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RECOMMENDED RULES
FOR AN INCORPORATED CLUB AFFILIATED
WITH THE VICTORIAN CANINE ASSOCIATION
INC.,
NAME
-
The name of the incorporated association is Collie Club of
Victoria Inc (in these Rules called the Club)
INTERPRETATION
2. (1) In these Rules, unless the contrary intention appears:
Act means the Association Incorporation Act
1981 and amendments
Application for
Membership includes application for re-admission to
membership.
Association has
the same meaning as is ascribed to that word by Section 3(1)
of the Associations
Incorporation act 1981 which, inter alia, includes a Club.
Body means where
the context reasonably admits, a Club, Society, Association,
Company or group of
persons.
By-Laws means
the By Laws in force for the time being of the Club and shall
form part of and be
deemed to be incorporated in the Rules of the Club.
Clause
means a provision of the Rules and where the context so admits
includes a paragraph or sub-paragraph thereof.
Club
for the purpose of these Rules, has the same meaning as is
ascribed to the word Association by Section 3(1) of the
Associations Incorporation Act 1981.
Committee means
the Committee of Management of the Club and includes Officers of
the Club and ordinary members of the Committee unless the Rules
specifically provide
otherwise.
Dual Member
means one of any two members of the one family resident at the
same address or one of any two of the persons who are partners in
the conduct of a kennel having a kennel prefix in their joint
names registered with the VCA Inc who has been admitted with the
other of such persons as a dual member of the Club.
Exhibition
includes a Canine Show, Canine Exhibition, Canine Parade, Gundog
Trial and Test, Canine Competition, Display, Obedience Trial and
Tracking Trial, Non- Slip Retrieving Trial, Agility Trial,
Sledding, Weight Pulling, Contest, Match or similar event.
Financial Member
means a member of the Club who shall not be in default in the
payment of the annual subscription of any fees or other monies
payable in accordance with the Rules. Unfinancial shall have the
opposite meaning.
Financial Year
means the financial year of the Club as defined.
Honorary Member
means a person who upon the recommendation of the Committee or
upon a written nomination signed by not less than five members is
elected by a resolution passed in general meeting by a majority of
not less than three-fourths of the members voting in person
thereat as an Honorary Member for such period as may be so
determined and who in the opinion of such meeting has rendered
outstanding services to the Canine Fancy or to the Club of for
other good and sufficient reason and who need not comply with the
provisions of Clause 3(1) and shall in addition have the rights
and privileges of a financial member, but shall not be entitled to
vote at general meetings or hold office, unless a majority of
members otherwise decides.
Insolvent under
administration in relation to a member of the Committee of
Management has the same meaning as that given to those words by
Section 5(1) of the Companies (Victoria) Code.
Junior Member
means a member under the age of sixteen years.
Life Member
means a member who has been admitted to the Club as a member for
life, whether upon payment of a subscription or without payment of
a subscription as may be determined by the members from time to
time.
Member means a
person who has been admitted as an ordinary or dual or Life member
of the Club and where the context otherwise so admits, shall
include a person admitted to any other category of membership and
the word Member where the context so admits, shall mean and
include persons who have been admitted to any category of
membership.
Office
means the Office of the Club, and shall be a place as determined
from time to time, at which the records of the Club are to be
kept.
Office Bearers
means the President, the Vice Presidents, Treasurer, Secretary,
and Public Officer, and such other nominated positions as referred
to in Clause 23 and the By Laws for the time being of the Club.
Period of Membership
in relation to a member, denotes the twelve months terminating at
midnight on the 30th of September each year for which
such member is for the time being elected or admitted to
membership of the Club or such portion of that term during which
the membership continues.
Person where the context reasonably
permits, includes an individual, a firm or partnership, a company
or corporation, or any other legal entity.
Public Officer
means the person referred to as such in Section 24 to 28 inclusive
of the Associations Incorporation Act 1981 and whose statutory
duties are set out in Sections 13, 22(2), 26. 28(1), 38(2), 30(4),
47(5) and 47(6) of that Act
Registered means
breeds and breed varieties of dogs for which a separate register
is kept by the Victorian Canine Association Inc.
Regulations mean either the Associations Incorporation
Regulations 1993 of the Regulations of the VCA Inc, as
specifically referred to in either case in the Rules of the Club.
Rules means the
Rules for the time being of the Club and includes its By Laws.
Secretary means
the Honorary Secretary or Secretary of the Club and, where the
context reasonably permits, includes the Assistant Secretary and
any other person for the time being appointed by the Committee to
exercise the functions of the Secretary.
VCA Inc means
the Victorian Canine Association Inc.
Writing includes
printing and roneo and any other like recognized means of
communication or of reproducing words in a visible form.
(2) In these Rules, a
reference to the Secretary of an 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
(3) Words or expressions
contained in these Rules shall be interpreted in accordance with
the Interpretation of Legislation Act 1984 and the Ace as in force
from time to time, and in accordance with the Constitution, Rules
and Regulations of the VCA Inc.
APPLICATION FOR
MEMBERSHIP
3 (1) A natural person
owning a pure bred dog or interested in any of the activities
referred to in the Statement of Purposes of the
Club who is nomination and approved for membership as
provided in these Rules is eligible to be a member of the Club on
payment of the entrance fee and annual subscription payable under
these Rules.
