AUSTRALIAN ASSOCIATION OF TIME
TABLE COLLECTORS INC.
(Incorporation No. A0043673H – incorporated in Victoria)
(under the Associations
Incorporation Act 1981)
RULES
As adopted at the 2002 AGM on 14th Sept 2002 and registered
on 29th Jan 2003
by the Registrar of Incorporated Associations, Consumer
Affairs, Victoria.
CONTENTS
1. Name and Statement of Purposes of the
Association
2. Definitions used in the Rules
3. Alteration of the Rules
4. Membership, entry fees and subscription
5. Register of members
6. Ceasing membership
7. Discipline, suspension and expulsion of
members
8. Disputes and mediation
9. Annual General Meetings
10. Special General Meetings
11. Special Business at meetings
12. Notice of General Meetings
13. Quorum at General Meetings
14. Presiding at General Meetings
15. Adjournment of meetings
16. Voting at
General Meetings
17. Poll of General
Meetings
18. Manner of determining whether resolutions
are carried
19. Proxies
20. Committee of Management
21. Office holders
22. Ordinary members of the committee
23. Election of officers and ordinary committee
members
24. Vacancies
25. Meetings of the committee
26. Notice of Committee Meetings
27. Quorum for Committee Meetings
28. Presiding at Committee Meetings
29. Voting at Committee Meetings
30. Removal of Committee Member
31. Minutes of meetings
32. Funds
33. Seal
34. Notice to members
35. Winding up
36. Custody and
inspection of books and records
37. Additional
distribution of Association journal or journals
38. Divisions
Appendix 1 – Form of appointment of Proxy for meeting of
Association convened under Rule 7(7)
Appendix 2 – Form of appointment of Proxy (for all other
meetings)
- - - - - - - - - - - - - - - - - - - -
Australian
Association of Time Table Collectors inc.
Incorporation
No. A0043673H (incorporated in Victoria)
RULES
as
adopted at 2002 AGM on 14th Sept 2002 and registered on 29th Jan 2003
1.
Name
The incorporated
association is the Australian Association of Timetable Collectors
( in these Rules called "the Association").
The
association shall be a non-profit-making organisation. Any surplus funds accumulated by the association must be used to further its
purpose.
The
purpose of the Association shall be to research, study and document the theory
and practice of transport timetables both in Australia and other parts of the
world as the membership may determine, and to undertake all such action that
may be necessary to enable these purposes to be achieved, including:
(a)
holding of meetings;
(b)
publication of a journal or journals and other publications;
(c)
contributing to other journals and co-operating with other Societies;
(d)
provision of facilities to buy, sell or exchange timetables and associated
documentation;
(e)
purchase of such equipment as may from time to time be deemed necessary.
(f)
the control of funds;
(g)
the handling of property; and
(h)
do all other things conducive to furthering the defined purpose of the
association.
For
the purposes of these rules and for the association generally, timetable shall
include any item that is used to inform the public or employees of a transport
operator (whether by land, water or air and carrying passengers, freight or
both - with or without restrictions) of details of transport services, fares,
method of operation or any other information pertaining to the provision or
operation of transport services.
2.
Definitions
(1)
In these Rules,
unless the contrary intention appears -
"Act" means the
Associations Incorporation Act 1981;
"committee" means the
committee of management of the Association;
"financial year"
means the year ending on 30th June;
"general
meeting" means a general
meeting of members convened in accordance with rule 12.
"member" means a
member of the Association;
"ordinary
member of the committee" means a member of the committee who is not an
officer of the Association under Rule 21;
"Regulations" means regulations under the Act;
"relevant
documents" has the same meaning as in the Act.
(2) In these Rules, a reference to the Secretary of an Association is a reference-
(a) if 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.
Alteration of the rules
These
Rules and the statement of purposes of the Association must not be altered
except in accordance with the Act.
4.
