AUSTRALIAN CARTRIDGE COLLECTORS ASSOCIATION INC. CONSTITUTION UPDATED 2003 CONTENTS
Procedure; qualifications; rejection; honorary membership; non-transferability of rights; etc.
Contents; availability to members; retention of records
Definitions; timing; requisition by members; convening; business
Chairman; adjournment; voting; proxies; poll; entitlement to vote
Responsibilities; composition; combination of offices; casual vacancies; some term limits; Special Projects Officers; no personal advantage
Procedure; pro-tem appointments; voting; ballots; vacancies
15. NATIONAL PRESIDENT
16. NATIONAL VICE-PRESIDENT
17. NATIONAL SECRETARY
18. NATIONAL TREASURER
19. NATIONAL PUBLICATIONS EDITOR
20. NATIONAL MEMBERSHIP SECRETARY
21. NATIONAL LEGISLATION OFFICER
22. ANNUAL REPORTS AND RETURNS
All National Committee officers and branches; Public Officer's responsibilities
Membership; must vet all membership applications
24. DISPOSAL OF COLLECTIONS
25. AVAILABILITY AND TRANSFERRAL OF ASSOCIATION MATERIAL Availability to members; passing to new office-holders
26. STATE OR REGIONAL BRANCHES AND COMMITTEES
Establishment and operation; availability of National funds; committees; ex-officio membership of National Committee; reporting to National Committee; quorum; no personal advantage
Responsibilities; reporting; National/Branch liaison; pre-emptive action
28. PUBLIC OFFICER
Not necessarily member of National Committee
29. RESIGNATION OR LAPSE OF MEMBERSHIP
30. DISCIPLINE OR EXPULSION OF MEMBERS – INITIAL PROCEDURE
31. DISCIPLINE OR EXPULSION OF MEMBERS – CONFIRMATION AND APPEAL
Summary; detailed procedure
Theft; misrepresentation; loss of eligibility; marking of handloads; refund or reversal of trade
Committee vote of no confidence; general meeting vote; right of member to put his case
(As per the Act); resolution by discussion if possible; alternately, formal mediation
Source of funds; authorisation of cheques
37. ALTERATIONS TO CONSTITUTION AND STATEMENT OF PURPOSES
38. NOTICES AND OTHER CORRESPONDENCE
Written notification of meetings; method of distribution; members' business; publication of agendas of National and Branch meetings
1. The name of the Incorporated Association is:
2. In this constitution, unless the contrary intention appears:
"National Committee" means the National Committee of Management of the Association.
"Financial Year" means the year ending 30th June.
"Annual General Meeting" means a meeting of members convened in accordance with Clause 7.
"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 in accordance with Sub-clause 12 (iii).
"The Act" means the Associations Incorporation Act (Victoria) 1981.
"The Regulations" means regulations under the Act.
"He", "him" or "his" should be taken to include "she", "her" or "hers" respectively.
"General meeting" includes both annual general meeting and special general meeting.
STATEMENT OF PURPOSES OF THE ASSOCIATION
3. The purposes of the Association are:
(i) to foster and promote the study and collecting of cartridges of all types, with the emphasis on those having Australian origins or connections.
(ii) to foster and promote the preservation of information and documentation on, and research into, cartridges as specified in (i) above.
(iii) to promote the establishment and growth of State or Regional Branches as appropriate.
(iv) to facilitate communication on all aspects of cartridge collecting and research between interested and potentially interested persons and organisations.
(v) to represent members and cartridge collecting and research activities to related organisations, the public, the Press and Government.
(vi) through its members, to promote and insist upon a high standard of accuracy in the identification and history of cartridges, and honesty in the sale or exchange thereof.
(vii) to foster good citizenship amongst its members, and not knowingly accept for membership any person having any criminal conviction which would disqualify that person from legal firearm ownership in the State, Territory or Country of residence.
MEMBERSHIP OF THE ASSOCIATION
4. (i) A person who applies and is approved for membership in accordance with this Constitution is eligible to be a member on payment of the appropriate annual subscription at Clause 5.
