CANBERRA ANTIQUE AND CLASSIC MOTOR CLUB (INC.) CONSTITUTION September 2016
1. NAME
1.1. The name of the Association shall be the CANBERRA ANTIQUE AND CLASSIC MOTOR CLUB INC. and will hereinafter be referred to as “the Association”.
1.2 The Association may also be known as the “CACMC”.
2. INTERPRETATION
2.1. For the purposes of this Constitution
2.1.1 a reference to the singular shall include the plural and vice versa; and a reference to the masculine shall include the feminine.
2.1.2 the term ‘general meeting’ shall include Special General Meeting (SGM) and Annual General Meeting (AGM).
2.1.3 the Associations Incorporation Act (ACT) and the Associations Incorporation Regulations (ACT) shall be referred to as The Act.
3. AIMS AND OBJECTIVES
3.1 The aims and objectives of the Association are to:
3.1.1 bring together persons who sympathise with the Aims and Objectives of the Association and who are interested in veteran, vintage, and historic motor vehicles included within the scope of the ACT Concessional Registration Scheme.
3.1.2 engage in rallies, exhibitions, displays and other events for such vehicles. The range of motor activities should include that which is relevant to, and/or was in vogue during, the periods that are represented by the eras of the vehicles concerned. Motor activities in this context include, time trials, fuel consumption/economy tests and other amateur activities involving motor vehicles that qualify for concessional registration.
3.1.3 foster correct driving and maintenance procedures for such vehicles and demonstrate the capabilities of these vehicles by engaging in the activities mentioned in Clause 3.1.2.
3.1.4 encourage the retention in Australia, of objects of our National Heritage by increasing community awareness of the value, and increasing the general level of interest in and acceptance of, old motor vehicles as a part of the national heritage.
3.1.5 encourage member’s acceptance of the Association policy, of recognising both the privileges and responsibilities associated with owning and using concessionally registered vehicles.
3.1.6 assist and encourage the restoration and preservation of such vehicles and sponsor such activities as support these aims and objectives.
3.1.7 hold regular meetings and outings for the benefit of members and guests and provide opportunities that facilitate the sharing of knowledge and information between persons interested in antique and classic motoring.
3.1.8 publish regularly a periodical, currently known as “The Colonial”, covering information of interest in achieving the Association’s objectives; and such other material as necessary to inform, amuse and interest members and their families.
3.1.9 encourage goodwill, friendship and communication between members of this Association, and between this Association and all other Associations having like objectives.
3.1.10 offer the services of the Association, its members and vehicles to charitable organisations.
3.1.11 purchase or otherwise acquire tools, equipment, spare parts or such other material for the use by members, or by other like Associations or bodies as approved by the Association.
3.1.12 purchase such real estate, buildings, furniture and equipment, as deemed necessary to further the Association’s aims. Engage in fund raising to achieve these objective, including the maintenance of such facilities after acquisition.
3.1.13 be a non profit organization. Surplus funds may be used:
for Association purposes or in accordance with the aims of the Association; for donations to charities; or
to partially defray costs such as to provide a benefit available to all members participating in a function or event.
4. POWERS
4.1. In pursuance of the above objectives the Association shall have the power to:
4.1.1 hold meetings and organise and conduct activities in the name of the Association.
4.1.2 produce, print and publish, and distribute a newsletter or other newspaper, periodicals, books, leaflets or publications that the Association may think desirable for the promotion of its objectives.
4.1.3 raise funds for the purposes of the Association including by any of the following means:
i. gifts or donations;
ii. subscriptions;
4.1.4 subscribe to, become a member of, or cooperate with or amalgamate with, any Association or Organisation, whether incorporated or not, whose objectives are similar to those of the Association
4.1.5 appoint, remove or suspend any persons that may be necessary or convenient for the purpose of the Association.
4.1.6 manage the assets of the Association.
4.1.7 make donations to such charities or in such circumstances, as the Association may think appropriate.
