Victorian Masonic Motorcycle Association Incorporated
No. A0041483K
(being an Incorporated Association within Victoria)
Constitution
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Table of Contents
Section Page
Chapter 1 Introduction
1.1. Name 4
1.2. Purpose of the VMMA 4
1.3. Definitions 4
1.4. Alteration to the Rules of Constitution 5
Chapter 2 Membership
2.1. Membership Criteria 5
2.2. Membership Categories 5
2.3. Membership Pre-requisites and Entitlements 5
- Ordinary Membership 5
- Life Membership 6
- Honorary Membership 6
2.4. Application for Ordinary Membership 7
2.5. Membership Transfer 7
2.6. Membership Fees 8
2.7. Register of Members 8
2.8. Ceasing Membership 8
Chapter 3 Management
3.1. Committee of Management 8
3.2. Executive Officers 9
3.3. Responsibilities of Executive Officers 9
3.4. Election of Committee of Management 9
3.5. Cessation of Appointment on the Committee of Management 9
3.6. Removal from the Committee of Management 10
3.7. Filling Casual Vacancies 10
Chapter 4 Meetings
4.1. Types of Meetings 10
4.2. Agenda and Minutes of Meetings 11
4.3. Business at Meetings 11
4.4. Quorums 11
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4.5. Voting at Meetings 11
4.6. Proxies 12
4.7. Poll at General Meetings 12
4.8. Determining whether a Resolution is Carried 12
4.9. Annual General Meeting 12
4.10. General Meetings 13
4.11. Special General Meetings 14
4.12. Adjournment of Meetings 15
4.13. Committee of Management Meetings 15
Chapter 5 Communication
5.1. Seal 16
5.2. Notice to Members 17
5.3. Winding Up 17
5.4. Custody and Inspection of Books and Records 17
Chapter 6 Financial Matters
6.1. Funds 17
Chapter 7 Members Behaviour
7.1. Discipline, Suspension and Expulsion of Members. 18
7.2. Disputes and Mediation 18
Appendices:
1 Membership Application 21
2 Form of Appointment of Proxy (all meetings) 22
3 Nomination for VMMA Committee of Management 23
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Chapter 1 Introduction
1.1. Name
The name of the Incorporated Association is the Victorian Masonic Motorcycle Association Incorporated (in this Constitution called the Association or more commonly referred to as VMMA).
1.2. Purpose of the VMMA
"
to actively pursue the tenets of Freemasonry by uniting motorcycle riders from all parts of society whilst raising the profile of motorcyclists and Freemasonry via charitable and social means".The
tenets of Freemasonry referred to mean:Brotherly love - Friendship
Relief - Support
Truth - Integrity
1.3. Definitions
(1) In this Constitution, unless the contrary intention appears:
"Act" means the Associations Incorporation Act 1981 as amended;
"Annual General Meeting" means a meeting conducted once per year and is not a general or special general meeting;
"Committee of Management" means the four principle officers plus a minimum of four other committee members;
"Executive Officers" mean the four principle officers of the VMMA;
"Financial Year" means the year ending on 30 June;
"General Meeting" means a meeting that is not a Special General Meeting or Annual General Meeting of members;
"Officer of the VMMA" means one of the four principle officers of the VMMA;
"Regulations" means regulations under the Act;
"Relevant documents" has the same meaning as in the Act;
"Special General Meeting" means a meeting to conduct special or specific business as per the agenda.
(2) In this Constitution, a reference to the Secretary of the VMMA is a reference to a person who holds office under the Rules of this Constitution as Secretary of the VMMA, and in compliance with the Act.
(3) A comprehensive list of definitions, as they apply to the VMMA is contained in Section 3 of the Act.
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1.4. Alteration to the Rules of Constitution
The Constitution, Rules, and the Statement of Purposes of the VMMA must not be altered except in accordance with the Act.
Chapter 2 Membership
2.1. Membership Criteria
(1) Membership of the VMMA is not restricted to Freemasons and is therefore open to non-Freemasons i.e. male, female and families, who have an interest in motorcycling and in the overall activities of the VMMA, which may also include social and charity fundraising events.
