Constitution

The name of the Association is Marion Bay Coastcare Incorporated. The official address of the Association is the residential address of the Secretary. In this constitution, "Model Rules" means the Model Rules for an Association, being Schedule I of the Associations Incorporation (Model Rules) Regulations 1997. (a) The basic objectives of the Association are to assist with the management of Long Spit Private Nature Reserve and adjacent areas; and to be a forum for community input into management decisions. (b) In addition to the basic objectives of the Association, the purposes of the Association include the items listed as clauses (a) to (I) of the Model Rules, and clause (m): the doing of any lawful thing incidental or conducive to the attainment of the basic objectives of the Association or of any of the objectives and purposes specified in this rule. (a) A person shall be a member of the Association on payment of the annual subscription fixed under these rules. (b) A member may resign from the Association by delivering or sending by post to the Secretary a written notice of resignation. (c) The Executive Committee may expel a member if, in its opinion, the member is guilty of conduct detrimental to the interests of the Association. The method of expulsion, and appeal rights, shall be in accordance with the Model Rules. (a) The annual subscription shall be determined at the annual general meeting and shall become payable at that meeting. (b) Any member whose subscription is not paid within three months after due notification shall cease to be entitled to membership rights. (a) The officers are a convenor, a treasurer and a secretary (who shall be the Public Officer referred to in Section 14 of the Associations Incorporation Act 1964 - which requires that officer to be an adult resident in Tasmania). (b) Candidates for election as officers and the two members on the Executive Committee are to be nominated and seconded at an annual general meeting. (c) If there is more than one nomination for each position, a ballot is to be held. The ballot is to be conducted at the annual general meeting in the usual manner as directed by the Executive Committee. (d) Each officer and Executive Committee member is to hold office until the conclusion of the annual general meeting next after the date of election, and is eligible for re-election. (e) If there occurs a casual vacancy in any office, or if any office is not filled at election, the Executive Committee may make an appointment. (f) An office becomes vacant if the holder dies, becomes of unsound mind, resigns, fails (without leave) to attend two consecutive meetings, or ceases to be a member. (a) The affairs of the Association are to be managed by an Executive Committee consisting of the officers and two elected members. The Executive Committee may exercise all the powers and perform all the functions of the Association, other than those powers and functions that are required by these rules to be exercised by general meetings of members; and has power to do anything that appears to the Executive Committee to be essential for the proper management of the business and affairs of the Association. (b) The Executive Committee is to meet as necessary as decided by the Convenor, or by the Treasurer and Secretary jointly. Business is not to be transacted unless a quorum of three (including at least one of the elected members) is present. The Convenor is to preside but, in the absence of the Convenor, the other members shall decide who is to preside. In the event of equality of votes on any question, the person presiding has a casting vote. On the recommendation of the Executive Committee, a general meeting may appoint Working Groups to carry out specific tasks. The leader of each Working Group shall regularly report to the Executive Committee and to each general meeting. The Executive Committee may co-opt any person (including a non-member) to assist in a Working Group. (a) The first auditor may be appointed by the Executive Committee before the first annual general meeting, and holds office until that meeting, unless earlier removed by a resolution of the members at a general meeting, when that meeting may appoint an auditor to act until the first annual general meeting. (b) At each annual general meeting, the members present are to appoint a person as the auditor. The auditor is to hold office until the conclusion of the next annual general meeting, and is eligible for re-appointment. If an appointment is not made by the members, and in the event of a casual vacancy, the Executive Committee is to make an appointment. (c) The auditor is to examine the accounts of the Association at least once in each financial year, and is to report to the members at the annual general meeting. In the report, the auditor is to state if he or she has obtained the required information, and (in his or her opinion) the accounts are properly drawn up so as to exhibit a true and correct view of the financial position of the Association, according to the information at his or her disposal and the explanations given, and as shown by the books of the Association; and if the rules relating to the administration of the funds of the Association have been observed. (d) The Secretary is to provide the auditor with a list of all accounts, books and records of the Association. (a) In addition to general meetings convened by the Executive Committee as and when required, the Association is to hold an annual general meeting on any date the Executive Committee determines, being not later than one month after the close of the financial year. (b) The notice convening the annual general meeting is to specify the purpose of the meeting which shall include the ordinary business of the meeting, as follows: 2. to receive from the Executive Committee and auditor reports on the transactions of the Association during the year; (c) The Executive Committee may convene special general meetings at any time, and is required to do so, on the requisition in writing of at least five members. The procedures for lodging a requisition, and