The Living Boat Trust Inc.
CONSTITUTION
As amended 30th July 2011
1. Name of Association
The name of the Association shall be: “The Living Boat Trust Inc.” (In these rules called the “Association”)
2. Interpretation
2.1 In these rules, unless the contrary intention appears –
2.1.1. “committee” means the committee of management of the Association;
2.1.2.“general meeting” means a general meeting of members convened in accordance
with rule 13;
2.1.3.“ordinary committeeman” means a member of the committee who is not an office
bearer.
2.2.In these rules, expressions referring to writing shall, unless the contrary intention appears,
be construed as including references to printing, lithography, photography and other modes
of representing or reproducing works in a visible form.
2.3Words or expressions contained in these rules shall be interpreted in accordance with
the provisions of the Acts Interpretation Act 1931 and the Act as in force on the date
on which these rules were adopted by the Association.
3.ASSOCIATION OFFICE
The office of the Association shall be at Main Road, Franklin, Tasmania, or such other place as the committee may from time to time determine.
4.OBJECTS AND PURPOSES OF THE ASSOCIATION:
4.1The basic Objects of the Association are:
4.1.1To preserve Tasmania’s maritime heritage through the documentation,
interpretation and restoration of historic vessels, the building of replica and
and reproduction vessels and the functional use of historic craft.
4.1.2.To promote Tasmania’s maritime heritage by the provision of related educational
and recreational opportunities to people of all ages, interests and abilities, and by the
dissemination of information about the Association’s activities.
4.1.3. To encourage and facilitate the acquisition of leadership skills, and traditional seamanship and boatbuilding
skills in young people.
4.1.4.To encourage, develop and utilise traditional maritime skills in the local community.
4.1.5.To encourage volunteer involvement in the Association’s activities.
4.1.6.To encourage community development and co-operation with other organisations
similar aims.
4.2. In addition to the basic objects of the Association, the objects and purposes of the Association shall be deemed to include:
4.2.1.the purchasing, taking on lease or in exchange and the hiring or otherwise
acquiring of any real or personal property that may be deemed necessary or convenient for any of the objects or purposes of the Association;
4.2.2. the buying, selling and supplying of, and dealing in, goods of all kinds;
4.2.3.the construction, maintenance and alteration of buildings, vessels or works necessary or convenient for any of the objects or purposes of the Association;
4.2.4.the accepting of any gift, whether subject to a special trust or not, for any one or more of the objects or purposes of the Association;
4.2.5.the taking of such steps from time to time as the committee or the members in general meeting may deem expedient for the purpose of procuring contributions to the funds of the Association, whether by way of donations, subscriptions or otherwise;
4.2.6.the printing and publishing of any newspapers, periodicals, books, leaflets or other documents the committee or the members in general meeting may think desirable for the promotion of the objects and purposes of the Association;
4.2.7.the borrowing and raising of money in such a manner and on such terms as the committee may think fit or as may be approved or directed by resolution passed at a general meeting;
4.2.8.subject to the provisions of the Trustee Act 1898, the investment of any moneys of the Association not immediately required for any of its objects or purposes in such manner the committee may from time to time determine;
4.2.9.the making of gifts, subscriptions or donations to any of the funds, authorities or institutions to which section 78(1)(a) of the Income Tax Assessment Act 1936 of the Commonwealth relates;
4.2.10. the establishment and support, or aiding in the establishment and support, of associations, institutions,
funds, trusts, schemes and conveniences calculated to benefit servants or past servants of the
Association and their dependants, and the granting of pensions, allowances or other benefits to servants
or past servants of the Association and their dependants, and the making of payments towards
insurance in relation to any of those purposes;
4.2.11.the establishment and support, or aiding in the establishment or support, of any other association formed for any of the basic objects of the Association;
4.2.12.the purchase or acquisition, and undertaking, of all or any part of the property, assets, liabilities and engagements of any association with which the Association is amalgamated in accordance with the provisions of the Act and the rules of the Association;
4.2.13.the doing of all such other lawful things as are incidental or conducive to the attainment of the basic objects of the Association or of any of the objects and purposes specified in the foregoing provisions of the sub-rule.
