Contents
1 NAME OF
ASSOCIATION.. 1
2 INTERPRETATION.. 1
3 ASSOCIATION'S OFFICE. 2
4 OBJECTS & PURPOSES OF. 2
5 MEMBERSHIP OF ASSOCIATION.. 4
6 ASSOCIATION INCOME & PROPERTY. 6
7 ACCOUNTS OF RECEIPTS & EXPENDITURE. 6
8 BANKING & FINANCE. 7
9 AUDITOR. 7
10 AUDIT OF ACCOUNTS. 8
11 ANNUAL GENERAL MEETING.. 8
12 GENERAL MEETINGS. 9
13 NOTICES OF GENERAL MEETINGS. 9
14 BUSINESS AND QUORUM AT GENERAL MEETINGS. 9
15 PRESIDENT TO PRESIDE AT GENERAL MEETINGS. 10
16 ADJOURNMENT OF GENERAL MEETINGS. 10
17 DETERMINATION OF QUESTIONS ARISING AT GENERAL
MEETINGS. 10
18 VOTES. 10
19 TAKING OF POLL. 11
20 WHEN POLL TO BE TAKEN.. 11
21 AFFAIRS OF ASSOCIATION TO BE MANAGED BY A COMMITTEE. 11
22 OFFICERS OF THE ASSOCIATION.. 12
23 ELECTION OF NUMBERS OF COMMITTEE. 12
24 VACATION OF OFFICE. 13
25 COMMITTEE MEETINGS. 13
26 DISCLOSURE OF INTEREST IN CONTRACTS. 14
27 SUBCOMMITTEES. 14
28 EXECUTIVE COMMITTEE. 15
29 ANNUAL SUBSCRIPTION.. 15
30 NOTICES. 15
31 SUSPENSION OR EXPULSION OF-MEMBERS. 15
32 APPEAL TO AN APPEAL TRIBUNAL. 16
33 DISPUTES. 17
34 SEAL OF ASSOCIATION.. 18
35 ALTERATIONS OF OBJECTS & RULES. 18
36 SPECIAL RESOLUTION.. 18
37 WINDING UP. 18
RULES OF
ASSOCIATION
1.1 The name of
the Association is the Tasmanian Equine Endurance Riders Association Inc.
2.1 In these
rules -
a) Act
means the Associations Incorporation Act 1964;
b) Association
means the association referred to in rule 1;
c) auditor means
the person appointed as the auditor of the Association under rule 9;
d) basic
objects of the Association means the objects
and purposes of the Association as stated in an application under section 7 of
the Act for the incorporation of the Association;
e) committee
means a committee as defined by the Act;
f) general
meeting includes -
·
the annual general meeting; and
·
any special general meeting;
g) ordinary
business of the annual general meeting means the business specified in
rule 11.5;
h) member
means a financial member of the Association;
i) committee
member means a member of the committee to whom rule 21 relates;
j) AERA
Inc. means the Australian
Endurance Riders Association Inc., the governing body for affiliated endurance
riding in Australia;
k) Ride
committee means a group of people who form an independent committee to
properly affiliate, organise and conduct one or more affiliated rides;
l) financial
year means the period beginning on the first day of January in one year
and ending on the last day of December of the same year;
m) horse
means genus equidae and hence shall include horses, mules and donkeys;
n) affiliated
ride means a ride affiliated with the AERA Inc. which is either:
·
a competitive endurance event
for horses and riders which tests the endurance of both over a distance of at
least 80 km In one day and may be of greater distance
and of more than one day;
·
a non-competitive training
event for both horses and riders which provides endurance training for over a
distance of less than 80 km in one day;
·
a non-competitive introductory
event which provides an introduction to endurance
riding for both horses and riders;
·
any other type of event
sanctioned by the AERA Inc.
o) accredited steward and/or official means any person who has some formal responsibility for the conduct
and application of AERA Inc. ride controls at any affiliated event and includes
any Chief Steward, veterinarian, T.P.R. steward, drug steward, weigh and time
Steward and any Other person designated as an official during the conduct of
the event;
p) volunteer means
any person acting with authorisation on behalf of the ride committee or TEERA
to assist with the running of an affiliated ride and which Includes all
officials but excludes any paid officials.
q) suspension means
a withdrawal of membership privileges and rights for a period
of time determined by the committee;
r) expulsion means
the permanent withdrawal of membership privileges and rights by the committee;
s) expressions referring to writing include any mode of representing
or reproducing words in a visible form.
