Tasmanian Amateur Repeater Association Consitution 1992
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CONSTITUTION, RULES AND BY-LAWS
OF
This Constitution was adopted by Tasar Inc. Executive meeting
on the 29.7.1992, to be effective on advice of incorporation.
INCORPORATED 26.08.92
APPROVED P. Dowd
Public Officer
For and on behalf of the Executive.
THE CONSTITUTION OF
THE TASMANIAN AMATEUR REPEATER ASSOCIATION
INC.
1. NAME
The name of the Assoclation is the Tasmanian Amateur Repeater
Association Inc. and hereinafter in this constitution 1s referred to as
Tasar Inc. It is a non profit making organisation.
2. OFFICE
The office of the Association shall be at 12 Susan Parade, Hobart in
Tasmania, or such other place as the Executive may from time to time
determine.
3. INTERPRETATION
Unless the contrary intention appears in this Constitution, the
following words or phrases have or include, as the case may be, the
corresponding meanings shown - "The Act™ means the Association
Incorporations Act, 1964,
and any Regulations made thereunder the Statutes of Tasmania.
"Annual General Meeting" means a meeting open to all financial
members of Tasar Inc., at which the election of the Executive takes
place. "Assets" includes any real and personal property and any
money, negotiable instrument, estate, right or interest which are the
property of Tasar Inc, or to which Tasar Inc. is entitled, or is to be
entitled. "Commonwealth" means the Commonwealth of Australia and
includes every State, Territory and Dependency thereof. "Model
Rules" shall mean the Model Rules for an Association as in the
Schedule of the Regulations 2 of the Association Incorporation " Model
Rules " Regulation 1965 under the Statutes of Tasmania. ™Paragraph"
means a paragraph of this Constitution. "Public Officer" means a
person appointed to that office in accordance with the Association
Incorporations Act, 1964.
4. APPLICATION OF "THE ACT"” AND REGULATIONS.
The provisions of the Acts and Interpretation Act 1931 as amended
shall, insofar as they are capable of application to this Constitution,
apply at any time to their interpretation as if it were an Act. The
provisions of the Act and Regulations shall, as far as they are capable
of application, apply to Tasar Inc. and in the event of any
inconsistency between the Act and this Constitution or the Regulations
and this Constitution, the relative provision of the Act or the
Regulations shall prevail.
RS "EXECUTIVE"
of the Executive are elected at each Annual
office until the conclusion of the election at
ral Meeting, provided that in the case of the
(IPP) the retiring President should he not be
cutive, at each Annual General Meeting shall be
the position of IPP and shall hold that
PP is likewise appointed.
he retiring Executive are eligible for re-
of the Executive is the President and in his
and in his absence a member of the Executive
concerned may elect a chairman from amongst
the Executive becomes vacant if the office
in writing to the Public Officer.
to be a member or a licensed amateur.
removed from that office by a two-thirds majority
voting in person or by proxy.
ecoming vacant during the term of office of
illed by the Executive at its next meeting by
person to hold office for the remainder of the
of office.
BY EXECUTIVE
1s responsible for the maintenance of all
malntains all Tasar Inc. assets and
is empowered to use Tasar Inc. funds for
Inc. activities in accordance with the
utive has the power to make and publish
and manuals, not inconsistent with the
er management and control of Tasar Inc. and
to attend Executive Meetings in an advisory
meets at such time and place as shall be
rum of the Executive shall be four members in
the President or Vice President.
of the Executive shall have one vote and its
the majority of votes cast, provided that
voting, the chairman has a casting vote.
10. INCOME and PROPERTY OF THE ASSOCIATION 11. MEETINGS
(a) The income & property of the Association however derived (a) The Executive must meet at least twice each financial
shall be applied solely towards the promotion of the objects & purposes year at such place as the Executive determines, one meeting of which is
of the Association and no portion thereof shall be paid or transferred the Annual General Meeting. All meetings shall be conducted in
directly or indirectly by dividend bonus or otherwise to any member of accordance with The Conduct of Meetings, Model Rules, Regulations 1965
the Association. and pursuant to the statutes of Tasmania.
