CONSTITUTION
of
THE BIRMAN CAT CLUB of
AUSTRALIA INCORPORATED
NAME
1. The name of the Club
shall be "THE BIRMAN CAT CLUB OF AUSTRALIA INCORPORATED"
INTERPRETATION
2. In this Constitution
unless there be something in the subject matter and context inconsistent therewith:
(a) “The Club" means The Birman Cat
Club of Australia Incorporated.
(b) "'The Committee" means
those persons appointed to administer the
activities
of the Club.
(c) Words or expressions contained in
this Constitution shall be
interpreted
in accordance with the provisions of the
Interpretation
Act 1897.
OBJECTS
3. The objects of the
Club shall be:
(a) To promote and improve the breeding
of Birman cats.
(b) To maintain the supervision of the
official Standard of points
by
breeders and judges.
(c) To foster and assist co-operation in
the breeding of Birman cats.
(d) To hold shows and exhibitions of
Birman cats and support other
clubs
in the showing of Birman cats,
(e) To provide facilities for the
training of judges to judge Birman
cats
by the ruling standard.
(f) To collate and circulate information
on Birman cats,
(g) To aid and support all activities for
the benefit of all cats.
COLOURS
4. The Club's colours
shall be burgundy and champagne.
REGISTERED OFFICE
5. The registered
office of the Club shall be at: 46 Moray St Winmalee 2777. or such other place
as may be determined by the committee from time to time.
(2)
MEMBERSHIP
6. The membership of
the Club shall consist of:
(a) Ordinary Members:
Ordinary
members shall comprise those persons over the age of
16
years who are interested in Birman cats.
(b) Honorary Members:
The
club may admit a person as an Honorary Member only.
(c) Junior Members:
Junior
members shall comprise those persons who are under the
age
of 16 years but who would otherwise be entitled under sub-clause
(a) hereof to make application
to become an ordinary member .
(d) Life Members:
The
club may elect a Life Member, but such honour shall only be
conferred
at an Annual General Meeting.
(e)
Members joining the Club after six months or more has lapsed of the
current financial year
shall pay half of the current
membership fee for that year
.
Only Ordinary financial members shall be entitled to participate in the
business affairs of the Club, except for Life Members or Honorary Members who
shall have the same rights and privileges of an Ordinary Member.
7. Foundation
members of the club shall be those persons recorded as members
of
the club as at the date of the adoption of this Constitution.
8. (a) Application for membership shall be
made in writing signed by the
applicant,
and shall be in such form and contain such requirements
as
the Committee may from time to time prescribe.
(b) As soon as practicable after the
receipt by the secretary of an
application
for membership it shall be considered by the Committee
who
shall. thereupon determine upon the admission or rejection of
the
applicant. In no case shall the Committee be required to give any
reason
for the rejection of an applicant.
(c) A Register of Members shall be kept
showing in respect of each
member
his/her name, address, date of commencement of membership and class of
membership.
MEMBERSHIP FEES
9. Ordinary members
shall be required to pay a joining fee as set by the members at an Annual
General Meeting and thereafter an annual fee as set by the members at an Annual
General Meeting. In the case where both husband and wife are members the
joining fee and annual fee for both the husband and wife shall be as set by the
members at an Annual General Meeting. No fees shall be required from honorary
members. Junior members shall be required to pay a reduced joining fee and
annual fee as set by the members at an Annual General Meeting. Fees may be
varied from time to time but only by resolution of an Annual General Meeting.
(3)
EXPULSION OF MEMBERS
10. 1) A member (Life member, Honorary member, Ordinary
member) may be expelled from membership of the club by the Committee if in the
opinion of such Committee, after affording such member an opportunity of
offering the Committee an explanation of his/her conduct either verbally or in writing as the Committee may decide, the
conduct of the member is such as to be detrimental to the best interests of the
Club, See clause 10(2), provided that:
(a) Such expulsion shall not be effective
unless it is confirmed by
a
two thirds majority of members present and eligible to vote at
a
Special General Meeting of members convened to consider the
expulsion:
(b) Such Special General Meeting is held
within a period of one month
from
the date of the decision of the Committee to expel the member;
(c) At such Special General Meeting the member whose expulsion is under
consideration
shall be allowed to offer an explanation of his/her conduct
verbally
or in writing at the option of such member;
(d) The voting at such Special General Meeting shall be by
ballot if not less than five members present.
