THE CONSTITUTION OF
MAITLAND STREET RODDERS INCORPORATED
OBJECTIVES.
1. To promote the sport of Street Rodding.
2. To assist in the administration of the sport in any way possible.
3. To promote Street Rod safety, courteous driving and general road safety.
Contents
Part 1 Preliminary. 3
1 Definitions. 3
Part 2 Members of association. 3
2 Membership generally. 3-4
3 Membership applications. 4-5
4 Register of members. 5-6
5 Fees and subscriptions. 6
6 Members’ liabilities. 6
7 Disciplinary action against members. 6-7
8 Right of appeal against disciplinary action. 7
9 Resolution of internal disputes. 7-8
10 Membership entitlements not transferable. 8
11 Member resignation. 8
12 Cessation of membership. 8
Part 3 Committee. 8
13 Functions of committee. 8
14 Composition of committee. 9
15 Election of committee members. 9
16 Terms of office. 9-10
17 Vacancies in office. 10
18 Secretary 10-11
19 Treasurer 11
20 Delegation to subcommittees. 11
21 Committee meetings. 11
22 Notice of committee meeting. 12
23 Quorum 12
24 Presiding committee member 12
25 Voting 13
26 Acts valid despite vacancies or defects. 13
27 Transaction of business outside meetings or by telephone or other means. 13
Part 4 General meetings of association. 13
28 Annual general meetings. 13-14
29 Special general meetings. 14
30 Notice of general meeting. 14-15
31 Quorum 15
32 Adjourned meetings. 15
33 Presiding member 16
34 Voting 16
35 Postal or electronic ballots. 16
36 Transaction of business outside meetings or by telephone or other means. 17
Part 5 Administration. 17
37 Change of name, objects or constitution. 17
38 Funds 17
39 Insurance 18
40 Non-profit status. 18
41 Service of notices. 18
42 Custody of records and books. 18
43 Inspection of records and books. 19
44 Financial year 19
45 Distribution of property on winding up. 19
46 Street Rod Permit Registration Scheme..………………………………19-20
Part 1 Preliminary
1 Definitions
exercise a function includes perform a duty.
function includes a power, authority or duty.
office-bearer means a committee member who is elected to an office referred to in clause 14(1)(a)(i) - (iv).
ordinary committee member means a committee member who is not an office-bearer.
register of members means the register of members maintained under clause 4.
secretary, of the association, means:
subcommittee means a subcommittee established under clause 20.
the Act means the Associations Incorporation Act 2009.
the Regulation means the Associations Incorporation Regulation 2022.
Note: The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this constitution.
Part 2 Members of association
2 Membership generally
(2) The association’s official colours are grey and black and all clothing with the associations name must be approved by the association prior to manufacture.
(3) A member upon leaving the association should not wear any official club clothing.
(4) A member is expected to attend at least 6 association meetings, rod runs or a combination of both per year or apply for special dispensation if unable to meet this requirement.
(5) A member is expected to attend most association functions and help in whatever way possible or give their apologies to the committee prior to the event.
(6) A long-term member who can no longer drive or sells their vehicle to finance life requirements may remain a member of the association but cannot hold a committee position. This will be subject to the approval of the committee.
(7) A member’s wife, husband or partner is considered an important and integral part of the association. They are able to raise issues and speak at meetings including giving reports on functions. They may also be on committees and undertake tasks on behalf of the association provided at least one member of the club is also involved with that committee or task. They will be limited as only members can vote on issues and hold committee positions.
(8) Membership will be limited to 45 active members. Non active members shall be on a register, they will have full voting rights but must pay their membership and ASRF fees. The committee has discretion as to a members status.
3 Membership applications
The liability of a member of the association to contribute to the payment of either of the following is limited to the amount of any outstanding fees for the member under clause 5:
A right, privilege or obligation that a person has because the person is a member of the association:
A person ceases to be a member of the association if the person:
Division 1 Constitution13 Functions of committee
Subject to the Act, the Regulation, this constitution and any resolution passed by the association in general meeting, the committee:
The treasurer of the association must ensure--
Division 2 Procedure21 Committee meetings
22 Notice of committee meeting
24 Presiding committee member
A decision supported by a majority of the votes cast at a meeting of the committee or a subcommittee at which a quorum is present is the decision of the committee or subcommittee.
