COUNCIL OF MOTOR CLUBS INC
GPO BOX 3954, SYDNEY NSW 2001
The Council of Motor Clubs invites members to make comment on the revised Constitution. Please ensure you comments are lodged, via the “Contact Us” option on this website, by 1st November 2007, to allow their consideration and possible inclusion prior to a vote, hopefully accepting the changes at the AGM to be held on 26th November.
1. Name
The name of the Association shall be “The Council of Motor Clubs Incorporated”.
2. Interpretation
In these rules, except insofar as the context or subject matter otherwise indicates or requires: “Member” means a club or association or other body qualified for membership under these rules. “Secretary” means:
a) the person holding office under these rules as secretary of the association; or
b) where no such person holds that office – the public officer of the association.
“Special general meeting” means a general meeting of the association other than Annual General meeting.
“The Act” means the Associations Incorporation ACT, 1984.
“The Regulation” means the Associations Incorporation Regulation, 1985. “Association” means The Council of Motor Clubs Incorporated.
“Vehicles” means and includes any forms of conveyance whether self-propelled or taken in tow and any forms of conveyance used or capable of being used for the purpose of carriage of persons and goods generally and any forms of mechanical contrivance, equipment, tools or accessories used in connection therewith.
A reference to a function includes a reference to a power, authority and duty; and a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
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 under the Act.
3. Objects
The principal object of the Association is to provide a forum and meeting point for Motor Vehicle Clubs in New South Wales for the dissemination of information to the public and, more particularly, but without limiting the generality of the foregoing:
a) to promote interest in and encourage the hobby and sport of restoration, preservation, display and use of historic vehicles of all ages;
b) to educate the public to a fuller appreciation of and the need for the benefits of suitable exhibition of the VEHICULAR heritage of the State of New South Wales
c) to promote and to conduct investigation and research and the dissemination of advice and information concerning preservation of vehicles and their use and display
d) to encourage Government, its departments and instrumentalities regarding the preservation and display of the vehicles and the acquisition of further vehicles and the provision of suitable museum buildings and facilities
e) to confer and liaise with and arrange for the participation of other organisations and persons with the object of supporting the Historic Vehicle Movement in New South Wales
f) to arrange the preservation of technical publications and material and memorabilia generally in respect of vehicles
g) to engage in activities related generally to the above objects or any of them.
MEMBERSHIP
4. Membership Categories
The association shall maintain the following categories of membership:
a) Incorporated Association or Club
b) Club – unincorporated
c) Corporate, including co-operative societies and limited companies and such other classes of members with such rights as may be determined by the Association from time to time at a special general meeting.
5. Membership Qualifications
A club association or body is qualified to be a member of the Association in the following categories:
a) such incorporated association which is nominated and approved by the Committee and appoints two delegates as its representative from time to time by notice in writing to the Committee, or
b) such unincorporated association or club which is nominated and approved by the Committee and appoints two delegates as its representative from time to time by notice in writing to the Committee.
c) Corporate membership being a Body Corporate which is nominated and approved by the Committee and appoints two delegates as its representative from time to time by notice in writing to the Committee.
6. Application for Membership
a) An application for membership of the Association shall be lodged with the Secretary or Membership Secretary of the Association
b) As soon as practicable after receiving an application for membership, the Membership Secretary shall refer the application to the Committee which shall determine whether to approve or reject the application. This process shall include inspection of the applicant’s constitution, members’ vehicles and discussions with committee members.
c) Where the Committee determines an applicant is acceptable for membership, the Membership Secretary shall, as soon as practicable after the determination, notify the delegates of the member associations, and request the delegates to obtain consent/instructions from their own associations to vote in favour or against the affiliation of the applicant. This vote is to take place at the next available delegates meeting.
d) The Membership Secretary shall, upon a favourable vote for the applicant, advise the applicant of their acceptance, the membership and joining fee to be paid within the period of 28 days, enter the applicant’s name in the register of members and, upon the name being so entered and fees paid, the applicant becomes a member of the Association.
7. Membership Entitlements Not Transferable.
A right, privilege or obligation which an association has by reason of being a member of the association:
a) is not capable of being transferred or transmitted to another body; and
b) terminates upon cessation of the association’s membership.
8. Resignation of Membership
a) A member of the association is not entitled to resign that membership except in accordance with this rule.
b) A member of the Association who has paid all amounts payable by the member to the Association in respect of the member’s membership may resign from the membership of the Association by first giving notice (being not less than 1 month or not less than such other period as the Committee may determine) in writing to the Secretary of the member’s intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.
c) Where a member of the Association ceases to be a member pursuant to clause 7b, and in every other case where a member ceases to hold membership, the Secretary shall make an appropriate entry in the Register of Members recording the date on which the member ceased to be a member.
