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CONSTITUTION OF
THE AUSTRALIAN CAPITAL
TERRITORY ICE SKATING ASSOCIATION INCORPORATED
INCORPORATED UNDER
THE ACT ASSOCIATIONS
INCORPORATION ACT 1991
Date of Incorporation: July
1983
Registered Number: A01006
CONSTITUTION OF THE ACT ICE SKATING
ASSOCIATION INCORPORATED
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1.1
The name of the Association is “the ACT Ice
Skating Association Incorporated”, in this Constitution
called “the Association”.
2.1
The objects of the Association are:
2.1.1 To promote,
guide and further figure skating on ice in all its branches;
2.1.2
To establish, maintain and improve standards of figure
skating;
2.1.3
To conduct championships, tests of proficiency and competitions
in figure skating;
2.1.4 To provide
and supervise uniform regulations for tests and competitions; and
2.1.5
To promote and foster the objects of the Ice Skating Australia
Inc to the end that there shall
be uniform regulations for figure skating throughout the Commonwealth
of Australia.
3.1
The affairs of the Association shall be controlled by the
Council elected as provided in this Constitution.
3.2
The Council shall have power subject to this Constitution
to raise and apply the funds and property of the Association in
whatever manner the Council considers proper in implementing the
objects of the Association.
3.3
The provisions of this Constitution conferring specific
powers on the Council shall be read as additional to and not in
any way limiting the general power to implement the objects of
the Association.
4.1
Membership of the Association shall be open to persons
admitted to membership as hereinafter provided.
4.2
Members shall belong to one of the following four (4) classes
of financial memberships:
4.2.1
Senior (18 years
of age and above);
4.2.2
Junior (below 18 years of age);
4.2.3
Associate (non skating);
and
4.2.4
Honorary Life Members.
4.3
Members’ Liabilities
4.3.1
The liability of a member to contribute towards the payment
of debts and liabilities of the Association or the costs, charges
and expenses of the winding up on the Association is limited to
the amount, if any, unpaid by the member in respect of membership
of the Association as required by Clause 4.4.
4.4
Any person desiring to become a member shall make application
to do so in writing to the Council.
4.4.1
Such application for membership shall be accompanied by
the subscription and this shall be deemed to be acceptance of
this Constitution and submission to the By-Laws of the Association.
4.4.2
The Council shall decide upon application for membership
within thirty (30) days of receipt of the application by the Council
or its representative. Any
application which has not been refused by the Council within thirty
(30) days after its receipt shall be deemed to have been accepted.
4.4.3
The decision of the Council on any application for membership
shall be final.
4.4.4
Once elected, a person shall remain a member until resignation,
expulsion or ceasing to be a member as provided in this Constitution.
4.4.5
A member may resign his/her membership at any time.
4.4.6
A list of members of the Association shall be kept and
shall be available for inspection by any member to determine whether
or not a particular person is a member of the Association.
4.4.7
The list of members shall be closed at the date of closing
of the books of the Association and shall not be reopened until
after the conclusion of the Annual General Meeting. The period during which the list
of members is closed shall not be taken into account in calculating
the period of thirty (30) days referred to under Clause 4.4.2.
4.5
Fee, Subscription,
etc
4.5.1
The entrance fee to the Association is an amount which
has been determined by resolution of the Council from time to
time.
4.5.2
The annual membership fee of the Association is an amount
which has been determined by resolution of the Council from time
to time.
4.5.3
Any member who has not paid the subscription for the current
year within ninety (90) days of the commencement of the Association
year on 1 July shall cease to be a member.
5.1
If it is submitted to the Council that any member should
cease to be a member, the Council may, after giving the member
an opportunity to be heard before the Council, request the member
to resign:
5.1.1
If a member requested to resign does not do so within twenty‑one
(21) days after such a request, the Council may expel such member
from the Association.
5.1.2
A member resigning pursuant to a request from the Council
or expelled from membership shall not again become a member except
with the express approval of the Council.
5.1.3
Proceedings of the Council under this Clause shall be Special
Business of the Council, but the notice of meeting need not contain
the name of the member or members concerned.
