|5||SUSPENSION OR EXPULSION|
|8E -H||THE BALLOT|
|8J -K||VACANCIES IN EXECUTIVE COMMITTEE|
|9||PROCEEDINGS OF THE EXECUTIVE COMMITTEE|
|10||POWERS & DUTIES OF THE EXECUTIVE COMMITTEE|
|11||ACCOUNTS AND AUDIT|
|12||NON-POLITICAL AND NON-SECTARIAN ACTIVITIES|
|13||ALTERATION OF THE CONSTITUTION|
|16||AUTHORISATION OF ACCOUNTS|
|17||WINDING UP OR DISSOLUTION OF THE ASSOCIATION|
The name of the Association is the 3rd CAVALRY REGIMENT (VIETNAM) ASSOCIATION.2. OBJECTS:
The objects of the Association are set out hereunder.
(a) To encourage amongst members a spirit of national loyalty and to perpetuate a sense of comradeship within the community such as was obtained in the Australian Armed Forces during the Vietnam Campaign.
(b) To participate as a representative body of the Vietnam Campaign in remembrance services and other such memorial services that may be held.
(c) To unite members of the Association for their mutual benefit.
(d) To encourage the physical, social, intellectual and general advancement of the members of the Association and their dependants.
(e) To do all such other lawful things as may promote the objects of the Association.
(f) To ensure that those that fell in Vietnam are remembered and that the Campaign does not fall into obscurity.
(a) Any person who served in Vietnam during the 1965 to 1972 Vietnam Campaign as a posted member of 1 Troop, A Squadron 4th/19th Prince of Wales's Light Horse, 1 APC Troop, 1 APC Squadron, A Squadron 3rd Cavalry Regiment, B Squadron 3rd Cavalry Regiment, (hereafter referred to as The Regiment) or was officially attached to these units shall be eligible for membership, irrespective of the duration of service.
(b) The wife, husband, partner, children or next of kin of any person that can be a full member vide paragraph 3, sub paragraph (a), are eligible to become Associate Members of the Association, and will be governed by the rules of the associate membership.
(c) Application for membership shall be made in writing signed by the applicant and shall be signed by the member who is nominating the applicant and by the member who is seconding the application and shall contain a declaration that the applicant, if admitted as a member, agrees to be bound by the constitution and rules of the Association and shall be in such form and contain such particulars as the Committee from time to time prescribes.
(d) The application for membership shall be submitted to the Executive Committee for perusal and subsequent approval by a majority vote of the Executive Committee. The Secretary shall keep a record of the names of the members of the Executive Committee present and voting at such Meetings and names of the candidate elected.
(e) Membership of approved applicants shall become effective on payment of the Annual subscription. Upon payment the Secretary shall enroll such member in the register of members of the Association.
(f) The rights and privilege, of every member shall be personal to himself, and shall not be transferable by his own act or by operation of the law and no member shall be entitled to exercise the rights and privileges of a member unless all money due by him to the Association has been paid.
(g) Any member may withdraw from the Association by giving notice of his resignation to the Secretary and upon acceptance of his resignation by the Committee shall cease to be a member.
(h) A person shall cease to be a member if he fails to pay his subscription in accordance with this constitution. Consequently he shall forfeit all right to and claim upon property and funds to which as a member, he may have been entitled.
(i) Any person who shall cease to be a member of the Association shall nevertheless remain liable, for and shall pay to the Association all money, which at the time of ceasing to be a member may be due by him to the Association.
(j) A register of members of the Association shall be kept by the Secretary and shall be available for inspection by any member. The register shall state the names in full and addresses of all members of the Association and the date of the payment by each member of his subscription
4. LIFE MEMBERSHIP:
A life member shall be an Association member who in the opinion of the Executive Committee has rendered special or noteworthy service to the Association. A member who is elected a life member at an Annual General Meeting of the Association by a majority of three fourths of those persons present and voting thereat, provided that not more than two life members are elected each year. A life member shall be exempt from payment of subscriptions and shall be entitled to all the rights, duties and privileges of a financial member.
5. SUSPENSION OR EXPULSION:
A member may be expelled from membership of the Association by the Executive Committee, if in the opinion of the Executive Committee, after affording such member an opportunity of offering the Executive Committee an explanation of his conduct, either verbally or in writing as the Executive Committee may decide, the conduct of the member is such as to be detrimental to the best interests of the organisation.
