[Linux-aus] Updated constitution - differences to new model

David Newall david at davidnewall.com
Tue May 10 23:36:33 EST 2011


I thought it would be instructive to see what differences there are 
between what I propose for our updated constitution and the new model 
constitution.

60,62c5
< ordinary committee member   means a member of the committee who is not 
an office bearer of the association  as referred to in clause 14(2)
< life member   means a member who does not pay annual fees  but rather 
a 'lifetime' fee determined at the discretion of the committee
< honorary life member   means a member who has been awarded a 
'lifetime' membership for free for their contributions to the Community  
This is awarded completely at the discretion of the committee
---
 >         ordinary committee member means a member of the committee who 
is not an office bearer of the association
69,73d11
< the Association   refers to the non profit organisation registered as 
Linux Australia
< written   means either in writing or in email
< addresses   means both email and postal address where available
< vote   can be either by a show of hands  an email proxy vote sent to 
the secretary  online voting  or any method the committee chooses to define
< present   can be physically present  or present online
79,91c17,30
< Membership qualifications
< A person is qualified to be a normal member of the association if  but 
only if
< 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
< the person is a natural person
< who has been approved for membership of the association by the 
committee of the association
< An organisation or group is qualified to be an affiliate member of the 
association if  but only if
< the organisation or group has an interest in the goals and objectives 
of the association and
< has applied for membership of the association as provided by clause 3  and
< has been approved for membership of the association by the committee 
of the association
< has nominated at least one contact person who will act on the 
Affiliates behalf in matters concerning the association
< Application for membership
< An application by a person for normal membership of the association
< must be made by the applicant in writing  and
---
 > Membership generally
 >  A person is eligible to be a member of the association if
 >  the person is a natural person  and
 >  the person has been nominated and approved for membership of the 
association in accordance with clause 3
 >  A person is taken to be a member of the association if
 >  the person is a natural person  and
 >  the person was
 >  in the case of an unincorporated body that is registered as the 
association a member of that unincorporated body immediately before the 
registration of the association  or
 >  in the case of an association that is amalgamated to form the 
relevant association a member of that other association immediately 
before the amalgamation  or
 >  in the case of a registrable corporation that is registered as an 
association a member of the registrable corporation immediately before 
that entity was registered as an association
 >  A person is taken to be a member of the association if the person 
was one of the individuals on whose behalf an application for 
registration of the association under section 6 (1) (a) of the Act was made
 > Nomination for membership
 >  A nomination of a person for membership of the association
 >  must be made by a member of the association in writing in the form 
set out in Appendix 1 to this constitution  and
93,97c32,36
< As soon as practicable after receiving an application for membership  
the Secretary is to approve the application or refer the application to 
the committee which is to determine whether to approve or to reject the 
application
< If an application is approved  the secretary must  as soon as 
practicable after that determination  notify the applicant of that 
approval and request the applicant to pay (within the period of 28 days 
after receipt by the applicant of the notification) the sum payable 
under this constitution by a member as entrance fee and annual subscription
< The Secretary must ensure all required member details are kept in a 
central location  and are up to date on a best effort basis
< The Committee may at their discretion accept any person for Life 
Membership  Fees are applicable as provided by clause 8
< The Committee may at their discretion grant to any Linux Community 
member an Honorary Life Membership at no cost to the member in 
recognition of their contributions to the Community
---
 >  As soon as practicable after receiving a nomination for membership  
the secretary must refer the nomination to the committee which is to 
determine whether to approve or to reject the nomination
 >  As soon as practicable after the committee makes that determination  
the secretary must
 >  notify the nominee  in writing  that the committee approved or 
rejected the nomination (whichever is applicable)  and
 >  if the committee approved the nomination  request the nominee to pay 
(within the period of 28 days after receipt by the nominee of the 
notification) the sum payable under this constitution by a member as 
entrance fee and annual subscription
 >  The secretary must  on payment by the nominee of the amounts 
referred to in subclause (3) (b) within the period referred to in that 
provision  enter or cause to be entered the nominee’s name in the 
register of members and  on the name being so entered  the nominee 
becomes a member of the association
99c38
< A person ceases to be a normal member of the association if the person
---
 >     A person ceases to be a member of the association if the person
103,108c42
< at the time of the Annual General Meeting does not pay their annual 
fee as provided by clause 8  With the exception of Life Members
< An organisation or group ceases to be an affiliate member of the 
association if that organisation or group
< winds up  or
< resigns membership  or
< is expelled from the association  or