(2) A person who is not a member of the VMMA at the time of the Incorporation of the VMMA (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless:
(a) they apply for membership in accordance with Rule 2.4.; and
(b) their admission as a member is approved by the Committee of Management.
(3) Membership of theVMMA will be classified as:
(a) an individual, or
(b) a number of persons covered in one family.
2.2. Membership Categories
(1) The following membership categories are available within the VMMA:
(a) Ordinary Member,
(b) Life Member, and
(c) HonoraryMember.
2.3. Membership Pre-requisites and Entitlements
(1) Ordinary Members:
(a) must complete the appropriate Membership Application form,
(b) must be nominated and seconded by two Ordinary or Life Members,
(c) must be deemed by a majority vote of the Committee of Management as being an appropriate applicant for membership of the VMMA,
(d) if elected at the Annual General Meeting, or appointed via a casual vacancy, can hold a position on the Committee of Management;
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(d) have full voting rights, and
(e) must remain financial by continuing to pay the necessary membership fees owing.
(2) Life Membership.
(a) Life Membership of the VMMA may be granted to recognise a members meritorious service, subject to the relevant criteria set down, from time to time and defined in this Constitution or as amended at an official meeting of the VMMA.
(b) Life Membership may only be granted at an Annual General Meeting, or at a Special General Meeting convened specifically for that purpose where the Special Resolution for Life Membership is tabled and where at least three quarters (75%) of the members entitled to vote in person or by proxy, vote in favour of the resolution. (Refer to Section 29 of the Act)
(c) Any two currently financial Ordinary Members or two Life Members may nominate, and second another member they consider suitable for Life Membership. The nomination shall contain full details in support of the nominated members service, supporting the application for Life Membership. The written nomination shall be posted to the Secretary, and then presented to the Committee of Management for consideration of the suitability of the nomination.
(d) If the nomination is found to be warranted the Secretary will inform the VMMA membership of the meeting details at which a vote on a Life Membershipis to be taken.The notice must be given to members not less than 21 days before a vote on Life Membership is to be taken by members eligible to vote.
(e) The subsequent granting of Life Membership upon the nominated member will absolve that member and their partner from the payment of future membership subscriptions from the date of Life Membership being granted and they shall be accorded such privileges as the Committee of Management of the VMMA, in its discretion, may determine. Not withstanding those determined privileges, all Life Members and their partners will be entitled to vote on all matters pertaining to the VMMA.
(f) Life Members and their partner may nominate for positions on the Committee of Management.
(g) Life Members who resign from the VMMA will be entitled to re-apply for Ordinary Membership.
(3) Honorary membership.
The Committee of Management, by majority vote, may bestow Honorary Membership on a person in recognition of their involvement with the VMMA. Honorary Members:
(a) are not required to vote,
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(b) are not required to pay any fees,
(c) may resign as an honorary member in writing,
(d) are not entitled to hold Executive Officer or Committee of Management positions,
(e) may re-join the VMMA as Ordinary Members.
2.4. Application for Ordinary Membership
(1) An application for Ordinary Membership of the VMMA must:
(a) be made in writing on the form available on the VMMA website and similar to that set out in Appendix 1; and
(b) be lodged with the Secretary of the VMMA.
(2) As soon as practicable after the receipt of an application for membership, the Secretary must refer the application to the Committee of Management to determine whether to approve or reject the application.
(3) If the committee approves an application for membership, the Secretary will:
(a) notify the applicant in writing of the approval for membership; and
(b) request payment of the applicable membership fees be made to the Membership Officer within 28 days.
(4) Upon receipt of the membership fees, the Membership Officer is to provide the applicant with a VMMA Welcome Letter and copy of the VMMA Constitution.
(5) The Secretary and Membership Officer must, within 28 days after receipt of the membership fees, enter the applicant's name in the register of members.
(6) An applicant for membership becomes a member and is entitled to exercise the rights of membership when their name is entered in the register of members.
(7) If the Committee of Management rejects an application, the Secretary is to notify the applicant in writing that their application for membership of the VMMA has been unsuccessful.
2.5. MembershipTransfer
(1) A right, privilege, or obligation of a person by reason of membership of the VMMA:
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates upon the cessation of membership whether by death or resignation or otherwise.