3.1 The office
of the Association shall be the residential address of the public officer of
the Association or such other place as the committee determines.
4 OBJECTS &
PURPOSES OF ASSOCIATION
4.1 The Association's objects and purposes are to:
a) on behalf of the
AERA Inc., act as the controlling and coordinating body for the sport of
affiliated equine endurance riding in Tasmania;
b) promote and
enforce the rules, regulations, guidelines, policies and other requirements of
both the AERA Inc. and the Association for the organisation of and entry into
affiliated rides that are to be conducted in the state of Tasmania by a ride
committee;
c) ensure that
riding rules, regulations, guidelines and veterinary procedures are observed in
a manner that provides protection for the well being
of horses ridden in affiliated rides;
d) promote and
foster the highest ideals in sportsmanship and horsemanship and the spirit of
endurance riding as embodied in the motto 'to complete is to win';
e) in accordance
with the AERA Inc. requirements, train, accredit and maintain accreditation of
Association members to be stewards and officials whose responsibility it is to
ensure affiliated rides in Tasmania are conducted in accordance with AERA Inc.
and any Association rules, regulations, guidelines, policies and other requirements;
f) encourage,
promote and conduct affiliated endurance rides with International standing
within Tasmania and negotiate or contact with any organisation or
administrative body as may be necessary to conduct such events;
g) conduct, when
agreed to by the AERA Inc., an equine riding test of endurance over a distance of not less than 160 kilometers in 24 hours to be
known as the Tom Quilty Gold Cup Endurance Ride;
h) encourage the
breeding of superior equines by providing opportunity for the ridden testing of
equines over a distance of not less than 80 kilometres
in one day;
i) maintain
complete and accurate records of the results of affiliated rides conducted In
Tasmania and to create and maintain an archive for the sport of equine
endurance riding;
J) do all things
desirable to promote the acceptance at future Olympic Games or like events of
the sport of equine endurance riding over distances of not less than 80 kilometres;
k) disseminate
information relation to the performance, training, diseases, genetics, animal
husbandry and feeding of equines used in the sport of equine endurance riding;
l) liaise with
properly accredited members of the veterinary profession, the Royal Society for
the Prevention of Cruelty to Animals or any other similarly recognised body;
m) promote in any way
whatsoever the interests of the sport of equine endurance riding and the
Association;
n) procure the
Association to be registered or recognised in any country, state or place and
to do all things necessary to enable the Association to effectually ensure the
promotion of the objects of the Association;
o) promote social
activities amongst members;
p) act in
co-operation with any State or Federal Government or any other club,
association, committee, society, institution or person for the promotion of any
of the objects;
q) when necessary or
convenient for any of the objects:
·
purchase, take on lease or in
exchange, hire or otherwise acquire any real or personal property;
·
buy, sell, supply and deal in
goods of all kinds;
·
construct, maintain and alter
buildings or works;
·
accept any gift, whether
subject to a special trust or not;
·
print and publish newspapers,
magazines, periodicals, books leaflets or other documents for the promotion of
the objects;
r) seek and obtain
contributions to the Association's funds whether by way of donations,
subscriptions, levies or otherwise;
s) borrow and raise
money in such manner and on such terms as the committee determines or as may be
approved or directed by resolution passed at a general meeting, or invest any
moneys not immediately required for any of the objects;
t) make gifts,
subscriptions or donations to any of the funds, authorities or institutions to
which Section 78 (1)(a) of the Income Tax Assessment Act of the Commonwealth
relates or to any other club, association committee, society or institution
with similar objects and purposes as the prime objects;
u) establish and
support, or aid in the establishment and support of, associations,
institutions, funds, trusts, schemes and conveniences calculated to benefit
employees or past employees and their dependents and the granting of pensions,
allowances or other benefits to employees or past employees and their dependents
and the making of payments towards insurance in relation to any of those
purposes;
v) purchase or
acquire and undertake all or any part of the property assets, liabilities and
engagements of any association with which the Association may at
any time become amalgamated in accordance with the provisions of the Act and
these rules;
w) do all such other
lawful things as are incidental or conducive to the attainment of any of the
objects.
