ASSOCIATIONS INCORPORATION ACT 1981
STATEMENT OF PURPOSES OF BEACONSFIELD PROGRESS ASSOCIATION Inc.
1. The name of the incorporated association is BEACONSFIELD PROGRESS ASSOCIATION INC.
2. The purposes of the Association are to:-
a) To promote the interests of the people of Beaconsfield Township, including the development of policy(s) relevant to the achievement of the objects of the Association.
b) By co-operation to promote harmonious dealing with any public matter in the interest of the district.
c) To examine the impact of future development of the Beaconsfield area and make submissions to relevant Authorities paying particular attention to balance between maintenance of existing town atmosphere, and local economic viability and provision of town services to residents.
d) To procure resources relevant to the achievement of the objects of the Association.
e) To communicate the objects of the Association to residents and organisations in Beaconsfield and to any relevant Corporation, Institution or groups outside of the Beaconsfield Township.
f) To receive monies from the Commonwealth and State Governments and from the Cardinia Shire Council and from the City of Casey and from any other source that may seem appropriate to the Association for the purposes of the Association.
g) From time to time to buy or sell or deal in or provide goods or services where those transactions are ancillary to the principal purposes of the Association, and to charge admission fees to displays, exhibitions, contests, Sporting fixtures or other occasions organised for the promotion of the purposes of the Association.
(i) invest and deal with money not immediately required, in authorised trustee investments.
(ii) raise and borrow money on terms that it thinks fit and to repay such borrowings at such times and in such manner, and on such terms and conditions as the Association may from time to time consider desirable.
(iii) secure the repayment of loans or the payment of any debtor liability of the Association by way of mortgage charge or security over all or any of the property of the Association.
(iv) act as trustee.
(v) accept and hold real and personal property on trust.
(vi) acquire by purchase, lease, exchange, rent, hire or otherwise any real or personal property.
(vii) construct, maintain and alter any building, plant, equipment, works or property.
(viii) sell, improve, manage, develop, exchange, lease, sublease, mortgage, dispose or turn to account or otherwise deal with all or any real or personal property of the Association or any of its rights or privileges.
(ix) procure or accept subscriptions, gifts and donations (whether of real or personal property).
(x) indemnify as far as the law may allow any member, officer or employee of the Association in respect of any action taken or to be taken or any liability incurred or to be incurred by such member officer or employee in any matter which the Association may consider of benefit to the Association.
(xi) pay all costs, charges and expenses incidental to, or connected with. the operation of the Association and the carrying of its purposes into effect, and to remunerate any person, firm or company for services rendered in connection therewith.
(xii) do all such other things that may appear to be directly or indirectly incidental or conducive to the attainment or furtherance of the purposes and the exercise of the powers of the Association.
ASSOCIATIONS INCORPORATION ACT 1981
RULES OF THE BEACONSFIELD PROGRESS ASSOCIATION INC
The name of the incorporated association is Beaconsfield Progress Association Inc. (in these rules called “the Association”).
(1) In these rules, unless the contrary intention appears:-
“Committee” means the Committee of Management of the Association.
“Financial year” means the year ending on 30th June.
“General Meeting” means a general meeting of members convened in accordance with Rule 9.
“Member” means a member of the Association.
“Ordinary Member of the Committee”, means a member of the Committee who is not an officer of the Association under Rule 19.
“The Act” means the Associations Incorporation Act 1981.
“The Regulations” means regulations under the Act.
(2) In these Rules, a reference to the secretary of an Association is a reference:-
(a) where a person holds office under these Rules as Secretary of the Association to that Person and:
(b) in any other case, to the public officer of the Association.
(3) Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.
(1) A member of the Association shall be a person who has applied for membership on the Form prescribed by the Committee, paid the subscription set for the current financial year and has agreed to abide by Rules and Policies set out in the Statement of Purposes and Rules of the Association.
(2) A right, privilege, or obligation of a person by reason of his membership of the association:-
(a) is not capable of being transferred or transmitted to another person:
(b) terminates upon the cessation of his membership whether by death or resignation or otherwise.
