Australian Yard Dog Association – Constitution

Constitution of Australian Yard Dog Association

1. Name: The name of this body shall be the “Australian Yard Dog Association” and it shall
be hereafter referred to as the “Association”.

2. Objects :
(a) To promote interest in working yard dogs.
(b) To promote good fellowship amongst those interested in working yard dogs.
(c) To allocate and provide direction for the running of the Australian Championship
each year.
(d) To do such things and acts conducive to the furtherance of the objects of the
association.

3. Membership
(a) The membership shall consist of the State bodies which will pay an annual
subscription
(b) The annual membership fee shall be determined at the Annual general meeting each
year. (That the committee of the Australian Yard Dog association Inc. wishes
that all affiliation fees due, and payable on the 1st January each Year )
(c) A properly constituted Annual General Meeting or Special general meeting may
appoint any person as an honorary member or honorary life member of the
association in recognition of services rendered in promoting the interests and objects
of the association.

4. Subscriptions
(a) The subscription fees for membership shall be such a sum as the members shall
determine at the annual general meeting.
(b) The subscription shall be payable annually on the 1st of January or at such other time
as the committee shall determine from time to time.
(c) Any member whose subscription is outstanding for more than three months after the
due date for payment shall cease to be a member of the association, provided always
that the committee may reinstate the membership on such terms as it thinks fit.

5. Resignations
(a) Any member may resign from the association and such resignation must be in
writing and forwarded to the secretary of the association
(b) Upon any State ceasing to be a member of the association for any reason whatsoever
it shall not be entitled to the return of its membership subscription or any part
thereof.
(c) Any member so resigning shall be liable for any out standing subscriptions which
shall be recovered as a debt owed the association.

6. Expulsion of a Member
(a) The committee may expel from the association or otherwise punish or penalise any
member whose conduct , in the opinion of the committee is discreditable or injurious
to the character and interests of the association
(b) Particulars of the charge shall be communicated to the member at least one calendar
month before the meeting of the committee at which the matter will be determined
(c) Before any member is expelled, or otherwise punished, or penalised, its conduct
shall be enquired into by the committee, and the member shall be given the
opportunity to defend itself, and to justify or explain its conduct. Provided that a
quorum is established, and the majority of the Committee present when the matter is
enquired into, is of the opinion that the member is guilty of such conduct, or action
as aforesaid, then the committee may expel or suspend it from membership, or
otherwise punish or penalize it.
(d) Should any member fail to appear any enquiry conducted under clause (6c) hereof,
or, any such adjournment thereof, the committee may proceed in that member’s
absence to conduct the said enquiry and to make its findings as herein before
empowered.

7. General meetings
(a) The annual general meeting of the members shall be held at the venue of the
Australian Yard Dog Championships in each year, and members shall be given notice
at least one month before such meetings.
(b) The annual report and audited balance sheet or financial statement shall be submitted
to the members at the annual general meeting.
(c) The annual general meeting may make by-laws necessary for proper administration
of the association. Any by- law so made shall not be repealed, added to or amended
unless and until ….
1. Notice of intention to propose such repeal, additions or amendment is first
given in writing by a member of the association to the secretary of the
association not later than 3 months (90) days prior to the date of such
annual general meetings, and include in the agenda for such meetings.
2. Such repeal, additions is proposed at such annual general
meeting and is approved by not less than two thirds of the
members of the association present at such meeting and voting
there-on.
These are to be the state representatives.
(d) The election of officers and committee for the ensuing twelve months shall take
place at the annual general meeting together with any other business mentioned in
the notice paper convening the meeting.
(e) A special meeting of members shall be called at the request of the President or the
secretary or any three members of the committee. Such meeting shall be held within
two months of such request and all members shall be notified in writing not less than
one month before such meeting.
(f) The president of the association shall be the chairman at all general meetings. Should
he/she not be present then a vice president shall be elected to the chair and, if there
be no Vice-President present the members shall elect a member to take the chair.
(g) 1. At all meetings the chairman’s decision on points of order shall be final.
2.The chairman shall have a casting vote in addition to his/her deliberate vote.
(h) The quorum for a general meeting shall be six (6) state reps present.
(i) If at any General meeting there be no quorum within two (2) hours of the time
appointed for the meeting, then the meeting shall lapse, unless a majority of
members present decide to adjourn the meeting for a period not exceeding two
weeks. If there be no quorum within two hours, after the appointed time for such an
adjourned meeting then the meeting shall lapsed altogether.
(j) A vote by proxy will be accepted if it is impossible for a State Representative to
attend.

