CAMPBELLTOWN DISTRICT FAMILY HISTORY SOCIETY INC. 

Constitution as of 2nd September 2006 

Part 1 Preliminary...................................................................... 3 

    1    Definitions....................................................................... 3 

 

Part 2 Aims............................................................................... 4 

    2    Aims of the society.......................................................... 4 

 

Part 3 Membership.................................................................... 5

    3    Membership qualifications............................................... 5
    4    Nomination for membership............................................ 5
    5    Nomination for life membership....................................... 6
    6    Nomination for honorary membership............................. 6
    7    Cessation of membership................................................ 7
    8    Membership entitlements not transferable...................... 7
    9    Resignation of membership............................................. 7
   10   Register of members....................................................... 7
   11   Fees and subscriptions..................................................... 8
   12   Members Liabilities.......................................................... 8
   13   Resolution of internal disputes...........................................8
   14   Disciplining of members................................................... 9
   15   Right of appeal of disciplined member............................. 10 

 

Part 4 The committee.............................................................. 11 

   16   Powers of the committee................................................ 11
   17   Constitution and membership......................................... 12
   18   Election of members...................................................... 13
   19   Secretary...................................................................... 13
   20   Treasurer....................................................................... 14
   21   Casual vacancies.......................................................... 14
   22   Removal of member....................................................... 14
   23   Meetings and quorom..................................................... 15
   24   Delegation by committee to sub-committee...................... 16
   25   Voting and decisions...................................................... 16 

 

Part 5 General meeting........................................................... 17 

   26   Annual general meetings – holding of............................ 17
   27   Annual general meetings – calling of and business at... 17
   28   Special general meetings – calling of............................ 18
   29   Notice.......................................................................... 18
   30   Procedure.................................................................... 19
   31   Presiding member......................................................... 19
   32   Adjournment................................................................. 19
   33   Making of decisions...................................................... 20
   34   Special resolution......................................................... 20
   35   Voting.......................................................................... 20
   36   Appointment of proxies................................................. 21

 

Part 6 Miscellaneous............................................................. 22 

   37   Insurance.................................................................... 22
   38   Funds – source............................................................ 22
   39   Funds – management................................................... 22
   40   Alteration of objects and rules....................................... 22
   41   Common seal.............................................................. 23
   42   Custody of books......................................................... 23
   43   Inspection of books...................................................... 23
   44   Service of notices........................................................ 23
   45   Dissolution of the society............................................ 24
   46   Destruction of society records..................................... 24
   47   Archives...................................................................... 24

 

Appendix 1   –   Application for membership of society........ 25 

Appendix 2   –   Form of appointment of proxy ................... 26

 

Part 1 Preliminary

 1     Definitions 

        1)    In these rules: 

               The Society means the Campbelltown District Family History Society Inc.
               Commissioner means the Commissioner of the Department of Fair Trading.
               Ordinary member means a member of the committee who is not an office-bearer of the society, as referred
               to in rule 17(2).
               Life member means a member nominated, seconded and voted for, as referred to in rule 5(2).
               General member means a member who is not on the committee or a life member.
               Secretary means: 

               a)    the person holding office under these rules as secretary of the society, or
               b)    if no such person holds that office – the public officer of the society. 

               Special general meeting means a general meeting of the society other than an annual general meeting.
               The Act means the Associations Incorporation Act 1984.
               The regulation means the Associations Incorporation Regulation 1999. 

        2)     In these rules: 

               a)    A reference to a function includes a reference to a power, authority and duty, and
               b)    A reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

        3)    The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions 
               would so apply if these rules were an instrument made under the Act. 

2   The aims of The Society shall be: 

        1)    The formation of a common interest group to assist members and other community members in family history research;
        2)    To establish a store of reference material including books, papers, magazines, guides and any other reference
               material that relates to genealogical, heraldic, historical, biographical and allied subjects.
        3)    To pursue family history related projects as a group;
        4)    To promote and encourage the study of family history and allied subjects;
        5)    To hold regular meetings at which lectures shall be given, papers read, discussions held and general business attended to;
        6)    To hold regular meetings that provide a venue for a discussion group to help solve individual problems and give each other support; and
        7)    To seek funding and make submissions to outside funding bodies for the promotion of family history research. 