< at the time of the Annual General Meeting does not pay their annual 
fee as provided by clause 8  With the exception of Life Members
---
 >  fails to pay the annual membership fee under clause 8 (2) within 3 
months after the fee is due
110,112c44,46
< A right  privilege or obligation which a person  organisation or group 
has by reason of being a member of the association
< is not capable of being transferred or transmitted to another person  
organisation or group  and
< terminates on cessation of the person  organisation or group's membership
---
 >     A right  privilege or obligation which a person has by reason of 
being a member of the association
 >  is not capable of being transferred or transmitted to another 
person  and
 >  terminates on cessation of the person’s membership
114,117c48,49
< A member of the association is not entitled to resign that membership 
except in accordance with this clause
< A member of the association who has paid all amounts payable by the 
member to the association in respect of the member's membership may 
resign from membership of the association by giving the secretary 
written notice  The resignation is effective at the time of confirmation 
of resignation notice
< If a member of the association ceases to be a member under clause (2)  
and in every other case where a member ceases to hold membership  the 
secretary must make an appropriate entry in the register of members 
recording the date on which the member ceased to be a member
< Confirmation of Resignation notice to be sent within 7 days of receiving
---
 >  A member of the association may resign from membership of the 
association by first giving to the secretary written notice of at least 
one month (or such other period as the committee may determine) of the 
member’s intention to resign and  on the expiration of the period of 
notice  the member ceases to be a member
 >  If a member of the association ceases to be a member under subclause 
(1)  and in every other case where a member ceases to hold membership  
the secretary must make an appropriate entry in the register of members 
recording the date on which the member ceased to be a member
119,129c51,52
< The public officer of the association must establish and maintain a 
register of members of the association specifying the name  and 
address(es) of each person  organisation or group who is a member of the 
association together with the date on which the person  organisation or 
group became a member
< 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
---
 >  The public officer of the association must establish and maintain a 
register of members of the association specifying the name and postal or 
residential address of each person who is a member of the association 
together with the date on which the person became a member
 >  The register of members must be kept in New South Wales
132,133c55,60
< 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
---
 >  The register of members must be open for inspection  free of charge  
by any member of the association at any reasonable hour
 >  A member of the association may obtain a copy of any part of the 
register on payment of a fee of not more than $1 for each page copied
 >  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
 >  A member must not use information about a person obtained from the 
register to contact or send material to the person  other than for
 >  the purposes of sending the person a newsletter  a notice in respect 
of a meeting or other event relating to the association or other 
material relating to the association  or
 >  any other purpose necessary to comply with a requirement of the Act 
or the Regulation
135,139c62,66
< A member of the association must pay to the association an annual 
membership fee of $20 or  if some other amount is determined by the 
committee  that other amount
< Except as provided by paragraph (b)  or (c)  before the Annual General 
Meeting each calendar year  or
< If the member becomes a member on or after six months since the 
conclusion of the last Annual General Meeting in any calendar year   An 
annual membership of half the amount specified by the committee as per 
clause 8 (1)  and this shall entitle them to membership until the 
following Annual General Meeting
< In the case of Life Membership  annual fees are not applicable
< Members' liabilities
---
 >  A member of the association must  on admission to membership  pay to 
the association a fee of $1 or  if some other amount is determined by 
the committee  that other amount
 >  In addition to any amount payable by the member under subclause (1)  
a member of the association must pay to the association an annual 
membership fee of $2 or  if some other amount is determined by the 
committee  that other amount
 >  except as provided by paragraph (b)  before 1 July in each calendar 
year  or
 >  if the member becomes a member on or after 1 July in any calendar 
year on becoming a member and before 1 July in each succeeding calendar 
year
 > Members’ liabilities
141,142c68,69
< Resolution of internal disputes
< Disputes between members (in their capacity as members) of the 
association  and disputes between members and the association  are to be 
referred to a community justice centre for mediation in accordance with 
the Community Justice Centres Act 1983
---
 > Resolution of disputes
 >  A dispute between a member and another member (in their capacity as 
members) of the association  or a dispute between a member or members 
and the association  are to be referred to a community justice centre 
for mediation under the Community Justice Centres Act 1983
146,149c73,77
< A complaint may be made by any member of the association that some 
other member of the association
< has persistently refused or neglected to comply with a provision or 
provisions of this constitution  or
< has persistently and wilfully acted in a manner prejudicial to the 
interests of the association
< On receiving such a complaint  the committee
---