5.1 The classes
of membership of the Association, plus their qualifications and entitlements
are:
a) Ordinary
members who shall be members who have attained the age of sixteen years
or more during the calendar year of application and who have the right to:
·
compete in affiliated rides;
·
vote at any general meeting and
hold office (but only if over the age of 18 years); and
·
be a ride official.
b) Associate
members who shall be members who have attained the age of sixteen years
or more during the calendar year of application and who have the right to be a
ride official, but no rights to:
·
compete in affiliated rides;
nor
·
hold office as a committee
member; nor
·
vote at any general
meeting.
c) Honorary
life members who shall be members who have rights as ordinary members
but shall not be levied membership fees or subscriptions and shall be nominated
and appointed by such methods as determined by the committee.
d) Junior members who shall be members who are less than sixteen
years of age at all times during the relevant calendar year and who have
the right to compete in affiliated rides but shall not be entitled to vote at
meetings nor hold office.
e) Any other
membership category as determined by the committee of the Association from time
to time.
5.2 A request
for membership of the Association:
a) is to be made in
writing on the committee approved Membership Application Form forwarded
to the Association secretary or other nominated member; and
b) must be
accompanied by the payment of the annual subscription in accordance with rule
29.
5.3 A person Is
not to be admitted to membership unless the admission as a member is approved
by the Association committee.
5.4 When a
membership application is approved by the committee, the secretary or other
nominated officer -
a) is to notify the
applicant, in writing, that he or she has been approved for membership of the
Association; and
b) upon receipt of
the membership fee payable, is to enter the applicant's name in the register of
members.
5.5 A member of
the Association may resign from the Association by delivering or sending by
post a written notice of resignation to the secretary.
5.6 On receipt
of a notice from a member under sub-rule 5.6, the secretary is to remove the
name of the member from the register of members.
5.7 A person -
a) becomes a member
of the Association when his or her name is entered in the register of members;
and
b) ceases to be a
member of the Association when his or her name is removed from the register of
members.
5.8 Any right,
privilege or obligation of a person as a member of the Association -
a) is not capable of
being transferred or transmitted to another person; and
b) terminates on the
cessation of the membership.
5.9 If the Association
Is wound up -
a) every member of
the Association; and
b) every person who,
within the period of 12 months immediately preceding the commencement of the
winding up, was a member of the Association -
Is liable to contribute -
a)
to the assets of the
Association for payment of the debts or liabilities of the Association; and
b)
for the costs, charges and
expenses of the winding up; and
c) for the
adjustment of the rights of the contributories among themselves.
5.10 Any liability
under sub-rule 5,9 Is not to exceed $1.00.
5.11 A former
member is not liable to contribute under sub-rule 5.9 in respect of any debt or
liability of the Association contracted after he or she ceases to be a member.
6.1 The income
and property of the Association is to be applied solely towards the promotion of
the objects and purposes of the Association.
6.2 No portion
of the income and property of the Association is to be paid or transferred to
any member of the Association.
6.3 The
Association is not to -
a) appoint a person
who is a member of the committee to any
office in the gift of the Association to the holder
of which there is payable any remuneration by way of salary, fees or
allowances; or
b) pay to any such
person any remuneration or other benefit in money or money's worth, other than
the repayment of out-of-pocket expenses.
6.4 A servant
or member of the Association may be paid -
a) remuneration in
return for services rendered to the Association or for goods supplied to the
Association in the ordinary course of business; or
b) interest at a
rate not exceeding 71/4% on money lent to the
Association; or
c) reasonable and
proper sum by way of rent for premises let to the Association.
7.1 True
accounts are to be kept of -
a) all money
received and expended by the Association and the matter in respect of which the
receipt or expenditure takes place; and
b) the property,
credits and liabilities of the Association.
7.2 The
accounts are to be open to inspection by the members of the Association subject
to any reasonable restrictions as to time and manner of inspecting the
Association may impose.