(2) A person who is not a
member of the Club at the time of the incorporation of
the Club (or who was such
a member at that time but has ceased to be a member) shall not
be admitted to membership unless nominated as provided
in Sub Clause (3) and the
admission as a member is approved by the Committee.
(3) An application for membership shall be in such
form as the Committee may
from time to time prescribe and shall be signed
by the applicant (and the
nominee where the form so provides) and lodged
with the Secretary of the
Club accompanied by the fees prescribed in Clause
4.
(4) The Secretary shall submit such application to the
next meeting of the
Committee for approval.
(5) Upon a nomination being referred to the Committee,
the Committee shall
determine whether to approve or to reject the
nomination.
(6) Upon a nomination being approved by the Committee,
the Secretary shall
enter the nominees name in the register of
members and upon the name
being so entered, the nominee becomes a member
of the Club.
(7) A right, privilege, or obligation of a person by
reason of membership of the
Club, is not capable of being transferred or
transmitted to another person.
(8) A member may within thirty days after the end of
the Clubs financial year,
make application to the Club for re-admission as
a member and upon payment
of the annual subscription shall be deemed for all
purposes to have been re-
admitted as a member.
(9) A member, upon election to any category of
membership, shall strictly
observe and act in conformity with an not
otherwise than in accordance with
the Act and the Rules and By-Laws of the Club and
the Constitution and Rules
and Regulations of the VCA Inc.
ANNUAL SUBSCRIPTION
AND JOINING FEE
4.
Subject to notice of motion first being given by Resolution
of the Committee, the members in General Meeting at any time and
from time to time may fix
the amount of the annual
subscription payable by each category of membership and may in
like manner determine that a membership joining fee shall be paid
and the amount thereof.
REGISTER OF MEMBERS
5.
The Secretary shall keep and maintain a register of members
in which shall be
entered the full name,
address and date of entry of the name of each member
and the register shall be
available for inspection by members at General Meetings.
CLASSIFICATION OF
MEMBERS
6.
Membership of the Club may be in any of the following
categories:
(a)
Member, Ordinary
(b)
Dual Member
(c)
Life Member
(d)
Honorary Member
(e)
Junior Member
(f)
Any other class of Member
PRIVILEGES OF
MEMBERSHIP
7. (1) Subject to the restrictions and limitation prescribed by or
pursuant to the Act,
Rules and By-Laws of the Club, privileges of a member
shall be:
(a)
upon application and payment of the prescribed fee (if
any), to the
Secretary to receive a
copy of the Rules and By-Laws of the Club;
(b)
the right to attend and vote at all general meetings of the
Club; subject
to the conditions of
Clause 27(2) and 27(3);
(c)
to submit as a candidate for any Office of the Club and/or
Committee
subject to the conditions
of Clause 27(2) and 27(3);
(d)
to receive any publications issued by the Club, upon
payment of the
prescribed fee, (if any);
(e)
to compete for prizes (including trophies), available for
members of the
Club when exhibiting or
competing at any exhibition conducted by the Club.
(2) A junior member shall be entitled to take part in the
proceedings of a general meeting but shall not be eligible to vote
and shall not be eligible to hold office as an Office Bearer or an
ordinary member of the Committee, but shall be entitled to
exercise all other privileges of membership.
RESIGNATION AND
EXPULSION OF MEMBER
8. (1) A member shall cease to be
a member of the Club
(a)
upon the termination of the period of membership, (whether
by effluxion
of time or otherwise),
unless re-admitted pursuant to Clause 3(8) as a member
of the Club for a further
period of membership;
(b)
if the member resigns by notice in writing addressed to the
Secretary pursuant
to Sub-Clause (3);
(c)
if the member dies:
(d)
if the annual subscription for the forthcoming financial
year has not been paid
in accordance with Clause
3(8);
(e)
if pursuant to the Rules the member is expelled from the
Club:
(f)
if as a member of the VCA Inc, is disqualified or suspended
by the VCA Inc. for any period for which suspension or
disqualification applies
(2)
Should any person cease to be a member of the Club for any reason
whatsoever the person shall not be entitled to the return of the
membership fees or any part thereof.
(3)
A member of the Club who has paid all moneys due and payable to
the Club may resign from the Club by first giving notice in
writing to the Secretary of such resignation.
(4)
Upon the receipt of a notice given under Sub-Clause (3) the
Secretary shall make in the register of members an entry recording
the date on which the member by whom the notice was given ceased
to be a member.
9,(1) Subject to these Rules, the Committee may be resolution:-
(a)
expel a member from the Club:
(b)
suspend a member from membership of the Club for a
specified period: or
(c)
fine a member in accordance with Regulation 14 of the
Association Incorporation Act.
if the Committee is of the opinion that the member
(i)
has refused or neglected to comply with these rules: or
(ii) has been guilty of
conduct unbecoming a member or prejudicial to the
interest of the Club.
9(2)
A Resolution of the Committee under Sub-Clause (1):-
(a)
does not take effect unless the Committee at a meeting held
not earlier than 14
and not later than 28
days after the service on the member of a notice under
Sub Clause (3) confirms
the resolution in accordance with this Clause: and
(b)
where the member exercises a right of appeal to the Club
under this Clause,
does not take effect
unless the Club confirms the resolution in accordance
with this Clause.
