Draft Proposed new 8RAR Constitution and Rules 1 and 2. Subject to Ratification at a:
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Regimental Badge
VIII
Dated:
Constitution of
The 8th Battalion Royal Australian Regiment Association
Incorporated
ABN: 12 157 362 866
Version 1: (date)
Adopted at The 8th Battalion Royal Australian Regiment Association Incorporated SGM – (date)
VERSION HISTORY
| Date | Description of Change | Version |
| Initial release following registration with OFT | 1 | |
CONSTITUTION OF
The 8th BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED
1. Interpretation
(1) In these rules—
Act means the Associations Incorporation Act 1981.
Present means—
(a) at a management committee meeting, see rule 22(6); or
(b) at a general meeting, see rule 36(2).
Branch means a state or territory branch of The 8th Battalion Royal Australian Regiment Association Incorporated.
(2) A word or expression that is not defined in these model rules, but is defined in the Act has, if the context permits, the meaning given by the Act.
(3) Within these rules, a member of the Association undertaking any role or performing any business as part of the Association must be a financial member.
2. Name
The name of the incorporated association is The 8th Battalion Royal Australian Regiment Association Incorporated, (8RARA) or (the Association).
3. Objects
The objects of the Association are—
- To unite all former members of the 8th Battalion Royal Australian Regiment;
- To continue the commemoration of the Long Hai Day Memorial Service on the 28th day of February in each year, following the format of the inaugural service held at Nui Dat, South Vietnam on 23rd October 1970;
- To commemorate the Battalion’s birthday on the 8th day of August in each year;
- To provide welfare, financial and moral support, as may be required, to members and persons eligible in accordance with Rule 5, as members of the Association, and their immediate family;
- To maintain contact with –
- 8th/9th Battalion Royal Australian Regiment;
- The Returned and Services League of Australia;
- The Royal Australian Regiment Association;
- Any other organisation or association having similar aims and objectives as the Association, at the discretion of the management committee.
- To organise reunions and other social activities as may be required from time to time on behalf of the members of the Association.
(1) The Association has the powers of an individual.
(2) The Association may, for example—
(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) make charges for services and facilities it supplies; and
(d) do other things necessary or convenient to be done in carrying out its affairs.
(3) The Association may also issue secured and unsecured notes, debentures and debenture stock
for the Association.
4A. State Branches
To maintain the national aims of the Association, state Branches may be formed. The raising of each Branch is to be authorised by the management committee.
- The operation of each Branch is to be governed by the requirements of this set of rules and such by-laws as are put in place by the Association.
5. Classes of members
(1) The membership of the Association consists of ordinary members, and association supporters
(2) The number of ordinary members is unlimited and is open to:
(a) Any person who served on the posted strength of the 8th Battalion Royal Australian Regiment (8RAR) in the period from 8 August 1966 to 30 October 1973; and
(b) Any person from any unit or corps or foreign army attached to 8RAR for a period of one
day or more; and
(c) Any immediate family member of a person eligible for membership in accordance with
sub-rule 5(2)(a).
(3) The number of association supporters is unlimited and is open to any person who is not entitled
to ordinary membership and who, by payment of the relevant fees set by the management
committee, indicates their support for the Association without partaking of all rights granted by
these rules to ordinary members.
6. New membership
(1) An application for membership must be—
(a) in writing; and
(b) signed by the applicant; and
(c) in the form decided by the management committee.
7. Membership fees
(1) The membership fee for each ordinary membership and for each other class of membership (if
any)—
(a) is the amount decided from time to time by the management committee; and
(b) is payable when, and in the way, the management committee decides.
8. Admission and rejection of new members
(1) The management committee must consider an application for membership at the next
committee meeting held after it receives—
(a) the application for membership; and
(b) the appropriate membership fee for the application.
(2) The management committee must ensure that, as soon as possible after the person applies to become a member of the Association, and before the management committee considers the person’s application, the person is advised—
(a) whether or not the Association has public liability insurance; and
(b) if the Association has public liability insurance—the amount of the insurance.
(3) The management committee must decide at the meeting whether to accept or reject the
application.
(4) If a majority of the members of the management committee present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member for the class of membership applied for.
(5) The secretary of the Association must, as soon as practicable after the management committee decides to accept or reject an application, give the applicant a written notice of the decision.
9. When membership ends
(1) A member may resign from the Association by giving a written notice of resignation to the
secretary.
(2) The resignation takes effect at—
(a) the time the notice is received by the secretary; or
(b) if a later time is stated in the notice—the later time.
(3) The management committee may terminate a member’s membership if the member—
(a) is found guilty of an indictable offence; or
(b) does not comply with any of the provisions of these rules; or
(c) has membership fees in arrears for at least 2 months; or
(d) conducts himself or herself in a way considered to be injurious or prejudicial to the
character or interests of the Association.
(4) Before the management committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.
(5) If, after considering all representations made by the member, the management committee decides to terminate the membership, the secretary of the committee must give the member a written notice of the decision.
10. Appeal against rejection or termination of membership
(1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the person’s intention to appeal against the decision.
(2) A notice of intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision.