7.3 The
treasurer of the Association
Is to keep all general records, accounting books and records of receipts and
expenditure connected with the operations and business of the Association in
the form and manner the committee directs.
7.4 The
accounts, books and records are to be kept at the Association's office or at
any other place the committee decides.
8.1 The
treasurer of the Association, on behalf of the Association, is to -
a) receive all money
paid to the Association; and
b) immediately after
the receipt issue official receipts.
8.2 The
committee is to cause to be opened with any bank, building society or credit
union the committee selects an account in the name of the Association into
which all money received is to be paid as soon as possible after receipt.
8.3 The
committee may -
a) receive from the
Association's financial Institution the cheques drawn by the Association on any
of its accounts with the financial institution; and
b) release and
indemnify the financial institution from and against all claims, actions, suits
or demands that may be - brought against the financial institution arising
directly or indirectly out of those cheques
8.4 Except with
the authority of the committee, a payment of any sum exceeding $20 Is not to be
made from the funds of
the Association otherwise than by cheque drawn on the Association's account.
8.5 The
committee may provide the treasurer with a sum to meet urgent expenditure,
subject to any conditions in relation to the use and expenditure the committee
may impose.
8.6 Cheques are
not to be drawn on the Association's account except for the payment of
expenditure that has been authorised by the committee.
8.7 All
cheques, drafts, bills of exchange, promissory notes and other negotiable
instruments are to be signed by any two of: the president, vice president,
treasurer and any other nominated committee member.
9 AUDITOR
9.1 At each
annual general meeting of the Association, the members present are to
appoint a person as the auditor of the Association.
9.2 The auditor
is to hold office until the annual general meeting next after that at which he
or she is appointed, and is eligible for reappointment.
9.3 If an
appointment Is not made at an annual general meeting, the committee is to
appoint an auditor for the current financial year of the Association.
9.4 The auditor
may only be removed from office by special resolution.
9.5 If a casual
vacancy occurs in the office of auditor during the course of
a financial year of the Association, the committee may appoint a person as the
auditor to hold office until the next succeeding annual general meeting.
10 AUDIT OF ACCOUNTS
10.1 The auditor
is to examine the accounts of the Association at least once in each financial year
of the Association.
10.2 The auditor
is to -
a) certify as to the
correctness of the accounts of the Association; and
b) report to the
members present at the annual general meeting.
10.3 In the report
and in certifying to the accounts, the auditor is to state if -
a) he or she has obtained the required information; and
b) in his or her
opinion, the accounts are properly drawn up so as to
exhibit a true and correct view of the financial position of the Association:
·
according to the information at
his or her disposal and the explanations given; and
·
as shown by the books of the
Association; and
c) the rules
relating to the administration of the funds of the Association have been
observed.
10.4 The public
officer of the Association is to cause to be delivered to the auditor a list of
all the accounts, books and records of the Association.
10.5 The auditor
may:
a) have access to
the accounts, books, records, vouchers and documents of the Association; and
b) require from the
servants of the Association any information and explanations he or she
considers necessary for the performance of the duties as auditor; and
c) employ persons
to assist in investigating the accounts of the Association; and
d) in relation to
the accounts of the Association, examine any member of the committee or any
servant of the Association.
11.1 The
Association is to hold an annual general meeting each year.
11.2 The annual
general meeting is to be held on any day (being not later than 3 months after
the close of the financial year of the Association) the committee determines.
11.3 The annual
general meeting is to be in addition to any other general meetings that may be
held in the same year.
11.4 The notice
convening the annual general meeting is to specify the purpose of the meeting.
11.5 The ordinary
business of the annual general meeting is to be as follows:
a) to confirm the
minutes of the last preceding annual general meeting and of the last general
meeting held since that meeting;
b) to receive from
the committee, auditor and servants of the Association reports on the
transactions of the Association during the last preceding financial year;
c) to elect the committee
members;
d) to appoint the
auditor and determine his or her remuneration;
11.6 The annual
general meeting may transact special business of which notice is given in
accordance with these rules.
12.1 The committee
may convene a general meeting of the
Association at any time.
12.2 The
committee, on the requisition in writing of at least 10 members, may convene a
general meeting of the Association.