(ii) Application for membership of the Association shall be made in writing to the National Membership Secretary of the Association in the form set out in Appendix 1 (as amended from time to time), accompanied by the annual subscription at Clause 5.
(iii) A person shall not be admitted as a member: (a) if the person has been convicted of any offence which disqualifies him from legal firearm ownership in the State, Territory or Country of residence; (b) if the person has reasonably been refused membership or reasonably disbarred from membership by any like organisation.
(iv) As soon as practicable after the receipt of an application, the National Membership Secretary shall refer the application to the National Membership Sub-committee who shall, as soon as practicable, determine whether to approve or reject the application (see also Clause 23).
(v) If the National Membership Sub-committee approves a membership application, the National Membership Secretary shall, within 14 days, notify the applicant, normally by forwarding an Association membership card. Concurrently, the applicant's name will be entered in the register of members, whereupon the applicant becomes a member of the Association.
(vi) If an application is rejected as per Clause 23 (ii), the applicant must be notified in writing as soon as practicable, and the subscription returned. (vii) A person may be nominated as an honorary member for a specified period by any two members and elected by a two-thirds majority at an annual general meeting.
(viii) A right, privilege or obligation of a person by reason of membership of the Association is not capable of being transferred or transmitted to another person, and terminates upon the cessation of membership whether by death or resignation or otherwise.
5. (i) The annual subscription is payable in advance on or before 1st January each year. (ii) There is no entrance fee. (iii) (a) The annual subscription "basic fee" for adult members resident in Australia shall be determined from time to time by the committee and approved by majority vote at an Annual General Meeting. (b) Other fees will relate to the "basic fee" as follows: Junior (under 18 years) (Australia) - one half of "basic fee" Aged Pensioner - three quarters of "basic fee" Family Member (no Journal) - one third of "basic Life Member (Australia) - a once only payment of a multiple of the "basic fee" as set by an annual general meeting Overseas Member (all categories) - relevant Australian fee plus 50% unless a different factor is agreed upon at an annual general meeting.
REGISTER OF MEMBERS
6. (i) The National Membership Secretary shall keep and maintain a register of members into which shall be entered the full name, address and date of joining and, when applicable, the date of ceasing membership and, briefly, the reason why. The register shall be available for inspection by members and other authorised persons, at the address of the National Membership Secretary. (ii) These entries must be permanently retained in the register in connection with possible police or other official enquiries under Division 7 of the Victorian Firearms Act 1966 or similar legislation in other jurisdictions.
ANNUAL GENERAL MEETING
7. (i) (a) The National Committee may determine the date, time and place of the Annual General Meeting (AGM).
(b) Such AGM shall be within 5 months of the end of the financial year of the Association.
(c) The AGM must be specified as such in the notice convening it.
(ii) The ordinary business of the AGM shall be:
(a) to confirm the minutes of the last AGM, and of the last Special General Meeting;
(b) to receive from the national committee and branch committees, reports upon the activities and transactions of the Association during the last financial year;
(c) to receive and consider the financial statement to be submitted by the Association in accordance with Section 30 (3) and (3A) of the Act;
(d) if required, to receive and consider the national committee's recommendation for the amount of the "basic fee" for the forthcoming year;
(e) to elect officers of the Association and ordinary members of the national committee for the year concerned, and honorary members if applicable;
(f) any general business not deemed to be special business under this constitution.
(iii) The AGM may also transact special business of which notice has been given in accordance with this Constitution (see Clause 38).
SPECIAL GENERAL MEETINGS
8. (i) All national general meetings, other than the AGM, are Special General Meetings (SGM).
(ii) In addition to the AGM as set out in Clause 7, the national committee must convene one or more SGMs per year at locations most appropriate to the membership as a whole.
(iii) Not more than 15 months must elapse between an AGM and any other national meeting.
(vi) The national committee must also, on the requisition in writing of members representing not less than five percent of Australian members, convene an SGM.
