Constitution

You can view the  Coastwatchers Constitution as a PDF (223KB; opens in a new tab), or read the text it contains below.

THE COASTWATCHERS ASSOCIATION INC

PO Box 521, Batemans Bay NSW 2536

RULES (CONSTITUTION)

As amended 2 September 2006

PART A

  1. Name
  2. Aims
  3. Functions
  4. Statements
  5. Rules for operation of the public fund

PART B: RULES OF THE ASSOCIATION

Part 1 Preliminary

1 Definitions

Part 2 MEMBERSHIP

2 Membership qualifications

3 Application for membership

4 Cessation of membership

5 Membership entitlements not transferable

6 Resignation of membership

7 Register of members

8 Fees and subscriptions

9 Members’ liabilities

10 Resolution of internal disputes

11 Disciplining of members

12 Right of appeal of disciplined member

Part 3 THE COMMITTEE

13 Powers of the committee

14 Constitution and membership

15 Election of members

16 Secretary

17 Treasurer

18 Casual vacancies

19 Removal of member

20 Meetings and quorum

21 Delegation by committee to sub-committee

22 Voting and decisions

23 Register of members of the committee

Part 4 GENERAL MEETING

24 Annual general meetings – holding of

25 Annual general meetings – calling of and business at

26 Special general meetings – calling of

27 Notice

28 Procedure

29 Presiding member

30 Adjournment

31 Making of decisions

32 Special resolution

33 Voting

34 Appointment of proxies

Part 5 MISCELLANEOUS

35 Insurance

36 Funds – source

37 Funds – management

38 Funds – requirements for the public fund

39 Alteration of objects and rules

40 Common seal

41 Custody of records, books and other documents

42 Inspection of records, books and other documents

43 Service of notices

44 Privacy policy

45 Complaints handling policy

PART A: AIMS, FUNCTIONS AND PUBLIC STATEMENTS

  1. Name

“The Coastwatchers Association Incorporated”

Short Title: “The Coastwatchers”, hereinafter called the Association.

  1. Aims

  1. To take action to protect the natural environment and preserve the integrity of ecological systems in the Eurobodalla and Shoalhaven areas of New South Wales.

  2. To oppose the unnecessary destruction and degradation of natural systems, unbalanced development, and pollution.

  3. To investigate threats to the survival of any species or plant and animal communities with a view to the maintenance and enhancement of environmental quality, and where necessary or desirable, oppose such threats.

  4. To develop and where necessary or desirable utilise an understanding of the political and social processes which directly or indirectly affect the natural environment.

  5. To promote those ideas and actions which will enhance humankind’s understanding, enjoyment and protection of the natural environment.

  6. To collect, store, and make available information in areas that pertain to these objectives.

  7. To co-operate with and provide support for other groups pursuing similar objectives on the south coast and adjacent areas, and promote the exchange of resources and information between groups.

  8. To undertake such other conservation activities as the membership shall from time to time resolve.

  9. To establish and maintain a public fund to be called the Coastwatchers Environment Fund (The Fund) for the specific purpose of supporting the environmental objects/purposes of The Coastwatchers Association Inc.

  10. The Fund is established to receive all gifts of money or property for this purpose and any money received because of such gifts must be credited to its bank account. The Fund must not receive any other money or property into its account and it must comply with subdivision 30-E of the Income Tax Assessment Act 1997.

  1. Functions

In order to administer and execute the aims of the Association, the Association shall have the power to:

    1. Present a common viewpoint on behalf of its members to government, any government agency, public authority, the information media, the general public, or any appropriate body.

    2. Consider, and where necessary or desirable, act upon conservation or environmental problems and issues which arise from time to time.

    3. Appoint working groups and members, and delegate powers to such working groups or members to assemble information in relation to specific matters, to develop policies regarding such matters for adoption or otherwise by the Association and perform any other function as determined by the Association. Co-opt skilled non-members to such groups in specific issues.

    4. Act as a repository and clearinghouse of information and resources on conservation matters and establish premises for the purpose.

    5. Provide assistance to other institutions and organizations so as to develop an interest in and knowledge of matters relating to conservation and environmental protection.

    6. Purchase, lease or hire, or otherwise acquire any property that may be deemed necessary or convenient for any of the aims of the Association.

    7. Buy, sell, supply or deal in goods of all kinds, or provide services of any kind.

    8. Accept any gift or grant for any one or more of the aims of the Association.

    9. Raise money by procuring contributions, subscriptions, grants, or otherwise as may be decided by the members, and invest in approved trustee investments.

