Last modified 2003-12-23
1 The name of the Association shall be Bicycle Tasmania, Incorporated.
2 The Headquarters of the Association shall be as determined by the State Council.
3 In these rules, and in any Regulations and/or By-Laws made
thereunder, unless otherwise stated:
3.1 "Association" means Bicycle Tasmania, Incorporated.
3.2 "Bicycle User Groups"/ "B.U.G. 's" are the local branches of
Bicycle Tasmania, Incorporated, as established under clause 10 of
these rules.
3.3 "Executive Committee" means the Executive Committee of the
Association as provided by Clause 6 of these rules.
3.4 "Financial Year" means that period commencing on the first day
of July and concluding on the thirtieth day of June in the year
immediately following.
3.5 "Member" means any person currently listed on the
Association's books as a fully payed up subscriber or any person
whose subscription has lapsed for a period of no more than six (6)
months.
3.6 "Affiliated Body" means any organization outside of the
Association which holds a current subscription to the Association.
3.7 "Delegate" means any official representative of an Affiliated
Body in attendance at an Association meeting or making
representation to the Association.
3.8 "State Council" means the governing body of the Association.
3.9 "Office Bearers" means those elected by Financial Members or
appointed by the State Council (as in the case of a casual vacancy)
as provided in Clause 6 of these rules.
3.10 Where possible, gender non-specific references will be used to
replace terms such as "him" or "her"; etc., but only where correct
English allows for this. (The purpose for this is to establish a
pattern of language that should cause no offence to groups outside
the, so-called, "White, Anglo-Saxon Male".)
3.11 "Life Member" means someone who has been granted a life time
subscription to the Association by the State Council (e.g., for -
services rendered to the Association, cyclists and/or cycling, in
general.)
3.12 "M.T.B." refers to Mountainous Terrain Bicycles (mountain
bikes).
3.13 "H.P.V." refers to human-powered vehicles.
4
4.1 The basic objects of the Association are:
4.1.1 To promote, encourage, foster, develop and extend all
bicycling/H.P.V. transport as a valid and viable transport
alternative and leisure activity in Tasmania.
4.1.2 To affiliate with national bicycling/H.P.V. transport
bodies as deemed appropriate by the State Council.
4.1.3 To uphold the rules and by-laws of national bodies with
which the Association is affiliated.
4.1.4 To co-ordinate, encourage, assist and support the
legitimate activities of the Bicycle User Groups and Affiliated
Bodies and their co-operation with the Association and each other.
4.1.5 To promote, organise and conduct social events, non-
competitive rides and tours, competitive M.T.B. events (in
accordance with the rules and by-laws of the appropriate national
M.T.B. regulating body) of a diverse nature and other events
pertaining to cycling/H.P.V. transport as may, from time to time,
be expedient.
4.1.6 To establish and maintain rules of conduct for staff,
volunteers and participants in any public event, activity or
function organized by the Association and/or Affiliated Bodies.
4.1.7 To provide advice, directly or by other means, solicited
or unsolicited, to cyclists on all cycling related issues, other
than in relation to the law, where a legal referral may be more
appropriate.
4.1.8 To lobby for action on any issue, related to cycling at
any level of government as deemed appropriate by the Executive
Committee or B.U.G. 's.
4.1.9 To publish or produce any material or product relevant or
useful to cycling, cyclists and M.T.B. competition, in general.
4.1.10 To buy, sell or trade equipment/services relevant to
cycling and all previously mentioned objectives.
4.2 In addition to the basic objects of the Association, the
objects and purposes of the Association shall be deemed to include:
4.2.1 the purchase, taking on lease or exchange, and the hiring
or otherwise acquiring of any real or personal property that may be
deemed necessary or convenient for any of the objects or purposes
of the Association.
4.2.2 the buying, selling, and supplying of and dealing in,
goods of all kinds.
4.2.3 the construction, maintenance, and alteration of
buildings or works necessary or convenient for the objects or
purposes of the Association.
4.2.4 the accepting of any gift, whether subject to a special
trust or not, for anyone or more of the objects or purposes of the
Association.
4.2.5 the taking of such steps from time to time as the
Committee or the members in General Meeting see fit for the purpose
of procuring contributions to the funds of -the Association whether
by way of donations, subscriptions or otherwise.
4.2.6 the printing and publishing of such newspapers,
periodicals, books, leaflets or other documents as the Committee or
the members in General Meeting may think desirable for the
promotion of the objects of the Association.
4.2.7 the borrowing and raising of money in such manner and on
such terms as the Committee may think fit or as may be approved or
directed by resolution passed at a General Meeting.