(v) The requisition for an SGM must state the objects of the meeting, be signed by the members making the requisition and be sent to the address of the National Secretary. It may consist of several documents in like form, each signed by one or more of the members making the requisition.
(vi) If the National Committee does not convene an SGM to be held within one month after the date on which the requisition is sent to the address of the National Secretary, the members making the requisition, or any of them, may convene an SGM to be held not later than three months after that date.
(vii) An SGM convened by members in pursuance of these rules shall be convened in the same manner and as nearly as possible as that in which other meetings are convened by the national committee. All reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring the expenses.
(viii) A member desiring to bring any special business before any meeting shall give notice of that business in writing to the National Secretary not less than 14 days before the date of such meeting, and the National Secretary must include that business in the notice or agenda for the meeting.
(ix) Ordinary business may also be raised, discussed and decided upon during the course of any meeting. When, at an SGM, such business is considered by those attending to be controversial or crucial to the activities of the Association, its determination must be postponed to the next AGM, as special business.
SPECIAL BUSINESS AND QUORUMS
9. (i) All business that is conducted at any general meeting, except that specially referred to in these rules as being ordinary business, shall be deemed to be special business.
(ii) 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.
(iii) Five members present (being members entitled under these rules to vote at a general meeting) constitute a quorum for the conduct of the business of a general meeting.
(iv) 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 adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place. 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 4) shall be a quorum. If less than 4 members are present, the meeting shall be dissolved.
PROCEEDINGS AT GENERAL MEETINGS
10. (i) The National President, or in his absence the National Vice-President, or in the absence of both the National Secretary, shall preside as Chairman at each meeting of the Association.
(ii) The Chairman of a 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.
(iii) Where a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given as in accordance with Clause 38.
(iv) (a) A question arising at a general meeting will be determined on a show of hands, unless a poll is demanded as per Sub-clause (viii).
(b) In either case the chairman will declare that the resolution has been:
(I) carried; or
(II) carried unanimously; or
(III) carried by a particular majority; or
(IV) lost; and an entry to that effect in the minutes is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
(v) Upon any question arising at any meeting of the Association, a member has one vote only.
(vi) All votes shall be given personally or by written proxy.
(vii) 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.
(viii) If at a meeting a poll on any question is demanded by not less than three members, it must 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.
(ix) 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.
(x) A member is not entitled to vote at any general or branch meeting unless all monies due and payable by him to the association have been paid.
(xi) A member shall be entitled to appoint another member as proxy by written notice reaching the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed. The notice appointing the proxy must be:
(a) for a meeting convened under Sub-clause 31 (v), in the form set out at Appendix 2; or
11. (i) Under the Act, a Special Resolution of the Association is only required to approve any of the following:
(a) an alteration of the Statement of Purposes;
(b) an alteration of the Rules (i.e. this Constitution);
(c) a change of name;
(d) amalgamation with another association;
(e) winding up.
(ii) A general meeting at which a special resolution is proposed must be notified to members at least 21 days before its scheduled date, and the resolution must be passed by a three-quarters majority.
NATIONAL COMMITTEE OF MANAGEMENT
12. (i) The affairs of the Association shall be managed by the National Committee of Management.
(ii) The Committee:
(a) shall control and manage the business and affairs of the association;
(b) may, subject to this Constitution, the Act and the Regulations, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by this Constitution to be exercised by general meetings of the members of the Association; and
(c) subject to this Constitution, the Act and the Regulations, 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.
(iii) (a) The National Committee shall include:- a President a Vice-President a Treasurer a Secretary a Membership Secretary a Publications Editor a Legislation Officer ex-officio members from branches as in Sub-clause 26 (viii) ordinary members as required (Appointments from President to Legislation Officer inclusive are Officers of the Association.)
(b) Any two offices may be combined with the approval of an AGM, with the exception of the combination of President and Vice-President, or President and Secretary.
(c) Each officer and ordinary member of the committee shall, subject to this Constitution, hold office until the AGM next after the date of his election and is eligible for re-election.