    10. Publish such newspapers, newssheets, letters, periodicals, books, leaflets or other such documents as the members may find desirable for the promotion of the aims of the Association.

k) Establish and support or aid in the establishment and support of any other organization formed for any of the objectives of the Association.

l) Do all such things as may seem necessary, expedient, or desirable to carry out the objectives of the Association as stated herein.

  1. Public Statements

The Association assumes responsibility for authorised public statements by its appointed officers. The Association shall be able to restrain any individual member of the Association who issues a public statement in a private capacity from acting as if he/she represents the views of members of the Association, and seek retraction of such statements and issue qualifying statements where deemed appropriate.

  1. Rules for Operation of the Public Fund

  1. The objective of the fund is to support the organization’s environmental purposes.

  2. Members of the public are to be invited to make gifts of money or property to the fund for the environmental purposes of the organization.

  3. Money from interest on donations, income derived from donated property, and money from the realisation of such property is to be deposited into the fund.

  4. A separate bank account is to be opened to deposit money donated to the fund, including interest accruing thereon, and gifts to it are to be kept separate from other funds of the organization.

  5. Receipts are to be issued in the name of the fund and proper accounting records and procedures are to be kept and used for the fund.

  6. The fund will be operated on a not-for-profit basis.

  7. An allocations committee of no fewer than three persons will decide how the fund will be spent. The committee will be appointed by the organization. A majority of the members of the committee are required to be ‘responsible persons’ as defined by the Guidelines to the Register of Environmental Organizations.

PART B: RULES OF THE ASSOCIATION

Part 1 Preliminary

    1. Definitions

      1. In these rules:

Director-General means the Director-General of the Department of Fair Trading.

financial member means a member of the association who has paid all fees and subscriptions as referred to in rule 8.

junior member means a member of the association who is at least eight years and less than eighteen years of age.

ordinary member of the committee means a member of the committee who is not an office-bearer of the association, as referred to in rule 14(3).

secretary means:

      1. the person holding office under these rules as secretary of the association, or

      2. if no such person holds that office – the public officer of the association.

Special general meeting means a general meeting of the association other than an annual general meeting.

the Act means the Associations Incorporation Act 1984.

the regulation means the Associations Incorporation Regulation 1999.

      1. In these rules:

        1. a reference to a function includes a reference to a power, authority and duty, and

        2. a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

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

Part 2 MEMBERSHIP

    1. Membership qualifications

A person is qualified to be a member of the association if, but only if:

  1. the person is a person referred to in section 15(1) (a), (b) or (c) of the Act and has not ceased to be a member of the association at any time after incorporation of the association under the Act,

or

  1. the person is a natural person who:

(i) is at least eight years of age, and

(ii) who has applied for membership of the association as provided by rule 3, and

(iii) who has been approved for membership of the association by the committee of the association.

            1. Application for membership

                  1. An application of a person for membership of the association:

(a) must be made in writing in an application form which includes the particulars contained in the form set out in Appendix 1 to these rules, and

(b) if the person is applying to become a junior member of the association, must show the person’s date of birth and be endorsed with the consent of the person’s parent or guardian, and

(c) must be lodged with the secretary of the association, and

(d) must include payment of the sum payable under these rules by a member as entrance fee and annual subscription, unless otherwise allowed for.

(2) As soon as practicable after receiving an application for membership, the secretary must refer the application to the committee which is to determine whether to approve or to reject the application.

(3) As soon as practicable after the committee makes that determination, the secretary must:

(a) notify the applicant, in writing, that the committee approved or rejected the application (whichever is applicable), and

(b) If the committee approved the application, enter the applicant’s name in the register of members and, on the name being so entered, the applicant becomes a member of the association, or

(c) if the committee did not approve the application, include in the notification a refund to the of the sum paid referred to in clause (1)(d) of this rule.

4 Cessation of membership

(1) A person ceases to be a member of the association if the person:

  1. dies, or

  2. resigns membership, or

  3. is expelled from the association.

(2) A person may also cease to be a member of the association by decision of the committee but only if:

(a) the person has not paid annual membership fees, as required by rule 8, within 12 months of the due date, and

(b) the secretary has notified the person, in writing, of the committee’s decision to terminate the person’s membership, and

(c) the person has not responded to the notification by payment of the outstanding fees within the period of 28 days after receipt of the notification.

