Constitution

THE ASSOCIATIONS NAME

1. The name of the Social Club shall be the ASC Social Club Incorporated, hereinafter referred to as “the Association”.

OBJECTIVES

2. The objectives of the Association shall be:

a. To promote and offer the members a wide range of social benefits and services such as, but not limited to, various family events, happy hours, annual Christmas family picnic, annual dinner dance and concert and sporting event tickets at reduced prices.

b. To promote the Association as a social and friendly organisation providing value for money to all those eligible for membership, encouraging them to join the Association.

c. To co-operate with any other club, having objectives similar to those of the Association, and formed for the purpose of fostering and promoting activities similar to the Association.

d. To raise, collect, hold and expend monies for the furtherance of any of the Associations objectives.

POWERS

3. The Association shall have all the powers conferred by section 25 of the Associations Incorporation Act 1985 as amended (“The Act”).

MEMBERSHIP

4. All employees of ASC Pty Ltd (ASC) are eligible for membership of the Association. Applications for membership are to be made in writing, signed by the applicant and submitted to the ASC Payroll Section who will then forward them to the Association’s Membership Officer.

5. Personnel not directly employed by ASC may become a Seconded member provided they make application in writing to the Association Membership Officer and their application is approved by the Committee.

6. Persons becoming a “member” of the Association shall be bound by this constitution and be deemed to have had full notice hereof and to have accepted the same and no person shall become a member except on this basis.

7. Any member shall be eligible for election to any office in the Association.

SUBSCRIPTION

8. The subscription fees for ASC employees shall be paid fortnightly and are deducted automatically from members’ salaries by the pay office on receipt of the application form. The amount of the subscription fees shall be determined by the members from time to time in a General Meeting.

9. The subscription fees for Seconded members shall be two (2), six (6) monthly payments. The amount of the subscription fees shall be determined by the members from time to time in a General Meeting. This money is to be paid in advance and receipted by the Association Treasurer. The Membership Officer shall forward notice of payment due to the member.

RESIGNATION

10. A member may resign from membership of the Association by giving written notice thereof to the Association Membership Officer.

a. Any member so resigning shall be liable for any outstanding subscriptions which shall be recovered as a debt due to the Association.

b. A member who resigns from the Association may, at the discretion of the committee, be required to pay a re-joining fee of $50.

EXPULSION OF A MEMBER

11. Subject to giving a member the opportunity to be heard or to make a written submission, the Committee may resolve to expel a member upon a charge of misconduct detrimental to the interest of the Association.

a. Particulars of the charge shall be communicated to the member at least fifteen (15) working days before the meeting of the committee at which the matter will be determined.

b. The determination of the Committee shall be communicated to the member, and in the event of an adverse determination the member shall have his/her membership suspended for a period of twelve (12) calendar months.

COMMITTEE

12. The management of the assets and affairs of the Association shall be under the control of a committee which shall consist of a President, a Vice-President, a Secretary, a Treasurer, and not less than two (2) committee elected delegates thereto as provided in clause 7.

13. The Committee shall have the power to deal with any matter not specifically covered by these rules.

14. The Committee shall be elected once every year by the financial members present at the Annual General Meeting, and they shall take office from the conclusion of the Annual General Meeting at which they are elected and shall hold office until the conclusion of the next following Annual General Meeting.

15. A candidate for election to the Committee shall be proposed and seconded respectively by a financial member. Election shall be by the votes of financial members present at the meeting and in the event of there being more candidates for any office than provided for by this constitution, election for that office shall be by ballot taken there and then among the financial members present. In the event of an equality of votes the chairman of the meeting shall have a second or casting vote.

16. The Committee shall have power to fill up any casual vacancy occurring therein between Annual General Meetings. The member appointed to such vacancy shall hold office only until the conclusion of the next Annual Meeting, but the Committee shall have power to remove them before that time and to appoint another in their position.

17. The Committee shall meet at such times and places as the President shall direct. Questions arising at any such meetings shall be determined by a majority of votes of the members present thereof, and in case of an equality of votes, the President shall have a second or casting vote. The Committee may adjourn from time to time and otherwise regulate the proceedings of their meetings as they think fit. Committee meetings shall be held at least once every month and a meeting shall be held in addition whenever requested by at least seven (7) financial members.

18. The President of the Association, or in his/her absence the Vice-President, shall be Chairman of all meetings of the Committee. In the absence of the both the President and Vice-President, the committee members present shall choose one of the delegates to be Chairman.

19. All acts or decisions done or made by a meeting of the Committee or any member thereof shall, not withstanding that it be afterwards discovered that there was defect in the appointment of such member or all or any members of the Committee, be as valid and effective as they had all been properly appointed, unless it is proved that the appointment was made in fraud or bad faith.

20. The Committee may from time to time appoint one or more sub-committees for the purpose of carrying out or supervising all or any of the objects or activities of the Association. Sub-committees may consist of committee men/women and ordinary members. Sub-Committees shall make reports to the Committee and keep minutes of the proceedings at their meetings.

21. The President shall perform the duties usually incumbent on a Society President, and shall preside at all meetings of the Association.

22. The Vice-President will perform the duties of the President in his absence, in such order as they shall agree.

23. The Secretary shall attend all meetings of the Association and of the Committee and shall have the custody of all books and records on behalf of the Association, except those usually kept by the Treasurer and shall, subject to the directions from time to time of the Committee, carry out all the Secretarial duties of the Association including the summoning of all meetings.