5.1.4
If a member of Council fails to fulfil his/her commitments
to the ACTISA or fails to attend three (3) consecutive routine
meetings without an acceptable reason, then the Council is empowered
to:
5.1.4.1 Revoke that
persons membership of the Council;
5.1.4.2 Ask for that
member’s resignation.
5.1.5
Where the Council confirms a resolution under Clauses 5.1.1,
5.1.2, 5.1.3 or 5.1.4, the Honorary Secretary shall, within seven
(7) days after that confirmation, by notice in writing inform
the member of that confirmation and of the member’s right
of appeal under Clause 5.2.
5.1.6
A resolution confirmed by the Council under Clauses 5.1.1,
5.1.2, 5.1.3 or 5.1.4 does not take effect:
5.1.6.1 Until the
expiration of the period within which the member is entitled to
appeal against the resolution where the member does not exercise
the right of appeal within that period;
or
5.1.6.2 Where within
that period the member exercises the right of appeal, unless and
until the Association confirms the resolution in accordance with
Clause 5.2.4.
5.2
Right of Appeal of Disciplined Member
5.2.1
A member may appeal to the Association in General Meeting
against a resolution of the Council which is confirmed under Clause
5.1.5, within seven (7) days after notice of the resolution is
served on the member, by lodging with the Honorary Secretary a
notice to that effect.
5.2.2
Upon receipt of a notice under Clause 5.2.1, the Honorary
Secretary shall notify the Council which shall convene a General
Meeting of the Association to be held within twenty‑one
(21) days after the date which the Honorary Secretary received
notice or as soon as possible after that date.
5.2.3
Subject to Section 50 of the Act, as a General Meeting
of the Association convened under Clause 5.2.2:
5.2.3.1 No business
other than the question of the appeal shall be transacted;
5.2.3.2 The Council
and the member shall be given the opportunity to make representations
in relation to the appeal orally or in writing, or both; and
5.2.3.3 The members
present shall vote by secret ballot on the question of whether
the resolution made under Clause 5.1.5, that the resolution is
confirmed or revoked.
5.2.4
If the meeting passes a special resolution in favour of
the confirmation of the resolution made under Clause 5.1.5, that
resolution is confirmed.
6.1
Honorary life membership may be granted by the Council
or by the Association to honour persons who have rendered valuable
service to the Association or to ice skating.
6.2
Acceptance of Honorary Life membership by a member shall
be deemed acceptance of this Constitution and submission to the
By-Laws of the Association.
7.1
The Annual General
Meeting of the Association shall be fixed in the month of
August of each year on a day to be fixed by the Council:
7.1.1
The business of the Annual General Meeting shall be:
7.1.1.1 To confirm
the minutes of the preceding Annual General Meeting;
7.1.1.2 To receive
the report of the Association’s activities for the preceding
year;
7.1.1.3 To receive
the financial statement for the preceding year;
7.1.1.4 To receive
a report from the Association’s representative or representatives
on the National Association;
7.1.1.5 To elect
the Office Bearers, members of Council and the Association’s
representative or representatives on the National Association
for the ensuing year;
7.1.1.6 To elect
an Honorary Auditor;
7.1.1.7 To deal with
such items of business of which written notice has been received
by the Honorary Secretary not later than 30 July each year.
7.1.2
No other business shall be transacted at an Annual General
Meeting. 7.1.3
Notice of meeting for the Annual General Meeting shall
be given at least twenty one (21) clear days prior to the meeting
by posting notice of the meeting on the Association notice boards
and in the ‘Canberra Times’ or written notice of meeting
shall be given to each Affiliated Club and to each Full Member
by positing such notice to his/her last known address.
7.1.4
All members of the Association shall be entitled to attend
the Annual General Meeting.
Senior, Associate (over 18 years of age) and Honorary Life
members shall only be entitled to vote.
7.2
An Extraordinary
General Meeting of the Association may be convened at any
time by the Council or be a request made in writing to the Honorary
Secretary and signed by ten (10) members other than Junior members:
7.2.1
If an Extraordinary General Meeting is not convened by
the Council within four (4) weeks after the receipt of a request
in writing, the meeting may be convened by the person making the
request.