 >  A complaint may be made to the committee by any person that a member 
of the association
 >  has refused or neglected to comply with a provision or provisions of 
this constitution  or
 >  has wilfully acted in a manner prejudicial to the interests of the 
association
 >  The committee may refuse to deal with a complaint if it considers 
the complaint to be trivial or vexatious in nature
 >  If the committee decides to deal with the complaint  the committee
153,154c81,82
< The committee may  by resolution  expel the member from the 
association or suspend the member from membership of the association if  
after considering the complaint and any submissions made in connection 
with the complaint  it is satisfied that the facts alleged in the 
complaint have been proved
< If the committee expels or suspends a member  the secretary must  
within 7 days after the action is taken  cause written notice to be 
given to the member of the action taken  of the reasons given by the 
committee for having taken that action and of the member's right of 
appeal under clause 12
---
 >  The committee may  by resolution  expel the member from the 
association or suspend the member from membership of the association if  
after considering the complaint and any submissions made in connection 
with the complaint  it is satisfied that the facts alleged in the 
complaint have been proved and the expulsion or suspension is warranted 
in the circumstances
 >  If the committee expels or suspends a member  the secretary must  
within 7 days after the action is taken  cause written notice to be 
given to the member of the action taken  of the reasons given by the 
committee for having taken that action and of the member’s right of 
appeal under clause 12
157c85,86
< if within that period the member exercises the right of appeal  unless 
and until the association confirms the resolution under clause 12 (4)  
whichever is the later
---
 >  if within that period the member exercises the right of appeal  
unless and until the association confirms the resolution under clause 12
 >               whichever is the later
161,162c90,91
< On receipt of a notice from a member under clause (1)  the secretary 
must notify the committee which is to convene a general meeting of the 
association to be held within 28 days after the date on which the 
secretary received the notice
< At a general meeting of the association convened under clause (3)
---
 >  On receipt of a notice from a member under subclause (1)  the 
secretary must notify the committee which is to convene a general 
meeting of the association to be held within 28 days after the date on 
which the secretary received the notice
 >  At a general meeting of the association convened under subclause (3)
166c95
< If at the general meeting the association passes a special resolution 
in favour of the confirmation of the resolution  the resolution is 
confirmed
---
 >  The appeal is to be determined by a simple majority of votes cast by 
members of the association
169c98
< The committee is to be called the committee of management of the 
association and  subject to the Act  the Regulation and this 
constitution and to any resolution passed by the association in general 
meeting
---
 >     Subject to the Act  the Regulation and this constitution and to 
any resolution passed by the association in general meeting  the committee
173c102
< Constitution and membership
---
 > Composition and membership of committee
176,177c105,108
< ordinary committee members  each of whom is to be elected at the 
annual general meeting of the association under clause 15
< The office bearers of the association are to be
---
 >  at least 3 ordinary committee members
 >               each of whom is to be elected at the annual general 
meeting of the association under clause 15
 >  The total number of committee members is to be 7
 >  The office bearers of the association are as follows
180c111
< the treasurer  and
---
 >  the treasurer
182,186c113,115
< Each member of the committee is  subject to this constitution  to hold 
office until the conclusion of the annual general meeting following the 
date of the member's election  but is eligible for re election
< 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
< 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
< Election of members
< Neither Affiliate members nor non members are eligible for election as 
office bearers of the association or as ordinary committee members
---
 >  A committee member may hold up to 2 offices (other than both the 
president and vice president offices)
 >  Each member of the committee is  subject to this constitution  to 
hold office until the conclusion of the annual general meeting following 
the date of the member’s election  but is eligible for re election
 > Election of committee members
188c117
< must have the written support of 2 members of the association and the 
written consent of the candidate  and
---
 >  must be made in writing  signed by 2 members of the association and 
accompanied by the written consent of the candidate (which may be 
endorsed on the form of the nomination)  and
190,191c119,121
< If insufficient nominations are received  any vacant positions 
remaining on the committee are taken to be casual vacancies
< If only one person is nominated to any one position  that person is 
taken to be elected to that position
---
 >  If insufficient nominations are received to fill all vacancies on 
the committee  the candidates nominated are taken to be elected and 
further nominations are to be received at the annual general meeting
 >  If insufficient further nominations are received  any vacant 
positions remaining on the committee are taken to be casual vacancies
 >  If the number of nominations received is equal to the number of 
vacancies to be filled  the persons nominated are taken to be elected
193c123,124
< The ballot for the election of office bearers and ordinary committee 
members is to be conducted at the annual general meeting in such usual 