(e) It shall be in the power of the
Committee to exclude such member
from
participation in the affairs of the Club until such Special
General
Meeting shall be held.
(f) Notwithstanding the foregoing, any
person expelled shall have the
right
of appeal to the N.S.W.C.F.A. The N.S.W.C.F.A shall
be
notified of any expulsions and given all the relevant details.
2)
Expulsion of a member (Life member, Honorary member, Ordinary member),
any member of the
Birman Cat Club of Australia Incorporated may have their
membership
revoked at a Specially convened meeting.
Expulsion
may only be exercise for:
(a) Any member who acts in a way as to
cause cruelty or ill treatment
of
a Cat;
(b) Acts in a way which would cause
action to be taken against either
the
Birman Cat Club or a member by the N.S.W.C.F.A, Welfare League
or
the R.S.P.C.A.;
(c) By a breach of the constitution which
is deemed serious enough
misconduct
by the members to vote for such expulsion. Expulsion may
only
occur when two thirds of the members present at such Special
Meeting
vote in favour of such expulsion and not by a simple majority:
(d) By the mating of unregistered Birmans
(male or female) to any
registered
Birman.
(4)
ANNUAL GENERAL MEETING
11. An Annual General Meeting of the members of the Club shall
be held in August of each year as far as practicable but not later than 31
December, when the following business shall be transacted, namely:
(a) Confirmation of Minutes of the
previous Annual General Meeting,
(b) Annual Reports.
(c) Presentation of audited accounts.
(d) Election of officers.
(e) Election of Auditor.
(f) Election of Patron, if required.
(g) Determination of membership fees for
the ensuing year.
(h) Any other business pertaining to the
Annual General Meeting.
Election
of Officers shall be made at; the Annual General Meeting.
Nominations
can be accepted only from the body of the meeting, unless the
nominated
member has signified in writing their willingness to accept such nomination.
Election of Office Bearers: Any member nomination for a position of Executive- (President,
Vice President, Secretary or Treasurer) of the Club must have been a Financial
member for not less than 12 months.
Any member may be
elected to the committee of the Club.
MANAGEMENT OF CLUB
12. The management of the
Club, shall be vested in the Committee. No member of the Committee shall be
appointed to any salaried office of the Club or any office of the Club paid by
fees and no remuneration or other benefit in money or money's worth shall be
given by the Club to any member of the Committee except repayment of
out-of-pocket expenses, interest at a rate not exceeding
the overdraft rate charged by bankers in Sydney for money lent to the Club
and/or reasonable and proper rent for
any premises let to the Club.
OFFICERS OF THE CLUB
13. The office bearers of
the Club shall consist of :
(a) Patrons as required.
(b) President.
(c) Vice-President.
(d) Honorary Secretary.
(e) Honorary Treasurer.
(f) Publicity Officer
(5)
.
(g) Three (3) other committee members.
(h) Three (3) Trustees elected from the
above officers of the club who
shall
(subject to the provisions of Clause 14 hereof) each be
elected
for a term of one year at the Annual General Meeting.
The
position of Treasurer may be combined with the Secretary should
the
need arise.
The above officers
shall comprise the Committee excepting that/those
person/s if any
as/is are elected as the Club's Patron/s,
Any casual vacancy occurring
among the officers of the Club may be filled
by the Committee
and the person so appointed to fill such vacancy shall
hold office for the
unexpired term of the member so replaced.
Any office bearer
who fails to attend three consecutive meetings without
leave of absence
(not an apology) shall be deemed to have vacated such
position and that
position shall be filled according to Clause 13
paragraph 3 of the
Constitution.
14. The first office
bearers and Committee shall comprise: (a) to (h) inclusive
ORDINARY GENERAL MEETINGS
15. A general meeting of
the Club shall be held BI-MONTHLY on the last Wednesday of that month. These meetings are held up to three
months prior to the annual show date whence they shall be monthly at such place
as shall be arrange by the President and Secretary provided always that the aforesaid date on which monthly
meetings are to be held may be varied from time to time, or an individual
monthly meeting cancelled, by resolution of a General Meeting. The business to be
concluded at such Meetings shall be determined by the President and Secretary
and shall include such business as members may wish to have included on the
Agenda provided that at least 14 days previous notice in writing of such
business shall have been given by such member to the Secretary.