(3) Membership shall be available to all persons over 16 years of age who reside or are employed or conduct a business within the Beaconsfield Post Code area
(4) The Committee shall receive reports of wrongs from its members and place the same before the proper Authorities and obtain redress.
4. MEMBERSHIP FEES
(1) The annual subscription is $2 and is payable in advance on or before the 1st day of July in each year.
(2) Any increase in annual subscriptions shall be determined by the Committee from time to time.
(3) Any subscription not paid by 1st October each year will result in membership being deemed to have lapsed.
5. REGISTER OF MEMBER
The secretary shall keep and maintain a register of members in which shall be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Public Officer.
6. ANNUAL GENERAL MEETING
(1) The Association shall in each calendar year convene an annual general meeting of its members.
(2) The annual general meeting shall be held on such day as the Committee determines.
(3) The annual general meeting shall be specified as such in the notice convening it.
(4) The ordinary business of the annual general meeting shall be:-
(a) to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting.
(b) to receive from the Committee reports upon the transactions of the Association during the last preceding financial year;
(c) to elect officers of the Association and the ordinary members of the Committee: and
(d) to receive and consider the statement by the Association in accordance with Section 30(3) the Act.
(5) The annual general meeting may transact Special business of which notice is given in accordance with these rules.
(6) The annual general meeting shall be in addition to any other general meetings that may be held in the same year.
7. SPECIAL GENERAL MEETINGS
All general meetings other than the annual general meeting shall be called special general meetings.
(1) The Committee may, whenever it thinks fit, convene a Special general meeting of the Association and, where but for this sub-clause, more than 15 months would lapse between annual general meetings, shall convene a special general meeting before the expiration of that period.
(2) The Committee shall, on the requisition in writing of members representing not less than 20% of the total number of members, convene a special general meeting of the Association.
(3) The requisition for a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in a like form; each signed by one or more of the members making the requisition.
(4) If the Committee does not cause a special general meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, the Members making the requisition, or any of them, may convene a special general meeting to be held not later than 3 months after that date.
(5) A special general meeting convened by members in pursuance of these rules shall be convened in the same manner as possible as that in which those meetings are convened by the Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring the expenses.
9. NOTICE OF MEETING
(1) The Secretary of the Association shall, at least 7 days before the date fixed for holding a general meeting of the Association, cause to be publicly advertised by notices displayed in at least four business premises in the Beaconsfield township, a notice stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(2) No business other than that set out in the notice convening the meeting shall be transacted at the meeting.
(3) A Member desiring to bring any business before a meeting may give notice of that business in writing to the secretary, who shall include that business in the notice of the next general meeting after the receipt of the notice.
10 PROCEEDINGS AT MEETINGS
(1) All business that is transacted at a special general meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these rules as being the ordinary business of the annual general meeting shall be deemed to be special business.
(2) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.
(3) Five members personally present (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
(4) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting if convened upon the requisition of Members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at same place and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting. the members present (being not less than 3) shall be a quorum.
(1) The President, or in his absence the vice-president, shall preside as Chairman at each general meeting of the Association.
(2) If the President and the vice-president are absent from a general meeting, the members present shall elect one of their number to preside as Chairman at the meeting.
(1) The Chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2) Where a meeting is adjourned for 14 days or more. a like notice of the adjourned meeting shall be given as in the case of the general meeting.
(3) Except as provided in sub-clauses (1) and (2). it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
13. A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the show of hands a poll is demanded, .a declaration by the Chairman that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that effect in the Minute Book of the Association is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of. or against, that resolution.
(1) Upon any question arising at a general meeting of the Association, a member has one vote only.
(2) All votes shall be given personally or by proxy.
(3) In the case of an equality of voting on a question, the Chairman of the meeting is entitled to exercise a second or casting vote.
(1) If at a meeting a poll on any question is demanded by not less than three members, it shall be taken at that meeting in such a manner as the Chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
(2) A poll that is demanded on the election of a Chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairman may direct.