(b) The Association shall not: (b) A quorum of the Executive meeting is a simple majority of
(i) Appoint a person who is a member of the Executive to its members present in person or proxy.
any office in the Association to the holder of which there is payable (c) Fourteen days clear notice in writing must be given for
any remuneration by way of salary fees or allowances; or any meeting of the Executive except in the case of an emergency extra -
(ii) Pay to any such person any remuneration or other ordinary Executive Meeting when forty eight (48) hours notice given
benefit in money or money's worth (other than the repayment of out of verbally shall be deemed sufficient. Such notice must state the date,
pocket expenses). venue rand agenda of the meeting.
(c) Nothing in the foregoing provisions of this rule prevents (d) The Annual General Meeting of the Executive is held
this payment in good faith to a servant or member of the Association. within three calendar months of the end of the financial year.
(i) Remuneration in return for services actually (e) Members of the Executive may be represented by proxy.
rendered to the Association by the servant or members or for goods (f) The holder of a proxy must be an Office holder and all
supplied to the Association by the servant or members in the ordinary proxies must be tabled before the commencement of the meeting
course of business; concerned.
(ii) Interest at a rate not exceeding the current (g) Unless otherwise provided by this Constitution, all
ruling bank rate on moneys lent to the Association by the servant or decisions of the Executive are made by a simple majority of votes cast
member ; or by its members present in person or proxy.
(1ii) A reasonable and proper sum by way of rent for (h) In the event of the equality of votes, the chairman has
premises let to the Association by the servant or member. the casting vote.
(1) The qualifications required to become a member, the
THE COMMON SEAL OF TASAR INC. procedure for joining, membership fees payable and the conditions of
ceasing to be a member are determined by the Executive from time to
time and shall be published as the membership by-laws.
(3) All rights of membership of Tasar Inc. as a member
terminate on a member ceasing to be a member in accordance with the
provisions of the membership by-laws.
'Q@\AN 4%
12. MEMBERSHIP FEES
(a) Renewal of membership fees become due and payable on the
S first day of the financial year of Tasar Inc.
= od
(b) In the case of a new member enroling on or after April
:’ $ 1st in any year his membership shall be deemed current until the 30th
#l day of June in
’.’{}. 2& the following year.
Ocianont (c) Membership fees are non-refundable except at the
discretion of the Executive.
(d) Membership fees payable shall be determined by the
Executive and published in the Membership By-Laws.
19. SAVINGS PROVISION
13. FINANCE | All acts, proceedings and resolutions of any meeting of the Executive
(a) The funds of Tasar Inc. are banked in the name of Tasar
are, notwithstanding that it is afterwards discovered that there is
Inc. and the bank account is operated upon by any two of the Executive,
some defect in the appointment or election of one or more of the
one of which must be the Treasurer. |
constituent members thereof or there was an accidental failure to give
(b) All receipts issued for moneys received by Tasar Inc.
proper notice or to follow proper procedure at such meeting, be valid
shall be issued on the official Tasar Inc. receipt as provided.
and binding as if the defect or failure did not exist.
(e) All accounts payable by the Association must be presented
to the Executive for consideration prior to payment.
20. INDEMNITY
(d) An independent, qualified auditor shall be appointed by
(a) The liability of all office-bearers and members is
the Executive and is responsible for auditing the books of account of
limited to the amount of membership fees unpaid for that financial
Tasar Inc. once a year. The report of the auditor is presented at each
year. -
Annual General Meeting.
(b) Without limiting the generality of the preceding sub-
(e) The membership fees which may from time to time be
paragraph, no member of the Executive or any other officer or
determined by the Executive of Tasar Inc. are payable to the Treasurer
employee, whether voluntary or not, is liable for any act, neglect
at a time which may from time to time be determined by the Executive.
omission, or default of himself or any other person or for, any other
person or for any loss, damage or misfortune caused thereby unless such
14. FINANCIAL YEAR
act, neglect, omission or default arose by virtue of that persons
In this Constitution, the financial year means the financial year of
dishonesty wilful default or gross negligence.
Tasar Inc. ending on the 30th June of each year.