the action to be taken if the Executive Committee does not act on it, are set out in clause 12 of the Model Rules. (d) Notices of meetings shall be given, by the Secretary, at least five working days before the date fixed for the meeting, specifying the place, date and time for the holding of the meeting, and the nature of the business to be transacted; and shall be delivered personally or sent through the post to the member at his or her recorded address. (e) Business is not to be transacted at a general meeting unless a quorum of seven members, or half the number of members (whichever is the lesser) is present at the time the meeting is considering that business. (f) The Convenor is to preside as chairperson at every general meeting; in his or her absence, the members present are to elect one of their number to be chairperson. (g) A member has one vote. All votes are to be given personally. In the event of equality of voting, the chairperson has a second or casting vote. (a) The income and property of the Association is to be applied solely towards the promotion of the objectives of the Association. No portion of the income and property is to be paid or transferred to any member other than for re-imbursement of Association expenses. (b) The financial year shall be from 1st July to 30th June. (c) An account in the name of the Association shall be maintained with a recognised financial institution, into which all money received is to be paid as soon as practicable after receipt. (d) Withdrawals or payments from the account shall not be made unless authorised by the Executive Committee. Any two of the officers are to operate the account. (e) The Association's accounts and records, kept by the Treasurer, are to be open to inspection by members at reasonable times arranged in advance; and a summary of the records, duly audited, is to be presented at the annual general meeting. . A proposal to amend this constitution shall be included in the notice convening any general meeting; and shall be approved if at least three-quarters of the votes recorded are in favour. (a) The Association shall not be wound up except by a special general meeting convened for that purpose, and a resolution carried by at least three-quarters of the votes recorded. (b) Any property remaining after satisfaction of all debts and liabilities shall be given to some other body having objectives similar to those of the Association, and which prohibits the distribution of its income and property amongst its members, and which is a non-profit body established for community service purposes. (c) If the Association is wound up, every member, and every person who, within the period of twelve months immediately preceding the commencement of the winding up, was a member, is liable to contribute for payment of the debts or liabilities of the Association, and for the costs, charges and expenses of the winding up, and for the adjustment of the rights of the contributories among themselves. Any liability under this rule is not to exceed the amount of an extra year's subscription; but a former member is not liable to contribute in respect of any debt or liability contracted after he or she ceased to be a member. The Executive Committee may make by-laws consistent with this constitution. Any matter not covered in this constitution shall be determined by the Executive Committee having regard to, but not being absolutely bound by, the Model Rules.
 * Constitution Marion Bay Coastcare Incorporated**
 * 1. TITLE**
 * 2. ADDRESS**
 * 3. DEFINITIONS**
 * 4. OB****JECTIVES**
 * 5. MEMBERSHIP**
 * 6. SUBSCRIPTIONS**
 * 7. OFFICERS AND EXECUTIVE COMMITTEE MEMBERS**
 * 8. EXECUTIVE COMMITTEE**
 * 9. WORKING GROUPS**
 * 10. AUDITOR**
 * 11. GENERAL MEETINGS**
 * 1) to confirm the minutes of the previous annual general meeting and of the previous general meeting;
 * 1) to elect the officers and two members of the Executive Committee;
 * 2) to appoint the auditor.
 * 12. FINANCE, PROPERTY AND ACCOUNTS**
 * 13. ALTERATION OF CONSTITUTION**
 * 14. WINDING UP OF ASSOCIATION**
 * 15. BY-LAWS**
 * 16. MISCELLANEOUS**

(a) Preside over all Association meetings and functions; may attend as a non-voting observer at meetings of Working Groups. (b) Attend (or arrange for a deputy) as representative of the Association at other meetings and functions. (c) Prepare the Convenor's Report for the annual general meeting. (a) Convene and attend all Association meetings and keep minutes of proceedings. (b) Cause decisions to be carried into effect as soon as practicable. (c) In conjunction with the Treasurer, maintain a register of members which shall be available for inspection by any member at reasonable times by prior arrangement. (d) Provide the Auditor with a list of all Association accounts, books and records. (e) Maintain the Association's reference copy of the constitution. (f) In the capacity of Public Officer of the Association (in accordance with the Associations Incorporation Act) notify the Commissioner of Corporate Affairs of appointment and changes of address, amendments of the constitution and the passing of special resolutions. (g) Receive and initiate correspondence, and maintain a records filing system. (a) Receive all money paid to the Association, immediately issue receipts, and pay the whole of that money into the Association's account as soon as practicable. (b) Present expenditure accounts at Executive Committee meetings and arrange for payment. (c) Keep records of income and expenditure, property, assets and liabilities; present status reports at Executive Committee meetings, and audited statements for the financial year at annual general meetings. (d) In conjunction with the Secretary, maintain a register of financial membership. (e) Maintain files of income and expenditure papers, and arrange safe-keeping of all financial books and records. (a) To liaise with and represent the views of members in matters dealt with in Executive Committee.
 * BY LAWS**
 * 1. DUTIES OF CONVENOR**
 * 2. DUTIES OF SECRETARY**
 * 3. DUTIES OF TREASURER**
 * 4. DUTIES OF ELECTED MEMBERS OF EXECUTIVE COMMITTEE**