Any person who has been expelled or who has resigned from membership of the Association shall be readmitted as a member only in accordance with the provisions of the rules for the election of members.
(a) The amount of Annual subscriptions shall be such as shall from time to time be prescribed by the Executive Committee. The Executive Committee may remove from the register of members any member whose subscription is unpaid at the expiration of twelve months from the date upon which it became due.
(b) Members who are in receipt of a Department of Veterans Affairs Totally Permanently Incapacitated (TPI) Pension shall be exempt from paying an Annual subscription.
7. GENERAL MEETING:
(a) A General Meeting shall he held once every month at such time, and place as any he determined by the Executive Committee, otherwise the Executive 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 Executive Committee summon a Meeting of the Executive Committee.
(b) An Annual General Meeting must be held on the 25th of April (ANZAC DAY) each year and no more than twelve months after the preceding Annual General Meeting. At least seven days notice of such Meeting, stating the nature of the business shall be given by notice sent by post to members, by public notice inserted in local newspapers or the notice inserted in the March copy of the newsletter �SITREP�.
(c) The quorum for a General Meeting (unless rule 9 (d) applies) shall be not less than fifteen financial members or ten percent of the financial membership (whichever shall be the less) and no business shall be transacted at any General Meeting unless a quorum of members is present when the Meeting proceeds to business. No member shall be entitled to be present or vote at any Meeting of the Association or to be elected to any office unless he is currently a financial member at the time of such Meeting.
(d) The President shall be entitled to take the chair at every General Meeting. If the President is not present within fifteen minutes after the time appointed for holding the Meeting or is unwilling to act then a member of the Executive Committee shall act as Chairman. If no member of the Executive Committee is present within fifteen minutes after the time appointed for holding the Meeting or if no member of the Executive Committee is willing to act then an ordinary member as the Meeting shall determine shall act as Chairman.
(e) If within thirty minutes from the time appointed for a General Meeting a quorum is not present then the Meeting shall stand adjourned until the next General Meeting. If at the adjourned General Meeting a quorum is not present within thirty minutes of the time appointed the members present shall be a quorum.
(f) The Chairman may with the consent of 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.
(g) Every question or motion submitted to a General Meeting shall be decided in the first instance on voices or if the Meeting determines by show of hands and in the case of equality of voices the Chairman shall both on show of hands and on a poll have a second and casting vote.
(h) At any General Meeting unless a poll is determined by the Chairman or by at least five members present and entitled to vote at the Meeting a declaration by the Chairman that a resolution has been carried or carried by a particular majority or lost or not carried by a particular majority and an entry to that effect in the minute book of proceedings of the Association shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favor of or against such resolution.
(i) If a poll is duly demanded it shall be taken in such manner and at such time and place as the Chairman of the Meeting directs and either at once or after an interval or adjournment and the result of the poll shall be deemed to he the resolution of the Meeting at which the poll was demanded. The demand for a poll may be withdrawn at the Meeting at which the demand was made a poll may be taken by voting papers.
(j) A poll demanded on the election of a Chairman or on the question of adjournment shall be taken forthwith.
(k) The demand for a poll shall not prevent the continuance of a Meeting for the transaction of any business other than the question on which a poll has been demanded.
(a) The business and affairs of the Association and the custody and control of its funds shall be managed by an Executive Committee of eight members consisting of; President, Secretary, Treasurer, & 5 ordinary members all of whom shall be elected pursuant to these rules.
(b) The Executive Committee of the Association shall be elected at the Annual General Meeting and shall remain it force until the next Annual General Meeting.
(c) The General body of members shall elect the Executive Committee at an Annual General Meeting from persons nominated as follows.
1. All nominations for offices of members of the Executive Committee shall be in writing, signed by a proposer and the nominee and shall state the office, or offices for which the nominee is nominated.
2. Nominations shall close at the General Meeting prior to the Annual General Meeting with all nominations being in the hands of the Secretary at the commencement of the Meeting.
3. The Presidents term of office is for 1 year only. A person who has held that office shall not be nominated for or elected to the position of President again.
4. Nominations for positions on the Committee shall be published in the March newsletter �SITREP� prior to the Annual General Meeting held on the 25th of April for consideration by the Members.
