MARGARET RIVER CHAMBER OF COMMERCE AND INDUSTRY (INC).
CONSTITUTION AND RULES
The name of the Association is Margaret River Chamber of Commerce and Industry (Inc). referred to in these Rules as the Chamber.
The objects of the Chamber are to:-
a. Play a leading role in formulating strategic plans and policies for economic development and sustainable growth of business in the Margaret River region,
b. Promote the Margaret River region as a location for the development of new business and industry to bring additional investment, ideas, expertise and employment to the benefit of the community,
c. Represent the business interests of the community fully and fairly when liaising with or lobbying key public and private sector organisations in relation to matters of concern for the development of business and industry in the Margaret River region,
d. Promote strategic partnerships and networking between groups and individual businesses in the Margaret River region in order to share expertise and promote business interaction,
e. Promote and support activities and schemes that develop a greater awareness and understanding of businesses and industries in the Margaret River region,
f. Assist businesses in the Margaret River region in finding relevant information and training resources from local, regional and national sources and
g. Promote and support activities and schemes that will help businesses in the Margaret River region operate more effectively and efficiently.
h. The property and income of the Chamber shall be applied solely towards the promotion of the above objects and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members except in good faith in the promotion of those objects.
3. ELIGIBILITY FOR MEMBERSHIP.
a. A person including any partnership, association or company carrying on business shall be eligible for membership in the Chamber.
b. A person described in sub-rule a. of this rule shall, upon payment of the annual subscription referred to in Rule 5, become a member of the Chamber.
c. Membership shall terminate if the member fails to pay the annual subscription fee within three months of it becoming due or resigns after giving the Secretary one month’s notice of that intention.
4. ENTITLEMENT TO ATTEND MEETINGS, VOTE AND HOLD OFFICE.
a. No person may attend meetings, vote at meetings or hold office in the Chamber unless he is a member.
b. Persons not being members of the Chamber may attend and address a meeting if the Chairperson so directs.
c. Only a financial member shall be entitled to have a vote on any motion or in any election at any meeting.
d. Each member, other than a sole trader, shall nominate the person entitled to attend meetings and act on behalf of the member in the affairs of the Chamber. A member may appoint a proxy if the member or the member’s nominated representative is unable to attend a particular meeting.
The annual subscription shall be such amount as may be determined by the Chamber at an Annual General Meeting and payable at the beginning of each financial year.
a. Subject to the Associations Incorporation Act 1987, these Rules and the membership at General Meetings of the Chamber, the day to day management of the Chamber is vested in the Committee of Management comprising a President, Deputy-President, Secretary, Treasurer and five ordinary members.
b. The Committee of Management shall do all such things as are necessary to provide prudent management of the Chamber’s affairs in its attainment of the objects set out in Rule 2.
c. The Committee of Management may delegate powers to sub-committees and amend or revoke those powers as required.
d. The Committee of Management shall meet as and when required by the President but at least once in each calendar month.
e. A quorum for a Committee of Management meeting shall be five members.
7. ELECTION TO THE COMMITTEE OF MANAGEMENT.
a. Nomination for election to the Committee of Management of the Chamber may be made at any time up to the time for the close of nominations at the Annual General Meeting. Each nominee must be a financial member of the Chamber and agree to the nomination.
b. Nominations to the Committee shall be for the specific positions as noted in clause 6.a above.
c. No members shall be nominated to fill the office of President if that member has already served in that position for the three years immediately preceding the election for which nominations are called.
d. The persons so elected shall hold office for the ensuring year until the next Annual General Meeting.
e. Where there are two or more nominations for an office or, where there are more nominations than there are vacancies for ordinary members on the Committee of Management, the membership shall decide by vote who shall be elected to the vacant positions.
f. Casual vacancies on the Committee of Management shall be filled from the financial membership by the Committee of Management.
g. The members at a General Meeting may resolve to combine the offices of Secretary and Treasurer, in which case, nominations must be called for one person to fill the combined office.
h. The members at a General Meeting may resolve not to fill either or both the offices of Secretary and Treasurer from the membership, in which case, non-members may be appointed to fill the offices.
a. The President or, in his or her absence, the Deputy-President shall be the Chairperson of all meetings and, upon the minutes of the previous meeting being confirmed, shall sign the minutes in the presence of the meeting.
b. The President shall give a report on the year’s activities of the Chamber to the members at each Annual General Meeting.
