CACA
CONSTITUTION
NAME
1. The name of the incorporated association shall be "CHRISTIAN AUTOSPORTS CLUB of AUSTRALIA INCORPORATED", (CACA INC) in these rules called the association.
OBJECTS
2. The objects for which the association is established are:-
2.1 To present Christ to all those involved in motor sport.
2.2 To promote and foster motor sport in a Christian manner.
2.3 To promote friendship and courtesy, on the road, socially, and in competition.
2.4 To conduct meetings, and classes to help members develop mechanical knowledge, driving skill, and the abundant and fruitful Christian life.
2.5 To associate and affiliate with the Confederation of Australian Motor Sports (CAMS).
2.6 To
establish branches throughout
POWERS
3.1 To
take over the funds and other assets and the liabilities of the
presently unincorporated association known as "Christian Autosports Club
of
3.2 To subscribe to, become a member of, and co-operate with any other association, club or organisation, whether incorporated or not, whose objects are altogether or in part similar to those of the association provided that the association shall not subscribe to or support with it’s funds any club, association or organisation which does not prohibit the distribution of it’s income and property among it’s members to the extent as that imposed on the association under or by venture of rule 28 (10).
3.3 In furtherance of the objects of the association to buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the association or persons frequenting the association’s premises.
3.4 To purchase, take on lease or in exchange, hire or otherwise acquire any lands, buildings, easements or property, real estate and personnel, and any rights or privileges which may be requisite for the purpose of, or capable of being conveniently used in connection with, any of the objects of the association; provided that in case the association shall take or hold any property which may be subject to any trusts the association shall only deal with the same in such a manner as is allowed by law having regard to such trusts.
3.5 To enter into any arrangements with Governments or Authorities that are incidental or conductive to the attainment of the objects and the exercise of the powers of the association; to obtain from any such Government or Authority any rights, privileges and concessions which the association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.
3.6 To appoint, employ, remove or suspend such managers, clerks, secretaries, workmen and other persons as may be necessary or convenient for the purpose of the association.
3.7 To remunerate any person or body corporate for services rendered, or to be rendered, and whether by way of brokerage or otherwise in placing or assisting to place or guaranteeing the placing of any unsecured notes, debentures or other securities of the incorporated association, or in or about the incorporated association or promotion of the incorporated association or in the furtherance of it’s objects.
3.8 To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds works or conveniences which may seem directly or indirectly to advance the association’s interests, and to contribute to, subsidise or otherwise assist and take part in the construction, improvement, development, working, management, carrying-out, alteration or control thereof.
3.9 To invest and deal with the money of the association not immediately required in such a manner as from time to time be thought fit.
3.10 To take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate.
3.11 In furtherance of the objects of the association to lend and advance money or give credit to any person or body corporate; to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or body corporate, and otherwise to assist any person or body corporate.
3.12 To borrow or raise money either alone or jointly with any person or legal entity in such a manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or secure any moneys or further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, lien or other security upon the whole or any part of the incorporated associations property or assets present or future and to purchase, redeem or pay-off any such securities.
3.13 To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments.
3.14 In furtherance of the objects of the association to sell, improve, manage, develop, exchange, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property or rights of the association.
3.15 To hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the associations property of whatsoever kind sold by the association, or any money due to the association from purchasers and others.
3.16 To take any gift of property whether subject to any special trust or not, for any more of the objects of the association but subject always to the proviso in sub-rule 4.
3.17 To take such steps by personal or written appeals, public meetings or otherwise, as from time to time be deemed expedient for the purpose of procuring contributions to the funds of the association, in the shape of donations, annual subscriptions or otherwise.
3.18 To print and publish any newspapers, periodicals, books or leaflets that the association may think desirable for the promotion of its objects.
3.19 In furtherance of the objects of the association to amalgamate with any one or more incorporated associations having objects altogether or in part similar to those of the association and which shall prohibit the distribution of it’s or their income and property among it’s or their members to an extent at least as great as that imposed upon the association under or by virtue of rule 28(10).
3.20 In furtherance of the objects of the association to purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the association is authorised or amalgamated.
3.21 In furtherance of the objects of the association to transfer all or any part of the property, assets, liabilities and engagements of the association to any one or more of the incorporated associations with which the association is authorised to amalgamate.
3.22 To make donations for Christian, patriotic, charitable or community purposes.
3.23 To have as the association’s colours orange and black on white or silver.
3.24 In furtherance of it’s objects the association shall not organise competitive events on Sundays.
3.25 To do all such other things as are incidental or conductive to the attainment of the objects and exercise of the powers of the association.