5 Membership entitlements not transferable

A right, privilege or obligation, which a person has by reason of being a member of the association:

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

(b) terminates on cessation of the person’s membership.

6 Resignation of membership

(1) A member of the association is not entitled to resign that membership except in accordance with this rule.

                  1. A member of the association may resign from membership of the association by first giving to the secretary written notice of at least one month (or such other period as the committee may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.

                  2. If a member of the association ceases to be a member under clause (2), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member and, if the member was not a financial member, the amount owed by the member on that date.

7 Register of members

(1) The public officer of the association must establish and maintain a register of members of the association specifying the name and address of each person who is a member of the association together with the date on which the person became a member and, where a person’s membership has ceased under these rules, the date on which the member ceased to be a member and the amount owed, if any, by the person at the time the membership ceased. Any other personal information provided by members will be kept separate from the register of members and will not be open to inspection under rule 42.

(2) The register of members must be kept at the principal place of administration of the association and must be open for inspection, free of charge, by any member of the association at a mutually agreed time.

(3) The public officer must maintain a record of members who have inspected the register of members, the date on which the inspection was made and the reason given by the member for inspecting the register.

      1. Fees and subscriptions

(1) A member of the association must, on admission to membership, pay to the association a fee of $1 or, if some other amount is determined by the committee, that other amount.

(2) In addition to any amount payable by the member under clause (1), a member of the association must pay to the association an annual membership fee of $2 or, if some other amount is determined by the committee, that other amount:

  1. except as provided by paragraphs (b) and (c), due on 1 July in each calendar year, or

  2. if a person applies for membership on or after 1 July in any calendar year – on becoming a member and before 1 July in each succeeding calendar year, or

(c) if a person applies for membership on or after 1 January in any calendar year – on applying for membership and before 1 July in each succeeding calendar year.

(3) The committee may determine different amounts as concessional fees and subscriptions for specific groups of members, including but not limited to:

(a) junior members,

(b) student members,

(c) members who are part of a family group of members residing in the same household,

(d) pensioners.

(4) The committee may reduce, suspend or waive fees and subscriptions for any member in clearly demonstrated cases of genuine illness or hardship or, if prearranged, for prolonged absence overseas exceeding a period of 12 months.

9 Members’ liabilities

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

  1. Resolution of internal disputes

  1. Disputes between members (in their capacity as members) of the association, and disputes between members and the association, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.

  1. At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.

  1. Disciplining of members

  1. A complaint may be made to the committee by any person that a member of the association:

    1. has persistently refused or neglected to comply with a provision or provisions of these rules, or

    2. has persistently and wilfully acted in a manner prejudicial to the interests of the association.

  2. On receiving such a complaint, the committee:

    1. must cause notice of the complaint to be served on the member concerned; and

    2. must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint, and

    3. must take into consideration any submissions made by the member in connection with the complaint.

  3. The committee may, by resolution, expel the member from the association or suspend the member from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.

  4. If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member’s right of appeal under rule 12.

  5. The expulsion or suspension does not take effect:

    1. until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or

    2. if within that period the member exercises the right of appeal, unless and until the association confirms the resolution under rule 12(5), whichever is the later.
  1. Right of appeal of disciplined member

      1. A member may appeal to the association in general meeting against a resolution of the committee under rule 11, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.

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

      3. On receipt of a notice from a member under clause (1), the secretary must notify the committee, which is to convene a general meeting of the association to be held within 28 days after the date on which the secretary received the notice.

      4. At a general meeting of the association convened under clause (3):

(a) no business other than the question of the appeal is to be transacted, and

(b) the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and

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

      1. If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

Part 3 THE COMMITTEE

  1. Powers of the committee

The committee is to be called the committee of management of the association and, subject to the Act, the Regulation and these rules and to any resolution passed by the association in general meeting:

(a) is to control and manage the affairs of the association, and

(b) may exercise all such functions as may be exercised by the association, other than those functions that are required by these rules to be exercised by a general meeting of members of the association, and

(c) has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the association.

  1. Constitution and membership

  1. Subject in the case of the first members of the committee to section 21 of the Act, the committee is to consist of:

(a) the office-bearers of the association, and

(b) 3 ordinary members of the committee,

each of whom is to be elected at the annual general meeting of the association under rule 15.

(2) Each member of the committee must:

(a) be a financial member of the association, and

(b) be aged 18 years or older

(3) The office-bearers of the association are to be:

(a) the president

(b) the vice-president

(c) the treasurer, and

(d) the secretary

(4) Each member of the committee is, subject to these rules, to hold office until the conclusion of the annual general meeting following the date of the member’s election, but is eligible for re-election.