and proper manner as the committee may direct
---
 >  The ballot for the election of office bearers and ordinary committee 
members of the committee is to be conducted at the annual general 
meeting in such usual and proper manner as the committee may direct
 >  A person nominated as a candidate for election as an office bearer 
or as an ordinary committee member of the association must be a member 
of the association
195c126
< The secretary of the association must  as soon as practicable after 
being appointed as secretary  lodge notice with the association of his 
or her addresses
---
 >  The secretary of the association must  as soon as practicable after 
being appointed as secretary  lodge notice with the association of his 
or her address
197c128
< all appointments of office bearers and members of the committee
---
 >  all appointments of office bearers and members of the committee  and
207c138
< For the purposes of this constitution  a casual vacancy in the office 
of a member of the committee occurs if the member
---
 >  A casual vacancy in the office of a member of the committee occurs 
if the member
214c145
< is absent without the consent of the committee from 4 consecutive 
meetings  or
---
 >  is absent without the consent of the committee from 3 consecutive 
meetings of the committee  or
217,221c148,152
< Removal of committee member
< The association in general meeting may by resolution remove any member 
of the committee from the office of member before the expiration of the 
member's term of office and may by resolution appoint another person to 
hold office until the expiration of the term of office of the member so 
removed
< If a member of the committee to whom a proposed resolution referred to 
in clause (1) relates makes representations in writing to the secretary 
or president (not exceeding a reasonable length) and requests that the 
representations be notified to the members of the association  the 
secretary or the president may send a copy of the representations to 
each member of the association or  if the representations are not so 
sent  the member is entitled to require that the representations be read 
out at the meeting at which the resolution is considered
< Meetings and quorum
< The committee must meet at least once every quarter year at such 
place  time and medium as the committee may determine
---
 > Removal of committee members
 >  The association in general meeting may by resolution remove any 
member of the committee from the office of member before the expiration 
of the member’s term of office and may by resolution appoint another 
person to hold office until the expiration of the term of office of the 
member so removed
 >  If a member of the committee to whom a proposed resolution referred 
to in subclause (1) relates makes representations in writing to the 
secretary or president (not exceeding a reasonable length) and requests 
that the representations be notified to the members of the association  
the secretary or the president may send a copy of the representations to 
each member of the association or  if the representations are not so 
sent  the member is entitled to require that the representations be read 
out at the meeting at which the resolution is considered
 > Committee meetings and quorum
 >  The committee must meet at least 3 times in each period of 12 months 
at such place and time as the committee may determine
224,226c155,158
< Notice of a meeting given under clause (3) must specify the general 
nature of the business to be transacted at the meeting and other 
business will only be transacted at the unanimous agreement of committee 
members present at the meeting
< A committee majority constitute a quorum for the transaction of the 
business of a meeting of the committee
< No business is to be transacted by the committee unless a quorum is 
present and if  within half an hour of the time appointed for the 
meeting  a quorum is not present  the meeting is to stand adjourned till 
the next meeting
---
 >  Notice of a meeting given under subclause (3) must specify the 
general nature of the business to be transacted at the meeting and no 
business other than that business is to be transacted at the meeting  
except business which the committee members present at the meeting 
unanimously agree to treat as urgent business
 >  Any 3 members of the committee constitute a quorum for the 
transaction of the business of a meeting of the committee
 >  No business is to be transacted by the committee unless a quorum is 
present and if  within half an hour of the time appointed for the 
meeting  a quorum is not present  the meeting is to stand adjourned to 
the same place and at the same hour of the same day in the following week
 >  If at the adjourned meeting a quorum is not present within half an 
hour of the time appointed for the meeting  the meeting is to be dissolved
228c160
< the president or  in the president's absence  the vice president is to 
preside  or
---
 >  the president or  in the president’s absence  the vice president is 
to preside  or
231c163
< The committee may in writing  delegate to one or more sub committees 
(consisting of such member or members of the association as the 
committee thinks fit) the exercise of such of the functions of the 
committee as are specified in the instrument  other than
---
 >  The committee may  by instrument in writing  delegate to one or more 
sub committees (consisting of such member or members of the association 
as the committee thinks fit) the exercise of such of the functions of 
the committee as are specified in the instrument  other than
235c167
< A delegation under this section may be made subject to such conditions 
or limitations as to the exercise of any function  or as to time or 
circumstances  as may be specified in the instrument of delegation
---
 >  A delegation under this clause may be made subject to such 
conditions or limitations as to the exercise of any function  or as to 
time or circumstances  as may be specified in the instrument of delegation