7.2.2
Notice of an Extraordinary General Meeting shall be given
in the same manner as specified for the Annual General Meeting
of the Association.
7.2.3
The persons entitled to attend and vote at an Extraordinary
General Meeting of the Association shall be as specified for the
Annual General Meeting.
7.2.4
Subject to Clause 7.2.5, upon any question arising at an
Extraordinary General Meeting of the Association a member has
one vote only.
7.2.5
In the case of equality of votes on a question at a General
Meeting, the person presiding is entitled to exercise a second
or casting vote.
7.2.6
A member is not entitled to vote at any General Meeting
of the Association unless all money due and payable by the member
to the Association has been paid, other than the amount of the
annual subscription payable in respect of the then current year.
7.3
The quorum for any General Meeting of the Association shall
be ten (10) members other than Junior members.
7.4
The President or, in his/her absence, a Vice President
of the Association shall act as Chairperson of every meeting of
the Association. In
the absence of the President and the Vice President, the meeting
shall elect a Chairperson from amongst the voting members present.
8.1
At the Annual General Meeting in each year, there shall
be elected by secret ballot from the members of the Association
eligible, a President, Vice President, an Honorary Secretary,
an Honorary Treasurer and four (4) Council members:
8.1.1
No member of less than one (1) year’s standing shall
be eligible to be elected President, Vice President, Honorary
Secretary or Honorary Treasurer.
8.1.2
Nominations for Office Bearers and elected Council members
shall be made in writing signed by the Candidate and by a nominator
and a seconder, both of whom shall be Full members of the Association,
and shall be lodged with or posted to the Honorary Secretary so
as to be received at least seven (7) days before the date of the
election.
8.1.3
The Honorary Secretary shall make available six (6) days
before the meeting to any member entitled to vote, the names of
all persons nominated for election.
8.2
An Office Bearer or Council member ceasing to be a member
of the Association shall cease to hold office, or be a Council
member but shall otherwise hold office or be a Council member
until the election of his/her successor:
8.2.1
No member of the Council or Office Bearer who is disqualified
from exercising rights of membership under any provision of this
Constitution shall take part in any proceedings of the Council.
8.2.2
For the purposes of these rules, a vacancy in the Office
of the Council occurs if the member:
8.2.2.1 Dies;
8.2.2.2 Ceases to
be a member of the Association;
8.2.2.3 Resigns from
Office;
8.2.2.4 Is removed
from Office pursuant to Clause 8.4;
8.2.2.5 Becomes an
insolvent under administration within the meaning of the Corporation
Law;
8.2.2.6 Suffers from
mental or physical incapacity;
8.2.2.7 Is disqualified
from Office under Subsection 63(1) of the Act; or
8.2.2.8 Is absent
without consent of the Council Members from meetings of the Council
according to Clause 5.1.4.
8.2.3
Any vacancy on the Council, however arising, shall be filled
by the Council and a person appointed to fill such vacancy shall
go out of Office at the time when the person in whose place he/she
appointed would have gone out of Office.
Failure to elect or non acceptance of his/her Office shall
be deemed to create a casual vacancy.
8.3
The Council may elect from among the Full members of the
Association additional members to the Council not exceeding two
(2).
8.4.1
The Association in General Meeting may by resolution, subject
to Section 50 of the Act, remove any member of the Council from
the Office or member of the Council before expiration of the member'’
term of Office.
9.1
The President, or in his/her absence, the Vice President,
shall be Chairperson of the Council and shall be a member of all
committees appointed by the Council.
The Honorary Secretary and Honorary Treasurer shall ex
officio be members of all committees appointed by the Council.
9.2
The Council shall consist of the President, Vice President,
the Honorary Secretary, the Honorary Treasurer, four (4) elected
members, any additional members elected by the Council under the
provisions of this Constitution, and a representative of each
Affiliated Club.
