The Cat Association Of The Northern
Territory (Inc)
affiliated with A.C.F. Inc
CONSTITUTION
Revised 2007
CONSTITUTION
TABLE OF CONTENTS
CONSTITUTION
PART 1: PRELIMINARY
1 NAME
2 OBJECTS AND PURPOSES
3 MINIMUM NUMBER OF MEMBERS
4 DEFINITIONS
PART 2: CONSTITUTION AND POWERS OF ASSOCIATION
5 POWERS OF C.A.N.T. (INC.)
6 EFFECT OF CONSTITUTION
7 INCONSISTENCY BETWEEN CONSTITUTION AND ACT
8 ALTERING THE CONSTITUTION
PART 3: MEMBERS
9 CLASSES OF MEMBERSHIP
10 APPLICATION FOR MEMBERSHIP
11 APPROVAL OF COMMITTEE
12 JOINING FEE
13 ANNUAL MEMBERSHIP FEES
14 GENERAL
15 VOTING
16 NOTICE OF MEETINGS AND SPECIAL RESOLUTIONS
17 ACCESS TO INFORMATION ON C.A.N.T. (INC)
18 RAISING GRIEVANCES AND COMPLAINTS
19 TERMINATION OF MEMBERSHIP
20 DEATH OF MEMBER OR WHEREABOUTS UNKNOWN
21 SUSPENSION OR EXPULSION OF MEMBERS
22 APPEALS AGAINST SUSPENSION OR EXPULSION
PART 4: MANAGEMENT COMMITTEE
23 ROLE AND POWERS
24 COMPOSITION OF MANAGEMENT COMMITTEE
25 DELEGATION
26 ELIGIBILITY OF COMMITTEE MEMBERS
27 NOMINATION FOR ELECTION TO COMMITTEE
28 RETIREMENT OF COMMITTEE MEMBERS
29 ELECTION BY DEFAULT
30 ELECTION BY BALLOT
31 VACATING OFFICE
32 REMOVAL OF COMMITTEE MEMBER
33 FILLING CASUAL VACANCY ON COMMITTEE
34 COLLECTIVE RESPONSIBILITY OF COMMITTEE
35 CHAIRPERSON AND VICE-CHAIRPERSON
36 SECRETARY
37 TREASURER
38 PUBLIC OFFICER
39 ADDITIONAL OFFICE HOLDERS
PART 5: MEETINGS OF MANAGEMENT COMMITTEE
40 FREQUENCY AND CALLING OF MEETINGS
41 VOTING AND DECISION MAKING
42 QUORUM
43 PROCEDURE AND ORDER OF BUSINESS
44 DISCLOSURE OF INTEREST
45 CONVENING GENERAL MEETINGS
46 SPECIAL GENERAL MEETINGS
47 ANNUAL GENERAL MEETING
48 SPECIAL RESOLUTIONS
49 NOTICE OF MEETINGS
50 QUORUM AT GENERAL MEETINGS
51 LACK OF QUORUM
52 VOTING
53 PROXIES
PART 6: GENERAL MEETINGS
45 CONVENING GENERAL MEETINGS
46 SPECIAL GENERAL MEETINGS
47 ANNUAL GENERAL MEETING
48 SPECIAL RESOLUTIONS
49 NOTICE OF MEETINGS
50 QUORUM AT GENERAL MEETINGS
51 LACK OF QUORUM
52 VOTING
53 PROXIES
PART 7: FINANCIAL MANAGEMENT
54 FINANCIAL YEAR
55 FUNDS AND ACCOUNTS
56 ACCOUNTS AND AUDITS
PART 8: GRIEVANCE AND DISPUTES
57 GRIEVANCE AND DISPUTES PROCEDURES
PART 9: MISCELLANEOUS
58 COMMON SEAL
59 DISTRIBUTION OF SURPLUS ASSETS ON WINDING UP
PART 1: PRELIMINARY
1 NAME
1.1 The name of the incorportated association is:
The Cat Association of the Northern Territory (Inc) and shall be known
as C.A.N.T. (Inc.).
2 OBJECTS AND PURPOSES
2.1 The objects and purposes of C.A.N.T. (Inc.) are as follows:
2.1.1 To promote in every way the general improvement of the standard,
breeding and the exhibition of cats.
2.1.2 To draw up and provide rules, with reference to the A.C.F. (Inc)
rules, under which C.A.N.T. (Inc.) or any duly appointed Committee or
Sub Committee may grant permission to hold Championship Shows and other
exhibitions.
2.1.3 To regulate any such shows and other exhibitions.
2.1.4 To conduct, control and manage shows and exhibitions of cats and
to approve the holding of shows and exhibitions of cats by others, for
any purpose connected with the objects of C.A.N.T. (Inc.).
2.1.5 To train judges and other officers as required by C.A.N.T. (Inc.)
from time to time.
2.1.6 To protect the interests of exhibitors at shows and other
exhibitions.
2.1.7 To either give or contribute towards prizes, medals and awards in
connection with shows and other exhibitions. To promote and support
displays and entertainment.