26 Acts valid despite vacancies or defects
Part 4 General meetings of association
28 Annual general meetings
29 Special general meetings
36 Transaction of business outside meetings or by telephone or other means
Part 5 Administration
37 Change of name, objects or constitution
An application for registration of a change in the association’s name, objects or constitution made under the Act, section 10 must be made by:
39 Insurance
The association may take out and maintain insurance as appropriate for the association’s assets and liabilities.
40 Non-profit status
Subject to the Act and the Regulation, the association must not conduct the association’s affairs in a way that provides a pecuniary gain for a member of the association.
Note: See the Act, section 40.
41 Service of notices
Except as otherwise provided by this constitution, all records, books and other documents relating to the association must be kept in New South Wales:
43 Inspection of records and books
The association’s financial year is:
45 Distribution of property on winding up
46. Street Rod Permit Registration Scheme
(1) Club Members with cars on the Permit Registration Scheme must abide by the rules and directions of the NSW Street Rod Committee Inc. (SRC)
(2) At all times the NSW Street Rod Committee Inc. has jurisdiction over the permit vehicle in the club.
(3) The club shall have an elected Technical Advisory Committee (TAC) representative. The TAC representative duties are to include the following:
(a) Responsible for the technical side of the clubs’ duties.
(b) Give advice in technical areas for both full and conditional registration.
(c) Have access to the Street Rod Construction Guidelines
(d) Have access to the “Do it yourself checklist”.
(e) Carry out “do it yourself checklist “prior to SRC inspection of the vehicles
under construction.
(f) Be the principle contact for the club with the SRC
(g) Keep the SRC informed of any changes within the club in relation to
conditional registration i.e. members leaving or cars being sold.
(h) Responsible for guidance of club members in matters relating to safety and
conformance rules.
(i) Attend the annual SRC Annual General Meeting or appoint a club
representative to attend.
(j) Provide the SRC with a yearly report on the vehicles in the club using
conditional registration. i.e. operators name, contact details, conditional
registration number.
(4) The club is to remain recognized as a charter member of the ASRF at all times. If charter membership were to lapse conditional registration of the clubs’ vehicles is to be considered cancelled and the SRC is to be notified by the TAC representative.
MAITLAND STREET RODDERS INCORPORATED
OBJECTIVES.
1. To promote the sport of Street Rodding.
2. To assist in the administration of the sport in any way possible.
3. To promote Street Rod safety, courteous driving and general road safety.
Contents
Part 1 Preliminary. 3
1 Definitions. 3
Part 2 Members of association. 3
2 Membership generally. 3-4
3 Membership applications. 4-5
4 Register of members. 5-6
5 Fees and subscriptions. 6
6 Members’ liabilities. 6
7 Disciplinary action against members. 6-7
8 Right of appeal against disciplinary action. 7
9 Resolution of internal disputes. 7-8
10 Membership entitlements not transferable. 8
11 Member resignation. 8
12 Cessation of membership. 8
Part 3 Committee. 8
13 Functions of committee. 8
14 Composition of committee. 9
15 Election of committee members. 9
16 Terms of office. 9-10
17 Vacancies in office. 10
18 Secretary 10-11
19 Treasurer 11
20 Delegation to subcommittees. 11
21 Committee meetings. 11
22 Notice of committee meeting. 12
23 Quorum 12
24 Presiding committee member 12
25 Voting 13
26 Acts valid despite vacancies or defects. 13
27 Transaction of business outside meetings or by telephone or other means. 13
Part 4 General meetings of association. 13
28 Annual general meetings. 13-14
29 Special general meetings. 14
30 Notice of general meeting. 14-15
31 Quorum 15
32 Adjourned meetings. 15
33 Presiding member 16
34 Voting 16
35 Postal or electronic ballots. 16
36 Transaction of business outside meetings or by telephone or other means. 17
Part 5 Administration. 17
37 Change of name, objects or constitution. 17
38 Funds 17
39 Insurance 18
40 Non-profit status. 18
41 Service of notices. 18
42 Custody of records and books. 18
43 Inspection of records and books. 19
44 Financial year 19
45 Distribution of property on winding up. 19
46 Street Rod Permit Registration Scheme..………………………………19-20
Part 1 Preliminary
1 Definitions
- In this constitution:
exercise a function includes perform a duty.