10.1
A meeting of the Council may be convened at any time:
10.1.1 By
the President;
10.1.2 By
the Honorary Secretary after requisition in writing by four (4)
Council members;
10.1.3 By
any Council member if no meeting has been convened by the Honorary
Secretary within fourteen (14) days after a requisition in writing
made by four (4) Council members.
10.2
Notice of a Council Meeting shall be given to each
member of the Council at least seven (7) clear days before the
date of the meeting. The
notice shall specify the date, the time and the place of the meeting
and, so far as possible, the business to be transacted.
10.3
With the consent of all Council members present, notice
of meeting not given in accordance with the preceding rule may
be deemed sufficient.
10.4
All matters arising at a meeting of the Council, except
matters described as Special Business, shall be decided by a majority
of the votes cast on any question, each member of the Council
having one (1) vote only on any matter but in the event of an
equality of votes, the Chairperson of the meeting shall have a
second or casting vote:
10.4.1 Special
Business of the Council shall be:
10.4.1.1 Proceedings for the expulsion
of any member;
10.4.1.2 Dealings with capital
funds of the Association;
10.4.1.3 Proceedings with reference
to amateur status or the disqualification of a member;
10.4.1.4 The making of or alteration
to By-Laws of the Association;
10.4.1.5 Proceedings for the disqualification
of an Affiliated Club.
10.4.2 A matter
of Special Business arising at a meeting of the Council shall
require a two‑thirds majority of those present and voting,
each member having one (1) vote only.
10.5
The quorum for a meeting of the Council shall be five (5)
Council Members, including the President and/or the Vice President.
10.6
The Council shall, as soon as practicable after the Annual
General Meeting of the Association:
10.6.1 Fix
the dates and times of the ACT Championships for the year.
10.6.2 Fix
a program of events covering competitions and tests for the year.
10.6.3 Appoint
such committees as required.
10.6.4 The
Council may, from time to time during the year appoint such other
committees as may be deemed necessary and fill casual vacancies
or from time to time appoint and remove members of any such committees.
10.7
A person appoint as a member of a committee shall cease
to be a member of such committee if he/she ceases to be a member
of the Association but otherwise shall hold Office until resignation
or until expiry of the committee’s term of Office.
11.1
Any club or association formed for the promotion of ice
skating, whether as the sole object of such club or association
or not, may upon the application of such club or association,
be constituted an affiliated club.
The Council shall consider an application under this article
upon receipt for the applicant club or association of a copy of
its constitution and a list of its officers.
11.2
Each Affiliated Club shall pay an annual subscription to
be determined by the Council, which shall become due and payable
on 1 July each year:
11.2.1 Any
Affiliated Club which has not paid its subscription within ninety
(90) days after the commencement of the Association year shall
not be entitled to exercise any of the rights of membership until
all moneys due to the Association have been paid.
11.2.2 Each
Affiliated Club shall be entitled to appoint from among its own
members, one (1) representative to attend a General Meeting
of the Association. The
appointment shall be made in writing and shall be handed to the
Chairperson of the meeting before the commencement of proceedings.
11.2.3 Each
Affiliated Club shall be entitled to appoint from time to time
from among its own members, one (1) representative to serve on
the Council.
11.3
The Council shall have power, if it considers it desirable
in the interests of the Association, to determine that an Affiliated
Club shall cease to be an Affiliated Club.
The Council shall not terminate the affiliation of any
club until after it has given such club an opportunity to be heard
by the Council. The
decision of the Council on any application for affiliation or
on any motion that any Affiliated Club cease to be affiliated
shall be final.
12.1
The financial year for the Association will end on 30 June.
12.2
The finances of the Association shall be kept under the
supervision of the Council by the Honorary Treasurer.
12.3
All moneys received on behalf of the Association by any
person other than the Honorary Treasurer shall forthwith be transmitted
to the Honorary Treasurer.
12.4
All payments on behalf of the Association shall be made
out of the Association bank accounts by order of the Council and
the Council shall arrange that such accounts shall not be drawn
upon save by cheques signed by the Honorary Treasurer and countersigned
by either the President or the Honorary Secretary.
12.5
The Honorary Treasurer shall keep such banking accounts
as are required and authorised by the Council.