2.1.8 To award Challenge Certificates, Award of Merit Certificates,
Championships, to allot titles and to make regulations thereto.
2.1.9 To keep a Register of Cats and ownership thereof, litters and
Prefixes and to make regulations.
2.1.10 To compile and publish stud books.
2.1.11 To publish a periodical to be known as "Mews of the NT.", copies
to be made available to all financial members or subscribers, 50% per
annum from each member's annual subscriptions shall be set apart for the
periodical.
2.1.12 To draw up rules for the affiliation of kindred bodies and grant
or withhold affiliation in accordance with the rules of C.A.N.T. (Inc.).
2.1.13 To subscribe to and become affiliated with, any other bodies
whose objects are kindred in the objects of C.A.N.T. (Inc.).
2.1.14 To afford the means of reference for the amicable settlement of
disputes and to prevent illegal, discreditable or dishonest practices.
2.1.15 To hear appeals from exhibitors or from members of affiliated
bodies, owners of cats who are themselves, or whose cats have been
disqualified or penalised by affiliated bodies.
3 MINIMUN NUMBER OF MEMBERS
3.1 The C.A.N.T. (Inc.) must have at least 5 members.
4 DEFINITIONS
4.1 In this Constitution, unless the contrary intention appears:
4.1.1 “Act” means the Associations Act and regulations made under that
Act;
4.1.2 “Committee” means the Management Committee of the C.A.N.T. (Inc.);
4.1.3 “financial institution” means an authorised deposit-taking
institution within the meaning of section 5 of the Banking Act 1959 of
the Commonwealth;
4.1.4 “general meeting” means a general meeting of members convened in
accordance with clause 44;
4.1.5 “member” means a member of C.A.N.T. (Inc.);
4.1.6 “affiliate member” means a club affiliated with C.A.N.T. (Inc.)
and with similar objects and purpose to C.A.N.T. (Inc.)
4.1.7 “register of members” means the register of C.A.N.T. (Inc.)
members established and maintained under section 34 of the Act;
4.1.8 “special resolution” means a resolution notice of which is given
under clause 47 and passed in accordance with section 37 of the Act.
PART 2: CONSTITUTION AND POWERS OF ASSOCIATION
5 POWERS OF C.A.N.T. (INC.)
5.1 For achieving its objects and purposes, C.A.N.T. (Inc.); has the
powers conferred by sections 11 and 13 of the Act.
5.2 Subject to the Act, C.A.N.T. (Inc.); may do all things necessary of
convenient for carrying out its objects or purposes, and in particular,
may:
5.2.1 Acquire, hold and dispose of real or personal property;
5.2.2 Open and operate accounts with financial institutions;
5.2.3 Invest its money in any security in which trust monies may
lawfully be invested;
5.2.4 Raise and borrow money on the terms and in the manner it considers
appropriate;
5.2.5 Secure the repayment of money raised or borrowed, or the payment
of a debt or liability;
5.2.6 Make rules, regulations and/or by laws, and to do all other acts,
matters and things as may be necessary or expedient to promote all or
any of the objects or matters incidental thereto;
5.2.7 Levy fees for membership, registration of cats, litters, prefixes,
transfers of ownership, or for any other purpose which is considered
desirable;
5.2.8 Appoint Committees, Sub Committees or Sub Branches and to delegate
such powers as are considered appropriate;
5.2.9 Maintain a gift fund called “CATS NT” for the promotion of cats in
the Northern Territory. Operation of the fund is to be in accordance
with the Rules and Regulations of C.A.N.T. (Inc.)
5.2.10 Appoint agents to transact business on its behalf; and
5.2.11 Enter into any other contract it considers necessary or
desirable.
6 EFFECT OF CONSTITUTION
6.1 This Constitution binds every member and C.A.N.T. (Inc.); to the
same extent as if every member and C.A.N.T. (Inc.); had signed and
sealed this Constitution and agreed to be bound by it.
7 INCONSISTENCY BETWEEN CONSTITUTION AND ACT
7.1 If there is any inconsistency between this Constitution and the Act,
the Act prevails.
8 ALTERING THE CONSTITUTION
8.1 This Constitution shall come into force forthwith and shall be the
Constitution of C.A.N.T. (Inc.) and no part of the Constitution shall be
varied, altered, repealed or amended save at a General Meeting of
C.A.N.T. (Inc.) by a special resolution on that behalf carried by a
majority of seventy five (75%) percent of the members present.
8.2 If the Constitution is altered, the public officer must ensure
compliance with section 23 of the Act.
PART 3: MEMBERS
DIVISION 1 MEMBERSHIP
9 CLASSES OF MEMBERSHIP
9.1 Full Membership:
9.1.1 A person who is 18 years or over may apply for Full Membership of
C.A.N.T. (Inc.).
9.1.2 The person must be a resident of the Northern Territory.
9.2 Junior Membership:
9.2.1 A person who is under the age of 18 years.
9.2.2 Membership fees shall not include the periodical "Mews of the NT".
9.2.3 On attaining 18 years, a Junior Member shall automatically be
elected a Full Member.