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2.6. Membership Fees
(1) A person approved for Ordinary Membership will only be eligible to be a member of the VMMA upon payment of the joining fee (for a new member) and a membership subscription as set by the Committee of Management, approved by a majority vote of eligible VMMA members at a meeting, and laid out in the table of membership fees which is promulgated on the VMMA website.
(2) The appropriate membership subscription is the relevant amount posted on the VMMA website and on each paper application form, and is payable as per Rule 2.4.
2.7. Register of Members
(1) The Secretary and Membership Officer must keep and maintain a register of all members. That register is to contain:
(a) the name, address and other relevant personal and contact details of each member; and
(b) the date on which each member's name was entered in the register.
(2) No member will make copies of entries in the Members Register without written permission from the Committee of Management.
2.8. Ceasing Membership
(1) A member may resign from the VMMA by:
(a) giving 28 days notice in writing to the Secretary, and
(b) only then having paid any outstanding membership dues.
(2) Once the resigning member has satisfied the requirements of Rule 2.8(1):
(a) the Secretary will provide them with a confirmation of resignation, and
(b) the Secretary and Membership Officer must record in the register of members the date on which the member ceased to be a member.
Chapter 3 Management
3.1. Committee of Management
(1) The affairs of the VMMA shall be managed by the Committee of Management.
(2) The Committee of Management shall consist of:
(a) the Executive Officers of the VMMA, and
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(b) a minimum of four Ordinary or Life Members; each of whom shall be elected to the Committee of Management at the Annual General Meeting of the VMMA each year, or appointed via a casual vacancy.
3.2. Executive Officers
(1) President,
(2) Vice-President,
(3) Secretary, who must:
(a) have attained the age of 18 years, and
(b) be a resident of Victoria.
(4) Treasurer.
3.3. Responsibilities of Executive Officers
(1) The Executive Officers shall:
(a) manage the daily business and affairs of the VMMA, in consultation with the majority of the Committee Management; and
(b) subject to these Rules, the Act and the Regulations, exercise all such powers and functions as may be exercised by the VMMA other than those powers and functions that are required by these Rules to be exercised by General Meetings and/or Special General Meetings of the members of the VMMA.
3.4. Election of Committee of Management
(1) Nomination of a candidate for election to the Committee of Management of the VMMA must be:
(a) made in writing on the appropriate form with the consent of the applicant, seconded by an Ordinary or Life Member; and
(b) delivered to the Secretary of the VMMA not less than 21 days before the date fixed for the holding of the Annual General Meeting.
(2) An eligible member as per Rule 2.3.who is elected to a portfolio or to a specific position in the VMMA at the Annual General Meeting is automatically deemed to be part of the Committee of Management.
3.5. Cessation of Appointment on the Committee of Management
(1) A member of the Committee of Management will immediately vacate their position:
(a) if they cease to satisfy the membership criteria as per Rule 2.3.,and/or
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(b) they become an insolvent under administration within the meaning of the Corporations Law, and/or
(c) if they resign from office by notice in writing given to the Secretary, and/or
(d) ceases to be a member for any other reason not previously defined.
3.6.
Removal from the Committee of Management(1) The VMMA in Special General Meeting may, by resolution, remove any member of the Committee of Management before the expiration of the member's term of office and appoint another member in their place to hold office until the expiration of the term of the first-mentioned member.
(2) A member who is the subject of a proposed resolution referred to in Rule 3.6(1) may make representations in writing to the Secretary or President of the VMMA (not exceeding a reasonable length) and may request that the representations be provided to the members of the VMMA.
(3) The Secretary or the President may give a copy of the representations to each member of the VMMA or, if they are not so given, the member may require that they be read out at the meeting.
3.7. Filling Casual Vacancies
(1) A member nominated/nominating to fill a casual vacancy must first provide sufficient evidence of their competence to perform the role, to the Committee of Management for consideration.
(2) In the event of a casual vacancy occurring in any office in Rule 3.1.(2), the Committee of Management by majority vote may, subject to the members eligibility in Rule 2.3. and Rule 3.2, appoint a VMMA member to fill the vacant office.
(3) The member appointed may continue in that office up to the election of office bearers at the next Annual General Meeting directly following the date of the casual vacancy appointment.