(3) If the secretary receives a notice of intention to appeal, the secretary must, within 1 month after receiving the notice, call a general meeting to decide the appeal.
11. General meeting to decide Appeal
(1) The general meeting to decide an appeal must be held within 3 months after the secretary receives the notice of intention to appeal.
(2) At the meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated.
(3) Also, the management committee and the members of the committee who rejected the application or terminated the membership must be given a full and fair opportunity to show
why the application should be rejected or the membership should be terminated.
(4) An appeal must be decided by a majority vote of the members present and eligible to vote at the meeting.
(5) If a person whose application for membership has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the membership fee paid by the person.
12. Register of members
(1) The management committee must keep a register of members of the Association.
(2) The register must include the following particulars for each member—
(a) the full name of the member;
(b) the postal or residential address of the member;
(c) the date of death or time of resignation of the member;
(d) details about the termination or reinstatement of membership;
(c) any other particulars the management committee may decide.
(3) The register must be open for inspection by members of the Association at all reasonable times, subject to the provisions of the Privacy Act 1988.
(4) A member must contact the secretary to arrange an inspection of the register.
(5) However, the management committee may, on the application of a member of the Association,withhold information about the member (other than the member’s full name) from the register available for inspection if the management committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm.
13. Prohibition on use of information on register of members
(1) A member of the Association must not—
(a) use information obtained from the register of members of the Association to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes; or
(b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable
or commercial purposes.
(2) Subrule (1) does not apply if the use or disclosure of the information is approved by the Association.
14. Appointment or election of secretary
(1) The secretary must be an adult residing in Queensland, or in another State but not more than 65km from the Queensland border, who is—
(a) a member of the Association elected by the Association as secretary; or
(b) any of the following persons appointed by the management committee as secretary—
(i) a member of the Association’s management committee;
(ii) another member of the Association;
(iii) another person.
(2) If a vacancy happens in the office of secretary, the members of the management committee must ensure a secretary is appointed or elected for the Association within 1 month after the vacancy happens.
(3) If the management committee appoints a person mentioned in subrule (1)(b)(ii) as secretary, other than to fill a casual vacancy on the management committee, the person does not become a member of the management committee.
(4) However, if the management committee appoints a person mentioned in subrule (1)(b)(ii) as secretary to fill a casual vacancy on the management committee, the person becomes a member of the management committee.
(5) If the management committee appoints a person mentioned in subrule (1)(b)(iii) as secretary, the person does not become a member of the management committee.
(6) In this rule—
casual vacancy, on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office.
15. Removal of secretary
(1) The management committee of the Association may at any time remove a person appointed by the committee as the secretary.
(2) If the management committee removes a secretary who is a person mentioned in rule 14(1)(b)(i), the person remains a member of the management committee.
(3) If the management committee removes a secretary who is a person mentioned in rule 14(1)(b)(ii) and who has been appointed to a casual vacancy on the management committee
under rule 14(4), the person remains a member of the management committee.
16. Functions of secretary
The secretary’s functions include, but are not limited to—
(a) calling meetings of the Association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the Association; and
(b) keeping minutes of each meeting; and
(c) keeping copies of all correspondence and other documents relating to the Association; and
(d) maintaining the register of members of the Association.
17. Membership of management committee
(1) The management committee of the Association consists of a president, vice president, treasurer, a representative of each State or Territory Branch of the Association, and any other member deemed necessary by the management committee.
(2) A member of the management committee, other than a secretary appointed by the management committee under rule 14(1)(b)(iii), must be a member of the Association.
(3) At each annual general meeting of the Association, the members of the management committee must retire from office, but are eligible, on nomination, for re-election.
(4) A member of the Association may be appointed to a casual vacancy on the management committee under rule 20.
18. Electing the management committee
(1) A member of the management committee may only be elected as follows—
(a) any 2 members of the Association may nominate another member (the candidate) to serve as a member of the management committee;
(b) If nominating for more than one position on the management committee, a separate nomination is to be submitted for each;
(c) the nomination must be—
(i) in writing, in the form decided by the management committee; and
(ii) signed by the candidate and the members who nominated him or her; and
(iii) given to the secretary at least 14 days before the annual general meeting at which the election is to be held;
(d) each member of the Association present and eligible to vote at the annual general meeting may vote for 1 candidate for each vacant position on the management committee;
(e) if, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.
(2) A person may be a candidate only if the person—
(a) is an adult; and
(b) is not ineligible to be elected as a member under section 61A of the Act.
(3) A list of the candidates’ names in alphabetical order, with the names of the members who nominated each candidate, must be provided to eligible voting members with the notice of the
annual general meeting.
(4) If required by the management committee, balloting lists must be prepared containing the names of the candidates in alphabetical order.
(5) The management committee must ensure that, before a candidate is elected as a member of the management committee, the candidate is advised—
(a) whether or not the Association has public liability insurance; and
(b) if the Association has public liability insurance—the amount of the insurance.
19. Resignation, removal or vacation of office of management committee member
(1) A member of the management committee may resign from the committee by giving written notice of resignation to the secretary.
(2) The resignation takes effect at—
(a) the time the notice is received by the secretary; or
(b) if a later time is stated in the notice—the later time.