9. Register of Members
a) The Public Officer of the Association shall establish and maintain a Register of Members of the Association specifying the name and address of each person who is a delegate to the Association together with the date on which the person became a delegate.
b) The Register of Members and delegates shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any member of the Association at any reasonable hour.
10. Fees, Subscriptions, etc.
a) A member of the Association shall, upon admission to membership, pay to the Association a fee of $ 10.00 or, where some other amount is determined by the committee, of that amount.
b) In addition to any amount payable by the member under clause (a), a member of the Association shall pay to the Association an annual membership as designated or, where some other amount is determined by the Committee from time to time, of that other amount: as provided by paragraph (b), before 31st December any calendar year; or where the member becomes a member on or after 31st December in any calendar year upon becoming a member and before 31st December in each succeeding calendar year.
11. Member’s Liabilities
The liability of a member of the Association to contribute towards the payment of debts and liabilities of the Association or the cost, 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 10.
12. Disciplining of Members
a) Where the Committee is of the opinion that a member of the Association:
i. has persistently refused or neglected to comply with a provision or provisions of these
rules; or
ii. has persistently and wilfully acted in a manner prejudicial to the interests of the
Association;the committee may, by resolution
i. expel the member from the Association; or
ii. suspend the member from membership of the Association for a specified period.
b) A resolution of the Committee under clause (a) is of no effect unless the Committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under clause (c), confirms the resolution in accordance with this rule.
c) Where the cCmmittee passes a resolution under clause (a), the Secretary shall, as
soon as practicable, cause a notice in writing to be served on the member:
(i) setting out the resolution of the Committee and the grounds on which it is based;
(ii) stating that the member may address the Committee at a meeting to be held not earlier
than 14 days and not later than 28 days after service of the notice;
(iii) stating the date, place and time of that meeting; and
(iv) informing the member that the member may do either or both of the following:
(a) attend and speak at that meeting;
(b) submit to the Committee at or prior to the date of that meeting written
representations relating to the resolution.
d) At a meeting of the Committee held as referred to in clause c) the Committee shall:
(i) give to the member an opportunity to make oral representations;
(ii) give due consideration to any written representations submitted to the Committee by the member at or prior to the meeting; and
(iii) by resolution determine whether to confirm or to revoke the resolution.
e) Where the Committee confirms a resolution under clause d), the Secretary shall, within 7 days after that confirmation, by notice in writing inform the member of the fact and of the member’s right to appeal under rule 13.
f) A resolution confirmed by the Committee under clause (4) does not take effect:
(i) until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or
(ii) where within that period the member exercises the right of appeal, unless and until the Association confirms the resolution pursuant to rule 13 d).
13. Right of Appeal of Disciplined Members
a) A member may appeal to the association in a General Meeting against a resolution of the Committee which is confirmed under rule 12 b), within 7 days after notice of the resolution is served on the member, by lodging with the Secretary a notice to that effect.
b) Upon receipt of a notice from a member under clause a), the Secretary shall notify the Committee which shall convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
c) At a General Meeting of the Association convened under clause b).
(i) No business other than the question of the appeal shall be transacted;
(ii) The Committee and the member shall be given the opportunity to state their respective cases orally or in writing, or both; and
(iii) The members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
d) If at the General Meeting the Association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.
THE COMMITTEE
14. Powers, etc of Committee
The Committee shall be called the Committee of Management and, subject to the Act, the Regulation and these rules and to any resolution passed by the Association in General Meeting:
a) shall control and manage the affairs of the Association;
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.
15. Constitution & Membership
a) Subject in the case of the first members of the Committee to section 21 of the Act, the Committee shall consist of;
(i) the office-bearers of the association; and
(ii) preferably a minimum of three ordinary members, each of whom shall be elected at the Annual General Meeting of the Association pursuant to rule 16
b) The office-bearers of the association shall be;
(i) the President
(ii) the Vice President
(iii) the Treasurer; and
(iv) the Secretary
(v) the Membership Secretary. Note that one person may hold two of the above positions
should it be necessary.
c) Each member of the committee, subject to these rules, holds office until the conclusion
of the annual general meeting following the date of the member’s election, but is eligible
for re - election.
d) 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 shall hold office, subject to these rules, until the conclusion of the Annual General Meeting next following the date of the appointment.