9(3)
If the Committee passes a resolution under Sub-Clause (1), the
Secretary shall, as soon as practicable, cause to be served on the
member a notice in writing:-
(a)
setting out the resolution of the Committee and the grounds
on which it is
based
(b)
stating that the member may address the Committee at a
meeting to be held
not earlier than 14 and
not later than 28 days after service of the notice:
(c)
stating the date, place and time of that meeting:
(d)
informing the member that they m ay do one or more of the
following:
(i)
attend that meeting:
(ii)
give to the Committee before the date of that meeting a
written
statement seeking the
revocation of the resolution: and
(iii)
not later than 7 days before the date of the meeting, lodge
with the
Secretary a notice to the
effect that they wish to appeal to the
Club in general meeting
against the resolution.
9(4) At a meeting of the Committee held in accordance with
Sub-Clause (2), the Committee:-
(a)
shall give the member an opportunity to be heard
(b)
shall give due consideration to any written statement
submitted by the member: and
(c)
shall by resolution determine whether to confirm or to
revoke the resolution.
(d)
9(5)
Where the Secretary receives a notice under Sub-Clause (3)
(d)(iii) the Secretary shall notify the Committee and the
Committee shall convene a general meeting of the Club to be held
within 21 days after the date on which the Secretary received the
notice.
9(6)
At a general meeting of the Club convened under Sub-Clause (5):-
(a)
no business other than the question of the appeal shall be
transacted:
(b)
the Committee may place before the meeting details of the
grounds for the
resolution and the
reasons for the passing of the resolution;
(c)
the member shall be given an opportunity to be heard; and
(d)
the members present shall vote by secret ballot on the
question whether the
resolution should be
confirmed or revoked.
9(7) If at the general meeting:-
(a)
three-fourths of the members vote in person in favor of the
confirmation of
the resolution, the
resolution is confirmed; and
(b)
in any other case, the resolution is revoked.
ANNUAL GENERAL MEETING
10,(1) The Club shall in each calendar year convene an annual
general meeting of its
members
10
(2) The annual general meeting shall be held on such date and
time, and at such venue
as the committee determines.
10(3) The annual general meeting shall be specified as such in the
notice convening it
10(4) The ordinary business of the annual general meeting shall
be:
(a)
to confirm the minutes of the last preceding annual general
meeting and of
any general meeting held
since that meeting:
(b)
the appoint a Returning Officer, where necessary, and at
least two scrutineers
pursuant to Clause 25(6);
(c)
to receive from the Committee reports upon the transactions
and activities of
the Club during the last
preceding financial year;
(d)
to elect Officers of the Club and the ordinary members of
the committee;
(e)
receive and consider the statement submitted by the Club in
accordance with
Section 30(3) of the act;
and
(f)
to appoint an auditor pursuant to Clauses 33.34 and 35.
10(5) The annual general meeting may transact a special business
of which notice is given in accordance with these Rules.
10(6) The annual general meeting shall be in addition to any other
general meetings that may be held in the same year.
11(1) The notice convening the annual general meting shall be
given to each member not less than thirty days before the date of
the meeting and shall be accompanied by a form of Nomination of
Committee of Management, (see Clause 25(1)(a). Such notice shall
specify the business to be conducted at the meeting in accordance
with Clause 10(4) and (5).
11(2) The signature to the notice convening the annual general
meeting may be written, stamped, impressed, typed or printed.
11(3) Notice of an annual general meeting and the form of
Nomination of Committee of Management shall be deemed to have been
given to each member if they are published in, or enclosed with
the Clubs newsletter or journal or such other publications as the
Club may circulate to its members provided that such publication
is dispatched to each member not less than 30 days prior to the
date of the annual general meeting or if they are served
personally not less than 28 days prior to the date of that meeting
or if they are sent through the post not less than 30 days prior
to the meeting addressed to each member at the address shown in
the Register of Members. A notice and form of Nomination of
Committee of Management sent to one of a dual membership shall be
deemed to have been given to each of such members.
11(4) A notice sent by post to a member shall be deemed to have
been received at the time at which the notice would have been
delivered in the ordinary course of post.
11(5) the accidental omission to give notice to a member, or if a
member shall fail to receive a notice sent in accordance with
Sub-Clause (3), shall not invalidate an annual general meeting.
SPECIAL GENERAL
MEETINGS
12.
All general meetings other than the annual general meeting shall
be called special general meetings.
(1)
The committee may, whenever it thinks fit, convene a
special general meeting
of the Club and where,
but for this Sub-Clause, 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 to the Club
(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 address of 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,
and the Secretary shall
for that purpose, if requested by such members, furnish to them or
otherwise make available a list of names and addresses of all
members entitled to attend a special general meeting.
(5)
A special general meeting convened by members in pursuance
of these Rules
shall be convened in the
same manner as nearly as possible to that in which those meetings
are convened by the Committee and all reasonable expenses incurred
in convening the meeting shall be refunded by the Club to the
persons incurring the expenses.
ADJOURNMENT OF
MEETING
14.(1) If at a special general meeting or at a Committee or
Sub-Committee meeting a
quorum shall not be present after the expiration of
thirty minutes from the
appointed time thereof, the meeting shall there upon
be adjourned in accordance
with Clause 15 (5)
14
(2) A special general meeting of members or a meeting of members
of a Committee
or of a Sub-Committee shall have the power to adjourn
its proceedings from
time to time for any period not exceeding at any one
time, one month
PROCEEDINGS AT ALL
MEETINGS OF MEMBERS
15.(1) All business that is transacted at a special general
meting and all business that is
transacted at the annual general meeting with the
exception of that specially
referred to in Clause 10(4) as being the ordinary
business of the annual general
meeting shall be deemed to be special business.
