CONSUMER AFFAIRS VICTORIA

 

 

 

 

 

 

 

 

 

ASSOCIATIONS INCORPORATION REFORM ACT 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

RULES

 

 

 

 

of the

 

 

 

 

ASSOCIATION SECULAR PARTY OF AUSTRALIA

 

RULES OF THE ASSOCIATION SECULAR PARTY OF AUSTRALIA

 

  1. Name

The name of the incorporated association is Secular Party of Australia Incorporated (in these Rules called “the Association”).

 

2. Purposes

  • To act as the governing body of the political party, the Secular Party of Australia.
  • To bring about a true separation of church and state in Austral
  • To seek to promote secularism worldw
  • To stand for human rights and social justice, affirming the dignity of each human being.
  • To support the maximisation of individual liberty and opportunity consistent with social and environmental responsibility.
  • To defend freedom of expression everywher
  • To espouse policies which support a rational approach to human problem
  • To promote the fullest use of science for human welfa
  • To eliminate privileges granted to people solely on the basis that they are members of religious bodi
  • To promote the use of reason and evidence as a means of overcoming ignorance and

superstition.

  • To promote the election to parliaments and other institutions and authorities of Secular Party- endorsed candida

 

3. Definitions

In these Rules, unless the contrary intention appears—

absolute majority, of the Committee, means a majority of the committee members currently holding office and entitled to vote at the time (as distinct from a majority of committee members present at a committee meeting);

associate member means a member referred to in rule 7;

Committee means the committee of management of the Association, which is the National Executive of the Party;

financial year means the year ending on 30 June;

general meeting means a general meeting of members convened in accordance with rules 21 or 22;

member means a member of the Association;

ordinary member of the Committee means a member of the Committee who is not an officer of the Association under rule 33;

Regulations means regulations under the Act;

relevant documents has the same meaning as in the Act;

the Act means the Associations Incorporation Reform Act 2012.

4. Alteration of the rules

These Rules may be altered only by special resolution of a general meeting of the Association, in accordance with the Act, which is supported by a three-quarters majority of those members entitled to vote under these Rules.

 

  1. Membership, entry fees and subscription
  • A person is eligible for membership or associate membership of the Association if he/she supports the purposes of the Association, and satisfies the requirements of the Australian Electoral Commission. Such a person who applies for and is approved for membership as provided in these Rules is eligible to be a member or associate member of the Association on payment of the entrance fee (if any) and annual subscription (if any) payable under these Ru
  • A person who is not a member of the Association at the time of the incorporation of the Association (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless—
    1. he or she applies for membership in accordance with subrule (3); and
    2. the admission as a member is approved by the Comm
  • An application of a person for membership of the Association must—
    1. be made in writing in the form set out in Appendix 1(for full membership) or Appendix 2 (for associate membership); and
    2. be lodged with the Secretary of the Associat
  • As soon as practicable after the receipt of an application, the Secretary must refer the application to the Committ
  • The Committee must determine whether to approve or reject the applica
  • If the Committee approves an application for membership, the Secretary must, as soon as practicable—
    1. notify the applicant in writing of the approval for membership; and
    2. request payment within 28 days after receipt of the notification of the sum payable under these Rules as the entrance fee and the first year’s annual subscripti
  • The Secretary must, within 28 days after receipt of the amounts referred to in subrule (6), enter the applicant’s name in the register of member
  • An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of member
  • If the Committee rejects an application, the Committee must, as soon as practicable, notify the applicant in writing that the application has been reject
  • A right, privilege, or obligation of a person by reason of membership of the Association—
    1. is not capable of being transferred or transmitted to another person; and
    2. terminates upon the cessation of membership whether by death or resignation or otherwis
  • The entrance fee is the relevant amount as determined by the Committee, as set out in Appendix
  • At each annual general meeting, the Association may determine—
    1. the amount of the annual subscription (if any) for the following financial year; and
    2. the date for payment of the annual subscriptio
  • The Association may determine that a lower annual subscription is payable by associate member
  • The Association may determine that any new member who joins after the start of a financial year must, for that financial year, pay a fee equal to—
    1. the full annual subscription; or
    2. a pro rata annual subscription based on the remaining part of the financial year; or
    3. a fixed amount determined from time to time by the Associat
  • The rights of a member (including the right to vote) who has not paid the annual subscription by the due date are suspended until the subscription is pai

