donated by members or friends shall be competed for in accordance with conditions as stipulated by such donors and approved by the membership.

c) Donors of special prizes of any value may nominate when such prizes are to be competed for.

d) The show shall adopt the French Standards of Perfection as approved by the Club. Official Judges are to be instructed by this rule to place their awards accordingly.

e) The holders of trophies while in competition will find a security for their safe keeping and return to the society prior to the next awarding of the trophy.

4 Show Secretary

a) The Show Secretary shall be elected in accordance with the rules of the Club.

b) They must be in control of any show conducted by the Club.

c) The Show Secretary is responsible for the efficient operation of the show, from the receiving of entries, setting up, and cleaning of pens following the completion of the show.

d) They will work in conjunction with the Secretary & Treasurer.

e) They will operate within the rulings of the membership and in turn be fully supported by the membership in the performance of the job.

5 Membership

a) Any person who is not financial as per Rule 8 is by that fact alone debarred from holding office or in any way participating in any function of the Club and from the benefits conferred until their re-admission is approved by the membership.

b) Each member of the Club shall be given on payment of their first subscription.

1) A copy of the Rules of the Constitution, a copy of the Bye-Laws and a copy of the French Marans Standard

c) Should any member lose their copy or require another copy they will be supplied at an overall net cost.

d) It is the duty of all members to preserve their copy so given and be familiar with the contents and to affix any amendments or new by-laws that from time to time may occur.

6 Location of the Club

                            Being a virtual Club it will have no fixed location.

3. Nomination for Membership

1) 1) A nomination of a person for membership of the Club

a) Must be made by the intending new member of the Club in electronically or in writing and

b) Must be lodged with the Secretary of the Club.

c) As soon as practicable after receiving the application for membership, the Secretary must refer the application to the membership which will determine whether to approve or reject the nomination.

d) If the membership determines to approve a nomination for membership the Secretary must as soon as practicable after that determination, notify the nominee of approval and request the nominee to pay (within the period of twenty eight (28) days after the receipt by the nominee of the notification) the sum payable under these rules by a member as an entrance fee and an annual subscription.

e) The Secretary, must upon payment by the nominee of the amount referred to in Clause 3:3 within the time referred to in that clause, enter the nominees name in the members register, and, on the name being entered, the nominee becomes a member of the Club.

        4 Cessation of Membership

                       A person ceases to be a member of the Club if that person

a) Dies.

b) Resigns his/her membership.

c) Is expelled from the Club.

                    5 Membership Entitlements Not Transferable

            Membership is a right, privilege, and obligation that a person has by reason of being

           a member of the Club:

a) It is not capable of being transferred or transmitted to another person, and

b) Terminates on cessation of that person's membership.

                  6 Resignation of Membership

A member of the Club is not entitled to resign his/her membership except in 

 accordance with this rule :-

2) A member of the Club who has paid all amounts payable by that member to the

3) Club in respect of the members membership may resign that membership by giving the Secretary electronic or written notice of at least one (1) month (or such other period as determined by the committee) of the members intention to resign and, on the expiration of the period of notice the member ceases to be a member.

2) If a member ceases to be a member under clause 6:1 and in every other case where a member ceases to be a member, the Secretary must make the appropriate entry in the Members Register recording the date on which the member ceased to be a member.

                   7 Register of Members

1) The Public Officer of the Society must establish and maintain a Register of Members specifying the name and physical or electronic address of each person who is a member together with the date on which that person became a member.

2) The Registry of Members must be kept at the principal place of administration, deemed to be the residence of the Public Officer, and must be open or available to inspection free of charge to any member of the Club.

                  8 Fees and Subscriptions

1) A member of the Club must on admission to membership, pay to the Club $0.00 or, if some other amount is determined by the committee, then that amount.

2) In addition to any other amount payable by the member under clause 8:1 a member of the Club must pay to the Secretary of that Club the sum of $0.00 for ordinary annual membership, or, if some other amount is determined that other amount.

a) As provided by paragraph (b) before the 1st July in each calendar year; or

b) Where a person becomes a member after the 1st July and prior to the 1 st of July in each calendar year.

c) Where a person becomes a member within six months prior to the 1 st   of Ju1y they are not required to pay a renewal subscription the following July.

9 Members Liabilities

The liability of a member of the Club to contribute toward the payment of debts and liabilities of the Club, or of the costs, charges, and expenses of the winding up of the Club is limited to the amount, if any, unpaid by that member in respect to membership as required by Rule 8.