15(2) Representation by proxy including voting by proxy is
expressly precluded.
15(3) 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.
15(4) 15 members personally present (being members entitled
under these Rules to
vote at a general meeting) constitute a quorum for the
transaction of the
business of a general meeting.
15(5) If within half a hour after the appointed time for the
commencement of a
general meeting, a quorum is not present, the meeting
is convened upon the
requisition of members under Clause 12 (4) and (5)
shall be dissolved 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
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 with half an hour after the time
appointed for the
commencement of the meeting, the members present
(being not less than 15)
shall be a quorum.
16.(1) The President, or in the Presidents absence, a Vice
President shall preside as
Chairperson at each general meeting of the Club.
16
(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.
17,(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.
17
(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.
17
(3) Except as provided in Sub-Clauses (1) and (2), it is not
necessary to give notice
of an adjournment or of the business to be transacted
at an adjourned meeting.
18. A question arising at a general meeting of the Club
shall be determined on 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 carried or carried unanimously or carried
by a particular majority or
lost, and an entry to that effect in the minute book
of the club is evidence of the
fact, without proof of the number or proportion of the
votes recorded in favor of,
or against, that resolution.
19.(1) Upon any question arising at a general or committee
meeting of the Club
a member has one vote only. A dual membership shall
be entitled to one
vote for each member of the dual membership.
19
(2) All votes shall be given personally, except as provided for
in Clause 25(5) (b)
19
(3) In the case of an equality of voting on a question, the
Chairperson of the
meeting is entitled to exercise a second or casting
vote.
20.(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
manner as the Chairperson
may direct and the resolution of the poll shall be
deemed to be a resolution of
the meeting on that question.
20
(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.
21. A member is not entitled to vote at any general meeting
unless all moneys due
and payable by the
member to the Club have been paid, other than the amount
of the annual
subscription payable in respect of the current financial year.
COMMITTEE OF
MANAGEMENT
22.(1) The affairs of the Club shall be managed by a Committee of
Management
constituted as provided in Clause 24 (1).
22.(2) The Committee:
(a)
shall control and manage the business and affairs of the
Club
(b)
may, subject to these Rules, the Regulations and the Act,
exercise all
such powers and functions
as may be exercised by the Club other than
those powers and
functions that are required by these Rules to be
exercised by general
meetings of the members of the Club; 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 Club.
23,(1) The Officers of the Club shall be:
(a)
a President
(b)
a Vice-President
(c)
a Treasurer
(d)
a Secretary
(e)
a Public Officer (refer Section 26 of the Act): and
(f)
such other Officers as required
23
(2) The provisions of Clause 24 so far as they are applicable and
with the necessary
modification apply to and in relation to the election
of persons to any of the
offices mentioned in Clause 23 (1).
23
(3) Each Officer of the Club shall hold office until the annual
general meeting next
after the date of their election but is eligible for
re-election.
23
(4) In the event of a casual vacancy in any office referred to in
the Clause 23(1),
the Committee may appoint one of its members to the
vacant office and the
member so appointed may continue in office until the
annual general meeting
next following the date of appointment.,
24.(1) Subject to Section 23 of the Act, the Committee shall
consist of:
(a)
The officers of the Club: and
(b)
8 ordinary members of committee; each of whole shall be
members of the
VCA Inc.
24
(2) each ordinary member of the Committee shall, subject to these
Rules, hold office
until the annual general meeting next after the date
of the members election but
is eligible for re-election.,
24
(3) In the event of a casual vacancy occurring in the office of
an ordinary member of
the Committee, the Committee may appoint a member of
the Club to fill the
vacancy and the member so appoints shall hold office,
subject to these Rules,
until the annual general meeting next following the
date of appointment.
ELECTION OF COMMITTEE
OF MANAGEMENT
25.(1) Nomination of candidates for
election as Officers of the Club or as ordinary
members of the Committee:
(a)
shall be made in writing in such form as the Committee
shall
prescribe, signed by one
member of the Club and accompanied by the
written consent of the
candidate (which may be endorsed on the form
of nomination); and
(b)
shall be delivered to the Secretary of the Club not less
than 21 days
before the date fixed for
the holding of the annual general meeting.
25
(2) If insufficient nominations are received 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 subject to
each nominee consenting to
such nomination.
25
(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.
25
(4) If the number of nominations exceeds the number of vacancies
to be filled, a
ballot shall be held, for the purpose of Clause
25(5)(b) the Secretary shall, upon
closure of nominations of candidates for election to
the Committee of
Management when a ballot becomes necessary under this
Clause, send forthwith
to all members entitled to vote a list of all
nominations in alphabetical order in
respect of each position on the Committee of
Management for which they have
been nominated.