 

6. General rights of members

  • A member of the Association who is entitled to vote has the right—
    1. to receive notice of general meetings and of proposed special resolutions in the manner and time prescribed by these Rules; and
    2. to submit items of business for consideration at a general meeting; and
    3. to attend physically and be heard at general meetings as provided for by these Rules; and
    4. to vote at a general meeting as provided for by these Rules; and
    5. to have access to the minutes of general meetings and other documents of the Association as provided for by these Rules; and
    6. to inspect the register of members as provided for by these Ru
  • A member is entitled to vote if—
    1. the member is a member other than an associate member; and
    2. more than 10 business days have passed since he or she became a member of the Association; and
    3. the member’s membership rights are not suspended for any reason.
  • A member of the Association is obliged—
    1. to comply with these Rules; and
    2. to support the purposes of the Association first and foremost in the context of the Association; and
    3. not to work in opposition to the Association or to the Secular Party of Australia.
  • The rights of a member are not transferable and end when membership cea

 

7. Associate members

  • Associate members of the Association include—
    1. any members under the age of 18 years; and
    2. any members who have been appointed by the Committee.
  • An associate member must not vote but may have other rights as determined by the Comm

 

8. Register of members

  • The Secretary must keep and maintain a register of members containing at least—
    1. the name and address of each member; and
    2. the date on which each member’s name was entered in the register; and
    3. the expiry date of the person’s membershi
  • A member may be provided with a copy of the register on request to the secretary, but such register shall not be distributed by the person who sought the information, and may be used only for a purpose demonstrably to the benefit of the Association and in support of the aims and objectives and with regard to privacy conce

 

9. Ceasing membership

  • A member may resign by notice in writing given to the Secretary.
  • A member is taken to have resigned if—
    1. The member no longer satisfies the requirements for membership as in Rule 5(1); or
    2. The member’s annual subscription is more than 12 months in arrears; or
    3. Where no annual subscription is payable—
      1. The Secretary has made a written request to the member to confirm that he or she wishes to remain a member and still supports the purposes of the Association and is

still eligible for membership under rule 5(1); and

  1. The member has not, within 2 months after receiving that request, confirmed in writing that he or she wishes to remain a member and still supports the purposes of the Association and is still eligible for membership under rule 5(1).
  • After the notice referred to in subrule (1) or conditions triggered by subrule (2) —

the member ceases to be a member; and the Secretary must record in the register of members the date on which the member ceased to be a member.

  • In the case of a membership that applies for a fixed term, membership ceases at the expiration of that term, and this is recorded as per subrule (3).

 

10. Grounds for taking disciplinary action

The Association may take disciplinary action against a member in accordance with these Rules if it is determined that the member—

  1. has failed to comply with these Rules; or
  2. refuses to support the purposes of the Association; or
  3. has engaged in conduct prejudicial to the Associat

 

  1. Disciplinary subcommittee
  • If the Committee is satisfied that there are sufficient grounds for taking disciplinary action against a member, the Committee must appoint a disciplinary subcommittee to hear the matter and determine what action, if any, to take against the member.
  • The members of the disciplinary subcommittee—
    1. may be committee members, members of the Association or anyone else; but
    2. must not be biased against, or in favour of, the member concerned.