10 Resolution of Internal Disputes

Disputes between members (in their capacity as members) of the Club and disputes between members and the Club are to be referred to the Community Justices Centre for mediation in accordance with the Community Justices Centres Act 1983.

11 Disciplining of Members

1) A member’s complaint made against any other member to the effect that the member

a) Has persistently refused or neglected to comply with a provision or provisions of these rules; or

b) Has persistently and wilfully acted in a manner prejudicial to the interests of the Club.

2) On receiving such a complaint the membership

a) Must cause notice of the complaint to be served on the member concerned, and

b) Must give the member at least fourteen (14) days from the time of the notice being served in which to make submissions to the membership in connection with the complaint, and

c) Must take into consideration any submission made by a member in connection with the complaint.

3) The membership may, by resolution, expel the member from membership, or suspend the member from membership if after considering the complaint and any submission made in connection with the complaint have been proven.

4) If the membership expels or suspends a member, the Secretary must, within seven (7) days after the action is taken cause electronic or written notice to be given to the member of the action taken, of the reasons given by the membership for having taken that action and the members right of appeal under Rule 12.

5) The expulsion or suspension does not take effect

a) Until the expiration of the period that the member is entitled to for an appeal against the resolution concerned or:

b) If within that period the member exercises the right of appeal, unless and until the Club confirm the resolution under Rule 12:4 whichever is the later.

12 Right of Appeal of Disciplined Members

1) A member may appeal to the Club at a general meeting against a resolution of the membership under Rule 11, within seven (7) days after notice of the resolution is served on the member, by lodging a notice to that effect with the Secretary.

2) The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to reply for the purpose of the appeal.

 3) On receipt of a notice from a member under Clause 1 the Secretary must notify the membership to convene a general meeting of the Club which is to be held within  twenty eight (28) days after that date on which the Secretary received the notice.

4) At a general meeting of the Club convened under Clause 3

a) No other business other than the question of appeal is to be transacted; and

b) The membership and the member must be given equal opportunity to state their respective cases either electronically or in writing, or both, and

c) The members present are to vote by electronic ballot on the question of whether the resolution should be confirmed or revoked.

5) If at the general meeting the Club passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

PART 3 THE COMMITTEE

The membership shall constitute the committee of the Club

13 Powers of the Committee

1) The membership is to be subject to the Act, the Regulations, and these Rules and to any resolution passed by the Club at a general meeting. It

a) Is to control and manage the affairs of the Club, and

b) May exercise all such functions as may be exercised except those functions that are required by these rules to be exercised by a general meeting of members of the Club.

2) The membership

a) Has the power to perform all such acts and to do all such things as appear to them to be necessary or desirable for the proper management of the affairs of the Club.

b) And such by-laws, repeals, and amendments shall have effect until set aside by a general meeting.

c) No by-law shall be in conflict with the rules of the Club.

14 Constitution & Membership

The committee, subject to Section 21 of the Act, shall consist of

a) The office bearers of the Club, and all ordinary members.

. The Office Bearers of the Club are to be

a) The President

b) The Secretary

c) The Treasurer

d) The Public Officer

e) Any other position deemed necessary

Each member of the membership is subject to these rules, and is to hold office until the conclusion of the A.G.M. following the date of the member election.

In the event of a casual vacancy occurring in the membership of the committee they may appoint a member to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the A.G.M. following the date of appointment.

15 Election of Members

1) Nominations of candidates for election as office bearers of the Society

a) Must be made in electronically or in writing, signed by two (2) members and accompanied by a written consent of the candidate (which may be endorsed on the nomination form) and

b) Must be transmitted or delivered to the Secretary at least fourteen days before the date fixed for the holding of the  A.G.M. at which the election will take place.

2) If insufficient nominations are received to fill all vacancies, the candidates nominated are taken as being elected and further nominations are to be received at the A.G.M.

3) If insufficient nominations are received to fill all the vacancies, any vacant positions remaining will be taken as casual vacancies.

4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated will be elected.

5) If the number of nominations received exceeds the number of vacancies an election must be held.

6) The ballot for the election of office bearers conducted at the A.G.M. in such usual and proper manner as the membership may direct.

16 Secretary

1) The Secretary must as soon as practicable after being appointed lodge notice of his/her address with the membership.

2) It is the duty of the Secretary to keep minutes of

                  a) All appointments of office bearers and members.

    b) All proceedings at general meetings.

