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Registration Number
A0019463D. NAME
The name of the incorporated association is
Ballarat Tourist Association Incorporated, Registration Number A0019463D.
REGISTERED ADDRESS
Ballarat Tourist Association
C/- Ballarat Tourism
39 Sturt Street
Ballarat Victoria 3350
INTERPRETATION
Act
means the Associations Incorporation (Amendment) Act 1997;
Association
means Ballarat Tourist Association Incorporated;
Chairperson
means the person appointed to that position under the provisions of
9.9.1;
Secretary
means the person appointed to that position under the provisions of
9.9.1;
Committee
means the group of persons appointed to that position under the
provisions of 9.3;
Year
unless qualified means the period from the end of one Annual General
Meeting to the end of the next.
STATEMENT OF PURPOSE
The purpose of the Association is to:
1. Represent the views of the Association
and its members;
1.1. To the Ballarat Tourism Board
through the Associations direct representation on the Board;
1.2. To other industry groups,
committees or individuals as required or as deemed beneficial by the
Committee as being in the interests of the Association.
2. Enhance communication between the
Association members, other industry groups, committees and individuals.
3. Stage a range of educational seminars
throughout each year.
4. Work toward uniting the many and
varied facets involved in Tourism within Ballarat.
5. To act as a lobby group where
necessary to enhance the interests of the Association.
6. To negotiate a range of benefits for
and on behalf of the Association.
STATEMENT OF RULES
1. MEMBERSHIP
1.1 Membership of the Association shall
be any body or person from whom the Association has accepted the offer
of a financial contribution in respect of the year concerned.
Corporate members shall nominate a natural person to exercise the
functions of a member on their behalf.
1.2 Application for membership or
membership renewal shall be in writing on the prescribed Association
membership form.
1.3 Membership applications shall be
considered at the next meeting of the Committee following receipt of
the application.
1.4 Following approval by the Committee
and payment of the relevant subscription, the Secretary shall enter
the nominee’s name in the register of members kept by him/her and upon
the name being so entered the nominee becomes a member of the
Association.
2. ANNUAL SUBSCRIPTION
2.1 Annual subscription shall be set by
the Committee from time to time and on such terms as the Committee
thinks fit.
3. RESIGNATION
3.1 Members may resign from the
Association by notice in writing, or by non-payment of membership
subscriptions within 2 months of notification that such fees are
overdue.
4. EXPULSION
4.1 The Committee may suspend or expel
any member of the Association:
4.1.1 who commits any breach of any
rule or by-law of the Association;
4.1.2 who, in the opinion of the
Committee, acts in a manner which is contrary to the interests of
the Association;
4.1.3 who commits any
breach of any rule or regulation as outlined in the Associations
Incorporated (Amended) Act 1997.
4.2 The member shall be informed of the
allegation or other proposed basis for their removal and is invited to
present a verbal or written explanation to the Committee meeting at
which the matter is to be considered.
5. APPEAL
5.1 Any member of the Association who
feels aggrieved by any decision of the Committee under 4.1 may by
notice in writing given to the Secretary within one calendar month
from the date thereof, appeal against such decision to a General
meeting;
5.2 Such notice shall state the ground
of appeal and such appeal shall be heard at a General Meeting to be
held no later than one month from the giving of such notice to the
Secretary;
5.3 On the hearing of any such appeal
the member who feels aggrieved shall be afforded a full opportunity to
be heard;
5.4 Until the hearing of any such
appeal, the decision of the Committee shall have full force and
effect.
5.5 The decision of the General Meeting
in regard to that appeal shall be final.
6. GENERAL MEETING
6.1 General Meetings of Association
members may be called:
6.1.1. by resolution of the
Committee;
6.1.2. at the request of the
Chairperson of the Association;
6.1.3. by the written request of not
less than five members of the Association.
6.2 Such a General Meeting shall be
held no less than 14 days or more than 1 month after the request or
resolution is made. In the case of Rule 6.1.3 requests by members, the
members may convene the General Meeting if a meeting has not been held
within the required time.
6.3 The Secretary shall advise of all
General Meetings of the Association at least fourteen days before the
date fixed for holding such meeting.
6.4 The accidental omission to give
notice of a meeting or the non-receipt of notice of a meeting by any
member shall not invalidate any proceedings or resolutions at any
meeting of the Association or any Committee thereof.
6.5 At every meeting of the Association
the Chairperson shall preside except that if the Chairperson is
absent, unable or unwilling to act, the Deputy Chairperson shall
preside. If neither the Chairperson nor the Deputy Chairperson is
present or able to act, members shall choose one of their numbers to
preside at that meeting.
6.6 Members present at a meeting may
agree to adjourn any meeting, but no business shall be transacted at
any adjourned meeting other than business left unfinished at the
meeting from which the adjournment took place.