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1.MEMBERSHIP OF THE ASSOCIATION:
5.1Persons or groups nominated and approved for membership as provided in these rules are eligible to be members of the Association under one of the categories of membership listed in sub-rule 5.1.1. on payment of the annual subscription prescribed in, or fixed under, these rules.
5.1.1.The categories of membership shall be:
a) Life Membership – an individual nominated by the committee and elected to Life Membership by a majority of not less than two thirds of those present and eligible to vote at an Annual General Meeting.
b) Ordinary Membership – an individual who has paid an annual subscription.
c) Family Membership – persons, partners and any children less than 18 years of age at the commencement of the current membership year who constitute a family group and have paid an annual subscription.
d) Group Membership – any institution, organisation, club or group which agrees that its members shall be bound by the rules of the Association and which has paid an annual subscription.
5.2.Persons, families or groups who are not members of the Association at the time of the incorporation of the Association shall not to be admitted to membership –
5.2.1.unless nominated as provided in sub-rule 3 of this rule, and
5.2.2. admission as a member is approved by the committee.
5.3. A nomination for membership of the Association:
5.3.1.shall be made in writing and signed by 2 members of the Association,
5.3.2.shall be accompanied by the written consent of nominee (which may be endorsed on the form of nominations; and
5.3.3.shall be lodged with the public officer of the Association.
5.4.As soon as practicable after the receipt of a nomination, the public officer shall refer the nomination to the committee.
5.5.Upon a nomination being approved by the committee, the public officer shall with as little delay as possible, notify the nominee, in writing, that he or she has been approved for membership of the Association and, upon receipt of the sum payable by or on behalf of the nominee, the nominee’s name shall be entered name in a register of members to be kept by the public officer, whereupon the nominee becomes a member of the Association.
5.6.A member of the Association may, at any time, resign from the Association by delivering or sending by post to the public officer a written notice of resignation.
5.7.Upon receipt of a notice under sub rule 6 of this rule, the public officer shall remove the name of the member by whom the notice was given from the register of members, whereupon that member ceases to be a member of the Association.
5.8.A right, privilege or obligation of a person, family or group by virtue of membership of the Association–
5.8.1is not capable of being transferred or transmitted to another person, family or group; and
5.8.2terminates on the cessation of the membership, whether by death, resignation or otherwise.
5.9.In the event of the Association being wound up –
5.9.1every member of the Association; and
5.9.2every person who, within the period of 12 months immediately preceding the commencement of the winding up, was a member of the Association, is liable to contribute to the assets of the Association for payment of the debts and liabilities of the Association and for the costs, charges and expenses of the winding up and for the adjustments of the rights of the contributories among themselves such sum not exceeding ten dollars ($10) as may be required, but a former member is not liable so to contribute in respect of any debt or liability of the Association contracted after he or she ceased to be a member.
6. INCOME AND PROPERTY OF THE ASSOCIATION:
6.1The income and property of the Association, however derived shall be applied solely towards the promotion of the objects and purposes of the Association and no portion thereof shall be paid or transferred, directly or indirectly, by dividend, bonus, or otherwise, to any member of the Association.
6.2.The Association shall not –
6.2.1appoint a person who is a member of the committee to any office in the gift of the Association to the holder of which there is payable any remuneration by way of salary, fees or allowances; or
6.2.2pay to any such person any remuneration or other benefit in money or money's worth, (other than the repayment of out-of-pocket expenses).
6.3.Nothing in the foregoing provisions of this rule prevents the payment in good faith to a servant or members of the Association of -
6.3.1remuneration in return for services rendered to the Association by the servant or members or for goods supplied to the Association in the ordinary course of business;
6.3.2interest at a rate not exceeding seven and one quarter per cent (7¼%) on money lent to the Association by the servant or member; or
6.3.3.a reasonable and proper sum by way of rent for premises let to the Association by a servant or member.
