WATPA Team Penning Constitution

1.0

NAME
The name of the Association shall be West Australian Team Penners Association Inc. (WATPA) hereinafter referred to as the Association.
   

2.0

DEFINITIONS
 

In these rules, unless the contrary intention appears-

"Annual General Meeting" is the meeting convened under rule 8.4.

"Committee Meeting" means a meeting referred to in rule 8.2.

"Committee Member" means person referred to in rule 6.

"Convene" means to call together for a formal meeting;

"Department" means the government department with responsibility for administering the Associations Incorporation Act (1987)

"Financial Year" means a period not exceeding 15 months fixed by the Committee, being a period commencing on the date of incorporation of the Association and ending on 30 June; and thereafter each period commencing 1 July and ending on 30 June in the following year;

"General Meeting" means a meeting to which all members are invited;

"Member" means member of the Association;

"Ordinary Resolution" means resolution other than a special resolution;

"Poll" means voting conducted in written form (as opposed to a show of hands);

"Special General Meeting" means a general meeting other than the annual general meeting;

"Special Resolution" has the meaning given by section 24 of the Act, that is-

A resolution is a special resolution if it is passed by a majority of not less than three-fourths of the members of the association who are entitled under the rules of the association to vote and vote in person or, where proxies or postal votes are allowed by the rules of the association by proxy or postal vote, at a general meeting of which notice specifying the intention to propose the resolution as a special resolution was given in accordance with those rules.

At a meeting at which a resolution proposed as a special resolution is submitted, a declaration by the person presiding that the resolution has been passed as a special resolution shall be evidence of the fact unless, during the meeting at which the resolution is submitted, a poll is demanded in accordance with the rules of the Association or, if the rules do not make provision as to the manner in which a poll may be demanded, by at least 3 members of the association present in person or, where proxies are allowed, by proxy.

If a poll is held, a declaration by the person presiding as to the result of a poll is evidence of the matter so declared.

"the Act" means the Associations Incorporation Act 1987;

"the Association" means the Association referred to in rule 1;

"the Chairperson" means- (a) in relation to the proceedings at a Committee meeting or general meeting, the person presiding at the Committee meeting or general meeting in accordance with rule 6.1.

"the Commissioner" means the Commissioner for Fair Trading exercising powers under the Act;

"the Committee" means the Committee of Management of the Association referred to in rule 10 (1);

"the Secretary" means the Secretary referred to in rule 6.0

"the Treasurer" means the Treasurer referred to in rule 6.0

"the Vice-Chairperson" means the Vice-Chairperson referred to in rule 6.0.
   

3.0

OBJECTS
 

THE OBJECTS OF THE Association are:

  1. To foster interest in horsemanship in general
  2. To promote Team Penning and related sports
  3. To aquire, develop and maintain premises for the benefit of members.
  4. To encourage and assist members to develop rider and horse skills.
   

4.0

POWERS
  In addition to the Committee powers outlined in clause 7.1, the Association shall have the following powers:
  4.1 To purchase, take lease, exchange, hire or otherwise aquire any real or personal property which may be deemed necessary or convenient for the attainment of any of the objects of the Association.
  4.2 To enter any arrangement with other incorporated bodies which would be beneficial to the Association.
  4.3 To create and dismiss such sub-committees as will assist the Association in the pursuance of the objects and to allocate those sub-committees such powers as are necessary for them to conduct their business
  4.4 To do all such other things as are incidental or conducive to the attainment of the objects of the Association or any one of them.
   