The Secretary shall be responsible for:-
a. Preparation of the minutes of each meeting,
b. Receiving and dealing with all correspondence,
c. Carrying out the directions of the Chamber,
d. Notification of members of the time and place of all meetings,
e. Maintenance of a register of all members and
f. Safekeeping of the Chamber’s records and common seal.
The Treasurer shall be responsible for:-
a. Ensuring that a proper record is kept of all monies received and paid out by the Chamber,
b. Producing bank statements, pass-books and other such records for inspection when requested by a member of the Chamber and
c. Preparing accounts for all meetings and preparing an income and expenditure statement and balance sheet duly audited for the Annual General Meeting.
11. GENERAL MEETINGS OF THE CHAMBER.
a. The members may meet in a General Meeting at such times as the members decide, provided that the President may call for a General Meeting at any time.
b. The Annual General Meeting shall be held in the month of August in each year.
c. A Special General Meeting shall be held when directed by the President or when requested by three financial members. In the case of a request by financial members, the meeting shall be held within one month of the date of the request.
d. The notice to members for a General, Special General or Annual General Meeting shall be fourteen days and contain the date, time and place for such meeting, together with a copy any notice of motion intended to be put to the meeting. In the case of a Special General Meeting the notice shall also contain the matter to be raised at the meeting.
e. The business of any Special General Meeting shall be restricted to the matter referred to in the notice.
f. The quorum for a General, Special General or Annual General Meeting shall be five financial members. If a quorum is not present within thirty minutes of the time given in the notice, the meeting shall be abandoned and a fresh time fixed by the President. The fresh time so fixed need not comply with the requirements of sub- rules b. and c. of this Rule
a. At all meetings of the Chamber, voting shall be conducted by a show of hands with the result being declared by the Chairperson.
b. If there is disagreement with the declaration of the Chairperson, the matter shall be resolved by secret ballot.
c. In the event of an equality of votes, the Chairperson shall have a casting vote in addition to a deliberative vote.
13. FINANCIAL YEAR.
The financial year shall commence on July 1.
14. COMMON SEAL.
The common seal shall be affixed by the Secretary in the presence Chairperson of the meeting at which the motion requiring the use of the common seal was carried.
a. The Secretary shall make available at a mutually convenient time for inspection such of the records, minutes, accounts, securities and the Rules of the Chamber as may be requested by a financial member.
b. The member may take copies of such records, minutes, accounts, securities and Rules but not remove them from the presence of the Secretary.
16. THESE RULES.
a. The Rules of the Chamber, including its name, may only be amended by a special resolution of the members.
b. A resolution is a special resolution when passed by a majority of not less that three fourths of the financial members present or by proxy and voting at a General , Special General or Annual General Meeting of which notice specifying the intention to propose the resolution as a special resolution was given.
c. Amendment of the Rules shall commence by way of a notice of motion giving precise detail of the amendment sought and a brief statement setting out the reason for the amendment.
17. WINDING UP.
If, on the winding up of the Chamber, any property of the Chamber remains after the satisfaction of the debts and liabilities of the Chamber and the costs, charges and expenses of that winding up, that property shall be distributed:
a. to another incorporated association having objects similar to those of the Chamber
b. for charitable purposes, which incorporated association or purposes, as the case requires, shall be determined by resolution of the members when preparing a distribution plan under section 33 (3) of the Associations Incorporation Act 1987 for the distribution of the surplus property of the Chamber.