7. ACCOUNTS OR RECEIPTS AND EXPENDITURE:
7.1 True accounts shall be kept –
7.1.1.of all sums of money received and expended by the Association and the matter in respect of which the receipt or expenditure takes place; and
7.1.2of the property, credits and liabilities of the Association and, subject to any reasonable restrictions as to times and manner of inspecting them that may be imposed by the Association for the time being, those accounts shall be open to the inspection of the members of the Association.
7.2The Treasurer of the Association shall faithfully keep all general records, accounting books and records of receipts and expenditure connected with the operations and business of the Association in such form and manner the committee may direct.
7.3The accounts, books and records referred to in sub rules 1 and 2 of this rule shall be kept at the Association's office or at such other place as the committee decides.
8. BANKING AND FINANCE:
8.1The Treasurer of the Association shall, on behalf of the Association, receive all moneys paid to the Association and forthwith after the receipt thereof, issue official receipts.
8.2The committee shall cause to be opened with any bank as the committee selects, a banking account in the name of the Association into which all moneys received shall be paid by the Treasurer as soon as possible after receipt thereof.
8.3The committee may receive from the Association's bank or bankers for the time being, the cheques drawn by the Association on any of its accounts with the bank or bankers and may release and indemnify the bank or bankers from and against all claims, actions, suits or demands that may be brought against the bank or bankers arising directly or indirectly out of those cheques or the surrender thereof to the Association
8.4Except with the authority of the committee, no payments of a sum exceeding one hundred dollars ($100) shall be made from the funds of the Association otherwise than by cheque drawn on the Association's bank account, but the committee may provide the Treasurer with a sum to meet urgent expenditure, subject to the observance of such conditions in relation to the use and expenditure thereof as the committee may impose.
8.5No cheque shall be drawn on the Association's bank account except for the payment of expenditure that has been authorised by the committee.
8.6All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by the Treasurer or, in his or her absence, by such other member or members of the committee as the committee may nominate for that purpose, and shall be countersigned by the public officer.
9. AUDITOR:
9.1At each annual general meeting of the Association, the members present are to appoint a person as the auditor of the Association.
9.2A person so appointed shall hold office until the annual general meeting next after that at which he or she is appointed, and is eligible for re-appointment.
9.3The first auditor of the Association may be appointed by the committee before the first annual general meeting, and, if so appointed, shall hold office until the first annual general meeting, unless previously removed by a resolution of the members at a general meeting, in which case, the members at that meeting may appoint an auditor to act until the first annual general meeting.
9.4If an appointment is not made at an annual general meeting, the committee shall appoint an auditor of the Association for the then current financial year of the Association.
9.5 Except as provided in sub rule 3 of this rule, the auditor may only be removed from office by special resolution.
9.6 If a casual vacancy occurs in the office of auditor during the course of a financial year of the Association, the committee may appoint a person as the auditor and the person so appointed shall hold office until the next succeeding annual general meeting.
10. AUDIT OF ACCOUNTS:
10. 1 Once at least in each financial year of the Association the accounts of the Association shall be collated in a manner that they may be easily audited.
10.2The auditor shall certify as to the correctness of the accounts of the Association and report thereon to the members present at the annual general meeting.
10.3In his or her report, and in certifying to the accounts, the auditor is to state –
10.3.1 whether he or she has obtained the information required by him or her;
10.3.2whether in his or her opinion, the accounts are properly drawn up so as to exhibit a true and correct view of the financial position of the Association according to the information at his or her disposal and the explanations given to him or her and as shown by the books of the Association; and
10.3.3whether the rules relating to the administration of the funds of the Association have been observed.
10.4 The public officer of the Association shall cause to be delivered to the auditor a list of all the accounts, books and records of the Association.
10.5 The auditor
10.5.1 has a right of access to the accounts, books, records, vouchers and documents of the Association;
10.5.2may require from the servants of the Association such information and explanations as may be necessary for the performance of the duties as auditor; and
10.5.3may employ persons to assist in investigating the accounts of the Association; and
10.5.4may, in relation to the accounts of the Association, examine any member of the committee or any servant of the Association.