5.0

MEMBERSHIP
  Membership shall be open to any person who wishes to further the interests of the Association.
  5.1 Any person seeking membership shall make application on the prescribed form to the Management Committee and the Management Committee shall determine the success and class of such proposed membership. Applications must be signed personally by the applicant. Applicants denied membership shall be advised in writing.
  5.2 Each person admitted to membership shall be bound by the constitution and By-Laws of the Association and be entitled to all advantages and privilages of membership.
  5.3 Members may inspect the Clubs records and documents on request
  5.4 A Register of members shall be kept at all times by the secretary at his/her place of residence, or at such other place as the members at a general meeting decide
  5.5 MEMBERSHIP CATEGORIES:
    5.5.1 Family Membership
    Consists of two (2) Adults and children of the same family under the age of seventeen (17) years. Family membership entitles two (2) voting rights, which allows them to hold any office and have full privileges of the Association.
    5.5.2 Single Adult Member
    Any person who is a financial member of the Association in this class is entitled to hold any office and enjoy full privileges of the Association.
    5.5.3 Single Child Member
    Any person under the age of seventeen 17) and will hold no voting power.
    5.5.4 Social Member
    Any person who has interests in the Association but who does not wish to participate in the Sporting activities or have ordinary membership of the Association and will have no voting power.
    5.5.5 Life Member
    Life Membership is a position of honour for a person whas given outstanding service to the Association. Any member may nominate a person to the Management Committee for possible election, by that committee as Life Member.
    5.5.6 Patron
    The Association may at their discretion choose a patron/s or vice patron/s of the club for such period as may be deemed suitable. Such person would be interested in the Association and capable of promoting its interest.
    5.5.7 Affilitates
    Any body (real or corporate) desirous of becoming affiliated with the Association must make application in accordance with the By-Laws of the Association. Such applications must be lodged with the Association Secretary. Each affiliate accepted for membership shall appoint or elect a delegate to represent the affiliated group on the Association Management Committee
  5.6 All members will be bound by the rules of the Association so far as their conduct and dealings affect the operation or name of the Association.
  5.7 Cessation of Membership
    A membership will cease due to the following events:
    5.7.1 A members resignation given in writing to the Association Secretary. In this case any outstanding monies owed to the Association remain due and can be pursued.
    5.7.2 A members death
  5.8 Termination of Membership
    Any membership may be terminated because of the following events:
    5.8.1 False or inaccurate statements made in the members application for membership of the Association.
    5.8.2 A serious or persistent breach of any rule, regulation or By-Law of the Association or the commission on any act which could be detrimental to the Association.
  5.9 The Management Committee shall have the power to suspend or expel any member of the Association for any of the events in section 5.8.1 or 5.8.2. A member whose membership is being examined will be told of the alleged breach and has the right to be present at any hearing and to be heard. Such hearing times and places must be reasonable to all parties.
  5.10 Any member who is expelled, suspended or has their membership terminated shall have the right to appeal against their suspension, expulsion or termination by presenting their case to a General Meeting called for such a purpose. Voting to be at least two thirds (2/3) majority of financial members present. This mechanism is final and determinations of such General Meetings shall be binding.
   

6.0

MANAGEMENT OF THE ASSOCIATION
 

Management of the Association shall be vested in a Management Committee elected by the Members consisting of:

  • President
  • Vice President
  • Secretary
  • Treasurer
  • Minimum of 10 Committee Members including Office Bearers
  • Affiliates delegates, or such other offices decided by the General Meeting
  6.1 The Chairperson will be nominated at the commencement of each Committee Meeting.
  6.2 The Management Committee may fill by appointment any vacancy occurring through events outlined in clause 5.7 or 5.8. The appointment is valid only until the next Annual General Meeting.
  6.3 The positions of President, Secretary and Treasurer will be opened for re-election at an annual general meeting every twelve (12) months with no maximum term.
  6.4 A casual vacancy occurs in the office of a Committee member and that office becomes vacant if the Committee member-
    6.4.1 Dies
    6.4.2 Resigns by notice in writing delivered to the President or, if the person is the President delivered to the Vice President and that resignation is accepted by resolution of the Committee.
    6.4.3 Is convicted of an offence under the act.
    6.4.4 Is permanently incapacitated by mental or physical ill health.
    6.4.5 Is absent from more than-
      (a) 3 consecutive Committee Meetings, or
      (b) 3 Committee meetings in the same financial year without tendering an apology to the person presiding at each of those Committee meetings of which meetings the member received notice, and the Committee has resolved to declare the office vacant, or
      (c) Ceases to be a member of the Association, or
      (d) Is the subject of a resolution passed by a general meeting of members terminating his or her appointment as a Committee member.
       

7.0

POWERS OF THE MANAGEMENT COMMITTEE
  The Management Committee shall carry out the day to day running of the Association assuming the powers conferred on the Association in Section 3 and shall be responsible and empowered to ensure the following:
  7.1 Administration of the finances of the Association, including authorities to sign cheques and other documents by any two (2) of the following Office Bearers, President, Secretary or Treasurer.
  7.2 Appointment of the Bankers of the Association.
  7.3 Directing the opening of banking accounts for specific purposes and to transfer funds from one account to another and close any such account.
  7.4 Fixing the manner in which such banking accounts shall be operative and providing all payments are passed by the Management Committee at an authorised meeting.
  7.5 Fixing fees and subscriptions payable by members and deciding such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof.
  7.6 Adjudication on all matters brought before it which in any way affect the Association.
  7.7 Cause minutes to be made of all proceedings at meetings of the Committee and General Meeting of members.
  7.8 Make, amend and rescind rulings and By-Laws.
  7.9 Form and appoint any sub-committee required.
  7.10 Where felt necessary for reasons of fairness, equity or good governance, to withdraw telemeeting privileges outlined in Section 7 or other privileges
  7.11 At their discretion, employ a person or persons to carry out duties required by the Association at salaries or renumerations for such period of time as may be deemed necessary and beneficial to the Association.
     