25
(5) The election of the Office Bearers and ordinary members of
the Committee shall
be by ballot:
(a)
cast by members present at the annual general meeting and
eligible to
vote thereat:
(b)
notwithstanding Clause 25(5)(a), any member who is entitled
to vote
at the annual general
meeting, but unable to attend shall be entitled to
apply to the Secretary
for a postal vote. Application for a postal vote
must be in writing and
lodged with the Secretary fourteen days prior to
the annual general
meeting. Within seven days the Secretary in the
presence of the President
and one other Committee member appointed
by the Committee will
forward an initialed ballot paper to each applicant
and record their names.,
Members to whom ballot papers are posted will
under no circumstances be
given a second ballot paper. Completed ballot
papers are to be returned
to the Returning Officer or the Secretary in
envelopes endorsed
Ballot Papers. These envelopes shall be handed
(unopened) to the
Returning Officer officiating at the poll.
25
(6) For the purposes of the ballot, a Returning Officer shall be
appointed at the
general meeting of members immediately preceding the
annual general meeting
or as the second item of business of the annual
general meeting, and not less than
two scrutineers shall be appointed by the members at,
and as, the second item of
business of the annual general meeting.
25
(7) Each member wishing to participate in the ballot shall strike
out from the ballot
paper all names in excess of the number of positions
vacant and ballot papers
containing a greater or lesser number of candidates to
be elected shall be invalid.
25
(8) After the appointment of the Returning Officer and the
scrutineers the Returning
Officer and the scrutineers shall count the postal
votes returned in accordance
with Clause 25 (5) and the votes cast by members in
accordance with Clauses
25 (5) and 25 (7).
25
(9) The Returning Officer shall declare the result of the ballot
immediately after the
votes have been counted and in the event of an
equality of votes in favor of any
candidate which could affect the election of a
candidate the members at the
annual general meeting shall elect one of such
candidates to fill the vacancy for
which he was nominated by a Resolution passed by a
simple majority of members
present and voting thereon.
25(10) If any question shall arise as to the validity or
invalidity of a ballot paper or
whether any particular member has or has not been
elected to any particular
Office, a statement by the Returning Officer that the
relevant voting paper is or
is not valid or that a particular member has or has
not been elected to a particular
Office shall be conclusive.
26. For the purposes of these Rules the office of an Officer
of the Club or of an
ordinary member of
the Committee becomes vacant if the Officer or member:
(a)
ceases to be a member of the Club;
(b)
becomes insolvent under administration within the meaning
of the
Companies (Victoria)
Code;
(c)
resigns from office by notice in writing given to the
Secretary:
(d)
is absent from three consecutive Committee meetings without
leave
of the Committee
(e)
if as a member of the VCA Inc. is disqualified or suspended
by the
VCA Inc.
NOMINATION AND VOTING
27.(1) Every member who was a financial member of the Club for
not less than three
months of the financial year preceding the annual
general meeting and is
currently a financial member shall be entitled to vote
at the annual general
meeting and shall be eligible to nominate or be
nominated as an Office Bearer
or member of the Committee. Unless the Club s
By-Laws provide otherwise,
a member may be nominated for but not hold more than
one position on the
Committee except for the position of Public Officer.
27
(2) A person becoming a member between the closing date of the
financial year
preceding the annual general meeting and the date of
the annual general meeting
shall not be eligible to
vote at the annual general meeting, nor to nominate, or be
nominated for Office
Bearer or member of the Committee.
27
(3) In all matters not covered by these Rules, the Rules of
common debate shall
apply provided always that the best interests of the
general members of the
Club be served and general members have the right to
vote in favor or against
any Committee decision.
MEETING OF THE
COMMITTEE
28.(1) Meetings of the Committee shall be held at such place and
at such time as the
Committee from time to time determines:
28
(2) The Secretary shall attend all meetings of the Committee.
The minutes of such
meetings signed by the Chairperson thereof or by the
Chairperson of a
confirmatory meeting shall be accepted as sufficient
evidence of the
proceedings of such meeting.
28
(3) The quorum for a Committee meeting shall be not less than 7
members
thereof present in person or such other number as
prescribed by members
in By Laws.
28
(4) The Secretary shall call a meeting of the Committee whenever
requested to
do so by the President or by three members of the
Committee.
28
(5) At meetings of the Committee:
(a)
The President or in the Presidents absence, the Vice
President shall
Preside; or
(b)
if the President and the Vice President are absent, such
one of the
remaining members of the
Committee as may be chosen by the
members present shall
preside.
28
(6) A member of the Committee shall not vote in respect of any
contract of
proposed contract with the Club in which the member
has a conflict of
interest or in respect of any matter arising there out
and if the member does
so vote, the vote shall not be counted.
28
(7) All acts done by any meeting of the Committee or a
Sub-Committee thereof
or of a Sub-Committee appointed by the members or by
any person acting as
a member of the Committee or of a Sub-Committee
notwithstanding that it is
afterwards discovered that there was some defect in
the appointment of the
Committee or Sub-Committee or of any person acting as
aforesaid, or that
the members of the Committee or any of them or of a
Sub-Committee were
disqualified shall be as valid as if any such person
had been validly appointed
and was qualified to be a member of the Committee or
of such Sub-Committee.
28
(8) A resolution in writing signed by all members of the
Committee for the time
being entitled to receive notice of a meeting of the
Committee shall be as
valid and effectual as if it has been passed at a
meeting of the Committee duly
held and convened. Any such resolution may consist of
several documents in
like form each signed by one or more members of the
Committee.