(3) A member may be removed from office at a general meeting of the Association if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member.
(4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.
(5) A member has no right of appeal against the member’s removal from office under this rule.
(6) A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act.
20. Vacancies on management committee
(1) If a casual vacancy happens on the management committee, the continuing members of the committee may appoint another member of the Association to fill the vacancy until the next annual general meeting.
(2) The continuing members of the management committee may act despite a casual vacancy on the management committee.
(3) However, if the number of committee members is less than the number fixed under rule 23(1) as a quorum of the management committee, the continuing members may act only to—
(a) increase the number of management committee members to the number required for a quorum; or
(b) call a general meeting of the association.
21. Functions of management committee
(1) Subject to these rules or a resolution of the members of the Association carried at a general meeting, the management committee has the general control and management of the administration of the affairs, property and funds of the Association.
(2) The management committee has authority to interpret the meaning of these rules and any matter relating to the Association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act.
(3) The management committee may exercise the powers of the Association—
(a) to borrow, raise or secure the payment of amounts in a way the members of the Association decide; and
(b) to secure the amounts mentioned in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Association in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the Association’s property, both present and future; and
(c) to purchase, redeem or pay off any securities issued; and
(d) to borrow amounts from members and pay interest on the amounts borrowed; and
(e) to mortgage or charge the whole or part of its property; and
(f) to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the Association; and
(g) to provide and pay off any securities issued; and
(h) to invest in a way the members of the Association may from time to time decide.
(4) For subrule (3)(d), the rate of interest must not be more than the current rate being charged for overdrawn accounts on money lent (regardless of the term of the loan) by—
(a) the financial institution for the Association; or
(b) if there is more than 1 financial institution for the association—the financial institution nominated by the management committee.
22. Meetings of management committee
(1) Subject to this rule, the management committee may meet and conduct its proceedings as it considers appropriate.
(2) The management committee must meet at least once every 3 months to exercise its functions.
(3) The management committee must decide how a meeting is to be called.
(4) Notice of a meeting is to be given in the way decided by the management committee.
(5) The management committee may hold meetings, or permit a committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen.
(6) A committee member who participates in the meeting as mentioned in subrule (5) is taken to be present at the meeting.
(7) A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the question is decided in the negative.
(8) The president is to preside as chairperson at a management committee meeting.
(9) If there is no president or if the president is not present within 10 minutes after the time fixed for a management committee meeting, the members may choose 1 of their number to preside as chairperson at the meeting.
23. Quorum for, and adjournment of, management committee meeting
(1) At a management committee meeting, more than 50% of the members elected to the committee as at the close of the last general meeting of the members form a quorum.
(2) If there is no quorum within 30 minutes after the time fixed for a management committee meeting called on the request of members of the committee, the meeting lapses.
(3) If there is no quorum within 30 minutes after the time fixed for a management committee meeting called other than on the request of the members of the committee—
(a) the meeting is to be adjourned for at least 1 day; and
(b) the members of the management committee who are present are to decide the day, time and place of the adjourned meeting.
(4) If, at an adjourned meeting mentioned in subrule (3), there is no quorum within 30 minutes after the time fixed for the meeting, the meeting lapses.
24. Special meeting of management committee
(1) If the secretary receives a written request signed by at least 33% of the members of the management committee, the secretary must call a special meeting of the committee by giving each member of the committee notice of the meeting within 14 days after the secretary receives the request.
(2) If the secretary is unable or unwilling to call the special meeting, the president must call the meeting.
(3) A request for a special meeting must state—
(a) why the special meeting is called; and
(b) the business to be conducted at the meeting.
(4) A notice of a special meeting must state—
(a) the day, time and place of the meeting; and
(b) the business to be conducted at the meeting.
(5) A special meeting of the management committee must be held within 14 days after notice of the meeting is given to the members of the management committee.
25. Minutes of management committee meetings
(1) The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each management committee meeting are entered in a minute book, digital record of the meeting.
(2) To ensure the accuracy of the minutes, the minutes of each management committee meeting must be signed by the chairperson of the meeting, or the chairperson of the next management committee meeting, verifying their accuracy.
26. Appointment of subcommittees
(1) The management committee may appoint a subcommittee consisting of members of the Association considered appropriate by the committee to help with the conduct of the Association’s operations.
(2) A member of the subcommittee who is not a member of the management committee is not entitled to vote at a management committee meeting.
(3) A subcommittee may elect a chairperson of its meetings.
(4) If a chairperson is not elected, or if the chairperson is not present within 10 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting.
(5) A subcommittee may meet and adjourn as it considers appropriate.
(6) A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative.
27. Acts not affected by defects or disqualifications
(1) An act performed by the management committee, a subcommittee or a person acting as a member of the management committee is taken to have been validly performed.
(2) Subrule (1) applies even if the act was performed when—
(a) there was a defect in the appointment of a member of the management committee, subcommittee or person acting as a member of the management committee; or
(b) a management committee member, subcommittee member or person acting as a member of the management committee was disqualified from being a member.
28. Resolutions of management committee without meeting
(1) A written resolution signed by each member of the management committee is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.
(2) A resolution mentioned in subrule (1) may consist of several documents in like form, each signed by 1 or more members of the committee.