 

Part 3 Membership 

3   Membership qualifications 

        1)    A person is qualified to be a member of the society if, but only if: 

               a)   The person is a person referred to in section 18 of the Act and has not ceased to be a member of the
                     society at any time after incorporation of the society under the Act, or
               b)   The person is a natural person: 

                     i)   Who has been nominated for membership of the society as provided by rule 4, and
                    ii)   Who has been approved for membership of the society by the committee of the society.  

4   Nomination for Membership 

        1)    A nomination of a person for membership of the society: 

               a)   Must be made by a member of the society in writing in the form set out in Appendix 1 to these rules,
                     or another form as set out in the society's by-laws, and
               b)   Must be lodged with the secretary of the society. 

        2)   As soon as practicable after receiving a nomination for membership, the secretary must refer the nomination to
              the committee which is to determine whether to approve or to reject the nomination.
        3)   As soon as practicable after the committee makes that determination, the secretary must: 

              a)   Notify the nominee, in writing, that the committee approved or rejected the nomination (whichever is
                    applicable), and 
              b)   If the committee approved the nomination, request the nominee to pay (within the period of 28 days after
                   receipt by the nominee of the notification) the sum payable under these rules by a member as entrance fee
                   and annual subscription. 

        4)   The secretary must, on payment by the nominee of the amounts referred to in clause (3) (b) within the period
              referred to in that provision, enter the nominee’s name in the register of members and, on the name being so
              entered, the nominee becomes a member of the society.  

5   Nomination for Life Membership 

        1)
              a)   To be eligible for Life Membership a member must be nominated by one general member or Life Member
                    and seconded by another. The nomination shall then be forwarded to the Board for approval. If such
                    nomination is approved by the Board the nomination shall be referred to the next Annual General Meeting
                    of the Society, and if such nomination is approved at such Annual General Meeting by simple majority 
                    of members present and entitled to vote, the person elected shall be a life member of the Society.

              b)   Must be made by a member of the society in writing on the form as set out in the society's by-laws.
              c)   Must be lodged with the secretary of the society. 

        2)
              a)   Any member of the Society may nominate another member for Life Membership on the basis of the
                    nominated person's long and or meritorious service to the society.
              b)   If the nominated person is a member of the Executive Committee then he/she shall abstain from any
                    vote or decision making on the nomination.
              c)   A Life Member shall retain all the benefits, rights and responsibilities of a General Member. 

        3)   A Certificate of Meritorious Service can be issued to members by using the same procedure as for Life
             Members. 

6   Nomination for Honorary Membership 

        1)    Honorary membership may be granted to a non-member of the Society on decision of the Executive
               Committee following nomination in writing by any financial member.
        2)
              a)   Any financial member of the Society may nominate a non-member of the Society for Honorary Membership
                    on the basis of meritorious service or exceptional contribution to the Society and/or the community.
              b)   An Honorary Membership shall be for a period of 12 months and shall be awarded at the Annual General Meeting.
              c)   Renewal of an Honorary Membership for a further 12 months may be at the discretion of the Executive
                    Committee or a fresh nomination lodged by any financial member one month before the expiration of suchHonorary Membership.
              d)   An Honorary Member shall have all the privileges of full membership but shall have no right to vote on any matter.  

7   Cessation of membership 

        A person ceases to be a member of the society if the person: 

              a)   dies, or
              b)   resigns membership, or
              c)   is expelled from the society. 

8   Membership entitlements not transferable 

        A right, privilege or obligation which a person has by reason of being a member of the society: 

              a)   is not capable of being transferred or transmitted to another person, and
              b)   terminates on cessation of the person’s membership. 

9   Resignation of membership 

        1)    A member of the society is not entitled to resign that membership except in accordance with this rule.
        2)    A member of the society who has paid all amounts payable by the member to the society in respect of the
               member’s membership may resign from membership of the society by first giving to the secretary written
               notice of at least one month (or such other period as the committee may determine) of the member’s intention
               to resign and, on the expiration of the period of notice, the member ceases to be a member.
        3)    If a member of the society ceases to be a member under clause (2), and in every other case where a member
               ceases to hold membership, the secretary must make an appropriate entry in the register of members
               recording the date on which the member ceased to be a member. 

10   Register of members 

        1)    The membership officer of the society must establish and maintain a register of members of the society
               specifying the name and address of each person who is a member of the society together with the date on
               which the person became a member.
        2)    The register of members must be kept at the principal place of administration of the society and must be
               open for inspection, free of charge, by any member of the society at any reasonable hour.
        3)    A member of the society may obtain a copy of any part of the register on payment of a fee of $1 for each
               page copied or, if some other amount is determined by the committee, that other amount.  