17 Treasurer

It is the duty of the Treasurer to ensure

1) That all monies due to the Club is collected and received and all payments authorised by the membership are made, and

2) That the correct books and accounts are kept, showing the financial affairs of the Club including full details of all receipts and expenditure connected with the activities of the Club.

18 Casual Vacancies

For the purpose of these rules a casual vacancy of an office bearer occurs

if the member:

a) Dies, or

b) Ceases to be a member of the Club, or

c) Becomes an insolvent under administration within the meaning of the Corporations law,

d) Or resigns from office by notice in writing given to the Secretary, or

e) Is removed from office under Rule 19, or

f) Becomes a mentally incapacitated person, or

g) Is absent without consent of the membership fails to cast a ballot on Club business for a period of six (6) months.

19 Removal of Member

1) The Club, in general meeting may by resolution, remove any member from office before the expiration of the members 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.

2) If a member to whom a proposed resolution referred to in Clause 1 relates makes representation in writing to the Secretary or President (not exceeding a reasonable length) and requests that his representations be made known to the members of the Club, the Secretary or the President may send a copy to each member in order that the resolution be considered.

20 Meetings & Quorums

All meeting will be virtual meetings conducted electronically

      51% of members shallconstitute a quorum for transaction of any business of a meeting.

6) No business is to be transacted unless a quorum votes within the proscribed time frame given, if a quorum is not established the meeting is to stand adjourned to another time.

7) If at the adjourned meeting a quorum is still not established   the meeting is to be dissolved and the business lapse.

 

21 Delegation by Membership to Working Groups

1) The membership may, by instrument in writing or electronically, delegate to one or more working groups

(Consisting of such member or members as thought fit) the exercise of such of the functions of the membership as are specified in the instrument, other than

a) This power of delegation.

b) A function that is a duty imposed on the Club by the Act or by any other law.

2) A function that has been delegated to a working group under this rule remains until such time as the delegation is revoked.

3) A delegation under this section 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.

4) Despite any delegation under this rule, the membership may continue to exercise any function delegated.

5) Any act or thing done or suffered by working group acting in the exercise of a delegation of this rule has the same force and effect as it would if done or suffered by the membership.

6) The membership may, electronically or by writing, revoke wholly or in part any delegation under this rule.

7) A working group may meet, communicate and adjourn as it thinks proper.

22 Voting & Decisions

1) Questions arising at a meeting of the membership or of any working group are to be decided by a majority of votes of members of the membership or working group present at the meeting.

2) Each member present at the meeting of the membership or working group (including the person presiding at the meeting) is entitled to one vote but, in the event of a tied vote on any question, the person presiding may exercise a casting (or second) vote.

3) Subject to Rule 20:5 the membership may act despite any vacancy being in existence.

4) Any act or thing done or suffered or purported to have been done or suffered, by the membership or working group appointed by the membership is valid and effective despite and defect that may afterward be discovered in the appointment or qualification of any member of the membership or working group.

PART FOUR ~ GENERAL MEETINGS

23 Holding of Annual General Meetings

1) With the exception of the first A.G.M. of the Club, at least once each calendar year and within six (6) months of the expiration of the financial year the Club must convene an A.G.M. of its members.

2) The Club must hold its first A.G.M.

a) Within the period of eighteen (18) months after incorporation under the Act, and

b) Within six (6) months of the expiration of the first financial year of the Society.

3) Clauses 1 & 2 have effect subject to any extension or permission granted by the Commissioner under Section 26:3 of the Act.

 24 A.G.M. Calling of business at

1) The A.G.M. meeting of the Club is, subject to the Act and to Rule 23, to be convened on such date and manner as the membership sees fit.

2) In addition to any other business that may be transacted at an A.G.M. the business is to include the following

a) To confirm the minutes of the last preceding A.G.M. and of any Special General Meeting held since that meeting

b) To receive from the membership reports of the activities during the preceding financial year

c) To elect office bearers.

d) To receive and consider the statement which is required to be submitted to members under Section 26:6 of the Act.

3) An A.G.M. meeting must be specified as such in the notice convening it.

             25 Calling of Special General Meetings

1) The membership may, whenever it thinks fit, convene a special general meeting of the Club.

2) The membership must, on the requisition in writing of at least 25% of the total number of members, convene a special general meeting of the Club.

3) A requisition from members

a) Must state the purpose or purposes of the meeting, and

b) Must be signed by all members making the requisition, and

c) Must be lodged with the Secretary, and

d) May consist of several documents in a similar form, each signed by one or more of the members seeking the special general meeting.