16. A member is not entitled to vote at any general meeting including annual general meetings unless all monies due and payable by him/her for annual subscriptions to the Association have been paid.
17. Each member shall be entitled to appoint another member as his proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(1) The affairs of the Association shall be managed by a Committee of Management constituted as provided in Rule 19.
(2) The Committee:-
(a) shall control and manage the business and affairs of the Association;
(b) may, subject to these rules, the regulations and the Act, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these rules to be exercised by general meetings of the members of the Association: and
(c) subject to these rules, the regulations and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Association.
(1) The officers of the Association shall be:-
(2) The provisions of Rule 21 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-clause (1).
(3) Each officer of the Association shall hold office until the annual general meeting next after the date of his election but is eligible for re-election.
(4) In the event of a casual vacancy in any office referred to in sub-clause (1), the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of his appointment.
(1) Subject to Section 21 of the Act, the Committee shall consist of:-
(a) the officers of the Association: and
(b) two or more ordinary members – each of whom shall be elected at the annual general meeting of the Association in each year.
(2) Each ordinary member of the Committee shall, subject to these rules, hold office until the annual general meeting next after the date of his election but is eligible for re-election.
(3) In the event of a casual vacancy occurring in the office of an ordinary member of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of his appointment.
21. ELECTION OF OFFICERS AND VACANCY
(1) Nominations of candidates for election as officers of the Association or as ordinary members of the Committee:-
(a) shall be made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and
(b) shall be delivered to the secretary of the Association not less than 7 days before the dated fixed for the holding of the annual general meeting.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.
(3) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
(4) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
(5) The ballot for the election of officers and ordinary members of the Committee shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.
(6) A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for another office for election at the same election.
22. For the purpose of these rules, the office of an officer of the Association or of an ordinary member of the Committee becomes vacant if the officer or member:-
(a) ceases to be a member of the Association;
(b) becomes an insolvent under the administration within the meaning of the Companies (Victoria) Code; or
(c) resigns his office by notice in writing given to the secretary.
23. PROCEEDINGS OF COMMITTEE
(1) The Committee shall meet at least 5 times in each year at such place and such times as the Committee may determine.
(2) Special meetings of the Committee may be convened by the President or by any 4 of the members of the Committee.
(3) notice shall be given to members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.
(4) Any 4 members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.
(5) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same place and at the same hour of the same day in the following week unless the meeting was a special meeting in which case it lapses.
(6) At meetings of the Committee:-
(a) the President or in his absence the vice-president shall preside; or
(b) if the President and the vice-president are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside.
(7) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.
(8) Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote and. in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
The secretary of the Association shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the names of persons present at committee meetings.
(1) The Treasurer of the Association:-
(a) shall collect and receive all moneys due to the Association and make all payments authorised by the Association; and
(b) shall keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.
(2) The accounts and books referred to in sub-clause (1) shall be available for inspection by members.
26. PUBLIC OFFICER
(1) The first Public Officer of the Association is the person upon whose application the Association was incorporated.
(2) Where the office of Public Officer of the Association of any time becomes vacant the committee shall, within fourteen days after the vacancy arises, appoint a person to fill the vacancy. Such appointee must meet the requirements for office as laid down by the Act, and must notify the Register of his/her appointment as laid down in the Act.
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two members of the committee.
(1) The Common Seal of the Association shall be kept in the custody of the secretary.
(2) The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of the Public Officer of the Association.
29. ALTERATION OF RULES AND STATEMENT OF PURPOSES
These rules and the statement of purposes of the Association shall not be altered except in accordance with the Act.
(1) A notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at his address shown in the Register of Members.
(2) Where a document is properly addressed pre-paid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post.
31. WINDING UP OR CANCELLATION
In the event of the winding up or the cancellation of the incorporation of the Association, the assets of the Association shall be disposed of in accordance with the provisions of the Act.
32. CUSTODY OF RECORDS
Except as otherwise provided in these Rules, the secretary shall keep in his custody or under his control all books, documents and securities of the Association.
The funds of the Association shall be derived from annual subscriptions, donations and such other sources as the Committee determines.