24. The Treasurer shall attend to the payment of all accounts passed for payment by the Committee, the preparation of the annual Statement of receipts and expenditure, assets and liabilities to be laid before the Annual Meeting and shall be responsible for seeing that the Association books are audited each year by the auditor. They shall keep in proper books, to be provided for the purpose, a record of all receipts and expenditure of the Association, and of the assets and liabilities thereof and of the financial members of the Association and shall generally attend to and record the financial affairs of the Association. They shall lay a short summary of amounts received and expended since the preceding meeting before each Committee meeting.

DISQUALIFICATION OF COMMITTEE MEMBERS

25. The office of Committee member shall become vacant if a Committee member is:

a. disqualified by the Act;

b. expelled by these rules;

c. permanently incapacitated by ill health;

d. absent without apology for more than three (3) consecutive meetings, or more than three committee meetings in a financial year;

e. no longer a financial member of the Association.

MEETINGS OF THE ASSOCIATION

26. An Annual General Meeting of the Association shall be held in August, as near as practicable to the middle of the month, at such time and place as the Committee shall determine.

27. Notice of the Annual General Meeting shall be given to every financial member by advertisement on Notice Boards wherever works may be situated, or in such other manner as shall be directed by the Committee. Such notice shall be given at least twenty one (21) days before the time fixed for such a meeting and shall specify the date, time and place of such meeting.

28. A Special General Meeting may be held at any time for any purpose whenever directed by the President or whenever requested in writing by at least seven (7) financial members who shall specify in their request the purpose for which the meeting is requested. A Special General Meeting shall be called by giving twenty one (21) days notice to the members of the Association, and such notice shall specify the date, time and place of such meeting.

29. The accidental omission to give to any member, or the non-receipt by any member of any notice of meeting required to be given by this Constitution, shall not invalidate or effect any proceeding or election at such meetings.

30. No business shall be transacted at any meeting of the Association or of the Committee unless a quorum shall be present thereof. The number of committee members required for a quorum for a Committee meeting shall be one (1) greater than half the number of Committee Members. Twenty-five (25) financial members shall constitute a quorum for a General Meeting.

31. If within half an hour of the time fixed for a meeting a quorum shall not be present, then the meeting shall stand adjourned to such time and place as the Chairman of the meeting shall decide, except that in the case of a Special General Meeting called upon a requisition the meeting shall lapse.

MINUTES

32. Proper minutes of all meetings of the Association and of meetings of the Committee, shall be kept, duly authorised by the Chairperson of the meeting and publicly displayed within fourteen (14) days of the meeting.

FINANCE AND THE FINANCIAL YEAR

33. The financial year of the Association shall commence on the 1st day of July each year, and end on the 30th day of June of the following year.

34. The Association shall open a banking account in the Association’s name with a bank as the Committee shall from time to time determine. All payments from such account shall be made either by cheque signed by any two signatories, or by electronic funds transfer authorized by any two signatories. Signatories of the account shall be the President, Vice-President, Secretary, and Treasurer.

ACCOUNTS

35. The Association shall keep such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Association.

36. A statement of receipts and expenditure for the preceding twelve (12) months and a balance sheet of the assets and liabilities of the Association shall be laid before the Annual General Meeting each year.

37. All offices in the Association shall be held on an honorary basis.

38. No surplus of any kind whatsoever made by the Association and no monies on hand or received by it in excess of expenditure shall at any time be returned or paid by or out of the funds of the Association either directly or indirectly as profits or dividends to the members or any class of the members but all such monies or surplus’ shall be applied for the benefit of the Association and in furtherance of the objects of the Association in such manner as the Committee shall from time to time decide.

BORROWING POWERS

39. The Association shall obtain and use a Credit Card for the purpose of securing bookings and to facilitate payment for events. This is to ensure the best possible seating is obtained for the members of the Association at events throughout the year.

40. The Association may invite and accept money from the ASC in support of the objectives of the Association.

BOOKINGS AND BOOKING FEES

41. The Committee, on behalf of all members, shall organise various functions throughout the year. The majority of functions will require a commitment from the members to ensure the function is to proceed. This commitment will be by payment of a deposit, the amount to be decided by the committee, after due consideration of the overall cost of the function. Once this deposit has been paid by the member, it shall become NON-REFUNDABLE, unless a replacement is found by the member who has withdrawn, or the function is cancelled by the committee.

AMENDMENT OF RULES

42. These rules may be amended by a resolution passed by a two-third (2/3) majority of financial members present and voting thereon at any Annual or Special General Meeting of the Association provided that such notice shall have been given to the members by advertisement appearing no less than ten (10) days before the time fixed for such meetings, on the notice boards of the Company’s premises.

WINDING UP

43. The Association may be wound up in the manner provided for in the Act.

APPLICATION OF SURPLUS ASSETS

44. If after winding up of the Association there remains “surplus assets” as defined in the Act, such surplus assets shall be sold and the monies received as a result of this sale shall be given to a Charity organisation, as determined by the Committee, at the time of notice of dissolution.

SOLICITORS

45. The Solicitors for the Association shall be those acting for ASC Pty Limited, such other solicitors as may hereafter be appointed by the Committee or the members in a General Meeting.

AUDITORS

46. The Association shall appoint an Auditor for the purpose of Auditing the Associations’ records prior to each Annual General Meeting. The Auditor shall be a Certified Accountant.

PUBLIC OFFICER

47. The Association shall appoint a Public Officer at the Annual General Meeting or such other time as the need arises, for the purpose of liasing between the Association and The Department of Business and Corporate Affairs.

48. The Public Officer shall be a financial member of the Association.