9.3 Life Membership:
9.3.1 May be conferred upon persons who in the opinion of the Committee
have given outstanding or special service to C.A.N.T. (Inc.).
9.3.2 A Life Member shall retain the voting rights possessed before
election to honorary status and retain all privileges of a Full Member.
If not previously a member of C.A.N.T. (Inc.) such rights as the
Committee shall determine.
9.4 Affiliate Membership:
9.4.1 Clubs with objects that are kindred to the objects of C.A.N.T.
(Inc.) may apply for Affiliate Membership.
9.4.2 Each Affiliate Member shall annually following each annual general
meeting of the Affiliate Member provide to C.A.N.T. (Inc.) a certified
copy of the Club's Balance Sheet for the preceding year and a list of
current Office Bearers and a report of activities.
9.5 Associate Membership:
9.5.1 A person who is not otherwise eligible to apply for membership of
C.A.N.T. (Inc.) under another memebership class may apply for Associate
Membership.
9.5.2 An associate member must not vote but may have other rights as
determined by the Committee or by resolution at a general meeting.
10 APPLICATION FOR MEMBERSHIP
10.1 Application for membership shall be
10.1.1 made in writing on a form approved by the Committee; and
10.1.2 signed by the person and proposed by a member of C.A.N.T. (Inc.).
11 APPROVAL OF COMMITTEE
11.1 The name of every person applying for membership shall be submitted
to the Committee at its next available Committee meeting for election or
otherwise.
11.2 The Committee shall have power to refuse application for
membership.
11.3 If an application is rejected, the applicant may appeal against the
decision by giving notice to the Secretary within 14 days after being
advised of the rejection.
11.4 If an applicant gives notice of an appeal against the rejection of
his or her application, the Committee must reconsider the application at
the next committee meeting after receipt of the notice of appeal.
11.5 If after reconsidering an application the Committee reaffirms its
decision to reject the application, the decision is final.
12 JOINING FEE
12.1 If an application for membership is approved by the Committee, the
applicant becomes a member on payment of the joining fee.
12.2 The joining fee is either:
12.2.1 a pro rata annual fee based on the remaining part of the
financial year; or
12.2.2 the amount determined from time to time by resolution at a
general meeting.
13 ANNUAL MEMBERSHIP FEES
13.1 All members subscription shall become due and payable on the first
day of February each year.
13.2 The annual membership fee for each of the classes of membership
referred to in clause 9 is the amount determined from time by the
Committee.
13.2.1 In the case of a Family Membership, where one member is a Life
Member, the annual subscription shall be the difference between a family
membership and a single membership.
13.3 Any person whose subscription shall be unpaid for three months
shall be deemed an unfinancial member and shall not be entitled to any
privileges of membership.
DIVISION 2 RIGHTS OF MEMBERS
14 GENERAL
14.1 Subject to clause 15.4, a member may exercise the rights of
membership when his or her name is entered in the register of members.
14.2 A right of membership of C.A.N.T. (Inc.):
14.2.1 to be issued annually with a Membership Card and Number;
14.2.2 is not capable of being transferred or transmitted to another
person; and
14.2.3 terminates on the cessation of membership whether by death,
resignation or otherwise.
14.3 The Committee has the power to determine the rights of membership.
15 VOTING
15.1 Subject to subclause 15.4 and clause 18, each member has one vote
at general meetings of C.A.N.T. (Inc.).
15.2 Junior and Associate Members do not have the right to vote at any
meetings of C.A.N.T. (Inc.)
15.3 Each Affiliate Member has one vote at any meetings of C.A.N.T.
(Inc.)
15.4 A member is not eligible to vote until 10 working days after his or
her application has been accepted.
16 NOTICE OF MEETINGS AND SPECIAL RESOLUTIONS
16.1 The Secretary must give all members notice of general meetings and
special resolutions in the manner and time prescribed by this
Constitution.
17 ACCESS TO INFORMATION ON C.A.N.T. (INC)
17.1 The following must be available for inspection by members:
17.1.1 a copy of this Constitution;
17.1.2 minutes of general meetings;
17.1.3 a register of members;
17.1.4 annual reports and annual financial reports.
18 RAISING GRIEVANCES AND COMPLAINTS
18.1 A member may raise a grievance or complaint about a committee
member, the Committee or another member of C.A.N.T. (Inc.).
18.2 The grievance or complaint must be dealt with by the procedures set
out in Part 8.
DIVISION 3 TERMINATION, DEATH, SUSPENSION AND EXPULSION
19 TERMINATION OF MEMBERSHIP
19.1 .Membership of the Association may be terminated by:
19.1.1 a notice of resignation addressed and posted to the Association
or given personally to the Secretary or another committee member;
19.1.2 non-payment of the annual membership fee within the time allowed
under clause 13.3; or
19.1.3 expulsion in accordance with this Division.
20 DEATH OF MEMBER OR WHEREABOUTS UNKNOWN
20.1 If a member dies or the whereabouts of a member are unknown, the
Committee must cancel the member's membership.