8 Committee
(a) The business and affairs of the association shall be under the management and
control of a committee, provided however, that except in the case of extreme
urgency the committee shall not take any action to the contrary to decisions made at
a General meeting.
(b) The committee may, subject to the decision made at the General Meetings, exercise
all the powers of the association and do all such acts and things as may be done by
the association or which it considers necessary or expedient to carry out the objects
of the association.
(c) The committee shall consist of:
Representatives appointed by each State. There being two representatives per State.
The President and Vice-President shall be elected by these. Representatives
The Secretary /Treasurer can be a State rep or non- voting person/s
(d) All States represented must be financial members of the association.
(e) Should any vacancy occur, in the committee or office-bearers of the association
other than in the normal course of elections, the committee shall fill such vacancy
from the representatives of the financial members of the association and such
member duly elected shall hold office for the unexpected portion of his/her
predecessor’s term.
(f) The committee shall meet as often as may be required to conduct the business of the
association.
1. The president or the secretary or three members of the committee shall
have the power to call a meeting of the committee.
2. The President of the association shall take the chair at all committee
meetings . Should the President not be present then a Vice president shall
be elected to the chair and it there be no vice president present the
committee shall elect on of its members to take the chair.
(g) The Chairman at all committee meetings shall have a casting vote in addition to a
deliberate vote.
(h) 1. All notices of committee meetings shall be in writing and posted to members of
the committee at least one month before the date of such meeting.
2. The accidental omission to give to any member, or the non-receipt by any member of any notice
required by this constitution shall not invalidate or affect any proceedings of such a meeting.
(i) The committee shall have the power to delegate any of its power to a sub-committee
to deal with any particular matter or matters and upon such terms as the committee
may think fit. The President and the Secretary shall be ex-officio members of all
sub- committees,
(j) All acts or decisions done or made by any meeting of the committee or any member
thereof shall, not- withstanding that it be afterwards discovered that there was some
defect in the appointment of such member or any members of the committee, be as
valid and effective as if they had all been properly appointed, unless it is proved that
the appointment was made in fraud or bad faith.
(k) The quorum for committee meetings shall be 6 reps. Present in person.

9 Election of Committee
(a) The first committee of the association shall comprise reps from each state. There
being 2 representatives from each state. The first committee shall hold office until
the first A.G.M. after incorporation. Current or new reps may be appointed to the
committee by each State at a meeting of that State’s Yard Dog Organization and
commence their representation of the State at the next A G M of the Australian yard
dog association. Committee shall retire and be eligible for re appointment.
(b) Nomination for each candidate for election as officer-bearer shall be proposed and
seconded respectively by two members at the A.G.M. Contested offices shall be
subject to ballot at the A.G.M. of the members present and voting thereon.
(c) No ballot shall be required when the number of candidates nominated for each
office does not exceed the number of vacancies and they shall be declared duly
elected.

10. Disqualification of committee members
(a) The office of a committee member shall vacant if a committee member is
1. Disqualified by the Act.
2. Expelled by these rules.
3. Permanently incapacitated by ill-health.
4. Absent without apology for more than three consecutive committee
meetings in a financial year.
5. No Longer the duly appointed representative of a State.

11. Duties
(a) The Secretary shall carry his/her duties under the direction of the committee and
keep a true record of all minutes of all meetings, attend to correspondence , issue
notices for meetings, keep records and carry out all duties as the committees may
from time to time direct
(b) The treasurer shall receive all monies payable to the association and give receipts for
same. All monies so received shall be paid into the banking account of the
association. The Treasurer shall present, at each General meeting, a balance of the
finances of the association and shall keep proper books of account of all monies
received and disbursed and generally perform all such duties as are directed by the
committee from time to time.

12. Finance
(a) The financial year shall be from the 1st January to the 31st December.
(b) All monies of the association shall be paid into the account of the
association at such bank as the committee may from time to time
direct.
(c) No monies shall be drawn from the association’s account save by
cheque signed by the bank signatories authorised by the committee. No
cheque shall be signed or money withdrawn unless such withdrawal
has been approved by the committee or in the case of urgency, by the
President and Secretary
(d) The books and accounts of the association shall be audited annually by an
Auditor appointed by the annual general meeting.

13 Minutes
(a) Proper minutes of all proceedings of meetings of the association and
of meetings of the committee shall be entered within one month after
the relevant meeting in minute books keep for that purpose.
(b) The minutes kept pursuant to this rule shall be signed by the chair
person of the meeting at which the proceedings took place or by the
chair person of the next succeeding meeting.
(c) Where minutes are entered and signed they shall, until that is contrary
proved, be evidence that the meeting was convened and duly held, and
that all proceedings held at the meeting, and that all appointments made
at the meeting be deemed to be valid.

14 Trustees
(a) Unless otherwise determined, the members of the committee of the
association, for the time being, shall be deemed to be the Trustees of
the association, to hold any property, real and personal belonging to the
association.

15 The Seal
(a) The association shall have a common seal upon which its corporate
name shall appear in legible characters.
(b) The seal shall not be used without the expressed authorization of the
committee, and each and every use of the seal shall be recorded in the
minute books of the association.
The affixing of the seal shall be witnessed by the President and the
Secretary, or other committee person.
(c ) The seal shall be kept in the custody of the secretary or such other
person as the committee may from time to time decide.

16 Amendments to the Constitution
(a) This shall be the only constitution of the Australian Yard Dog
Association and shall come into force forthwith and shall not be altered,
verified, added to or repealed unless two thirds of the State reps present at
an annual general meeting are in favour of such alteration, variation,
addition, or repeal.
(b) The Property, assets and income of the association, wherever derived ,
shall be applied towards the promotion of the objects of the association,
and no portion thereof shall be paid or transferred either directly or
indirectly by way of dividend, bonus, or otherwise by way of profit to
members generally of the association.
(c) Provided that nothing herein contained shall prevent the payment in
good faith of remuneration to any officers or servants as or the
association or any member, in return for services actually, rendered,
nor prevent the payment of interest on money borrowed from any
member of the association.
(d) Should the association, for any reason whatsoever cease to function, any
member or person holding any association’s monies or property shall
forthwith pay the same to the committee.

17 Winding up (Surplus assets)
Funds to be distributed equally between the affiliated financial State
Members