function includes a power, authority or duty.
office-bearer means a committee member who is elected to an office referred to in clause 14(1)(a)(i) - (iv).
ordinary committee member means a committee member who is not an office-bearer.
register of members means the register of members maintained under clause 4.
secretary, of the association, means:
- the person holding office under this constitution as secretary, or
- if no person holds that office -the public officer of the association.
subcommittee means a subcommittee established under clause 20.
the Act means the Associations Incorporation Act 2009.
the Regulation means the Associations Incorporation Regulation 2022.
Note: The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this constitution.
- The Interpretation Act 1987 applies to this constitution as if it were an instrument made under the Act.
Part 2 Members of association
2 Membership generally
- An individual is taken to be a member of the association if:
- the person applied to be a member under clause 3(1) and the application has been approved, or
- the person must hold a current N.S.W. drivers’ license and
- the person must have or be building a motor vehicle that conforms with an A.S.R.F. classification or the person is a partner of a member who owns a vehicle that conforms with an ASRF classification. This person must also be a member of the ASRF and
- the person must be a member of the A.S.R.F. and
- the person must be over the age of 18
(2) The association’s official colours are grey and black and all clothing with the associations name must be approved by the association prior to manufacture.
(3) A member upon leaving the association should not wear any official club clothing.
(4) A member is expected to attend at least 6 association meetings, rod runs or a combination of both per year or apply for special dispensation if unable to meet this requirement.
(5) A member is expected to attend most association functions and help in whatever way possible or give their apologies to the committee prior to the event.
(6) A long-term member who can no longer drive or sells their vehicle to finance life requirements may remain a member of the association but cannot hold a committee position. This will be subject to the approval of the committee.
(7) A member’s wife, husband or partner is considered an important and integral part of the association. They are able to raise issues and speak at meetings including giving reports on functions. They may also be on committees and undertake tasks on behalf of the association provided at least one member of the club is also involved with that committee or task. They will be limited as only members can vote on issues and hold committee positions.
(8) Membership will be limited to 45 active members. Non active members shall be on a register, they will have full voting rights but must pay their membership and ASRF fees. The committee has discretion as to a members status.
3 Membership applications
- An application by a person to be a member of the association must be:
- made in writing after the applicant has attended 6 meetings as a visitor. On the death of a member their partner can join the association without the normal waiting period provided they are a full member of the ASRF.
- in the form determined by the committee, and
- lodged with the secretary.
- The committee may determine that an application may be made or lodged by email or other electronic means.
- The secretary must refer an application to the committee as soon as practicable after receiving the application.
- The committee must approve or reject the application.
- As soon as practicable after the committee has decided the application, the secretary must:
- give the applicant written notice of the decision, including by email or other electronic means if determined by the committee, and
- if the application is approved - inform the applicant that the applicant is required to pay the entrance fee and annual subscription fee payable under clause 5 within 28 days of the day the applicant received the notice.
- The secretary must enter the applicant’s name in the register of members as soon as practicable after the applicant pays the entrance fee and annual subscription fee in accordance with subclause (5)(b).
- The applicant becomes a member once the applicant’s name is entered in the register.
- The secretary must establish and maintain a register of members of the association.
- The register:
- may be in written or electronic form, and
- must include, for each member:
- the member’s full name, and
- a residential, postal or email address, and
- the date on which the person became a member, and
- if the person ceases to be a member - the date on which the person ceased to be a member, and
- must be kept in New South Wales:
- at the association’s main premises, or
- if the association has no premises - at the association’s official address, and
- must be available for inspection, free of charge, by members at a reasonable time, and
- if kept in electronic form -must be able to be converted to hard copy.
- If the register is kept in electronic form, the requirements in subclause (2)(c) and (d) apply as if a reference to the register is a reference to a current hard copy of the register.
- A member may obtain a hard copy of the register, or a part of the register, on payment of a fee of not more than $1, as determined by the committee, for each page copied.
- Information about a member, other than the member’s name, must not be made available for inspection if the member requests that the information not be made available.