12.3 A requisition
for a general meeting -
a) is to state the
objects of the meeting; and
b) is to be signed
by the requisitionists; and
c) Is to be
deposited at the office of the Association; and
d) may consist of
several documents, each signed by one or more of the requisitionists.
12.4 If the committee
does not cause a general meeting to be held within 21 days from the day on
which a requisition is deposited at the office of the Association, the
requisitionists, or any of them, may convene the meeting within 3 months from
the day of the deposit of the requisition.
12.5 A general
meeting convened by requisitionists Is to be convened in the same manner as
nearly as possible as meetings are convened by the committee.
12.6 All reasonable expenses incurred by
requisitionists in convening a general meeting are to be refunded by the
Association.
13.1 The public
officer of the Association, at least 21 days before the date fixed for holding
a general meeting of the Association, is to notify members in writing‑
a) specifying the
place, day and time for the holding of the meeting; and
b) the nature of the
business to be transacted at the meeting.
14.1 All business
transacted at a general meeting, except the ordinary business of the annual
general meeting, is special business.
14.2 Business is
not to be transacted at a general meeting unless a quorum of members entitled
to vote Is present at the time the meeting is considering that business.
14.3 A quorum for
the transaction of the business of a general meeting is not less than 15
members present (or 1/10 of voting members whichever is the lesser) and who are
entitled to vote.
14.4 If a quorum
is not present one hour after the appointed time for the commencement of a
general meeting, the meeting -
a) If convened on
the requisition of members, is to be dissolved; or
b) in any other
case, is to be adjourned to the same day in the next week at the same time at
the same place.
14.5 If at an
adjourned general meeting a quorum Is not present one hour after the time
appointed for the commencement of the meeting, the meeting is to be dissolved.
15 PRESIDENT TO PRESIDE AT GENERAL
MEETINGS
15.1 The
president, or in his or her absence, the vice-president, or in the absence of
both the president and the vice-president, the treasurer, is to preside as
chairperson at every general meeting of the Association.
15.2 If the
president, vice-president and treasurer are absent from a general meeting, the
members present are to elect one of their number to preside as chairperson.
16.1 The
chairperson of a general meeting at which a quorum is present may, with the
consent of the meeting, adjourn the meeting from time to time and place to
place, but no business is to be transacted at an adjourned meeting other than
the business left unfinished at the meeting at which the adjournment took
place.
16. If a
meeting is adjourned for 14 days or more, the notice of the adjourned meeting
Is to be given in the same manner as the notice of the original meeting.
16.3 It is not
necessary to give any notice of an adjournment or of the business to be
transacted at an adjourned meeting.
17.1 A question
arising at a general meeting of the Association is to be determined on a show
of hands.
17.2 Unless before
or on the declaration of
the result of the show of hands a poll is demanded, a declaration by the
chairperson that a resolution has, on a show of hands, been carried, or carried
unanimously, or carried by a particular majority, or lost, and an entry to that
effect in the minute book of the Association is evidence of the fact, without proof of the
number or proportion of the votes recorded
In favour of, or against, that resolution.
18.1 On any
question arising at a general meeting of the Association, a member has one vote
only.
18.2 All votes are
to be given personally and proxies shall not be counted.
18.3 In the case
of an equality of voting on a question, the question is deemed to have been
lost.
19.1 If at a
meeting a poll on any question Is demanded--
a) It is to be taken
at that meeting in the manner the chairperson directs; and
b) the result of the
poll is taken to be the resolution of the meeting on that question.
20.1 A poll that
is demanded on the election of a chairperson, or on a question of adjournment, is
to be taken immediately.
20.2 A poll that
is demanded on any other question is to be taken at any time before the close
of the meeting as the chairperson directs.
21.1 The affairs
of the Association are to be managed by a committee of management.
21.2 The committee
-
a) Is to control and
manage the business and affairs of the Association; and may exercise all the
powers and perform all the functions of the Association, other than those
powers and functions that are required by these rules to be exercised by
general meetings of members of the Association; and
b) has power to do
anything that appears to the committee to be essential for the proper
management of the business and affairs of the Association.