Chapter 4 Meetings
4.1. Types of Meetings
(1) Annual General Meeting,
(2) General Meeting,
(3) Special General Meeting,
(4) Committee of Management Meeting.
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4.2. Agenda and Minutes of Meetings
(1) The Secretary of the VMMA is to:
(a) prepare and distribute an agenda for all meetings,
(b) keep accurate Meeting Minutes which record attendance, resolutions and proceedings of all Annual, Special, General and Committee of Management meetings.
(2) Unless specifically stated to the contrary the Secretary will distribute the Meeting Agenda and Minutes of Meetings to addressees who are eligible to receive them as follows:
(a) by prepaid post to the address appearing in the register of members; or
(b) by facsimile transmission or electronic transmission if the member requests.
4.3. Business at Meetings
Subject to these Rules and the Act, all business conducted at a Special General Meeting and all business that is conducted at the Annual General Meeting, except for business conducted under the Rules as ordinary business of the Annual General Meeting, are deemed to be special business (Section 29 of the Act).
4.4. Quorums
(1) With the exception of Committee of Management Meetings, and Rule 4.4.(2) the quorum for the Annual General Meeting, Special General Meetings, and General Meetings will be no less than 5% of the membership present who are duly entitled to vote as per Rule 2.3.
(2) The quorum for consideration of a special resolution requires at least three quarters (75%) of the members entitled to vote in person or by proxy, to vote in favour of the resolution. (Section 29 of the Act)
4.5. Voting at Meetings
(1) General Provisions.
(a) upon any question arising at any meeting of the VMMA, an eligible member who continues to fully comply with Rule 2.3., has one vote only.
(b) all votes must be given personally or by proxy.
(c) in the case of an inequality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.
(2) Annual General Meeting.
(a) the secret paper ballot for the election of Committee of Management members must only be conducted at the Annual General Meeting,
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(b) regardless of the number of nominations received for the Committee of Management, a secret paper ballot must be held.
4.6. Proxies
(1) Members who are entitled to vote at meetings of the VMMA may appoint another qualified member (Rule 2.3.) as a proxy by notice given to the Secretary, no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(2) The notice appointing the proxy must be for a meeting of the VMMA convened under Rules 4.9., 4.10., or 4.11., in the form (or similar) to that set out in Appendix 2.
4.7. Poll at General Meetings
(1) If at a meeting a poll on any question is demanded by not less than 3 members, it must be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
(2) A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.
4.8. Determining whether a Resolution is Carried
(1) A question arising at a meeting of the VMMA may be determined on a show of hands or by secret paper ballot. The Chairperson will then declare that a resolution has been:
(a) carried; or
(b) carried unanimously; or
(c) carried by a particular majority; or
(d) lost.
(2) The Secretary will make an entry in the VMMA Minute Book as to the outcome of the resolution, without proof of the number or proportion of the votes recorded in favour of, or against, or abstaining from that resolution.
4.9. Annual General Meetings
(1) The VMMA will conduct an Annual General Meeting each year, and comply with all other requirements as per Section 30 of the Act.
(2) The Committee of Management may determine:
(a) the date of the meeting, which must be held within 5 months after the end of the financial year;
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(b) an appropriate time for the meeting to commence,
(c) a suitable location for the meeting.
(3) The Secretary of the VMMA must:
(a) send each member of the VMMA a notice convening the Annual General Meeting, which is to specify that the meeting is an Annual General Meeting and include those details as listed in Rules 4.2. and 4.6.
(b) send the meeting notice:
(i) at least 14 days before the meeting, or
(ii) not less than 21 days before the meeting if a special resolution has been proposed.
(4) The ordinary business of the Annual General Meeting shall be:
(a) to confirm the Minutes of the last preceding Annual General Meeting and any other General Meeting(s) held since that meeting;
(b) to receive from the Committee of Management reports on the transactions of the VMMA during the preceding financial year;
(c) to receive and consider the Financial Statement to be submitted by the VMMA in accordance with Section 30(3) of the Act;
(d) to elect the Committee of Management of the VMMA,
(e) to conduct any special business of which notice has been given in accordance with these Rules.
(5) Eligible members must nominate for the election of Committee of Management positions by using the form (or similar) to that set out in Appendix 3.