 

12. Notice to member

  • Before disciplinary action is taken against a member, the Secretary must give written notice to the member—
    1. stating that the Association proposes to take disciplinary action against the member; and
    2. stating the grounds for the proposed disciplinary action; and
    3. specifying the date, place and time of the meeting at which the disciplinary subcommittee intends to consider the disciplinary action (the disciplinary meeting); and
    4. advising the member that he or she may do one or both of the following—
      1. attend the disciplinary meeting and address the disciplinary subcommittee at that meeting;
      2. give a written statement to the disciplinary subcommittee at any time before the disciplinary meeting; and
    5. setting out the member’s appeal rights under rule 14.
  • The notice must be given no earlier than 28 days, and no later than 14 days, before the disciplinary meeting is held.

 

13. Decision of subcommittee

  • At the disciplinary meeting, the disciplinary subcommittee must—
    1. give the member an opportunity to be heard; and
    2. consider any written statement submitted by the member.
  • After complying with subrule (1), the disciplinary subcommittee may—
    1. take no further action against the member; or
    2. subject to subrule (3)—
      1. reprimand the member; or
      2. suspend the membership rights of the member for a specified period; or
  • expel the member from the Associat
  • The disciplinary subcommittee may not fine the member.
  • The suspension of membership rights or the expulsion of a member by the disciplinary subcommittee under this rule takes effect immediately after the vote is pas

 

14. Appeal rights

  • A person whose membership rights have been suspended or who has been expelled from the Association under rule 13 may give notice to the effect that he or she wishes to appeal against the suspension or expulsion.
  • The notice must be in writing and given—
    1. to the disciplinary subcommittee immediately after the vote to suspend or expel the person is taken; or
    2. to the Secretary not later than 48 hours after the v
  • If a person has given notice under subrule (2), a disciplinary appeal meeting must be convened by the Committee as soon as practicable, but in any event not later than 21 days, after the notice is receiv
  • Notice of the disciplinary appeal meeting must be given to each member of the Association who is entitled to vote as soon as practicable and must—
    1. specify the date, time and place of the meeting; and
    2. state—
      1. the name of the person against whom the disciplinary action has been taken; and
      2. the grounds for taking that action; and
  • that at the disciplinary appeal meeting the members present must vote on whether the decision to suspend or expel the person should be upheld or revok

 

15. Conduct of disciplinary appeal meeting

  • At a disciplinary appeal meeting—
    1. no business other than the question of the appeal may be conducted; and
    2. the Committee must state the grounds for suspending or expelling the member and the reasons for taking that action; and
    3. the person whose membership has been suspended or who has been expelled must be given an opportunity to be heard.
  • After complying with subrule (1), the members present and entitled to vote at the meeting must vote by secret ballot on the question of whether the decision to suspend or expel the person should be upheld or revok
  • A member may not vote by proxy at the meeting.
  • The decision is upheld if not less than three-quarters of the members voting at the meeting vote in favour of the decisi

16. Grievance procedure — Application

  • The grievance procedure set out in this Division applies to disputes under these Rules between—
    1. a member and another member;
    2. a member and the Committee;
    3. a member and the Associati
  • A member must not initiate a grievance procedure in relation to a matter that is the subject of a disciplinary procedure until the disciplinary procedure has been completed.

 

17. Grievance procedure — Parties must attempt to resolve the dispute

The parties to a dispute must attempt to resolve the dispute between themselves within 14 days of the dispute coming to the attention of each party.

 

18. Grievance procedure — Appointment of mediator

  • If the parties to a dispute are unable to resolve the dispute between themselves within the time required by rule 17, the parties must within 10 days—
    1. notify the Committee of the dispute; and
    2. agree to or request the appointment of a mediator; and
    3. attempt in good faith to settle the dispute by mediat
  • The mediator must be—
    1. a person chosen by agreement between the parties; or
    2. in the absence of agreement—
      1. if the dispute is between a member and another member—a person appointed by the Committee; or
      2. if the dispute is between a member and the Committee or the Association—a person appointed or employed by the Dispute Settlement Centre of Victor
  • A mediator appointed by the Committee may be a member or former member of the Association but in any case must not be a person who—
    1. has a personal interest in the dispute; or
    2. is biased in favour of or against any party.