21.3 The committee
consists of those members nominated as committee members by the members of the Association
and elected at the annual general meeting of the Association.
21.4 The committee
shall consist of ten members, one half of whom shall be elected at the annual
general meeting in each year.
21.5 An ordinary
committee member holds office until the annual general meeting held two years
after the date of election and is eligible for re-election
21.6 The committee
shall hold its first meeting within thirty days after the annual general meeting
electing it and at that first meeting shall elect the officers of the Association from the committee
members.
21.7 If a casual
vacancy occurs in the office of ordinary committee member, the committee may
appoint a member of the Association to fill the vacancy until the conclusion of
the annual general meeting next following the date of the appointment.
22.1 The officers
of the Association are as follows:
a) president;
b) vice-president;
c) a treasurer; and
d) a secretary.
22.2 The
provisions of sub-rules 23.2, 23.3 and 23.4, so far as they are applicable and
with the necessary modifications, apply in relation to the election of persons
to any of the offices referred to in sub-rule 22.1.
22.3 Each officer
of the Association is to hold office until the next annual general meeting after
the date of election, and is eligible for reelection.
22.4 The officers
have the powers of the ordinary members when they are sitting as chairman,
except where otherwise stated in these rules.
22.5 If a casual
vacancy in any office referred to in sub-rule 22.1 occurs, the committee may
appoint one of its members to the vacant office, to hold the office up to and
including the conclusion of the annual general meeting next following
the date of the appointment.
22.6 The committee
may appoint other functional positions within the committee from time to time.
23.1 Nominations
of candidates for election as ordinary committee members are to be -
a) made in writing
on an application form approved by the committee, signed by 2 members of the
Association and endorsed by the written consent of the nominee; and
b) delivered to the
secretary of the Association at least thirty days before the date fixed for the
holding of the annual general meeting.
23.2 If
insufficient nominations are received to fill all vacancies on the committee -
a) the candidates
nominated are taken to be elected; and
b) further
nominations are to be received at the annual general meeting.
23.3 If the number
of nominations received is equal to the number of vacancies to be filled, the
persons nominated are taken to be elected.
23.4 If the number
of nominations exceeds the number of vacancies to be filled, a ballot is to be
held.
23.5 The ballot
for the election of officers and ordinary committee members is to be conducted
at the annual general meeting in the usual manner as directed by the committee.
24.1 A vote of no
confidence in any officer or ordinary committee member may be moved at any time
at a general meeting by way of a special resolution.
24.2 For the
purpose of these rules, the office of an officer of the Association or of an
ordinary committee member becomes vacant if the officer or committee member -
a) dies; or
b) becomes bankrupt
or applies to take or takes advantage of any law relating to bankrupt or
insolvent debtors or compounds with his or her creditors, or makes any
assignment of his or her estate for their benefit; or
c) becomes of
unsound mind; or
d) resigns office in
writing addressed to the committee; or
e) ceases to be
resident in the State; or
f) fails, without
leave granted by the committee, to attend 3 consecutive meetings of the
committee; or
g) ceases to be a
member of the Association; or
h) ceases to be
eligible to hold that office; Or
i) If a vote of no
confidence is passed in respect to the member in accordance with sub-rule 24.1;
or
j) falls to pay all
arrears of subscription due, within 14 days after receiving a notice in writing
signed by the public officer stating that he or she has ceased to be a financial
member of the Association.
25.1 The committee
is to meet at such times and places the committee determines to transact such
business as the committee determines.
25.2 Notice of
committee meetings shall be given to committee members either in writing, by
telephone or personally.
25.3 Special
meetings of the committee may be convened by the president or any four of its
members.
25.4 Notice is to
be given to members of the committee of any special meeting, specifying the
general nature of the business to be transacted, and no other business is to be
transacted at such a meeting.
25.5 Half the
committee members plus one shall constitute a quorum for the transaction of the
business of a meeting of the committee.
25.6 Business is
not to be transacted unless a quorum is present.
25.7 If half an
hour after the time appointed for the meeting a quorum is not present, the
meeting is to be adjourned to a time and place determined by those committee
members present.
