Club Constitution

 

CORVETTES OF WESTERN AUSTRALIA (INC)
CONSTITUTION
NAME
The name of the Club shall be CORVETTES OF WESTERN AUSTRALIA (INC)
OBJECTIVES
The objectives of the Club shall be to promote the interests of Corvette enthusiasts and the restoration, preservation, promotion and enjoyment of the Corvette.
JURISDICTION
The Constitution shall be binding on all members
COMMITTEE
There shall be a General Committee herein after called “The Committee” consisting of the President, Vice President, Honorary Secretary, Honorary Treasurer and two additional committee members
ELECTION OF COMMITTEE
The Committee shall be elected annually at the Annual General Meeting and should any office become vacant, the committee may elect a member to fill such vacancy until the following Annual General Meeting. Any office bearer ceasing to be a member of the Club shall ipso facto cease to be an office bearer of the Club. Any of the Committee Members can be removed from office by three quarters of the votes of those members present at a Special General Meeting. Notice of Motion is to be posted at least fourteen (14) days beforehand. No Committee Member can service on the Committee in the same position for any period greater than three (3) years
TREASURER
The Treasurer shall;
Be responsible for the receipt of all monies paid or received by him or her behalf of the Club and shall issue receipts for those monies in the name of the Club
Pay all monies referred to in paragraph (1) into the accounts of the Club
Make payments from the funds of the Club with the authority of the general meeting or of the Committee and in  so doing ensure that all cheques are authorised by the committee
Formally record the circumstances (if any) in which any payment has been made to a member of the Committee out of the funds of the Clubiation
NOMINATION FOR OFFICE
Nominations for candidates for the Committee shall be in writing on the Proxy Form provided to the Secretary prior to the Annual General Meeting or from the floor at the Annual General Meeting
ELIGIBILITY TO BE ELECTED TO COMMITTEE
To be eligible to hold an elected position on the Committee, any such nominated member must sign the “Eligibility to be on Committee” document stating that they
Are bankrupt or their affairs are under insolvency laws;
Have been convicted of an indictable offence in relation to the formation or management of a body corporate in the last five (5) years;
Have been convicted of an offence involving fraud or dishonesty punishable by at least 3 months imprisonment in the last five (5) years;
Have been convicted of an offence under the Act, where a person has allowed an association to operate whilst insolvent in the last five (5) years
Any member so nominated for committee and being subject to the abovementioned provisions may seek an exemption to sit on Committee by seeking special approval by the Commissioner for Consumer Protection
POWERS OF COMMITTEE
The Committee shall-
Carryout the management of the general affairs of the Club and incidental matters except in the expulsion of members
Reserve the right to elect any subcommittee it so desires
Make decisions relating to affiliation on behalf of the Club and liaise with such bodies for the Club
Members of Committee shall in any discussion or determination of any committee decision, where a conflict of interest arises, declare any such conflict of interest to the meeting. Conflicts of interest include financial and non financial interest or any material personal interests. Where applicable any such interest shall be recorded in the minutes of the meeting and disclosed at the Clubs next general meeting.
ANNUAL GENERAL MEETING
The Annual General Meeting of the Club shall be held not later that the first (1st) August each year. The ordinary General Meeting shall be held at such time and place as the Committee may appoint.
At an Annual General Meeting the Committee shall provide an annual financial report that provides a true and fair view of the Clubs financial position and performance. This content of this report shall meet the requirements of the current legislation
SPECIAL GENERAL MEETINGS
A special Meeting may be called at any time by the order of the Committee or on a requisition signed by at least twenty (10) members, such requisition to state the object thereof
NOTICE OF MEETING
Fourteen (14) days notice of an Annual General Meeting or Special Meeting shall be given to the members by circular or other form of notification from time to time approved by Committee, stating the object and business of such meeting.
At any general meeting, a member providing fourteen (14) days prior notice to the President, may request to inspect the Clubs accounts
QUORUM
The lesser of 20% of the total membership or ten (10) members shall form a quorum at all Annual, Special and General Meetings and four (4) shall form a Quorum at all Committee meetings, and unless where provided by these rules to the contrary, the decision of a majority of the vote recorded shall be binding.
METHOD OF VOTING
When a ballot is not expressly provided for by these rules, all questions shall be decided by a show of hands, provided always that three (3) members can demand a ballot.
VOTING BY PROXY
Members may vote by proxy at any meeting. The instrument appointing a proxy shall be in writing, as per the prescribed form, signed by the appointer and must be lodged with the committee not later than one hour before the commencement of the meeting. No person shall be appointed a proxy who is not a member of the Club and entitled to vote. No person may act as a proxy for more than one (1) other person at an Annual General or Special General Meeting.
COMMITTEE MEETINGS
The Committee shall meet whenever two (2) or more members of the Committee deem it necessary or when summoned by the President or Secretary.
GENERAL MEETINGS
General Meetings shall be held, subject to exceptional circumstances, on a bi monthly basis on the first Tuesday of any such month. Members shall be advised of such meetings through Corvettes of WA Inc website or any other means
MEMBERS
The number of members shall be unlimited. No person who has been struck off the Membership Roll for non payment of subscription fees or dues shall be re elected for membership until such outstanding fees, subscription or dues shall have been paid in full. Any person paying membership of any person nominated as a partner shall be known as a Member
REGISTER OF MEMBERS
The Club shall maintain a Club Members Register which shall record, as a minimum, all members’ full names, names of nominated partners and email address of such members.