11   Fees and subscriptions 

        1)    A member of the society must, on admission to membership, pay to the society a fee of $1 or, if some other
               amount is determined by the committee, that other amount.
        2)    In addition to any amount payable by the member under clause (1), a member of the society must pay to the
               society an annual membership fee of $2 or, if some other amount is determined by the committee, that other amount: 

              a)   except as provided by paragraph (b), before 1 July in each calendar year, or
              b)   if the member becomes a member on or after 1 July in any calendar year – on becoming a member and
                    before 1 July in each succeeding calendar year. 

        3)    The annual subscription for members shall be fixed at the Annual General Meeting of The Society and
               adjustments made from time to time by the way of a simple majority of those members present and voting at any meeting.
        4)    All members on joining The Society shall be subject to the annual membership fee or part thereof dependant
               calculated on the date of joining. For those who join between July and December (inclusive) of any one year,
               payment of the full annual fees shall be due. For those joining between January and June (inclusive) in any
               one year, a payment of one half of the annual fee shall be made.  

12   Members’ liabilities 

        The liability of a member of the society to contribute towards the payment of the debts and liabilities of the society
        or the costs, charges and expenses of the winding up of the society is limited to the amount, if any, unpaid by the
        member in respect of membership of the society as required by rule 11.  

13   Resolution of internal disputes 

        1)    Disputes between members (in their capacity as members) of the society, and disputes between members
               and the society, are to be referred to a community justice centre for mediation in accordance with the
               Community Justice Centres Act 1983.
        2)    At least 7 days before a mediation session is to commence, the parties are to exchange statements of the
               issues that are in dispute between them and  supply copies to the mediator.  

14   Disciplining of members 

        1)   A complaint may be made to the committee by any person that a member of the society: 

              a)   has persistently refused or neglected to comply with a provision or provisions of these rules, or
              b)   has persistently and wilfully acted in a manner prejudicial to the interests of the society. 

        2)   On receiving such a complaint, the committee: 

              a)   must cause notice of the complaint to be served on the member concerned; and
              b)   must give the member at least 14 days from the time the notice is served within which to make
                    submissions to the committee in connection with the complaint, and
              c)   must take into consideration any submissions made by the member in connection with the complaint. 

        3)    The committee may, by resolution, expel the member from the society or suspend the member from
               membership of the society if, after considering the complaint and any submissions made in connection with
               the complaint, it is satisfied that the facts alleged in the complaint have been proved.
        4)    If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken,
               cause written notice to be given to the member of the action taken, of the reasons given by the committee for
               having taken that action and of the member's right of appeal under rule 15.
        5)   The expulsion or suspension does not take effect:

              a)   until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
              b)   if within that period the member exercises the right of appeal, unless and until the society confirms the
                    resolution under rule 15(5), whichever is the later. 

15   Right of appeal of disciplined member 

        1)    A member may appeal to the society at a special general meeting against a resolution of the committee under
               rule 14, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
        2)    The notice may, but need not, be accompanied by a statement of the grounds on which the member intends
               to rely for the purposes of the appeal.
        3)    On receipt of a notice from a member under clause (1), the secretary must notify the committee which is to
               convene a special general meeting of the society to be held within 28 days after the date on which the secretary received the notice.
        4)    At a special general meeting of the society convened under clause (3): 

              a)   no business other than the question of the appeal is to be transacted, and
              b)   the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
              c)   the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked. 

        5)    If at the special general meeting the society passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.  

Part 4 The committee 

16   Powers of the committee 

        1)    The committee is to be called the committee of management of the society and, subject to the Act, the
               Regulation and these rules and to any resolution passed by the society in general meeting: 

              a)   is to control and manage the affairs of the society, and
              b)   may exercise all such functions as may be exercised by the society, other than those functions that are
                    required by these rules to be exercised by a general meeting of members of the society, and
              c)   has power to perform all such acts and do all such things as appear to the committee to be necessary
                    or desirable for the proper management of the affairs of the society. 

17   Constitution and membership 

        1)    The executive committee of the society is to consist of: 

              a)   the president
              b)   the vice-president
              c)   the treasurer
              d)   the secretary/public officer, and
              e)   the assistant secretary 

              each of whom is to be elected at the annual general meeting of the society under rule 18. 

