WESTERN AUSTRALIAN SHOOTING ASSOCIATION (INC)

Transcription

1 WESTERN AUSTRALIAN SHOOTING ASSOCIATION (INC) CONSTITUTION REVISED: 21 st August 2007 ACCEPTED: WASA (Inc) Annual General Meeting 21 st August 2007 REVISED: July 2010 ACCEPTED: WASA (Inc) Special General Meeting August 2013

2 Constitution of the Western Australian Shooting Association (Inc) Page 2 WESTERN AUSTRALIAN SHOOTING ASSOCIATION (INC) CONSTITUTION INDEX Rule No. Heading Page 1.0 Name Interpretations Objects Membership 4 Ordinary Members Associate Members Affiliate Members Representation and Status of Members Application for Membership Membership Fees Termination and Suspension of Members 5.0 Responsibilities of the Association Finances, Banking and Accounts Property, Funds and Payments Management: 6 Elected Officers Executive Committee Complex Management Committee Sub committees 9.0 Election and Duties of Office Bearers: 9 President Vice President Secretary Treasurer 10.0 Trustees Auditors Meetings: Council Meeting Agenda for Annual General Meeting Executive and Sub-Committee Meetings Special General Meeting 13.0 Amendments to Constitution, By-Laws and Regulations: Constitution By-laws 14.0 Dissolution of Association Common Seal Notices Conflicts Constitution of the Western Australian Shooting Association (Inc) Page 2

3 Constitution of the Western Australian Shooting Association (Inc) Page NAME The Name of the Association shall be the Western Australian Shooting Association (Incorporated) hereinafter referred to as W.A.S.A. (Inc) or The Association. 2.0 INTERPRETATIONS In this Constitution unless inconsistent with the text or subject matter: the Act means the Associations and Incorporations Act; Complex means the Whiteman Park International Shooting Complex; the Council means the Members Council as defined in sub-clause 4.3.1; Delegate means the delegates referred to in sub-clause 4.3.2; firearm has the same meaning as that contained in the Firearms Act (WA); in writing or written means printed or other means of representing or reproducing words in visible form; Member means Ordinary Member, Associate Member, Affiliate Member or Sponsor; Special Resolution means a resolution under the Act; W.A means Western Australia; A.G.M means Annual General Meeting; The male gender shall include the female gender and the singular number shall include the plural number; Executive Committee is as defined in Clause 8.3 and hereinafter referred to as the Executive ; Complex Management Committee (hereinafter referred to as the CMC) is the Committee responsible to the Council for the specific management of the Whiteman Park International Shooting Complex; Ballistic shall refer to Firearms and Archery. 3.0 OBJECTS The primary objectives of the Association are: 3.1 To foster, promote, develop and maintain ballistic sports and the private ownership of ballistic equipment for competitive and responsible recreational purposes; 3.2 To affiliate all shooting and other like organizations, societies, associations or institutions in W.A. To provide a means of affiliation similar to those of the Association, so as to promote cooperation and encourage coordination of activities between them; 3.3 To foster participation of West Australians in State, National and International competition. To encourage, promote and if requested, manage such competitions held in Western Australia; 3.4 To promote the education of people in the art of shooting, safe handling of ballistic equipment, field etiquette and the law as it applies to participants; 3.5 To advocate, foster and implement the recognition of sound ecological management; 3.6 To promote and support education in conservation of game animals and wildlife, including conservation projects; 3.7 To discourage wanton destruction of wildlife and their habitats; and 3.8 To advocate and support responsible firearms legislation and related controls in the best interests of its members. 4.0 MEMBERSHIP 4.1 The Association shall be an association of affiliated ballistic sports or other organizations, societies, federations or institutions having objects or aims similar to those of this Association or commercial enterprises that support the objects and activities of the Association. 4.2 Membership categories: Ordinary Members (voting member): Any ballistic or archery body incorporated in the State of W.A which officially represents W.A. on a recognised national ballistic or archery body Any ballistic or archery body incorporated in the State of W.A which provides a recognized ballistic or archery competition for which the field of Constitution of the Western Australian Shooting Association (Inc) Page 3