238c170
< The committee may in writing  revoke wholly or in part any delegation 
under this clause
---
 >  The committee may  by instrument in writing  revoke wholly or in 
part any delegation under this clause
247,251c179,182
< With the exception of the first annual general meeting of the 
association  the association must  at least once in each calendar year 
and within the period of 6 months after the expiration of each financial 
year of the association  convene an annual general meeting of its members
< The association must hold its first annual general meeting
< within the period of 18 months after its incorporation under the Act  and
< within the period of 6 months after the expiration of the first 
financial year of the association
< 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
---
 >  The association must hold its first annual general meeting within 18 
months after its registration under the Act
 >  The association must hold its annual general meetings
 >  within 6 months after the close of the association’s financial year  or
 >  within such later time as may be allowed by the Director General or 
prescribed by the Regulation
253c184
< The annual general meeting of the association is  subject to the Act 
and to clause 23  to be convened on such date and at such place  time 
and medium as the committee thinks fit
---
 >  The annual general meeting of the association is  subject to the Act 
and to clause 23  to be convened on such date and at such place and time 
as the committee thinks fit
258c189
< to receive and consider any financial statement or report which is 
required to be submitted to members under the Act
---
 >  to receive and consider any financial statement or report required 
to be submitted to members under the Act
262c193
< The committee must  on the requisition in writing of at least 20 
persons or 20 per cent of the total number of members (whichever is the 
lower number)  convene a special general meeting of the association
---
 >  The committee must  on the requisition in writing of at least 5 per 
cent of the total number of members  convene a special general meeting 
of the association
269c200
< A special general meeting convened by a member or members as referred 
to in clause (4) must be convened as nearly as is practicable in the 
same manner as general meetings are convened by the committee and any 
member who consequently incurs expense is entitled to be reimbursed by 
the association for any expense so incurred
---
 >  A special general meeting convened by a member or members as 
referred to in subclause (4) must be convened as nearly as is 
practicable in the same manner as general meetings are convened by the 
committee
271,272c202,203
< Except if the nature of the business proposed to be dealt with at a 
general meeting requires a special resolution of the association  the 
secretary must  at least 14 days before the date fixed for the holding 
of the general meeting  cause to be sent by written notice to each 
member at the member's preferred address appearing in the register of 
members  a notice specifying the place  date and time of the meeting and 
the nature of the business proposed to be transacted at the meeting
< If the nature of the business proposed to be dealt with at a general 
meeting requires a special resolution of the association  the secretary 
must  at least 21 days before the date fixed for the holding of the 
general meeting  cause notice to be sent to each member in the manner 
provided in clause (1) specifying  in addition to the matter required 
under clause (1)  the intention to propose the resolution as a special 
resolution
---
 >  Except if the nature of the business proposed to be dealt with at a 
general meeting requires a special resolution of the association  the 
secretary must  at least 14 days before the date fixed for the holding 
of the general meeting  give a notice to each member specifying the 
place  date and time of the meeting and the nature of the business 
proposed to be transacted at the meeting
 >  If the nature of the business proposed to be dealt with at a general 
meeting requires a special resolution of the association  the secretary 
must  at least 21 days before the date fixed for the holding of the 
general meeting  cause notice to be given to each member specifying  in 
addition to the matter required under subclause (1)  the intention to 
propose the resolution as a special resolution
275c206
< Procedure
---
 > Quorum for general meetings
278c209,211
< If within half an hour after the appointed time for the commencement 
of a general meeting a quorum is not present  the meeting is to be 
reconvened at a later date set by the attending members of no longer 
than one month later  with notice sent to preferred address of all members
---
 >  If within half an hour after the appointed time for the commencement 
of a general meeting a quorum is not present  the meeting
 >  if convened on the requisition of members  is to be dissolved  and
 >  in any other case  is to stand adjourned to the same day in the 
following week at the same time and (unless another place is specified 
at the time of the adjournment by the person presiding at the meeting or 
communicated by written notice to members given before the day to which 
the meeting is adjourned) at the same place
281c214
< The president or  in the president's absence  the vice president  is 
to preside as chairperson at each general meeting of the association
---
 >  The president or  in the president’s absence  the vice president  is 
to preside as chairperson at each general meeting of the association
286c219
< Except as provided in clauses (1) and (2)  notice of an adjournment of 
a general meeting or of the business to be transacted at an adjourned 
meeting is not required to be given
---
 >  Except as provided in subclauses (1) and (2)  notice of an 
adjournment of a general meeting or of the business to be transacted at 
an adjourned meeting is not required to be given
