The Constitution of the University Computer Club.
Notes:
History of Amendments available here.
The document below is a transcription of the official document that was submitted to the Department of Commerce.
A copy of the official Constitution can be found at here, and takes
precedence should the transcription differ from the original.
Known Inconsistency:
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The above date, 4 June 1976, and the below date, 4 June 1980, are taken
from the original copy of the constitution and associated notes. One of
these dates is clearly incorrect.
The following text is a copy of the University Computer
Club constitution to be maintained by the Secretary of the University
Computer Club.
Transcribed 19 February 1996 by James Bromberger, Webmaster.
Updated 29 January 1998 by Mark Tearle, Secretary.
Updated and Verified 29 September 1999 by David Luyer, Secretary.
Updated 7 October 1999 by David Luyer, Secretary.
Updated 9 June 2011 by Andrew Adamson, President.
Do not edit below this point except as a result of an amendment
passed at a General Meeting.
Constitution
(Adopted on 21-Sep-1974)
(Amended on 4-Jun-1980)
(Amended on 16-Feb-1996)
(Amended on 23-Jan-1998)
(Amended on 6-Oct-1999)
(Amended on 16-Dec-2010 and 8-Mar-2011 for incorporation)
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Name
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Definitions
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Objects
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Executive
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Committee
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Membership
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Honorary Life Membership
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Patron and Vice Patron
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Election
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Duration of Office
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Duties of the Committee
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Exercise of Powers
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Powers of the Club
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Common Seal of the Club
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Proceedings of Committee
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Ordinary Meetings
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Notice of Meetings
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Special Meetings
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Quorum
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Declaration of Pecuniary Interest
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Voting
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Rules of Debate
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Duties of the Committee Members
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President
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Vice-President
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Secretary
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Treasurer
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Ordinary Committee Members
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First Year Representative
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Vacancies
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Resignation
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Absence
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Election
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General Meetings
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Ordinary General Meeting
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Notice of Meeting
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Special General Meeting
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General Meeting Called by Ordinary
Members
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Powers of a General Meeting
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Agenda
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Notice of Motion
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Quorum
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Rules of Debate
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Chair
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Voting
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Procedure for Motions
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Delegates
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Removal from Office
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Cancellation of Membership
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Finance
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Policy
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Interpretation of the Constitution
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Amendments to the Constitution
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Interim Measures
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Commercial Exploitation
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Inspection of Constitution, records, etc.
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Dissolution
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Name
The name of this organisation shall be:
The University Computer Club Inc.
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Definitions
Throughout this Constitution, unless the context otherwise indicates, the
following terms shall have the meanings set against them:
- "Club"
- The University Computer Club Inc.
- "financial year"
- A period commencing on the date of incorporation of the Club and ending on 31
December; and thereafter each period commencing 1 January and ending 31
December in the same year
- "General Meeting"
- Annual General Meeting or other Ordinary or Special General Meeting.
- "special resolution"
- A resolution is a special resolution if it is passed by a majority of not less
than three-fourths of the members of the Club who are entitled under the rules
of the Club to vote and vote in person
- "the Act"
- The Associations Incorporation Act 1987
- "the Commissioner"
- The Commissioner for Consumer Protection exercising powers under the Act
- "University"
- The University of Western Australia
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Objects
The objects of the Club shall be as follows:
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To be an organised association of students attending The University of Western
Australia, and supporters, for the advancement of computer science and technologies,
both at the University and in the broader community.
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To co-operate with all bodies of similar aims.
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The property and income of the Club shall be applied solely towards the promotion of
the objects of the Club and no part of that property or income may be paid or
otherwise distributed, directly or indirectly, to any person or body, except in good
faith in the promotion of those objects.
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Executive
The Executive of the Club shall consist of the following members:
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The President
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The Vice-President
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The Secretary
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The Treasurer
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Committee
The Club shall be governed by the Committee.
The Committee of the Club shall consist of the following members:
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The President
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The Vice-President
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The Secretary
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The Treasurer
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Three Ordinary Committee Members
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The First Year Representative
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Membership
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Membership is open to any person who shares the aims of the Club and agrees to
comply with the Constitution and rules of the Club.