(d) In the event of a casual vacancy in any office referred to in Sub-clause (iii) (a) the committee may appoint one of its members to the vacant office and the member so appointed shall, subject to this Constitution, continue in office up to the election at the AGM next following the date of his appointment.
(e) The committee shall consist of at least six persons, excluding ex-officio members.
(f) Officers and ordinary members shall be elected at the AGM of the Association in each year.
(g) 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 this Constitution, until the election at the AGM next following the date of his appointment.
(h) The committee may, from time to time, appoint Special Project Officers to oversee particular tasks or activities on behalf of the Association. Committee members or the general membership may be appointed, but the appointment does not, of itself, confer committee membership.
(i) Members of the National or Branch committees must not use their committee status for personal collecting or other advantage, for financial gain or in any other way contrary to Sections 29 A, B or C of the Act.
ELECTION OF NATIONAL COMMITTEE
13. (i) Nominations of candidates for election to the National Committee shall either:
(a) be made in writing, signed by two financial members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination), and shall be delivered to the Secretary not less than 7 days before the date fixed for the holding of the AGM; or
(b) be proposed and seconded by financial members at the meetings and consented to by the candidate at the meeting, or in writing.
(ii) If no nomination is received for any office, the Chairman of the meeting, in consultation with the outgoing President (or, in his absence, the outgoing Vice-President) shall appoint a member, with that member's consent, to that office pro tem. A further election for that office will then be held at the next scheduled SGM or at a meeting convened for that purpose. Nomination rules in these cases shall remain as in Sub-clauses (12) (iii) (a), (b) and (h).
(iii) If only one nomination is received for any office, the person nominated shall be declared elected.
(iv) If two or more nominations are received for any office, a ballot shall be held.
(v) Nomination formalities at the meeting and the ballot for the election of officers and ordinary members of the committee shall be conducted in such usual and proper manner as the committee may direct.
(vi) A member may be nominated for more than one office but, with the exception of the cases described in Clause 12 (iii) (b) must accept the first to which he is elected, whereupon his other nomination(s) shall lapse.
(vii) 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; or
(b) becomes insolvent under administration within the meaning of the Corporations Law; or
PROCEEDINGS AT NATIONAL COMMITTEE MEETINGS
14. (i) National Committee meetings will be held in conjunction with the AGM and SGMs, prior to the formal proceedings at these meetings.
(ii) In addition, National Committee meetings will be held at other times as necessary, or if convened by members under Sub-clause (iii). Such additional meetings may be conducted electronically if necessary, in which case all procedural rules under this Clause will apply as far as is practical in the circumstances.
(iii) Special meetings of the committee may be convened by the President or by four members of the committee.
(iv) Written notice shall be given to members of the committee of any committee meeting, specifying the nature of the business expected to be transacted, at least two business days before the date of the meeting.
(v) Four members of the committee – one of whom must be the President, Vice-President or Secretary constitute quorum for the transaction of the business of a meeting of the committee.
(vi) No meeting may be conducted unless a quorum is present and, if within half an hour of the time appointed for the meeting a quorum is not present: (a) in the case of a special meeting as at Sub-clause (iii), the meeting lapses;
(b) in any other case, the meeting shall stand adjourned to another date within 14 days of the original meeting.
(vii) At meetings of the committee, the President (or in his absence the Vice-President or in their absence the Secretary) shall preside.
(viii) 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 a manner as the person presiding at the meeting may determine.
(ix) 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; in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
15. The National President of the Association shall:
(i) act as Chairman for all committee and other meetings of the Association at which he is present;
(ii) direct the activities of the committee and members so as to fulfil the purposes of the Association;
16. The National Vice-President of the Association shall:
(i) support the National President in his duties as necessary and act for the National President in his absence.
(ii) normally, for reasons of continuity of Association policy, be the immediate or other past National President or, if appropriate, the member popularly anticipated to be elected as the next National President.
17. The National Secretary of the Association shall:
(i) issue appropriate notices for all committee and general meetings.
(ii) keep minutes of the resolutions and proceedings of all committee and general meetings and a record of attendance at all meetings.