A member may at any time, upon production of a Statutory Declaration setting out the purpose for which a copy of the register of members is required, request the Committee to provide the detail sort. The Committee may provide the name and email address of any other member sought after due consideration of the information provided within the sworn Statutory Declaration. It is an offence for any member to disclose or use the information obtained from the register of members or record of office holders for a purpose that is not directly connected with the affairs of the Club
Any member  who requests the Club provide them with a copy of the register containing the names and email addresses of Club members, a fee of $60 shall be payable to the Club.
CONDUCT OF MEMBERS
All members shall be subject to the rules, Regulations and by-laws of the Club. If a complaint is made to the Committee that the conduct of any member either in or out of the club is injurious to the character or interests of the Club, the Committee may hold an enquiry into the matter. Such enquiry maybe held either at an Ordinary Meeting of the Committee or as the Committee shall otherwise decide and such enquiry maybe adjourned from time to time.
The members may be required to attend any meeting at which the enquiry or any adjournment thereof is to be held and shall in any case (unless it shall be decided that the representations are groundless or trivial) , give the member a reasonable opportunity of being heard in his/her defence.
It shall be obligatory upon the member, if summoned to attend and appear before the enquiring body on the date notified to him/her and if he/she shall fail to attend on such date, the enquiring body may in his /her absence proceed with and complete the enquiry. Having completed the enquiry, the enquiry body if they find the member at fault, may either;
Reprimand the member and/or suspend the member for any period not exceeding six (6) calendar months
Call upon such member to resign his/her membership and if such member shall refuse or neglect to forward his/her written resignation within seven (7) days it shall be the duty of the Committee to call a Special General Meeting of the Club to consider the members expulsion,
The proceedings before any Special General Meeting convened for the purpose of dealing with a complaint against a member shall be by the way of re hearing and the decision of such Special General Meeting shall be final. Such Special General Meeting may impose any penalty or punishment which the enquiry body might have imposed or may expel the member from the Club. Any resolution at such Special General Meeting shall require not less three Fifths of the votes (including proxy votes) of those present and voting to carry it.
At any enquiry at any Special general Meeting both the enquiring body, the relevant evidence (whether of members or non members) as they shall desire. The rules of evidence shall not apply unless the Chairman shall otherwise determine.
In a dispute between any member that relates to the rules of the Club cannot be resolved through this process, the applicant may make an application for the matter to be heard by the State Administrative Tribunal (SAT). It will be open to the SAT to refer the dispute or any aspect of it, for mediation or make orders for the resolution of the dispute.
HONORARY MEMBERS
Any person for sufficient reason may, if nominated by the Committee for that purpose be elected at any General Meeting as a honorary member of the Club. Such nomination and election shall be by ballot. Honorary Life Members and their nominated partner shall be entitled to the privileges of the Club and shall be eligible to vote and bear office but shall not be subject to expulsion under these rules or be liable to pay an annual subscription.
Nomination for Honorary Life Membership shall only be considered based upon a minimum of seven (7) years service in a committee role and the quality and value to the club of any such service
SUBSCRIPTIONS
The subscription payable for membership to the Club for each financial year shall be determined at each Annual General Meeting
FINANCIAL YEAR
The financial year of the Club shall commence on the first day of July and shall end on the thirtieth day of June each year. Any member failing to make payment of his or her subscription by thirty (30) days of his/her expiry date may at the discretion of the Committee be removed from the list of members. The Committee may reinstate such member upon payment of such subscription
MEMBERS IN ARREARS
At the discretion of the Committee no member who is still in arrears after thirty (30) days of expiry with his/her subscription shall be entitled to the use of the Club privileges, nor shall he/she be entitled to vote at any meeting of the Club, not to compete for any prizes offered by it until his/her subscription be paid.
PROPERTY
All property real and personal of the Club shall be held by the Committee for the time being as trustees for the Club and appropriate declarations of trust shall be made by them PROVIDED HOWEVER that any two of them may operate on the Club bank account. All monies received on behalf of the Club shall be banked promptly in such bank or banks as the Committee shall from time to time determine.
Any monies not required immediately for the Club purposes may be invested by the Committee in such securities as they may from time to time determine.
BORROWING POWERS
The Club may borrow with or without security over any of its assets and may give such mortgages and charges to secure any money or monies borrowed as the Committee shall think fit provided that no monies shall be borrowed except in accordance with a resolution approving such borrowings passed by the majority at a General Meeting at which notice of intention to move such resolution has been given
AFFILIATION
The Club may affiliate with any other organisation whose objectives do not conflict with the objectives of this Club
CONSTITUTION AND RULES
In addition alteration or revision of this Constitution shall not be made except at an Annual or Special General Meeting and passed by the majority of three fourths of the members present and voting either by person or by proxy.
The Committee may make rules consistent with this Constitution relating to the conduct of functions, the use of facilities and any matters incidental thereto PROVIDED HOWEVER that any three (3) members may be written requisition require a rule to be submitted to a Special General Meeting and the Committee shall be bound by the decision of such meeting.
WINDING UP
The Club may be voluntarily wound up if at a General Meeting a resolution requiring the Club to be wound up is passed and the resolution is confirmed as a foresaid at a subsequent General Meeting called for that purpose and held not earlier than thirty (30 days after the date on which the resolution so to be confirmed was passed.
Upon the winding up of the Club, any assets remaining after all the liabilities of the Club have been paid, discharged or satisfied shall be paid or transferred to such other Club or Clubs (Incorporated) or body corporate or licensed charity and in such shares or proportion if more than that one has the Club in the General Meeting decides. No Club property, cash or other assets shall be returned to a Club member.