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A subscription for ordinary membership may be payable to the Club if the Committee
so desires.
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All members must comply with all provisions relating to affiliated societies included
in the Guild Statute Book.
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Honorary Life Membership
The Club in General Meeting may by a two-third majority of those present
and voting confer Honorary Life Membership upon any member who has
performed outstanding service to the Club.
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Patron and Vice Patron
The Club at the General Meeting may elect a Patron and Vice Patron who if
they indicate their willingness so to act shall hold office until the
succeeding Annual General Meeting.
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Election
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The following members of the Committee shall be elected at the Annual
General Meeting:
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The President
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The Vice-President
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The Secretary
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The Treasurer
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Three Ordinary Committee Members
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First Year Representative
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The Secretary shall call for nominations for the above positions at
least ten days before the date of the Annual General Meeting. The
nominations shall close at that meeting.
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Any member who has been nominated for a position and is unable to attend
the Annual General Meeting must notify the Secretary of his or her
acceptance of said position, in writing, before the close of nominations.
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Only students at The University of Western Australia who are financial
members of the Student Guild of The University of Western Australia
may hold positions on the Executive.
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The First Year Representative must be a student at The University of
Western Australia in first year for the first time and an ordinary
member of the Club.
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Any members of the Club may hold a position of ordinary Committee
member.
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Any members of the Club may vote for the positions of Committee
members.
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Duration of Office
The members of the Committee shall remain in office until the close of the
succeeding Annual General Meeting, except as elsewhere provided in the
Constitution.
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Duties of the Committee
The Committee shall be responsible to the Club in General Meeting for
giving effect to the objects of the Club.
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Exercise of Powers
The Committee shall only exercise its powers at a properly convened
meeting of the Committee, except as elsewhere provided in the Constitution.
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Powers of the Club
The Club may do all things necessary or convenient for carrying out its objects and purposes,
and in particular, may:
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acquire, hold, deal with, and dispose of any real or personal property;
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open and operate bank accounts;
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invest its money:
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in any security in which trust monies may lawfully be invested; or
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in any manner authorised by the rules of the Club;
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borrow money or incur overdrafts provided always that the total long term liabilities
of the Club shall not exceed one hundred dollars, unless otherwise approved by a
General Meeting;
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give such security for the discharge of liabilities incurred by the Club as the Club
thinks fit;
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appoint agents to transact any business of the Club on its behalf;
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enter into any other contract it considers necessary or desirable; and
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act as trustee and accept and hold real and personal property upon trust, but does not
have the power to do any act or thing as a trustee that, if done otherwise than as a
trustee, would contravene the rules of the Club.
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Common Seal of the Club
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The Club must have a common seal on which its corporate name appears in legible
characters.
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The common seal of the Club must not be used without the express authority of the
Committee and every use of that common seal must be recorded by the Secretary.
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The affixing of the common seal of the Club must be witnessed by any two Executive
members.
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The common seal of the Club must be kept in the custody of the Secretary or of such
other person as the Committee from time to time decides.
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Proceedings of Committee
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Ordinary Meetings
The Committee shall meet at least once a month at such times and
places as the President or the Committee may determine.
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Notice of Meetings
The Secretary shall cause all members of the Committee to receive
written or email notice of any meeting of the Committee at least four
days before the date of the meeting.
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Special Meetings
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The Secretary shall forthwith call a meeting of the Committee upon
receiving a written requisition from at least three members
thereof; and such special meetings shall be held not later than
seven days immediately following the receipt of such requisition.
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If the Secretary fails to annouce a meeting within 3 days, any one
of the members signing the requisition may do so and must give the
same notice as required of the Secretary.
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Any business set out in the requisition shall have priority over
all other business.
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Quorum
The quorum for a meeting of the Committee shall be four members of the
Committee at least two of which are members of the Executive.