4.1.8 enter into any arrangement with Governments, Municipalities or other Corporations or public bodies or otherwise, that may seem conducive to the Association.
4.1.9 do all such other things as the Association deems to be conducive to the Association’s objectives.
5. MEMBERSHIP
5.1 Eligibility
Any person (or persons) owning or interested in antique and classic vehicles and in sympathy with the Aims and Objectives of the Association shall be eligible for membership.
5.2 Classes of Membership
The classes of membership shall be as specified in the by-laws.
5.3 Application for Membership
5.3.1 Persons wishing to become members shall complete such application forms and comply with such conditions as are specified in the By-laws in force at that time.
5.3.2 The acceptance for membership shall be dealt with by the Committee, as quickly as possible.
5.3.3 Any applicant approved by the Committee may become a member of the Association on payment of a nomination fee and the annual subscription or lesser subscription as determined by the committee from time to time.
5.4 Entitlements and Rights
5.4.1 The rights of each class of membership are as detailed in the by-laws.
5.4.2 Membership entitlements are not transferable. A right, privilege or obligation which a person has by reason of being a member of the Association:
i. is not capable of being transferred or transmitted to another person; and
ii. terminates upon cessation of the person’s membership.
5.5 Annual Subscriptions and Nominations Fees.
Being a member of the Association necessitates the payment of fees as specified in the by-laws.
6. MEMBERS’ LIABILITIES
6.1 The liability of a member to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to the amount, if any, unpaid by the member in respect of membership of the Association as detailed in Section 9.
6.2 As every member on payment of their subscription becomes entitled to the benefits and privileges of the Association, such payments shall be deemed a declaration of their submission to the rules and laws of the Association and to the obligations and liabilities imposed thereunder.
6.4 Any members breaking or damaging any article belonging to or in use by the Association shall pay to the Treasurer the necessary cost of replacing or repairing such articles, or such amount as determined by the Committee.
6.5 Cessation of Membership
Cessation of membership occurs as detailed in the by-laws.
7. MANAGEMENT COMMITTEE
7.1 The Association shall be administered by a Management Committee, herein referred to as the Committee. The Committee shall consist of the following officers:
7.1.1 President,
7.1.2 Vice President,
7.1.3 Secretary,
7.1.4 Treasurer,
7.1.5 Editor,
7.1.6 Events Director,
7.1.7 Registrar,
7.1.8 Librarian,
7.1.9 Information Officer,
7.1.10 Shop Manager,
7.1.11 Council Delegate and
other elected members, plus other coopted members who may from time to time be coopted to the Committee because of their special expertise or background experience or may occupy an office which becomes vacant by a resolution of the Committee.
7.2 All positions on the Committee will become vacant at the Annual General Meeting. Retiring Committee Members may be renominated to fill vacant positions.
7.3 Members of the Committee shall cease to hold office if they:
7.3.1 become incapable of performing their duties, or are unfinancial;
7.3.2 resign in writing addressed to the President or the Secretary;
7.3.3 are absent from three consecutive meetings of the Committee without obtaining leave from the Committee.
7.4 A member or members, of the Committee may be removed from office at a Special General Meeting of the Association by a two thirds majority vote.
7.5 A casual vacancy caused by such cessation of office will be filled by the Committee calling for nominations from the general meeting to fill that vacancy.
7.6 In the event of there being more than one candidate for any Office on the Committee, an election shall be held to fill that Office. The election shall be by secret ballot and shall be conducted by a person who is not a candidate for the Committee. In the event of such an election, the candidate gaining the largest number of votes shall be declared elected. If candidates receive an equality of votes, the choice between them shall be made by a draw from the hat.
7.7 The Committee shall meet as necessary, but not less than four (4) times in each year.
7.8 The Committee may adjourn or otherwise regulate their meetings as they think fit.
7.9 The quorum necessary for a Committee Meeting shall be one in excess of half the number appointed. Questions at a meeting will be decided by a vote whereof each member shall have one vote. In the case of tied vote, the Chairman shall have the casting vote.
