Constitution

THE AVICULTURAL SOCIETY OF AUSTRALIA INCORPORATED

Constitution

OBJECTS

1.    The study of Australian and foreign birds.

2.   The conservation of birds at liberty and in a controlled environment.

3.   The promotion of the hygienic keeping, scientific feeding and breeding of birds in the best and most natural conditions possible.

4.   The arranging of lectures by visiting and local aviculturists and naturalists on matters relating to the selection, care and treatment of indigenous and foreign birds.

5.   The dissemination of avicultural information.

6.   The cultivation of friendly relations with organizations having similar objects in any part of the world.

7.   All birds shall come within the scope of the Society’s activities except poultry, domesticated and racing pigeons, budgerigars and canaries.

RULES

1.   The name of the Society shall be The Avicultural Society of Australia Incorporated.

2.   The Society shall be of a non-competitive nature and shall not arrange or promote competitive bird shows:

3.   The Society shall consist of Patron, Ordinary, Junior. Associate and Honorary Life Members.

4.   An Associate Member shall be a member of a family of which one person is already an Ordinary Member. Associate Members shall be entitled to all the privileges of membership except receipt of the Society’s publications.

5.   Only individual persons shall be eligible for membership.

6.   Any person who has at any time been convicted in a Court of Law of an offence under the provisions of any State or Commonwealth Act insofar as it related to the possession or handling of Australian and foreign birds shall be ineligible to become a member of the Society and any member who is so convicted shall immediately become ineligible to continue as a member. Provided that the Committee may review the circumstances of any such conviction and exercise discretion in the application of the prescribed restriction.

7.   Business, trade organizations, zoological gardens, fauna parks, fauna/wildlife organizations, schools, libraries, museums, government departments and institutions may subscribe to the Society.

8. Any person who has at any time been convicted in a Court of Law of an offence under the provisions of any State or Commonwealth Act, insofar as it relates to the possession or handling of Australian and foreign birds shall be ineligible to advertise in Australian Aviculture.

9. A Branch may be formed with the approval of the Committee. It must operate within the Constitution and Rules of the Society. 

10. The annual membership subscription paid by an Associate Member of a Branch of the Society shall be retained by the Society.

11. The monies and other assets of a Branch of the Society shall be controlled by that Branch. In the event of a Branch ceasing to function, or any other happening which results in the affairs of the Branch becoming unworkable, all monies of the Branch shall be transfered to the Treasurer of the parent body and be retained by that person in trust pending distribution to the members of the Branch. Such distribution shall be made by the Committee of the parent body in the proportion to the number of Branch meetings attended by each Branch member during the twelve months immediately prior to the said transfer. Against this contingency the Branch shall keep a register of attendances at meetings. The distribution of assets other than money shall be provided for in Branch Rules.

12. The names of all new members shall be published in Australian Aviculture.

13. The Committee shall determine members’ subscription rates and subscribers’ subscription rates from time to time and notify any change in Australian Aviculture. When a new member joins at either the November or December meeting that person shall be deemed to be financial for the year commencing the following 1st January.

14. A person becoming a member of the Society shall be entitled to all rights and privileges of membership as defined by these Rules.

15.  There shall be published by the Society a monthly journal known as Australian Aviculture and an account known as Australian Aviculture Publication Account shall be maintained in the books of the Society to record the receipts and expenditure relating to the printing, publishing and distribution of the journal.

16.  Honorary Life Membership may be granted by a resolution of a general meeting in recognition of services to the Society. An Honorary Life Member shall be exempt from payment of the annual membership subscription and shall be entitled to all rights and privileges of an ordinary member. A nomination for Life Membership shall be submitted in writing, signed by the nominator, to the Committee and notice thereof shall be given in the issue of Australian Aviculture appearing prior to the next general meeting. The Committee shall submit a recommendation on the nomination to such general meeting which thereon shall be submitted to the consideration of the general meeting

17.  All members whose subscription is one month in arrears shall automatically cease to be a member of the Society.

18.  A member resigning from the Society or ceasing to be a member thereof from any cause whatsoever shall not be entitled to or have any claim upon the property of the Society or any part thereof.

