ASSOCIATIONS INCORPORATION ACT 1981 SCHEDULE 2

The Victorian 3D Society Incorporated Rules

INTERPRETATION

    2. (1) In these Rules, unless the contrary intention appears:

    "Annual General Meeting" means a meeting of members convened as part of a General Meeting in accordance with Rule 8.

    "Committee" means the Committee of Management of the Association.

    "Financial Year means the year ending on 30 June.

    "General Meeting" means a General Meeting of members convened in accordance with Rule 9.

    "Member" means a member of the Association.

    "Ordinary Member of the Committee" means a member of the Committee who is not an officer of Association under Rule 11.

    "The Act" means the Associations Incorporation Act 1981.

    "The Regulations" means Regulations under the Act.

    (2) In these Rules, a reference to the Secretary of an Association is a reference:

  1. where a person holds office under these Rules as Secretary of the Association-to that person; and
  2. 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 Act as in force from time to time.

ANNUAL SUBSCRIPTION

    3. (1) The annual subscription shall be as determined by the Committee from time to time, and may be set at differing rates for various classes of membership.

  1. The initial classes of membership shall be individual, family and concessional with deletions or additions to those classes as the Committee may from time to time determine.
  2. Annual subscriptions are payable in advance on or before 1 January in each year.
  3. There shall be elevated from the membership of the Association such members as the Committee may consider as worthy those members to be known as honorary life members who (subject to Rule 7) shall be members of the Association for the term of their life without payment of any further subscriptions. Those members who are currently life members of the Victorian 3D Society shall automatically become honorary life members of the Association upon incorporation.

REGISTER OF MEMBERS

APPLICATION FOR MEMBERSHIP

    5. (1) A natural 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 annual subscription payable under these Rules.

  1. 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) shall not be admitted to membership except in accordance with this Rule.
  2. (3) A person who seeks to be admitted for membership of the Association shall complete an application in the form or to the effect of Appendix 1 and shall lodge same with the Secretary of the Association together with the annual subscription relevant to the class of membership sought

    (4) As soon as is practicable after the receipt of an application, the Secretary shall accept the application or in the sole discretion of the Secretary refer the application to the Committee.

    (5) Upon an application being referred to the Committee, the Committee may enquire of the applicant as to such matters as may be relevant to the applicant's membership of the Association and shall determine whether to approve or to reject the application.

    (6) Upon an application being approved by the Committee, the Secretary shall, with as little delay as possible notify the applicant in writing of the approval for membership of the Association. If the application is not approved, the Secretary shall, with as little delay as possible notify the applicant in writing of the rejection of membership, and refund all subscription monies paid by the applicant.

    (7) The Secretary shall, upon acceptance of an application or approval of an acceptance of an application by the Committee as the case may be, enter the applicant's name in the register of members and, upon the name being so entered, the applicant becomes a member of the Association.

    (8) A right, privilege, or obligation of a person by reason of membership of the Association ñ

    (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.

RESIGNATION AND EXPULSION OF MEMBER

    6. (1) A member of the Association who has paid all moneys due and payable by the member to the Association may resign from the Association at any time by giving notice in writing to the Secretary of his or her intention to resign and upon receipt of such notice by the Secretary, the member ceases to be a member.

  1. Upon receipt of a notice of intention to resign under sub-clause (1), 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 be a member.
  2. At the discretion of the Committee, a failure to pay the annual subscription within four months of its becoming due may be deemed to be a written notification for the purposes of clause 6(1).

    7. (1) Subject to these Rules, the Committee may by resolution ñ

  3. expel a member from the Association;
  4. suspend a member from membership of the Association for a specified period; or
  5. fine a member an amount not exceeding $20

    if the Committee is of the opinion that the member ñ

    1. has refused or neglected to comply with these Rules; or
    2. has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association.

    (2) A resolution of the Committee under sub-clause (1) ñ

    (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 Association under this clause, does not take effect unless the Association confirms the resolution in accordance with this clause.

