Dardanup Equestrian Centre (Inc.) CONSTITUTION (as adopted 2010)
- Objects and Purposes
- Powers of the Association
- Termination of Membership
- Affiliated Clubs
- Management Committee
- Powers of the Management Committee
- New Clubs
- Voting at Annual General Meetings and Management Committee Meetings
- Proxy for Management Committee
- The Common Seal
- Alterations to the Constitution and By-Laws
- Winding Up
THIS CONSITITUTION of THE DARDANUP EQUESTRIAN CENTRE (INC.) is made on the 6th day of January, 2010
The name of the incorporated association is THE DARDANUP EQUESTRIAN CENTRE (INC) (“the association”).
ASSOCIATION Means the Dardanup Equestrian Centre Inc.
CLUB Means any Club involved in equestrian activity which is part of the Dardanup Equestrian Centre Inc.
COMMITTEE Means the Management Committee of the Association.
MEETING Means a general meeting of members of the Association convened in accordance with the constitution.
MEMBER Means a financial member of any of the affiliated clubs of the Association.
SUB COMMITTEE Means any other committee deemed necessary by the Management Committee
DELEGATE Means a representative from an affiliated club of the Association
OBJECTS AND PURPOSES
The objects and purposes of the Association are:
3 1 To lease and manage the grounds effectively, co-ordinate the use and development of the facilities and to promote the Association.
3.2 The promotion and advancement of horsemanship and the promotion of good fellowship amongst its members, and to foster competitions within the district.
3.3 To safeguard the common good of the clubs within the Association.
3.4 To maintain and upgrade the facilities currently used by the Association if necessary.
3.5 At the absolute discretion of the Committee to construct, or alter any building or works.
3.6 To register each club and the members who are registered with each club.
3.7 To hire, purchase, lease, exchange or otherwise acquire any real or personal property and any rights or privileges which the Committee may think necessary or desirable for any of the purposes of the Association; and hiring out of grounds.
3.8 The property and income of the Association shall be applied solely towards the promotion of the objects or purposes of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the Association, except in good faith promotion of those objects or purposes.
4 POWERS OF THE ASSOCIATION
4.1 To acquire, hold, deal with, and dispose of any real or personal property.
4.2 To open and operate bank accounts.
4.3 To invest its money:
(a) in any security in which trust moneys may be invested; or
(b) in any other manner authorised by the rules of the Association.
4.4 To borrow money upon such terms and conditions as the Association thinks fit.
4.5 To give such security for the discharge of liabilities incurred by the Association as the Association thinks fit.
4.6 To appoint agents to transact any business of the Association on its behalf.
4.7 To enter into any other contract the Association considers necessary or desirable.
5.1 Membership shall be any person who is a Financial Member of an Affiliated Club.
5.2 Each person admitted to membership shall be:-
5.2.1 bound by the Constitution and By-laws of the Association;
5.2.2 liable for ground fees and other such fees and subscriptions as may be fixed by the Association;
5.2.3 Entitled to all advantages and privileges of membership.
5.3 The Management Committee shall appoint a member of the Management Committee to maintain an up to date register of members of the Association.
5.4 A member may at any reasonable time inspect the records and documents of the Association.
TERMINATION OF MEMBERSHIP
6.1 Any person’s membership may be terminated by the following events:
6.1.2 false or inaccurate statements made in the members application for membership of the Affiliated Club.
6.1.3 breach of any rule, regulation or By‑law of the Association.
6.1.4 commit any act detrimental to the Association.
6.2 The Management Committee shall have the power to suspend or expel any member of the Association for any of the events in item 6.1 above.
6.3 Any member who is expelled, suspended or has their membership terminated shall have the right to appeal against their suspension or expulsion by presenting their case to a General meeting called for such purpose, and the decision of the General Meeting shall be final.
7.1 Each affiliated club shall appoint or elect three (3) delegates and (1) proxy as their representative to meetings of the Management Committee.
7.2 Must be Incorporated.
7.3 Must have Public Liability Insurance.
7.4 Must have an up to date Register of all current Financial Members to be presented to the Association annually prior to the Annual General Meeting. Updates must also be presented.
7.5 Current Affiliated Clubs:
- Henty Riding Club Inc.
- Dardanup Horse and Pony Club Inc.
- Dardanup Campdraft Association Inc.
- The Australian Stock Horse Society (South West Branch)
- WA Branch Commonwealth Clydesdale Society Inc.
8 MANAGEMENT COMMITTEE
8.1 Management of the Association shall be vested in the Management Committee. The clubs will nominate at their Annual General Meeting a maximum of three (3) financial delegates plus one (1) proxy to the Management Committee.