4) If the membership fails to convene, a special general meeting is to be held within one (1) month after that date of 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 three (3) months after that date.

5) A special general meeting convened by a member or members as referred to in Clause 4 must be convened as nearly as practicable in the same manner as general meetings are convened by the committee and any member who incurs expenses is entitled to be reimbursed by the Society for any expenses incurred.

26 Notice

1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution the Secretary must, at least fourteen (14) days before the fixed date for the holding of the meeting, cause to be sent electronically or by pre paid mail to each member at the members electronic or postal address appearing in the members register, a notice specifying the date of the meeting and the nature of the business proposed to be transacted at the meeting.

2) If the nature of the business proposed to be dealt with requires a special resolution, the Secretary must, at least twenty one (21) days before the date fixed for the holding of the general meeting, cause to be sent to each member in the manner required under Clause 26:1 specifying in addition to the material required under Clause 26:1 the intention to propose the resolution as a special resolution.

3) No business other than that specified in the notice convening the general meeting is to be transacted at the meeting, except in the case of an A.G.M., business which may be transacted under Clause 24:2

4) A member desiring to bring any business before a general meeting may give notice electronically or in writing of that business to the Secretary who must include it in the next notice calling a general meeting given after receipt of the notice from the member.

        27 Procedure

1) No item of business is to be transacted at a general meeting unless a quorum is present during the time the meeting is considering that item.

2) Fifty-one percent (51%) members (being members entitled to vote under these rules at a general meeting) constitute a quorum for the transaction of business at the meeting.

3) If a quorum is not established by the designated time at general meeting the meeting

a) If convened on the requisition of members, is to be dissolved, and

b) In any other case, is to stand adjourned to the same time and same place (unless another place is specified by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned)

4) If at any adjourned meeting a quorum is not present, the members present (being at least 25% of the membership is to constitute a quorum.

               28 Presiding Member

1) The Secretary, and in the absence of the Secretary, the President, is to preside as chairperson at each general meeting of the Society.

2) If the Secretary and the President are absent or unwilling to act, the members are to select

one of their number to preside as chairperson at the meeting.

29 Adjournment

1) The chairperson of a general meeting at which a quorum is present may with the consent of the majority present, adjourn the meeting from time to time, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the adjourned meeting.

2) If a general meeting is adjourned for fourteen (14) days or more the Secretary must give electronic, written or oral notice of the adjourned meeting to each member stating the, time and day of the meeting and the nature of the business to be transacted at the meeting.

3) Except as provided in Clause 1 & 2 no notice is required to be given of an adjourned general meeting or of the business to be transacted at an adjourned meeting.

30 Making of Decisions

1) A question arising at a general meeting is to be determined by an electronic vote and an entry to that effect in the minute book is evidence of fact without proof of the number or proportion of the vote recorded in favour of or against the resolution.

31 Special Resolution

A resolution of the Club is a special resolution

a) If it is passed by a majority which comprises at least three (3) quarters of such members being entitled under the rules to vote in person or proxy at a general meeting of which at least twenty one (21) days electronic or postal notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or

b) Where it is made to appear to the Commissioner that it is not practicable for the resolution to be passed in the manner specified in paragraph a) if the resolution is passed in the manner specified by the Commissioner.

32 Voting

1) On any question arising at a general meeting a member has one vote only.

2) All votes must be given personally or by proxy but no member shall hold more than five (5) proxies.

3) In the case of an equality of votes on a question, the chairperson is entitled to a casting vote.

4) A member or proxy is not entitled to vote at any general meeting unless all and any monies due and payable by the member are paid, other than the amount of the annual subscription payable in respect to the current year.

33 Appointment of Proxies

1) Each member is entitled to appoint another member as proxy by notice given to the Secretary no later than twenty-four (24) hours before the time of the meeting in respect of which the proxy is appointed.

2) This notice appointing a proxy is to be given on the form set out in appendix 2 of these rules.

PART 5 ~ MISCELLANEOUS

34 Insurance

1)  The  Club  shall effect and maintain insurance as deemed required.

.

 35 Funds ~ Source of

1) The funds are to be derived from annual subscriptions from members, donations, and, subject to any resolution passed in general meeting, such other sources the committee determines.

2) All monies received must be deposited as soon as practicable and without deduction to the credit of the Club in their bank account.

3) The Club must, as soon as practicable after receiving any monies issue an

appropriate receipt.

36 Funds Management    

1) Subject to any resolution passed by         the Club     in general meeting, the funds are to be used in pursuance of the objectives of the Club in such a manner as determined by the committee.