    (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 ñ

  6. setting out the resolution of the Committee and the grounds on which it is based;
  7. stating that the member may address the Committee at a meeting to be held not earlier than 14 and not less than 28 days after service of the notice;
  8. stating the date, place and time of that meeting;
  9. informing the member that he or she may 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 24 hours before the date of the meeting lodge with the Secretary a notice to the effect that he or she wishes to appeal to the Association in General Meeting against the Resolution

    (4) At a meeting of the Committee held in accordance with sub-clause (2), the Committee ñ

    (a) shall give to 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.

    (5) If the Secretary receives a notice under sub-clause (3), he or she shall notify the Committee and the Committee shall convene a General Meeting of the Association to be held within twenty-one days of the date on which the Secretary received the notice.

    (6) A General Meeting of the Association convened under sub-clause (5) shall be heard in Association with the next scheduled General Meeting provided the notice is received not less than 21 days prior to that meeting otherwise at the next scheduled General Meeting that follows that meeting ñ

    (a) the Committee may place before the meeting details of the grounds for the resolution and the reason for the passing of the resolution;

    (b) the member shall be given an opportunity to be heard; and

    (c) the members present shall vote by secret ballot on the question whether the resolution should confirmed or revoked.

    (7) if at the General Meeting ñ

    (a) two thirds of the members vote in person in favour of the confirmation of the resolution the resolution is confirmed; and

    (b) in any other case, the resolution is revoked.

ANNUAL GENERAL MEETING

    8. (1) The Association shall in each calendar year convene an Annual General Meeting of its members as part of one of its scheduled General Meetings.

    (2) The Annual General Meeting shall be held on such day as the Committee determines.

    (3) The Annual General Meeting shall be specified as forming part of the General Meeting by notice in the Journal of the Association

    (4) The ordinary business of the Annual General Meeting shall be ñ

  1. to confirm the minutes of the last preceding Annual General Meeting and of any General Meeting held since that meeting;
  2. to receive from the Committee reports upon the transactions of the Association during the last preceding financial year:
  3. 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 of the Act.

    (5) The Annual General Meeting may transact special business of which notice is given in the Journal or orally at the meeting in respect of which not less than two thirds of those present agree to allow the transaction of such business without notice in the Journal.

  4. The Annual General Meeting shall unless for special reason found to be inconvenient by the Committee be held in conjunction with the February General Meeting and in any event no later than 16 months after the last Annual General Meeting.
  5. Notice of the Annual General Meeting of the Association shall be given in the Association Journal, the issuing of which shall immediately precede each General Meeting.

GENERAL MEETING

    9. (1) All meetings other than the Annual General Meeting held as part of a General Meeting or Committee meetings shall be called General Meetings.

  1. General meetings shall be held on a regular basis throughout the year, the frequency and date being as determined by the Committee.
  2. Notice of such meetings shall be given in the Association Journal that shall be issued by regular mail to all members within the three weeks prior to a General Meeting.
  3. Except as otherwise provided in these rules, business may be transacted by oral requests made at the meeting and shall be voted on and approved by a simple majority.
  4. Only the business proposed by, and the votes of, Members who currently are and have been fully paid up members of the Association for not less than 3 months and who attend the General meeting shall be valid.
  5. Four members shall constitute a quorum.
  6. Members are not allowed to vote by proxy.

COMMITTEE OF MANAGEMENT

    10. (1) The affairs of the Association shall be managed by the Committee of Management constituted as provided in Rule 12.

    (2) The Committee ñ

  1. shall control and manage the business and affairs of the Association;
  2. may, subject to these Rules, the Regulations and the Act, exercise all such powers and function as may be exercised by the Association other than those powers and functions that are required by these Rules to be exercised by General Meetings of the members of the Association; and
  3. 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 Association.

    11. (1) The officers of the Association shall be ñ

    1. A President
    2. A Secretary
    3. A Treasurer
    4. A Competition Director

    (2) The provisions of Rule 13 so far as they are applicable and with the necessary modifications, apply in relation to the election of persons to any of the offices mentioned in sub-clause (1).