6.7 Each financial member present is
entitled to one vote. Resolutions other than special resolutions shall
be carried by a majority of the members present and voting. In the
case of equality of votes the Chairperson shall have a second or
casting vote.
6.8 All votes shall be given
personally, and no proxy’s shall be accepted.
6.9 At all General Meetings 10% of the
membership or five members, whichever is greater, present in person
shall constitute a quorum. If within thirty minutes from the time
appointed for the meeting a quorum is not present, the meeting if
convened by request of members shall be dissolved. If not so convened,
it shall stand adjourned to the same day in the next week at the same
time and place and at such adjourned meeting those present shall form
a quorum for all purposes.
6.10 Minutes of the proceedings of
every General Meeting shall be kept in a minute book, which shall be
available at the Office of the Secretary for inspection by members.
7. ANNUAL GENERAL MEETING
7.1 The Association shall adopt as its
financial year the period adopted by the Ballarat City Council for
that year and the Association shall, in each calendar year, convene an
Annual General Meeting of its members.
7.2 The Annual General Meeting shall be
held on such a day, as the Committee determines, not more than 5
months after the close of its financial year.
7.3 The Annual General Meeting shall be
specified as such in the notice convening it, which shall comply with
Clause 6.3 Notice of meeting.
7.4 The ordinary business of the Annual
General Meeting shall be:
7.4.1 to confirm the minutes of the
last preceding Annual General Meeting and of any General Meeting
held since that meeting;
7.4.2 to receive from the Committee
reports upon the transactions of the Association during the last
preceding financial year;
7.4.3 to elect the ordinary members
of the Committee; under Rule 9.3;
7.4.4 to receive and consider the
statement submitted by the Association in accordance with Section
30.3 of the Act and to appoint the auditor for the next year.
7.5 The Annual General Meeting may
transact special business of which notice is given in accordance with
these rules.
7.6 The Annual General Meeting shall be
in addition to any other General Meetings that may be held in the same
year.
7.7 Each financial member present is
entitled to one vote. Resolutions other than special resolutions shall
be carried by a majority of the members present and voting. In the
case of equality of votes the Chairperson shall have a second or
casting vote.
8. ANNUAL REPORT
8.1 An Annual Report shall be produced
which incorporates the Audited financial statement for the fiscal
year. A copy of the Annual Report is to be circulated to all members.
9. COMMITTEE
9.1 A Committee of Management
constituted as provided in Rule 9.3 shall manage the affairs of the
Association.
9.2 The Committee:
9.2.1 shall control and manage the
business and affairs of the Association;
9.2.2 may, subject to these rules,
the regulations and the Act, exercise all such powers and functions
that are required by these rules to be exercised by General Meetings
of members of the Association;
9.2.3 subject to these rules, the
regulations and the Act, has power to perform all such acts and
things as appear to the Committee to be essential for the proper
management of the business and affairs of the Association;
9.2.4 to annually nominate the
designated number of its members to serve on the Ballarat Tourism
Board;
9.2.5 can appoint at their
discretion, members of the Association to sub-committees of the
Association;
9.2.6 can appoint at their
discretion, members of the Association as representatives of the
Association, to external committees that are deemed to be beneficial
to the Associations interests.
9.3 The Committee shall comprise of a
maximum of ten members consisting of persons who have been accepted by
the Association as financial contributors and elected in accordance
with rule 9.5.
9.4 Each committee member present is
entitled to one vote. Resolutions other than special resolutions shall
be carried by a majority of the members present and voting. In the
case of equality of votes the Chairperson shall have a second or
casting vote.
9.5 The nomination papers of all
candidates under Rule 9.3 for election to the committee, must
be signed by the candidates, their proposers and seconders, and must
be lodged before 6.00 pm, three clear working days before the Annual
General Meeting in each year. If in any year there are more candidates
for election to the Committee than vacancies to be filled, a secret
ballot shall be taken at the Annual General meeting. In the event of a
sufficient number of candidates not being nominated as aforesaid for
election to the Committee the vacancies may be filled by the Committee
subsequently.
9.6 Nominees for Committee must now
nominate under a specific industry category.
9.6.1 Nominees can be nominated for
one category only.
9.6.2 major categories will be listed
on the nomination form, although nominations are not limited to the
categories listed. A person may nominate for an alternative category
not listed, under the Other Category section of the
nomination form.
9.6.3 No one industry category (i.e.
Attractions) shall have in excess of three positions on the
Committee, excepting for circumstances as covered by rule 9.7.1.
9.7 The election procedure for
Committee under rule 9.6 is:
9.7.1 when nominations are less than
or equal to the positions vacant, all nominees are automatically
appointed to Committee.