28
(9) Subject to Clause 28 (3) the Committee may act
notwithstanding any vacancy
on Committee.
DUTIES OF SECRETARY
AND/OR PUBLIC OFFICER
29.
(1) The Secretary shall exercise and perform all the usual
secretarial functions and
generally attend to the secretarial work of the Club
and in particular shall keep
and maintain:
(a)
the roll of members;
(b)
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;
(c)
all necessary records of the affairs of the club;
(d)
a complete record of awards made at all exhibitions and
shows conducted
by the Club, where
necessary;
(e)
and shall forward to the VCA Inc within one months of the
annual general
meeting an Audited
Statement of Receipts and Expenditure and Balance
Sheet of the Club.
29.
(2) The Public Officer shall:
(a)
notify the Registrar of appointment within fourteen dates
s. 28(1)
(b)
notify change of address within fourteen dates s. 28(2);
(c)
notify alterations to the statement of purposes or rules
within one
month s, 22(s);
(d)
make application for approval of a change of name, if any,
within the
prescribed time s. 13;
(e)
lodge with the Registrar the documents required by s.30(4)
in respect of
the annual general
meeting within one month of the date of the meeting
or such further period as
the Registrar may allow s.30(4);
(f)
produce any book to the Registrar or authorized Officer on
being required
to do so s.47(6);
(g)
tell the Registrar or authorized Officer where a book is at
the time a request
is made s,47(6);
(h)
not hinder or obstruct the Registrar or authorized Officer
whilst exercising
powers of inspection; and
(i)
ensure that the incorporated Club complies with its
obligation to lodge with
the Registrar particulars
of Trusts within fourteen days of becoming a trustee
of that Trust.
DUTIES OF TREASURER
30. The Treasurer shall:
(a)
receive all monies paid to the Club and cause the same to
be paid into the
banking account of the
Club kept for such purpose within fourteen days of
the receipt thereof:
(b)
keep all necessary books of account and financial
statements as shall be
required by the Auditors,
the VCA Inc., and the Act:
(c)
prepare the annual accounts and accompanying reports;
(d)
submit financial statements to all constituted meetings of
the Committee and
of the Club:
(e)
produce in general meetings the cash books and bank
passbook when
requested to do so:
(f)
keep vouchers for payments authorized by the Club and the
Committee: and
(g)
keep a true and correct inventory of all property of the
Club.
REMOVAL OF MEMBER OF
COMMITTEE OR PUBLIC OFFICER
31.(1) The Club in general meeting may by a resolution, passed by
three-fourths of the
members voting in person, remove any member of the
Committee before the
expiration of the term of office and appoint another
member within fourteen days
to hold office instead until the expiration of the
term of the first-mentioned
member, however
31
(2) Where the member to whom a proposed resolution referred to in
Sub-Clause
(1)
makes representation in writing to the Secretary or
President of the Club
(not exceeding a
reasonable length) and requests that they be notified to the
members of the Club, the
Secretary or the President may send a copy of the
representations to each
member of the Club or, if they are not so sent, the
member may require that
they be read out at the meeting.
BANKING ACCOUNT
32.(1) The Committee shall cause a banking account to be opened
with a recognized
Bank or equivalent and be kept in the name of the
Club.
32
(2) All cheques payable to the Club shall be deposited to the
credit of the Clubs
banking account
32
(3) All monies payable on behalf of the Club amounting to $20-00
or upwards with
the exception of prize money shall be paid by cheque
drawn upon the Clubs
bankers which shall be signed by the Treasurer or
authorized deputy and any one
of the Office Bearers authorized to sign on behalf of
the Club. Notice of every
such authority or change thereof shall be given to the
Clubs bankers forthwith
whenever the need shall arise. Where an amount less
than $20-00 is paid in
cash, the Treasurer, or authorized deputy, shall
ensure a receipt is obtained
at the time of the transaction.
AUDIT AND AUDITOR
33. Subject to any Regulation that may be made under Section
54(2) (b) of the
Associations
Incorporation Act the members at the annual general meeting
shall appoint each
year a person with accountancy knowledge to be the Auditor
of the Club and a
person so appointed shall hold that office until the next annual
general meeting. A
casual vacancy occurring in the position of Auditor shall be
filled by the
Committee.
34. Notice of the nomination of any person other than a
retiring auditor for
appointment as Auditor shall be given to the members
not less than fourteen
days before the annual general meeting at which the
appointment of Auditor
is to be made:
35. A person shall not be appointed or act as Auditor of the
Club if that person is
an Office bearer or an ordinary member of the
Committee or an employee of
club or any person with a perceived conflict of
interest. Such auditor to be a
person suitably qualified to conduct the audit and
their qualifications to be
included in the Auditors Report.
NOTICES
36.(1) A notice may be served on behalf of the Club upon any
member either
personally or by sending it by post to the member at
the last known
address shown in the Register of Members.
36
(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
post.
WINDING UP OR
CANCELLATION
37. In the event of the winding up or the cancellation of
the incorporation of the
Club, the assets of the Club shall be disposed of in
accordance with the
provisions of the Act and Clause 41 of these Rules.
SEAL
38.(1) The Common Seal of the Club shall be kept in the custody
of the secretary.
38
(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 two members of
the Committee or one
member of Committee and the Public Officer.