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Declaration of Pecuniary Interest
A Committee member having any direct or indirect pecuniary interest in a contract, or
proposed contract, made by, or in the contemplation of, the Committee (except if that
pecuniary interest exists only by virtue of the fact that the member of the Committee
is a member of a class of persons for whose benefit the club is established), must:
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as soon as he or she becomes aware of that interest, disclose the nature and
extent of his or her interest to the Committee; and
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not take part in any deliberations of decision of the Committee with respect to
that contract.
Sub-rule 5.1 does not apply with respect to a pecuniary interest that exists only by
virtue of the fact that the member of the Committee is an employee of the Club.
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Voting
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Only members of the Committee are entitled to vote at a meeting of
the Committee.
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Except where stated otherwise in the Constitution, a motion shall
be passed if a majority of those present and eligible to vote cast their vote in
favour of the motion.
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Rules of Debate
Any member of the Committee may demand at any meeting of the Committee that
the meeting be conducted in accordance with the current edition of Robert's Rules of
Order Newly Revised in all cases to which they are applicable and in which they are
not inconsistent with this Constitution or policy made thereunder.
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Duties of Committee Members
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President
In addition to any other provisions set out elsewhere in this
Constitution, or any regulation or policy made thereunder, it shall be
the duty of the President:
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to conduct the relations of the Club with other organisations and
to the general public subject to the authority of the Committee;
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to co-ordinate and supervise the work of the Vice-President,
Secretary, Treasurer, and other officers of the Club subject to
the authority of the Committee;
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generally to carry out the policy of the Club; and
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generally to carry out the instructions and decisions of the Committee.
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Vice-President
In addition to any other provisions set out elsewhere in this
Constitution, or any regulation or policy made thereunder, it shall be
the duty of the Vice-President:
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to assist in the President's duties;
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to carry out Presidential duties during the absence of the
President, during which time the Vice-President shall be deemed to
be the President; and
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generally to carry out the instructions of the Committee.
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Secretary
In addition to any other provisions set out elsewhere in this
Constitution, or any regulation or policy made thereunder, it shall be
the duty of the Secretary:
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to maintain an up to date register of the members of the Club and their postal
or residential addresses and, upon the request of a member of the Club, make
the register available for the inspection of the member;
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A member may make a copy of or take an extract from the register
but shall have no right to remove the register for that purpose.
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to carry out the administrative work of the Club for which the Committee
does not appoint or elect an officer;
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to record the proceedings of all General Meetings and meetings of the
Committee and make these minutes available in an easily accessible portion
of the Club online presence;
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to conduct and keep copies of all correspondence to the Club;
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generally to carry out the instructions and decisions of the Committee relating
to the administration of the Club; and
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to ensure that an accurate copy of the Club constitution is maintained in an
easily accessible portion of the Club online presence.
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unless the members resolve otherwise at a general meeting, have custody of
all books, documents, records and registers of the Club, other than those
required to be kept and maintained by, or in the custody of, the Treasurer.
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Treasurer
In addition to any other provisions set out elsewhere in this
Constitution, or any regulation or policy made thereunder, it shall be
the duty of the Treasurer:
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to be responsible for the receipt of all moneys paid to or received by, or by
him or her on behalf of, the Club and issue receipts for those moneys in the
name of the Club;
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to keep accounting records as correctly record and explain the financial
transactions and financial position of the Club, in such a manner that permits
convenient and proper auditing;
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to render an account at each meeting of the Committee of all receipts and
payments since the previous meeting;
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to render an account of the petty cash at each meeting of the Committee;
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to furnish the Committee with such other accounts and information relating to
the finances of the Club as the Committee may require;
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to present a current financial statement showing all receipts and payments at
each Ordinary General Meeting and by motion of Committee, an auditor's
report at the Annual General Meeting; and
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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 Club
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generally to carry out the instructions of the Committee relating to the
property and finances of the Club.
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Ordinary Committee Members
In addition to any other provisions set out in this Constitution, or
in any regulation or policy made thereunder, it shall be the duty of
the Ordinary Committee Members:
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to assist the other Committee Members in the executions of their
duties; and
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to bear any responsibilities that the Committee shall from time to
time decide.