(d) If the number of candidates nominated is less than the number required to be elected the candidates nominated shall be declared elected at the Annual General Meeting and the members present may propose and second orally candidates (who shall personally consent to nomination) to fill any vacancies.
(e) If the number of candidates nominated for one or more of the offices on the Committee exceeds the number required to be elected voting shall take place by ballot and for that purpose the members shall appoint two returning officers at the General Meeting prior or during the Annual General Meeting.
(f) In the event of equality of votes being recorded for two or more candidates the returning officers shall place in a hat the names of the candidates having an equality of votes and shall draw from the hat the names of the necessary number of persons to fill the vacancy and such persons shall be declared elected.
(g) The returning officers shall report the result of the ballot to the Chairman of the Annual General Meeting who shall declare the same at the Meeting.
(h) An election by ballot for members of the Executive Committee shall otherwise be conducted in such a manner as may be determined by the Executive Committee.
(i) Retiring members of the Executive Committee (except the retiring President) shall be eligible for re-election.
(j) The Executive Committee may fill any casual vacancy occurring among Committeemen. Any person so chosen shall retain office until the next Annual General Meeting of the Association.
(k) The continuing Committeepersons may act notwithstanding any vacancy in their body but if and so long as their number is reduced below a majority of the original elected members the continuing Committeepersons may act for the purpose of increasing the number of Committeepersons or summoning a General Meeting of the Association but for no other purpose.
(l) The offices of Committeeperson shall be vacated if the Committeeperson:
1. Resigns their office by notice in writing to the Executive Committee.
2. Fails without leave of absence to attend Meetings of the Executive Committee for a period of three calendar months and the Executive Committee resolves that their Office be vacated.
3. Ceases to be a member of the Association. (Death)
4. In the opinion of the Executive Committee, has been guilty of conduct unbecoming a member of the Association or detrimental to the reputation and interest of the Association.
9. PROCEEDINGS OF THE EXECUTIVE COMMITTEE:
(b) The Executive Committee shall meet once in each calendar month for the transaction of business and a record of all members of the Committee present and of all voting and minutes of all resolutions and proceedings of the Committee shall be entered in a minute book.
(c) The President shall preside at every Meeting of the Executive Committee or if at any Meeting he is present.
(d) Members present may elect a member of the Executive Committee as Chairman if the President is not present or is unwilling to act as Chairman.
(e) The quorum for Meetings of the Executive Committee shall consist of a majority of the elected members personally present.
(f) The Secretary shall call a Special Meeting of the Executive Committee at the request in writing of the President or at the request in writing four members of the Executive Committee and shall be hold within a period of one month from the date of receipt of their request. The request shall state the reason for calling a Special Meeting of the Executive Committee.
(g) Questions arising at any Meeting of the Executive Committee shall be decided by a majority of votes and in the case of an equality of votes the Chairman shall have a second or casting vote.
(h) The Executive Committee may delegate any of its powers to a sub-Committee consisting of members of the Association as it thinks fit. The President shall be an ex-officio member of all such sub-Committees. Any sub-Committee so formed shall in the exercise of its powers so delegate and conform to any regulations that may from time to time be imposed on it by the Executive Committee.
(i) The Meetings and proceedings of any such sub-Committee consisting of two or more members shall be governed by the provisions herein contained for regulating the Meetings and proceedings of the Executive Committee so far as the same are applicable thereto and are not superseded by any regulations made by the Executive Committee.
(j) All acts done by any inciting of the Executive Committee or by any sub-Committee or by any person acting as a sub-Committee not withstanding that it shall afterwards be discovered that there was some defect in the appointment of such a Executive Committee or sub-Committee or person acting as aforesaid or that they or any of their were disqualified shall upon ratification by the Executive Committee be as valid as if every such person had been duly appointed and was qualified to he a member of the Executive Committee or sub-Committee.
10. POWER AND DUTIES OF THE EXECUTIVE COMMITTEE:
The business and affairs of the Association and all its funds, property, assets and rights shall be managed by the Executive Committee who may exercise all such powers of the Association as are not by those rules required to be exercised by the Association in General Meeting subject nevertheless to these rules. The Executive Committee may from time to time make by-laws for the conduct of the business and affairs of the Association.
11. ACCOUNTS AND AUDIT:
(a) The financial year of the Association shall commence on the first day of April in each year and shall end on the thirty first day of March in the following year.