 

19. Grievance procedure — Mediation process

  • The mediator to the dispute, in conducting the mediation, must—
    1. give each party every opportunity to be heard; and
    2. allow due consideration by all parties of any written statement submitted by any party; and
    3. ensure that natural justice is accorded to the parties throughout the mediation proce
  • The mediator must not determine the disput

 

20. Grievance procedure — Failure to resolve dispute by mediation

 

If the mediation process does not resolve the dispute, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.

21. Annual general meetings

  • The Committee must convene an annual general meeting of the Association to be held within five months after the end of each financial y
  • The Committee may determine the date, time and place of the annual general meeting of the Associat
  • The notice convening the annual general meeting must specify that the meeting is an annual general meeting.
  • The ordinary business of the annual general meeting shall be—
    1. to confirm the minutes of the previous annual general meeting and of any general meeting held since that meeting; and
    2. to receive from the Committee reports upon the transactions and activities of the Association during the last preceding financial year; and
    3. to elect officers of the Association and the ordinary members of the Committee; and
    4. to receive and consider the statement submitted by the Association in accordance with Part 7 of the Act; and

e)      to confirm or vary the amounts (if any) of the annual subscription and joining fee.

  • The annual general meeting may conduct any special business of which notice has been given in accordance with these R

 

22. Special general meetings

  • In addition to the annual general meeting, any other general meetings may be held in the same y
  • All general meetings other than the annual general meeting are special general meeting
  • The Committee may, whenever it thinks fit, convene a special general meeting of the Associat
  • If, but for this subrule, more than 15 months would elapse between annual general meetings, the Committee must convene a special general meeting before the expiration of that per
  • The Committee must, on the request by email messages to the Secretary or by post of members representing not less than 15 per cent of the total number of members that are entitled to vote according to these Rules, convene a special general meeting of the Associat
  • The request for a special general meeting must—
    1. be in writing; and
    2. state the business to be conducted at the meeting and any resolutions to be proposed; and
    3. include the names and signatures of the members requesting the meeting; and
    4. be sent to the address of the Secretary.
  • If the Committee does not cause a special general meeting to be held within one month after the date on which the request is sent to the address of the Secretary, the members making the request, or any of them, may convene a special general meeting to be held not later than 3 months after that da
  • If a special general meeting is convened by members in accordance with subrule (7), it must be convened in the same manner so far as possible as a meeting convened by the Committee, and all reasonable expenses incurred in convening the special general meeting must be refunded by the Association to the persons incurring the expense

 

23. Special business

All business that is conducted at a special general meeting and all business that is conducted at the annual general meeting, except for business conducted under the Rules as ordinary business of the annual general meeting, is deemed to be special business.

 

24. Notice of general meetings

  • The Secretary of the Association, at least 14 days, or if a special resolution has been proposed at least 21 days, before the date fixed for holding a general meeting of the Association, must cause to be sent to each member of the Association, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.
  • Notice may be sent—
    1. by prepaid post to the address appearing in the register of members, where the member has not supplied an electronic contact address; or
    2. by electronic transmission, which is the primary means of distribution of noti
  • No business other than that set out in the notice convening the meeting may be conducted at the meeting.
  • A member intending to bring any business before a meeting may notify in writing, or by electronic transmission, the Secretary of that business, who must include that business in the notice calling the next general meeting.

 

25. Quorum at general meetings

  • No item of business may be conducted at a general meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considering that item.
  • Five members present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the conduct of the business of a general meeting.
  • If, within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present—
    1. in the case of a meeting convened upon the request of members—the meeting must be dissolved; and
    2. in any other case—the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same pl
  • If at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 3) shall be a quorum.