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First Year Representative
In addition to any other provisions set out in this Constitution, or
in any regulation or policy made thereunder, it shall be the duty of
the First Year Representative:
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to represent the interests of members of the Club who are in first
year University or have not previously been members of the Club.
Vacancies
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Resignation
Any officer of the Club may resign from a position by giving written
notification to the Secretary at least fourteen days before that
Officer's resignation takes effect.
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Absence
The Committee shall declare vacant the position of any member of the
Committee if that member has been absent from two consecutive meetings
of the Committee without giving a satisfactory explanation for that
absence.
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Election
If any position on the Committee becomes vacant then the Committee
shall call a General Meeting for the election of a member to that
position within four weeks of that position becoming vacant.
General Meetings
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Ordinary General Meeting
There shall be at least one General Meeting in each year, namely the
Annual General Meeting, and any Ordinary General Meetings held as the
Committee shall determine. The annual general meeting must be held in
every calendar year within 4 months after the end of the Club's
financial year or such longer period as may in a particular case
be allowed by the Commissioner, except for the first annual general
meeting which may be held at any time within 18 months after incorporation.
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Notice of Meeting
The Secretary shall make all reasonable attempts to notify all members using at least
a notice on the club notice-board for ten days preceding the meeting and an email sent
to all addresses on the membership register at least ten days before the date of the
meeting.
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Special General Meeting
The Committee may at any time, without the need for a Committee
meeting, call a Special General Meeting of the Club by the written
agreement of at least 4 Committee members, at least one of whom is a
member of the Executive. This meeting must be notified by the
Secretary as with all other General Meetings, or if the Secretary has
resigned or is unavailable by any member of the Committee with the
same notice requirements of the Secretary.
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General Meeting Called by Ordinary Members
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The Secretary shall forthwith call a Special General Meeting upon
receiving a written requisition from at least ten ordinary members
of the Club and such meetings shall be held with appropriate notice
requirement and not later than 17 days immediately following the
receipt of such requisition.
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If the Secretary fails to announce a meeting within 7 days any one
of the members signing the requisition may do so and must make all
reasonable attempts to give the same notice as required of the
Secretary.
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Any business set out in the requisition shall have priority over
all other business.
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Powers of a General Meeting
A General Meeting may exercise the same powers as the Committee except
for those powers exclusively reserved for the Committee under this
Constitution.
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Agenda
The Secretary shall post the agenda for any General Meeting on the
notice-boards alongside the notice of meeting at least four days
before the date of the meeting.
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Notice of Motion
At least four days before the meeting, topics intended to be discussed
at the meeting shall be posted on the notice-board alongside the notice
of meeting.
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Quorum
The quorum of a General Meeting shall be fifteen ordinary members present in
person.
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Rules of Debate
A General Meeting shall be conducted in accordance with the current edition of
Robert's Rules of Order Newly Revised in all cases to which they are applicable and
in which they are not inconsistent with this Constitution or policy made thereunder.
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Chair
The President shall have the right to take the chair at any General
meeting or meetings of the Committee. If the President is absent or
does not wish to exercise his right at any meeting, that right shall
devolve upon the Vice-President being absent or not wishing to
exercise the above right, that meeting shall elect its own Chair.
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Voting
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Except where stated otherwise in the constitution, all members of
the Club are entitled to vote at a General Meeting.
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Except where stated otherwise in the constitution, a motion shall
be passed if a majority of those present and eligible to vote cast their vote
in favour of the motion.
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Postal voting or proxy voting is not permitted.
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Procedures for Motions
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Once a motion is tabled, the motion shall be open to general
discussion and amendments.
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After general discussion, a call for votes will be made by the
Chair of the meeting.
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Any member at the meeting may call for the votes to be by secret
ballot.
Delegates
The Committee shall have the power, after its re-constitution, to appoint
from amongst its members a Delegate and Deputy-Delegate to any body with which it may
choose to affiliate.