288,291c221,226
< A question arising at a general meeting of the association is to be 
determined by a vote and  unless before or on the declaration of the 
vote a poll is demanded  a declaration by the chairperson that a 
resolution has  by a vote  been carried or carried unanimously or 
carried by a particular majority or lost  or an entry to that effect in 
the minute book of the association  is evidence of the fact without 
proof of the number or proportion of the votes recorded in favour of or 
against that resolution
< 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
< If a poll is demanded at a general meeting  the poll must be taken 
immediately and the resolution of the poll on the matter is taken to be 
the resolution of the meeting on that matter
< Special resolution
---
 >  A question arising at a general meeting of the association is to be 
determined by either
 >  a show of hands  or
 >  if on the motion of the chairperson or if 5 or more members present 
at the meeting decide that the question should be determined by a 
written ballot a written ballot
 >  If the question is to be determined by a show of hands  a 
declaration by the chairperson that a resolution has  on a show of 
hands  been carried or carried unanimously or carried by a particular 
majority or lost  or an entry to that effect in the minute book of the 
association  is evidence of the fact without proof of the number or 
proportion of the votes recorded in favour of or against that resolution
 >  If the question is to be determined by a written ballot  the ballot 
is to be conducted in accordance with the directions of the chairperson
 > Special resolutions
294,295c229
< On any question arising at a general meeting of the association an 
individual member has one vote only and an affiliate member has no votes
< All votes must be given personally or by proxy but no member may hold 
more than 5 proxies
---
 >  On any question arising at a general meeting of the association a 
member has one vote only
297c231
< A member or proxy is not entitled to vote at any general meeting of 
the association unless all money due and payable by the member or proxy 
to the association has been paid  other than the amount of the annual 
subscription payable in respect of the then current year
---
 >  A member is not entitled to vote at any general meeting of the 
association unless all money due and payable by the member to the 
association has been paid
299,301c233,235
< Appointment of proxies
< Each member is to be entitled to appoint another member as proxy by 
notice given to the secretary
< The notice appointing the proxy is to be in the form set out in 
Appendix 3 to this constitution   Email shall suffice for the 
appointment of proxy
---
 > Proxy votes not permitted
 >     Proxy voting must not be undertaken at or in respect of a general 
meeting
 >         Note  Schedule 1 of the Act provides that an association’s 
constitution is to address whether members of the association are 
entitled to vote by proxy at general meetings
315,329c249,253
< Non profit
< The assets and income of the Association shall be applied solely in 
the furtherance of its above mentioned objects and no portion shall be 
distributed directly or indirectly to the members of the Association 
except as bona fide compensation for services rendered or expenses 
incurred on behalf of the organisation
< Dissolution
< In the event of the Association being dissolved  the amount that 
remains after such dissolution and the satisfaction of all debts and 
liabilities shall be transferred to another organisation with similar 
purposes as decided by special resolution which is not carried on for 
the profit or gain of its individual members
< Alteration of objects and rules
< The statement of objects and this constitution may be altered  
rescinded or added to only by a special resolution of the association
< 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
< Common Seal
< The common seal of the association must be kept in the custody of the 
public officer
< The common seal must not be affixed to any instrument except by the 
authority of the committee and the affixing of the common seal must be 
attested by the signatures either of 2 members of the committee or of 1 
member of the committee and of the public officer or secretary
< The association will have a common seal upon which its corporate name 
shall appear in legible characters
< Custody of books
< Except as otherwise provided by this constitution  the public officer 
must keep in his or her custody or under his or her control all records  
books and other documents relating to his or her position  All other 
documents relating to the association are to be kept by the association 
committee
< Inspection of books
---
 > Change of name  objects and constitution
 >     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
 > Custody of books etc
 >     Except as otherwise provided by this constitution  the public 
officer must keep in his or her custody or under his or her control all 
records  books and other documents relating to the association
 > Inspection of books etc
336,337d259
< For the purpose of this constitution  a notice may be served by or on 
behalf of the association on any member by sending it by post or email 
to the preferred address of the member as shown in the register of members
< If notice is served to a person at the preferred address and it is 
returned  the committee will attempt to send notice to any other 
addresses in the registry  If the secondary notice is also returned the 
committee will make contact on a best effort basis
347,354c269,295
< 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
---
 >     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  and
 >  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
 >         Note  Schedule 1 of the Act provides that an association’s 
constitution is to address the association’s financial year


Regards,

David




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