11. ANNUAL GENERAL MEETING:
11.1The Association shall, in each year, hold an annual general meeting.
11.2The annual general meeting shall be held on such a day (being not later than three (3) months after the close of the financial year of the Association) as the committee may determine.
11.3The annual general meeting shall be in addition to any other general meetings that may be held in the same year.
11.4 The annual general meeting shall be specified as such in the notice convening it.
11.5 The ordinary business of the annual general meeting shall be:
11.5.1 to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
11.5.2 to receive from the committee, auditor and servants of the Association reports upon the transactions of the Association during the last preceding financial year;
11.5.3 to elect the officers of the Association and the ordinary committeemen;
11.5.4 to appoint the auditor and determine his or her remuneration;
11.5.5 to determine the remuneration of servants of the Association.
11.6 The annual general meeting may transact special business of which notice is given in accordance with these rules.
11.7All general meetings other than the annual general meeting shall be called special general meetings.
12. SPECIAL GENERAL MEETINGS:
12.1 The committee may, whenever it thinks fit, convene a special general meeting of the Association.
12.2 The committee shall, on the requisition in writing of not less than three (3) members, convene a special general meeting of the Association.
12.3 A requisition for a special general meeting shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the office of the Association and may consist of several documents in the like form, each signed by one or more of the requisitionists.
12.4 If the committee does not cause a special general meeting to be held within twenty-one (21) days from the date on which a requisition is deposited at the office of the Association, the requisitionists, or any of them, may convene the meeting within three (3) months from the date of the deposit of the requisition.
12.5 A special general meeting convened by requisitionists in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the committee, and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring them.
13. NOTICES OF GENERAL MEETINGS:
13.1 The public officer of the Association shall, at least fourteen (14) days before the date fixed for holding a general meeting of the Association, cause to be inserted in at least one newspaper published in this State an advertisement specifying the place, day and time for the holding of the meeting, and the nature of the business to be transacted thereat.
14. BUSINESS AND QUORUM AT GENERAL MEETINGS:
14.1 All business that is transacted at special general meetings and all business that is transacted at the annual general meeting, with the exception of that specially referred to in these rules as being ordinary business of the annual general meeting, shall be deemed to be special business.
14.2No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.
14.3Three (3) members personally present (being members entitled under these rules to vote thereat) constitute a quorum for the transaction of the business of a general meeting.
14.4 If within one (1) hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; and in any other case, it shall stand adjourned to the same day in the next week, at the same time and (unless another place is specified by the chairman at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place, and if at the adjourned meeting a quorum is not present within one (1) hour after the time appointed for the commencement of the meeting, the meeting shall be dissolved.
15. PRESIDENT TO PRESIDE AT GENERAL MEETINGS :
15.1 The President, or in his or her absence, the Treasurer, or in the absence of both the President and the Treasurer, the Secretary, or such person as the President nominates in his absence, shall preside as chairperson at every general meeting of the Association.
15.2 If the President and both the Treasurer and the Secretary are absent from a general meeting, the members present shall elect one of their number to preside as chairperson.
16. ADJOURNMENT OF GENERAL MEETINGS:
16.1The chairperson of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
16.2Where a meeting is adjourned for fourteen (14) days or more, the like notice of the adjourned meeting shall be given in the case of the original meeting.
16.3Except as provided in the foregoing provisions of this rule, it is not necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.
17. DETERMINATION OF QUESTIONS ARISING AT GENERAL MEETINGS:
17.1 A question arising at a general meeting of the Association shall be determined on a show of hands unless before or on the declaration of the result 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, and 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.
18. VOTES:
18.1Upon any question arising at a general meeting of the Association, a member has one (1) vote only.
18.1.1A Family membership has no more than two (2) votes.