4.2.8 subject ,to the provisions of the Trustee Act 1898, the
investment of any moneys of the Association not immediately
required for any of its objects or purposes in such manner as the
Committee may determine.
4.2.9 the making of gifts, subscriptions or donations to ant
funds, authorities or institutions to which section 78 (1) (a) of
the Income Tax Assessment Act 1936 of the Commonwealth relates.
4.2.10 the establishment and support, or aiding in the
establishment and support, of associations, institutions, funds,
trusts, schemes and conveniences calculated to benefit servants and
past servants of the Association and their dependents and the
granting of pensions, allowances, or other benefits to servants and
past servants of the Association and their dependants, and the
making of payments towards insurance of payments in relation to any
of those purposes.
4.2.11 the establishment and support, or aiding in the
establishment and support, of any other association formed for any
of the basic objects of the Association.
4.2.12 the purchase or acquisition, and undertaking, of all or
any part of the property, assets, liabilities, and engagements of
any association with which the Association may from time to time
become amalgamated in accordance with the provisions of the Act and
the Rules of the Association, and
4.2.13 the doing of all such other things as are incidental or
conducive to the attainment of the basic objects of the Association
or of any of the objects and purposes in the foregoing provisions
of this sub-rule.
5 Provisions for membership shall be as follows:
5.1 subject to the Act and these Rules, a person shall be granted
membership of the Association, and with all the rights and
privileges that go with membership of the Association, on written
application to the Association, on the official form or not, if
they submit whatever such payment or remittance is the figure set
by the Annual General meeting, with their application;
5.2 any persons who are members of the Association at the time of
its Incorporation shall have their membership automatically
transferred to the new Association;
5.3 a member, on written complaint to the Association from no less
than five (5) other members, and within one (1) month of the event
for which the complaint is being registered, shall be notified of
this complaint and a Special General Meeting shall be called for
the sole purpose of determining whether the plaintiff member is
worthy of membership in the Association - should the member be
found unworthy of membership in the Association they shall be
dismissed forthwith, otherwise no loss of rights or privileges
shall be incurred;
5.4 a member shall be deemed unworthy of membership on the
following grounds only:
- committing, or attempting to commit, an unlawful act in the name
of the Association;
- the harrassment, sexual, raclal, or otherwise of another member;
- undertaking any public act that may be deemed to be against the
spirit of the objects and purposes of the Association, or
- any act that may be deemed to bring the Association into serious
public disrepute.
6 The Association shall be structured as follows:
6.1 An Executive
6.1.1 One President elected from the State-wide membership
6.1.2 One Treasurer/ Vice President elected from the State-wide
membership
6.1.3 One Secretary elected from the State-wide membership
6.1.4 The Executive Committee shall be elected once every year
at the Annual General Meeting and shall hold office for one year.
6.2 A State Council consisting of the Executive Committee plus up
to three elected representatives from the membership. The elected
representatives shall be elected once every year at the Annual
General Meeting and shall hold office for one year.
7 Any organization with a currently financial subscription may
appoint a Delegate to present, and vote on, motions at General
Meetings and to nominate, and vote for, candidates for Positions of
Office in the Association. The Delegate must represent the
interests 'of the affiliated body that has appointed them.
8 The State Council is to be responsible for the resolution of
policy concerned with the aforementioned objectives of the
Association and shall hold meetings as necessary. A meeting may not
be held within one month of the previous meeting. Meetings can be
called by any member of the State Council provided they contact or
attempt to contact by mail all other members of the State Council.
9 Subject to the objects of the Association and without
prejudice to the generality of the foregoing the State Council may:
9.1 Purchase, transfer, sell, assign, mortgage, lease, hire or
exchange land, equipment, plant, furniture, furnishings or any
other properties whatever and in any manner authorised by law, and
for the purpose of borrowing or raising funds to grant debentures
over the properties of the Association to impose levies and collect
subscriptions, fees and other charges upon or from Members and
Affiliated Bodies.
9.2 Acquire or hold any estate or interest in any property
whatsoever.
9.3 Raise money and acquire such assets necessary to carry out the
above and to obtain permits as may be necessary for that purpose.
9.4 Accept or refuse any recommendations made by the Treasurer
regarding investments and dealings with monies of the Association.
9.5 Utilise the services of any person or body or create any Sub-
committees considered necessary for the efficient conduct of the
affairs of the Association.
9.6 Delegate to any other committee or group referred to in these
Rules any matter for decision, action, control, negotiation,
investigation or report.
9.7 Establish Trust Funds.
9.8 Make, vary, repeal or rescind any rules, regulations, and/or
by-laws to these rules but so that any such rules, or changes to
rules, are consistent with these rules.
