& PURPOSES OF
INCOME & PROPERTY
OF RECEIPTS & EXPENDITURE
OF GENERAL MEETINGS
AND QUORUM AT GENERAL MEETINGS
TO PRESIDE AT GENERAL MEETINGS
OF GENERAL MEETINGS
OF QUESTIONS ARISING AT GENERAL MEETINGS
POLL TO BE TAKEN
OF ASSOCIATION TO BE MANAGED BY A COMMITTEE
OF THE ASSOCIATION
OF NUMBERS OF COMMITTEE
OF INTEREST IN CONTRACTS
OR EXPULSION OF-MEMBERS
TO AN APPEAL TRIBUNAL
OF OBJECTS & RULES
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
annual general meeting; and
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:
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;
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;
non-competitive introductory event which provides an introduction to endurance
riding for both horses and riders;
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;
referring to writing include any mode of representing or reproducing words in a visible
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.
& 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
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
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
take on lease or in exchange, hire or otherwise acquire any real or personal
sell, supply and deal in goods of all kinds;
maintain and alter buildings or works;
any gift, whether subject to a special trust or not;
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
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:
in affiliated rides;
at any general meeting and hold office (but only if over the age of 18 years);
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:
in affiliated rides; nor
office as a committee member; nor
· vote at any
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
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
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
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 -
the assets of the Association for payment of the debts or liabilities of the
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
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
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
b) the property, credits and liabilities of the
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, or
other persons authorised by the committee, on behalf of the Association, is to -
a) receive all money paid to the Association;
b) immediately after the receipt issue official
8.2 The committee is to cause to be opened
with any bank, building society or credit union the committee selects an
account, or accounts, 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
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 or electronic funds transfer 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 or electronic funds transfers
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, other negotiable instruments or electronic funds
transfers are to be signed or otherwise authorised by any two of: the president,
vice president, secretary, treasurer and any other nominated committee member.
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.
10.1 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
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:
to the information at his or her disposal and the explanations given; and
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
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
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
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
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
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
13.1 The Secretary 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.
13.2 A notice is published for
the purposes of 13.1 if the notice –
(a) appears on a website of the Association; and may also
(b) be sent to each member of the Association
member’s postal or residential address or address of business or employment; or
email address that the member has nominated as the email address to which
notices from the Association may be sent.
14 BUSINESS AND QUORUM AT GENERAL MEETINGS
14.1 All business transacted at a general
meeting, except the ordinary business of the annual general meeting, is special
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.
15.1 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
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
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
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
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 re-election.
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 two 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
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 prior to or at the annual
general meeting in the usual manner as directed by the committee.
23.6 Where the ballot is conducted prior to
the AGM all reasonable steps are to be taken to ensure-
(a) only the votes of those entitled to vote are include in
(b) the votes of those entitled to vote are counted once
(c) the confidentiality of voting, with the results being
enclosed in a sealed envelope by the returning officer, to be opened at the
Annual General Meeting.
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
c) becomes of unsound mind; or
d) resigns office in writing addressed to the
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;
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
25.1 The committee is to meet at such times
and places the committee determines to transact such business as the committee
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
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.
25.13 A Committee meeting may be held at two or more venues
using any technology approved by the Committee that gives each Committee Member
a reasonable opportunity to participate.
25.14 A quorum must be physically present at one of the
25.15 Other than with respect to making up a quorum, a
Committee Member who participates in a Committee Meeting using that technology
is taken to be present at the meeting and, if the member votes at the meeting,
is taken to have voted in person.
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
c) co-opt any person as a member of a
subcommittee without voting rights, whether or not the person is a member of the
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
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
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
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
c) if suspension, stating the period of
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
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
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
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
34.4 Attestation under sub-rule 34.3 is
sufficient for all purposes that the seal was affixed by authority of the
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
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
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.