25.8 At a meeting
of the committee, the following Is to preside:
a) the president, or
in the absence of the president, the vice-president, or in the absence of both
the president and the vice-president, the treasurer;
b) If the president,
the vice-president and the treasurer are absent, any one of the remaining
members of the committee as may be chosen by the members present.
25.9 Any question
arising at a meeting of the committee or of any subcommittee appointed by the
committee Is to be determined -
a) on a show of hands;
or
b) If demanded by a
member, by a poll taken in any manner the person presiding at the meeting
determines.
25.10 Each member
present at a meeting of the committee or of any subcommittee appointed by the
committee (including the person presiding at the meeting) is entitled to one
vote.
25.11 If there is an
equality of votes on any issue, the issue will be deemed to have been lost.
25.12 Committee
meetings shall be open to members of the Association except where disciplinary
action against either a member or a ride committee is being discussed. In all
cases members shall not be allowed to speak unless leave to do so is granted by
the chairman.
26.1 A member of
the committee who is interested in any contract or arrangement made or proposed
to be made with the Association Is to disclose the interest -
a) at the first
meeting of the committee at which the contract or arrangement is first taken
into consideration, if the Interest then exists; or
b) In any other
case, at the first
meeting of the committee after the acquisition of the interest.
26.2 If a member
of the committee becomes interested in a contract or arrangement after It is
made or entered into, he or she is to disclose the interest at the first
meeting of the committee after he or she becomes so interested.
26.3 A member of
the committee is not to vote as a member of the committee in respect of any
contract or arrangement in which he or she Is interested
and any such vote is not to be counted.
27.1 The committee
may -
a) appoint a
subcommittee from the committee;
b) prescribe the
powers and functions of that subcommittee;
c) co-opt any
person as a member of a subcommittee without voting rights, whether
or not the person is a member of the Association; and
d) determine the
quorums and procedures of any sub-committee whether appointed by these rules,
the committee or by any general meeting or may delegate to any sub-committee
the power to determine Its own quorum and procedures.
28.1 The president, the vice-president, the treasurer and the
secretary constitute the executive committee.
28.2 The executive committee may issue Instructions to the
public officer and the servants of the Association In matters of urgency
connected with the management of the affairs of the Association during the
period between meetings of the committee.
28.3 The executive committee is to report on any
instructions issued under sub-rule 28.2 to the next meeting of the committee.
29.1 The annual
subscription payable by members (excepting honorary life members) shall be set
by the committee for the following financial year.
29.2 The annual
subscription of a member is due and payable before the member:
a) competes in their
first affiliated ride in each year; or
b) commences any
official capacity as a committee member in each year; or
c) commences duty
as an accredited official in each year.
30.1 A notice may be served or given by or on the Association's behalf
on or to any member either personally or by
sending it through the post in a prepaid letter addressed to the member at his
usual or last known place of abode.
30.2 Where any
notice is required by these rules to be given to the Association, the committee
or any officer of the same may be served or given by sending it through the
post in a prepaid letter so addressed to the residential address of the public
officer of the Association or such other postal address as the committee from
time to time advises the members to be the Association's postal address.
31.1 Subject to
this rule, the full committee less one may suspend or expel a member if that
member:
a) is convicted of
an indictable offence;
b) fails to comply
with any of the provisions of these Rules of Association, the AERA Inc. rules
and other formal requirements, or any other rules or requirements which determine
how affiliated rides are conducted;
c) has abused,
neglected, caused undue stress or taken any other action against a horse at an
affiliated ride which is not in the best interests of the horse;
d) conducts
themselves in a manner-considered to be injurious or prejudicial to the
character or interests of the Association, of the -AERA Inc. or affiliated
endurance riding.
31.2 Expulsion
should be determined only where suspension is not considered an adequate
discipline action for the severity of the noncompliance.
31.3 Where the
committee intends to suspend or expel a member, that member must be notified of
the intention in writing and the member invited to a meeting of the committee
to hear the issue.
31.4 The member
concerned under this rule shall be given a full and fair opportunity of
presenting their case in person to the committee, but
shall not be represented by any other person.
31.5 Other
appropriate people may be asked to attend or to provide additional information
in writing.
31.6 That part of
a committee meeting dealing with the suspension or expulsion shall be closed to
members not involved in the suspension
or expulsion process.