16. Election of Members
a) Nomination of delegates for election as office-bearers of the association or ordinary members of the Committee:
(i) shall be made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and
(ii) shall be delivered to the Secretary of the association not less than five days before the date fixed for the holding of the Annual General Meeting at which the election is to take place.
b) 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.
c) If insufficient further nominations are received, any vacant positions remaining on the Committee shall be deemed to be casual vacancies.
d) 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.
e) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
f) The ballot for the election of office-bearers and ordinary members of the Committee shall be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.
g) A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for election to another office at the same election.
17. Secretary
a) The Secretary of the association shall, as soon as practicable after being appointed as Secretary, lodge notice with the Association of his or her address.
b) It is the duty of the Secretary to keep minutes of:
(i) all appointments of office-bearers and members of the Committee;
(ii) the names of members of the Committee present at a committee meeting or a General Meeting; and
c) A resolution of the Committee under clause (a) is of no effect unless the Committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under clause (c), confirms the resolution in accordance with this rule.
d) Where the Committee passes a resolution under clause (a), the Secretary shall, as soon as practicable, cause a notice in writing to be served on the member:
(i) setting out the resolution of the Committee and the grounds on which it is based;
(ii) stating that the member may address the Committee at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice;
(iii) stating the date, place and time of that meeting; and
(iv) informing the member that the member may do either or both of the following:
(a) attend and speak at that meeting;
(b) submit to the Committee at or prior to the date of that meeting
representations relating to the resolution.
e) At a meeting of the Committee held as referred to in clause c) the Committee shall:
(i) give to the member an opportunity to make oral representations;
(ii) give due consideration to any written representations submitted to the Committee by the member at or prior to the meeting; and
(iii) by resolution determine whether to confirm or to revoke the resolution.
f) Where the committee confirms a resolution under clause d), the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of the fact and of the member’s right to appeal under rule 13.
g) A resolution confirmed by the Committee under clause (4) does not take effect:
(i) until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or
(ii) where within that period the member exercises the right of appeal, unless and until the Association confirms the resolution pursuant to rule 13 d).
(iii) all proceedings at committee meetings and general meetings.
h) Minutes of proceedings at a meeting shall be signed by the Chairperson of the meeting or by the Chairperson of the next succeeding meeting after they are confirmed as a true and accurate record at the next meeting.
18. Treasurer
It is the duty of the Treasurer of the association to ensure that:
a) all money due to the Association is collected and received and that all payments authorised by the Association are made; and
b) 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.
19. Casual Vacancies
For the purpose of these rules, a casual vacancy in the office of a member of the Committee occurs if the member:
a) dies
b) ceases to be a member of the Association
c) becomes an insolvent under administration within the meaning of the Companies (New South Wales) Code
d) resigns office by notice in writing given to the Secretary
e) is removed from office under rule 20
f) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or
g) is absent without the consent of the Committee from all meetings of the Committee held during a period of six months.
20. Removal of Member
a) The Association in a 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.
b) Where a member of the Committee to whom a proposed resolution referred to in clause a) relates, makes representations in writing to the Cecretary or President (not exceeding a reasonable length) and requires that the representations 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 they 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.
21. Meetings & Quorum
a) The Committee shall meet at least six times in each period of 12 months at such place and time as the Committee may determine.
b) Additional meetings of the Committee may be convened by the President or by any member of the Committee.
c) Oral or written notice of a meeting of the Committee shall be given by the Secretary to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed upon by the members of the Committee) before the time appointed for the holding of the meeting.
d) Notice of a meeting given under clause c) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting.
22. Delegation by Committee to Sub-Committee
a) 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 ommittee as are specified in the instrument, other than;
(i) this power of delegation; and
(ii) a function which is a duty imposed on the committee by the Act or by any other law.
b) 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 delegations.
c) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation.
d) Notwithstanding any delegation under this rule, the Committee may continue to exercise any function delegated.
e) 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.
f) The committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
g) A sub-committee may meet and adjourn as it thinks proper.
23. Voting and Decisions
a) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined by a majority of the votes of members of the Committee or sub-committee present at the meeting.
b) Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
c) Subject to rule 21 c), the Committee may act notwithstanding any vacancy on the Committee.
d) 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 notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any members of the Committee or sub-committee.
24. Annual General Meetings – Holding Of
The Association shall, at least once in each calendar year and within the period of six months after the expiration of each financial year of the Association, convene an Annual General Meeting of its members.