4 Constitution of the Western Australian Shooting Association (Inc) Page 4 interest of such activity is not contested by any Ordinary Member as defined in sub-clause Associate Members (non voting members) Any association, society, institution, group, government department or body interested in promoting and/or co-ordinating with the Association to attain in whole or in part the objects as set out in this Constitution but who are ineligible to be accepted as Ordinary Members Affiliate Members (non voting members) Any commercial enterprise or the like that demonstrates support for furtherance of the Association s objects as determined by the Association. 4.3 Representation and Status of Members The Member s Council There shall be a Member s Council known as the Council, consisting of one delegate appointed by each Ordinary Member, according to their own constitution, rule, memorandum of association or like Ordinary Members shall be authorised to appoint one voting delegate to the Association s Annual General Meeting and one voting delegate to the Council. There is no facility for proxy voting No Member of the Association shall have any right to, or interest in, the property or funds of the Association other than the right to use such property in the exercise of its privileges as a Member as determined by Council Each member shall have full and absolute control over its own affairs in their own constitutional field of interest. No resolution of the Association or any of its members shall derogate from this principle. 4.3 Application for Membership Any association, society, institution, government body or commercial enterprise desirous of becoming an Ordinary Member, Associate Member or Affiliate Member of the Association shall make application stating clearly their: Registered Name; A brief summary of activities; and A list of current office bearers, owner and/or manager, or nominee Applicants shall enclose a copy of their constitution, rules or memorandum of association and payment of the appropriate annual membership fee in full. Such fee is refundable in the event that the membership is refused The Association Secretary or other authorised officer shall forward to WASA, for distribution to all current Ordinary Members and their delegates, copies of the Application for Membership at least thirty (30) days prior to any Council Meeting at which the Application shall be approved, rejected or deferred The Application for Membership shall be granted provided: In the absolute discretion of the Council the applicant s activities or interests do not encroach upon or overlap that of any other financial Ordinary Member and if so with written consent of any such Member; and The Application is supported by at least seventy-five per cent (75%) of the Delegates of Council present and eligible to vote. 4.5 Membership Fees Membership Fees payable annually shall be determined at the Annual General Meeting for the following Membership year Fees will be uniform for each Ordinary Member. Affiliate and Associate Member s membership fees shall be 75% of the Ordinary Members fee The Membership Year of the Association shall be from the first day of July in each year. A new Member s fees will be a pro-rata amount in the year of admission and a full annual subscription thereafter Members who have not paid their Membership Fees by the A.G.M shall be deemed not to be financial and shall forfeit all voting rights until financial. Constitution of the Western Australian Shooting Association (Inc) Page 4

5 Constitution of the Western Australian Shooting Association (Inc) Page Termination and Suspension of Members Membership to the Association (however described) shall be terminated following the Secretary s receipt in writing of a declaration terminating membership by any Member and providing all outstanding accounts have been paid and property belonging to or otherwise controlled by the Association has been returned The Council may suspend or terminate the membership of any Member where in the absolute discretion of the Council, such Member is deemed: to have brought discredit on the Association or any of its members; or has failed for six months to pay the required membership fee days written notice of the intention to suspend shall be sent to the Member and thereafter the Member shall be given the opportunity to be heard on the hearing of any such motion Suspended or terminated members shall have no claim on the Association for the return in full or in part of any monies paid to the Association for whatsoever reason but shall continue to be liable for all monies still owing to the Association A Member whose membership is suspended or terminated shall have the right of appeal to a special meeting of the Council called for the purpose Any appeal shall be submitted to the Council in writing within twenty-one days of notification of suspension or termination. 5.0 RESPONSIBILITIES OF THE ASSOCIATION 5.1 To acquire, erect, construct, maintain, manage, alter and effect oversee the construction and erection of all buildings, works and conveniences which may seem directly or indirectly conducive to, or necessary or convenient for a shooting complex which may to cater for all or almost all of the competitions and associated activities of the resident Members and clubs. 5.2 To purchase, sell, lease, let, licence or exchange, or otherwise to acquire for the purpose of the Association any real or personal property. 5.3 Subject to a Special Resolution of the Council, to borrow or raise or secure the payment of money in such manner as the Association thinks fit with power to issue debentures, grant mortgages, charges or any class of security upon, or sharing all or any of the property real or personal of the Association and to redeem or pay off any existing or future security. 5.4 Subject to Section 7, appoint, employ and pay officers and servants as shall be required and found necessary for the proper working of the Association and to dismiss or suspend any such appointed officer or servant. 5.5 To accept, buy, sell, manage, develop, exchange, hire, lease, mortgage, hypothecate, charge, turn to account or otherwise deal with any real or personal property, assets, credits, effects, right or privilege of the Association. 5.6 To invest and deal with monies of the Association not immediately required for the purposes of the Association in such a manner as may be determined by the Council. 5.7 To make, amend or substitute regulations or By-laws that comply with the objects and intention of the constitution. 5.8 To do all such acts, deed, matters and things and to enter into and make agreements incidental or conducive to the attainment of the objects of the Association. 6.0 FINANCES, BANKING and ACCOUNTS 6.1 The financial Year of the Association shall be from 1 st July each year until the following 30 th June. 6.2 All monies received from whatever source by or on behalf of the Association shall within seven (7) days be handed to the Treasurer with supporting documents received with or as a result of having received said monies. 6.3 The Treasurer shall be responsible for the issuing of all invoicing documentation in accordance with common business practices for any income derived from whatever source the Association has identified. 6.4 The Treasurer shall lodge forthwith all monies received to the credit of the Association in an account or accounts at a bank or banks approved by Council. Constitution of the Western Australian Shooting Association (Inc) Page 5