CUSTODY OF RECORDS
39.(1) Except as otherwise provided in the Act and in these
Rules, the Secretary shall
keep in custody or under control all books, documents
and securities of the club.
39
(2) The books and documents referred to in Clause 39 (1) shall be
available for
inspection by members.
FUNDS
40. The funds of the Club shall be derived from entrance
fees, annual subscriptions,
donations and such other sources as the committee
determines.
PROPERTY
41. The property assets and income of the Club, wherever
derived, shall be applied
towards the
promotion of the Statement of Purposes of the club, and no portion
thereof shall be
paid or transferred either directly or indirectly to any member
or members of the
Club. Provided that nothing herein contained shall prevent
the payment in good
faith of remuneration or reimbursement to any offices or
servants of the
Club or any member in return for services actually rendered
or for authorized
expenses incurred nor prevent the payment of interest on
money borrowed from
any member of the Club. Should the Club for any
reason whatsoever
cease to function, the members may, at a meeting specially
convened for the
purpose of winding up of the affairs of the Club, direct by
resolution, passed
by a majority of 75% of financial members, that the funds be
donated to an
approved charity or applied for use by an approved canine
activity.
FINANCIAL YEAR
42.
The financial year of the Club shall commence on the first
day of October
each year, and terminate
on the last day of September the following year.
Membership fees must be
paid on or before the 1st day of October each year
for continuity of
membership.
ALTERATIONS OF RULES
AND STATEMENT OF PURPOSE
43. These
rules and the Statement of Purposes of the Club shall not be
altered
except in accordance with the Associations
Incorporation Act, and any
such alterations are to be advised to the Manager of
the VCA Inc without delay.
BY-LAWS
44. Subject always to the Associations Incorporation Act,
VCA Inc Rules and
Regulations, and these Rules, members in general
meeting by resolution passed by
a majority of not less that three fourths of the
members present and voting in
person may make By-Laws and may from time to time
amend such By-Laws
by variation, deletion or addition, as they shall
think fit in respect of:
(a)
nominations of members;
(b)
amount of joining fee, if any, and the annual membership
subscription;
(c)
the conducting of ballots;
(d)
the holding and conducting of Shows and Exhibitions by the
Club;
(e)
the granting of awards and prizes at such Shows and
Exhibitions;
(f)
the manner and procedure of dealing with protests and
objections made
at shows or exhibitions
subject always to the VCA Inc Rules;
(g)
meetings of members and of Committees;
(h)
the publication of a newsletter or journal;
(i)
any matter the members may consider necessary.
AFFILIATION WITH THE
VCA INC
45.(1) The club shall affiliate with the VCA Inc. as provided for
in the Rules and
Regulations of the VCA Inc.
45
(2) Members agree to be bound by the Constitution, Rules and
Regulations of the
VCA Inc, and the VCA Inc. Code of Ethics and Codes of
Practice. Members
also agree to abide by, observe and comply with
decisions or directives of the
Management Committee of the VCA Inc.
STATEMENT OF PURPOSES
The
Objects of the Collie Club of Victoria Inc are:
(a)
to affiliate with the VCA Inc
(b)
to promote and encourage the breeding of pure bred dogs and
in particular
the Collie (Rough) and
Collie (Smooth)
(c)
to promote and raise the standards and exhibition of
registered pure bred
dogs, particularly the
Collie
(d)
to promote the holding of Exhibitions under the VCA Inc
Rules and
Regulations and to
conduct Exhibitions and/or to promote Obedience
training and to conduct
Obedience training and to conduct Obedience
Trials, Tracking Tests
and Field Trials
(e)
to foster, promote and protect the interests of exhibitors
of dogs at
exhibitions and
particularly the exhibitors of Collies
(f)
to collect, verify and publish information relating to dogs
and the breeding
and exhibition of dogs
(g)
to educate and encourage members, breeders and judges to
abide by the
requirements and
standards approved by the VCA Inc for the conduct of
Exhibitions and Shows
(h)
to promote good fellowship and sportsmanship amongst
members and those
participating in or
attending at Exhibitions and Shows
(i)
to inform members of and make known to them the Laws and
Regulations of
State relating to the
ownership and care of dogs, and the responsibility
of owners for the conduct
and actions of their dogs
(j)
to hold functions, and lectures relating to dogs and to the
purposes of the
Club generally
(k)
to provide awards and donate prizes for competition at
Exhibitions and for
the competition by
breeders and exhibitors of dogs
(l)
to foster relations with other Clubs and bodies having
similar aims
(m)
to promote and assist worthy causes, as agreed at a general
meeting of the
members of the Club
(n)
to invest the funds of the Club not immediately required in
such manner as the
members or the Committee
in lieu thereof shall determine
(o)
to purchase, hire, lease etc and do such things as are
conductive or incidental
to promoting and
achieving the purposes of the Club
(p)
to carry on such other activities or promote or encourage
interest in the
breeding, upkeep and
training of and the general well-being and improvement
of Collies and to do such
other things as may be necessary or conductive to
carrying out the objects
of the Club.
BY LAWS OF THE COLLIE
CLUB OF VICTORIA INC
By Law No. 1 Annual Subscription
The
Annual Subscription shall be determined in acceptance with Clause
13 of the
Constitution and shall be in respect of the period 1st
October to 30th September of the year immediately
following the Annual General Meeting, at which such determination
is made.