(6) No business other than that set out in the notice convening the meeting may be conducted at the meeting.
4.10. General Meetings
(1) General Meetings will be convened at least once per year, or whenever the Committee of Management deems it necessary to gather the membership together to conduct necessary business.
(2) The Secretary of the VMMA must send each member of the VMMA, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting:
(a) at least 14 days before the meeting, or
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(b) not less than 21 days before the meeting if a special resolution has been proposed.
(3) Meeting notices may be sent:
(a) by prepaid post to the address appearing in the register of members; or
(b) by facsimile transmission or electronic transmission if the member requests.
(4) No business other than that set out in the notice convening the meeting may be conducted at the meeting.
(5) A member intending to bring any business before a meeting may notify the Secretary in writing, or by electronic transmission, of that business, which will be included in the notice calling the next general meeting.
(6) No item of business may be conducted at a General Meeting unless a quorum as per Rule 4.4. is present at the time when the meeting is considering that item.
(7) If, within 30 minutes after the appointed time for the commencement of a General Meeting, a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place.
(8) The President, or in the President's absence, the Vice-President, shall preside as Chairperson at each meeting of the VMMA. If the President and the Vice-President are absent from a meeting, or are unable to preside, the members present must select one of their number to preside as Chairperson.
4.11. Special General Meetings
(1) The Committee of Management may, upon receipt of an appropriately worded request supported by not less than 5 per cent (5%) of the total number of members, qualified to vote as per Rule 2.3., or when the Committee of Management deems it necessary, convene a Special General Meeting of the VMMA to transact special business which requires immediate attention.
(2) The request for a Special General Meeting must:
(a) state the objects of the meeting,
(b) be signed by the members requesting the meeting as per Rule 4.11.(1); and
(c) be sent to the address of the Secretary.
(3) If the Committee of Management does not cause a Special General Meeting to be held within one month after the date on which the request is sent to the address of the Secretary, the members making the request may convene a Special General Meeting to be held not later than 3 months after that date.
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(4) If a Special General Meeting is convened by members in accordance with this Rule, it must be convened in the same manner so far as possible as a meeting convened by the Committee of Management and all reasonable expenses incurred in convening the Special General Meeting must be refunded by the VMMA to the persons incurring the expenses.
(5) The Secretary of the VMMA must send each member of the VMMA, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting:
(a) at least 14 days before the meeting, or
(b) not less than 21 days before the meeting if a special resolution has been proposed.
(6) Meeting notices may be sent:
(a) by prepaid post to the address appearing in the register of members; or
(b) by facsimile transmission or electronic transmissionif the member requests.
(7) No business other than that set out in the notice convening the meeting may be conducted at the meeting.
4.12. Adjournment of Meetings
(1) The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.
(2) No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.
(3) If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with Rule 4.11.(6).
4.13. Committee of Management Meetings
(1) The committee must meet at least three times in each year at such places and times as the committee may determine.
(2) Special meetings of the committee may be convened by the President or by any 4 members of the committee.
(3) Where it is deemed expedient, a decision requiring urgent attention may be made by teleconferencing, or by any other suitable electronic communications methods, but will not be binding unless the majority of the members of the Committee of Management agree to the proposal.
(4) Except as specified in Rule 4.13.(3), written notice of each regular Committee of Management meeting must be given to each member of the committee at least 2 business days before the date of the meeting.
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(5) Except as specified in Rule 4.13.(3), written notice of a special Committee of Management meeting must be given to members of the committee, and must specify the specific nature of the business to be conducted and no other business may be conducted at such a meeting.
(6) Any 4 members of the committee plus a chairperson constitute a quorum for the conduct of the business of a meeting of the committee.
(7) No business may be conducted unless a quorum is present.
(8) If within half an hour of the time appointed for the meeting a quorum is not present:
(a) in the case of a special meeting, the meeting lapses;
(b) in any other case, the meeting shall stand adjourned to the same place and the same time and day in the following week.
(9) The committee may act notwithstanding any vacancy on the committee, subject to achieving a quorum as per Rule 4.13.(6).