29. Annual general meetings
An annual general meeting must be held—
(a) at least once each year; and
(b) within 6 months after the end date of the Association’s reportable financial year.
30. Management committee members to be elected at annual general meeting
The Association must elect the members of the management committee at each annual general meeting of the association.
31. Omitted
32. Omitted
33. Other business for annual general meeting of other small incorporated associations
(1) This rule applies if the Association is a small incorporated association to which sections 59A and 59AB of the Act apply.
(2) The following business must be conducted at each annual general meeting of the Association—
(a) receiving the Association’s financial statement, and verification statement, for the last reportable financial year;
(b) presenting the financial statement and verification statement to the meeting for adoption.
34. Notice of general meeting
(1) The secretary may call a general meeting of the Association.
(2) The secretary must give at least 14 days’ notice of the meeting to each member of the association.
(3) If the secretary is unable or unwilling to call the meeting, the president must call the meeting.
(4) The management committee may decide the way in which the notice must be given.
(5) However, notice of the following meetings must be given in writing—
(a) a meeting called to hear and decide the appeal of a person against the management committee’s decision—
(i) to reject the person’s application for membership of the association; or
(ii) to terminate the person’s membership of the Association.
(b) a meeting called to hear and decide a proposed special resolution of the Association.
(6) A notice of a general meeting must state the business to be conducted at the meeting.
35. Quorum for and adjournment of general meeting
(1) The quorum for a general meeting is at least the number of members elected or appointed to the management committee at the close of the Association’s last general meeting plus 1.
(2) However, if all members of the Association are members of the management committee, the quorum is the total number of members less 1.
(3) No business may be conducted at a general meeting unless there is a quorum of members when the meeting proceeds to business.
(4) If there is no quorum within 30 minutes after the time fixed for a general meeting called on the request of members of the management committee or the Association, the meeting lapses.
(5) If there is no quorum within 30 minutes after the time fixed for a general meeting called other than on the request of members of the management committee or the Association—
(a) the meeting is to be adjourned for at least 7 days; and
(b) the management committee is to decide the day, time and place of the adjourned meeting.
(6) The chairperson may, with the consent of any meeting at which there is a quorum, and must if directed by the meeting, adjourn the meeting from time to time and from place to place.
(7) If a meeting is adjourned under subrule (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting.
(8) The secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.
(9) If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.
36. Procedure at general meeting
(1) A member may take part and vote in a general meeting in person, by proxy, by attorney or by using any technology that reasonably allows the member to hear and take part in discussions as they happen.
(2) A member who participates in a meeting as mentioned in subrule (1) is taken to be present at the meeting.
(3) At each general meeting
(a) the president is to preside as chairperson; and
(b) if there is no president or if the president is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the members present must elect 1 of their number to be chairperson of the meeting; and
(c) the chairperson must conduct the meeting in a proper and orderly way.
37. Voting at general meeting
(1) At a general meeting, each question, matter or resolution, other than a special resolution, must be decided by a majority of votes of the members present.
(2) Each member present and eligible to vote is entitled to 1 vote only and, if the votes are equal, the chairperson has a casting vote as well as a primary vote.
(3) A member is not entitled to vote at a general meeting if the member’s annual subscription is in arrears at the date of the meeting.
(4) The method of voting is to be decided by the management committee.
(5) However, if at least 20% of the members present demand a secret ballot, voting must be by secret ballot.
(6) If a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot in the way the chairperson decides.
(7) The result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held.
38. Special general meeting
(1) The secretary must call a special general meeting by giving each member of the Association notice of the meeting within 14 days after—
(a) being directed to call the meeting by the management committee; or
(b) being given a written request signed by—
(i) at least 33% of the number of members of the management committee when the request is signed; or
(ii) at least the number of ordinary members of the association equal to double the number of members of the association on the management committee when the request is signed plus 1; or
(c) being given a written notice of an intention to appeal against the decision of the management committee—
(i) to reject an application for membership; or
(ii) to terminate a person’s membership.
(2) A request mentioned in subrule (1)(b) must state—
(a) why the special general meeting is being called; and
(b) the business to be conducted at the meeting.
(3) A special general meeting must be held within 3 months after the secretary—
(a) is directed to call the meeting by the management committee; or
(b) is given the written request mentioned in subrule (1)(b); or
(c) is given the written notice of an intention to appeal mentioned in subrule (1)(c).
(4) If the secretary is unable or unwilling to call the special meeting, the president must call the
meeting.
39. Proxies
(1) An instrument appointing a proxy must be in writing and be in the form decided by the management committee.
(2) The instrument appointing a proxy must—
a) if the appointor is an individual—be signed by the appointor or the appointor’s attorney properly authorised in writing; or
(b) if the appointor is a corporation—
(i) be under seal; or
(ii) be signed by a properly authorised officer or attorney of the corporation.
(3) A proxy may be a member of the Association or another person.
(4) The instrument appointing a proxy is taken to confer authority to demand or join in demanding a secret ballot.
(5) Each instrument appointing a proxy must be given to the secretary before the start of the meeting or adjourned meeting at which the person named in the instrument proposes to vote.