        2)    The general committee of the society is to consist of: 

              a)   the executive committee
              b)   the webmaster
              c)   the assistant treasurer
              d)   the membership officer
              e)   the two research officers
              f)   the magazine editor
              g)   the assistant magazine editor
              h)   the volunteer coordinator, and
              i)   the social secretary/welfare officer 

              each of whom is to be elected at the annual general meeting of the society under rule 18 

        3)    Each member of the committee is, subject to these rules, to hold office until the conclusion of the annual
               general meeting following the date of the member’s election, but is eligible for re-election, subject to any by‑laws separate to the constitution.
        4)    In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint
               a member of the society to fill the vacancy and the member so appointed is to hold office, subject to these
               rules, until the conclusion of the annual general meeting next following the date of the appointment.  

18   Election of members 

        1)    Nominations of candidates for election as office-bearers of the society or as ordinary members of the committee: 

              a)   must be made in writing, signed by 2 members of the society and accompanied by the written consent of
                    the candidate (which may be endorsed on the form of the nomination), and
              b)   must be delivered to the secretary of the society at least 7 days before the date fixed for the holding of
                    the annual general meeting at which the election is to take place. 

        2)    If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated
               are taken to be elected and further nominations are to be received at the annual general meeting.
        3)    If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
        4)    If the number of nominations received, is equal to the number of vacancies to be filled and equals the vacant
               positions, the persons nominated are taken to be elected.
        5)    If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
        6)    The ballot for the election of office-bearers and ordinary members of the committee is to be conducted at
               the annual general meeting in such usual and proper manner as the committee may direct.
        7)    Any of the Society's positions may be combined but no one person may hold more than two (2) positions
               at any one time. There shall be no restriction to prevent spouses/partners or other persons in any form of
               relationship, personal or professional, from being Office Bearers of the Society at the same time, as long as those persons are not both signatories. 

19   Secretary/Public Officer 

        1)    the Secretary/Public Officer of the society must, as soon as practicable after being appointed as secretary, lodge notice with the society of his or her address.
        2)    It is the duty of the secretary to keep minutes of: 

              a)   all appointments of office-bearers and members of the committee,
              b)   the names of members of the committee present at a committee meeting or a general meeting, and
              c)   all proceedings at committee meetings and general meetings. 

        3)    Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting. 

20   Treasurer 

        It is the duty of the treasurer of the society to ensure: 

              a)   that all money due to the society is collected and received and that all payments authorised by the society
                    are made,
                    and
              b)   that correct books and accounts are kept showing the financial affairs of the society, including full details
                    of all receipts and expenditure connected with the activities of the society.
              c)   the assistant treasurer is to assume full treasury duties should the treasurer be absent, for any reason, for a period exceeding two (2) weeks. 

21   Casual vacancies 

        For the purposes of these rules, a casual vacancy in the office of a member of the committee occurs if the member: 

              a)   dies, or
              b)   ceases to be a member of the society, or
              c)   becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the
                    Commonwealth, or
              d)   resigns office by notice in writing given to the secretary, or
              e)   is removed from office under rule 22, or
              f)   becomes a mentally incapacitated person, or
              g)   is absent without the consent of the committee from all meetings of the committee held during a period of 6 months. 

22   Removal of member

         1)   The society in general meeting may by resolution remove any member of the committee from the office of
               member before the expiration of the member’s term of office and may by resolution appoint another person
               to hold office until the expiration of the term of office of the member so removed

        2)    If a member of the committee to whom a proposed resolution referred to in clause (1) relates makes
               representations in writing to the secretary or president (not exceeding a reasonable length) and requests
               that the representation be notified to the members of the society, the secretary or the president may send
               a copy of the representations to each member of the society or, if the representations are not so sent, the
               member is entitled to require that the representations be read out at the meeting at which the resolution is considered. 