CLASS OF MEMBERS
4.1 The membership of the association shall consist of ordinary members and any of the following classes of members:-
Life members
Honary members.
4.2 The number of ordinary members shall be unlimited.
MEMBERSHIP
5.1 Every person who at the date of the corporation of the association was a member of the unincorporated association and who on or before the 30th day of September 1989, agrees in writing to become a member of the association shall be admitted by the management committee to the same class of membership of the association as that member held in the unincorporated association. Every member of the association who previously has paid his subscription due on the first day of January 1989 as a member of the unincorporated association shall not be liable to pay any further sum by way of annual subscription to the association for the period prior to the first day of January 1990.
5.2 Every applicant for any class of membership of the association (other than the members of the unincorporated association referred to in sub-rule 5.1) shall be proposed by one member of the association and seconded by another member. The application for membership shall be made in writing, signed by the applicant and his proposer and seconded and shall be in such form as the management committee from time to time prescribes.
5.3 To be eligible for life membership a member shall have been a financial member of the association for ten consecutive years and served on the committee for three of those years.
5.4 Honary membership is open to anyone nominated by two members and approved of by a quorum of members. Honary members do not have voting rights at meetings, nor may they take positions on the management committee. Honary membership is for a maximum period of six months.
5.5 All members of the association, whether ordinary, life, or honary must be Christians as defined in ROMANS 10:9-10.
MEMBERSHIP FEES
6.1 The membership fees for each class of membership shall be such sum as the members from time to time at any general meeting so determine.
6.2 The membership fees for each class of membership shall be payable at such time and in such manner as the management committee shall from time to time determine.
ADMISSION AND REJECTION OF MEMBERS
7.1 At the next meeting of the management committee after the receipt of any application and the fee applicable for any class of membership, such application shall be considered by the management committee, who shall thereupon determine the admission or rejection of the applicant.
7.2 All applicants are to be interviewed by the club chaplain or his nominated representative prior to the management committee considering the application. The chaplain’s recommendation is to be presented to the management committee prior to a decision being made by the management committee on the application.
7.3 Any applicant who receives a majority of votes of the members of the management committee present at the meeting at which such application is being considered shall be accepted to the class of membership applied for.
7.4 Upon the acceptance or rejection of an application for any class of membership the secretary shall forthwith give the applicant notice in writing of such acceptance or rejection.
TERMINATION OF MEMBERSHIP
8.1 A member may resign from the association at any time by giving notice in writing to the secretary. Such resignation shall take effect from the time such notice is received by the secretary unless a later date is specified in the notice when it shall take effect on that later date.
8.2 If a member:
1. is convicted of an indictable offence
2. fails to comply with any of the provisions of these rules
3. has membership fees in arrears of 3 months or more
4. conducts himself in a manner considered to be injurious or prejudicial to the character or interests of the association
the management committee shall consider whether his membership shall be terminated.
8.3 The member concerned shall be given a full and fair opportunity of presenting his case and if the management committee resolve to terminate his membership it shall instruct the secretary to advise the member in writing accordingly.
APPEAL AGAINST REJECTION OR TERMINATION OF
MEMBERSHIP
9.1 A person whose application for membership has been rejected or whose membership has been terminated may within one month of receiving written notification thereof, lodge with the secretary written notice to appeal against the decision of the management committee.
9.2 Upon receipt of a notification to appeal against rejection or termination of membership the secretary shall convene, within three months of the date of receipt by him of such a notice, a general meeting to determine the appeal. At any such meeting the applicant shall be given the opportunity to fully represent his case and the management committee or those members thereof who rejected the application for membership or terminated the membership subsequently shall likewise have the opportunity of presenting its or their case. The appeal shall be determined by the vote of the members present at such meeting.
9.3 Where a person whose application is rejected, does not appeal against the decision of the management committee within the time prescribed by these rules or so appeals but the appeal is unsuccessful, the secretary shall forthwith refund the amount of any fee paid.
9.4 No person who has an appeal against rejection or termination pending shall be able to participate in any club activities from the time of the management committee’s rejection or termination of his membership.
REGISTER OF MEMBERS
10.1 The management committee shall cause a Register to be kept in which shall be entered the names and residential addresses of all persons admitted to membership of the association and the dates of their admission.