(iii) attend to correspondence and general enquiries.
(iv) in conjunction with the National Membership Secretary, maintain accurate membership records.
(v) with the National Treasurer, ensure that the annual returns and reports as may be required under the Act or the Constitution are attended to.
(vi) act for the National President in the absence of the National President and National Vice-President.
(vii) maintain liaison with like organizations and branches of the Association.
18. The National Treasurer shall:
(i) receive all monies due to the Association and make all payments authorised by the committee or by members at any meeting.
(ii) recommend investment locations for the Association's liquid funds from time to time and as required by the committee at meetings.
(iii) keep proper books of account of all monies received and disbursed by the Association.
(iv) cause all monies of the Association, apart from a small amount held as petty cash, to be deposited into an account or accounts held in banks or other financial institutions as chosen by the committee from time to time. Such monies must be deposited to the Association's credit not less than 30 days after receipt by him.
(v) present an audited financial statement as set out at Section 30 (3) and 3A (a) of the Act at the AGM or at any other general meeting if required by the convenors.
(vi) present in outline a financial statement at other meetings as required by the committee. (vii) assist the National Secretary, as appropriate, with annual returns.
NATIONAL PUBLICATIONS EDITOR
19. The National Publications Editor shall:
(i) be responsible, under the general direction of the National committee and in accordance with the Statement of Purposes of the Association, for the content, standard and production at least four times per calendar year of the ACCA Journal.
NATIONAL MEMBERSHIP SECRETARY
20. The National Membership Secretary shall:
(i) be responsible for the receipt and processing of new membership applications and, in conjunction with the National Secretary and the National Membership Sub-committee, for general matters relating to new membership and the maintenance of membership records.
NATIONAL LEGISLATION OFFICER
ANNUAL REPORTS AND RETURNS
22. (i) All national committee officers at Clauses 15 to 21, and a representative of each branch, must report in writing to the AGM on their areas of responsibility and activities during the year.
(ii) The Public Officer must, within one month of the holding of the AGM, lodge with Registrar of the Office of Incorporations, Victoria, the prescribed statement of the holding of the AGM including the financial report detailed at Sub-section 30 (3) of the Act (Form 9).
(iii) The Public Officer must notify the Registrar:
(a) within 28 days, of a Special Resolution altering this Constitution.
NATIONAL MEMBERSHIP SUB-COMMITTEE
23. (i) This is a permanent sub-committee and shall consist of: (a) the National President; (b) the Branch Secretary as appropriate, or if there is no relevant State or Regional branch, the National Secretary; and (c) the National Membership Secretary (or, if this office is combined with one of the above two offices, another member of the Association appointed by the committee). (ii) All membership applications, if correctly submitted, must be considered by the sub-committee. If acceptance of the application is considered contrary to the Association's best interests in regard to areas covered under the Statement of Purposes or Clauses 4, 30, 31 or 32, or anything else, the application shall be rejected. (iii) If warranted, the sub-committee may refer a membership application to the full committee for decision. (iv) Any two members of the National Membership Sub-committee shall constitute a quorum of that sub-committee.
DISPOSAL OF COLLECTIONS
24. In the event of the death of a member who has not made provision for the orderly disposal of his collection, if requested by the beneficiaries of the estate the committee may appoint a sub-committee to organise sale of the collection for the benefit of the estate.
AVAILABILITY AND TRANSFERRAL OF ASSOCIATION MATERIAL
25. (i) All Association records, account books, securities and other relevant documents, held by or for the Association or any committee member or the Public Officer, must be available to any member for inspection free of charge and may be copied at the member's expense.
(ii) Whenever the holder of any committee office changes (including office held on an ex-officio, ordinary or special projects basis), all Association papers at Sub-clause (i), funds, equipment or material held under that office must be passed on, within 14 days, to the new holder of the office.
STATE OR REGIONAL BRANCHES AND COMMITTEES
26. (i) In accordance with the Statement of Purposes the national committee may approve the establishment within specified geographic areas of Australia of State or Regional branches of the Association in order to efficiently pursue the Association's aims.