- A member must not use information about a member obtained from the register to contact or send material to the member, unless:
- the information is used to send the member:
- a newsletter, or
- a notice for a meeting or other event relating to the association, or
- other material relating to the association, or
- the information is used to send the member:
- it is necessary to comply with a requirement of the Act or the Regulation.
- The entrance fee to be paid to the association by a person whose application to be a member of the association has been approved is:
- $130, or
- another amount determined by the committee.
- A member must pay to the association an annual subscription fee of $50, or another amount determined by the committee:
- if the member becomes a member on or after the first day of the financial year of the association in a calendar year:
- in accordance with clause 3(5)(b), and
- before the first day of the financial year of the association in each subsequent calendar year, or
- otherwise - before the first day of the financial year of the association in each calendar year.
- Life members, over 40 years membership, do not pay association membership fee however must still pay ASRF membership fee.
- if the member becomes a member on or after the first day of the financial year of the association in a calendar year:
The liability of a member of the association to contribute to the payment of either of the following is limited to the amount of any outstanding fees for the member under clause 5:
- the debts and liabilities of the association,
- the costs, charges and expenses of the winding up of the association.
- A person may make a complaint to the committee that a member of the association has:
- failed to comply with a provision of this constitution, or
- wilfully acted in a way prejudicial to the interests of the association.
- The committee may refuse to deal with a complaint if the committee considers the complaint is trivial or vexatious.
- If the committee decides to deal with the complaint, the committee must:
- serve notice of the complaint on the member, and
- give the member at least 14 days from the day the notice is served on the member within which to make submissions to the committee about the complaint, and
- consider any submissions made by the member.
- The committee may, by resolution, expel the member from the association or suspend the member’s membership if, after considering the complaint, the committee is satisfied that:
- the facts alleged in the complaint have been proved, and
- the expulsion or suspension is warranted.
- If the committee expels or suspends the member, the secretary must, within 7 days of that action being taken, give the member written notice of:
- the action taken, and
- the reasons given by the committee for taking the action, and
- the member’s right of appeal under clause 8.
- The expulsion or suspension does not take effect until the later of the following:
- the day the period within which the member is entitled to exercise the member’s right of appeal expires, or
- if the member exercises the member’s right of appeal within the period - the day the association confirms the resolution under clause 8.
- A member may appeal against a resolution of the committee under clause 7 by lodging a notice of appeal with the secretary within 7 days of being served notice of the resolution.
- The member may include, with the notice of appeal, a statement of the grounds on which the member intends to rely for the purposes of the appeal.
- The secretary must notify the committee that the secretary has received a notice of appeal.
- If notified that a notice has been received, the committee must call a general meeting of the association to be held within 28 days of the day the notice was received.
- At the general meeting:
- no business other than the question of the appeal is to be transacted, and
- the member must be given an opportunity to state the member’s case orally or in writing, or both, and
- the committee must be given the opportunity to state the committee’s case orally or in writing, or both, and
- the members present must vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
- The appeal is to be determined by a simple majority of votes cast by the members.
- The following disputes must be referred to a Community Justice Centre within the meaning of the Community Justice Centres Act 1983 for mediation:
- a dispute between 2 or more members of the association, but only if the dispute is between the members in their capacity as members, or
- a dispute between 1 or more members and the association.
- If the dispute is not resolved by mediation within 3 months of being referred to the Community Justice Centre, the dispute must be referred to arbitration.
- The Commercial Arbitration Act 2010 applies to a dispute referred to arbitration.
A right, privilege or obligation that a person has because the person is a member of the association:
- cannot be transferred to another person, and
- terminates once the person ceases to be a member of the association.
- A member of the association may resign from being a member by giving the secretary written notice of at least 1 month, or another period determined by the committee, of the member’s intention to resign.
- The member ceases to be a member on the expiration of the notice period.
A person ceases to be a member of the association if the person:
- dies, or
- resigns from being a member, or
- is expelled from the association, or
- fails to pay the annual subscription fee payable under clause 5(2) within 3 months of the due date.
- fails to pay the ASRF fee.
- is not prepared to participate in the sport of Street Rodding by disposing of their vehicle and vehicle parts with the intention not to replace these items with the minimum requirements that were necessary to become a member of the association in the first place.