10.2 Particulars shall also be entered into the register of deaths, resignations, termination’s and re-instatement’s of membership and any further particulars as of membership and any further particulars as the management committee or the members at any general meeting may require from time to time.
10.3 The register shall be open for inspection at all reasonable times by any member who previously applies to the secretary for such inspection.
SECRETARY
11.1 If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must appoint or elect a secretary for the association within 1 month after incorporation.
11.2 If a vacancy happens in the office of secretary, the members of the management committee must appoint or elect a secretary within 1 month after the vacancy happens.
11.3 The
secretary must be an individual residing in
a. a member of the association elected by the association as secretary; or
b. a member of the association’s management committee appointed by the committee as secretary; or
c. appointed by the management committee as secretary (whether or not the individual is a member of the association).
MEMBERSHIP OF THE MANAGEMENT COMMITTEE
12.1 The management committee of the association shall consist of a Chaplain, President, Secretary, Treasurer all whom shall be members of the association, and such number of other members as the members of the association at any general meeting may from time to time elect or appoint.
12.2 At the annual general meeting of the association, all members of the management committee for the time being shall retire from office, but shall be eligible upon nomination for re-election.
12.3 The election of officers and other members of the management committee shall take place in the following manner:-
a. Any two members of the association shall be at liberty to nominate any other member to serve as an officer of the management committee, excepting that any person nominated for chaplain shall satisfy the conditions laid down in 11.3 (f).
b. The nomination shall be in writing and signed by the member, and his proposer and seconder. It shall be lodged with the secretary at least fourteen days before the annual general meeting at which the election is to take place.
c. A list of the candidates names in alphabetical order, with the proposer’s and seconder’s names shall be posted out with a notice of the annual general meeting at least 7 days preceding the annual general meeting.
d. Balloting lists shall be prepared (if necessary) containing the names of the candidates in alphabetical order, and each member present at the annual general meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies.
e. Should at the commencement of such meeting there be an insufficient number of candidates nominated, nominations will not be taken from the floor of the meeting. A member of the association may be appointed to temporarily fill any vacant positions on the management committee by the chaplain. Nominations for the vacant position/s shall be in writing and shall be received by the secretary prior to the management committee following the annual general meeting. A list of candidates for the vacant positions shall be printed in alphabetical order in the magazine preceding the general meeting at which the election to fill any vacant positions is to take place.
f. The chaplain of the association shall be a deacon or elder in his church, or if no deacon or elder is available, the nominee/s shall fulfil the requirements as laid down in 1 Timothy 3:1-12 for elders/pastors.
RESIGNATION OR REMOVAL FROM THE OFFICE OF MEMBER OF THE MANAGEMENT
COMMITTEE
VACANCIES OF THE MANAGEMENT COMMITTEE
14.1 The management committee shall have the power at any time to appoint any member of the association to fill any casual vacancy on the management committee until the next annual general meeting.
14.2 The continuing members of the management committee may act notwithstanding any casual vacancy in the management committee, but if and so long as their number is reduced below the number fixed by or pursuant to these rules as the necessary quorum of the management committee, the continuing number of members may act for the purpose of increasing the number of members on the management committee to that number, or, of summoning a general meeting of the association.
FUNCTIONS OF THE MANAGEMENT COMMITTEE
15.1 Except as otherwise provided by these rules and subject to resolutions of the members of the association carried at any general meeting the management committee
a. shall have the general control and management of the administration of the affairs, property and funds of the association; and
b. shall have authority to interpret the meaning of these rules and any matter relating to the association on which these rules are silent.
15.2 The management committee may exercise all the powers of the association
a. to borrow or raise money or secure the payment of money in such manner as the members of the association may think fit and secure the same or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or entered into by the association in any way and in particular by the issue of debentures, perpetual or otherwise, charged upon all or any of the association’s property, both present and future, and to purchase, redeem or pay off any such securities;
b. to borrow money from members at a rate of interest not exceeding interest at the rate for the time being charged by bankers in Brisbane for overdrawn account or money lent, whether the term of the loan be short or long, and to mortgage or charge its property or any part thereof and to issue debentures and other securities whether outright or as security for any debt, liability or obligation of the association, and to provide and pay off any such securities;
c. to invest in any such manner as the members of the association may from time to time determine.
MEETINGS OF THE MANAGEMENT COMMITTEE
16.1 The management committee shall meet at least once every calendar month to exercise its functions.
16.2 A special meeting of the management committee shall be convened by the secretary on the requisition in writing signed by not less than one third of the members of the management committee, which requisition shall clearly state the reasons why such special meeting is being convened and the nature of the business to be transacted thereat.
