CONSTITUTION OF THE CANBERRA ANTIQUE AND CLASSIC MOTOR CLUB (INC.)
Revised 10-09-2024
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 Club”.
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 Club are to:
3.1.1 bring together persons who sympathise with the Aims and Objectives of the Club 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 Club 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 Club’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 Club, and between this Club and all other Associations having like objectives.
3.1.10 offer the services of the Club, 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 Clubs or bodies as approved by the Club.
3.1.12 purchase such real estate, buildings, furniture and equipment, as deemed necessary to further the Club’s aims. Engage in fund raising to achieve these objectives, including the maintenance of such facilities after acquisition.
3.1.13 be a non-profit organization. Surplus funds may be used:
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for Club purposes or in accordance with the aims of the Club;
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for donations to charities; or
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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 Club shall have the power to:
4.1.1 hold meetings and organise and conduct activities in the name of the Club.
4.1.2 produce, print and publish, and distribute a newsletter or other newspaper, periodicals, books, leaflets or publications that the Club may think desirable for the promotion of its objectives.
4.1.3 raise funds for the purposes of the Club including by any of the following means:
ii. gifts or donations;
ii. subscriptions;
iii. advertising or sponsorship in connection with Club activities
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 Club
4.1.5 appoint, remove or suspend any persons that may be necessary or convenient for the purpose of the Club.
4.1.6 manage the assets of the Club.
4.1.7 make donations to such charities or in such circumstances, as the Club 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 Club.
4.1.9 do all such other things as the Club deems to be conducive to the Club’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 Club 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 Club 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 Club:
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 Club 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 Club or the costs, charges and expenses of the winding up of the Club is limited to the amount, if any, unpaid by the member in respect of membership of the Club as detailed in Section 9.
6.2 As every member on payment of their subscription becomes entitled to the benefits and privileges of the Club, such payments shall be deemed a declaration of their submission to the rules and laws of the Club and to the obligations and liabilities imposed thereunder.
6.4 Any members breaking or damaging any article belonging to or in use by the Club 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 Club 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 Registrar,
7.1.6 Additional members elected in General Meeting to undertake specific offices and responsibilities that have been defined in the by-laws.
7.1.7 Members coopted from time to time to the Committee by resolution, because of their special expertise or background experience or to take up an office which has become vacant.
Cooption of a member to the Committee under this provision is to be put to a subsequent General Meeting for ratification.
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 cease to be members for any of the reasons set out in the by-laws;
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 or providing an explanation accepted by the Committee.
7.4 A member or members, of the Committee may be removed from office at a Special General Meeting of the Club 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 of Committee members elected or appointed under Rule 7. Questions at a Committee meeting will be decided on the voices unless any member calls for a vote. In any vote, each member shall have one vote. In the case of a tied vote, the Chairman shall have the casting vote.
Co-opted Committee members shall not be entitled to vote unless their co-option has been ratified at a General Meeting as per Rule 7.1.7.
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).
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 Club, provided that no by-laws shall be repugnant to or inconsistent with this constitution.
7.14 The Committee, or the Club at any general meeting, may establish a Sub-Committee for any purpose. The Club 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. An officer may hold more than one office concurrently, subject to the applicable provisions for appointment of Committee officers.
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 Club;
ii. may exercise all such functions as may be exercised by the Club other than those functions that are required by these rules to be exercised by the Club 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 Club.
7.16.2 The Committee shall at all times keep the Club 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 Club 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 20 financial members, or 50% of the financial members, whichever is the lesser.
8.2 Annual General Meetings.
8.2.1 On or before 1 December each year, the Club 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 an official organ of the Club 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 Club’s activities for the preceding year, and on current business before the Committee requiring its attention in the coming year;
ii. receive the audited or reviewed financial statements;
iii receive estimates and if appropriate adopt known ongoing expenditure commitments of the Club for the coming year;
iv. elect the Committee for the ensuing period, to the next Annual General Meeting;
v. adopt a process for appointment of an Auditor or Reviewer consistent with the relevant provisions of the Act and Regulations applying to Registered Associations in the ACT.
8.2.4 The President (or when the President is unavailable, the Vice President) shall preside at all meetings of the Club 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 Club 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 and remote participation may be permitted in accordance with the provisions in the Model Rules under the Act.
10 PROMULGATION AND ALTERATION OF THE CONSTITUTION
10.1 The Constitution shall be open to the inspection of all members. 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 Any change to the Constitution may be proposed by
(i) The Committee after a process of consultation; or
(ii) Any financial member, by proposal 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 lodgement 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.
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 Club, unless and until, set aside or varied at a General or Special Meeting of the Club.
11. EVENTS
11.1 A charge may, at the discretion of the Committee, be made for participation in any event organised by the Club, such fee to be determined by the Committee.
12. CONCESSIONAL REGISTRATION REGULATIONS
12.1 Vehicles certified by the Club as eligible for Concessional Registration shall, at all times, comply with current registration requirements of the Territory or State in which they are registered.
13. INCOME AND PROPERTY
The income and property of the Club shall be applied solely towards the promotion of the objectives of the Club.
14. ACCOUNTING
14.1 Proper accounts and records of the financial administration of the Club shall be kept in accordance with The Act.
14.2 A statement of income and expenditure shall be reviewed annually by an auditor or reviewer (the auditor) appointed by the Annual General Meeting or a subsequent General Meeting. The auditor shall not be a member of the Committee, nor the Public Officer, of the Club. The audited or reviewed statements shall be presented to the Committee following the close of each financial year of the Club.
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 Club. 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 Club shall maintain such bank accounts as are necessary for the conduct of the affairs of the Club. All withdrawals, cheques or electronic payments shall be authorised by two persons, one of whom shall be the Treasurer or the President and the other a Club member approved by the Committee.
15. OFFICES
The offices of the Club 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 Club shall be witnessed by any two Officers of the Committee.
17. DISSOLUTION
17.1 The Club 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 Club at its own initiative, or on receipt of a proposal to that effect in writing signed by ten financial members of the Club. Any resolution to resolve to dissolve the Club 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 Club is wound up this shall be in accordance with The Act.