12.6
The Honorary Treasurer shall pay all moneys received into
the Association bank account or accounts, and shall keep full
accounts of all moneys received and paid on behalf of the Association. The accounts of the Association
shall be closed at the 15th day of June in each
year and, as soon thereafter as practicable, the Honorary Treasurer
shall submit the accounts, together with all proper vouchers and
documents connected therewith, to the Auditor.
The Auditor shall complete the audit of the accounts of
the Association before the ensuing August 1, and the accounts
duly audited shall be presented at the ensuing Annual General
Meeting.
12.7.1 The
funds of the Association shall be derived from grants, general
fundraising, subscriptions of members, donations and, subject
to any resolution passed by the Association in General Meeting
and subject to Section 114 of the Act, such other sources as the
Council determines.
12.7.2 All
money received by the Association shall be deposited as soon as
practicable and without deduction to the Association’s bank
accounts.
12.7.3 The
Association shall, as soon as practicable after receiving the
money, issue an appropriate receipt.
13.1
All championships and competitions held by the Association
and all competitions conducted by the Association on behalf of
any other person or body shall be confined to eligible persons,
unless otherwise expressly stated in the announcement of the event.
13.2
For the purposes of this Constitution and all matters in
which the Association is concerned, an eligible person is a person
who participates in the sport of ice skating as an avocation,
for pleasure and not as a means of livelihood, and who is not
ineligible under any provision of this Constitution or by the
Regulations of the Ice Skating Australia Inc or the International
Skating Union.
13.3
A person is ineligible if that person has:
13.3.1 Practised
or taught skating for gain (teachers who teach skating as a subsidiary
part of their duties but who receive no extra remuneration are
excepted);
13.3.2 Participated
in any capacity in a skating competition or exhibition in violation
of the Regulations of this Association or the Ice Skating Australia
Inc.
13.4
Any person who receives remuneration from ownership or
management of an ice show or ice rink (even if not otherwise disqualified
under Clause 13.3) shall not be a competitor or official at any
Association championship or competition.
13.5
The receipt of the remuneration from any source directly
or indirectly connected with an ice rink or an ice show and for
any employment which neither requires the recipient to skate,
nor requires any skating skill, is not by itself to be regarded
as practising skating for gain.
13.6
An eligible person must not be involved in the advertising
of any commercial services or products without the express approval
of the Association, and pursuant to any advertising or promotional
contract authorised to be negotiated by the Association on behalf
of the Ice Skating Australia Inc.
13.7
In any matter of the construction or application of these
provisions, the Council’s decision shall be final and conclusive.
13.8
The Council may, by permit in writing, authorise the holding
of skating competitions between eligible and ineligible persons
and may authorise eligible persons to take part in exhibitions
with or at the same time as ineligible persons.
13.9
A permit issued for an exhibition or a competition may
be made subject to conditions and provisions which the Council
may consider desirable, in accordance with the Rules of the Ice
Skating Australia Inc.
13.10 Any
member who knowingly competes or officiates at any meeting in
Australia, which is not held under the Rules of the Association
or under the Rules of the Ice Skating Australia Inc, may be declared
ineligible under such conditions and for such period as the Council
may decide and such ineligibility may be absolute or limited in
any way thought proper by the Council.
13.11 An
Affiliated Club need not apply for a permit to hold a meeting
or competition confined to its own members or a competition which
is restricted to the members of not more than two (2) Affiliated
Clubs. Any member participating in such
a competition as a member of an Affiliated Club shall not be deemed
to lose eligibility for so participating, if:
13.11.1 A notice in writing
shall be handed to the Honorary Secretary of the Association claiming
that any member claiming to compete is ineligible; or
13.11.2 At any time the
Council shall receive information which, in its opinion, justifies
the holding of an inquiry into the eligibility of any member; an inquiry shall be held by Council
or by a Committee appointed by Council, and any member who has
given notice pursuant to Clause 13.11.1, and any member whose
eligibility is disputed shall be heard.