25. Annual General Meetings – Call Of and Business At
a) The Annual General Meeting of the Association shall, subject to the Act and to rule 24, be convened on such date and at such place and time as the Committee thinks fit.
b) In addition to any other business, which may be transacted at an Annual General Meeting, the business of an Annual General Meeting shall be:
(i) to confirm the minutes of the last preceding Annual General Meeting and of any Special General Meeting held since that meeting;
(ii) to receive from the Committee reports upon the activities of the association during the last preceding financial year;
(iii) to elect office-bearers of the association and ordinary members of the committee; and
(iv) to receive and consider the statement, which is, required to be submitted to members pursuant to section 26 (6) of the Act
c) An annual general meeting shall be specified as such in the notice convening it.
26. Special General Meeting – Calling Of
a) The committee may, whenever it thinks fit, convene a Special General Meeting of the Association.
b) The Committee shall, on the requisition in writing of not less than five per cent of the total number of members, convene a Special General Meeting of the Association
c) A requisition of members for a Special Ggeneral Meeting:
(i) shall state the purpose or purposes of the meeting;
(ii) shall be signed by the members making the requisitions;
(iii) shall be lodged with the Secretary; and
(iv) may consist of several documents in similar form, each signed by one or more of the members making the requisition.
d) If the Committee fails to convene a Special General Meeting to be held within one month after the date on which a requisition of members for the meeting is lodged with the Secretary, any one or more of the members who made the requisition may convene a Special General Meeting to be held not later than three months after that date.
e) A Special General Meeting convened by a member or members as referred to in clause c) shall be convened as nearly as is practicable in the same manner as general meetings are convened by the Committee and any member who thereby incurs any legitimate expense is entitled to be reimbursed by the association for any legitimate expense so incurred.
27. Notice
a) Except where the nature of the business proposed to be dealt with at a General Meeting requires a special resolution of the Association the ecretary shall, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent by pre-paid post or electronically to each member at the member’s address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
b) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary shall, at least 21 days before the date fixedfor the holding of the general meeting, cause notice to be sent to each member in the manner provided in clause a) specifying, in addition to the matter required under clause a), the intention to propose the resolution as a special resolution.
c) No business other than that specified in the notice convening a general meeting shall be transacted at the meeting, except, in the case of an annual general meeting, business which may be transacted pursuant to rule 25 b).
d) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who shall include that business in the next notice calling a general meeting given after receipt of the notice from the member.
28. Procedure
a) No 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 the meeting is considering that item.
b) Five 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.
c) If within half an 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 shall stand adjourned to the same day in the following week at the time and (unless another place is specified at the time of 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.
d) 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 not less than three) shall constitute a quorum.
29. Presiding Member
a) The President or, in the President’s absence, the Vice President, shall preside as chairperson at each general meeting of the association.
b) If the President and the Vice President are absent from a general meeting or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting.
30. Adjournment
a) 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 shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
b) Where a general meeting is adjourned for 14 days or more, the Secretary shall given 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.
c) Except as provided in clauses a) and b), 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.
31. Making of Decisions
a) A question arising at a general meeting of the association shall 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.
b) At a general meeting of the Association, a poll may be demanded by the Chairperson or by not less than three members present in person or by proxy at the meeting.
c) Where a poll is demanded at a general meeting, the poll shall be taken:
(i) 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
(ii) in any other case, in such manner and at such time before the close of the meeting as the Chairperson directs
(iii) and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that manner.
32. Special Resolution.
A resolution of the Association is a special resolution if:
a) It is passed by a majority which comprises not less than three quarters of such members of the Association as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which not less than 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules; or
b) Where it is made to appear to the Commission that it is not possible or practicable for the resolution to be passed in the manner specified in paragraph a) – the resolution is passed in a manner specified by the Commission.
33. Voting
a) Upon any question arising at a general meeting of the Association a delegate has one vote only. A maximum of two delegates from each member may vote.
b) All votes shall be given personally or by proxy but no member may hold more than five proxies.
c) 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.
d) A member or proxy is not entitled to vote at any general meeting of the Association unless all money due and payable by the member or proxy to the Association has been paid, other than the amount of the annual subscription payable in respect of the then current year.
34. Appointment of Proxies
a) Each member shall be entitled to appoint another 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.
b) The notice appointing the proxy shall be in the form set out in Appendix 1 to these rules.
35. Insurance
a) The Association shall effect and maintain insurance pursuant to Section 44 of the Act.
b) In addition to the insurance required under clause a), the Association may effect and maintain other insurance.