23   Meetings and quorom 

        1)    The committee must meet at least 6 times in each period of 12 months at such place and time as the committee may determine.
        2)    Additional meetings of the committee may be convened by the president or by any member of the committee.
        3)    Oral or written notice of a meeting of the committee must be given by the secretary to each member of the
               committee at least 48 hours (or such other period as many be unanimously agreed on by the members of
               the committee) before the time appointed for the holding of the meeting.
        4)    Notice of a meeting given under clause (3) must specify the general nature of the business to be transacted
               at the meeting and no business other than that business is to be transacted at the meeting, except business
               which the committee members present at the meeting unanimously agree to treat as urgent business.
        5)    Any 3 members of the executive committee constitute a quorum for the transaction of the business of a
               meeting of the executive committee.
        6)    No business is to be transacted by the committee unless a quorum is present and if, within half an hour
               of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the
               same place and at the same hour of the same day in the following week, or next available opportunity thereafter.
        7)    If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
        8)    At a meeting of the committee: 

              a)   the president or, in the president’s absence, the vice-president is to preside, or
              b)   if the president and the vice-president are absent or unwilling to act, such one of the remaining members
                    of the committee as may be chosen by the members present at the meeting is to preside. 

24   Delegation by committee to sub-committee 

        1)    The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such
               member or members of the society as the committee thinks fit) the exercise of such of the functions of the
               committee as are specified in the instrument, other than: 

              a)   this power of delegation, and
              b)   a function which is a duty imposed on the committee by the Act or by any other law. 

        2)    A function the exercise of which has been delegated to a sub-committee under this rule may, while the
               delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
        3)    A delegation under this section may be made subject to such conditions or limitations as to the exercise
               of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
        4)    Despite any delegation under this rule, the committee may continue to exercise any function delegated.
        5)    Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule
               has the same force and effect as it would have if it had been done or suffered by the committee.
        6)    The committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
        7)    A sub-committee may meet and adjourn, as it thinks proper.
        8)    No Sub-Committee shall hold or raise funds or make financial transactions without prior approval from the General Committee.  

25   Voting and decisions 

        1)    Questions arising at a meeting of the committee or of any sub-committee appointed by the committee
               are to be determined by a majority of the votes of members of the committee or sub-committee present at the meeting.
        2)    Each member present at a meeting of the committee or of any sub-committee appointed by the
               committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an
               equality of votes on any question, the person presiding may exercise a second or casting vote.
        3)    Subject to rule 23(5), the committee may act despite any vacancy on the committee.
        4)    Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by
               a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards
               be discovered in the appointment or qualification of any member of the committee or sub-committee.

 

Part 5 General Meeting 

26   Annual general meetings – holding of 

        1)    With the exception of the first annual general meeting of the society, the society must, at least once in
               each calendar year and within the period of 6 months after the expiration of each financial year of the society,
               convene an annual general meeting of its members.
        2)    The society must hold its first annual general meeting: 

              a)   within the period of 18 months after its incorporation under the Act, and
              b)   within the period of 6 months after the expiration of the first financial year of the society. 

        3)    Clauses (1) and (2) have effect subject to any extension or permission granted by the Commissioner under section 26(3) of the Act. 

27   Annual general meetings – calling of and business at 

        1)    The annual general meeting of the society is, subject to the Act and to rule 26, to be convened on such date and at such place and time as the committee thinks fit.
        2)    In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following: 

              a)   to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,
              b)   to receive from the committee reports on the activities of the society during the last preceding financial year,
              c)   to elect office-bearers of the society and ordinary members of the committee,
              d)   to receive and consider the statement which is required to be submitted to members under section 26(6) of the Act. 

        3)    An annual general meeting must be specified as such in the notice convening it. 

28   Special general meetings – calling of 

        1)    The committee may, whenever it thinks fit, convene a special general meeting of the society.
        2)    The committee must, on the requisition in writing of at least 5 per cent of the total number of members, convene a special general meeting of the society.
        3)    A requisition of members for a special general meeting: 

              a)   must state the purpose or purposes of the meeting, and
              g)   must be signed by the members making the requisition, and
              h)   must be lodged with the secretary, and
              i)   may consist of several documents in a similar form, each signed by one or more of the members making the requisition. 

        4)    If the committee fails to convene a special general meeting to be held within 1 month after that date on which
               a requisition of members for the meeting is lodged with the secretary, any one or more of the members who
               made the requisition may convene a special general meeting to be held not later than 3 months after that date.
        5)    A special general meeting convened by a member or members as referred to in clause (4) must be convened
               as nearly as is practicable in the same manner as general meetings are convened by the committee and any
               member who consequently incurs expenses is entitled to be reimbursed by the society for any expense so incurred. 