9.9 Determine fees for membership, affiliation and other charges.
9.10 Do all such lawful acts and things as are incidental or
conducive to the carrying out of the above.
10 The B.U.G.'s shall function as permanent sub-committees of the
Association. They shall beheaded by an elected representative whose
duties shall be to organise regular meetings of the regional
membership, co-ordinate and chair such meetings, manage the B.U.G.
's budgets and to appoint assistants/deputies to undertake such
tasks as determined to be necessary by the B.U.G. or the State
Council. The B.U.G. 's shall have the power to undertake any lawful
activity that is consistent with the goals of these rules, the
Association and the State Council. The B.U.G.'s will be required to
work within an annual budget determined by resolution of the Annual
General Meeting.
11 The Association will collect from Members and Affiliated
Bodies such membership/affiliation fees as are determined by the
State Council. Such fees shall be remitted to the Association.
12 The Association may raise other funds from Members and
Affiliated Bodies as deemed necessary by the State Council.
13 The Association shall operate in its name at any bank or other
financial institution such accounts as may be necessary or agreed
_on by the State Council. All funds of the, Association shall be
payed into Association accounts. Unless otherwise resolved, the
signatories to the Association accounts shall be the Executive
Committee with two (2) of the three (3) signatures being required
on any cheque or withdrawal application.
14 The financial records of the Association shall consist of
receipt books, ledgers, journals, cheque books and other such books
and equipment deemed necessary by the Executive Committee.
15 At the close of each financial year, the Treasurer shall
prepare statements of income and expenditure, and assets and
liabilities of the Association, such statements, duly audited,
shall be presented to the Annual General Meeting.
16 In relation to each Office Bearer nominations will be allowed
at the Annual General Meeting provided the nominee has given their
consent.
17 A person shall not be eligible for the election to the State
Council or to bear office in the Association if they:
17.1 have been convicted of any criminal or indictible offence
punishable by imprisonment for a period of twelve (12) months or
more.
17.2 are a member of an organisation or an employee, shareholder or
owner of any business or organisation involved in activities likely
to cause a conflict of interest or not be "within the spirit of"
the Association, its Constitution and by-laws as determining by the
State Souncil or a General Meeting.
17.3 is an undischarged bankrupt.
18
18.1 Where following an election to office that office becomes
vacant an appointment to fill that office may be made by the
Executive Committee upon acceptance by the approved appointee
provided that no such appointment shall be made within a period of
one (1) month prior the next Annual General Meeting.
18.2 An office shall be deemed to be a casual vacancy if the
occupant fails to attend two consecutive meetings of the State
Council without a verbal or written apology.
18.3 An office of the Executive Committee shall be deemed vacant if
the occupant fails to attend three consecutive meetings of the
Executive Committee without a written or verbal apology.
19 An office, referred to in Paragraph 6 of these rules, shall be
declared vacant upon the office holder having submitted their
written resignation to the Executive Committee.
20 A holder of an office, referred to in Paragraph 6 of these
may, upon the passing of a special resolution, -be removed from for
misconduct. Misconduct shall be defined as:
20.1 committing, or attempting to commit, an unlawful act in the
name of the Association;
20.2 the harrassment, sexual, racial, or otherwise of another
member;
20.3 undertaking any public act that may be deemed to be against
the spirit of the objects and purposes of the Association;
20.4 any such act that may be deemed to bring the Association into
serious public disrepute; or
20.5 any such act that may be construed as an abuse of the
privileges of office.
21 The Executive Committee shall manage the on-going affairs of
the Association and shall at all times act in accordance with these
rules and the regulations and by-laws made hereunder and shall,
furthermore, have due regard for the well-being of the Association
and its efficient management and shall hold such meetings as it so
desires. The Executive Committee shall forward minutes to all State
Council members and report to each State Council Meeting or
Annual/Special General Meeting in relation to its actions since the
last State Council or Annual/Special General Meeting.
22
22.1 President: At all meetings the President shall occupy the
chair. In his absence the Treasurer/Vice President shall preside.
both the foregoing are absent the meeting shall elect a Member or
Delegate to the chair (the chair of any meeting shall have a
casting vote only); other duties as required.
22.2 Treasurer/Vice President: shall occupy the chair when the
President is not in attendance; be accountable for the financial
books and records of the Association; be responsible for the
accounting of fees, levies, other charges and other monies owed to
the Association; present the relevant financial statements and
schedule of fees to State Council, Annual/Special General Meetings
or Executive Meetings; present the relevant financial statements
and schedule of fees to the auditor as required; other duties as
required.