7.10 Where an Office is held by more than one person then only one (1) vote is allowed (unless one person also holds another Office on the Committee). Coopted Committee members shall not be entitled to vote.
7.11 The rules under ‘Meetings’ dealing with chairmanship of meetings shall also apply to the Committee.
7.12 Committee meetings shall be called by the Secretary on the authority of the President.
7.13 The Committee may from time to time suspend, make or repeal by-laws for the good government of the Association, provided that no by-laws shall be repugnant to or inconsistent with this constitution.
7.14 The Committee, or the Association at any general meeting, may establish a Sub- Committee for any purpose. The President and at least one other Committee Member shall be Ex-officio members of each Sub-Committee The Association at any meeting may provide for, or allocate, funds to a Sub-Committee, fix limits of commitment, or otherwise direct the Sub-Committee and shall require reporting as deemed necessary. 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 had, if it had been done or suffered by the Committee. The Committee may, by instrument in writing revoke wholly or in part any delegation under this rule.
7.15 Duties of Committee Officers
These are as specified in the By-laws.
7.16 Authority of the Committee.
7.16.1 The Committee, subject to.The Act, this Constitution and any resolution
passed in general meeting:-
i. shall control and manage the affairs of the association;
ii. may exercise all such functions as may be exercised by the Association other than those functions that are required by these rules to be exercised by the Association in general meeting; and
iii. has the 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 Association.
7.16.2 The Committee shall at all times keep the Association informed of its actions and major considerations, and seek approval prior to any long term or major commitment.
8. MEETINGS
8.1 General Meetings
The Association shall hold regular general meetings to transact such business as necessary. The quorum for a general meeting (including Special General and the Annual General Meeting) shall be 30 financial members, or if there are less than 60 financial members of the Association at any time, 50% of the financial members.
8.2 Annual General Meetings.
8.2.1 On or before 1 December each year, the Association shall hold an Annual General Meeting at a time and place of which at least four ( 4 ) weeks notice has been given to members by a notice published in “The Colonial” at least four ( 4 ) weeks prior to the date of the meeting.
8.2.2 The notice concerning the Annual General Meeting shall include the Agenda of business to be conducted at the meeting including notice of any motions dealing with matters of substance to be considered by the meeting.
8.2.3 In addition to any other business that may be dealt with, the Annual General Meeting shall:
i receive and consider a Report from the President on the Association’s activities for the preceding year, and on current business before the Committee requiring its attention in the coming year;
ii. receive the audited financial statements;
iii receive estimates and if appropriate adopt known on going expenditure commitments of the Association for the coming year;
iv. elect the Committee for the ensuing period, to the next Annual General Meeting;
v. appoint an Auditor.
vi. appoint a Public Officer.
8.2.4 The President (or when the President is unavailable, the Vice President) shall preside at all meetings of the Association and of the Committee. In the event that neither is present, the members attending may elect one of their number to chair the meeting. The Chairperson, once taking the chair, shall retain that position during the meeting notwithstanding that the President or Vice President may afterwards attend.
8.2.5 Association meetings will be held in accordance with normal rules of debate.
8.3 Special General Meeting.
A Special General Meeting may be called by the Secretary on the authority of the Committee, or requisition of 20 members, subject to the same notice and conditions as outlined in the preceding clauses, regarding the calling of Annual General Meetings, and the meeting shall be held within ninety (90 ) days of lodgement of the requisition.
9. VOTING
9.1 Voting at a general meeting shall be by person, (except as under Dissolution). Each member shall have one vote, subject to Membership Rights clauses (5.4.1).
9.2 Voting at all meetings shall be by a show of hands unless a poll is demanded forthwith, by more than three members. Unless otherwise provided in this Constitution, a simple majority of those voting shall be sufficient to carry a motion.