(ii) These branches will establish branch committees and will be administered by the national committee and their own branch committee officers in accordance with the Association's aims.
(iii) Upon the national committee deeming that the branch should be organised, or agreeing with a recommendation from a local member to that effect, the national committee shall appoint a local member as Acting Secretary. This person will be responsible for the initial progress of the branch and for the organisation of the first election of branch officers.
(iv) The branch committees shall, within reason, have some portions of their operating expenses reimbursed as recommended by their Secretary and approved by the national committee from time to time.
(v) The branch committees shall be staffed by members elected by members of the Association who are also members of the branch, by ballot in general accordance with the procedures of Clause 13 of this Constitution.
(vi) The minimum number of officers elected to a branch committee shall be: (a) a Secretary who will be responsible to the national committee for the branch's growth and its financial and administrative relationship with the Association; and (b) at least two other branch committee members. One committee member of one branch within a state should be the State Legislation Officer as agreed between branches in that state or as appointed by the National Committee.
(vii) The branch committee will administer the needs of local members, especially the organisation of regular meetings within the state or region and growth of the branch. Titles of officers shall be chosen by branch members and should approximate those of the national committee. The duties of these officers relating to the branch shall be generally as specified for the same office in the national committee.
(viii) The President (if any) or Secretary of each branch shall be an ex-officio member of the National Committee.
(ix) The President (if any) or Secretary of each branch shall, within 30 days after any meeting of the branch, submit a report to the National Secretary. This report shall, as a minimum, include a list of the number of members present and business discussed.
(x) Five members present at a branch meeting (being members entitled under these rules to vote at a general or branch meeting) constitute a quorum for the transaction of the business of a formal meeting.
(xi) Three members of a branch committee, one person of whom must be the President or Secretary of that committee, constitute a quorum for the transaction of the business of that committee.
NATIONAL AND STATE LEGISLATION OFFICERS
27. (i) The responsibility of legislation officers is to closely monitor proposed change in Firearm and other relevant Acts of their state. Where necessary they will, under the direction of the national committee, prepare submissions to their state authorities in order to protect the interests of ACCA members in their state. They will report regularly to the members of their state of residence as appropriate in relation to possible or actual legislative events and, at least once per year, to the National Legislation Officer. These reports are to be in the hands of the National Legislation Officer 14 days before each AGM. (ii) The National Legislation Officer will assume the duties of State Legislation Officer for his state of residence, as well as monitoring, and acting in relation to, any federal legislation which could affect cartridge collectors. He will report as necessary to the national committee and submit a report to the AGM each year. (iii) State Legislation Officers, in consultation with the National Legislation Officer, must make timely recommendations to the national committee so that the committee may take effective active in relation to any planned state or federal legislation which may not be in the best interest of cartridge collectors in general.
28. In accordance with the provisions of the Act, the national committee shall appoint a Public Officer whose duties will be as required by the Act and the committee. Unless he also holds an office listed at Sub-clause 12 (iii) (a), the Public Officer is not a member of the national committee.
RESIGNATION OR LAPSE OF MEMBERSHIP
29. (i) A member of the association who has paid all monies due and payable by him to the Association may resign from the Association by giving to the National Membership Secretary one month's notice in writing of his intention to resign. Upon the expiration of that period of notice, he shall cease to be a member.
(ii) (a) a member who fails to renew his membership by the due date shall be given a written reminder not less than one month after the due date. If he does not renew his subscription within one month of the date of transmission of the reminder, he shall be considered to have resigned from the Association; however
(b) should the national committee consider that there are mitigating circumstances in a particular case they may, upon resolution, give a member a further period in which to pay.
(iii) Upon the expiration of a given notice under Sub-clause (i) or of the extensions specified in Sub-clauses (ii) (a) or (b), the National Secretary shall make in the register of members an entry recording the date on which the member involved ceased to become a member and, briefly, the reason why.