Membership, entry fees and subscription
(1) A person who applies and is approved
for membership as provided in these Rules is eligible to be a member of the
Association on payment of the membership fee which shall be determined in
accordance with sub-clause 12.
(2)
A person who is not a member of the Association at the time
of the incorporation of the Association(or who was a member at that time but
has ceased to be a member) must not be admitted to membership unless -
(a) he or she
applies for membership in accordance with sub-rule(3); and
(b) the admission
as a member is approved by the committee
(3)
An application of a person for membership of the Association
must-
(a) be made in
writing in such form as the committee from time to time prescribes.;
(b) be lodged
with the Membership Officer of the Association;
(c) be
accompanied by payment of any sums determined in accordance with sub-clauses 4
(11) and (12).
(4)
As soon as practicable after the receipt of an application,
the Membership Officer must refer the application to the committee.
(5)
The committee must determine whether to approve or reject the
application.
(6) If the committee approves an
application for membership, the
Membership Officer must, as soon as
practicable notify the applicant in writing of the approval for membership.
(7) The Membership Officer must, within 7
days of approval being given by the committee enter the applicant's name in the
register of members.
(8) An applicant for membership becomes a
member and is entitled to exercise the rights of membership when their
membership has been approved by the committee.
(9) If the committee rejects an
application, the committee must, as soon as practicable, notify the applicant
in writing that the application has been rejected and refund any sum paid as
referred to under rule (4.3c).
(10) A right, privilege, or obligation of a
person by reason of membership of the Association-
(a) is not
capable of being transferred or transmitted to another person; and
(b) terminates
upon the cessation of membership whether by death or resignation or otherwise.
(11) The entrance fee (if any) is the
relevant amount that the committee from time to time shall determine.
(12) The
annual subscription is payable in advance on or before 1 July in each
year. The annual subscription shall be
set by the committee in March of each year and will be for the following financial
year. A member may not vote at any
meeting unless all amounts overdue have been paid prior to the meeting and in
accordance with rule 16(4).
(13) A
general meeting may grant Honorary Life Membership to any person who has given
particularly meritorious service to the Association. Such persons shall receive all rights and privileges of
membership but shall be exempted from the payment of subscriptions.
5.
Register of members
(1)
The Membership Officer must keep and maintain a register of
members containing-
(a) the name and
address of each member; and
(b) the date on
which each member’s name was approved by the committee.
(2)
The register is available for inspection free of charge by
any member upon request.
(3)
A member may make a copy of entries in the register.
6.
Ceasing membership
(1)
A member of the Association who has paid all moneys due and
payable by a member to the Association may resign from the Association at any
time by giving notice in writing to the Membership Officer of his or her
intention to resign.
(2)
Such resignation shall take effect at the time such notice
is received by the Membership Officer unless a later date is specified in the
notice when it shall take effect on that later date or until all moneys owing
to the association have been paid. From
that time or date -
(a) the member
ceases to be a member; and
(b) the
Membership Officer must record in the register of members the date on which the
member ceased to be a member.
(3)
Any member who fails to pay the annual subscription within
two months of it falling due, shall be deemed to have his membership forfeited,
provided that a notice of such overdue subscription has been sent to the last
known address.
7.
Discipline, suspension and expulsion of members
(1)
Subject to these Rules, if the committee is of the opinion
that a member has refused or neglected to comply with these Rules, or has been
guilty of conduct unbecoming a member or prejudicial to the interests of the
Association, the committee may by resolution-
(a) suspend that
member from membership of the Association for a specified period; or
(b) expel that
member from the Association.
(2)
A resolution of the committee under sub-rule (1) does not
take effect unless-
(a) at a meeting
held in accordance with sub-rule (3), the committee confirms the resolution;
and
(b) if the member
exercises a right of appeal to the Association under this rule, the Association
confirms the resolution in accordance with this rule.
(3)
A meeting of the committee to confirm or revoke a resolution
passed under sub-rule (1) must be held not earlier than 14 days, and not later
than 28 days, after notice has been given to the member in accordance with
sub-rule (4).
