[Linux-aus] Updated constitution - diffs to current constitution
David Newall
davidn at davidnewall.com
Tue May 10 23:24:19 EST 2011
Here are changes to our current constitution, updated to, I believe,
meet the requirements of the constitution. It is based upon the
differences between what we have and the new model constitution. Where
differences represent something new, I've taken text from the model;
status quo for most other differences; plus the change to the financial
year; plus a couple of errors that I noticed.
I globally replaced the text "these rules" with "this constitution",
"rule" with "clause", and "ordinary member" with "ordinary committee
member". Aside from that, the following, presented diff-style,
represents all of the changes:
3a59
> Director General means the Director General of the Department of
> Services Technology and Administration
11,12c67,68
< the Act means the Associations Incorporation Act 1984 (NSW)
< the Regulation means the Associations Incorporation Regulation 1994
(NSW)
---
> the Act means the Associations Incorporation Act 2009
> the Regulation means the Associations Incorporation Regulation 2010
25c81
< the person is a person referred to in section 15 (1) (a) (b) or (c)
of the Act and has not ceased to be a member of the association at any
time after incorporation of the association under the Act or
---
> the person is a person referred to in section 6 (1) of the Act and
> has not ceased to be a member of the association at any time after
> incorporation of the association under the Act or
64c120,133
< The register of members must be kept at the principal place of
administration of the association and must be open for inspection free
of charge by any member of the association at any reasonable hour
---
> If a member requests that any information contained on the register
> about the member (other than the member’s name) not be available for
> inspection that information must not be made available for inspection
> The register of members must be kept in New South Wales at the
> principal place of administration of the association and must be open
> for inspection free of charge by any member of the association at
> any reasonable hour
> Register of committee members
> The public officer of the association must establish and maintain a
> register of committee members in accordance with section 29 of the Act
> The register must contain the following particulars in relation to
> each committee member
> the committee member’s name date of birth and residential address
> the date on which the committee member takes office
> the date on which the committee member vacates office
> such other particulars as may be prescribed by the regulations
> The register must be kept in New South Wales
> at the main premises of the association or
> if the association has no premises at the association’s official
> address
> Any change in the committee’s membership must be recorded in the
> register within one month after the change occurs
> The register must at all reasonable hours be kept available for
> inspection free of charge by any person
73a143,144
> If a dispute is not resolved by mediation within 3 months of the
> referral to a community justice centre the dispute is to be referred
> to arbitration
> The Commercial Arbitration Act 1984 applies to any such dispute
> referred to arbitration
103c174
< Subject in the case of the first members of the committee to section
21 of the Act the committee is to consist of
---
> The committee is to consist of
112a184
> Pursuant to section 28 (2) of the Act each member of the committee
> must be aged 18 years or more and at least 3 must ordinarily be
> resident in Australia
114c186
< Affiliate members are not eligible for election as office bearers of
the association or as ordinary committee members
---
> Neither Affiliate members nor non members are eligible for election
> as office bearers of the association or as ordinary committee members
117c189
< must be delivered to the secretary of the association prior to the
election of the position at the Annual General Meeting
---
> must be delivered to the secretary of the association at least 7 days
> before the date fixed for the holding of the annual general meeting at
> which the election is to take place
133a206
> In the event of a casual vacancy occurring in the membership of the
> committee the committee may appoint a member of the association to
> fill the vacancy and the member so appointed is to hold office
> subject to this constitution until the conclusion of the annual
> general meeting next following the date of the appointment
137c210
< becomes an insolvent under administration within the meaning of the
Corporations Law or
---
> becomes an insolvent under administration within the meaning of the
> Corporations Act 2001 of the Commonwealth or
141c214,216
< is absent without the consent of the committee from 4 consecutive
meetings
---
> is absent without the consent of the committee from 4 consecutive
> meetings or
> is convicted of an offence involving fraud or dishonesty for which
> the maximum penalty on conviction is imprisonment for not less than 3
> months or
> is prohibited from being a director of a company under Part 2D 6
> (Disqualification from managing corporations) of the Corporations Act
> 2001 of the Commonwealth
176c251
< Clauses (1) and (2) have effect subject to any extension or
permission granted by the Director General under section 26 (3) of the Act
---
> Clauses (1) and (2) have effect subject to any extension or
> permission granted by the Director General under section 37 (2) (b) of