Division 1 Constitution13 Functions of committee
Subject to the Act, the Regulation, this constitution and any resolution passed by the association in general meeting, the committee:
- is to control and manage the affairs of the association, and
- may exercise all the functions that may be exercised by the association, other than a function that is required to be exercised by the association in general meeting, and
- has power to do all things that are necessary or convenient to be done for the proper management of the affairs of the association.
- The committee must have 7 members, as elected in accordance with clause 15, consisting of:
- the following office-bearers:
- the president,
- the vice-president,
- the secretary,
- the treasurer, and
- at least 3 ordinary committee members.
- the following office-bearers:
- An office-bearer may hold up to 2 offices, other than both the offices of president and vice-president.
- Any member of the association may be nominated as a candidate for election as an office-bearer or ordinary committee member.
- The nomination must be:
- made in writing, and
- signed by at least 2 members of the association, not including the candidate, and
- accompanied by the written consent of the candidate to the nomination, and
- given to the secretary at least 7 days before the date fixed for the annual general meeting at which the election is to take place.
- If insufficient nominations are received to fill all vacancies:
- the candidates nominated are taken to be elected, and
- a call for further nominations must be made at the meeting.
- A nomination made at the meeting in response to a call for further nominations must be made in the way directed by the member presiding at the meeting.
- Vacancies that remain after a call for further nominations are taken to be casual vacancies.
- If the number of nominations received is equal to the number of vacancies to be filled, the members nominated are taken to be elected.
- If the number of nominations received is more than the number of vacancies to be filled, a ballot must be held at the meeting in the way directed by the committee.
- Subject to this constitution, a committee member holds office from the day the member is elected until immediately before the next annual general meeting.
- A member is eligible, if otherwise qualified, for re-election.
- There is no limit on the number of consecutive terms for which a committee member may hold office.
- A casual vacancy in the office of a committee member arises if the member:
- dies, or
- ceases to be a member of the association, or
- resigns from office by written notice given to the secretary, or
- is removed from office by the association under this clause, or
- is absent from 3 consecutive meetings of the committee without the consent of the committee, or
- becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
- is prohibited from being a director of a company under the Corporations Act 2001 of the Commonwealth, Part 2D.6, or
- is convicted of an offence involving fraud or dishonesty for which the maximum penalty is imprisonment for at least 3 months, or
- becomes a mentally incapacitated person.
- The association in general meeting may, by resolution:
- remove a committee member from office at any time, and
- appoint another member of the association to hold office for the balance of the committee member’s term of office.
- A committee member to whom a proposed resolution referred to in subclause (2) relates may:
- give a written statement, of a reasonable length, to the president or secretary, and
- request that the committee send a copy of the statement to each member of the association at least 7 days before the general meeting at which the proposed resolution will be considered.
- If the committee fails to send a copy of a statement received under subclause (3)(a) to each member in accordance with a request made under subclause (3)(b), the statement must be read aloud by the member presiding at the general meeting at which the proposed resolution will be considered.
- The committee may appoint a member of the association to fill a casual vacancy other than a vacancy arising from the removal from office of a committee member.
- Subject to this constitution, a member appointed to fill a casual vacancy holds office until the next annual general meeting.
- As soon as practicable after being elected as secretary, the secretary must lodge a notice with the association specifying the secretary’s address.
- The secretary must keep minutes of:
- all elections of committee members, and
- the names of committee members present at a meeting of the committee or a general meeting, and
- all proceedings at committee meetings and general meetings.
- The minutes must be:
- kept in written or electronic form, and
- for minutes of proceedings at a meeting -signed, in writing or by electronic means, by:
- the member who presided at the meeting, or
- the member presiding at the subsequent meeting.
The treasurer of the association must ensure--
- all money owed to the association is collected, and
- all payments authorised by the association are made, and
- correct books and accounts are kept showing the financial affairs of the association, including full details of receipts and expenditure relating to the association’s activities.
- The committee may:
- establish 1 or more subcommittees to assist the committee to exercise the committee’s functions, and
- appoint 1 or more members of the association to be the members of the subcommittee.
- The committee may delegate to the subcommittee the exercise of the committee’s functions specified in the instrument, other than:
- this power of delegation, or
- a duty imposed on the committee by the Act or another law.