(4)
For the purposes of giving notice in accordance with
sub-rule (3), the Secretary must, as soon as practicable, cause to be given to
the member a written notice-
(a) setting out
the resolution of the committee and the grounds on which it is based: and
(b) stating that
the member, or his or her representative, may address the committee at a
meeting to be held not earlier than 14 days and not later than 28 days after
the notice has been given to that member; and
(c) stating the
date, place and time of that meeting; and
(d) informing the
member that he or she may do one or both 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;
(e) informing the
member that, if at that meeting, the committee confirms the resolution, he or
she may not later than 48 hours after that meeting, give the Secretary a notice
to the effect that he or she wishes to appeal to the Association in general
meeting against the resolution.
(5)
At a meeting of the committee to confirm or revoke a
resolution passed under sub-rule (1), the committee must-
(a) give the
member, or his or her representative, an opportunity to be heard; and
(b) give due
consideration to any written statement submitted by the member; and
(c) determine by
resolution whether to confirm or to revoke the resolution.
(6)
If at the meeting of the committee, the committee confirms
the resolution, the member may, not later than 48 hours after that meeting,
give the Secretary a notice to the effect that he or she wishes to appeal to
the Association in general meeting against the resolution.
(7)
If the Secretary receives a notice under sub-rule (6), he or
she must notify the committee and the committee must convene a general meeting
of the Association to be held within 21 days after the date on which the
Secretary received the notice.
(8)
At a general meeting of the Association convened under
sub-rule (7)-
(a) no business
other than the question of the appeal may be conducted; and
(b) the committee
may place before the meeting details of the grounds for the resolution and the
reasons for the passing of the resolution; and
(c) the member,
or his or her representative, must be given an opportunity to be heard; and
(d) the members
present must vote by secret ballot on the question whether the resolution
should be confirmed or revoked.
(9)
A resolution is confirmed if, at the general meeting, not
less than two-thirds of the members vote in person, or by proxy, in favour of
the resolution. In any other case, the
resolution is revoked.
8.
Disputes and mediation
(1)
The grievance procedure set out in this rule applies to
disputes under these Rules between-
(a) a member and
another member; or
(b) a member and
the Association.
(2)
The parties to the dispute must meet and discuss the matter
in dispute, and, if possible, resolve the dispute within 14 days after the
dispute comes to the attention of all of the parties.
(3)
If the parties are unable to resolve the dispute at the
meeting, or if a party fails to attend that meeting, then the parties must,
within 10 days, hold a meeting in the presence of a mediator.
(4)
The mediator must be-
(a) a person
chosen by agreement between the parties; or
(b) in the
absence of agreement –
(i)
in the case of a dispute between a member and another
member, a person appointed by the committee of the Association; or
(ii)
in the case of a dispute between a member and the
Association, a person who is a mediator appointed or employed by the Dispute
Settlement Centre or Victoria (Department of Justice).
(5)
A member of the Association can be a mediator.
(6)
The mediator cannot be a member who is a party to the
dispute.
(7)
The parties to the dispute must, in good faith, attempt to
settle the dispute by mediation.
(8)
The mediator, in conducting the mediation, must-
(a) give the
parties to the mediation process every opportunity to be heard; and
(b) allow due
consideration by all parties of any written statement submitted by any party;
and
(c) ensure that
natural justice is accorded to the parties to the dispute throughout the
mediation process.
(9)
The mediator must not determine the dispute.
(10)
If the mediation process does not result in the dispute
being resolved, the parties may seek to resolve the dispute in accordance with
the Act otherwise at law.
9.
Annual general meetings
(1)
The committee or the previous annual general meeting may
determine the date, time and place of the annual general meeting of the
Association. An annual general meeting
must be held at least once each year and within 6 months after the end of the
association’s previous financial year.
The financial year of the association shall close on the 30th June in
each year.