At least seven (7) clear days before the hearing, the Honorary
Secretary shall forward to the member whose eligibility is disputed,
a copy of the notice of objection together with notice of the
time and the place fixed for the hearing.
The burden of proof shall be on the member giving notice.
13.12 If
at any time the Council shall receive information which, in its
opinion, justifies the holding of an inquiry into the eligibility
of a member, such person shall be called upon and given notice
of hearing in the same manner as if an objection had been made
against him/her under Clause 13.11.2.
13.13 Any
member who has been declared ineligible may apply for reinstatement
or requalification as an eligible person. Every application shall be signed
by the applicant, and must be accompanied by proof of the facts
by a Statutory Declaration if the Council so requires.
13.14 Reinstatement
or requalification shall be granted or withheld at the discretion
of the Council of the Ice Skating Australia Inc, subject to any
conditions considered appropriate.
13.15 A
person who has been a professional skater:
13.15.1 Shall not apply
for reinstatement until a period of two (2) years has elapsed
since that person received remuneration;
13.15.2 If reinstated under
these provisions shall not thereafter be a competitor in any event
organised by any State or National Ice Skating Association.
14.1
Payments to a member in reimbursement of expenses of travelling,
accommodation and training may be authorised by the Council in
accordance with the Regulations of the Ice Skating Australia Inc.
14.2
For the purpose of this Constitution, “Payment to
a Member” includes any payment made for the benefit of a
member directly or indirectly, and specifically includes payments
made to airline railway, hotel, travel agent or any other for
the travelling and accommodation expenses of a member.
14.3
Payment to a member in reimbursement shall only be made
by or through this Association or the Ice Skating Australia Inc
and must not be paid direct to members by a sponsor or promoter.
15.1
The Council shall have power on behalf of the Association
to enter into agreements with Governing Bodies of other sports
or with the Governing Bodies of skating in other states or territories
with reference to competitions and amateur status.
16.1
This Constitution shall not be altered except at an Extraordinary
General Meeting of the Association, being a meeting for which
at least twenty‑one (21) days notice of intention to propose
the alteration as a Special Resolution, has been given to the
members of the Association, and at which amendment(s) are passed
by at least three‑quarters of the members of the Association
who, being entitled to vote, vote in person.
17.1
The Council shall have power to deal with any matter not
provided for in this Constitution and, in so dealing, shall so
far as possible apply the Regulations of the Ice Skating Australia
Inc and the International Skating Union.
18.1
The Common Seal of the Association shall be kept in the
custody of the Treasurer.
18.2
The Common Seal shall not be affixed to any instrument
except by the authority of the Council and the affixing of the
Common Seal shall be attested by the signatures either of two
(2) members of the Council or of one (1) MEMBER OF THE Council
and of the Honorary Secretary.
19.1
Subject to the Act, the Regulations and this Constitution,
the Honorary Secretary and/or the Honorary Treasurer shall keep
in their control all records, and other documents relating to
the Association.
20.1
The records, books and other documents of the Association
shall be open to inspection at a place in the Territory, free
of charge, by a member of the Association at any reasonable hour.
21.1
The Association shall be wound up only by resolution at
a General Meeting of two‑thirds of the members.
21.2
If the Association shall be wound up, no distribution of
its surplus assets shall be made to members but any surplus assets
shall be transferred to some other organisation having objects
similar to the objects of the Association.
3(a)
Policies and Procedures in place prior to 14 September
1999 are rescinded.
11(a) Affiliation
fees of clubs to be based on:
1. ACTISA administered memberships
at rate of five dollars ($5.00) per financial member of the previous
year to be paid within ninety (90) days from 1 July; and
2. Non ACTISA administered
memberships at rate of four hundred dollars ($400.00) per annum.
(Effective from Council meeting held
on 27 August 2002.)
11(b) An
affiliation fee of thirty dollars ($30.00) will apply to a new
club or incorporated body for the first year of operation only.
11(c) The
delegate nominated to represent an affiliated club or incorporated
body at the Association Council meetings must be a current financial
member of the Association.
11(d) A
copy of the current Constitution (only if changes have occurred)
is required to be submitted with Affiliation Fee. |