19.  In the event of any officer absenting himself from three consecutive Meetings of the Committee, he/she shall automatically cease to be a member of the Committee unless he/she has applied for and the Committee has granted him/her leave of absence. Any vacancy thus created shall be filled in the manner provided for in these Rules.

20.  A general meeting shall be held monthly at a time and place appointed by the Committee. The Annual General Meeting shall be held within five months of the end of the financial year.

21.  Every question submitted to a meeting may be decided by a show of hands. In the case of an equality of votes the Chairman shall have a casting vote in addition to his/her vote as a member. A declaration by the Chairman of the meeting that a resolution has been carried or not carried and an entry to that effect in the minutes of the Society shall be conclusive proof of the fact. All discussions shall be conducted in accordance with the ordinary rules of debate.

22.  A Special General Meeting may be called by the Committee at any time and shall be called, at the request of the President, Secretary, Treasurer or on a requisition in writing stating the object of the proposed meeting and signed by any ten or more members. A notice of any Special General Meeting stating the business to be transacted and specifying the day, hour and place of meeting as determined by the Committee shall be sent to each member at his last known address at least seven days before the proposed time of holding such meeting. At a Special General Meeting no business shall be transacted other than that of which notice has been given.

23. Twenty members shall form a quorum at any General Meeting. If within half an hour of the time appointed for a meeting a quorum is not present, the meeting, if convened on a requisition of members, shall be dissolved. In any other case it shall stand adjourned to a time and place determined by the Committee.

24.  The officers of the Society shall be a President, two Vice-Presidents, Secretary, Assistant Secretary, Treasurer, Editor, and a Committee of six, providing that the offices of Editor and of Treasurer may be held jointly with each other or another office. The Immediate Past President shall be a member of the Committee ex officio.

25.  All officers of the Society shall be elected annually by means of a vote of members present at the December Meeting, plus postal votes as outlined in Rule 25a. Officers shall retire annually but shall be eligible for re-election. All officers shall commence their duties on the first of January each year.

25a. A member may lodge by mail a postal vote based on the published nominations. The voter must number each and every nomination in order of preference. This must be handwritten and signed then lodged with the Returning Officer no later than five days prior to the election. Such votes, if deemed acceptable must be passed to the election counters for inclusion in the ballot. The Committee shall rule on all other matters pertaining to the elections.

26.  Nominations for all offices shall close at the General Meeting in the month of October. Nominations may be made verbally at the meeting, with the verbal consent of the nominee, or be in writing, signed by the proposer and nominee. If no nomination(s) is/are forthcoming at this or the two ensuing meetings, then the Committee may appoint a member to perform the duties of that position until the position is filled in the manner prescribed in Rule 32.

27. The Committee shall nominate persons to Appointive Positions that are deemed necessary for the Society to function effectively. The Auditor is an ongoing Appointive Position and the Committee shall nominate that person at the beginning of each Financial Year for the purpose of auditing the Society’s annual balance sheet.

28.  Persons holding Appointive Positions are not members of the Committee.

29.  The Committee shall meet at least once in every month and a majority of members thereof shall form a quorum.

30. The Committee shall have the general management of the Society’s affairs and shall regulate and decide all matters not specially provided for in these Rules. Matters requiring immediate attention may be dealt with by the President, Treasurer and Secretary in conjunction.

31.  A Special Meeting of the Committee may be summoned at any time by the Secretary at the request of the President, a Vice-President, Treasurer or any two members of the Committee. In the absence of the President or a Vice-President the Committee shall appoint a Chairman from among their number. The Chairman shall have a casting as well as a deliberate vote.

32.  In the case of a vacancy occurring among the Office Bearers, notice thereof shall be inserted in the issue of Australian Aviculture appearing prior to the next ensuing General Meeting, and the vacancy shall be filled at such General Meeting. Nominations may be made verbally at that meeting with the consent of the nominee or be in writing signed by the proposer and nominee.