36. Funds
a) The funds of the Association shall be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the Association in general meeting, such other sources as the Committee determines.
b) The Committee shall be entitled to enter into Sponsorship Agreements and arrangements with persons and organisations capable of promoting the interests of the Association.
c) All money received by the Association shall be deposited as soon as practicable and without deduction to the credit of the Association’s bank account.
d) The Association shall, as soon as practicable after receiving any money, issue an appropriate receipt.
37. Funds – Management
a) Subject to any resolution passed by the Association in general meeting, the funds of the Association shall be used in pursuance of the objects of the Association in such manner as the Committee determines.
b) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two members of the Committee or employees of the Cssociation, being members or employees authorised to do so by the Committee.
38. 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.
39. Common Seal
a) The Common Seal of the Association shall be kept in the custody of the Public Officer.
b) The Common Aeal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the CommonSseal shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of the Public Officer or Secretary.
40. Custody of Books etc.
Except as otherwise provided by these rules, the Public Officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the Association.
41. Inspection of Books etc.
The records, books and other documents of the Association shall be open to inspection, free of charge, by a member of the Association at any reasonable hour.
42. Service of Notices
a) For the purpose of these rules, a notice may be served by or on behalf of the Association upon any member either personally or by serving it by post to the member at the member’s address shown in the Register of Members.
b) Where a document is sent to a person by properly addressing, pre -paying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.
43. Surplus Property
a) At the first general meeting of the Association, the Association shall pass a special resolution nominating an Incorporated Association as the Association in which it is to vest its surplus property pursuant to Section 53 (2) of the Act in the event of the winding up or the cancellation of the incorporation of the Asociation.
b) The Incorporated Association so nominated shall be one which fulfils the requirements specified in Section 53 (2) –(c ) of the Act.
CHARTER : THE COUNCIL OF MOTOR CLUBS INCORPORATED ASSOCIATION
1. The aims of this Association are to promote interest and encourage the hobby and sport of
restoration, preservation, display and use of vehicles of all ages.
2. The Council of Motor Clubs Incorporated Association Membership shall elect a committee
annually. Such election to take place no later than 31st December of each year.
3. The Board shall consist of not less than seven elected representatives of the Membership.
4. Voting rights are conditional upon full financial membership at the time of the convened
meeting.
5. All Board members’ positions become vacant at each Annual General Meeting.
6. Amendments to this Charter can only be effected by a majority of 65% of the vote of any
Special General Meeting.
7. The body shall be called the Council of Motor Clubs Incorporated, hereinafter referred to as
the C.M.C.
8. General
a) For the purpose of these articles, the following definitions shall apply:
b) COUNCIL shall mean that body, composed of the delegates from each of the affiliated
clubs, active together.
c) DELEGATE shall mean that person, or his/her proxy, duly elected by his/her affiliated
club to the Council and entitled to vote in matters brought before the Council for its
consideration.
d) MEMBER shall mean affiliated club or association or corporate body.
9. Functions
The functions of the C.M.C. shall be:
a) To promote interest in and encourage the sport and hobby of restoration and
preservation of veteran, vintage, classic and all vehicles in clubs whose aims and
objects are similar to Council.
b) To co-ordinate, wherever possible, the activities of the affiliated clubs.
c) To encourage a close relationship between the affiliated clubs.
d To generally act upon the recommendations of delegates in any matter, wherein any
benefits to the affiliated clubs, individually and/or collectively, may result.
e) To protect wherever possible the independence of affiliated clubs.
10. Eligibility
Any club whose interests are directed towards veteran, vintage and classic vehicles as accepted and who is in sympathy with the objects of the C.M.C. shall be eligible for affiliation provided that the nature and activities of the club are approved by the Council, provided that the applicant’s club name is not identical to an already affiliated club or a name which is derogatory to the functions of the Council.
11. Admission
Subject to the conditions being satisfied, the Council may elect to admit a club as an affiliate. No club shall be affiliated until so elected and affiliation shall be deemed to have commenced from the date of election. Application for affiliation shall be made on the prescribed form.
A club applying for affiliation shall:
a) Submit a copy of their Constitution to the Secretary of the C.M.C.
b) Provide a delegate or delegates to a Council Committee meeting if requested to do so
to put forward the Club’s case, answer and ask questions.
c) Supply a list of events so that members of the Council Committee may visit all or some
of the events to observe the club members and vehicles.
If the applying Club does not comply with the above conditions, then their application for affiliation may be refused.