(c) Each of the Executive or other officer or employee is
indemnified out of the assets of Tasar Inc. against any liability
15. AMENDMENT TO THIS CONSTITUTION incurred by him contrary to the provisions of this paragraph and also
This Constitution may be amended at a duly convened Executive Meeting
against the costs incurred by him in defending any proceedings.
S—
at which thirty days clear notice of the amendment has been given and
which two-thirds of the members present and voting, either personally
21. PATRON
or by proxy, are in favour of the amendment.
A Patron may be appointed from time to time by the Association.
‘,
l6. TAX DEDUCTIBILITY 22. LIFE MEMBERSHIP
In the event of Tasar Inc. being classified as an organization for Life membership may be conferred by the Executive.
which donations are tax deductible by the Australian Government the
Executive is empowered to make such Regulations or By-Laws as are 23. GENDER
required by the Federal Government to ensure such classification. Any words of any gender shall include any other gender.
-
17. PUBLIC OFFICER 24, COMMON SEAL
The Executive shall appoint a Public Officer in accordance with the (1) The Common Seal of the TASMANIAN AMATEUR REPEATER
requirements of the incorporation under the Association Incorporations ASSOCIATION INC. shall be in the form of a rubber stamp, inscribed
Act, 1964. with the name of the Association encircling the word " Seal " as
shown.
18. WINDING UP OF TASAR INC. (11) The seal shall not be affixed to any instrument except
A resolution to wind up Tasar Inc, shall satisfy the same requirements by authority of the Executive, and the affixing thereof shall be
as a motion to amend this Constitution. On the winding up of Tasar Inc. attested by the signatures either of two members of the Executive, or
its assets shall be distributed in such a manner as a majority of those of one member of the Executive and of the Public Officer of Tasar Inc.,
present at the meeting at which the resolution to wind up Tasar Inc. is or such other persons as the Executive may appoint for the purpose, and
duly passed, shall determine, and In either case provided that such that attestation is sufficient for all purposes that the seal was
determination satisfies the requlirements of section 78 (1) (a) of the affixed by authority of the Executive.
Income Tax Assessment Act, or insofar as that may not be possible, for (1i1) The seal shall remain
some charitable purpose. in the custody of the Public Officer.
MEMBERSHIP BY-LAWS
Pursuant to the provisions of paragraph (9) (11) and (12) of the Tasar
Inc. Constitution, the Executive hereby determines that these By-Laws
operate from 29.7.1992.
1. APPOINTMENT AS TASAR INC. MEMBERS
(a) All applicants must be licensed Amateurs to become a
member of Tasar Inc. Applications are to be on the prescribed form duly
completed and forwarded to the Secretary.
(b) All applications are to be interviewed by the Executive
to determine the applicant’s suitability to become a Tasar Inc.
member.
(c) Selection of applicants is decided by a majority vote of
the appropriate Executive members present and voting. Rejection of the
application is to be notified to the applicant as soon as possible.
While reasons for rejection need not to be given, the Executive is
encouraged to advise such reasons for rejection as might enable the
applicants to improve or correct capabilities for future
applications.
(d) On being accepted, the applicant will then pay the
prescribed membership fee.
2. CESSATION AS A TASAR INC. MEMBER
A Tasar Inc. member ceases to be such if:
(i) He resigns in writing to the Executive Secretary.
(1) He fails to pay any membership fees within one calendar
month from the date they fall due.
(iii) He is expelled in accordance with the provisions of the
By-Laws, or
(iv) He dies.
3. EXPULSION OF TASAR INC. MEMBERS
(a) If in the opinion of the Executive, a Tasar Inc. member
has been guilty of any conduct prejudicial to the interests of Tasar
Inc. then that person may be summarily suspended as a Tasar Inc.
member.
(b) The Executive on suspending a Tasar Inc. member, informs
that person of the reason for the suspension and notifies him of the
date and place of the meeting of the Executive that will determine if
that member is to be expelled from sar Inc.
(c) The Executive determines by a majority vote of members
entitled to vote and voting whether the suspended Tasar Inc. member is
to be expelled from the Association.
(d) In the event of the Executive determining that the
suspended Tasar Inc. member is not expelled, the suspension is
revoked.