18.1.2A Group membership is entitled to one (1) vote and shall annually notify the Secretary of the Association in writing of its nominee entitled to exercise that vote.
18.2All votes shall be given personally.
18.3In the case of an equality of voting on a question, the chairperson of the meeting is entitled to exercise a second or casting vote.
19. TAKING OF POLL:
19.1 If at a meeting a poll on any question is demanded it shall be taken at that meeting in such a
manner as the chairperson may direct and the result of the poll shall be deemed to be the resolution of the meeting on that question.
20. WHEN POLL TO BE TAKEN:
20.1 A poll that is demanded on the election of a chairperson, or on a question of adjournment, shall be taken forthwith, and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the chairperson may direct.
21. AFFAIRS OF ASSOCIATION TO BE MANAGED BY A COMMITTEE:
21.1The affairs of the Association are to be managed by a committee of management constituted as provided in rule 23.
21.2 The committee
21.2.1shall control and manage the business and affairs of the Association
21.2.2 may, subject to these rules, exercise all such powers and functions as may be exercised by the Association, other than those powers and functions that are required by these rules to be exercised by general meetings of members of the Association; and
21.2.3subject to the Act and these rules, has powers to perform all such acts and things as appear to the committee to be essential for the proper management of the business and affairs of the Association.
22. OFFICERS OF THE ASSOCIATION:
22.1 The officers of the Association shall be:
22.1.1 a President;
22.1.2a Treasurer;
22.1.3a Secretary.
22.2The provisions of sub-rules 2, 3 and 4 of Rule 24, so far as they are applicable and with the necessary modifications, apply in relation to the election of persons to any of the offices referred to in sub rule 1 of this Rule.
22.3 Each officer of the Association shall hold office until the annual general meeting next after the date of election, but is eligible for re-election.
22.4In the event of a casual vacancy occurring in any office mentioned in sub rule 1 of this rule, the committee may appoint one of its members to the vacant office, and the member appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.
22.5It is possible for one committee member to hold one or more of the offices of the Association.
23. CONSTITUTION OF THE COMMITTEE:
23.1 The committee shall consist of –
23.1.1. the officers of the Association;
23.1.2 other members,
23.1.3all of whom shall be elected at the annual general meeting of the Association in each year.
23.2In the event of a casual vacancy occurring in the offices of ordinary committeemen, the committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.
24. ELECTION OF NUMBERS OF COMMITTEE:
24.1 Nominations of candidates for election as officers of the Association or as ordinary committeemen–
24.1.1shall be made in writing signed by two (2) members of the Association and accompanied by the written consent of the candidates (which may be endorsed on the form of nomination); and
24.1.2shall be delivered to the public officer of the Association at least 10 days before the date fixed for the holding of the annual general meeting.
24.2 If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.
24.3 If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
24.4 If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
24.5 The ballot for the election of officers and ordinary committeemen shall be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
25. VACATION OF OFFICE:
25.1 For the purpose of these rules, the office of an officer of the Association or of an ordinary committeeman becomes vacant if the officer or committeeman –
25.1.1 dies;
25.1.2. becomes bankrupt or applies to take or takes advantage of any law relating to
bankrupt or insolvent debtors or compounds with his or her creditors, or makes any assignment of his or her estate for their benefit;
25.1.3 becomes of unsound mind;
25.1.4resigns office in writing addressed to the committee;
25.1.5 ceases to be resident in the State;
25.1.6 fails, without leave granted by the committee, to attend three (3) consecutive meetings of the committee;
25.1.7 ceases to be a member of the Association; or
25.1.8fails to pay all arrears of subscription due, within fourteen (14) days after receiving a notice in writing signed by the public officer stating that he or she has ceased to be a financial member of the Association.
26. MEETINGS OF THE COMMITTEE AND OF SUB-COMMITTEES:
26.1 The committee shall meet at least once in each six (6) months at such place and at such times as the committee may determine.
26.2 Special meetings of the committee may be convened by the President or any two (2) of its members.
26.3 Notice shall be given to members of the committee of any special meeting, specifying the general nature of the business to be transacted, and no other business shall be transacted at such a meeting.