(5) In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.

            1. Election of members

              1. Nominations of candidates for election as office-bearers of the association or as ordinary members of the committee:

    1. must be made in writing, signed by 2 members of the association, and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), provided that both the members making the nomination and the candidate are financial members and are aged 18 years or older.

    2. must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

(2) At that point in the annual general meeting where the business of the meeting is to elect office-bearers of the association and ordinary members of the committee, the chairperson will:

(a) call for and conduct the election of a returning officer from amongst those financial members at the meeting who are not candidates for membership of the committee, and

(b) vacate the chair for the returning officer to preside over the election.

(3) If insufficient nominations are received to fill all vacancies on the committee, the returning officer will call for the meeting to endorse those candidates as having been elected and receive further nominations to fill the remaining vacancies.

(4) If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.

(5) If the number of nominations received is equal to the number of vacancies to be filled, the returning officer will call for the meeting to endorse those candidates as having been elected.

(6) If the number of nominations received exceeds the number of vacancies to be filled, the returning officer will conduct a ballot.

(7) The ballot for the election of office-bearers and ordinary members of the committee is to be conducted at the annual general meeting in such usual and proper manner as the returning officer may direct.

(8) At the conclusion of the election of members of the committee, the chairperson will resume the chair.

            1. Secretary

              1. The Secretary of the association must, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address.

              2. It is the duty of the secretary to keep minutes of:

    1. all appointments of office-bearers and members of the committee,

    2. the names of members of the committee present at a committee meeting or a general meeting, and

    3. all proceedings at committee meetings and general meetings.

              1. Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.

            1. Treasurer

It is the duty of the treasurer of the association to ensure:

(a) that all money due to the association is collected and received and that all payments authorised by the association are made,

and

(b) that correct books and accounts are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association.

            1. Casual vacancies

For the purposes of these rules, a casual vacancy in the office of a member of the committee occurs if the member:

    1. dies, or

    2. ceases to be a member of the association, or

    3. becomes an insolvent under administration within the meaning of the Corporations Law, or

    4. resigns office by notice in writing given to the secretary, or

    5. is removed from office under rule 19, or

    6. becomes a mentally incapacitated person, or

    7. is absent without the consent of the committee from all meetings of the committee held during a period of 6 months.

            1. Removal of member

              1. The association in general meeting may by resolution remove any member of the committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.

              2. If a member of the committee to whom a proposed resolution referred to in clause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representation be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

            1. Meetings and quorum

              1. The committee must meet at least 3 times in each period of 12 months at such place and time as the committee may determine.

              2. Additional meetings of the committee may be convened by the president or by any member of the committee.

              3. Oral or written notice of a meeting of the committee must be given by the secretary to each member of the committee at least 48 hours (or such other period as many be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.

              4. Notice of a meeting given under clause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.

              5. Any 4 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee, provided that at least 2 of those members are office bearers.

              6. No business is to be transacted by the committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.

              7. If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.

              8. At a meeting of the committee:

(a) the president or, in the president’s absence, the vice-president is to preside, or

(b) if the president and the vice-president are absent or unwilling to act, such one of the remaining members of the committee as may be chosen by the members present at the meeting is to preside.

            1. Delegation by committee to sub-committee

              1. The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member, or members, of the association as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than:

(a) this power of delegation, and

(b) a function which is a duty imposed on the committee by the Act or by any other law.

              1. A function, the exercise of which has been delegated to a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.

              2. A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.

              3. Despite any delegation under this rule, the committee may continue to exercise any function delegated.

              4. Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the committee.

              5. The committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.

              6. A sub-committee may meet and adjourn, as it thinks proper.

            1. Voting and decisions

              1. Questions arising at a meeting of the committee or of any sub-committee appointed by the committee are to be determined by a majority of the votes of financial members of the committee or sub-committee present at the meeting.

              2. Each financial 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 but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

              3. Subject to rule 20(5), the committee may act despite any vacancy on the committee.

              4. Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.

23 Register of committee members

  1. In accordance with s.21A of the Act, the public officer must establish and maintain a register of committee members, to be kept at the principal place of administration of the association and, if the association ceases to exist, retained for a period of 2 years from that date.