6 Constitution of the Western Australian Shooting Association (Inc) Page The accounts of the Association shall be conducted by cheque signed by two persons authorised by the Council. 6.6 Authorised signatories in any event shall be the President, Vice President, Secretary and Treasurer. 6.7 Subject to rules 6.3 and 6.4, the Council may authorise the Treasurer or other authorised persons to hold petty cash to facilitate the efficient workings of the Association. Cash limits shall be authorised by the Council and all cash purchases will be recorded in a Petty Cash Book with documentary proof of the same. 6.8 Accounts are to be kept by the Treasurer All sums of monies received and dealt with by the Association should be accompanied by a voucher and details of the purpose for the receipt or expenditure Records of all sales and purchases of goods by the Association shall be kept Records of acquisition and disposition of assets of the Association shall be kept. 6.9 At the commencement of each financial year the Executive (through the Treasurer) shall prepare or cause to be prepared: An annual Statement of accounts for the year ending 30 th June; and A budget of estimated income and expenditure for the forthcoming year and which must be approved by a majority vote of the Council at the A.G.M The Council may specifically authorise investments as approved in the Act. 7.0 PROPERTY, FUNDS and PAYMENTS 7.1 The income and property of the Association shall be applied solely towards the promotion of the objects and responsibilities of the Association. No portion thereof shall be paid or transferred directly or indirectly by way of dividend or individual bonus or otherwise by profit to any person or association, providing that nothing shall prevent the payment in good faith of: The remuneration to any officers or servants of the Association in return for service actually rendered; Negotiated interest on monies loaned to the Association; and Previously authorised out-of-pocket expenses incurred by any member of the Executive Committee or Complex Management Committee. 7.2 The property of the Association other than money and negotiable securities shall be vested in a trustee or trustees as appointed. See Rule The Association shall not purchase, lease or otherwise acquire or enter into negotiations for purchase, lease or acquisition of any real estate without the authority of the Council. 7.4 In the event of the Association purchasing, leasing or acquiring land or interest therein, the Association shall not expend any monies on the improvement or extensions of the ground or premises without prior approval of the Council. 8.0 MANAGEMENT 8.1 The management of the Association, the custody and control of its funds and property and the exercise of its powers shall be vested in the Council and enacted through the Executive Committee. 8.2 Honorary office bearers of the Association appointed at the Annual General Meeting of the Council shall hold office until the next Annual General Meeting unless otherwise decided by the council at a Special General Meeting called for that purpose. They shall be: Elected Officers: The President, Vice President, Secretary, and Treasurer shall form the Executive Committee. The Immediate Past President may be invited to join the Executive in an ex-officio capacity Appointments by Council: An auditor who is a qualified public accountant, to report on the financial transactions of the Association. 8.3 Executive Committee The Executive Committee shall be responsible to the Council for the management of the Association. Constitution of the Western Australian Shooting Association (Inc) Page 6