16.3 At every meeting of the management committee a simple majority of a number equal to the number of members elected and/or appointed to the management committee as at the close of the last general meeting of members shall constitute a quorum.
16.4 Subject as previously provided in this rule, the management committee may meet together and regulate its proceedings as it thinks fit, provided that questions arising at any meeting of the management shall be decided by a majority of votes, and, in the case of equality of votes the question shall be deemed to be decided in the negative.
16.5 A member of the management committee shall not vote in respect of any contract or proposed contract in which he is interested, or any matter arising thereout, and if he does so vote his vote shall not be counted.
16.6 Not less than fourteen days notice shall be given by the secretary to members of the management committee of any special meeting of the management committee. Such notice shall clearly state the nature of the business to be discussed thereat.
16.7 The President shall preside as chairman at every meeting of the management committee, or if there is no President, or if at any meeting he is not present within ten minutes after the time appointed for holding the meeting, the Chaplain shall preside, or if the Chaplain is not present at the meeting then members may choose one of their number to be chairman of the meeting.
16.8 If within half an hour from the time appointed for the commencement of a management committee meeting a quorum is not present, the meeting, if convened upon the requisition of members of the management committee, shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such time and place as the management committee may determine, and if at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall lapse.
SUB-COMMITTEE’S
17.6 Questions arising at any meeting shall be determined by a majority of the members present and, in the case of equality votes, the question shall be deemed to be decided in the negative.
ACTS NOT AFFECTED BY DEFECTS OR DISQUALIFICATIONS
18. All acts done by any meeting of the management committee or of a subcommittee or by any person acting as a member of the management committee shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the management committee or person acting as aforesaid, or that the member of the management committee or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of the management committee.
RESOLUTIONS OF MANAGEMENT COMMITTEE WITHOUT
MEETING
19.1 A resolution in writing signed by all members of the management committee for the time being entitled to receive notice of a meeting of the management committee shall be as valid and effectual as if it had been passed at a meeting of the management committee duly convened and held.
19.2 Any such resolution may consist of several documents in like form, each signed by one or more members of the management committee.
FIRST GENERAL MEETING
20.3 The business to be transacted at the first general meeting must include the appointment of an auditor.
FIRST ANNUAL GENERAL MEETING
21. The first annual general meeting must be held within 18 months after the day the association is incorporated.
SUBSEQUENT ANNUAL GENERAL MEETINGS
22. Each subsequent annual general meeting must be held -
BUSINESS TO BE TRANSACTED AT ANNUAL GENERAL
MEETING
23. The business to be transacted at every general meeting shall be:
a. the receiving of the management committee’s report and statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the association for the preceding financial year;
b. the receiving of the auditors report upon the books and accounts for the preceding financial year;
c. the presenting of the audited statement to the meeting for adoption;
d. the election of members of the management committee;
e. the appointment of an auditor.
SPECIAL GENERAL MEETING
24. The secretary shall convene a special general meeting:
QUORUM AT GENERAL MEETING
25.1 At any general meeting the number of members required to constitute a quorum shall be double the number of members presently on the management committee plus one.
25.3 For the purposes of this rule "member" included a person attending as a proxy or as representing a corporation which is a member.
25.5 In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and such other time and place as the management committee may determine, and if at the adjourned meeting a quorum is not present within half an hour of the appointed time of the meeting the members present shall be a quorum.
25.8 Save as the aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.
NOTICE OF GENERAL MEETING
26.1 The secretary shall convene all general meetings of the association by giving not less than 14 days notice of any such meeting to the members of the association.
26.4 Notice of a general meeting shall clearly state the nature of the business to be discussed thereat.
PROCEDURE AT GENERAL MEETING
27.1 Unless otherwise provided by these rules, at every general meeting:-
a. The president shall preside as chairman, or if the president is not present within fifteen minutes after the time appointed for the meeting the chaplain shall be chairman or if the chaplain is not present the members shall elect one of their number to be the chairman of the meeting.
b. The chairman shall maintain order and conduct the meeting in a proper and orderly manner.
c. Every question, matter or resolution shall be decided by a majority of votes of the members present.
d. Every member present shall be entitled to one vote and in the case of an equality of votes the chairman shall have a second or casting vote.
f. However, no member shall be entitled to vote at any general meeting if his annual subscription is more than one month in arrears at the date of the meeting.