DISCIPLINE AND EXPULSION OF MEMBERS - INITIAL PROCEDURE
30. Subject to this Constitution, if the national committee is of the opinion that a member has neglected or refused to comply with this Constitution, or has been guilty of conduct prejudicial to the interests or Purposes of the Association:
(i) The committee may discuss the matter informally with the member, and resolve it by any measures mutually agreed between them. If appropriate, the parties may choose to adopt the Disputes and Mediation procedures under Clause 34.
(ii) If such agreement cannot be reached, or if the committee did not decide to adopt the procedure at Sub-clause (i), the committee may decide by resolution:
(d) to refuse renewal of membership of the member.
DISCIPLINE OR EXPULSION OF MEMBERS – CONFIRMATION AND APPEAL
(i) A resolution of the national committee under Sub-clause 30 (ii) does not take effect unless:
(a) the committee confirms the resolution at Sub-clause 30 (ii) at a meeting at which the member or his representative may be heard, or to which the member may submit a request for revocation of the resolution; and
(b) if the member exercises a right of appeal after this confirmation, the Association confirms the resolution at a SGM convened for that purpose, at which the member or his representative may be heard.
(ii) Where the committee passes a resolution under Sub-clause 30 (ii), the National Secretary shall, as soon as practicable, send to the member a written notice:
(a) setting out the resolution of the committee and its grounds;
(b) stating that the member or his representative may address the committee at another committee meeting (to be held between 14 and 28 days after the sending of the notice);
(c) stating the date, place and time of that meeting;
(d) informing the member that he may do one or more of the following:
(I) attend that meeting;
(II) give to the committee before the date of the meeting a written statement seeking the revocation of the resolution; and if at that meeting the committee confirms the resolution,
(III) not later than 48 hours after the meeting, give the Secretary a notice to the effect that he wishes to appeal to the Association in general meeting against the resolution.
(iii) At a meeting of the committee to confirm or revoke the resolution passed under Clause 30, the committee must:
(a) give to the member or his representative an opportunity to be heard;
(b) give due consideration to any written statement submitted by the member or referee; and
(c) by further resolution determine whether to confirm or revoke the original resolution.
(iv) If the Secretary receives a notice under Sub-clause (ii) (d) (III), the committee must convene a SGM of the Association to be held within 21 days after the date on which the Secretary received the notice.
(v) At a SGM of the Association convened under Sub-clause (iv):
(a) no business other than the question of the appeal shall be conducted;
(b) the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution;
(c) the member or his representative must be given the opportunity to be heard; and
(d) the members present must vote in secret ballot on the question whether the resolution should be confirmed or revoked.
(vi) At this SGM of the Association: if not less than
(a) two-thirds of the total of members voting in person or by proxy are in favour of the resolution, the resolution is confirmed; and
(b) in any other case, the resolution is revoked.
(vii) If a member ceases membership as a result of actions covered in Clauses 30 or 31, the National Membership Secretary shall make in the register of members an entry recording the date on which the member ceased to be a member and, briefly, the reason why.
CARTRIDGE COLLECTING ETHICS
32. (i) In accordance with the Purposes of the Association, conduct leading to action by the national committee under Clause 30 would include:
(a) theft of items from another member, collector or dealer;
(b) intentionally misrepresenting cartridges or related items for sale or trade;
(c) intentionally misrepresenting non-factory loaded cartridges for sale or trade as factory loaded. A non-factory load is defined as a cartridge which was not brought to its current state by a recognised ammunition factory;
(d) a member being disqualified from holding a shooters or firearm licence for any reasonable reason in the member's state, territory or country of residence.
(ii) Except for obvious handloads, wildcats or individual projects, any cartridge known to be a non-factory load should be permanently marked "HANDLOAD" or "RELOAD" (or "H/L" or "R/L", if space is limited). To protect historical records, subsequent buyers and traders, such markings must be carried out before being offered for sale or trade even if the recipient is informed of the status of the cartridge.
(iii) If a wrongly identified cartridge is sold or traded (and genuine errors can be made, even by experts), or there is reasonable uncertainty about identification, members must be prepared to refund the sale money or appropriately reverse the trade.