Notice of application for affiliation shall be given to all affiliated clubs, by the Secretary and the application shall be read at the next available meeting of the C.M.C. After all above items are attended to a recommendation for a motion rejecting or accepting the application may then be put at the next meeting of the C.M.C.
12. Duration of Affiliation
Affiliation of any club with the C.M.C. shall operate from the date of election until the first day of December in that same year and, thereafter, the thirty first day of December in any year. Annual subscriptions shall become due on the 3 1stDecember in that same year. Should subscriptions of any affiliated club become more than two calendar months in arrears, the club shall be deemed to have relinquished its affiliation. Reinstatement of the club may be effected within one year of the date of cessation of affiliation with the C.M.C. at the discretion of the Council.
12. Affiliation
Pursuant to notice of election, an affiliated club shall be required to appoint two delegates to the Council and shall notify the Secretary of the C.M.C. of such appointment in writing. The delegates shall have one vote each, delegates may represent one or more clubs in Council. All matters that the affiliated clubs may wish to bring to the notice of the C.M.C. shall normally be presented to the Council by the delegates from the club concerned, provided that the Council may, should it be deemed necessary, invite any person to present any matter directly at a meeting of the Council. Should any affiliated club relinquish its affiliation with the C.M.C. its delegates shall cease to be members of the Council from the date of such relinquishment of affiliation.
12. Finance
a) The annual subscription shall be $25.00, or such other amount as decided, and shall become due on the thirty-first day of December in any year. Payment of subscriptions shall be subject to the conditions of Clause 6. The Treasurer shall prepare and submit to the Annual General Meeting of the C.M.C. a balance sheet and shall certify same to be correct for a period of 12 months preceding the date 30 days prior to the Annual General Meeting. Any member of the Council, on giving reasonable notice, may inspect the Treasurer’s accounts, books and records.
b) The income and property of the Council whencesoever derived, shall be applied solely towards the promotion of the objects of the Council as set forth; and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit, to members of the Council.
Provided that nothing herein shall prevent the payment, in good faith, or reasonable and proper remuneration of any officer or servant of the Council, or to any member of the Council, in return for any services actually rendered to the Council, nor prevent the payment of interest at a rate not exceeding interest at the rate for the time being charged by bankers in Sydney for overdrawn accounts on money lent, or reasonable and proper rent for premises demised or let by any member to the Council, but so that no member of the Council or management or governing body of the Council shall be appointed to any salaried office of the Council, or any office of the Council paid by fees, and that no remuneration or other benefit in money or money’s worth shall be given by the Council to any member of such Council or governing body except repayment of out-of-pocket expenses and interest at the rate aforesaid on money lent or reasonable and proper rent for premises demised or let to the Council.
15. Composition
The Council shall consist of two delegates or their proxies, duly authorised by their respective clubs, to attend the meeting of the Council and to vote on behalf of their respective clubs and the delegates shall each exercise the right to vote in the Council for, and on behalf of, the members of their respective clubs. The affiliated clubs shall appoint the two delegates in the calendar month preceding the Annual General Meeting of the C.M.C. which shall be held in November of each calendar year for the ensuing year and shall notify the Secretary of the C.M.C. of such appointment on or before the date of the Annual General Meeting, provided that the initial appointment of the delegates may be made any time upon election of a club to affiliation, such appointment to take effect from the date of admission. Delegates to the Council shall hold office for the calendar year of the C.M.C. but shall cease to be members of the Council for any of the following reasons:
i. on the delegate’s club advising the Secretary of the C.M.C. in writing that the delegacy has been withdrawn.
ii. on the delegate advising the Secretary of the C.M.C. in writing of his/her resignation from the Council.
iii. On his/her ceasing to be a financial member of the affiliated club represented.
One person may be a delegate for one or more clubs, provided he or she is a duly appointed delegate for both clubs as described above. The delegate shall vote on issues as instructed by each club independently.
The Council may from time to time appoint certain persons to execute particular duties and so appointed shall be responsible to the Council for the execution of such duties.
16. The President shall preside at all meetings of the C.M.C. and shall prepare and submit to the Annual General Meeting a full report of the activities of the C.M.C. during the preceding 12 months. The Vice President shall act in the place of the President at any meeting of the C.M.C. at which the President cannot be present. The Secretary and Treasurer shall carry out the instructions of the Council and shall keep account of the income and expenditure and pay all accounts authorised by the Council. Except as expressly authorised elsewhere or by the Council, neither the C.M.C. nor any member of the C.M.C. shall have any power to contract on behalf of, or pledge the credit of the C.M.C.