TEERA - RULES OF ASSOCIATION ( .pdf available here)
amended February 2023 re. issue of receipts in some circumstances
and audit of accounts - exemptions under the Act
“Constitution” and Certificate of Incorporation (below)
Contents
6
ASSOCIATION INCOME & PROPERTY
7
ACCOUNTS OF RECEIPTS & EXPENDITURE
13
NOTICES OF GENERAL MEETINGS
14
BUSINESS AND QUORUM AT GENERAL
MEETINGS.
15
PRESIDENT TO PRESIDE AT GENERAL
MEETINGS.
16
ADJOURNMENT OF GENERAL MEETINGS
17
DETERMINATION OF QUESTIONS ARISING
AT GENERAL MEETINGS
21
AFFAIRS OF ASSOCIATION TO BE
MANAGED BY A COMMITTEE
22
OFFICERS OF THE ASSOCIATION
23
ELECTION OF NUMBERS OF COMMITTEE
26
DISCLOSURE OF INTEREST IN CONTRACTS
31
SUSPENSION OR EXPULSION OF-MEMBERS
32
APPEAL TO AN APPEAL TRIBUNAL
35
ALTERATIONS OF OBJECTS & RULES
RULES OF ASSOCIATION
1
NAME OF ASSOCIATION
1.1
The name of the Association is the Tasmanian Equine Endurance Riders
Association Inc.
2
INTERPRETATION
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
ASSOCIATION'S OFFICE
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
MEMBERSHIP OF ASSOCIATION
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
eighteen 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
eighteen years or more during the calendar year of application and who have the
right to:
·
hold office as a committee
member;
·
vote at any general
meeting;
but shall not have the right
to compete in affiliated rides.
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 eighteen 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
ASSOCIATION INCOME & PROPERTY
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
ACCOUNTS OF RECEIPTS & EXPENDITURE
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
BANKING & FINANCE
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; and
b)
where the money is received other than by direct
deposit into the Association’s bank account, e.g. by cash or cheque, 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, 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 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 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
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.
10A
EXEMPTIONS UNDER THE ACT
10A.1
For any financial year that the Association is exempt from the
requirement to be audited by virtue of
section 24(1B)
or
(1C)
of the Act –
a)
an auditor is not required to be appointed for that financial year under
rule 9
unless the Association elects to have the financial affairs of the Association
for that financial year audited in accordance with the Act and these rules; and
b)
if an auditor is not appointed for a financial year by virtue of
paragraph a)
–
·
rules 9
and
10
do not apply in respect of the Association for that financial year; and
·
rule 11(5)(b)
, to the extent that it relates to an auditor, does not apply in respect of the
annual general meeting held by the Association in respect of that financial
year; and
·
(iii)
rule 11(5)(d)
does not apply in respect of the annual general meeting held by the Association
in respect of that financial year.
10A.2
For any financial year that the Association is exempt from the
requirement to provide an annual return by virtue of
section 24(1B)
of the Act, the committee must provide, as part of the ordinary business of the
annual general meeting for that financial year, a copy of the annual financial
report given under the
Australian Charities and
Not-for-profits Commission Act 2012
of the Commonwealth in respect of that financial year.
10A.3
Where the Association elects not to have its financial affairs audited in
accordance with the Act, it will appoint a suitable member, group of members or
external person, not being members of the Committee, to examine the
Association’s financial affairs for that year. For all practical purposes the
provisions of Rules 9 and 10 will apply to those appointed and to their
appointment.
11
ANNUAL GENERAL MEETING
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
GENERAL MEETINGS
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
NOTICES OF GENERAL MEETINGS
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 at-
·
the member’s postal or
residential address or address of business or employment; or
·
an 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 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
ADJOURNMENT OF GENERAL MEETINGS
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
DETERMINATION OF QUESTIONS ARISING AT GENERAL MEETINGS
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
VOTES
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
TAKING OF POLL
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
WHEN POLL TO BE TAKEN
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
AFFAIRS OF ASSOCIATION TO BE MANAGED BY A COMMITTEE
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
The committee shall include at least six Ordinary members.
21.6
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
21.7
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.
21.8
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
OFFICERS OF THE ASSOCIATION
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 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
ELECTION OF NUMBERS OF COMMITTEE
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, supported by two
members of the Association, verified by their signatures on the form or
otherwise by the Secretary 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 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 the ballot;
(b) the votes of those entitled to vote are counted once
only;
(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
VACATION OF OFFICE
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
COMMITTEE MEETINGS
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.
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 Fifty percent of the quorum must be physically
present at one of the venues.
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.
25.16
In the event of there being circumstances where a physical meeting is not
possible the SMC may meet virtually with the quorum requirements of clause 25.14
and 25.15 being rescinded for that meeting only.
26
DISCLOSURE OF INTEREST IN CONTRACTS
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
SUBCOMMITTEES
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
EXECUTIVE COMMITTEE
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
ANNUAL SUBSCRIPTION
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
NOTICES
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
SUSPENSION OR EXPULSION OF-MEMBERS
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
APPEAL TO AN APPEAL TRIBUNAL
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
DISPUTES
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.