 

26. Presiding at general meetings

  • The President, or in the President’s absence, the Vice-President, or in the absence of both, an office bearer of the Association, shall preside as Chairperson at each general meeting of the Associat
  • If all office bearers are absent from a general meeting, or are unable to preside, the members present must select one of their number to preside as Chairper

 

27. Adjournment of meetings

  • The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to pla
  • No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjour
  • If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with rule
  • Except as provided in subrule (3), it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.

 

28. Use of technology at general meetings

  • A member who is not physically present at a general meeting may, if feasible, participate in the meeting by the use of technology that allows that committee member and the members present at the meeting to clearly and simultaneously communicate with each othe
  • A member participating in a general meeting as permitted under subrule (1) is taken to be present at the meeting.
  • A member participating in a general meeting as permitted under subrule (1) is permitted to vote at the general meeting by means of email submitted to the Secretary of the Association, or to the Chairperson in the absence of the Secretary.

 

29. Voting at general meetings

  • Upon any question arising at a general meeting of the Association, a member who is entitled to vote as per these Rules has one vote only.
  • All votes must be given personally, or in writing, either by postal vote or electronically. A tally of postal votes and votes recorded electronically must be presented by duly appointed Returning Officers to the meeting. The electronic voting form is set out in Appendix 3, for the election of committee members at the annual general meeting, or in Appendix 4, for any other resolut
  • In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting v
  • A member is not entitled to vote at a general meeting unless all moneys due and payable by the member to the Association have been paid, other than the amount of the annual subscription payable in respect of the current financial y

 

30. Poll at general meetings

 

  • If at a meeting a poll on any question is demanded by not less than 3 members, it must be taken at that meeting in such manner as the Chairperson may direct, and the resolution of the poll shall be deemed to be a resolution of the meeting on that quest
  • A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately, and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may

Note: a poll is where votes are cast in writing.

 

31.Manner of determining whether resolution carried

If a question arising at a general meeting of the Association is determined on a show of hands—

  1. a declaration by the Chairperson that a resolution has been—
    1. carried; or
    2. carried unanimously; or
  • carried by a particular majority; or
  1. lost; and
  1. an entry to that effect in the minute book of the Association—

is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

 

32. Committee of management

  • The affairs of the Association shall be managed by the Committee of management.
  • The Committee—
    1. shall control and manage the business and affairs of the Association; and
    2. may, subject to these Rules, the Act and the Regulations, exercise all such powers and functions as may be exercised by the Association, other than those powers and functions that are required by these Rules to be exercised by general meetings of the members of the Association; and
    3. subject to these Rules, the Act and the Regulations, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Associat
  • The Committee shall consist of—
    1. the officers of the Association; and
    2. up to six ordinary members, each of whom shall be appointed by the officers of the Association in each year.
  • The Committee may—
    1. appoint and remove staff;
    2. establish and modify operational procedures;
    3. establish subcommittees consisting of members with terms of reference it considers appropriat

 

33. Office holders

  • The officers of the Association shall be—
    1. President;
    2. Vice-President;
    3. Treasurer;
    4. Secretary.
    5. Assistant Secretary
  • The provisions of rule 35, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of these officers.
  • Each officer of the Association referred to in subrule (1) shall hold office until the annual general meeting next after the date of his or her election but is eligible for re-electi
  • In the event of a casual vacancy in any office referred to in subrule (1), the Committee may appoint one of its members, as elected in the previous annual general meeting, to the vacant office, and the member appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.
  • The Committee may continue to act despite any vacancy in its membershi

 

34. Ordinary members of the Committee

 

  • Subject to these Rules, each ordinary member of the Committee shall hold office until the annual general meeting next after the date of election, but is eligible for re-elect

 

  • In the event of a casual vacancy occurring in the office of an ordinary member of the Committee, the Committee may appoint a non-associate member of the Association to fill the vacancy, and the member appointed shall hold office, subject to these Rules, until the conclusion of the annual general meeting next following the date of the appointment.