29   Notice 

        1)     Except if the nature of the business proposed to be dealt with at a general meeting requires a special
               resolution of the society, the secretary must, at least 14 days before the date fixed for the holding of the
               general meeting, give a notice to each member specifying the place, date and time of the meeting and the
               nature of the business proposed to be transacted at the meeting.
        2)     If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of
               the society, the secretary must, at least 21 days before the date fixed for the holding of the general meeting,
               cause notice to be given to each member specifying, in addition to the matter required under clause (1), the
               intention to propose the resolution as a special resolution.
        3)     No business other than that specified in the notice convening a general meeting is to be transacted at the
               meeting except, in the case of an annual general meeting, business which may be transacted under rule 27(2).
        4)     A member desiring to bring any business before a general meeting may give notice in writing of that business
               to the secretary who must include that business in the next notice calling a general meeting given after
               receipt of the notice from the member. 

30   Procedure 

        1)    No item of business is to be transacted at a general meeting unless a quorum of members entitled under
               these rules to vote is present during the time the meeting is considering that item.
        2)    Five members present in person (being members entitled under these rules to vote at a general meeting)
               constitute a quorum for the transaction of the business of a general meeting.
        3)    If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting: 

              a)   if convened on the requisition of members, is to be dissolved,
                    and
              b)   in any other case, is to stand adjourned to the same day in the following week at the same time and
                    (unless another place is specified at the time of the adjournment by the person presiding at the meeting
                    or communicated by written notice to members given before the day to which the meeting is adjourned)
                    at the same place. 

        4)    If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the
               commencement of the meeting, the membersresent (being at least 3 executive committee members) is to constitute a quorum.  

31   Presiding member 

        1)    The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the society.
        2)    If the president and the vice-president are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting. 

32   Adjournment 

        1)    The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of
               members present at the meeting, adjourn the meeting from time to time and place to place, but no business
                is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
        2)    If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the
               adjourned meeting to each member of the society stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
        3)    Except as provided in clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given. 

33   Making of decisions 

        1)    A question arising at a general meeting of the society is to be determined on a show of hands and, unless
               before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that
               a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority
               or lost, or an entry to that effect in the minute book of the society, is evidence of the fact without proof of
               the number or proportion of the votes recorded in favour of or against that resolution.
        2)    At a general meeting of the society, a poll may be demanded by the chairperson or by at least 3 members present in person or by proxy at the meeting.
        3)    If a poll is demanded at a general meeting, the poll must be taken; 

              a)   immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment, or
              b)   in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, 

              and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter. 

34   Special resolution 

        A resolution of the society is a special resolution: 

              a)   if it is passed by a majority which comprises at least three-quarters of such members of the society as,
                    being entitled under these rules so to do, vote in person or by proxy at a general meeting of which at least
                    21 days’ written notice specifying the intention to propose the resolution as a special resolution was given
                    in accordance with these rules,
                    or
              b)   where it is made to appear to the Commissioner that it is not practicable for the resolution to be passed in
                    the manner specified in paragraph (a) if the resolution is passed in a manner specified by the Commissioner. 

35   Voting 

        1)    On any question arising at a general meeting of the society a member has one vote only.
        2)    All votes must be given personally or by proxy but no member may hold more than 5 proxies.
        3)    In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
        4)    A member or proxy is not entitled to vote at any general meeting of the society unless all money due and
               payable by the member or proxy to the society has been paid, other than the amount of the annual subscription payable in respect of the then current year. 

36   Appointment of proxies 

        1)     Each member is to be entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
        2)    The notice appointing the proxy is to be in the form set out in Appendix 2 to these rules, or another form as set out in the society's by-laws.

 

Part 6 Miscellaneous 

37   Insurance 

        The society may effect and maintain insurance. 

38   Funds – source 

        1)    The funds of the society are to be derived from entrance fees and annual subscriptions of members,
               donations and, subject to any resolution passed by the society in general meeting, such other sources as the committee determines.
        2)    All money received by the society must be deposited as soon as practicable and without deduction to the credit of the society’s bank account.
        3)    The society must, as soon as practicable after receiving any money, issue an appropriate receipt. 

39   Funds Managment 

        1)    Subject to any resolution passed by the society in general meeting, the funds of the society are to be
               used in pursuance of the objects of the society in such manner as the committee determines.
        2)    All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by 2 committee members authorised to do so by the committee.
        3)    If spouses/partners hold office within the Society at the same time, then whilst either or both can be
               authorised signatories on behalf of the Society, the signing of the same cheque by both parties is prohibited.
        4)    The Society's authorised signatories shall be: 

              a)   the president,
              b)   the secretary,
              c)   the treasurer, and
              d)   the assistant treasurer 

40   Alteration of objects and rules 

        The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of
        the society. 