33. The Secretary shall summon all meetings, take charge of all papers, conduct all correspondence, keep a record of the proceedings of the Society and maintain a roll of all members. The Secretary shall also make available these books and papers for inspection free of charge by any member upon written request.

34   The Treasurer shall collect and give receipts for all funds and bank all such funds not immediately required to the credit of the Society. The Treasurer must keep a record of all receipts and disbursements made on behalf of the Society, submit all accounts payable by the Society as and when they become due to the Committee and pay the same when they have been passed for payment by the Committee. He/she shall prepare and present to each ordinary General Meeting a financial statement of receipts and expenditure to the end of the preceding month. He/she shall prepare an annual balance sheet, which after being audited by the Society Auditor, shall be presented to the Annual General Meeting. The funds of the Society shall be derived from entrance fees, annual subscriptions, donations and other such sources as the Committee determines.

35. The Committee at its discretion may invest monies which are in excess of requirements to meet known liabilities. Such investments will be restricted to loans to government or semi-government bodies, first charge debentures, or Australian Banks.

36. The Auditor shall have the power at any time to examine the bank statement, accounts books, accounts and vouchers by the Treasurer and report thereon to the Committee. All Branches of the Society must submit their audited Financial Statements to the Treasurer of the Society by the 31st March each year.

37.  Any member may report to the Secretary any improper conduct on the part of another member, and the Secretary, on receipt of such complaint, shall report it to the Committee, which may depute one of its members to investigate and report on the complaint. If there appears to be good and sufficient grounds for the complaint, the member so accused shall be called upon to give an explanation to the Committee. If the member concerned fails or refuses to tender such explanation, or if the explanation so tendered is deemed unsatisfactory by the Committee, it may expel the member so accused from the Society. A member so expelled shall thereon cease to enjoy any of the rights and privileges of membership and shall have no claim or remedy whatsoever against the Society or any members thereof. The Committee may, at its discretion, give the expelled member the Right of Appeal. Following an Appeal Hearing the Committee’s decision shall be final and the case will be closed.

38.  These Rules shall only be added to, altered or rescinded by a resolution passed at a Special or Annual General Meeting, carried by a three-quarter majority of the members exercising the right to vote. Notice in writing shall be given to the Secretary of any proposed amendment, repeal or addition to the Rules and shall be published in Australian Aviculture before a vote is taken on the motion.

39.  In the event of the funds and assets proving insufficient to meet the liabilities of the Society, the Committee shall have the power to make a call on all members, to contribute weekly a sum not exceeding 10 cents per week until the deficiency is liquidated. Other than above provided in this Rule, no member of the Committee shall be personally responsible for any loss incurred by the Society.

40The legal, ownership of the Society shall be vested in the President, Vice-Presidents and Secretary for the time being in office, in trust for the use of the Society, but the Committee shall have full control over the expenditure of the funds and management of property of the Society.

41.  If on dissolution of the Society, there remains after satisfaction of all its debts and liabilities any assets whatsoever the same shall be liquidated and the proceeds distributed amongst Societies and Organizations deemed by the Committee as having similar Objects and Rules to the Society.

42. The Common Seal of the Society shall be kept in the custody of the Secretary, shall not be affixed except by the authority of the Committee and such affixing shall be attested by the signatures of two officers of the Society.

43.  Where there is a dispute between two members of the Society or a member and the Society, over matters pertaining to the Society, the parties to the dispute must meet, discuss and if possible, resolve the dispute within 14 days after the dispute comes to the attention of all parties involved. If the dispute is not resolved at this meeting then all parties must meet again within 10 days in the presence of a mediator. The mediator must be chosen by agreement between the parties, must not be a party to the dispute and must not determine the dispute. If the mediation process does not resolve the dispute, the parties may seek to resolve the dispute in accordance with the Associations Incorporation Act 1981 or otherwise at law.

28/7/16