 

35. Election of officers

  • The close of nominations for positions on the Committee of the Association shall be 14 days before the date fixed for the holding of the annual general meeting.
  • Nominations of candidates for election to the Committee of the Association must be made in writing, or sent electronically, by at least two members of the Association who are entitled by these Rules to vote, and delivered to the Secretary of the Association by the close of nomination
  • The Secretary of the Association must notify the candidate within 24 hours of receiving nomination
  • A candidate’s acceptance of nominations must be made in writing or sent electronically, and delivered to the Secretary of the Association by the close of nominat
  • A candidate may be nominated for only one office, prior to the annual general meeting.
  • If, for any position, the Secretary receives at least two nominations and the candidate’s acceptance for only one member by the close of nominations, no further nominations for that position shall be accepted, and the person nominated shall be deemed to be elected at the following annual general meeting.
  • If, for any position, the Secretary receives at least two nominations and the candidate’s acceptance for more than one member by the close of nominations, an electronic ballot shall be held following the close of nominations.
  • The electronic ballot, if required, shall be held in accordance with rule 29.
  • A candidate may be nominated as an ordinary committee member only if they have been a member with full voting rights for more than 12 months, and may be nominated as an office bearer only if they have been a member with full voting rights for more than two y
  • A candidate may be nominated for a position on the Committee only if he/she is on the Australian electoral roll.

 

36. General Duties

  • Committee members must exercise their powers and discharge their duties with reasonable care and diligence.
  • Committee members must exercise their powers and discharge their duties—
  1. in good faith in the best interests of the Association; and
  2. for a proper purpose.

 

37. Vacancies

  • The office of an officer of the Association, or of an ordinary member of the Committee, becomes vacant if the officer or member—
    1. ceases to be a member of the Association; or
    2. becomes an insolvent under administration within the meaning of the Corporations Act; or
    3. resigns from office by notice in writing given to the Secretary; or
    4. fails to attend 3 consecutive committee meetings (other than special or urgent committee meetings) without leave of absence under rule 38.

 

38. Leave of absence

  • The Committee may grant a committee member leave of absence from committee meetings for a period not exceeding 3 m
  • The Committee must not grant leave of absence retrospectively unless it is satisfied that it was not feasible for the committee member to seek the leave in adv

 

39. Meetings of the Committee

  • The Committee must meet at least 3 times in each year at such place and such times and in such manner as the Committee may determ
  • Special meetings of the Committee may be convened by the President or by any 4 members of the Comm
  • These meetings may be held electronically as agreed by the Comm

 

40. Notice of committee meetings

  • Written or electronic notice of each committee meeting must be given to each member of the Committee at least 2 business days before the date of the meeting.
  • Written or electronic notice must be given to members of the Committee of any special meeting specifying the general nature of the business to be conducted, and no other business may be conducted at such a meeting.

 

41. Urgent meetings

  • In cases of urgency, a meeting can be held without notice being given in accordance with rule 40, provided that as much notice as practicable is given to each committee member by the quickest means practica
  • Any resolution made at the meeting must be passed by an absolute majority of the Comm
  • The only business that may be conducted at an urgent meeting is the business for which the meeting is convened.

 

42. Quorum for committee meetings

 

  • Any sixty per cent of members of the Committee constitute a quorum for the conduct of the business of a meeting of the Comm
  • No business may be conducted unless a quorum is present.
  • If within half an hour of the time appointed for the meeting a quorum is not present—
    1. in the case of a special meeting—the meeting lapses;
    2. in any other case—the meeting shall stand adjourned to the same place and the same time and day in the following week.
  • The Committee may act notwithstanding any vacancy on the Comm

 

43. Presiding at committee meetings

At meetings of the Committee—

  1. the President or, in the President’s absence, the Vice-President presides; or
  2. if the President and Vice-President are absent or unable to preside, the Secretary presides; or
  3. if all other office bearers are unable to preside, the Treasurer preside

 

44. Use of technology at committee meetings

  • A committee member who is not physically present at a committee meeting may participate in the meeting by the use of technology that allows that committee member and the committee members present at the meeting to clearly and simultaneously communicate with each othe
  • A committee member participating in a committee meeting as permitted under subrule (1) is

taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.