(2)
The notice convening the annual general meeting must specify
that the meeting is an annual general meeting.
A notice of meeting shall be given not less than 28 days prior to the
meeting to all members. Such notice
shall include the time, place and business to be transacted. A notice in a copy of the association’s
journal shall be sufficient notice provided there is 28 days between the date
of the posting of the journal and the date of the meeting.
(3)
The ordinary business of the annual general meeting shall
be-
(a) to confirm
the minutes of the previous annual general meeting and of any general meeting
held since that meeting; and
(b) to receive from
the committee officers and Divisional Convenors reports upon the transactions
of the Association during the last preceding financial year; and
(c) to elect
officers of the Association and the ordinary members of the committee; and
(d) to receive
and consider the statement submitted by the Association in accordance with
section 30(3) of the Act; and
(e) other
business as advised in the notice of meeting; and
(f) general
business. If any member wishes to raise
any item of business, the Secretary shall be advised so that it may be included
in the notice of meeting.
(4)
The annual general meeting may conduct any special business
of which notice has been given in accordance with these Rules.
10.
Special general meetings
(1)
In addition to the annual general meeting, any other general
meeting may be held in the same year.
(2)
All general meetings other than the annual general meeting
are special general meetings.
(3)
The committee may, whenever it thinks fit, convene a special
general meeting of the Association.
(4)
If, but for this sub-rule, more than 15 months would elapse
between annual general meetings, the committee must convene a special general
meeting before the expiration of that period.
(5)
The committee must, on the request in writing of members
representing not less than 5 per cent of the total number of members, convene a
special general meeting of the Association.
(6)
The request for a special general meeting must-
(a) state the
objects of the meeting; and
(b) be signed by
the members requesting the meeting; and
(c) be sent to
the address of the Secretary.
(7)
If the committee does not cause a special general meeting to
be held within one month after the date on which the request is sent to the
address of the Secretary, the members making the request, or any of them, may
convene a special general meeting to be held not later than 3 months after that
date.
11.
Special business
All business that is conducted at a special
general meeting and all business that is conducted at the annual general
meeting, except for business conducted under the rules as ordinary business of
the annual general meeting, is deemed to be special business.
12.
Notice of general meetings
(1)
The Secretary of the Association, at least 28 days before
the date fixed for holding a general meeting of the Association, must cause to
be sent to each member of the Association, a notice stating the place, date and
time of the meeting and the nature of the business to be conducted at the
meeting.
(2)
Notice may be sent-
(a) by prepaid
post to the address appearing in the register of members; or
(b) if the member
requests, by facsimile transmission or electronic transmission.
(3)
No business other than that set out in the notice convening
the meeting may be conducted at the meeting.
(4)
A member intending to bring any business before a meeting
may notify in writing, or by electronic transmission, the Secretary of that
business, who must include that business in the notice calling the next general
meeting.
13.
Quorum at general meetings
(1)
No item of business may be conducted at a general meeting
unless a quorum of members entitled under these Rules to vote is present at the
time when the meeting is considered that item.
(2)
Five members personally present (being members entitled
under these Rules to vote at a general meeting) constitute a quorum for the
conduct of the business of a general meeting.
(3)
If, within half an hour after the appointment time for the
commencement of a general meeting, a quorum is not present-
(i)
in the case of a meeting convened upon the request of
members- the meeting must be dissolved; and
(ii)
in any other case- the meeting 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.
(4)
If at the adjourned meeting the quorum is not present within
half an hour after the time appointed for the commencement of the meeting, the
members personally present (being not less than 3) shall be a quorum.
14.
Presiding at general meetings
(1)
The President, or if the President is absent or does not
wish to preside, the Vice-President, shall reside as Chairperson at each
general meeting of the Association.
(2)
If the President and the Vice-President are absent from a
general meeting, or are unable to preside, the members present must select one
of their number to preside as Chairperson.
15.
Adjournment of meetings