7 Constitution of the Western Australian Shooting Association (Inc) Page Members of the Executive Committee shall be ex-officio delegates to the Association. Ex-officio members of the Council, unless by virtue of their appointment as delegate for an Ordinary Member are not eligible to vote Any vacancy in the Executive Committee will be filled at the first opportunity by the Council until the next Annual General Meeting. The Executive Committee will call for nominees and co-opt a suitable replacement until the Council s endorsement is available. 8.4 Complex Management Committee The Complex Management committee shall be responsible to the Council for the management of the Whiteman Park International Shooting Complex. 8.5 Sub Committees The Council may make, vary or rescind the existence of any sub-committee Appointments of all sub-committees unless the term is for less than 12 months, shall only be for a term up to the Annual General Meeting after such appointment Sub-committees of the Association shall not initiate any action or negotiation or incur any expenditure without the prior authority of the Council or the Executive Committee. The Council shall have authority to vest powers or duties to a subcommittee as it deems appropriate The President shall be an ex-officio member of any sub-committee in an advisory and non-voting capacity The sub-committee shall provide the Council and the Executive Committee with copies of all minutes of meetings, and a comprehensive list of recommendations with supporting data for ratification or otherwise by the Council or the Executive Committee. 9.0 ELECTION and DUTIES OF OFFICE BEARERS 9.1 Any Ordinary Member shall be entitled to nominate a member of their association to any position in the Association. Such nomination shall be in writing, shall be accompanied by the written consent of the nominee and shall be delivered to the Secretary twenty-one (21) days prior to the date of the Annual General Meeting. 9.2 Where the number of nominees exceeds the number required to be elected the Chairman of the meeting shall cause a ballot to be taken of those present at the meeting and who are entitled to vote. 9.3 The Chairman is not permitted a deliberative vote but shall be empowered to give a casting vote in the event of a tied ballot. 9.4 The Association shall seek nominations for the positions as required for the Executive Committee and sub-committees that require re-elections by the rules of this Constitution. 9.5 The Council may accept nominations in oral form from those present at the Annual General Meeting for any position for which written nominations were not received. 9.6 The President shall: Preside over all meetings of the Association, other than sub committees; and Shall ensure that the Association shall perform in accordance with the powers of the Constitution. 9.7 The Vice President shall: Assume the duties of the President in his absence or at his discretion. 9.8 The Secretary shall: Keep and maintain a true and accurate record of attendance and record minutes of all meetings of Council, Executive and other Committees of the Association; Attend to and preserve all correspondence in an organised system; Issue notices for meetings; Maintain an up to date list of Members, Rules, Office bearers, Trustees and those authorised to use the Common Seal, making it available for any member who requests access; in accordance with the Associations Incorporations Act; Hold the Common Seal; Carry out such duties as the Council or Executive Committee direct; Constitution of the Western Australian Shooting Association (Inc) Page 7

8 Constitution of the Western Australian Shooting Association (Inc) Page Have no voting rights at any meeting of the Association, Complex Management Committee or Sub-committee unless the Secretary is a delegate of their Ordinary Member. 9.9 The Secretary may receive reimbursement of expenses and such payment shall be at the discretion of the Executive Committee The Treasurer shall perform all duties as described in Clause 6 of this Constitution The Council Delegate members, Complex Management Committee members and any other person seconded to assist with projects or give guidance at the associated meetings, shall abide by any mandatory Government Acts and Regulations and Policies, Procedures and By-laws which the Association adopts as an integral means to its operation Disqualification of an Executive Committee Person Any member of the Committee who shall: a) cease to be a member of their member Association, or b) be suspended from membership, or c) be absent without leave of the Committee from three (3) consecutive meetings of the Committee; shall vacate their office by resolution of the Committee The Annual General Meeting of Council shall be held within 60 days of the end of the financial year of the Association TRUSTEES The Council may at its Annual General Meeting appoint two trustees. In the event of no trustees being appointed at the Annual General Meeting, the Executive Committee shall be deemed as the Trustees of the Association. See Rule AUDITORS 11.1 An audit of the Association s financial transactions by a Certified Chartered or a Public Accountant shall be conducted annually of the Association s financial transactions for submission to the A.G.M or more often as deemed necessary by the Council The Council shall each year at the Annual General Meeting appoint a suitable auditor, who is qualified as per MEETINGS 12.1 The Council Meetings The Council shall meet at least four times per year. The meeting dates shall be set by the Executive Committee Seven (7) days written notice of the meetings shall be given to the Members and their delegates The non receipt of a meeting notice by any Member shall not invalidate the proceedings at that meeting The quorum at Annual General Meetings, Special General Meetings and Council meetings shall be at least fifty per centum (50%) of the eligible delegates. If within fifteen minutes after the time appointed for the commencement of the meeting a quorum is not present, the meeting may be adjourned to the same day of the week, time and place in the following week. If at the meeting a quorum is not present within fifteen minutes from the appointed time for the commencement of the meeting, the members present shall be deemed a quorum The Agenda for the Annual General Meeting shall be: i. Opening of meeting ii. Apologies iii. Confirmation of Minutes from the previous Annual General Meeting iv. Presidents report v. Financial report vi. Motions on Notice vii. Determination of Fees viii. Delegate Reports Constitution of the Western Australian Shooting Association (Inc) Page 8