Division 2 Procedure21 Committee meetings
- The committee must meet at least 3 times in each 12-month period at the place and time determined by the committee.
- Additional meetings of the committee may be called by any committee member.
- The procedure for calling and conducting business at a meeting of a subcommittee is to be as determined by the subcommittee.
22 Notice of committee meeting
- The secretary must give each committee member oral or written notice of a meeting of the committee at least 48 hours, or another period on which the committee members unanimously agree, before the time the meeting is due to commence.
- The notice must describe the general nature of the business to be transacted at the meeting.
- The only business that may be transacted at the meeting is:
- the business described in the notice, and
- business that the committee members present at the meeting unanimously agree is urgent business.
- The quorum for a meeting of the committee is 5 committee members.
- No business may be transacted by the committee unless a quorum is present.
- If a quorum is not present within half an hour of the time the meeting commences, the meeting is adjourned:
- to the same place, and
- to the same time of the same day in the following week.
- If a quorum is not present within half an hour of the time the adjourned meeting commences, the meeting is dissolved.
- If the number of committee members is less than the number required to constitute a quorum for a committee meeting, the committee members may appoint 1 or more members of the association as committee members to enable the quorum to be constituted.
- A committee member appointed under subclause (5) holds office, subject to this constitution, until the next annual general meeting.
- This clause does not apply to the filling of a casual vacancy to which clause 17 applies.
24 Presiding committee member
- The following committee member presides at a meeting of the committee:
- the president,
- if the president is absent - the vice-president,
- if both the president and vice-president are absent - 1 of the members present at the meeting, as elected by the other members.
- The member presiding at the meeting has:
- a deliberative vote, and
- in the event of an equality of votes - a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the committee or a subcommittee at which a quorum is present is the decision of the committee or subcommittee.
26 Acts valid despite vacancies or defects
- Subject to clause 23(1), the committee may act despite there being a casual vacancy in the office of a committee member.
- An act done by a committee or subcommittee is not invalidated because of a defect relating to the qualifications or appointment of a member of the committee or subcommittee.
- The committee may transact its business by the circulation of papers, including by electronic means, among all committee members.
- If the committee transacts business by the circulation of papers, a written resolution, approved in writing by a majority of committee members, is taken to be a decision of the committee made at a meeting of the committee.
- The committee may transact its business at a meeting at which 1 or more committee members participate by telephone or other electronic means, provided a member who speaks on a matter can be heard by the other members.
- The member presiding at the meeting and each other member have the same voting rights as they would have at an ordinary meeting of the committee for the purposes of:
- the approval of a resolution under subclause (2), or
- a meeting held in accordance with subclause (3).
- A resolution approved under subclause (2) must be recorded in the minutes of the meetings of the committee.
Part 4 General meetings of association
28 Annual general meetings
- The association must hold the association’s first annual general meeting within 18 months of the day the association was registered under the Act.
- The association must hold subsequent annual general meetings within:
- 6 months of the last day of the association’s financial year, or
- the later period allowed or prescribed in accordance with the Act, section 37(2)(b).
- Subject to the Act and subclauses (1) and (2), the annual general meeting is to be held at the place and time determined by the committee.
- The business that may be transacted at an annual general meeting includes the following:
- confirming the minutes of the previous annual general meeting and any special general meetings held since the previous annual general meeting,
- receiving reports from the committee on the association’s activities during the previous financial year,
- electing office-bearers and ordinary committee members,
- receiving and considering financial statements or reports required to be submitted to members of the association under the Act.
29 Special general meetings
- The committee may call a special general meeting whenever the committee thinks fit.
- The committee must call a special general meeting if the committee receives a request made by at least 5% of the total number of members.
- The request:
- must be in writing, and
- must state the purpose of the meeting, and
- must be signed by the members making the request, and
- may consist of more than 1 document in a similar form signed by 1 or more members, and
- must be lodged with the secretary, and
- may be in electronic form and signed and lodged by electronic means.
- If the committee fails to call a special general meeting within 1 month of the request being lodged, 1 or more of the members who made the request may call a special general meeting to be held within 3 months of the date the request was lodged.
- A special general meeting held under subclause (4) must be conducted, as far as practicable, in the same way as a general meeting called by the committee.