21 SUSPENSION OR EXPULSION OF MEMBERS
21.1 If the Committee considers that a member should be suspended or
expelled because his or her conduct is detrimental to the interests of
C.A.N.T. (Inc.), the Committee must give notice of the proposed
suspension or expulsion to the member.
21.2 The notice must:
21.2.1 be in writing and include:
21.2.1.1 the time, date and place of the committee meeting at which the
question of that suspension or expulsion will be decided; and
21.2.1.2 the particulars of the conduct; and
21.2.1.3 be given to the member not less than 30 days before the date of
the committee meeting referred to in paragraph 21.2.1.1.
21.3 At the meeting, the Committee must afford the member a reasonable
opportunity to be heard or to make representations in writing.
21.4 The Committee may suspend or expel or decline to suspend or expel
the member from C.A.N.T. (Inc.) and must give written notice of the
decision and the reason for it to the member.
21.5 Subject to clause 22, the decision to suspend or expel a member
takes effect 14 days after the day on which notice of the decision is
given to the member.
21.6 In the case of a person suspended or disqualified or otherwise
ineligible to take part in shows or exhibitions held under the rules of
C.A.N.T. (Inc.) he or she shall cease to be a member for the term of
such suspension, disqualification or ineligibility, or for a longer
period as the Committee shall decide.
21.7 Any person whether a member of C.A.N.T. (Inc.) or not, may be
disqualified by C.A.N.T. (Inc.) if in the opinion of the Committee such
has:
21.7.1 taken part in promotion of an unrecognised show or exhibition
21.7.2 entered a cat for an unrecognised show or exhibition
21.7.3 exhibited a cat at any unrecognised show, or has had a
proprietary interest in any cat when such cat was being shown at an
unrecognised show
21.7.4 acted as Judge or in any other official capacity at any
unrecognised show
21.7.5 knowingly employed any disqualified person in any capacity
whatsoever, in connection with cats
21.7.6 been found guilty of wilfully stealing, poisoning, maiming or
otherwise disfiguring any cat. The disqualification in this case is for
life and shall prevent such person from holding a Prefix and breeding or
registering any cats with C.A.N.T. (Inc.)
21.8 The person disqualified shall not be permitted to take part in any
recognised show whether as a competitor or judge or other official.
22 APPEALS AGAINST SUSPENSION OR EXPULSION
22.1 A member who is suspended or expelled under clause 21 may appeal
against that suspension or expulsion by giving notice to the Secretary
within 14 days after receipt of the Committee's decision.
22.2 The appeal must be considered at a general meeting of the
Association and the member must be afforded a reasonable opportunity to
be heard at the meeting or to make representations in writing prior to
the meeting for circulation at the meeting.
22.3 The members present at the general meeting must, by resolution,
either confirm or set aside the decision of the Committee to suspend or
expel the member.
22.4 The member is not suspended or does not cease to be a member until
the decision of the Committee to suspend or expel him or her is
confirmed by a resolution of the members.
PART 4: MANAGEMENT COMMITTEE
DIVISION 1 GENERAL
23 ROLE AND POWERS
23.1 The business of C.A.N.T. (Inc.) must be managed by or under the
direction of a Management Committee.
23.2 The Management Committee may exercise all the powers of C.A.N.T.
(Inc.) except those matters that the Act or this Constitution requires
C.A.N.T. (Inc.) to determine through a general meeting of members.
23.3 The Management Committee may appoint and remove staff.
23.4 The Management Committee may establish one or more subcommittees
consisting of the members of C.A.N.T. (Inc.) the Committee considers
appropriate.
24 COMPOSITION OF MANAGEMENT COMMITTEE
24.1 The Management Committee comprises:
24.1.1 President, Vice-President, Secretary, Minute Secretary, Status
Clerk, Treasurer, Registrar, Prefix Recorder, Editor, Sub Editor, Chief
Steward, Policy & Procedures Manager and Committee Members.
24.1.2 Members may also be appointed to act as Publicity Officer,
Honours Recorder, Membership Secretary, Show Manager, Club Liaison
Officer and Trainee Registrar. These are honorary appointments and
therefore ex officio members of the Committee. These positions do not
carry any voting rights.
24.2 The Management Committee shall consist of a maximum of eighteen
(18) elected members.
24.3 A Member of the Management Committee may hold two (2) positions.
24.4 Each Affiliate Member or C.A.N.T. (Inc.) Sub-Branch shall elect a
delegate at the Affiliates Annual General Meeting or in the case of a
Sub-Branch at a special meeting held to do such. Delegates represent the
Affiliate Member's or C.A.N.T. (Inc.) Sub-Branch’s interests at meetings
of C.A.N.T. (Inc.). The delegate from each Affiliate Member or C.A.N.T.
(Inc.) Sub-Branch shall be ipso facto a member of the Committee, such
Committee Member shall have voting rights.
24.5 An Immediate Past President shall be an honorary position conferred
on a retiring President who no longer retains a position on the
Committee.
24.5.1 When conferred the Immediate Past President shall remain in such
office until the current President vacates office and at Committee
Meetings does not have a vote.
24.6 Unless elected directly as a separate office holder, the Committee
must appoint one committee member to be C.A.N.T. (Inc.)'s public
officer.