 

45. Voting at committee meetings

  • Questions arising at a meeting of the Committee, or at a meeting of any subcommittee appointed by the Committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determ
  • Each member present at a meeting of the Committee, or at a meeting of any subcommittee appointed by the Committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting v

 

46. Removal of committee member

  • The Association in a general meeting may, by resolution, remove any member of the Committee before the expiration of the member’s term of office and appoint another member in his or her place to hold office until the expiration of the term of the first-mentioned member.
  • A member who is the subject of a proposed resolution referred to in subrule (1) may make representations in writing to the Secretary or President of the Association (not exceeding a reasonable length) and may request that the representations be provided to the members of the Associat
  • The Secretary or the President may give a copy of the representations to each member of the Association or, if they are not so given, the member may require that they be read out at the meeting.

 

47. Minutes of general meetings

  • The Committee must ensure that minutes are taken and kept of each general meeting.
  • The minutes must record the business considered at the meeting, any resolution on which a vote is taken and the result of the v
  • In addition, the minutes of each annual general meeting must include—
    1. the names of the members attending the meeting; and
    2. the financial statements submitted to the members; and
    3. the certificate signed by two committee members certifying that the financial statements give a true and fair view of the financial position and performance of the Association; and
    4. any audited accounts and auditor’s report or report of a review accompanying the

financial statements that are required under the Act.

 

48. Minutes of committee meetings

  • The Committee must ensure that minutes are taken and kept of each committee meeting.
  • The minutes must record the following—
  1. the names of the members in attendance at the meeting;
  2. the business considered at the meeting;
  3. any resolution on which a vote is taken and the result of the vote;
  4. any material personal interest disclosed by member

 

49. Funds

  • The Treasurer of the Association must—
    1. collect and receive all moneys due to the Association and make all payments authorised by the Association; and
    2. keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Associat
  • All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by two members of the Comm
  • The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the Committee determ

50. Seal

  • The common seal of the Association, if any, must be kept in the custody of the Secretary.
  • The common seal, if any, must not be affixed to any instrument except by the authority of the Committee, and the affixing of the common seal must be attested by the signatures either of two members of the Committee, or of one member of the Committee and of the Secretary of the Associat

 

51. Notice to members

Except for the requirement in rule 24, any notice that is required to be given to a member, by or on behalf of the Association, under these Rules may be given by—

  1. delivering the notice to the member personally; or
  2. sending it by prepaid post addressed to the member at that member’s address shown in the register of members; or
  3. electronic transmission, which is the primary means for the delivery of noti

 

52. Winding up

In the event of the winding up or the cancellation of the incorporation of the Association, the assets of the Association must be disposed of in accordance with the provisions of the Act.

 

53. Custody and inspection of books and records

  • Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Associati
  • Members may on request inspect free of charge—
    1. a copy of the register of members;
    2. copies of the minutes of general meetings;
    3. subject to subrule (3), copies of the financial records, books, securities and any other relevant document of the Association, not including minutes of committee meeting
  • The Committee may refuse to permit a member to inspect records or copies of records of the Association that relate to confidential, personal, employment, commercial or legal matters, or where to do so may be prejudicial to the interests of the Associatio
  • Members do not have the right to inspect the minutes of committee meeting
  • The Committee must on request make copies of these Rules available to members and applicants for membership free of charg
  • Subject to subrule (3), a member may make a copy of any of the other records of the

Association referred to in this rule ,and the Association may charge a reasonable fee for provision of a copy of such a record.