9 Constitution of the Western Australian Shooting Association (Inc) Page 9 ix. Declaration of all offices being vacant x. Election of office bearers xi. General Business xii. Close of meeting 12.3 The Executive and Sub-Committee Meetings The Secretary on the requisition of a Sub-committee Chairman shall at any time, summon a meeting of the committee The Executive Committee may second to any of their meetings in an ex-officio capacity any chairman of any sub-committee to provide a report The quorum of all Executive Committee meetings shall be three members and for all sub-committees shall be fifty per cent (50%) of all Committee members The Chairman of any committee meeting shall ensure that a true and accurate record of attendances and business transacted at such meeting is kept Special General Meeting A Special Meeting of the Council shall be called at the request of the President or at any written request signed by four (4) members of the Council Such meeting shall be held within thirty-five (35) days of such request. All Delegates to the Council shall be given notice as required for any ordinary meeting of Council, except that the notice will specify the only business to be decided at the meeting AMENDMENTS TO CONSTITUTION, BY-LAWS AND REGULATIONS 13.1 Amendments to Constitution Amendments to this constitution shall be made with due notice of such proposed amendment which shall be given to the Council and be submitted to a vote of the members of the Council at an Annual General Meeting or Special General Meeting called for that purpose (such meeting being held not earlier than thirty (30) days and not later than sixty (60) days after the date of such notice). Amendments shall be made by Special Resolution and passed by seventy-five per cent (75%) of the members present and eligible to vote The notice calling such General or Special General Meeting shall set out the nature of the amendment as proposed Amendments to By-Laws The Council shall have the power to make, alter and rescind any By-Laws that it considers necessary for the effective administration of the Association, provided that no By-Law is inconsistent with the Rules of the Association Amendments to By-laws may be made at a Council Meeting, Annual General Meeting or a Special General Meeting of the Council called for that purpose. Notice of such proposed amendment will be given on the agenda for the meeting and will be available at least fourteen (14) days prior to the meeting Amendments to By-Laws when approved, shall indicate the date from which the amendment shall take effect DISSOLUTION OF ASSOCIATION 14.1 If at an Annual General Meeting or at a Special General Meeting called for that purpose, a Special Resolution shall be passed by a seventy-five per cent (75%) majority of the Members present and eligible to vote, to dissolve the Association, then the Executive Committee shall, within thirty days of the date of such meeting, forward by mail to each financial Member, a copy of the Special Resolution together with a ballot paper, and each Member shall be entitled to vote on the resolution. Thirty days shall be the time fixed for the return of the ballot papers to the office of the Association. In the event of such resolution being confirmed by a seventy-five per cent (75%) majority, the Association shall be dissolved Upon dissolution, the affairs of the Association shall be wound up in such a manner as the Executive Committee shall determine. The funds obtained from realisation of the assets of the Association, shall in the first instance be applied to discharge the expenses of the realisation and secondly in payment and discharge of all debts and liabilities of the Association. Constitution of the Western Australian Shooting Association (Inc) Page 9

10 Constitution of the Western Australian Shooting Association (Inc) Page The surplus monies (if any) following dissolution of the Association shall be given or transferred to: Some other association Incorporated under the Act and having objects similar to the objects of the Association; For charitable purpose. Which incorporated association or purposes shall be determined by resolution of Members COMMON SEAL 15.1 The Association shall have a Common Seal which shall be in the custody of the Secretary of the Association The Common Seal shall be affixed to any deed, instrument or document by the President, Vice-President or other such authorised persons only on the direction of the Council The President or a person authorised by the Council shall countersign all documents to which the Common Seal has been affixed and the Secretary shall keep a record of all such transactions NOTICES Any notice given under this Constitution may be given in writing by sending same through the post by regular and registered post, facsimile or other electronic means addressed to the person as shown in the register of Members and Delegates. The notices shall be deemed to have been served seven days following the day of posting CONFLICTS In the event of any conflict between any provision of this Constitution and any of the provisions of the Act, the Act shall prevail to the extent of any such inconsistency. END OF DOCUMENT Constitution of the Western Australian Shooting Association (Inc) Page 10