8.0

The SECRETARY
  The Secretary must -
  (a) Co-ordinate the correspondence of the association.
  (b) Keep full and correct minutes of the proceedings of the Committee and of the Association.
  (c) Comply on behalf of the Association with-
    (1) section 27 of the Act with respect to the register of members of the Association, as referred to in rule 5.
    (2) Section 28 of the act by keeping and maintaining in an up to date condition the rules of the Association and, upon the request of a member of the Association, must make a copy of or take and extract from the rules but will have no right to remove the rules for that purpose, and
    (3) Section 29 of the Act by maintaining a record of:-
      (A) the names and residential addresses of the persons who hold the offices of the Association provided for by these rules, including all offices held by the persons who constitute the Committee and persons who are authorised to use the common seal of the Association under rule 15 and
      (B) the names and residential addresses of any persons who are appointed or act as trustees on behalf of the Association, and the Secretary must, upon request of a member of the Association, make available the record for the inspection of the member and the member may make a copy of or take and extract from the record but will have no right to remove the record for that purpose.
  (d) unless the members resolve otherwise at a general meeting, have custody of all books, documents,records and registers of the Association, including those referred to in paragraph (c) but other than those required by rule 9 to be kept and maintained by, or in the custody of the Treasurer and
  (e) perform such other duties as are imposed by these rules on the Secretary.
     

9.0

The TREASURER
  The Treasurer must -
  (a) be responsible for the receipt of all moneys paid to or received by him or her on behalf of the association and must issue receipts for those moneys in the name of the Association.
  (b) Pay all moneys referred to in paragraph (a) into such account or accounts of the Association as the Committee may from time to time direct.
  (c) Make payments from the funds of the Association with the authority of a general meeting or the Committee and in so doing ensure that all cheques are signed by mimself or herself and at least one other authorised Committee member, or by two others as are authorised by the Committee.
  (d) Comply on behalf of the Association with sections 25 and 26 of the Act with respect to the accounting records of the Association by-
    (1) Keeping such accounting records as correctly record and explain the financial transactions and financial position of the Association.
    (2) Keeping its accounting records in such a manner as will enable true and fair accounts of the Association to be prepared from time to time.
    (3) Keeping its records in such a manner as will enable true and fair accounts of the Association to be conveniently and properly audited. And
    (4) Submitting to members at each annual general meeting of the Association accounts of the Association at the end of the immediately preceding financial year.
  (e) whenever directed to do so by the Chairperson, submit to the Committee a report, balance sheet or financial statement in accordance with that direction.
  (f) Unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Association, including those referred to in paragraphs (d) and (e) and
  (g) Perform such other duties imposed by these rules on the Treasurer
     

10.0

MEETINGS
  The committee shall be responsible for ensuring sufficient meetings are held for the Good governance of the Association.
   
  10.1 Committee Meetings
    The Committee shall meet at times and places as decided by it and convenient to members of the committee. It may allow members to teleconference into the meeting where special circumstances warrant.
     
    10.1.1 Telemeetings
      Where circumstances warrant the Committee may meet by teleconference. In these circumstances meeting procedures must be agreed at the commencement of the meeting, unless there is a general procedure previously adopted by the Association. These procedures must include voting and recording of proceedings.
       
  10.2 General Meetings
    The Association shall hold General Meetings at lease twice (2) a year at times and places which would be conducive to attendance by all members. These meetings are a forum for members to raise issues about the programs, management or activities of the Association. This is in addition to the other meetings listed below.
     
  10.3 Annual General Meetings
    (a) The Annual General Meeting of the Association shall be held not later than the last week in august each year.
    (b) The Secretary shall give at least fourteen (14) days notice of the date of the Annual General Meeting to the Association members.
    (c) All members may attend the Annual General Meeting.
    (d) The AGM shall only conduct business which includes annual reports from officers, receipt of audited financial statements, election of officers, motions regarding changes to the Constitution or By-Laws for which notice has previously been given and other relevant business for which notice was given prior to calling the AGM.
       
  10.4 Special General Meetings
    (a) A Special General Meetings may be called at the request of the Secretary and with approval of the President, or shall be called at the written request of ten (10) members of the Association.
    (b) The Secretary shall give at least seven (7) days notice of the date of the Special General Meeting to members. Notice of the Special General Meeting shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that Special General Meeting.
       