> the Act
183c258
< to receive and consider the statement which is required to be
submitted to members under section 26 (6) of the Act
---
> to receive and consider any financial statement or report which is
> required to be submitted to members under the Act
203a279
> If at the adjourned meeting a quorum is not present within half an
> hour after the time appointed for the commencement of the meeting the
> members present (being at least 3) are to constitute a quorum
213c289
< At a general meeting of the association a poll may be demanded by
the chairperson and at least 3 members present in person or by proxy at
the meeting
---
> At a general meeting of the association a poll may be demanded by
> the chairperson or at least 3 members present in person or by proxy at
> the meeting
216,218c292
< A resolution of the association is a special resolution
< if it is passed by a majority which comprises at least three quarters
of such members of the association as being entitled under this
constitution so to do vote in person or by proxy at a general meeting
of which at least 21 days' written notice specifying the intention to
propose the resolution as a special resolution was given in accordance
with this constitution or
< where it is made to appear to the Director General that it is not
practicable for the resolution to be passed in the manner specified in
paragraph (a) if the resolution is passed in a manner specified by the
Director General
---
> A special resolution may only be passed by the association in
> accordance with section 39 of the Act
223a298
> A member is not entitled to vote at any general meeting of the
> association if the member is under 18 years of age
226a302,304
> Postal ballots
> The association may hold a postal ballot to determine any issue or
> proposal (other than an appeal under clause 12)
> A postal ballot is to be conducted in accordance with Schedule 3 to
> the Regulation
229,230c307
< The association must effect and maintain insurance under section 44
of the Act
< In addition to the insurance required under clause (1) the
association may effect and maintain other insurance
---
> The association may effect and maintain insurance
232,233c309,310
< The funds of the association are to be derived from entrance fees and
annual subscriptions of members donations and subject to any
resolution passed by the association in committee meeting such other
sources as the committee determines
< All money received by the association must be deposited as soon as
practicable into the organisation account
---
> The funds of the association are to be derived from entrance fees and
> annual subscriptions of members donations and subject to any
> resolution passed by the association in general meeting such other
> sources as the committee determines
> All money received by the association must be deposited as soon as
> practicable and without deduction to the credit of the association’s
> bank or other authorised deposit taking institution account
243a321,322
> An application to the Director General for registration of a change
> in the association’s name objects or constitution in accordance with
> section 10 of the Act is to be made by
> The public officer or a committee member is to make application to
> the Director General for registration of such changes in accordance
> with section 10 of the Act
251c330,334
< The records books and other documents of the association must be
open to inspection free of charge by a member of the association at
any reasonable hour
---
> The following documents must be open to inspection free of charge
> by a member of the association at any reasonable hour
> records books and other financial documents of the association
> this constitution
> minutes of all committee meetings and general meetings of the
> association
> A member of the association may obtain a copy of any of the documents
> referred to in subclause (1) on payment of a fee of not more than $1
> for each page copied
254a338,354
> For the purpose of this constitution a notice may be served on or
> given to a person
> by delivering it to the person personally or
> by sending it by pre paid post to the address of the person or
> by sending it by facsimile transmission or some other form of
> electronic transmission to an address specified by the person for
> giving or serving the notice
> For the purpose of this constitution a notice is taken unless the
> contrary is proved to have been given or served
> in the case of a notice given or served personally on the date on
> which it is received by the addressee and
> in the case of a notice sent by pre paid post on the date when it
> would have been delivered in the ordinary course of post and
> in the case of a notice sent by facsimile transmission or some other
> form of electronic transmission on the date it was sent or if the
> machine from which the transmission was sent produces a report
> indicating that the notice was sent on a later date on that date
> Financial year
> The financial year of the association is the period of time
> commencing on the date of incorporation of the association and ending
> on the following 30 June
> Prior 2012 each period of 12 months after the expiration of the
> previous financial year of the association commencing on 1 July and
> ending on the following 30 June
> The period commencing on 1 July 2012 and ending on 30 September
> 2013 and
> After 2012 each period of 12 months commencing on 1 October and
> ending on the following 30 September
Regards,
David
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