AUTHORITY FOR EMRG BY-LAWS June 2017
PART 8 — RULES OF ASSOCIATION
1. By-laws
Guidance Note – Status of By-laws – A by-law must be consistent with the Act, the regulations and these rules. The rules of an association bind the association and the members as an enforceable contract between them. By-laws may not have that status. Therefore, the use of by-laws should be reserved for more procedural or administrative matters.
(1) The Association may, by resolution at a general meeting, make, amend or revoke by-laws.
(2) By-laws may —
(a) provide for the rights and obligations that apply to any classes of associate membership approved under rule 8(2); and
(b) impose restrictions on the committee’s powers, including the power to dispose of the association’s assets; and
(c) impose requirements relating to the financial reporting and financial accountability of the association and the auditing of the association’s accounts; and
(d) provide for any other matter the association considers necessary or convenient to be dealt with in the by-laws.
(3) A by-law is of no effect to the extent that it is inconsistent with the Act, the regulations or these rules.
(4) Without limiting sub-rule (3), a by-law made for the purposes of sub-rule (2)(c) may only impose requirements on the Association that are additional to, and do not restrict, a requirement imposed on the Association under Part 5 of the Act.
(5) At the request of a member, the Association must make a copy of the by-laws available for inspection by the member.
BY-LAWS Sept 2022
1. Meetings shall be held at the Clubs premises at McLean Road on the 3rd. Sunday of each month at such a time to be decided by ordinary resolution at any ordinary meeting. The annual general meeting shall be held on the 3rd. Sunday of January of each year at a time and place to be decided either by ordinary resolution or by the committee.
2. Order of business The order of business may be as follows or may be altered at the discretion of the President/chairperson.
a) Confirmation of minutes either read or circulated.
b) Business arising from those minutes.
c) Reading of correspondence.
d) Business arising from the presented correspondence.
e) Acceptance of Treasurers report and passing of accounts for payment and or ratification of actions previously taken.
f) Reports.
g) Consideration of motions previously notified.
h) Resolutions of the Committee and notification of the committees acceptance or rejection of petitions for membership.
j) Business of a general nature.
3. Life and Honorary membership
a) will be determined by at least three of the President, Vice President, Secretary and Treasurer.
b) All nominations for Life or Honorary memberships will be accepted from the 1st Dec to 1st Jan. Nominations should be a signed/emailed document and include the nominator’s reason for putting forward the member. Nominations to be delivered to the President or Secretary who will confer with the other officers in 3 a)
c) Deliberations of group 3 a) will be In Camera, with a maximum of two awards being granted per annum for combined Categories
d) In the event of the nominees/nominator being one of 3 a: , another committee member may be seconded for these deliberations.
4. The Committee wil consist of President, Vice President, Secretary, Treasurer & at least three other ordinary or life members
5. The Groups accounts are to be audited at the changeover of Treasurers.
6. Rules of Association and By-Laws, Annual Fees,Joining Fee and Postage charges are to be on Web Page.
7. After AGM, Rules of Association annual returns are to be done by Primary User.
8. Application for membership of the Group, will be done Online via the emrgesperance.com web page
9. The Holder of the Member Register is to :-
a) Receive Online Applications for Membership
b)Copy Application into Member Register & allocate Mem No.
c) Send out Potential Membership Forms ( Form II )
d) Wait 7days for submissions to President or Secretary
e) On their clearance, President will obtain approval from committee
f) Send out Acceptance Form ( Form III )
g) Place members details on the current member Data Base.
10. If a member is 3 months overdue, then they are to be served with an “Overdue Notice” ( Form IV ).
11. All articles stored on EMRG property are at owners risk, as personal property is not insured by EMRG.
12. All articles brought on to the property for display are to be identified by number and placed in a register.
13. Only completed or running items to be in display sheds.
14. Only minor maintenance to be performed in display sheds.
15. All articles to have relevant information board supplied by owner.
16. All items prone to leaks to have drip trays, supplied by owner.
17. Dust sheets to have matching item I.D number on them.
18. Static displays to have information board and be of good standard
19. If Group deems items not suitable, owner to remove.
20. Machinery to be movable ( Forklift/Crane friendly)
21. No holes to be drilled in floors or walls without permission.
22. No camping on EMRG lease.
23. All donated items, were possible to be sanctioned by the committee e.g. (machinery,display items)
24. The owner is to remove from the grounds, any item considered inappropriate by the committee or a general meeting.
25. Except by committee approval, all items on the grounds are to be owned by the EMRG or by a financial Member or Life member.
26. Members who resign or become unfinancial are to remove all their properties from the EMRG grounds.
27. With the exception of your own property, no other property is to be loaned or removed from the EMRG lease without the approval of the committee.
28. Members are required to submit a written application to EMRG Committee for approval to undertake major private projects at the EMRG complex.