41   Common seal 

        1)    The common seal of the society must be kept in the custody of the public officer.
        2)    The common seal 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 2 members of the committee or
               of 1 member of the committee and of the public officer or secretary. 

42   Custody of books 

        Except as otherwise provided by these rules, the public officer must keep in his or her custody or under his or
        her control all records, books and other documents relating to the society. 

43   Inspection of books 

        The records, books and other documents of the society must be open to inspection, free of charge, by a member
        of the society at any reasonable hour. 

44   Service of notices 

        1)    For the purpose of these rules, a notice may be served on or given to a person: 

              a)   by delivering it to the person personally, or
              b)   by sending it by pre-paid post to the address of the person, or
              c)   by sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice. 

        2)    For the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served: 

              a)   in the case of a notice given or served personally, on the date on which it is received by the addressee,
                    and
              b)   in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
              c)   in the case of a notice sent by facsimile transmission or some other form of electronic transmission,
                    on the date it was sent, or if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.  

45   Dissolution of The Society 

        The Society shall not be dissolved except at a Special General Meeting of The Society specially convened for
        the purpose and by a resolution carried by a majority of three-quarters of the votes recorded in respect of the
        same. If upon the winding up or dissolution of The Society there remains after the satisfaction of all its debts and
        iabilities any property whatsoever the same shall not be paid or distributed among the members of The Society,
        but shall be given or transferred to some other institution or institutions having objects similar or in part similar to
        the objects of The Society and which also prohibit the distribution of its or their property among its or their
        members, such institution or institutions to be determined by the members of The Society at or before the time
        of dissolution or in default thereof by the Chief Judge or such court as may have or acquire jurisdiction in the matter. 

46   Destruction of Society Records 

        The schedule for destruction of Society records that are not of genealogical usefulness, shall be two (2) years,
        excepting where these records are financial in nature and are then to be kept of a period of 7 years. All genealogically useful records are to be archived and kept indefinitely.  

47   Archives 

        The Secretary shall be responsible for the raising and maintaining of an archival system. A permanent archive shall also be raised containing the following; 

              a)   The Constitution and its amendments,
              b)   Executive Committee Meeting minutes,
              c)   General Committee Meeting minutes,
              d)   Bulletins, and
              e)   Any document of particular interest or of a reference nature.


 

Appendix 1:    (Rule 4 (1))

 

APPLICATION FOR MEMBERSHIP OF SOCIETY

 

…………………………………. Incorporated (incorporated under the Associations Incorporation Act 1984.

 

I,………………………………………………………………………………………… (full name of applicant)

 

of……………………………………………………………………………………….. (address)

 

……………………………………………………………......................................... (occupation)

 

hereby apply to become a member of the abovenamed incorporated society. In the event of my admission
as a member, I agree to be bound by the rules of the society for the time being in force.

 

……………………………………………........……. Signature of applicant

 

Date…………………………………………….

 

I,………………………………………………………. (full name)

 

 a member for the society, nominate the applicant, who is personally known to me, for membership of the society.

 

………………………………………………........…. Signature of proposer

 

Date…………………………………………….

 

I,………………………………………………………. a member for the society, (full name)

 

second the nomination of the applicant, who is personally known to me, for membership of the society.

 

……………………………………………….......…. Signature of seconder

 

Date…………………………………………….

 


 

Appendix 2:    (Rule 36 (2))

 

FORM OF APPOINTMENT OF PROXY

 

I,………………………………..of ……………………………………………………. (full name) (address)

 

being a member of …………………………………………………………………... (name of incorporated society)

 

hereby appoint …………………………………… of ………………………………. (full name of proxy) (address)

 

being a member of that incorporated society, as my proxy to vote for me on my behalf at the general meeting
of the society (annual general meeting or special general meeting, as the case may be) to be held on the

 

………….day of………………….. (month and year)

 

and at any adjournment of that meeting.

 

* My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insert details).
* to be inserted if desired.

 

………………………………………………

 

Signature of member appointing proxy

 

Date…………………………………………...

 

NOTE: A proxy vote may not be given to a person who is not a member of the society.