26.4 Any three (3)members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.
26.5No business shall be transacted 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 shall stand adjourned to the same place and at the same hour of the same day in the following week unless the meeting was a special meeting, in which case it lapses.
26.6 At meetings of the committee-
26.1.1If the President and the Treasurer and the Secretary are absent, such one of the remaining members of the committee as may be chosen by the members present
26.1.2shall preside.
26.7Questions arising at meetings of the committee or of any subcommittee appointed by the committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such a manner as the person presiding at the meeting may determine.
26.8 Each member present at a meeting of the committee or of a subcommittee appointed by the committee (including the person presiding at the meeting) is entitled to one (1) vote and in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
26.9Oral notice of each committee meeting shall be given to each member of the committee by telephoning the member at a reasonable time before the meeting or by communicating by post in a prepaid letter addressed to the member at his or her usual or last known place of abode, in time to reach the member in due course of post before the date of the meeting.
27. DISCLOSURE OF INTEREST IN CONTRACTS:
27.1 A member of the committee who is interested in any contract or arrangement made or proposed to be made with the Association shall disclose that interest to the committee at the first meeting of the committee at which the contract or arrangement is first taken into consideration, if the interest then exists, or, in any other case, at the first meeting of the committee after the acquisition of the interest.
27.2 If a member of the committee becomes interested in a contract or arrangement after it is made or entered into, he or she shall disclose that interest at the first meeting of the committee after he or she becomes so interested.
27.3 No member of the committee shall vote as a member of the committee in respect of any contract or arrangement in which he or she is interested and if he or she does so vote any such vote is not to be counted.
28. SUBCOMMITTEES AND EXECUTIVE COMMITTEE:
28.1The committee may, at any time, appoint a subcommittee from the committee as it may think fit and shall prescribe the powers and functions thereof.
28.2The committee may co-opt as members of a subcommittee such persons as it thinks fit, whether or not those persons are members of the Association, but a person so co-opted is not entitled to vote.
28.3Three (3) appointed members of a sub-committee constitute a quorum at a meeting of the sub-committee.
28.4 The public officer of the Association is responsible for calling meetings of the subcommittee.
28.5Written notice of each subcommittee meeting shall be served on each member of the subcommittee by delivering it to him or her at a reasonable time before the meeting, or by sending it by post in a prepaid letter addressed to the member at his or her usual or last known place of abode in time to reach the member in due course of post before the day of the meeting.
28.6The President, the Treasurer and the Secretary constitute an executive committee which may issue instructions to the public officer and the servants of the Association in matters of urgency connected with the affairs of the Association during the intervals between meetings of the committee, and where such instructions are issued, shall report thereon to the next meeting of the committee.
29. ANNUAL SUBSCRIPTION:
29.1Until otherwise fixed pursuant to sub-rule 2 of this rule, the annual subscription payable for ordinary members shall be the sum of thirty seven dollars fifty cents ($37.50).
29.1.1The annual subscription payable for family membership shall be sixty two dollars fifty cents ($62.50).
29.1.2The annual subscription payable for group membership shall be one hundred and twenty five dollars ($125).
29.2 The amount of the annual subscription may be altered from time to time by the members by special resolution.
29.3 The annual subscription of an ordinary, family or group membership is due and payable on or before the first day of the financial year of the Association.
30. FINANCIAL YEAR:
30.1 The financial year of the Association is the period beginning on the 1st July in each year and ending on the 30th June next following.
31. NOTICES:
31.1A notice may be served by or on behalf of the Association upon any member either personally or by sending it through the post in a pre paid letter addressed to the member at his or her usual or last known place of abode.
32. EXPULSION OF MEMBERS:
32.1Subject to this rule, the committee may expel a member from the Association if, in the opinion of the committee, the member is guilty of conduct detrimental to the interests of the Association.