(6) Unless otherwise instructed by the appointor, the proxy may vote as the proxy considers appropriate.
(7) If a member wants a proxy to vote for or against a resolution, the instrument appointing the proxy must reflect this and be in the form decided by the management committee.
40. Minutes of general meetings
(1) The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each general meeting are entered in a minute book, or digital record of the meeting.(2) To ensure the accuracy of the minutes—
(a) the minutes of each general meeting must be signed by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and
(b) the minutes of each annual general meeting must be signed by the chairperson of the meeting, or the chairperson of the next meeting of the association that is
a general meeting or annual general meeting, verifying their accuracy.
(3) If asked by a member of the Association, the secretary must, within 28 days after the request is made—
(a) make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and
(b) give the member copies of the minutes of the meeting.
(4) The Association may require the member to pay the reasonable costs of providing copies of the minutes.
47. Distribution of surplus assets to another entity
(1) This rule applies if the Association—
(a) is wound-up under part 10 of the Act; and
(b) has surplus assets.
(2) The surplus assets must not be distributed among the members of the Association.
(3) The surplus assets must be given to another entity
(a) having objects similar to the Association’s objects; and
(b) the rules of which prohibit the distribution of the entity’s income and assets to its members.
(4) In this rule. surplus assets see section 92(3) of the Act.
48. Dispute Resolution
In resolving any dispute, the Association will follow the grievance procedures set out in Section 47A of the Act.
49. Constitution not subject to Section 41 of the Act Pursuant to Section 47(3) of the Act, it is expressly declared that the provisions of Section 47(1) of the Act do not apply to the constitution of the Association.
This DRAFT has differing Fonts and Underlines as our operating Platform is outdated. The documents that you receive in the mail are true and correct.
DRAFT By-Laws 8RAR
BY-LAWS OF
THE 8TH BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED
Version 1: date to be inserted when adopted
Version History
| Date | Description of Change | Version |
| Adopted at 8RARA SGM insert date | 1 | |
INTRODUCTION
This document contains the By-laws for The 8th Battalion Royal Australian Regiment Association Incorporated (8RARA or Association) and is to be read in conjunction with the Constitution of The 8th Battalion Royal Australian Regiment Association Incorporated. The Constitution has precedence over the By-laws.
BY-LAW 1 – STATE/TERRITORY BRANCHES
-
- To maintain the national aims of the Association, state/territory Branches may be formed. The raising of each Branch is to be authorised by the 8RARA management committee.
- The operation of each Branch is to be in accordance with the requirements of the Constitution of the 8RARA.
- Each Branch shall elect from its members an executive committee, consisting of a president, secretary and treasurer, to manage the affairs of the Branch.
- Each Branch so formed shall nominate a representative to the 8RARA management committee to represent the views of the state/territory.
- The funds of each Branch are to be managed in accordance with the requirements of Rule 43 of the 8RARA Constitution.
- A quarterly financial statement, signed by the Branch president and treasurer, along with a copy of the bank statement for the period, is to be forwarded to the 8RARA management committee for review.
- As soon as practicable after the end of each financial year, the Branch treasurer must prepare a financial statement for the last reportable financial year. The statement, along with a verification statement and the bank statement for the period, is to be presented to the Branch annual general meeting (AGM) for adoption. Upon acceptance, the financial statement in its entirety is to be forwarded to the 8RARA management committee for review and presentation to the Association AGM.
DRAFT
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THE 8th BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED
ABN: 12 157 362 866
PO Box 213 Scarborough Qld 4020
MEMBERSHIP APPLICATION/RENEWAL
Surname: ………………………………………………………………………………………………………………………..
Given Names: ………………………………………………………………………………………………………………….
Home address: Street # ………. Street name: …………………………………………………………………
City/Suburb: …………………………………………………………. State: …………Post Code: ………..
Postal Address (If different to home address)
Street # & Name OR Post Office Box #……………………………………………………………………
City/Suburb: …………………………………………………………….. State………….Post Code …………
Telephone: Home: ( )…………………… Mobile: …………………………Work: ( )…………………….
E- Mail address: ………………………………………………………………………………………………………………
Spouse/Partner Name: …………………………………………………………………………………………………..
Service Details: Service # ………………….Coy: …………. Platoon/Unit: ………………………………
Birthdate: …../…../19…… . Date enlisted: …../……/19……. . Date discharged:……/……/19……. .
Rank on Discharge: …………….. Served In: Australia Malaysia Viet Nam Other………………….
(Circle all that apply)
I HEREBY APPLY TO JOIN / RENEW MEMBERSHIP OF THE 8th BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED AND AUTHORISE THE ASSOCIATION TO PRINT MY NAME IN ITS CORRESPONDENCE, NEWSLETTERS OR ANY PUBLICATION THAT THE ASSOCIATION MAY WISH TO PUBLISH FROM TIME TO TIME, PROVIDING THAT THE INFORMATION OR USE OF MY NAME IS NOT ASSOCIATED WITH OR CONNECTED TO ANY DEFAMATORY PUBLICATION.