8.2 Office Bearers: The Management Committee of the Dardanup Equestrian Centre will elect office bearers at the Annual General Meeting. Prior to the Annual General Meeting Nominations for Office Bearers of the Management Committee should be received by the Secretary for the following positions:
8.2.1 Association President
8.2.2 Association Vice-President
8.2.3 Association Secretary
8.2.4 Association Treasurer and
8.2.5 Grounds Booking Officer
8.2.6 Grounds Maintenance Co-ordinator
8.2.7 Remainder – Association Committee Members
8.3 No person shall hold more than one position on the Management Committee at any one time.
8.4 A person shall cease to be a member of the Management Committee at the next Annual General Meeting following his/her election and will be eligible for re-election by the relevant affiliated club.
8.5 A quorum of the Management Committee shall be a half of the Management Committee plus one (9).
8.6 If after a period of half an hour, there is no quorum, then committee members present may conduct urgent business, which shall be ratified at the next meeting at which a quorum is present.
8.7 If the President or Vice President is unable to attend, then a chairperson elected by the meeting shall chair that meeting.
8.8 A member of the Management Committee may lose their seat on the Committee for either of the following:
- Absence from three consecutive meetings without approval of the committee in advance.
- The Committee Member becoming unfinancial.
9 POWERS OF THE MANAGEMENT COMMITTEE
9.1 The Management Committee shall carry out the day to day running of the Association and shall have the power to:
9.1.1 administer the finances, appoint bankers, and direct the opening of bank accounts for specific purposes and to transfer funds from one account to another, and to close any such accounts;.
9.1.2 fix the manner in which such banking accounts shall be operated upon, providing all payments are passed by the Management Committee.
9.1.3 fix ground fees and other such fees and subscriptions payable by the member and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof.
9.1.4 adjudicate on all matters brought before it which in any way affect the Association.
9.1.5 to control/limit the formation of new clubs making application to the Association.
9.1.6 make, amend and rescind rulings and By-laws.
9.1.7 have the power to form and appoint any sub committee/s as required for specific purposes such as fund raising for the association.
9.1.8 may at their discretion employ a person or persons to carry out certain duties required by the Association for salaries or remunerations for such period of time, as may be deemed necessary.
9.1.9 should a vacancy occur on the Management Committee during the season, the relevant Affiliated Clubs Committee shall appoint a successor until the next Annual General Meeting.
9.1.10 should the vacancy referred to in 9.1.9 be an Office Bearer the Management Committee shall appoint a successor to that position until the next Annual General Meeting.
9.1.11 appoint an officer/s or agent of the Management Committee to have custody of the Association’s records, documents and securities.
10 NEW CLUBS
10.1 A new club wishing to join the Association must apply in writing to the Management Committee secretary. The application will be tabled at the next Management Committee general meeting and a reply in writing will be forwarded to the club secretary of the success or not of the application.
10.2 The Management Committee has the power of veto to refuse application of a new club.
10.3 New clubs before being affiliated with the Association are to be incorporated and hold appropriate Public liability insurance.
11.1 The Annual General Meeting shall elect or appoint an Auditor or Auditors at their discretion.
11.2 The Auditor/s shall be a qualified accountant.
11.3 The Auditor/s shall examine and audit all the books and accounts of the Association annually, and have the power to call for all books, papers, accounts, receipts etc of the Association and report thereon to the Annual General Meeting if so required.
12.1 Annual General Meeting
12.1.1 the Annual General Meeting of the Association must be held within the month of January.
12.1.2 the Secretary shall give at least fourteen (14) days notice of the date of the Association Annual General meeting to members.
12.1.3 any person who is a Financial Member of an Affiliated Club may attend the Association Annual General Meeting.
12.1 4 the quorum at the Association Annual General Meeting shall be a minimum of a half plus one of the elected delegates (9 members). If at the end of thirty minutes after the time appointed in the notice for the opening of the Meeting there be no quorum, the meeting shall adjourn for one week. If at such meeting there is no quorum those members present shall be competent to discharge the business of the meeting.
12.1.5 the agenda for an Association Annual General Meeting shall be:
(a) Opening of Meeting
(c) Confirmation of Minutes of previous Annual General Meeting
(d) presentation of Presidents Report
(e) Presentation of Annual Reports of Affiliated Clubs
(F) presentation of Treasurer’s statement
(g) Appointment of Auditor
(h) Vote of Thanks to outgoing Executive
(i) Election of incoming Office Bearers
(j) Notice/s of Motion
(k) Ratify Association Fees
(l) Questions & comments from non-delegate members
12.2 Management Committee Meetings/Special General Meetings
12.2.1 management Committee Meetings will be held monthly as required.