9.3 Only financial members shall have a vote.
9.4 Proxy voting is not provided for.
10 PROMULGATION AND ALTERATION OF THE CONSTITUTION
10.1 The Constitution shall be open to the inspection of all members and copies are to be maintained in the Association’s library for this purpose. Copies of the Constitution may be supplied to members upon such terms as the Committee may from time to time direct.
10.2 No changes shall be made to the Constitution without the sanction of three quarters of the members voting at any Special or Annual General Meeting.
10.3 A financial member may propose any change to the Constitution. Such proposal shall be in writing addressed to the Secretary and signed by the proposer and at least nineteen other financial members. Upon receipt of such a proposal to alter the Constitution, the Committee shall give notice of a Special General Meeting to consider such proposal. The Meeting shall be held within ninety (90) days of the lodgment of the proposal to the Secretary. Should there not be a quorum, the committee shall give notice again.
10.4 Upon the consideration of any proposal at a Special General Meeting, any member present may move to amend the proposal and if the Chairperson is of the opinion that the amendment is of such a nature as makes it unnecessary to give any further notice in connection therewith, such an amendment may be considered by the meeting and adopted or rejected.
10.5 Amendments to this Constitution shall be notified to the ACT Registrar General by the Public Officer within one month of their being adopted in accordance with Clause 13 of the ACT Associations Incorporation Act 1991.
10.6 The decision of the Committee on the construction or interpretation of any rule in the Constitution, or by law, shall be conclusive and binding on all members of the Association, unless and until, set aside or varied at a General or Special Meeting of the Association.
11. EVENTS
11.1 A charge may, at the discretion of the Committee, be made for any event organised by the Association, such fee to be determined by the Committee.
12. CONCESSIONAL REGISTRATION REGULATIONS
12.1 Vehicles shall, at all times, comply with current registration requirements and as detailed in the By-laws.
13. INCOME AND PROPERTY
The income and property of the Association shall be applied solely towards the promotion of the objectives of the Association.
14. ACCOUNTING
14.1 Proper accounts and records of the financial administration of the Association shall be kept in accordance with The Act.
14.2 A statement of income and expenditure shall be audited annually by an auditor appointed by the Annual General Meeting. The auditor shall not be a member nor the Public Officer of the Association. The audited statements shall be presented to the Committee following the close of each financial year of the Association.
14.3 The Auditor shall have the power to call for the production of all books, papers, accounts and documents relating to the affairs of the Association. The Auditor shall audit the Annual Balance Sheet and Statements of Accounts, and if they are found to be correct, shall certify them in writing under his hand before they are submitted to the Annual General Meeting, or if they are found to be incorrect shall specifically report thereon to the Committee who shall, after investigation, report to the Annual General Meeting.
14.4 The Association shall maintain such bank accounts as are necessary for the conduct of the affairs of the Association. All withdrawals or cheques shall be signed by two persons, one of whom shall be the Treasurer or the President and the other a member approved by the Committee.
14.5 The Treasurer shall prepare estimates of regular payments for the ensuing financial year for presentation to the Annual General Meeting. Expenditure not included in the budget must be approved by the Committee.
15. OFFICES
The offices of the Association shall be located at such place in the Australian Capital Territory as the Committee from time to time determines.
16. COMMON SEAL
The Common Seal shall be in the safe custody of the Public Officer. It shall never be used without authority of the Committee. Any document requiring execution under the Common Seal of the Association shall be witnessed by any two Officers of the Committee.
17. DISSOLUTION
17.1 The Association shall not be dissolved except at a Special General Meeting especially convened for the purpose, and of which at least one month’s notice has been given by the Committee. The Committee may propose dissolution of the Association at its own initiative, or on receipt of a proposal to that effect in writing signed by ten financial members of the Association. Any resolution to resolve to dissolve the Association must be carried out by a majority of at least 75% of those present voting at such a general meeting or submitting a postal vote.
17.2 If the Association is wound up this shall be in accordance with The Act.