means the Associations Incorporation Act 1964;
means the association referred to in rule 1;
the person appointed as the auditor of the Association under rule 9;
objects of the Associationmeans the objects
and purposes of the Association as stated in an application under section 7 of
the Act for the incorporation of the Association;
means a committee as defined by the Act;
meeting includes -
·the annual general meeting; and
·any special general meeting;
business of the annual general meeting means the business specified in
means a financial member of the Association;
member means a member of the committee to whom rule 21 relates;
Inc. means the Australian
Endurance Riders Association Inc., the governing body for affiliated endurance
riding in Australia;
committee means a group of people who form an independent committee to
properly affiliate, organise and conduct one or more affiliated rides;
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;
means genus equidae and hence shall include horses, mules and donkeys;
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
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.
a withdrawal of membership privileges and rights for a period
of time determined by the committee;
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.
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;
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
riding rules, regulations, guidelines and veterinary procedures are observed in
a manner that provides protection for the well being
of horses ridden inaffiliated rides;
foster the highest ideals in sportsmanship and horsemanship and the spirit of
endurance riding as embodied in the motto 'to complete is to win';
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;
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;
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;
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;
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
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;
information relation to the performance, training, diseases, genetics, animal
husbandry and feeding of equines used in the sport of equine endurance riding;
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 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;
activities amongst members;
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
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;
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;
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
acquire and undertake all or any part of the property assets, liabilities and
engagements of any association with which theAssociation may at
any time become amalgamated in accordance with the provisions of the Act and
w)do all such other
lawful things as are incidental or conducive to the attainment of any of the
of membership of the Association, plus their qualifications and entitlements
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.
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;
·hold office as a committee
·vote at any general
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.
membership category as determined by the committee of the Association from time
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
accompanied by the payment of the annual subscription in accordance with rule
5.3A person Is
not to be admitted to membership unless the admission as a member is approved
by the Association committee.
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
b)upon receipt of
the membership fee payable, is to enter the applicant's name in the register of
5.5A member of
the Association may resign from the Association by delivering or sending by
post a written notice of resignation to the secretary.
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.
5.7A person -
a)becomes a member
of the Association when his or her name is entered in the register of members;
b)ceases to be a
member of the Association when his or her name is removed from the register of
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
adjustment of the rights of the contributories among themselves.
under sub-rule 5,9 Is not to exceed $1.00.
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.
received and expended by the Association and the matter in respect of which the
receipt or expenditure takes place; and
credits and liabilities of the Association.
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.
treasurer of theAssociation
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.
accounts, books and records are to be kept at the Association's office or at
any other place the committee decides.
treasurer of the Association, on behalf of the Association, is to -
a)receive all money
paid to the Association; and
the receipt issue official receipts.
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.
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
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
the authority of the committee, a payment of any sum exceeding $20 Is not to be
made from thefunds of
the Association otherwise than by cheque drawn on the Association's account.
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
not to be drawn on the Association's account except for the payment of
expenditure that has been authorised by the committee.
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.
annual general meeting of the Association, the members present are to
appoint a person as the auditor of the Association.
is to hold office until the annual general meeting next after that at which he
or she is appointed, and is eligible for reappointment.
appointment Is not made at an annual general meeting, the committee is to
appoint an auditor for the current financial year of the Association.
may only be removed from office by special resolution.
9.5If 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.
may convene a general meeting of theAssociation at any time.
committee, on the requisition in writing of at least 10 members, may convene a
general meeting of the Association.
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.
12.4If 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.
meeting convened by requisitionists Is to be convened in the same manner as
nearly as possible as meetings are convened by the committee.
12.6All reasonable expenses incurred by
requisitionists in convening a general meeting are to be refunded by 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.
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.
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
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.
16.3It is not
necessary to give any notice of an adjournment or of the business to be
transacted at an adjourned meeting.
arising at a general meeting of the Association is to be determined on a show
or on thedeclaration 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 thefact, without proof of the
number or proportion of the votes recorded
In favour of, or against, that resolution.
of the Association are to be managed by a committee of management.
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.
consists of those members nominated as committee members by the members of the Association
and elected at the annual general meeting of the Association.
shall consist of ten members, one half of whom shall be elected at the annual
general meeting in each year.
committee member holds office until the annual general meeting held two years
after the date of election and is eligible for re-election
shall hold its first meeting within thirty days after the annual general meeting
electing it and at that first meetingshall elect the officers of the Association from the committee
21.7If 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.
of the Association are as follows:
c)a treasurer; and
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.
of the Association is to hold office until the next annual general meeting after
the date of election, and is eligible for reelection.
have the powers of the ordinary members when they are sitting as chairman,
except where otherwise stated in these rules.
22.5If 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.
may appoint other functional positions within the committee from time to time.
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.
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 -
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
unsound mind; or
d)resigns office in
writing addressed to the committee; or
e)ceases to be
resident in the State; or
leave granted by the committee, to attend 3 consecutive meetings of the
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;
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.
is to meet at such times and places the committee determines to transact such
business as the committee determines.
committee meetings shall be given to committee members either in writing, by
telephone or personally.
meetings of the committee may be convened by the president or any four of its
25.4Notice 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.
committee members plus one shall constitute a quorum for the transaction of the
business of a meeting of the committee.
not to be transacted unless a quorum is present.
25.7If 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
25.8At 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;
b)If demanded by a
member, by a poll taken in any manner the person presiding at the meeting
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
25.11If there is an
equality of votes on any issue, the issue will be deemed to have been lost.
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
26.1A 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 thefirst
meeting of the committee after the acquisition of the interest.
26.2If 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.
26.3A 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.
powers and functions of that subcommittee;
person as a member of a subcommittee without voting rights, whether
or not the person is a member of the Association; and
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, thetreasurer 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.
30.1A 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.
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.
this rule, the full committee less one may suspend or expel a member if that
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;
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;
themselves in a manner-considered to be injurious or prejudicial to the
character or interests of the Association, of the -AERA Inc. or affiliated
should be determined only where suspension is not considered an adequate
discipline action for the severity of the noncompliance.
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.
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.
appropriate people may be asked to attend or to provide additional information
31.6That part of
a committee meeting dealing with the suspension or expulsion shall be closed to
members not involved in thesuspension
or expulsion process.
available evidence and deliberating on the issues, the committee members
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;
grounds for the suspension or expulsion;
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.
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.
32.1A 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.
32.2On 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.
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
32.4At 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
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.
tribunal may determine that -
a)a member whom the
be suspended only and may determine the length of suchsuspension;
b)the length of a
suspension set by the committee be reduced to such length as the tribunal sets;
tribunal may not expel a member whom the committee has suspended nor increase
the length of the suspension determined by the committee.
32.6If at the
appeal tribunal a majority of the tribunal vote in
a)the lifting of
the expulsion or suspension, the expelled member is entitled to continue their
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
suspension takes immediate effect for the period of the suspension.
33.1A dispute betweena 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.
does not affect the operation of rule 31 or 32.
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.
36.2Notice 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.