12.2.2 the quorum at the Management Committee Meetings shall be a minimum of a half plus one elected delegates (9 members).
12.2.3 management Committee Meetings or a special General Meeting may be called by the Management Committee at the request of the president and Secretary or on the written request of six (6) members of the Management Committee.
12.2.4 the Secretary shall give at least seven (7) days notice in writing of the date of the Special General Meeting to the members. Notice of Special General Meetings shall set out clearly the business for which the meeting has been called.
Minutes shall be kept at all Management Committee Meetings, Special General Meetings, Annual General Meetings and Sub Committee Meetings.
14 VOTING AT ANNUAL GENERAL MEETINGS AND MANAGEMENT COMMITTEE MEETINGS:
14.1 Voting powers at the Annual General Meetings:
14.1.1 all incoming delegates of affiliated clubs on the Management Committee have the right to vote.
14.1.2 the President shall be entitled to a deliberative vote and in the event of a tied vote; the President shall exercise a casting vote.
14.2 Voting Powers at Management Committee Meetings:
14.2.1 all incoming delegates of affiliated clubs on the Management Committee have the right to vote.
14.2.2 the President shall be entitled to a deliberative vote and in the event of a tied vote; the President shall exercise a casting vote.
15 PROXY FOR MANAGEMENT COMMITTEE
Any person who has the power to vote pursuant to these rules may delegate that person’s voting power to some other representative who is a member of a club provided such written authority is tabled before the meeting commences and is accepted by the person in charge of that meeting.
16.1 All funds of the Association shall be deposited in the Association’s accounts at such bank or recognised financial institution as the Management Committee may determine.
16.2 All accounts due by the Association shall be paid by cheque after having been passed for payment at the Management Committee meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the next Management Committee Meeting.
16.3 The Secretary/Treasurer shall not spend more than a set amount of Petty Cash without the consent of the Management Committee Meeting and shall keep a record of such expenditure in a Petty Cash Book.
16.4 The Treasurer shall table a statement showing the financial position of the Association at each Management Committee Meeting.
16.5 A detailed statement of Income and Expenditure, Assets and Liabilities shall be submitted to the Annual General Meeting. The Auditor’s report shall be attached to such financial report.
16.6 The financial year of the Association shall commence on January 1 each year. The accounts, books and all financial records of the Association shall be audited each year.
16.7 The signatories to the Association’s account/s will be the Treasurer with any one (1) from the following:
(c) Vice President (if Secretary/Treasurer is a combined appointment)
(d) Canteen Manager
16.8 All property and income of the Association will apply solely to the promotion of the objects of the Association and no part of that property or income shall be paid or otherwise distributed, directly or indirectly, to members, except in good faith in the promotion of these objects,
The Association shall keep such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Association.
18 COMMON SEAL
The common seal of the Association shall be kept in the care of the Secretary. The seal shall not be used or affixed to any Deed or other document except pursuant to a resolution of the Management Committee and in the presence of at least the President and two Members of the Committee, all of whom shall subscribe their names as witnesses.
19 ALTERATIONS TO THE CONSTITUTION AND BY-LAWS
19.1 No alteration, repeal or addition shall be made to the Constitution except at the Annual General Meeting, or Special General Meeting called for that purpose and notice of all motions to alter, repeal or add to the Constitution shall be given to members fourteen (14) days prior to the Annual General Meeting, or seven (7) days prior to a Special General Meeting called for such purpose.
19.2 The Secretary shall forward such notices of motion to each Management Committee Member at least fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a Management Committee Meeting.
19.3 Such motions or any part thereof shall have no effect unless passed by a seventy five percent (75% in favour of the Special Resolution) of those present and entitled to vote at the Annual General Meeting, Special General Meeting or Management Committee Meeting as the case may be.
19.4 Within one month of the result of the Special Resolution, the Secretary shall notify the Ministry of Fair Trading of the amendment.
20 WINDING UP
If, on the windup up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expense of that winding up, that property shall be distributed:
(a) To another association incorporated under the Act; and having objects similar, wholly or in part to the objects of the club; or
(b) For charitable purposes.
Which incorporated association or charitable purpose, as the case requires shall be determined by resolution of the Members when authorising and directing the Committee under section 33 (3) of the Act to prepare a distribution plan for the distribution of the surplus property of the Association. If effect cannot be given to such determination, then such payment or distribution shall be determined by a judge of the Supreme Court.