(10) At Committee of Managementmeetings the following may preside:
(a) the President, or in the President's absence, the Vice-President presides; or
(b). if the President and the Vice-President are absent, or are unable to preside, the members present must choose one of their number to preside.
(11) Voting at committee meetings:
(a) questions arising at a meeting of the committee, or at a meeting of any sub-committee appointed by the committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determine.
(b) each member present at a meeting of the committee, or at a meeting of any sub-committee appointed by the committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
Chapter 5 Communication
5.1. Seal
(1) The common seal of the VMMA must be kept in the custody of the Secretary.
(2) The common seal must not be affixed to any instrument except by the authority of the Committee of Management and the affixing of the common seal must be attested by the signatures either of two members of the committee or, of one member of the committee and the Secretary of the VMMA.
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5.2. Notice to Members
(1) Any notice that is required to be given to a member, by or on behalf of the VMMA, under these Rules may be given by:
(a) delivering the notice to the member personally; or
(b) sending it by prepaid post addressed to the member at that member's address shown in the register of members; or
(c) facsimile transmission, if the member has requested that the notice be given to them in this manner; or
(d) electronic transmission, if the member has requested that the notice be given to them in this manner.
5.3. Winding Up
In the event of the winding up or the cancellation of the incorporation of the VMMA, the assets of the VMMA must be disposed of in accordance with the provisions of the Act.
5.4. Custody and Inspection of Books and Records
(1) The Secretary must keep custody and control of all books, documents and securities of the VMMA, unless other committee members are specifically permitted to do so as per their portfolio.
(2). All accounts, books, securities, and any other relevant documents of the VMMA must be available for inspection free of charge by any member upon request.
(3) A member may make a copy of any accounts, books, securities, and any other relevant documents of the VMMA. A member who does not wish to have their private contact information disclosed to the membership shall be respected and only the Committee of Management will have access to that private information. The Secretary will not disclose any private information without the express permission of the member concerned.
Chapter 6 Financial Matters
6.1. Funds
(1) The Treasurer of the VMMA must:
(a) collect and receive all moneys due to the VMMA and make all payments authorised by the VMMA; and
(b). keep correct accounts and books showing the financial affairs of the VMMA with full details of all receipts and expenditure connected with the activities of the VMMA.
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(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by two members of the Committee of Management.
(3) The funds of the VMMA shall be derived from joining fees, membership subscriptions, donations and such other sources as the Committee of Management determines.
Chapter 7 Members Behaviour
7.1. Discipline, Suspension and Expulsion of Members.
(1) If the Committee of Management considers by majority vote that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the VMMA, the committee may by majority resolution:
(a) fine that member an amount not exceeding $500; or
(b) suspend that member from membership of the VMMA for a specified period; or
(c) expel that member from the VMMA.
(2) A resolution of the committee under Rule 7.1.(1) does not take effect unless:
(a) at a meeting held in accordance with Rule 7.1.(3), the Committee of Management confirms the resolution; and
(b) if the member exercises a right of appeal to the VMMA under this rule, the VMMA confirms the resolution in accordance with this rule.
(3) A meeting of the Committee of Management to confirm or revoke a resolution passed under Rule 7.1.(1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with Rule 7.1.(4).
(4) For the purposes of giving notice in accordance with Rule 7.1.(3), the Secretary must, as soon as practicable, cause a written notice to be given to the member:
(a) setting out the resolution of the Committee of Management and the grounds on which it is based; and
(b) stating that the member, or their representative, may address the Committee of Management at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that they may attend that meeting, or give to the Committee of Management before the date of that meeting a written statement seeking the revocation of the resolution;
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(e) informing the member that, if at that meeting, the Committee of Management confirms the resolution, they may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that they wish to appeal to the VMMA in general meeting against the resolution.
(5) At a meeting of the Committee of Management to confirm or revoke a resolution passed under Rule 7.1.(1), the Committee of Management must:
(a) give the member, or their representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
(6) If at the meeting of the Committee of Management, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that they intend to appeal to the VMMA in special general meeting against the resolution.
(7) If the Secretary receives a notice under Rule 7.1.(6), they must notify the Committee of Management and they must convene a special general meeting of the VMMA to be held within 21 days after the date on which the Secretary received the notice.