25 DELEGATION
25.1 The Committee may delegate to a Sub-Committee or staff any of its
powers and functions other than:
25.1.1 this power of delegation; or
25.1.2 a duty imposed on the Committee by the Act or any other law.
25.2 The delegation must be in writing and may be subject to the
conditions and limitations the Committee considers appropriate.
25.3 The Committee may, in writing, revoke wholly or in part the
delegation.
25.4 The President and Secretary shall be ex officio members of all
Sub-Committees.
DIVISION 2 TENAURE OF OFFICE
26 ELIGIBILITY OF COMMITTEE MEMBERS
26.1 A committee member must be a Full Member or Life Member who is 18
years or over.
26.2 Committee members must be elected to the Committee at an annual
general meeting or appointed under clause 33.
27 NOMINATION FOR ELECTION TO COMMITTEE
27.1 A member is not eligible for election to the Committee unless the
Secretary receives a written nomination for that member by November 30th
each year.
27.2 The nomination must be signed by:
27.2.1 the nominator and a seconder; and
27.2.2 the nominee to signify his or her willingness to stand for
election.
27.3 A person who is eligible for election or re-election under this
clause may:
27.3.1 propose or second himself or herself for election or re-election;
and
27.3.2 vote for himself or herself.
27.4 Only two members from the same family may be on the Committee at
any one time.
28 RETIREMENT OF COMMITTEE MEMBERS
28.1 A committee member holds office until the next annual general
meeting unless the member vacates the office under clause 31 or is
removed under clause 32.
28.2 Subject to subclause (3), at an annual general meeting the office
of each committee member becomes vacant and elections for a new
Committee must be held.
28.3 The President of the outgoing Committee must preside at the annual
general meeting until a new member is elected as President.
28.4 Members may serve consecutive terms on the Committee.
29 ELECTION BY DEFAULT
29.1 If the number of persons nominated for election to the Committee
under clause 27 does not exceed the number of vacancies to be filled,
the President must declare the persons to be duly elected as members of
the Committee at the annual general meeting.
29.2 If vacancies remain on the Committee after the declaration under
subclause 29.1, additional nominations of committee members may be
accepted from the floor of the annual general meeting.
29.3 If the nominations from the floor do not exceed the number of
remaining vacancies, the President must declare those persons to be duly
elected as members of the Committee.
29.4 If the nominations from the floor are less than the number of
remaining vacancies, the unfilled vacancies are taken to be casual
vacancies and must be filled by the new Committee in accordance with
clause 33.
30 ELECTION BY BALLOT
30.1 If the number of nominations exceeds the number of vacancies on the
Committee, ballots for those positions must be conducted.
30.2 The ballot must be by postal ballot of the financial members before
the 1st February. Declaration of the ballot shall be at the annual
general meeting of C.A.N.T. (Inc.). Two impartial scrutineers shall be
elected to oversight the counting of the ballot. Where a tied vote
occurs the ballot will be re-conducted till a decision is obtained.
30.3 The members chosen by ballot must be declared by the President to
be duly elected as members of the Committee.
31 VACATING OFFICE
31.1 The office of a committee member becomes vacant if:
31.1.1 the member:
31.1.1.1 is disqualified from being a committee member under section 30
or 40 of the Act;
31.1.1.2 resigns by giving written notice to the Committee;
31.1.1.3 dies or is rendered permanently incapable of performing the
duties of office by mental or physical ill-health;
31.1.1.4 ceases to be a resident of the Northern Territory; or
31.1.1.5 ceases to be a member of C.A.N.T. (Inc.)
31.1.2 the member is absent from more than:
31.1.2.1 3 consecutive committee meetings; or
31.1.2.2 3 committee meetings in the same financial year without
tendering an apology to the President;
of which meetings the member received notice and the Committee has
resolved to declare the office vacant.
32 REMOVAL OF COMMITTEE MEMBER
32.1 C.A.N.T. (Inc.), through a special general meeting of members, may
remove any committee member before the member's term of office ends.
32.2 If a vacancy arises through removal under subclause 32.1, an
election must be held to fill the vacancy.
33 FILLING CASUAL VACANCY ON COMMITTEE
33.1 If a vacancy remains on the Committee after the application of
clause 29 or if the office of a committee member becomes vacant under
clause 31, the Committee may appoint any member of C.A.N.T. (Inc.) to
fill that vacancy.
33.1.1 Such nominee shall hold office until the next annual general
meeting, when such position shall be filled by election.
33.2 However, if the office of public officer becomes vacant, a person
must be appointed under section 27(6) of the Act to fill the vacancy.
DIVISION 3 DUTIES OF COMMITTEE MEMBERS
34 COLLECTIVE RESPONSIBILITY OF COMMITTEE
34.1 All acts done by members of the Committee or of a Sub Committee
duly authorised on their behalf shall, notwithstanding that it
afterwards be discovered that some person or persons were ineligible to
act on such Committee or Sub Committee be as valid as if such person or
persons were eligible to act on such Committee or Sub Committee.