  • For purposes of this rule—

relevant documents means the records and other documents, however compiled, recorded or stored, that relate to the incorporation and management of the Association, and includes the following—

  1. its membership records;
  2. its financial statements;
  3. its financial records;
  4. records and documents relating to transactions, dealings, business or property of the Associat

 

 

APPENDIX 1

THE SECULAR PARTY OF AUSTRALIA INC. APPLICATION FOR MEMBERSHIP OF THE ASSOCIATION

 

Note: This form may contain additional information as required by the Electoral Commission.

 

Applicant Details (please print clearly)

Surname                                                                      Given names

 

Residential address

 

Postcode

 

Phone no. (home)                                            Phone no. (work)                    Mobile no. ( )           (           )                                                            (    )

 

Email

 

 

 

 

I desire to become a member of The Secular Party of Australia Inc. In the event of my admission as a member, I agree to be bound by the Rules of the Association for the time being in force. I agree that this membership may apply for a fixed term (if applicable) as determined by the Committee.

 

Signature of Applicant Date

I enclose the entrance fee and annual subscription fee as specified below.

 

Fees and alternative methods of payments as set by the Committee.

 

 

SCHEDULE OF FEES

 

Fee Amount
Entrance fee
Annual subscription fee

 

APPENDIX 2

THE SECULAR PARTY OF AUSTRALIA INC. APPLICATION FOR ASSOCIATE MEMBERSHIP OF THE ASSOCIATION

 

Note: This form may contain additional information as required by the Electoral Commission.

 

Applicant Details (please print clearly)

Surname                                                                      Given names

 

Residential address

 

Postcode

 

Phone no. (home)                                            Phone no. (work)                    Mobile no. ( )           (           )                                                            (    )

 

Email

 

 

 

I desire to become an associate member of The Secular Party of Australia Inc. In the event of my admission as a member, I agree to be bound by the Rules of the Association for the time being in force. I agree that this membership may apply for a fixed term (if applicable) as determined by the Committee.

 

Signature of Applicant Date

I enclose the entrance fee and annual subscription fee as specified below.

 

Fees and alternative methods of payments as set by the Committee.

 

SCHEDULE OF FEES

 

Fee Amount
Entrance fee
Annual subscription fee

 

 

APPENDIX 3

THE SECULAR PARTY OF AUSTRALIA INC.

FORM FOR EMAIL VOTING ON ELECTION

 

This form is to be completed and returned to the following postal address, (insert name and address)

or to each of the following email addresses, as an attachment or pasted into the body of the email.

 

 

Returning officer(s) (insert name(s) and email address(es))

 

 

I,    (name) of

(address)

being a member of the Secular Party of Australia Vote on resolution 1 (Mark only one)

That the President until the next AGM be:

 

(Name of first candidate to be inserted)

 

Name of second and other candidates to be inserted as required) Vote on resolution 2 (mark only one)

That the Secretary until the next AGM be:

 

 

(and so on until each resolution is voted on).

 

 

at the general meeting of the Association to be held on (date of meeting) and at any adjournment of that meeting.

Signed

 

 

Date

 

 

APPENDIX 4

THE SECULAR PARTY OF AUSTRALIA INC. FORM FOR EMAIL VOTING ON RESOLUTION

 

This form is to be completed and returned to the following postal address, (insert name and address)

 

 

or to each of the following email addresses, as an attachment or pasted into the body of the email.

 

 

Returning officer(s) (insert name(s) and email address(es)) I,         (name)

of

(address)

 

 

being a member of The Secular Party of Australia

hereby cast my vote for the *annual/*special general meeting of the Association to be held on—

(date of meeting)

 

and at any adjournment of that meeting.

 

I vote *in favour of/*against the following resolution: [insert details of resolution]

 

 

 

Signed

 

 

Date

 

*Delete if not applicable

 

 

APPENDIX 5

 

SCHEDULE OF FEES

 

Fee Amount
Entrance fee

Annual subscription fee

 

Associate entrance fee

Associate Annual subscription fee

 

 

 

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