I ACKNOWLEDGE THAT I HAVE BEEN ADVISED THAT THE ASSOCIATION HAS A PUBLIC LIABILITY INSURANCE POLICY AND THE AMOUNT OF COVER IS $20MILLION.
Signature: …………………………………………Date: …… /…… /20…...
Annual Subs: $20.00 for one (1) year OR $100 for Five (5) Years $............
Donation (optional) $............
Total $.............
Remember you can now pay your subs directly to the Association’s bank account.
Account name: 8 RAR Association Inc Bank: National Australia Bank
Account Details: BSB No. 084-283 Account No. 045098582
Don’t forget to put your name in the detail section on the Bank Deposit Slip
If you pay your subscriptions by direct deposit to the Association’s Bank Account, please scan and e-mail this page to:-
The Treasurer treasurer8rarassn@hotmail.com OR Post to:-
The Secretary, PO Box 213 SCARBOROUGH QLD 4020
THE 8th BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED
ABN 157 362 866
PO Box 213 Scarborough Qld 4020
Email: SpideR682022@outlook.com
NOMINATION FOR ELECTION TO THE MANAGEMENT COMMITTEE
PLEASE PRINT
I, Surname: ________________First Name: _________________
Mobile: _____________________ Email: ___________________
hereby nominate for the position of: ______________________
I hereby declare that:
- I am a financial Member of The 8th Battalion Royal Australian Regiment Association Incorporated (the Association).
- I have not been convicted of an offence and sentenced to imprisonment, other than in default of payment of a fine;
- I am not an un-discharged bankrupt;
- I have not executed a deed of arrangement under the bankruptcy Act 1966 (C’wlth) and not fully complied with the terms of such deed of arrangement;
- I am aware of my responsibilities as a Member of the Management Committee to manage the business and affairs of the Association;
- I acknowledge that the Association has public liability insurance to the level of $20,000,000
Signature: __________________________________ Date: __/____/_____
Proposer to Complete:I,......................................... a financial Member of 8RARA, hereby nominate: ..........................................
(insert Proposer name) (insert Nominee name)
For the position of:.................................
(insert position nominated) Proposers Signature................................. Date: / /
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THE 8th BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED
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Assoc Incorporations Act QLD
https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1981-074
Current Constitution 8RAR Association INC.
THIS VERSION OF THE RULES REGISTERED ON 10 OCTOBER 2016 BY THE QUEENSLAND OFFICE OF FAIR TRADING THE RULES OF THE 8TH BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED
NAME
1. The name of the incorporated association (in these rules called "the Association") is THE 8TH BATTALION ROYAL AUSTRALIAN REGIMENT ASSOCIATION INCORPORATED.
OBJECTS:
2. The objects for which the Association is established are:
(a) To unite all former members of the 8th Battalion, The Royal Australian Regiment.
(b) To continue the commemoration of the Long Hai Day Memorial Service on the 28th day of February in each year, following the format of the inaugural service held at Nui Dat, South Vietnam in April 1970.
(c) To commemorate the Battalion's birthday on the 8th day of August in each year.
(d) To provide welfare, financial and moral support, as may be required, to members and persons eligible in accordance with Rule 5, to be members of the Association and their immediate family.
(e) To maintain contact with - (i) The 8th/9th Battalion, the Royal Australian Regiment. (ii) The 2nd/8th Australian Infantry Battalion Association. (iii) The Return Services League of Australia. (iv) The Royal Australian Regiment Association. (v) Any other organisation or Association having similar aims and objectives as the Association, at the discretion of the management committee.
(f) To organise reunions and other social activities as may be required from time to time on behalf of the members of the Association.
POWERS
3. The powers of the Association are:
(a) To take over the funds and other assets and the liabilities of the present unincorporated Association known as "8th Battalion, Royal Australian Regiment Association."
(b) To take such steps by personal or written appeal, public meetings or otherwise as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Association, by donation, annual subscriptions and otherwise.
(c) To invest and deal with the income and property of the Association.
(d) To subscribe to, become a member of and co-operate with any other Association, Club or Organisation whether incorporated or not having similar objectives to the Association but the Association shall not subscribe to or support with its funds any Club, Association or Organisation which does not prohibit the distribution of its income and property among its members.
(e) To print and publish any newspapers, periodicals, books, newsletters, pamphlets and other literature that the Association may think desirable for the promotion of its objects.
(f) To take any gift of property whether subject to any special trust or not, for anyone or more of the objects of the Association but in case the Association shall take any property which may be the subject of any Trust, the Association shall only deal with the same in such manner as is allowed by law having regard to such Trust.
(g) To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and to secure any moneys borrowed by whatever means the Association thinks fit.
(h) To do all such other things as are incidental or conducive to the attainment or furtherance of the objects and the exercise of the powers of the Association.
ORGANISATION
4A. (a) The management committee of the Association shall consist of a President, Vice President, Treasurer and such number of other members as the members of the Association at any general meeting may from time to time elect or appoint. A member of the management committee, other than the secretary, must be an ordinary member of the Association. The management committee shall have the general control and management of the administration of the affairs, property and funds of the Association and is empowered to interpret the meaning of these Rules and any matter relating to the Association on which these Rules are silent. The management committee may exercise all of the powers of the Association described in Rule 3.