34.2 As soon as practicable after being elected to the Committee, each
committee member must become familiar with the Act and regulations made
under the Act.
34.3 The Committee is collectively responsible for ensuring C.A.N.T.
(Inc.) complies with the Act and regulations made under the Act.
35 PRESIDENT AND VICE-PRESIDENT
35.1 Subject to subclauses 35.2 and 35.3, the President must preside at
all general meetings and committee meetings.
35.2 If the President is absent from a meeting, the Vice-President must
preside at the meeting.
35.3 If the President and the Vice-President are both absent, the
presiding member for that meeting must be:
35.3.1 a member elected by the other members present if it is a general
meeting; or
35.3.2 a committee member elected by the other committee members present
if it is a committee meeting.
35.4 The Vice-President shall assume the position of President if the
position of President becomes vacant during the year until a permanent
President is appointed by the Committee or until the next general
meeting whichever is decided by the Committee.
36 SECRETARY
36.1 The Secretary must:
36.1.1 coordinate the correspondence of C.A.N.T. (Inc.);
36.1.2 ensure minutes of all proceedings of general meetings and of
committee meetings are kept in accordance with section 38 of the Act;
36.1.3 maintain the register of members in accordance with section 34 of
the Act;
36.1.4 unless the members resolve otherwise at a general meeting – have
custody of all books, documents, records and registers of C.A.N.T.
(Inc.), other than those required by clause 37(5) to be in the custody
of the Treasurer; and
36.1.5 perform any other duties imposed by this Constitution on the
Secretary.
36.2 All or any of the duties required to be performed by the Secretary
in clause 36.1 may be performed by another committee member.
37 TREASURER
37.1 The Treasurer must:
37.1.1 receive all moneys paid to or received by C.A.N.T. (Inc.) and
issue receipts for those moneys in the name of C.A.N.T. (Inc.);
37.1.2 all moneys received into the account of C.A.N.T. (Inc.) within 5
working days after receipt;
37.1.3 make any payments authorised by the Committee or by a general
meeting of C.A.N.T. (Inc.) from the C.A.N.T. (Inc.)'s funds; and
37.1.4 ensure cheques are signed by him or her and at least one other
committee member, or by any 2 other committee members authorised by the
Committee.
37.2 The Treasurer must ensure the accounting records of C.A.N.T. (Inc.)
are kept in accordance with section 41 of the Act.
37.3 The Treasurer must coordinate the preparation of C.A.N.T. (Inc.)'s
annual statement of accounts.
37.4 If directed to do so by the President, the Treasurer must submit to
the Committee a report, balance sheet or financial statement in
accordance with that direction.
37.5 The Treasurer has custody of all securities, books and documents of
a financial nature and accounting records of C.A.N.T. (Inc.) unless the
members resolve otherwise at a general meeting.
37.6 The Treasurer must perform any other duties imposed by this
Constitution on the Treasurer.
38 PUBLIC OFFICER
38.1 The public officer must ensure that documents are filed with the
Commissioner of Consumer Affairs in accordance with sections 23, 28 and
45 of the Act.
38.2 The public officer must keep a current copy of the Constitution of
C.A.N.T. (Inc.).
39 ADDITIONAL OFFICE HOLDERS
39.1 The Committeee may appoint a patron to C.A.N.T. (Inc.)
PART 5: MEETINGS OF MANAGEMENT COMMITTEE
40 FREQUENCY AND CALLING OF MEETINGS
40.1 The Committee must meet together for the conduct of business each
calendar month provided there be business to warrant such meeting, or as
often as deemed necessary but not less than 4 times in each financial
year.
40.2 Each Committee Member shall be informed of such meeting in writing,
seven (7) clear days before the meeting if such Committee Member was
absent from the previous meeting, or at least twenty-four (24) hours
before the meeting if they attended the previous meeting.
40.3 The President, the Secretary, or any two members of the Committee,
shall have power to call Committee Meetings.
40.4 The President, or at least half the committee members, may at any
time convene a special meeting of the Committee.
40.5 A special meeting may be convened to deal with an appeal under
clause 22.
41 VOTING AND DECISION MAKING
41.1 All members of the Committee present at the Meeting, except the
Chairman at the Meeting, Immediate Past President, and the Secretary
shall be entitled to vote.
41.2 The method of voting shall be open voting. A question arising at a
committee meeting must be decised by a majority of votes.
41.3 Any Committee Member who is unable to be present at the Meeting may
nominate a proxy to deliver votes on their behalf. Such proxy votes
shall be accepted provided it is in writing.
41.4 The Chairman at the Meeting shall have a casting vote in all cases
of equality of voting on any question.
41.5 The ruling of the Chairman at the Meeting on any matter of order or
practice shall be considered final.
42 QUORUM
42.1 For a committee meeting, five (5) constitutes a quorum.
43 PROCEDURE AND ORDER OF BUSINESS
43.1 The procedure to be followed at a committee meeting must be
determined from time to time by the Committee.
43.2 The order of business may be determined by the members present at
the meeting.
43.3 Only the business for which the meeting is convened may be
considered at a special meeting.