Removal From Office
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The Committee may request any member of the Committee, member of any
sub-committee, officer, representative or delegate of the Club to
resign from that position if a person has failed to perform
satisfactorily the normal duties of the position.
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The person concerned shall be informed of this request at least seven days before a
meeting of the Committee where that person may speak on their own behalf.
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Any such request shall require such a motion which will only be passed
if a two-thirds majority of those voting have voted in favor of the
motion. The request to resign shall be delivered in writing to the
person concerned forthwith.
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If a person has not resigned within seven days of the request the
Committee may declare that position vacant.
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Any person who has had their former position declared vacant shall have
the right to appeal to a General Meeting for their reinstatement.
Cancellation of Membership
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The Club may cancel the membership of any member of the Club, should
that member have acted in a manner contrary to the best interests of
the Club.
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A two-thirds majority of a committee meeting may cancel a membership by passing a
motion to that effect.
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The cancellation of membership shall be delivered in writing to the person concerned
forthwith.
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Any person who has their membership cancelled shall have the right to appeal to a
General Meeting for the reinstatement of their membership, except where that person
is a first-time member of the club and has been a member for less than one month or
has had their membership cancelled by Committee more than once.
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A person who has had their membership cancelled may not reapply for membership
for the period of one year.
Finance
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All money due and payable to the Club shall be received by the
Treasurer who shall lodge it without undue delay in the account of the
Club.
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Except as otherwise provided for in the Constitution, or in a policy, any two of the
Executive shall be empowered jointly to sign cheques and forms of authority for the
withdrawal of any money standing in the credit of the Club in the account of the
Club.
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The Committee may by a two-thirds majority elect a single delegate
from the Committee who may sign in lieu of one of the required
Executive signatures on a cheque.
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No payment shall be made on behalf of or in the name of the Club
unless it has been authorised by the Committee.
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The Committee may, outside a Committee meeting, agree to a payment
or purchase by written consent of five Committee members including
at least two Executive members of the Committee. Such written
consent must be tabled and minuted at the next meeting of the
Committee.
Policy
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The Club in General Meeting may make policy on any matter relating to
the conduct of the affairs of the Club provided that policy is not
inconsistent with or repugnant to this Constitution or the Act.
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Any motion proposing to make, alter or rescind policy shall require written notice and
shall only be passed by special resolution at a General Meeting.
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The policy of the Club shall form an appendix to this Constitution and
be made available with it.
Interpretation of the Constitution
The Committee shall be the sole authority for interpreting the meaning of
any of the provisions contained in this Constitution or in any regulation
of the Club policy made thereunder.
Amendments to the Constitution
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The Club in a General Meeting may amend this Constitution.
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Any motion proposing to amend this Constitution shall require a written
notice of motion and any such motion shall only be passed by special resolution.
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Within one month of the passing of a special resolution altering its Constitution, or
such further time as the Commissioner may in a particular case allow (on written
application by the Club), the Club must lodge with the Commissioner notice of the
special resolution setting out particulars of the alteration together with a certificate
given by a member of the Committee certifying that the resolution was duly passed as
a special resolution and that the Constitution of the Club as so altered conforms to the
requirements of the Act.
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An alteration of the Constitution of the Club does not take effect until sub-rule 25.3 is
complied with.
Interim Measures
The Executive shall have the power to suspend such provisions of this
Constitution until the 15th April, 1975 as may be expedient to the
formation of a Club.
Commercial Exploitation
No member of the Club shall use any of the resources of the Club for direct
financial gain.
Inspection of Constitution, records, etc.
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The Secretary shall make available to any member of the public a copy of
this Constitution for perusal.
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A member may at any reasonable time inspect without charge the books, documents,
records and securities of the Club.
Dissolution
If upon the winding up or dissolution of the Club there remains after satisfaction of all its
debts and liabilities any property whatsoever, the same must not be paid to or distributed
among the members, or former members. The surplus property must be given or transferred to
another association incorporated under the Act which has similar objects and which is not
carried out for the purposes of profit or gain to its individual members, and which association
shall be determined by resolution of the members.
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