(b) To maintain the National aims of the Association, State branches may be formed and, as necessary, branches may be raised in major provincial areas. The raising of each branch is to be authorised by the management committee.
(c) The operation of all branches is to be governed by the requirements of this set of rules. The committee of each branch may contribute matters for consideration by the management committee and will be consulted by the committee in all matters affecting the Association Nationally.
(d) Sub-committees may be appointed from time to time at either National or State branch level to deal with particular projects. SECRETARY
4B (a) The Secretary must be an individual residing in Queensland, or in another State but not more than 65km from the Queensland border, who is:
(i) a member of the Association elected by the Association as Secretary; or
(ii) any of the following persons appointed by the management Committee - ï‚· a member of the Association's management committee; ï‚· a member of the Association; ï‚· another person.
(b) If a vacancy happens in the office of secretary, the members of the management committee must ensure a secretary is appointed or elected for the Association within one (1) month after the vacancy happens.
(c) The management committee may appoint and remove the Association's secretary at any time.
CLASSES OF MEMBERSHIP
5. (a) Any person wishing to join the Association may make application to become a member and upon payment of the subscription and acceptance by the Association shall become a member and be bound by these Rules and pledge to support the Association.
(b) The membership of the Association shall consist of the following classes of members: ( i) Ordinary (ii) Association supporters
(c) There will be an unlimited number of ordinary members. Ordinary membership is open to the following persons:
(i) Any person who served on the posted strength of 8RAR in the period from 8 August 1966 to 30 October 1973. (ii) Any person from any unit or corps or foreign army attached to 8RAR for a period of one day or more. (iii) Any immediate family member of a person eligible for membership in accordance with sub-rule 5(c)(i).
(d) There will be an unlimited number of Association supporters. An Association supporter shall be a person not entitled to ordinary membership who, by payment of the relevant fees set by the management committee, indicates their support for the Association without partaking of all rights granted to members by these Rules.
(e) Only ordinary members shall be entitled to seek or to hold elected office within the Association. Association supporters shall not have any voting rights within the Association.
(f) Every person who at the date of incorporation of the Association was a member of the unincorporated Association and who prior to the date of incorporation agrees in writing to become a member of the Association, shall be admitted by the management committee to the same class of membership of the Association as that member held in the unincorporated Association.
(g) The application for membership shall be made in writing, signed by the Applicant and shall be in such form as prescribed from time to time by the management committee. (h) No person unless a member of the Association shall be supplied with or have access to the names of members without the authority of the Secretary.
ADMISSION AND REJECTION OF MEMBERS
6. (a) At the next meeting of the management committee after receipt of any application and the fee applicable for any class of membership, such application shall be considered by the management committee, who shall thereupon decide upon the admission or rejection of the applicant.
(b) Any applicant who receives a majority of the votes of the members of the Management Committee present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for.
(c) Upon the admission or rejection of the application for membership, the Secretary shall forthwith give the applicant notice in writing.
(d) A person shall become a member on and from the date on which his name is entered or renewed by the Secretary in the official records of the Association, provided that his annual subscription shall first be paid. The management committee may at any time prior to the entry of a person's name on the official records of the Association determine that the name shall not be entered or re-entered as the case may be.
(e) There shall be no right of appeal against rejection or termination of membership of the Association.
(f) The Secretary shall keep a register of the names and residential addresses of all members of the Association.
MEMBERSHIP FEES
7. (a) The membership fees for each class of membership shall be fixed by the members at any general meeting.
(b) The membership fees shall be payable at such time as the management committee shall decide.
MANAGEMENT COMMITEE
8. (a) The management committee shall hold office from the date of their appointment until the next annual general meeting. At the annual general meeting, the management committee shall retire but shall be eligible, upon nomination, for re-election.
(b) The election of the management committee shall take place in the following manner:
(i) Any member of the Association may nominate another member to be an office bearer.
(ii) The nomination shall be in writing and signed by that member and the proposer and lodged with the Secretary at least seven (7) days before the annual general meeting at which the election is to take place.
(iii) A list of candidates’ names shall be presented at the annual general meeting.
(iv) Votes shall be cast by show of hands at the annual general meeting.
(v) If there are an insufficient number of candidates nominated, nominations may be taken at the floor of the meeting.
(c) Any member of the management committee may resign his office at any time, such resignation to be effective on the date on which the Secretary is notified in writing. Any member may be removed at a general meeting where the member can be given an opportunity to present the member's case. The question of removal shall be determined by a vote of the members who are present at that general meeting. There shall be no right of appeal from any such decision of the members.
(d)The management committee may appoint any member to fill a casual vacancy on the management committee. Such appointment shall remain in place until the next annual general meeting.
MEETINGS OF MANAGEMENT COMMITTEE
9. (a) The management committee and each State branch committee shall meet at least once in every two calendar months to ensure the objects of the Association are attained.
(b) The management committee shall meet more frequently if, on requisition in writing by not less than one third of the members of the management committee setting out the reasons for such meeting, the Secretary convenes it.
(c) A quorum of the management committee shall consist of more than fifty percent (50%) of the members elected or appointed to the committee and shall include either the President or the Vice President. If within half an hour from the time appointed for the commencement of the management committee meeting, a quorum is not present, the meeting shall be cancelled.