11.0

QUORUMS
  11.1 The quorum at General Meetings, Annual General Meetings and Special General Meetings shall be one more than half the current financial members.
  11.2 The quorum at the Committee Meetings, including Telemeetings shall be one more than half of the Committee members.
  11.3 Should a quorum not be present at time set for the meeting, there shall be a delay, at the discretion of those present of up to 30 minutes. At that time, the meeting if no quorum is still not present, those present and entitled to vote, which must include all Office Bearers, shall be authorised to carry out any legitimate business which the meeting would otherwise be entitled to undertake.
     

12.0

VOTING
  12.1 At General Meetings
    (a) Each adult Family Member, single Adult, Life Member or Affiliate present shall have one (1) vote.
    (b) The meeting may authorise that a member can join the meeting by teleconference and that their vote may be cast and be valid.
    (c) The Chairperson shall have a deliberate vote and in the event of a tied vote, shall exercise a casting vote which must be used to retain the status quo.
       
  12.2 At Management Committee Meetings
    (a) Each eligible member present shall have one (1) vote.  In the  event of a tied vote the status quo will remain.
    (b) When teleconferencing or telemeetings are authorised the eligible members shall have the same voting rights as if they were present
       

13.0

FINANCE
  The control of all finances of the Association lies with the Management Committee through the Treasurer and managed consistent with Section 6 of this Constitution.
  13.1 The income and property of the Association shall be applied solely towards the promotion of the objects of the Association. No portion of the income or property shall be paid transferred or distributed directly or indirectly to the members of the Association provided that nothing shall prevent the payment in good faith of the renumeration to any officer or employee of the Association or to any person other than a member in return for services rendered to the Association.
  13.2 The financial year of the Association shall commence on the first day of July and end on the last day of June each year.
  13.3 All funds of the Association shall be deposited in to accounts of the Association at such banks or recognised financial institution as the Management Committee may determine.
  13.4 All accounts due by the Association shall be paid by cheque after having been passed for payment at the Management Committee or General Meeting or under a delegated authority.
  13.5 The Secretary may be allocated an amount of Petty Cash and shall keep a record of such expenditure and report it to the Committee Meetings.
  13.6 A statement showing the financial position of the Association shall be provided by the Treasurer at each Management Committee Meeting and General Meeting. An independently audited statement of Income and Expenditure and a Balance Sheet of Assets and Liabilities shall be submitted to the Annual General Meeting.
     

14.0

AUDITOR
  The Association shall appoint an Auditor or Auditors who shall examine and audit all the financial affairs of the Association annually.
  14.1 The Auditor shall be provided after the end of the financial year, all relevant books, papers, accounts or receipts of the Association.
  14.2 In Addition to the annual report on finances, the Auditor may be requested to provide reports on specific matters at any other given time as requested by the Management Committee.
     

15.0

INSPECTION OF RECORDS
  A member may at any reasonable time inspect the records without charge the books, documents, records and securities of the Association.
   

16.0

ALTERATIONS TO THE CONSTITUTION
  16.1 No Alteration, repeal or addition shall be made to the constitution except by authorisation of an Annual General Meeting called for that purpose. Motions for change must be passed by a three quarter (3/4) majority of those present and entitled to vote at the meeting.
  16.2 Notice of all such motions to alter, repeal or add to the Constitution shall be in writing and shall be signed by the proposer and seconder and provided by the Secretary in time for circulation to members with meeting notice.
     

17.0

BY-LAWS
  By-Laws can be created or altered at any General Meeting or Management Committee Meetings. They can be about any matter which assets the good management of the Association or Any of its undertakings. They are only valid while consistent with the constitution.
   

18.0

COMMON SEAL
  The Association shall have a common seal which shall be kept in custody of the Secretary and shall only be used when authorised by the Association through a meeting resolution. Every deed, instrument or document upon which the seal is used shall be signed by the President and countersigned by an authorised Committee member.
   

19.0

INTERPRETATION OF THE CONSTITUTION
  In the case of any questions arising not provided for in the Constitution or as to the interpretation of the constitution, the majority decision of the Management Committee shall be taken and acted upon. Such decisions may be challenged or overturned by members at a General Meeting.
   

20.0

DISSOLUTION
 

A Special General Meeting called for that purpose, may by a three quarter (3/4) majority of the members present and voting, resolve to dissolve the Association. The association shall be thereupon dissolved.

The notice convening such Special General Meetings shall state that the dissolution of the Association is to be proposed or confirmed as the case may be.

In the Event of the Association ceasing business, a twelve (12) month period to be given and at the end of that twelve (12) months, if not enough persons are present for a quorum, then the Association is deemed to have been dissolved. If upon the dissolution or winding up of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to, transferred or distributed amongst the members of the Association. It shall be given to another incorporated association with similar interests, to those of the Association, or distributed for charitable purposes, as determined by the Special General Meeting.
   

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