Criteria for private projects to be considered by Committee The project application to be outlined in written detail inclusive of proposed timeline, storage and work area required plus the use of any EMRG tools, equipment and power likely to be consumed
Form II
Gday All, Xxxx Xxxxx has been proposed for membership of the Group by Xxxx Xxxxx. If anyone has any reason why he/she should not be a member, then you have 7days to inform either the President Xxxx Xxxxx 04xxxxxxxx or the Secretary Xxxx Xxxxx 04xxxxxxxx. This is a mandatory form for all potential members which requires no action unless you have an objection.
Form III
On behalf of the President and members of the Esperance Mechanical Restoration Group Inc.
I welcome you into our Group.On receipt of $55 Annual Fee and $25 Joining Fee your membership will be completed.
You may pay by cheque to
EMRG Box 1323 Esperance 6450
or by EFT to
EMRG BSB 036 150 Acc 296198
We have a busy bee / social morning tea every Monday morning to which all are welcome.
Form IV
OVERDUE NOTICE
<< Date>>
Dear << First Name>>,
According to our financial records, your membership is 3 months in arrears and I therefore draw your attention to Rule 12(4) of our Rules of Association required by the Associations Incorporation Act 2015.
12 (4) If a member has not paid the annual membership fee within the period of 3 months after
the due date, the member ceases to be a member on the expiry of that period.
<< First Name>> if we haven’t received payment by the next meeting, then this notice will come into effect, and I would draw your attention to Rule 24 of the EMRG by-laws :- Members who resign or become unfinancial are to remove all their properties from the EMRG grounds.
I would also point out to you, that should you have concessional vehicles on our vehicle register, then according to Concession 404 rules, those vehicles then becomes unlicensed.
Hoping you can fix the arrears as we appreciate your membership
Xxxx Xxxx Secretary
Box 1323 Esperance 6450
EMRG BSB 036 150 Acc 296198
STANDING ORDERS FOR THE CONDUCT OF MEETINGS
These standing orders are applicable to the conduct of all meetings and are supplemented by specific rules within the Group constitution. In cases of difference the constitution shall be considered as superseding the Standing Orders and will take precedence over them
1. CHAIRMAN’S RULING: A member speaking shall resume his seat upon the Chairman
rising and no other member shall rise until the Chairman is again seated. The ruling of the Chairman on any question shall be final unless challenged by no less than four members, and thereafter two-thirds of the members present shall vote in support of such challenge.
2. SPEECHES: No member shall be allowed to speak more than once upon any subject
before the meeting, unless in Committee or on a point of order, or explanation, except the mover of the Original Motion as defined in Standing Order 5. But on an amendment
before moved, any member, even though he has spoken on the Original Motion, may speak again on the amendment. The period of time for which a member may speak can be limited by the Chairman at his discretion. Members wishing to raise points of order or explanation must first obtain the permission of the Chairman and must rise immediately the alleged breach has occurred. Any member may formally second any motion or amendment and reserve his speech until a later period in the debate.
3. MOTIONS AND AMMENDMENTS: The first proposition on any subject shall be known
as the Original Motion and all succeeding propositions on that subject shall be called
amendments. Every motion or amendment must be moved and seconded before it can be discussed. No amendment may be put which negates or contradicts the Original Motion. No Original Motion may in itself be negative. Riders may be added to propositions in the same way as amendments may be introduced to amend them.
4. SUBSTANTIVE MOTIONS: If an amendment be carried, it displaces or alters the
Original Motion and becomes the substantive motion, which shall be put to the vote and if carried shall then become a resolution of the meeting.
5. RIGHT OF REPLY: The mover of the Original Motion shall, if no amendment be moved,
have the right to reply at the close of the debate upon such motion. When an amendment is moved he shall be entitled to speak on it and at the close of the debate on such amendment shall reply to the discussion, but shall introduce no new matter. The question shall then be put to the vote immediately and under no circumstances shall any further discussion be allowed once the question has been put from the Chair. The mover of an amendment shall not be entitled to reply.
6. WITHDRAWALS OR ADDITIONS: No motion or amendment which has been accepted
by the Chairman shall be withdrawn without the unanimous consent of the meeting.
Neither shall any addendum or rider be added to a motion which has once been accepted by the Chairman without such consent. Should any member dissent, the addendum or rider must be proposed, seconded and treated in the way of an ordinary amendment or rider.
7. CLOSING DEBATE: The motions for the previous question, next business, adjournment
(See Standing Order 11) or the closure of debate may only be moved and seconded by
members who have not previously spoken at any time during the debate. No speeches shall be allowed on such motions. In the event of the closure being carried, the mover of the Original Motion shall have the right of reply before the question is put. Should any of the motions in this Standing Order be defeated, fifteen minutes shall elapse before it can be accepted again b the Chairman, unless in his opinion the circumstances have materially altered in the meantime.
8. RESCINDING OF RESOLUTIONS: No resolution shall be rescinded or amended at the
same meeting at which it is passed.
9. SELECTION OF SPEAKERS: Every member shall stand when speaking and shall
address the Chairman as ‘Mr (or Madam) Chairman”. When more than one member rises to speak, the first to rise shall be given precedence, the decision resting with the Chairman.