g. Voting shall be by a show of hands or a division of members, unless not less than one fifth of the members present demand a ballot, in which there shall be a secret ballot.
h. The chairman shall appoint two members to conduct the secret ballot in such manner as he shall determine and the result of the ballot as declared by the chairman shall be deemed to be the resolution of the meeting at which the ballot was demanded.
i. A member may vote in person or by proxy or by attorney and on a show of hands of every person present who is a member or a representative of a member shall have one vote and in a secret ballot every member present in person or by proxy or by attorney or other duly authorised representative shall have one vote.
i. The instrument appointing a proxy shall be in writing in the common or usual form under the hand of the appointor or of his attorney duly authorised in writing or, if the appointed is a corporation, either under the seal or under the hand of an officer or attorney duly authorised.
a. A proxy may but need not be a member of the association.
b. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a secret ballot.
c. Where it is desired to afford members an opportunity of voting for or against a resolution the instrument appointing a proxy shall be on the attached proxy form.
d. The instrument appointing a proxy shall be deposited with the secretary prior to the commencement of any meeting or adjourned meeting at which the person named in the instrument proposes to vote.
(n) The secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every management committee meeting and general meeting to be entered in a book to be open for inspection at all reasonable times for any financial member who previously applies to the secretary for that inspection.
27.2 For the purpose of ensuring the accuracy of the recording of such minutes, the minutes of every management committee shall be signed by the chairman of that meeting, verifying their accuracy.
27.4 However, the minutes of any annual general meeting shall be signed by the chairman of that meeting or the chairman of the next succeeding general meeting or annual general meeting.
BY-LAWS
28. The management committee may from time to time make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the association and any by-laws may be set aside by a general meeting of members.
ALTERATION OF RULES
29.2 However
an amendment, recission or addition shall be valid unless the same shall have
been previously submitted to and approved by the Under Secretary, Department of
Justice,
COMMON SEAL
30.2 The common seal shall only be used by the authority of the management committee and every instrument to which the seal is affixed shall be signed by a member of the management committee and shall be countersigned by the secretary or by a second member of the management committee or by some other person appointed by the management committee for the purpose.
FUNDS AND ACCOUNTS
31.1 The funds of the association shall be banked in the name of the association in such bank as the management committee may from time to time direct.
31.2 Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the association and the particulars usually shown in books of a like nature.
31.3 All moneys shall be banked as soon as practical after the receipt thereof.
31.4 All amounts of $20-00 or over shall be paid by cheque signed by any two of the president, secretary, treasurer or other member authorised from time to time by the management committee.
31.5 Cheques shall be crossed "not negotiable" except those in payment of wages, allowances or petty cash recoupments which must be open.
31.6 The management committee shall determine the amount of petty cash which shall be kept on the imprest system.
31.7 All expenditure shall be approved or ratified at a management committee meeting.
31.8 As soon as practicable after the end of each financial year the treasurer shall cause to be prepared a statement containing particulars of:
a. the income and expenditure for the financial year just ended;
b. the assets and liabilities and of all mortgages, charges and securities affecting the property of the association at the close of that year.
31.9 If the association is incorporated within 3 months of the end of the association’s financial year, subsection 31.8 does not apply for the financial year the association is incorporated.
31.10 All such statements shall be examined by the auditor who shall present his report upon such audit to the secretary prior to the holding of the annual general meeting next following the financial year in respect of which such audit was made.
31.11 The income and property of the association whencesoever derived shall be used and applied solely in the promotion of its objects and in the exercise of its powers.
DOCUMENTS
32. The management committee shall provide for the safe custody of books, documents, instruments of title and securities of the association.
FINANCIAL YEAR
33. The financial year of the association shall close on the thirty-first day of December in each year.
DISTRIBUTION OF SURPLUS ASSETS TO ANOTHER
ENTITY
"surplus assets" has the meaning given by section 92(3) of the Act.
CHRISTIAN AUTOSPORTS CLUB of
I, _________________________________ of ___________________________________, being a member of the above mentioned association, hereby appoint ______________________________ of __________________________________ , or failing the member, ___________________________ of __________________________________ , as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the ____________ day of _____________, 19___ , and at any adjournment thereof.
Signed this __________ day of ___________ , 19___ .
_____________________________________ Signature.
This form is to be used * in favour of the __________________________________________________
* against
resolution.
* Strike out whichever is not desired. (Unless otherwise instructed, the proxy may vote as the proxy thinks fit.);