(d) An agenda for meetings of the management committee shall be prepared by the Secretary and provided to each committee member not less than seven (7) days before the date of the meeting.
(e) At meetings of the management committee, the President shall preside as Chairperson, or in his absence, the Vice-President.
ANNUAL GENERAL MEETINGS AND GENERAL MEETINGS
10. (a) The first general meeting shall be held at such time, not being less than one month nor more than three months after the incorporation of the Association, and at such place as the management committee may determine.
(b) (i) The annual general meeting shall be held within three (3) months of the close of the financial
year and preferably, although subject to the foregoing, in conjunction with the Long Hai Day commemoration. The exact date/time will be advised each year by the management committee.
(ii) The business to be transacted at every annual general meeting shall be -
(1) The receiving of the management committee's report and the Statement of Income and Expenditure, Assets and Liabilities and Mortgages, Charges and Securities affecting the property of the Association for the preceding financial year.
(2) The receiving of the auditor's report upon the books and accounts for the preceding financial year.
(3) The election of members of the management committee.
(4) The appointment of an auditor.
(c) General meetings (other than the annual general meeting) shall be convened by the Secretary –
(i) When directed to do so by the Management Committee; or
(ii) On the requisition in writing signed by not less than one third of the members presently on the management committee or not less than twice the number of ordinary members than the number of members on the management committee, plus one. (d) A requisition mentioned in Clause 10(c)(ii) shall clearly state the reasons why such general meeting is being convened and the nature of the business to be dealt with.
(e) A quorum for any general meeting shall be the number of members on the management committee plus one. No business can be transacted at any general meeting unless a quorum of members is present. The general meeting shall be adjourned if the quorum is not present within thirty (30) minutes after the time on which the meeting was to commence.
(f) The Secretary shall convene a general meeting by giving not less than seven (7) days notice to members in such manner as the management committee shall determine. The notice shall clearly set out the agenda for the meeting.
(g) The President shall be the Chairperson of any general meeting or in his absence, the VicePresident. Every question, matter or resolution shall be decided by a majority of votes of the members present, who shall each be entitled to cast one vote. However no member shall be entitled to vote if his annual subscription has not been paid by the date of the general meeting.
(h) Voting shall be by a show of hands or, by written proxy signed by an absent member. The proxy must be in favour of a member of the Association.
MINUTES OF MEETINGS
11. (a) The Secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every management committee meeting and general meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously applies to the Secretary for that inspection.
(b) For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every management committee meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding management committee meeting verifying their accuracy.
(c) Similarly, the minutes of every general meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding general meeting.
CHANGES TO RULES
12. (a) Subject to the provisions of the Association's Incorporation Act 1981, these rules may be amended, rescinded or added from time to time by a special resolution carried at any general meeting. A special resolution is one which requires a three quarters majority of members who are in attendance at the general meeting, and who have a right to vote.
(b) However, no such amendment, rescission or addition shall be valid unless the same has been previously submitted to and approved by the Chief Executive of the Department administering the Act.
COMMON SEAL
13. (a) The management committee shall provide for a Common Seal and for its safe custody.
(b) The Common Seal shall only be used if it is authorised by the management committee and every document to which the Seal is fixed shall be signed by a member of the management committee and shall be countersigned by the Secretary or by a second member of the management committee.
FUNDS AND ACCOUNTS 14.
(a) The funds of the Association shall be kept in the name of the Association in a Bank decided by the management committee.
(b) Proper books of account shall be kept and maintained by the Treasurer.
(c) All expenditure shall be approved or ratified by the management committee.
(d) Cheques shall be drawn by the Treasurer and signed by any two of the Treasurer, Secretary, President and Vice-President.
(e) If deemed expedient to do so, payments may be performed electronically by the Treasurer. Any such payments are to be authorised by one other person who is authorised to countersign cheques.
(f) As soon as possible after the end of each financial year, the Treasurer shall prepare a statement containing particulars of- (i) The income and expenditure for the financial year just ended.
(ii) The assets and liabilities and of all mortgages, charges and securities affecting the property of the Association at the close of that year. The closing date of the financial year is 31 December in each year.
(g) The Treasurer's statement shall be examined by an Auditor who shall present a report upon such audit to the Secretary prior to the holding of the next annual general meeting.
CUSTODY OF BOOKS AND DOCUMENTS
15. The management committee shall provide for the safe custody of books, documents, title deeds and securities of the Association.
PROPERTY OF THE ASSOCIATION
16. The income and property of the Association whencesoever’s derived shall be used and derived solely in promotion of its objects and in the exercise of its powers.
DISTRIBUTION OF SURPLUS MONEYS
17.(a) This clause 17 applies if the Association –
(i) is wound-up under part 10 of the Act; and
(ii) it has surplus assets in accordance with the meaning given by section 92 (3) of the Act.
(b) The surplus assets must not be distributed among the Association members. (c) The surplus assets must be given to another entity - (i) having objects similar to the Association's objects; and (ii) the rules of which prohibit the distribution of the entity's income and assets to its members.