2) All cheques, drafts, bills of exchange, promissory notes and any other negotiable instrument, must be signed by two of any three members of the membership authorised to do so.

37 Alterations of Objects & Rules

The statement of objects and these rules can be changed, altered, rescinded or added to only by a special resolution of the Society.

38 Common Seal

Deleted

39 Custody of Books

Except as otherwise provided by these rules, the Secretary must keep in his custody or under his control all records, books, and other documents relating to the Club.

40 Inspection of Books

The books, records and other documents of the Club must be open for inspection, free of charge, to any member, at any reasonable hour.

41 Service of Notices

1) For the purpose of these rules a notice may/be served by or on behalf of the Club on any member, either personally, electronically or by sending it by post to the members address as listed in the register of members.

2) If a document is sent to a person is properly addressed the document is, unless the contrary is proved, for the purpose of these rules, deemed to have been served on the person at the time at which the notice would have been delivered in the ordinary course of events.

42 Dissolution of Society

1) A motion may be bought forward by any member of the Club for the cessation of the Club’s activities

a) A member desiring to bring forward such a motion must give electronic or written notice to the Secretary who must include that motion in the next notice calling a general meeting given after receipt of the notice of motion.

b) For the notice to become effective, it must be carried by at least three quarters of the Club members voting personally or by proxy.

2) If upon the winding up of the Club there remains after the satisfaction of all debts and liabilities any property whatsoever, the property

a) Must not be distributed among the members

b) Must be given or transferred to some recognised charitable body

3) The members are to decide who shall receive the Societies largesse. In the event that more than one option exists the decision shall be made by-ballot in accordance with Rule 32

43 Judges & Awards

The judges will be elected annually and shall place their awards according to the French Marans Standard.

44 Member Classifications

1) The Society shall comprise of Members and Life Members.

a) Life Members may only be elected at the A.G.M. of the Club and must be elected by at least three quarters of the votes cast in accordance with Rule 32. 1) a member elected to life membership shall be entitled to all the privileges of membership.

3) The membership may from time to time as it sees fit, subject to Rule 44: l(a) provide for different classes of members.

4) The membership must have the right, and must investigate, any recommendation

pursuant to Rule 44: l a & b.

 45 Members bound by these Rules

Every member must be bound by, and submit to, the Rules and By-laws of the Club.

The By - laws of

                     French Marans Club Australia.

1 Definitions

a) The Club shall mean the French Marans Club Australia.

b) A by - law shall be a regulation made by the membership for the necessary management and efficient working of the Club.

c) A member shall be a duly elected member who is financial within the rules and by-laws.

2 Use of Name of the Club

No member shall use the name of the Club in connection with any function without

the authority of the membership.

3 Annual Shows

a) No member shall be entitled to compete for trophies or cash prizes unless their subscription for the current year has been previously paid.

b) Trophies or cash prizes donated by members or friends shall be competed for in accordance with conditions as stipulated by such donors and approved by the committee.

c) Donors of special prizes of any value may nominate when such prizes are to be competed for.

d) The show shall adopt the French Standard of Perfection as approved by the SCAF. Official Judges are to be instructed by this rule to place their awards accordingly.

e) The holders of trophies while in competition will find a security for their safe keeping and return to the Club prior to the next awarding of the trophy.

4 Show Secretary

a) The Show Secretary shall be elected at the A.G.M. in accordance with the rules of the Club.

b) They must be in control of any show conducted by the Club.

c) The Show Secretary is responsible for the efficient operation of the show, from the receiving of entries, setting up, and cleaning of pens following the completion of the show.

d) They will work in conjunction with the Secretary and the Treasurer.

e) They will operate within the rulings of the Club and in turn be fully supported by the membership in the performance of their duties.

5 Membership

a) Any person who is not financial as per Rule 8 is by that fact alone debarred from holding office or in any way participating in any function of the Club and from the benefits conferred until the membership approves their re-admission.

b) Each member of the Club shall be given on payment of their first subscription

1) A copy of the Rules of the Constitution, and

2) A copy of the Bye-laws.

3) A copy of the official French Marans Standard

c) Should any member lose their copy or require another copy they will be supplied at an overall net cost.

d) It is the duty of all members to preserve their copy so given and be familiar with the contents and to affix any amendments or new by-laws that from time to time may occur.

6 Location of the Club

The Club being a virtual club shall have no physical location.



 
Make a Free Website with Yola.