44 DISCLOSURE OF INTEREST
44.1 A committee member who has a direct or indirect pecuniary interest
in a contract, or proposed contract, with the Association must disclose
the nature and extent of the interest to the Committee in accordance
with section 31 of the Act.
44.2 The Secretary must record the disclosure in the minutes of the
meeting.
44.3 The Chairperson must ensure a committee member who has a direct or
indirect pecuniary interest in a contract, or proposed contract,
complies with section 32 of the Act.
PART 6: GENERAL MEETINGS
45 CONVENING GENERAL MEETINGS
45.1 C.A.N.T. (Inc.) must hold all annual general meetings within five
(5) months after the end of C.A.N.T. (Inc.)’s financial year.
45.2 The Committee:
45.2.1 may at any time convene a special general meeting;
45.2.2 must, within thirty (30) days after the Secretary receives a
notice under clause 22.1, convene a special general meeting to deal with
the appeal to which the notice relates; and
45.2.3 must, within thirty (30) days after it receives a request under
clause 46.1, convene a special general meeting for the purpose specified
in that request.
46 SPECIAL GENERAL MEETINGS
46.1 A special general meeting of members of C.A.N.T. (Inc.) may be
summoned by the Committee and shall be so summoned by them at the
request of the President or five (5) members of the Committee.
46.2 The request must:
46.2.1 state the purpose of the special general meeting; and
46.2.2 be signed by the members making the request.
46.3 If the Committee fails to convene a special general meeting within
the time allowed:
46.3.1 for clause 45.2.2 – the appeal against the decision of the
Committee is upheld; and
46.3.2 for clause 45.3.3 – the members who made the request may convene
a special general meeting as if they were the Committee.
46.4 If a special general meeting is convened under subclause 46.3.2,
C.A.N.T. (Inc.) must meet any reasonable expenses of convening and
holding the special general meeting.
46.5 The Secretary must give to all members not less than twenty-one
(21) days notice of a special general meeting.
46.6 The notice must specify:
46.6.1 when and where the meeting is to be held; and
46.6.2 the particulars of and the order in which business is to be
transacted.
47 ANNUAL GENERAL MEETING
47.1 The Annual General Meeting of C.A.N.T. (Inc.) shall be held in
February each year.
47.2 Notice of business for discussion at the annual meeting must be
lodged in writing with the Secretary before the 1st day of January of
that year.
47.3 The Secretary must give to all members not less than twenty-one
(21) days notice of an annual general meeting.
47.4 The notice must specify:
47.4.1 when and where the meeting is to be held; and
47.4.2 the particulars of and the order in which business is to be
transacted.
47.5 The order of business for each annual general meeting is as
follows:
47.5.1 first – the consideration of the accounts and reports of the
Committee;
47.5.2 second – the election of new committee members;
47.5.3 third – any other business requiring consideration by C.A.N.T.
(Inc.) at the meeting.
48 SPECIAL RESOLUTIONS
48.1 A special resolution may be moved at any general meeting of C.A.N.T.
(Inc.).
48.2 The Secretary must give all members not less than twenty-one (21)
days notice of the meeting at which a special resolution is to be
proposed.
48.3 The notice must include the resolution to be proposed and the
intention to propose the resolution as a special resolution.
49 NOTICE OF MEETINGS
49.1 The Secretary must give a notice under this Part by:
49.1.1 serving it on a member personally; or
49.1.2 sending it by post to a member at the address of the member
appearing in the register of members.
49.2 If a notice is sent by post under subclause 49.1.2, sending of the
notice is taken to have been properly effected if the notice is
addressed and posted to the member by ordinary prepaid mail.
50 QUORUM AT GENERAL MEETINGS
50.1 At a general meeting fifteen (15) or three quarters (¾) of the paid
membership, whichever is the lesser, constitutes a quorum.
51 LACK OF QUORUM
51.1 If within thirty (30) minutes after the time specified in the
notice for the holding of a general meeting a quorum is not present:
51.1.1 for an annual general meeting or special general meeting convened
under clause 45.2.1 – the meeting stands adjourned to the same time on
the same day in the following week and to the same place;
51.1.2 for a meeting convened under clause 45.2.2 – the members who are
present in person or by proxy may proceed with hearing the appeal for
which the meeting is convened; or
51.1.3 for a meeting convened under clause 45.2.3 – the meeting lapses.
51.2 If within thirty (30) minutes after the time appointed by subclause
51.1.1 for the resumption of an adjourned general meeting a quorum is
not present, the members who are present in person or by proxy may
proceed with the business of that general meeting as if a quorum were
present.
51.3 The Chairman of the Meeting may, with the consent of a general
meeting at which a quorum is present, and must, if directed by the
members at the meeting, adjourn that general meeting from time to time
and from place to place.
51.4 There must not be transacted at an adjourned general meeting any
business other than business left unfinished or on the agenda at the
time when the general meeting was adjourned.
51.5 If a general meeting is adjourned for a period of thirty (30) days
or more, the Secretary must give notice of the adjourned general meeting
as if that general meeting were a fresh general meeting.