10. CONDUCT: If any member interrupts the speaker, or uses abusive language or causes a disturbance or refuses to obey the Chairman when called to order, he shall be named by the Chairman. He shall then be expelled from the meeting and shall not be allowed to enter again until an apology satisfactory to the meeting has been given. No member shall leave the meeting before its conclusion without the permission of the Chairman.
11. ADJOURNMENT: Any member who has not already spoken upon the proposition under debate may move the adjournment of the question under discussion or the adjournment of the meeting. The mover of the motion upon which the adjournment has been moved shall be allowed to reply on the question of adjournment, but such reply shall not prejudice his rights of reply on his own motion. In the event of such a motion being lost it shall not be moved again, except in accordance with Standing Order 7.
12. SUSPENSION OF STANDING ORDERS: On any matter of urgency the Chairman may
accept a motion for the suspension of Standing Orders. The member moving such
suspension must clearly state the nature and urgency of his business, the number of Standing Orders affected and the length of time (not exceeding 30 minutes) he desires such suspension to last. No suspension shall take place except by a ¾ majority vote of the
members present.
DEPARTMENT of COMMERCE MEETING PROCEDURES
1. Types of meetings
2. Meeting procedures
3. Sample Form – Appointment of Proxy
General requirements for a meeting.
All formal meetings of the association must be properly convened in accordance with the
association’s rules. All members must be notified of:
1. What type of meeting is being held;
2. The place, date and time of the meeting; and
3. The business to be considered at the meeting, including the full text of all motions that will be put to members at the meeting.When the meeting has commenced, it is important to first establish that there is a quorum to satisfy the quorum requirements in the association’s rules. If there are not enough members present at the meeting, it will be invalid and any motions passed may not be effective. If there is a quorum, then all voting and passing of resolutions must be carried out in accordance with the rules and recorded accurately in the minutes. Incorporated associations are intended to be run in a democratic manner. The way in which meetings are conducted can have a major effect on members’ perceptions of whether their association is democratic.
The following suggestions can assist in this regard:
Correspondence to and from the association should be tabled at the meeting. Members in attendance should be given the opportunity to read the documents or if agreed, to obtain copies;
Make sure everyone at the meeting gets a say. People who tend to dominate should be
stopped and quieter people encouraged to voice their opinion;
No one wants to spend long hours at meetings. If there are a lot of people who want to
speak in relation to the matters under discussion, it is useful to limit the amount of time each member has to speak; and
Ensure there are clear decisions and that everyone understands the matters being discussed. It is especially important that the person taking the minutes has the opportunity to write down what is agreed. It can be a good idea to sometimes stop and check that everyone approves what has been recorded as the resolution passed. (For further information, see Minutes ( / books/inc-guide-incorporated-associations-western-australia/types-records-bekept)).
The Chairperson is responsible for implementing these suggestions. Notice and agenda of meeting
The purpose of a notice of meeting is to inform the members of when and where the meeting will be. The members of when and where the meeting will be. The agenda informs the members of what is to be discussed and done at the meeting so that the members can decide:
Whether or not they want to attend the meeting; and
If proxy or postal voting is allowed and they do not propose to attend in person, how to cast their proxy or postal vote.
Usually, the agenda is attached to or combined with the notice so members are informed of all the necessary details at once. Agendas, confirmation of meeting details and any reports should be sent out in advance to allow people time to read the documents. Where proxy or postal voting is allowed, proxy forms or voting slips should also be sent at this time.
The minimum time a notice may be sent before a meeting is set out in the rules of the association, and must be strictly adhered to. Inadequate notice of meetings may result in a meeting being invalid.
Notice periods vary in accordance with the type of meeting to be held. For example, a committee meeting may require only five days’ notice, whereas the notice period for the AGM could be as long as three weeks.
Note: all members who are entitled to attend a meeting must be given proper notice in accordance with the rules. And, all members are entitled to be invited to attend a special general meeting.
A typical agenda briefly sets out what matters will be covered and in what order.
If members are notified of the business to be conducted at the meeting, then the meeting must be confined to dealing with those particular matters. The chairperson should ensure any new agenda items raised during the meeting are put on the agenda for the next meeting and not discussed at the current meeting. This allows members time to consider matters properly and avoids disadvantaging members who have already voted by proxy or postal vote (where these methods of voting are allowed).
An example of a simple agenda:
HARMONY COMMUNITY DEVELOPMENT ASSOCIATION INC
Notice of meeting
A committee meeting will be held at the Council Meeting Room on 12 February 2013 from
6.00pm to 8.00pm.
Agenda
Welcome
Apologies
Declarations of interest (Refer to The Management Committee (/books/inc-guideincorporated- associations-western-australia/management-committee) for a discussion of this item under ‘Conflicts of Interest’)
Minutes of previous meeting
Matters arising
Correspondence
Reports
Fundraising projects
General Business
Next meeting
Close
Chairperson
A proper meeting must have a chairperson to chair the proceedings. The chairperson is required to control the meeting procedures and has the task of;
making sure proper notice is given and there is an agenda listing all items needing to be
covered;
checking (and usually signing) minutes of previous meetings;
keeping time (important – to ensure the meeting gets through its business in the allocated
time);
dealing with the order of business;
facilitating discussion<
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