QUORUM
16. At Annual General
Meetings of members of a quorum shall consist of at least 8 members but at
other General Meetings the quorum shall be at least 5 members. A quorum for
Committee Meetings shall be 3 members.
Should within half an hour of the time set down for a meeting to commence a
quorum be not present then the meeting shall be adjourned to the same time and
place seven days later or to a place and to a time within one month of the date
of such meeting to be determined
thereat. If at such adjourned meeting a quorum be not present, then those
members attending shall be deemed to be a quorum provided the number of such
members is not less than three.
(6)
NOTICE OF MEETINGS
17. The Secretary shall give
at least 7 days notice in writing of
all General Meetings to the members of the Club specifying the place, the day
and the hour of the meeting and the general nature of the business to be dealt:
with at the meeting.
PROCEEDINGS AT GENERAL MEETINGS
18. (a) The
president shall preside as chairperson at every general meeting of the Club but
if he/she is not present within fifteen minutes after the time appointed for
the holding of the meeting or is unwilling to act then the members present
shall elect one of their number to be chairperson of the meeting.
(b) The Chairperson may
with the consent any meeting at which a quorum is present: (and shall if so
directed by the meeting) adjourn the meeting from time to time and from place
to place but no business shall be transacted at any adjourned meeting other
than the business left unfinished at the meeting from which the adjournment
took place. When a meeting is adjourned for thirty days or more notice of the
adjourned meeting shall be given as in the case of an original meeting. Save as
aforesaid it shall not be necessary to give any notice of any adjournment or of
the business to be transacted at an adjourned meeting.
(c) At any general.
meeting a resolution put to the vote of a meeting shall be decided on a show of
hands unless a poll is (before or on the declaration of the result of the show
of hands) demanded by the Chairperson or by at least three members present.
Unless a poll is so demanded a declaration by the chairperson that: a
resolution has on a show of hands been carried or carried unanimously, or by a
particular majority or lost and an entry to that effect in the book containing
the minutes of the proceedings of the Club shall
each be conclusive evidence or the fact without proof of the number of
proportion of votes recorded in favour of or against the resolution. The demand
for a poll may be withdrawn.
(d) If a poll is duly
demanded it shall be taken in such manner and either at once or after an
interval or adjournment or otherwise as the Chairperson directs and the result
of the poll shall be the resolution of the meeting at which the poll was
demanded but a poll demanded on the election of a Chairperson or on a question
of adjournment shall be taken forthwith.
(e) In the case of an
equality of votes whether on a show of hands or on a poll the Chairperson of
the meeting at which the show of hands takes place or at which a poll is
demanded shall be entitled to a second or casting vote.
(f) Each member present and voting at a
general meeting of the Club shall have one vote.
PROCEEDINGS OF THE COMMITTEE
19. (a) A
Committee may meet together for the dispatch of business, adjourn and otherwise
appoint and regulate its meetings as it thinks fit. The President may at any
time and the Secretary on the requisition of any two members of the Committee
summon a meeting of the Committee.
(7)
(b) Questions arising at
any meeting of the Committee shall be decided by a majority of votes of those Present
and a determination by a majority of the members the Committee present shall
for all purposes be a determination of the committee. In case of an equality of
votes the Chairperson of the meeting shall have a second or casting vote.
(c) The continuing
members of the Committee may act notwithstanding any vacancy in the committee,
but if and so long as their number is reduced below the number fixed by or
pursuant to this Constitution as the necessary quorum, the continuing member or
members may act for the purpose of
increasing the number of members of the Committee and which they are hereby
empowered to do or of summoning a general meeting of the Club but for no other
purpose.
VACATION OF OFFICE
20. The office of a
member of the Committee or of a trustee shall inso facto become vacant:
(a) Upon his/her decease.
(b) If he/she becomes bankrupt or makes any
arrangement or composition with his/her creditors generally.
(c) If he/she becomes
mentally ill or a person whose person or estate is liable to be dealt with in
any way under the law relating to mental health.
(d) If he/she resigns his/her office by notice in
writing to the Club.
(e) If he/she is absent
for more than six months without leave of the Committee from meetings of the Committee held during that
period.
(f) If he/she ceases to
be a member of the Club.
(g) Upon a resolution being passed by a two thirds majority of
members present at a properly constituted general meeting specifically called
for the purpose, to remove him/her from office.