9.7.2 when nominations exceed the
positions vacant, election is by a majority vote;
9.7.3 those receiving the highest
votes will fill vacancies up to but not exceeding three positions,
being from any one industry category;
9.7.4 in the event that the highest
vote winners exceed three representatives from one industry
category, the forth highest vote winner in that category is by
passed and the next highest vote winner in another category where
their appointment does not exceed rule 9.6 is appointed to
Committee.
9.8 The outgoing chairperson does not
relinquish their responsibility until the appointment of a new
chairperson.
9.9 It is the duty of the outgoing
chairperson to initiate and chair the first meeting of the newly
elected committee within one month of the Annual General Meeting.
9.9.1 At the first meeting of the
committee after the Annual General Meetings the Committee shall
elect from its numbers the following Office Bearers:
Chairperson
Deputy Chairperson
Secretary
Treasurer
9.9.2 Committee members can only hold
one office position at any given time.
10. COMMITTEE APPOINTMENTS AND VACANCIES
10.1 Members of the Committee are
appointed for a 2 year term excepting at the Annual General Meeting of
1998, where the five highest polling members will be appointed for a
two year term and the remaining elected will be appointed for a one
year term. All are eligible for reappointment in future elections.
10.2 In all future Annual General
Meetings only half the committee positions will be up for re-election.
All positions to be filled will be for a two-year term.
10.3 In the event of a casual vacancy
occurring, the Committee may appoint a replacement member at their
discretion, for the remainder of the term concerned.
11. REMOVAL AND RESIGNATION OF COMMITTEE
MEMBERS.
11.1 Any resignation from the Committee
must be given to the Secretary in writing.
11.2 A member of the Committee shall be
removed or replaced by the committee in the event that the member:
11.2.1 ceases to be a member of the
Association;
11.2.2 becomes insolvent under
administration within the meaning of the Bankruptcy Act 1966;
11.2.3 resigns his/her position with
the nomination party; or ceases to be the nominee of a corporate
member; or
11.2.4 fails to attend three
consecutive meetings without leave being granted.
12. PROCEEDING OF COMMITTEE
12.1 The Committee shall meet at least
six times in each year at such place and such times as the Committee
may determine.
12.2 A quorum shall be 5 of the
Committee.
12.3 At every meeting of the Committee
the Chairperson shall preside except that if the Chairperson is
absent, unable or unwilling to act, the Deputy Chairperson shall
preside. If neither the Chairperson nor the Deputy Chairperson is
present or able to act, members shall choose one of their numbers to
preside at that meeting.
12.4 Questions arising at any meeting
shall be decided by a majority of votes and in the case of equality of
votes the Chairperson shall have a second or casting vote.
13. SECRETARY
13.1 The Secretary shall:
13.1.1 keep full and correct minutes
of all resolutions and proceedings of every General Meeting and of
all Committee meetings in books provided for that purpose together
with a record of the names of persons present at all meetings;
13.1.2 keep a register of members
setting forth their names and addresses;
13.1.3 attend to all correspondence
14. SEAL
14.1 The Common Seal of the Association
shall be kept in the custody of the Secretary.
14.2 The Common Seal shall not be
affixed to any instrument except by the authority of the Committee.
The affixing of the Common Seal shall be attested by the signatures
either of two members of the Committee or of one member of the
Committee and the Public Officer of the Association.
15. CUSTODY OF RECORDS
15.1 Except as otherwise provided in
these Rules, the Secretary shall keep and control all books, documents
and securities of the Association. All such books, documents and
securities shall be available for inspection by members of the
Association.
16. TREASURER
16.1 The Treasurer shall keep under
review the general financial affairs of the Association and:
16.1.1 shall collect and receive all
moneys due to the Association and make all payments authorised by
the Association; and
16.1.2 shall keep correct accounts
and books showing the financial affairs of the Association with full
details of all receipts and expenditure connected with the
activities of the Association;
17. FINANCIAL ARRANGEMENTS
17.1 Any two of the three nominated
signatories, as authorised by the Committee from time to time shall
sign all cheques, drafts, bill of exchange, promissory notes and other
negotiable instruments.
17.2 The accounts and books of the
Association shall be available for inspection by members.
18. ALTERATION OF RULES AND STATEMENT OF
PURPOSES
18.1 No rule of the Association or
statement of purposes shall be repealed or amended and no new rule
shall be made except by a special resolution for which notice shall be
given in accordance with Rule 6.3. The resolution must be
passed by a ¾ majority of members present and voting.
19. FUNDS
19.1 The funds of the Association shall
be derived from annual subscription, donations and such other sources
as the Committee determine.
20. WINDING UP
20.1 In the event of the winding up or
the cancellation of the incorporation of the Association, the assets
of the Association shall be disposed of in accordance with the
provisions of the Act or shall be transferred to some other
organisation having similar purposes as the Association.
We hereby certify that the Statement of
Purpose and Rules have been approved by a majority of the association’s
members.
Chairperson
_____________________________________________________
Secretary
_____________________________________________________
Dated _________________________
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