The
Annual Subscription shall be:
(a)
Single Membership
(b)
Dual Membership
(c)
Junior Membership
All
subscriptions paid after 30th June shall be carried
through to the following year.
By Law No. 2 Office
Bearers and Committee
The
Office Bearers shall consist of:
President
Two (2) Vice Presidents
Secretary
Assistant Secretary
Treasurer
The
Committee of the Club shall consist of not more than fourteen (14)
persons including Office Bearers.
By Law No. 3 - Quorum
The
quorum for a meeting shall be:
(a)
Committee Meeting 50% of the members of the Committee
(b)
Sub-Committee 50% of the members of the Sub Committee
(c)
General meeting of members fifteen (15) members
By Law No. 4
Membership
The
membership of the Club shall consist of:
(a)
Ordinary Membership
(b)
Dual Membership
(c)
Life Member
(d)
Honorary Member
(e)
Junior Member
Life
Member:
Any
person may be nominated as a Life Member of the Club in
recognition of services rendered to the Club, or services towards
any of the objects of the club, however, not more than one person
may be appointed as a Life Member of the club in any one year.
Honorary Member:
Any
person may be nominated as an Honorary Member, but such nomination
shall not exceed two in any one financial year.
Junior Member:
Any
person under the age of sixteen may be a junior member of the
club, but shall ceased to be a junior member at the end of the
financial year in which he or she attains their sixteenth year.
By Law No. 5
Statements
The
Collie Club will take no responsibility for any statement spoken
or printed made without the approval of the Committee and/or
members at a General Meeting.
By Law No. 6 Cash
Floats
The
Committee may advance a cash float to the Secretary, Trophy
Steward and Chatter Editor to enable these office bearers to carry
out their duties efficiently. The amount of each float is to be
approximately equal to the expected expenditure of the office for
the following two months. A statement of expenditure is to be
lodged with the Treasurer at each meeting by each of these office
bearers. The Collie Club is not responsible for any expenditure,
excepting that incurred by the above three office bearers in the
performance of their duties and to maximum value of their
respective floats, without the approval of the Committee and/or
members at a General Meeting.
By Law No. 7
Signatures for signing cheques
The
signatures of the President, Secretary and Treasurer are to be
registered with Banks, and any other organizations where the club
may have money and/or securities on deposit. All withdrawal
documents from these deposits must be signed by the Treasurer and
one of the other two officers.
By Law No. 8 Puppy
Sales Scheme
1. The scheme is open to financial members of the Collie
Club of Vic Inc only,
who have been financial members for a minimum of 12
months and who agree
to abide by the following regulations
2. Applications for registration on this scheme must be
made on the prescribed
form supplied by the Club
3. The puppies must be owned and bred by the said member,
and must be from
registered parents, and be eligible for registration
themselves. Full pedigree
and transfer papers, completed, must be given at the
time of sale to the new owner
4. All sales are to be outright sales only, puppies sold
on lease or breeding terms are
not eligible to be sold through the scheme
5. Puppies must be a minimum of 8 weeks of age before
being handed to the new
owners
6. Puppies must have been wormed in accordance with
veterinary recommendations,
and also have had temporary immunization with proof of
vaccination provided.
7, Puppies must be clean and free from parasites.
8. Puppies will be listed for a period of time to be set
by the committee from time
to time.
9. The member must inform the Puppy Sales Managers after
each sale.
10. The Club suggests a recommended price for puppies, to be
reassessed at each
Annual General Meeting.
11. The fee payable to the Collie Club of Vic Inc as
prescribed by the Committee
from time to time is to be sent with the completed
application form to the
Secretary.
12. All complaints received by the Puppy Sales Managers
regarding puppies
purchased through the Puppy Sales Scheme should be
handed to the Secretary
of the Collie Club with the following information:
Name and address of purchaser, telephone number, date
puppy purchased,
from whom the puppy was purchased, nature of
complaint.
Upon receipt of this information, the Committee of the
Collie Club shall
appoint 2 members of the committee to investigate the
complaint. This
investigation shall be completed within 2 weeks of the
complaint being
made. If the report is substantiated, then the
committee shall act by advising
the seller member in writing to attend the next
scheduled committee meeting
of the Collie Club and show cause why he/she should
not be dealt with under
the Rules and regulations of the constitution of the
Collie Club of Vic Inc
(Clauses 16 21)
13. That country and interstate members be allowed to sell
their litters through
the Collie Club Puppy Sales Scheme via friends or
acting agents who are also
eligible members, providing that eligibility of sale
requirements have been met.
APPLICATION FOR
MEMBERSHIP OF THE COLLIE CLUB OF VIC INC
Application for membership of the Collie Club of Victoria Inc
We/I
(Full name of applicants)
of
.
.
(Postal address)
desire to become a
..
(category of membership)
of
the COLLIE CLUB OF VICTORIA INC.
I/We
are currently members/non members of the VCA Inc.
(Please indicate appropriately)
In
the event of my/our admission as a member/s in the above category,
I/we agree to
Be
bound by the Rules and By-Laws of the Club, and the Constitution,
Rules and
Regulations of the VCA Inc for the time being in force.
Date
.
..
..
(Signature of
applicant/s)
I,
., a member of the Club nominate the
Applicant/s who is/are personally known to me, for membership of
the Club.
Date
.
(Signature of Proposer)
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