- The secretary must give each member notice of a general meeting:
- if a matter to be determined at the meeting requires a special resolution - at least 21 days before the meeting, or
- otherwise - at least 14 days before the meeting.
- The notice must specify:
- the place and time at which the meeting will be held, and
- the nature of the business to be transacted at the meeting, and
- if a matter to be determined at the meeting requires a special resolution - that a special resolution will be proposed, and
- for an annual general meeting - that the meeting to be held is an annual general meeting.
- The only business that may be transacted at the meeting is:
- the business specified in the notice, and
- for an annual general meeting - business referred to in clause 28(4).
- A member may give written notice to the secretary of business the member wishes to raise at a general meeting.
- If the secretary receives a notice under subclause (4), the secretary must specify the nature of the business in the next notice calling a general meeting.
- The quorum for a general meeting is 9 members 4 of whom must be committee members of the association entitled to vote under this constitution.
- No business may be transacted at a general meeting unless a quorum is present.
- If a quorum is not present within half an hour of the time the meeting commences, the meeting:
- if called on the request of members - is dissolved, or
- otherwise - is adjourned:
- to the same time of the same day in the following week, and
- to the same place, unless another place is specified by the member presiding at the meeting at the time of the adjournment or in a written notice given to members at least 1 day before the adjourned meeting.
- If a quorum is not present within half an hour of the time an adjourned meeting commences, but there are at least 3 members present, the members present constitute a quorum.
- The member presiding at a general meeting may, with the consent of the majority of the members present, adjourn the meeting to another time and place.
- The only business that may be transacted at the adjourned meeting is the business remaining from the meeting at which the adjournment took place.
- If a meeting is adjourned for at least 14 days, the secretary must give each member oral or written notice, at least 1 day before the adjourned meeting, of:
- the time and place at which the adjourned meeting will be held, and
- the nature of the business to be transacted at the adjourned meeting
- 33 Presiding member
- The following member presides at a general meeting:
- the president,
- if the president is absent - the vice-president,
- if both the president and vice-president are absent - 1 of the members present at the meeting, as elected by the other members.
- The member presiding at the meeting has:
- a deliberative vote, and
- in the event of an equality of votes - a second or casting vote.
- A member is not entitled to vote at a general meeting unless the member:
- is at least 18 years of age, and
- has paid all money owed by the member to the association.
- Each member has 1 vote, except as provided by clause 33(2)(b).
- A question raised at the meeting must be decided by:
- a show of hands, or
- if clause 36 applies - an appropriate method as determined by the committee, or
- a written ballot, but only if:
- the member presiding at the meeting moves that the question be decided by ballot, or
- at least 5 members agree the question should be determined by ballot.
- If a question is decided using a method referred to in subclause (3)(a) or (b), either of the following is sufficient evidence that a resolution has been carried, whether unanimously or by a majority, or lost, using the method:
- a declaration by the member presiding at the meeting,
- an entry in the association’s minute book.
- A written ballot must be conducted in accordance with the directions of the member presiding.
- A member cannot cast a vote by proxy.
- The association may hold a postal or electronic ballot, as determined by the committee, to decide any matter other than an appeal under clause 8.
- The ballot must be conducted in accordance with Schedule 2 of the Regulation.
36 Transaction of business outside meetings or by telephone or other means
- The association may transact its business by the circulation of papers, including by electronic means, among all members of the association.
- If the association transacts business by the circulation of papers, a written resolution, approved in writing by a majority of members, is taken to be a decision of the association made at a general meeting.
- The association may transact its business at a general meeting at which 1 or more members participate by telephone or other electronic means, provided a member who speaks on a matter can be heard by the other members.
- The member presiding at the meeting and each other member have the same voting rights as they would have at an ordinary meeting of the association for the purposes of:
- the approval of a resolution under subclause (2), or
- a meeting held in accordance with subclause (3).
- A resolution approved under subclause (2) must be recorded in the minutes of the meetings of the association.
Part 5 Administration
37 Change of name, objects or constitution
An application for registration of a change in the association’s name, objects or constitution made under the Act, section 10 must be made by:
- the public officer, or
- a committee member.