REMOVAL OF MEMBERS OF COMMITTEE
33. (i) If a vote of no confidence in a member of the National or a Branch committee is passed at a properly convened meeting of the committee concerned, he must immediately vacate his position on the committee. If he was a committee officer, he reverts to ordinary member but, if he was an ordinary member, he must resign from the committee.
(ii) The Association in general meeting may by resolution remove any member of the national committee before the expiration of his term of office and appoint another member in his stead to hold office until the expiration of the term for the first mentioned member.
(iii) Where the member to whom a proposed resolution of removal referred to in Sub-clause (ii) was directed makes representations in writing to the Secretary or President of the Association and requests that they be notified to the members of the Association, the Secretary or the President may send a copy of the representations to each member of the Association or, if they are not sent, the member may require that they be read out at a general meeting.
DISPUTES AND MEDIATION
34. (i) The grievance procedures set out in this Clause applies to disputes under the Constitution between: (a) a member and another member; or (b) a member and the Association
(ii) The parties to the dispute must meet and discuss the matter in dispute and, if possible, resolve the dispute within 14 days after it comes to the attention of all of the parties.
(iii) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
(iv) The mediator must be:
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement:
(I) in the case of a dispute between a member and another member, a person appointed by the committee of the Association; or
(II) in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice) or by the equivalent Government authority in other states or territories.
(v) A member of the Association can be a mediator.
(vi) The mediator cannot be a member who is a party to the dispute.
(vii) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(viii) The mediator, in conducting the mediation, must:
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(ix) The mediator must not determine the dispute.
FUNDS AND TRANSACTIONS
35. (i) The Association is a non-profit organisation and its funds shall be derived from annual subscriptions, donations and such other sources as the national committee determines.
(ii) All cheques and other negotiable instruments must be signed by two members of the national committee, and at least three members of that committee must be authorised as signatories at all times.
36. (i) The common seal of the Association shall be kept in the custody of the National Secretary.
(ii) The common seal shall not be affixed to any instrument except by the authority of the national committee and the affixing of the Common Seal shall be attested by the signatures of two members of the committee or of one member of the committee and of the Public Officer of the Association.
ALTERATION OF CONSTITUTION AND STATEMENT OF PURPOSES
NOTICES AND OTHER CORRESPONDENCE
38. (i) The National Secretary shall, at least 14 days (or at least 21 days if a special resolution has been proposed) before the date of any general meeting (AGM or SGM) send to each member of the Association a notice stating the date, time and place of the meeting, and the agenda of the meeting including resolutions scheduled.
(ii) Such meeting notices, and any other notices or written communications to or from members may be sent:
(a) by hand; or
(b) by prepaid post to the address appearing in the register of members; or
(c) by fax or email if the recipient has requested this.
(iii) A member intending to bring any business before a general meeting may notify the secretary in writing or electronically of that business not less than 14 days before the date of such meeting, whereupon such business must be included in the notice of the next general meeting.
(iv) The National Committee shall publish in the Association Journal details of all national general meetings and branch meetings to be held between the date of its publication and the likely date of publication of the next issue. The National Secretary and Branch Secretaries must send these details to the National Editor not less than one month before the posting date of the relevant Journal, as published in the Journal.
WINDING UP OR CANCELLATION
39. In the event of the winding up or the cancellation of the Incorporation of the Association, the assets shall be disposed of in accordance with the provisions of the Act, but no existing then, past or future member shall receive any financial benefit from the realisation of any of the Association's assets at the time of winding up or the cancellation of the Incorporation of the Association. The funds arising from such realisation shall be dispersed to similar allied organisations which also have provision in their rules or constitution to preclude their members from receiving any financial benefit in the event of their organisation being wound up or upon cancellation of their incorporation. The particular organisations shall be chosen by a panel of five members (including ex-officio members) drawn from the national committees elected over three years preceding the winding up or cancellation of the Association.
CUSTODY OF RECORDS
40. Except as otherwise provided in these rules, the National Secretary shall keep in his custody or under his control all books, documents and securities of the Association.