(b) The Executive Committee shall cause accounts and books to be kept showing the true financial affairs of the Association.
(c) The accounts shall be kept by the Treasurer (or in the case of a registered office being established at that place) or at such other place as the Executive Committee shall think fit and shall at all times be open for inspection by any Committeeperson elected auditors and members of the Association in the circumstances as directed and authorised by the Executive Committee.
(d) The Executive Committee may from time to time direct whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the Association or any of them shall be open to the inspection by the members.
(e) Subject to Rule 11 (g) hereunder a panel of auditors of at least one person but no more than three. Persons shall he elected at the Annual General Meeting for the ensuing year from the members of the Association. No member of the Executive Committee shall he eligible for nomination.
(f) Nominations for the panel of auditors shall be called for at the Annual General Meeting. All nominations shall be proposed orally.
(g) In the alternative to the provisions contained in rule 11 (e) a qualified auditor shall be appointed.
(h) The panel of auditors or qualified auditor shall examine all accounts, vouchers, receipts, and books of account and furnish to the members at the Annual General Meeting a report, duly signed by the panel of auditors or auditor and the Treasurer.
(i) A copy of the Audited Financial Statement shall be sent by post to all financial members annually or inserted in the June newsletter �SITREP�.
12. NON-POLITICAL AND NON-SECTARIAN ACTIVITIES:
(a) The Association shall not officially associate, attend or take part in any political or sectarian gathering or meetings. This rule shall not apply to any service or returned service parades, funerals, dedications, commemorative or memorial services, involving ceremonies or functions of like nature.
(b) No member, invited guest or any other person shall introduce any political or sectarian question at a electing of the Association which, In the opinion of the Chairman is calculated to excite party political or sectarian feelings. Each member shall at all Meetings he is entitled to attend be entitled to one vote only except as otherwise provided for in these rules.
13. ALTERATION OF THE CONSTITUTION:
This constitution may he amended by resolution passed by a majority of the members present at any General Meeting at which notices specifying an intention to propose such resolution has been duly given. Provided that the Corporate Affairs Commission of New South Wales shall be notified of the amendment and such amendment shall not be effective unless the Corporate Affairs Commission of New South Wales indicated approval to such amendment being made.
14. ASSOCIATE MEMBERSHIP:
(a) A person accepted as an Associate member vide paragraph 3 of this Constitution will be governed by the following sub paragraphs.
(b) Associate members will be bound by all laws and by-laws of this Constitution as if full members.
(c) Associate members cannot hold or be nominated for the position of President, Secretary, or Treasurer but may hold or be nominated for an Executive Committee or sub Committee position.
(d) Associate members cannot vote, propose or second motions at Meetings.
(e) An Associate member that is nominated and approved as a life member will be deemed to have the full rights of a full member providing they meet the requirements of paragraph 4 of this Constitution.
(f) Fees of Associate Membership will be determined by the Executive Committee and will be governed by paragraph 7 and 8 of this Constitution.
(a) All monies received by the Association shall be deposited intact at the earliest possible date to the credit of the Association's bank account. Receipts for monies received shall also be issued promptly.
(b) All payments in excess of $10.00 made, by the Association shall be paid by cheque signed by any two of the following; President, Secretary. Treasurer.
16. AUTHORISATION OF ACCOUNTS:
All accounts shall be presented by the Treasurer to and passed for such payment at an Executive Committee Meeting, and full details of such approvals shall he entered in the minute book.
17. WINDING UP OR DISSOLUTION OF THE ASSOCIATION:
(a) The Association shall be dissolved in the event of membership less than eleven persons or upon the vote of a three-fourths majority of members present at a special 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 organisation on hand shall after payment of all expenses and liabilities be handed over to such registered or exempted charity or charities as a simple majority of the members at a special general meeting may decide.
18. NOTICES: Notice may be given to any member either personally or by sending it by post to him at his address registered with the, Association or if he has no registered address to the place of abode of the member last known to the Executive Committee. Where a notice is sent by post service shall be deemed to have been effective at the expiration of 48 hrs after the time of posting. Notice to the Association or its Executive Committee may be given by leaving any notice personally with the Secretary or by sending the same by pre-paid registered post to the address of the Association from time to time. The accidental omission to give notice of a meeting to or the non-receipt of a notice of a meeting by a member shall not invalidate the proceedings of the meeting to which it refers.