    (3) Each officer of the Association shall hold office until the Annual General Meeting next after the date of his or her election but is eligible for re-election.

  4. The President may only hold that office for two consecutive terms unless no other nomination for the position is received at an Annual General Meeting.

    (5) In the event of a casual vacancy in any office referred to in sub-clause (1) the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the Annual General Meeting next following the date of the appointment.

    (6) The Committee may determine to combine the roles of Treasurer and Secretary and seek the nomination of a person to fill the combined role at the Annual General Meeting.

    12. (1) Subject to section 23 of the Act, the Committee shall consist of ñ

    (a) the officers of the Association; and

    (b) up to four ordinary members each of whom shall be elected at the Annual General Meeting of the Association in each year.

    (2) Each ordinary member of the Committee shall, subject to these Rules, hold office until the Annual General Meeting next after the date of election but is eligible for re-election.

    (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 Association to fill the vacancy and the member so appoint shall hold office, subject to these Rules, until the conclusion of the Annual General Meeting next following the date of the appointment.

ELECTION OF OFFICERS AND VACANCY

    13. (1) Nominations of candidates for election as officers of the Association or as ordinary members of the Committee ñ

  1. shall be made orally at the Annual General Meeting or in writing in the form or to the effect of Appendix 2, signed by two members of the Association; and
  2. if in writing shall be delivered to the Secretary of the Association at or not less than seven days before the date fixed for the holding of the Annual General Meeting.

    (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

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

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

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

  3. A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for another office for election at the same election.
  4. A person nominated must be in attendance at the Annual General Meeting or have lodged with the Secretary a written acceptance of nomination in the form or to the effect of Appendix 3 before the vote is taken and may decline to accept nomination.
  5. No person may
  6. nominate or be nominated as an officer or ordinary member of the Committee or
  7. be a Proposer or
  8. be a Seconder

    unless they are and have been a fully paid up member of the Association for not less than six months

  9. vote at any meeting unless they are and have been a fully paid up member of the Association for not less than three months

    14. For the purposes of these Rules, the office of an officer of the Association or of an ordinary member of the Committee becomes vacant if the officer or member ñ

    (a) ceases to be a member of the Association;

    (b) becomes an insolvent under administration within the meaning of the Companies (Victoria) Code

or

  1. resigns from office by notice in writing given to the Secretary.

PROCEEDINGS OF COMMITTEE

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

    (2) Special meetings of the Committee may be convened by the President or by any four of the member of the Committee.

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

    (4) Any three members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.

    (5) No business shall be transacted unless a quorum is present and if within an hour of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same place and the same hour of the same day in the following week unless the meeting was a special meeting in which case it lapses.

    (6) At meetings of the Committee ñ

  1. the President or in the President's absence a person nominated by the President shall preside; or
  2. if the President does not nominate a replacement, such one of the remaining members of the Committee as may be chosen by the members present shall preside.

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

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

    (9) Written notice of each Committee meeting shall be served on each member of the Committee through the Association Journal or by such means as may be necessary from time to time.

    (10) Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the Committee.

SECRETARY

TREASURER

REMOVAL OF MEMBER OF COMMITTEE

CHEQUES

SEAL

    20. (1) The Common Seal of the Association shall be kept in the custody of the Secretary.

  1. The Common Seal shall not be affixed to any instrument except by the authority of the Committee the affixing of the Common Seal shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of the Public Officer of the Association.

 

 

ALTERATION OF RULES AND STATEMENT OF PURPOSES

NOTICES

WINDING UP OR CANCELLATION

CUSTODY OF RECORDS

FUNDS

SALE of ITEMS

    26. (1) Any goods donated or bequeathed to the Association that the Committee deems to be superfluous to the needs of the Association must be auctioned at a General Meeting of the Association.