32.2 The expulsion of a member under sub rule 1 of this rule does not take effect-
32.2.1 until the expiration of fourteen (14) days after the service on the member of a notice under sub rule 3 of this rule; or
32.2.2if the member exercises his or her right of appeal under this rule, until the conclusion of the special general meeting convened to hear the appeal,
32.2.3whichever is the later date.
32.3 Where the committee expels a member from the Association, the public officer of the Association shall, without undue delay, cause to be served on the member a notice in writing –
32.3.1 stating that the committee has expelled the member;
32.3.2 specifying the grounds for the expulsion; and
32.3.3 informing the member that if he or she so desires, he or she may, within fourteen (14) days after the service of that notice, appeal against the expulsion as provided in this rule.
32.3.4A member on whom a notice under sub rule 3 of this rule is served may appeal against the expulsion to a special general meeting by delivering or sending by post to the public officer of the Association, within fourteen (14) days after the service of that notice, a requisition in writing demanding the convening of such a meeting for the purpose of hearing his appeal.
32.3.5Upon receipt of a requisition under sub rule 4 of this rule, the public officer shall forthwith notify the committee of its receipt and the committee shall thereupon cause a special general meeting of members to be held within twenty-one (21) days after the date on which the requisition is received by the public officer.
32.4 At a special general meeting convened for the purpose of this rule –
32.4.1no business other than the question of the expulsion is to be transacted;
32.4.2the committee may place before the meeting details of the grounds of the expulsion and the committee's reasons for the expulsion;
32.4.3the expelled member shall be given an opportunity to be heard; and
32.4.4the members present shall vote by secret ballot on the question whether the expulsion should be lifted or confirmed.
32.4.5If at the special general meeting a majority of the members present vote in favour of the lifting of the expulsion, the expulsion shall be deemed to have been lifted and the expelled member is entitled to continue as a member of the Association.
32.4.6If at the special general meeting a majority of the members present vote in favour of the confirmation of the expulsion, the expulsion takes effect and the expelled member ceases to be a member of the Association.
33. DISPUTES:
33.1Subject to this rule, a dispute between a member of the Association in the capacity as a member, and the Association shall be determined by arbitration in accordance with the provisions of the Commercial Arbitration Act 1986
33.2Nothing in this rule affects the operation or effect of rule 32.
34. SEAL OF THE ASSOCIATION:
34.1 The seal of the Association shall be in the form of a rubber stamp, inscribed with the name of the Association encircling the word “SEAL”.
34.2The seal of the Association shall not be affixed to any instrument except by the authority of the committee, and the affixing thereof shall be attested by the signatures either of two (2) members of the committee, or one member of the committee and the public officer of the Association, or such other persons the committee may appoint for that purpose and that attestation is sufficient for all purposes that the seal was affixed by the authority of the committee.
34.3The seal shall remain in the custody of the public officer.
35. ALTERATION OF THE RULES:
35.1These rules may not be altered unless at a general meeting, when notice of the proposed alteration is included in the notice of the meeting given to members, such notice to be given at least one (1) calendar month prior to the meeting.
35.2No motion for alteration shall be deemed to be carried unless supported by two thirds (2/3) of the votes cast on such a motion. If the Chairperson of the meeting shall in his or her absolute discretion so determine, voting in respect of any alteration to the constitution shall be by secret ballot.
36.WINDING UP OR DISSOLUTION OF THE ASSOCIATION:
If, upon winding up or dissolution of the Association, there remains, after the satisfaction of all its debts and liabilities, any property whatever, it shall not be paid to or distributed among the members of the Association, but shall be given or transferred to some other association, company, institution or body having objects similar to the objects of the Association and which shall prohibit the distribution of its income and property among its members to an extent at least as great as is imposed by the constitution of this Association. Such other body shall be determined by the members of this Association at or before the time of dissolution and, in default of such determination, by the Supreme Court of the State of Tasmania, or a judge of that Court and, if and in so far as effect cannot be given, to be determined by the members. The provisions of this clause are subject to Section 33 of the Association Incorporation Act 1964.