22.3 Secretary: Shall receive and send all correspondence for the
Association and keep appropriate records; take minutes at all
meetings and circulate these minutes as required; submit details of
financial transactions to the Treasurer as required; notify all
Members and Affiliated Bodies of meetings as required; liaise with
the President on day to day business; other duties as required.
23 The Executive Committee or State Council may utilise the
services of any person or appoint any committee considered
necessary for the efficient conduct of the affairs of the
Association.
24 All Association Members and Delegates shall each have one vote
at Annual/Special General Meetings. All Association Members and
Delegates shall each have one vote at Bicycle User Group Meetings
in their region. Life Members may propose and/or speak to motions
but may not vote on a motion.
25
25.1 Voting on motions will be on a simple majority and will be.
decided by show of hands. A Member, Delegate or Office Bearer may
call for a secret ballot to decide a motion.
25.2 A postal vote may be called in accordance with by-laws.
26
26.1 A quorum for Annual/Special General Meetings shall be five
percent (5%) of membership or six (6) members/Delegates, including
Office Bearers, whichever is the greater.
26.2 A quorum for State Council Meetings shall be a majority of
State Council members.
27
27.1 The Annual General Meeting shall be held between 1 July and 31
October of each year at such a time and place as the committee may
decide. The Secretary shall give thirty (30) days notice in writing
to all Members/ Delegates of Affiliated Bodies of the time and
place of said meeting.
27.2 In the event of no notice being given for the Annual General
Meeting by the 1 October in any year, any six (6) members may call
and convene the' Annual General Meeting.
27.3 The Executive Committee shall have the power to call a Special
General Meeting as they see fit.
27.4 Any three (3) voting members may, on written request to the
Secretary, call for a Special General Meeting to be convened to
discuss any business. The written request must state the motion or
special resolution to be debated at the proposed meeting. The
Secretary is then duty-bound to call such a meeting with thirty
(30) days notice in writing to all members informing them of the
motion or special resolution for which purpose the meeting has been
called. If the Secretary fails to call the requested meeting then
the five (5) members who requested it may call and convene the
meeting with thirty (30) days notice in writing to all members
themselves.
28 The order of business to be conducted by the Annual General
Meeting shall be:
28.1 Registration of Members/Delegates.
28.2 Apologies.
28.3 Minutes of previous Annual/Special General Meeting.
28.4 Annual reports.
28.5 Financial report and Audit.
28.6 Appointment of Auditor.
28.7 Election of Office Bearers.
28.8 Motions of amendments to rules, by-laws or constitution.
28.9 Notice of motion.
28.10 General Business.
29 The order of business to be conducted by a Special General
Meeting shall be:
29.1 Registration of Members/ Delegates.
29.2 Apologies.
29.3 Proposal and seconding of motion(s) for which the meeting was
called.
29.4 Debate of the motion(s).
29.5 Voting on motion (s) .
29.6 Close of meeting.
30 The order of business to be conducted by a State Council
Meeting shall be:
30.1 Present and apologies.
30.2 Acknowledgement of minutes of previous meeting.
30.3 Secretary's report on current correspondence.
30.4 Treasurer's report on current financial transactions.
30.5 Business arising from previous minutes.
30.6 Business arising from Secretary's and Treasurer's reports.
30.7 General Business.
31 Regulations may be made prescribing matters that are necessary
or convenient for the carrying out or giving effect to these rules.
By-laws may prescribe the means by which effect is given to these
rules.
32 In accordance with the Associations Incorporation Act 1964,
the Association may not be wound up voluntarily, the winding up may
only be done compulsively under the supervision of a Court of Law.
However, should the Association become defunct, a written
application may be made to the Office of Corporate Affairs stating
the relevant facts including the Association's financial position.
33 The Public Officer, who shall be a resident of Tasmania, will
be appointed by the Executive Committee each year at the Annual
General Meeting. Should the position of Public Officer fall vacant,
the Executive Committee shall appoint a person to fill that
position within fourteen (14) days. The Public Officer must be a
Member of the Association but must not be a member of the Executive
Committee.
34 The Executive Committee shall provide for the safe custody of
the common seal of the Association which shall be used only with
the authority of the Executive Committee or a subcommittee of
members authorised by the Executive Committee on that behalf and
every instrument to which the seal is affixed shall be signed by a
member pf the Executive Committee and shall be countersigned by the
President or Secretary or by some other person appointed by the
Executive Committee for that purpose.
35 An audit of the accounts of the Association shall be made each
year by a qualified auditor appointed annually. The Auditor shall
not be a member of the Association. The Auditor's report shall be
read at the Annual General Meeting.
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