31.7 After hearing
available evidence and deliberating on the issues, the committee members
present may:
a) suspend the
member from competing in one or more affiliated endurance rides; or
b) expel the member
from membership of the Association.
31.8 Where the
committee suspends or expels a member, the secretary shall without undue delay,
cause to be served on the member a written notice:
a) stating that the
committee has suspended or expelled the member;
b) specifying the
grounds for the suspension or expulsion;
c) if suspension,
stating the period of suspension; and
d) informing that if
the member wishes they may, within seven days after the service of the notice,
appeal against the suspension or expulsion as provided in rule 32.
31.9 The
suspension or expulsion of a member under this rule does not take effect until
whichever of the following is the later date:
a) the expiration of seven days after the service on the member of a
notice under sub-rule 31.8;
b) if the member
exercises his right of appeal under rule 32, the conclusion of the appeal
tribunal convened to hear the appeal.
32.1 A member on
whom a notice of suspension or expulsion is served under rule 31 may give
written notice to the Association secretary within seven days after the service
of the notice requesting the convening of an appeal tribunal for the purpose of
hearing an appeal against the suspension or expulsion.
32.2 On receipt of
a notice under sub-rule 32.1 the secretary shall forthwith notify the committee
of Its receipt and the committee shall cause the appeal tribunal to be held
within twenty one days after the date on which the
notice is received by the secretary.
32.3 The appeal
tribunal shall consist of three ordinary or honorary members of at least thirty
years of age who are not current committee members, one of whom shall be
nominated by the member requesting the appeal, one of whom shall be nominated
by the committee and the third shall be the joint nominee of both the member
and the committee, and that member of the appeal tribunal shall be its
chairman.
32.4 At the appeal
tribunal convened for the purpose of this rule -
a. members of the
committee may place before the tribunal details of the grounds of the
suspension or expulsion and the committee's reasons for the suspension or
expulsion;
b. the suspended or
expelled member shall be given an opportunity to be heard and to present any
witnesses they may have, but shall not be represented
by any other person.
32.5 An appeal
tribunal may determine that -
a) a member whom the
committee has expelled
be suspended only and may determine the length of such suspension;
b) the length of a
suspension set by the committee be reduced to such length as the tribunal sets;
but the
tribunal may not expel a member whom the committee has suspended nor increase
the length of the suspension determined by the committee.
32.6 If at the
appeal tribunal a majority of the tribunal vote in
favour of:
a) the lifting of
the expulsion or suspension, the expelled member is entitled to continue their
membership;
b) expulsion, the
expulsion takes-immediate effect and the expelled member ceases to be a
member and the secretary shall immediately remove the expelled member's name
from the Register of Members; or
c) suspension, the
suspension takes immediate effect for the period of the suspension.
33.1 A dispute between a member of the
Association in the capacity as a member and the Association is to be determined
by arbitration in accordance with the provisions of the Commercial
Arbitration Act 1986.
33.2 This rule
does not affect the operation of rule 31 or 32.
34.1 The seal of
the Association is to be in the form of a rubber stamp, inscribed with the name
of the Association encircling the word "Seal”.
34.2 The seal of
the Association is not to be affixed to any instrument except by the authority
of the committee.
34.3 The affixing
of the seal Is to be attested by the signatures of -
a) two members of
the committee; or
b) one member of the
committee and the public officer of the Association or any other person the
committee may appoint for that purpose.
34.4 Attestation
under sub-rule 36.3 is sufficient for all purposes
that the seat was affixed by authority of the committee.
34.5 The seal is
to remain in the custody of the public officer.
35.1 The Statement
of Objects of the Association and these rules may be altered, rescinded or
added to only by a special resolution.
36.1 A resolution
Is a special resolution if it is passed by a majority of not less than
three-quarters of such members of the Association entitled under the rules of
the association to vote, as may be present in person 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.
36.2 Notice of the
passing of a special resolution shall be lodged by the public officer of the
Association, as prescribed, with the Commissioner within a period of one month
after the passing of the resolution and thereupon the resolution shall be
registered by him and, until registered, it does not take effect.
37.1 The
Association may be wound up and dissolved only by a special resolution.