- Subject to a resolution passed by the association, the association’s funds may be derived from the following sources only:
- the entrance fees and annual subscription fees payable by members,
- donations,
- other sources as determined by the committee.
- Subject to a resolution passed by the association, the association’s funds and assets must be used to pursue the association’s objects in the way that the committee determines.
- As soon as practicable after receiving money, the association must:
- deposit the money, without deduction, to the credit of the association’s authorised deposit-taking institution account, and
- issue a receipt for the amount of money received to the person from whom the money was received.
- A cheque or other negotiable instrument must be signed by 2 authorised signatories.
39 Insurance
The association may take out and maintain insurance as appropriate for the association’s assets and liabilities.
40 Non-profit status
Subject to the Act and the Regulation, the association must not conduct the association’s affairs in a way that provides a pecuniary gain for a member of the association.
Note: See the Act, section 40.
41 Service of notices
- For the purposes of this constitution, a notice may be given to or served on a person:
- by delivering the notice to the person personally, or
- by sending the notice by pre-paid post to the address of the person, or
- by sending the notice by electronic transmission to an address specified by the person for giving or serving the notice.
- A notice is taken to have been given to or served on a person, unless the contrary is proved:
- for a notice given or served personally - on the date on which the notice is received by the person, or
- for a notice sent by pre-paid post - on the date on which the notice would have been delivered in the ordinary course of post, or
- for a notice sent by electronic transmission:
- on the date the notice was sent, or
- if the machine from which the transmission was sent produces a report indicating the notice was sent on a later date—on the later date.
- All correspondence between the association and its members will be done by email or SMS.
Except as otherwise provided by this constitution, all records, books and other documents relating to the association must be kept in New South Wales:
- at the association’s main premises, in the custody of either of the following persons, as determined by the committee:
- the public officer,
- a member of the association, or
- if the association has no premises - at the association’s official address, in the custody of the public officer.
43 Inspection of records and books
- The following documents must be available for inspection, free of charge, by members of the association at a reasonable time:
- this constitution,
- minutes of committee meetings and general meetings of the association,
- records, books and other documents relating to the association.
- A member may inspect a document referred to in subclause (1):
- in hard copy, or
- in electronic form, if available.
- A member may obtain a hard copy of a document referred to in subclause (1) on payment of a fee of not more than $1, as determined by the committee, for each page copied.
- The committee may refuse to allow a member to inspect or obtain a copy of a document under this clause:
- that relates to confidential, personal, commercial, employment or legal matters, or
- if the committee considers it would be prejudicial to the interests of the association for the member to do so.
The association’s financial year is:
- the period 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, commencing on 1 July and ending on the following 30 June.
45 Distribution of property on winding up
- Subject to the Act and the Regulation, in a winding up of the association, the surplus property of the association must be transferred to another organisation:
- with similar objects, and
- which is not carried on for the profit or gain of the organisation’s members.
- In this clause:
46. Street Rod Permit Registration Scheme
(1) Club Members with cars on the Permit Registration Scheme must abide by the rules and directions of the NSW Street Rod Committee Inc. (SRC)
(2) At all times the NSW Street Rod Committee Inc. has jurisdiction over the permit vehicle in the club.
(3) The club shall have an elected Technical Advisory Committee (TAC) representative. The TAC representative duties are to include the following:
(a) Responsible for the technical side of the clubs’ duties.
(b) Give advice in technical areas for both full and conditional registration.
(c) Have access to the Street Rod Construction Guidelines
(d) Have access to the “Do it yourself checklist”.
(e) Carry out “do it yourself checklist “prior to SRC inspection of the vehicles
under construction.
(f) Be the principle contact for the club with the SRC
(g) Keep the SRC informed of any changes within the club in relation to
conditional registration i.e. members leaving or cars being sold.
(h) Responsible for guidance of club members in matters relating to safety and
conformance rules.
(i) Attend the annual SRC Annual General Meeting or appoint a club
representative to attend.
(j) Provide the SRC with a yearly report on the vehicles in the club using
conditional registration. i.e. operators name, contact details, conditional
registration number.
(4) The club is to remain recognized as a charter member of the ASRF at all times. If charter membership were to lapse conditional registration of the clubs’ vehicles is to be considered cancelled and the SRC is to be notified by the TAC representative.