  2. The register of committee members must contain the following particulars:

    1. the name and residential address of each person who is a member of the committee, and

    2. the date on which the person became a member of the committee, and

    3. the position held by the person on the committee,

  1. The public officer must record in the register of committee members any change in the membership of the committee, including any change to the particulars specified in clause (2) within 1 month of the change occurring.

  2. The register of committee members must be kept at the principal place of administration of the association and must be open for inspection, free of charge, by any member of the association at any reasonable hour at a mutually agreed time.

Part 4 GENERAL MEETINGS

  1. Annual general meetings – holding of

(1) With the exception of the first annual general meeting of the association, the association must, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members.

(2) The association must hold its first annual general meeting:

(a) within the period of 18 months after its incorporation under the Act, and

(b) within the period of 6 months after the expiration of the first financial year of the association.

(3) Clauses (1) and (2) have effect subject to any extension or permission granted by the Director-General under section 26(3) of the Act.

  1. Annual general meetings – calling of and business at

(1) The annual general meeting of the association is, subject to the Act and to rule 24, to be convened on such date and at such place and time as the committee thinks fit.

(2) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:

(a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,

(b) to receive from the committee reports on the activities of the association during the last preceding financial year,

(c) to elect office-bearers of the association and ordinary members of the committee,

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

(3) An annual general meeting must be specified as such in the notice convening it.

  1. Special general meetings – calling of

(1) The committee may, whenever it thinks fit, convene a special general meeting of the association.

(2) The committee must, on the requisition in writing of at least 5 per cent of the total number of financial members of the association, convene a special general meeting of the association.

(3) Such requisition:

(a) must state the purpose or purposes of the meeting, and

(b) must be signed by the members making the requisition, and

(c) must be lodged with the secretary, and

(d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.

(4) If the committee fails to convene a special general meeting to be held within 1 month after that date on which a requisition of members for the meeting is lodged with the secretary, the public officer must immediately send out a notice to convene the special general meeting.

(5) If the public officer fails to convene the special general meeting in accordance with this rule then the members requesting the special meeting will have recourse to the resolution of internal disputes provisions contained in rule 10.

(6) A special general meeting convened by the public officer, as referred to in clause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee and any member, or the public officer who consequently incurs expenses is entitled to be reimbursed by the association for any expense so incurred.

  1. Notice

(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary, or the public officer, as referred to in clause 26(4), must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

(2) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary, or the public officer, must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution.

(3) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under rule 25(2).

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

  1. Procedure

(1) No item of business is to be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that item.

(2) Ten financial members present in person (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.

(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:

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

(b) in any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated 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 a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being at least 3) is to constitute a quorum.

  1. Presiding member

(1) The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the association.

(2) If the president and the vice-president are absent or unwilling to act, the financial members present must elect one of their number, being another financial member, to preside as chairperson at the meeting.

  1. Adjournment

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

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

(3) Except as provided in clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

  1. Making of decisions

(1) A question arising at a general meeting of the association is to 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, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

(2) At a general meeting of the association, a poll may be demanded by the chairperson or by at least 3 members present in person or by proxy at the meeting.

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

      1. immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment, or

      2. in any other case, in such manner and at such time before the close of the meeting as the chairperson directs,

and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.

  1. Special resolution

A resolution of the association is a special resolution:

      1. if it is passed by a majority which comprises at least three-quarters of those financial members who voted in person or by proxy at a general meeting of which at least 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or

      2. where it is made to appear to the Director-General that it is not practicable for the resolution to be passed in the manner specified in paragraph (a) if the resolution is passed in a manner specified by the Director-General.

  1. Voting

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

(2) All votes must be given personally or by proxy and there is no limit on the number of proxy votes held by any one member.

(3) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

(4) A member or proxy is not entitled to vote at any general meeting of the association unless that member or proxy is a financial member in accordance with these rules.

  1. Appointment of proxies

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

(2) The notice appointing the proxy is to be in the form set out in Appendix 2 to these rules.

Part 5 MISCELLANEOUS

  1. Insurance

The association may effect and maintain insurance.

  1. Funds – source

(1) The funds of the association are to be derived from entrance fees and annual subscriptions of members, donations, grants and, subject to any resolution passed by the association in general meeting, such other sources as the committee determines.

(2) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s appropriate bank account.

(3) The association must, as soon as practicable after receiving any money, issue an appropriate receipt.

  1. Funds – management

(1) Subject to any resolution passed by the association in general meeting, the funds of the association are to be used in pursuance of the objects of the association in such manner as the committee determines.