(8) At a special general meeting of the VMMA convened under Rule 7.1.(7):
(a) no business other than the question of the appeal may be conducted; and
(b) the Committee of Management may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the member, or their representative, must be given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
(9) A resolution is confirmed if, at the special general meeting, not less than two-thirds of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.
7.2. Disputes and Mediation
(1) The grievance procedure set out in this rule applies to disputes under these Rules between:
(a) a member and another member; or
(b) a member and the VMMA.
Page 20 of 23VMMA Inc. Constitution (draft) 12 July 201 1
(2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
(3) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 14 days, hold a meeting in the presence of a mediator.
(4) The mediator:
(a) must be a person chosen by agreement between the parties,
(b) must be in the absence of agreement, and/or where there is a dispute between a member and another member, a person appointed by the Committee of Management of the VMMA;
(c) must in the case of a dispute between a member and the VMMA, be a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
(d) can be a member of the VMMA,
(e) cannot be a member who is a party to the dispute.
(f) in conducting the mediation, must:
(i) give the parties to the mediation process every opportunity to be heard; and
(ii) allow due consideration by all parties of any written statement submitted by any party; and
(iii) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(g) must not determine the dispute.
(5) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(6) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
Page 21 of 23VMMA Inc. Constitution (draft) 12 July 201 1
Appendix 1to
VMMA Constitution
Incorporation # A0041483K
Ride Free Ride Freemasonry
MEMBERSHIP APPLICATION / RENEWAL FORM (Current July 2010)
Membership subscription fees are due on the 1st of July. Memberships not received by September, if due, will be deleted from the mailing list.
Joining Fee:- $25.00 (which includes up to two name badges for Family Membership)
Any additional or replacement name badges will be $10.00 each.
Membership Subscription period is 3 years (Includes family members under age of 18 years)
Single/Family $75.00 for 3 years
Total amount due for new members including the Joining Fee
Single/Family $100.00 for 3 Years
Enclosed is my cheque, money order, cash for $ (Receipt/No............)
(make cheque/ money order payable to VMMA Inc.). & give or post to :-
Dennis Setterfield, 38 Coogee Avenue, Frankston, VIC 3199.Ph: (03) 97833898
Family Name:- .. .. Given Name/s:- .. . . ...
Date of Birth . /. /. .... Occupation ................................................................
Spouse / Partners Name (optional):- ...... ................
Childrens name/s:........................................................................................................................................
Address:- . . ..
. P/ Code .
Phone Home:- .. . .... Work:- .. .. . .. .. ... .
Mobile:- . Fax:- E-mail:- .. . .. ..
Working with children: Are you registered to Work with Children in Victoria? YES / NO
If YES: Card no . . . Expiry Date: .. . .....
Please forward copy of Card (Front and Rear)
If NO: "Working with Children" application forms are now available from most Post Offices.
Please contact Dennis if you need assistance to complete the form.
Other Details Nick Name (Optional):- .
Lodge Member: Yes/No Lodge Name & No:- .. . .. ... .
Masonic Rank:- .. .. . .. .
Make of Bike:- .. . .. . Model/Year:- . . .. ..
Registration No:- . . Licence No:- .. . .. .
If I/we are admitted as a member 1/we agree to be bound by the rules in the Constitution.
Under the privacy act do you wish your details to remain confidential. YES / NO
Signed:- . Date:- / / .
Page 22 of 23VMMA Inc. Constitution (draft) 12 July 201 1
Appendix 2 to
VMMA Constitution
Form of Appointment of Proxy All Meetings
(strikethrough words/sections not applicable)
I, ..
(
name)of
(
address)being a financial/lifemember of the
Victorian Masonic Motorcycle Association Inc.appoint
(
name of proxy holder)of .
(
address of proxy holder)being a financial/lifemember of the VMMA Inc. as my proxy to vote on my behalf at the Annual General Meeting/special general meeting/general meeting of the Association to be held on ..and at any adjournment of that meeting, duly notified.My proxy is authorised to vote in favour of/against/abstain on agenda items as listed below:
|
Please list the voting matter and tick your voting intention in the box. For |
Against |
Abstain |
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|
1 |
All resolutions presented |
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2 |
Specific resolutions as named: |
||
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a. |
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b. |
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c. |
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