  1. Goods disposed of under the provision of sub-clause (1) must, before sale, be assigned a reserve price as determined by the Committee. If any item fails to reach the reserve price, the Committee may determine to ñ
  2. resubmit the item at a lower, or no reserve price or
  3. submit the item for public auction.
  4. At any auction conducted by the Association, only members who have paid the current year's subscription, and have been members for not less than three months may purchase items.
  5. If any items are donated for the purpose of auction by the Association, where the prices achieved for the items are to be paid to the donor, the Committee may determine the appropriate commission on the sale price to be paid by either or both the vendor and the purchaser.
  6. If a Committee member, in the course of his duty as a member of the Association, receives items for re-sale, he/she shall treat such items as a donation to the Association.
  7. The Committee may determine to purchase from any person, including any member of the Association, at fair market value, goods for use by the Association, or for resale to raise funds for the Association.

DISPUTES AND MEDIATION

(4) The mediator must be -

(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 -

(9) The mediator must not determine the dispute.


Appendix 1

APPLICATION FOR MEMBERSHIP OF

The Victorian 3D Society Incorporated

 

I, ...................................................................................................................................................................................................

(Full name of applicant)

 

of .....................................................................................................................................................................................................
(Home Address)

....................................................................................................................................................................................................
(Home Phone) (Home Fax) (Mobile Phone)

 

.....................................................................................................................................................................................................
(Work Address)

.....................................................................................................................................................................................................
(Work Phone) (Work Fax) (Occupation)

 

desire to become

*an individual member at a current annual subscription fee of $____.

*a concessional member at a current annual subscription fee of $______. because I am:

 

.....................................................................................................................................................................................................

(Insert reason for seeking concessional membership. The Secretary may ask you for evidence of your claim)

 

*a member on behalf of my family at a current annual subscription fee of $Ö. that currently includes the following persons residing at my home address:-

...................................................................................................................................................................................................

(Provide details of names and ages of the family members included in your application)

*(choose one only)

 

of the 3D Society of Melbourne Australia Incorporated

I enclose the annual subscription of $_________ payable for the type of membership that I have indicated above.
In the event of my admission as a member, I agree to be bound by the Rules of the Association for the time being in force.

 

.................................................................................

Signature of Applicant

Date.........................................................................


Appendix 2

NOMINATION OF MEMBER FOR THE COMMITTEE OF

The Victorian 3D Society Incorporated

 

I, ..................................................................................................................................

(Name of person proposing the nomination)

being a fully paid up member of the Association for not less than six months preceding the date of this nomination

 

and I, ....................................................................................................................................

(Name of person seconding the nomination)

being a fully paid up member of the Association for not less than six months preceding the date of this nomination

nominate

................................................................................................................................... a member of the Association

(Name of person being nominated)

who is the best of our knowledge a fully paid up member of the Association for not less than six months preceding the date of this nomination and who is personally known to us, to serve on the Committee of Management of the Association as

*President

*Secretary

*Treasurer

*Combined Secretary/Treasurer

*Competition Director

*Ordinary Member

*(circle one only)

 

.................................................................................

 

Signature of Proposer

Date.........................................................................

.................................................................................

 

Signature of Seconder

Date.........................................................................

 


Appendix 3

ACCEPTANCE BY A PERSON NOT ABLE TO ATTEND THE ANNUAL GENERAL MEETING
OF NOMINATION FOR MEMBERSHIP OF THE COMMITTEE OF

The Victorian 3D Society Incorporated

 

I, ...................................................................................................................................

(Full Name of Person Being Nominated)

 

of .....................................................................................................................................................................................................

(Home Address)

..........................................................................................................................................................................................

(Home Phone) (Home Fax) (Mobile Phone)

 

..................................................................................................................................................................................................

(Work Address)

..........................................................................................................................................................................................

(Work Phone) (Work Fax) (Occupation)

being a full paid up member of the Association for not less than six months preceding the date of my nomination and being unable to attend the Annual General Meeting and having been nominated for the position of

*President

*Secretary

*Treasurer

*Combined Secretary/Treasurer

*Competition Director

*Ordinary Member

 

*(circle one only)

accept the nomination and stand for election

 

.................................................................................

Signature of Nominee

 

Date.........................................................................



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