(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee or employees of the association, being members or employees authorised to do so by the committee, provided that those 2 members or employees are not members of the same household.

  1. Funds – requirements for the public fund

The organization must inform the Commonwealth Department responsible for the environment as soon as possible if:

  1. it changes its name or the name of its public fund; or

  2. there is any change to the membership of the management committee of the public fund; or

  3. there has been any departure from the model rules for public funds:

  1. Ministerial Rules: The organization agrees to comply with any rules that the Treasurer and the Minister with responsibility for the environment may make to ensure that gifts made to the fund are only used for its principal purpose.

  2. Not-for-Profit: The income and property of the organization shall be used and applied solely in promotion of its objects and no portion shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or by way of profit to members, directors, or trustees of the organization.

  3. Conduit Policy: Any allocation of funds or property to other persons or organizations will be made in accordance with the established purposes of the organization and not be influenced by the preference of the donor.

  4. Winding-up: In case of the winding-up of the Fund, any surplus assets are to be transferred to another fund with similar objectives that is on the Register of Environmental Organizations.

  5. Statistical Information: Statistical information requested by the Department on donations to the Public Fund will be provided within four months of the end of the financial year.
  6. Audited Financial Statement: An audited financial statement for the organization and its public fund will be supplied with the annual statistical return. The statement will provide information on the expenditure of public fund monies and the management of public fund assets.

  1. Alteration of objects and rules

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

  1. Common seal

    1. The common seal of the association must be kept in the custody of the public officer.

    2. The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of 2 members of the committee or of 1 member of the committee and of the public officer or secretary.

  1. Custody of records, books and other documents

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

  1. Inspection of records, books and other documents

The records, books and other documents of the association must be open to inspection, free of charge, by a member of the association at a mutually agreed time. Personal information provided by members, as referred to in rule 7(1), will not be open to inspection.

  1. Service of notices

(1) For the purpose of these rules, a notice may be served on or given to a person:

      1. by delivering it to the person personally, or

      2. by sending it by pre-paid post to the address of the person, or

      3. by sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.

(2) For the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served:

      1. in the case of a notice given or served personally, on the date on which it is received by the addressee, and

      2. in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and

      3. in the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent, or if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.

  1. Privacy Policy

With reference to The Privacy Act 1988 (Cth) and the Privacy and Personal Information Protection Act 1998 (NSW), the committee shall have in place a written policy that recognises and supports people’s right to privacy in relation to such information as they supply to the association. This document will be open to inspection in accordance with rule 42.

  1. Complaints Handling Policy

The committee shall have in place a written policy that will properly and effectively deal with complaints made by members of the public and grievances of members. This document will be open to inspection in accordance with rule 42.

Appendix 1

APPLICATION FOR MEMBERSHIP

The Coastwatchers Association Incorporated

(incorporated under the Associations Incorporation Act 1984)

ADULT MEMBERSHIP: [18 years and over]

Full Name of Applicant:

Address:

I hereby apply to become a member of The Coastwatchers Association Incorporated. 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

JUNIOR MEMBERSHIP: [aged 8 to under 18 years]

Full Name of Applicant:

Address:

Date of birth: ____ / ____ / ____

Consent of parent / guardian (this section must be completed)

Full Name of Parent / Guardian:

Address:

I am the parent / guardian of the above junior applicant and hereby give my consent for his/her application for membership and, in the event of his/her admission as a member, accept responsibility for his/her being bound by the rules of the association for the time being in force.

……………………………..

Signature of parent / guardian

……………………………..

Date

Membership Fees and Subscriptions

Attached is my cheque / money order for the amount of $…………….., being the amount of my subscription to become a member of The Coastwatchers Association Incorporated.

I understand that this amount will be refunded to me should my application not be approved.

Appendix 2

FORM OF APPOINTMENT OF PROXY

I, (full name)

of (address)

being a financial member of The Coastwatchers Association Incorporated

hereby appoint (full name of proxy)

of (address)

being a financial member of that incorporated association, as my proxy to vote for me on my behalf at the general meeting of the association (annual general meeting or special general meeting, as the case may be) to be held on the:

………………….…….day of …………..………….(month) ……….(year)

and any adjournment of that meeting.

My proxy is authorised to vote in favour of / against (delete as appropriate) the resolution:

  • [Insert details of resolution]
  • to be inserted if desired.

………………………………………..

Signature of member appointing proxy

………………………………………..

Date

A proxy vote may not be given to a person who is not financial member of the association.