52 VOTING
52.1 Subject to clauses 15.2 and 15.4, each member present in person or
by proxy at a general meeting is entitled to a deliberative vote.
52.2 At a general meeting:
52.2.1 an ordinary resolution put to the vote is decided by a majority
of votes made in person or by proxy; and
52.2.2 a special resolution put to the vote is passed if three-quarters
of the members who are present in person or by proxy vote in favour of
the resolution.
52.3 A poll may be demanded by the Chairman of the Meeting or by three
(3) or more members present in person or by proxy.
52.4 If demanded, a poll must be taken immediately and in the manner the
Chairman of the Meeting directs.
52.5 The Chairman at the Meeting shall have a casting vote in all cases
of equality of voting on any question.
53 PROXIES
53.1 A member may appoint in writing another member to be the proxy of
the appointing member to attend and vote on behalf of the appointing
member at any general meeting.
PART 7: FINANCIAL MANAGEMENT
54 FINANCIAL YEAR
54.1 A financial year of C.A.N.T. (Inc.) is the period of 12 months
ending on the 31st day of December.
55 FUNDS AND ACCOUNTS
55.1 C.A.N.T. (Inc.) must open an account with a financial institution
from which all expenditure of C.A.N.T. (Inc.) is made and into which all
of C.A.N.T. (Inc.)'s revenue is deposited.
55.2 Subject to any restrictions imposed by C.A.N.T. (Inc.) at a general
meeting, the Committee may approve expenditure on behalf of C.A.N.T.
(Inc.) within the limits of the budget.
55.3 All cheques, drafts, bills of exchange, promissory notes and other
negotiable instruments must be signed by two (2) committee members.
55.4 All funds of C.A.N.T. (Inc.) must be deposited into the financial
account of C.A.N.T. (Inc.) no later than five (5) working days after
receipt or as soon as practicable after that day.
55.5 With the approval of the Committee, the Treasurer may maintain a
cash float provided that all money paid from or paid into the float is
accurately recorded at the time of the transaction.
56 ACCOUNTS AND AUDITS
56.1 The responsibility of the Committee under clause 34.3 for ensuring
compliance with the Act includes meeting the requirements of Part 5 of
the Act and regulations made for that Part relating to:
56.1.1 the keeping of accounting records;
56.1.2 the preparation and presentation of C.A.N.T. (Inc.)'s annual
statement of accounts; and
56.1.3 the auditing of C.A.N.T. (Inc.)'s accounts.
PART 8: GRIEVANCE AND DISPUTES
57 GRIEVANCE AND DISPUTES PROCEDURES
57.1 This clause applies to disputes between:
57.1.1 a member and another member; or
57.1.2 a member and the Committee.
57.2 Within fourteen (14) days after the dispute comes to the attention
of the parties to the dispute, they must meet and discuss the matter in
dispute, and, if possible, resolve the dispute.
57.3 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
ten (10) days after the meeting, hold another meeting in the presence of
a mediator.
57.4 The mediator must be:
57.4.1 a person chosen by agreement between the parties; or
57.4.2 in the absence of agreement:
57.4.2.1 for a dispute between a member and another member – a person
appointed by the Committee; or
57.4.2.2 for a dispute between a member and the Committee – a person who
is a mediator appointed or employed by the department administering the
Act.
57.4.3 A member of C.A.N.T. (Inc.) can be a mediator.
57.4.4 The meditor cannot be a party to the dispute.
57.4.5 The parties to the dispute must, in good faith, attempt to settle
the dispute by mediatiation.
57.4.6 The mediator, in coducting the mediation, must:
57.4.6.1 give the parties to the mediation process every opportunity to
be heard;
57.4.6.2 allow due consideration by all parties of any written statement
submitted by any party; and
57.4.6.3 ensure due consideration by all parties of any written
statement by any party; and
57.4.6.4 ensure natural justice is accorded to the parties to the
dispute throughout the mediation process.
57.4.7 The mediator must not determine the dispute.
57.4.8 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.
PART 9: MISCELLANEOUS
58 COMMON SEAL
58.1 The common seal of C.A.N.T. (Inc.) must not be used without the
express authority of the Committee and every use of that common seal
must be recorded by the Secretary.
58.2 The affixing of the common seal of C.A.N.T. (Inc.) must be
witnessed by any two (2) of the following:
58.2.1 the Chairperson;
58.2.2 the Secretary;
58.2.3 the Treasurer.
58.3 The common seal of C.A.N.T. (Inc.) must be kept in the custody of
the Secretary or another person the Committee from time to time decides.
59 DISTRIBUTION OF SURPLUS ASSETS ON WINDING UP
59.1 If on the winding up or dissolution of C.A.N.T. (Inc.), and after
satisfaction of all its debts and liabilities, there remains any assets,
the assets must not be distributed to the members or former members.
59.2 The surplus assets must be given or transferred to another
association incorporated under the Act that:
59.2.1 has similar objects or purposes;
59.2.2 is not carried on for profit or gain to its individual members;
and
59.2.3 is determined by resolution of the members.
59.3 Disbursement of the gift fund “CATS NT’ is to be directed to a DGR
Fund.