(h) If he/she holds any
Office of Profit under the Club:
(i) If he/she is
directly or indirectly interested in any contract or proposed contract with the
Club.
FINANCIAL YEAR
21 (a) The Clubs financial
year shall commence on the 1st day of July and conclude the 30th day of June each year.
(b) Any membership
which has not been renewed within twenty one (21) days of the 30th June of each
year shall be deemed as lapsed and a new application for membership must be
submitted.
(8)
AUDIT
22. (a) An
auditor or auditors shall be elected at the Annual General Meeting. They shall
examine all accounts, vouchers. receipts, books, etc., and furnish a report
thereon to the members at the Annual Meeting. Audits shall be conducted at
regular intervals of not more than twelve months unless specifically directed.
(b) An auditor shall not be a member or
closely related to a member of the Committee.
(c) Subject to paragraph
(d) hereof notice of the intention to nominate an auditor to replace the
current auditor shall be given to the Secretary at Least twenty one (21) days
before the Annual General Meeting. The Secretary shall send a copy of the
nomination to the current auditor at least seven (7) days before the Annual
General Meeting. The current auditor shall be entitled to attend the Annual
General Meeting and if he/she so wishes be heard at such Annual General
Meeting.
(d) Where the current
auditor submits his/her resignation. or notifies the secretary of his/her intention not to seek re-election as auditor,
paragraph (c) hereof shall not apply.
ACCOUNTS
23. All accounts shall be
presented to and passed for payment by the Committee and the Committee shall report
on all such accounts so passed to the next General Meeting of the Club. The
Treasurer shall be responsible for all of the Club's accounts and cheques shall
be signed by any two of the President, Secretary and Treasurer or such other
person or persons as may be nominated by the Club in General Meeting from time
to time.
MINUTES
24. The Committee shall
cause minutes to be made:
(a) of all appointments of office-bearers
and members of the Committee,
(b) of the names of members of the
Committee present at all meetings of
the
Club and of the Committee,
(c) of all proceedings to all meetings of
the Club and of the Committee.
Such Minutes shall be signed by the Chairperson of the meeting at which
the proceedings were held or by the Chairperson of the next succeeding meeting.
TRUSTEES
25. (a) Three (3) Trustees shall be elected
at the Annual General Meeting,
(9)
(b) All property of whatever kind
belonging to the Club shall be vested in the Trustees and they shall have the custody
of all deeds and documents of title relating to the property of the Club and
shall be responsible for the same and shall deal with and dispose of all the
property of the Club whether real or personal for the time being vested in them
and the income thereof in accordance with the directions of the Committee
provided that: such directions are not in violation of the Trusts upon which
the property is held.
JUDGES AND STEWARDS
26. Judges and Stewards
for all shows shall be elected by members at a General Meeting, but the
President and Secretary may act in case of emergency.
AFFILIATION WITH THE N.S.W CAT FANCIERS ASSOCIATION INC.
27. The Club shall seek
affiliation with the New South Wales Cat Fanciers Association Inc. and be bound
to comply with that Club's rules and regulations.
DISSOLUTION
28. (a) The Club shall be dissolved in the
event of membership less than
five
(5) persons or upon the vote of a three-fourths majority
of
members present at a General Meeting convened to consider such
question.
(b) Upon a resolution being passed in
accordance with paragraph (a)
of
this rule, all assets and funds of the Club on hand shall after
the
payment of all expenses and liabilities be handed over to such
registered
or exempted charity of charities as a simple majority
of
the members at the General Meeting so convened, or at a
subsequent
General Meeting may decide.
AMENDMENT OF CONSTITUTION
29, This Constitution may
be amended by a resolution passed by a two-thirds majority of members present
at an Annual General Meeting or at a specially convened meeting. Any proposed
amendments must be in writing, duly signed and seconded and in the hands of the
Secretary fourteen (14) days prior to the notice calling such meeting.
NOTICES
30. A Notice may be given
to any member either personally or by sending it by post to him/her at his/her
address registered with the Club or if he/she has no registered address to the
place of abode of a member last known to
the Committee. Where a notice shall be deemed to be effected by properly addressing. prepaying and posting a
letter or an envelope containing the notice and to have been effected. in the
case of the notice of the meeting, on the day after the date of its posting and
in any other case the time at which the letter would be delivered in the
ordinary course of post.
31. In all circumstances,
in the case of dispute, the N.S.W.C.F.A Regulations are paramount.