Model Rules for the association – ‘BOER GOAT AUSTRALIA INC.’
CONSUMER AFFAIRS VICTORIA ASSOCIATION INCORPORATIONS ACT (1981)
The name of this incorporated association is BOER GOAT AUSTRALIA INC. (in these Rules called “the Association”).
In these Rules, unless the contrary intention appears – ‘BGA’ means Boer Goat Australia; governing body means the management of the Association; financial year means the year ending on 30 June; member means a member of the Association; Regulations means regulations under the Act; relevant documents has the same meaning as in the Act; the Act means the Associations Incorporation Act 1981.
In these Rules, a reference to the Secretary of an Association is a reference –
(a) if a person holds office under these Rules as Secretary of the Association – to that person; and
(b) in any other case, to the public officer of the Association.
3. Alteration of the rules:
These Rules and the statement of purposes of the Association must not be altered except in accordance with the Act.
4. Membership, entry fees and subscription:
A person who applies and is approved for membership as provided in these Rules is eligible to be a member of the Association on payment of the entrance fee and annual subscription payable under these Rules.
A person who is not a member of the Association (or who was a member but ceased to be a member) must not be admitted to membership unless –
(a) he or she applies for membership; and
(b) the admission as a member is approved by the Associations Secretary.
An application of a person for membership of the Association must –
(a) be made in writing on the official Association Membership Application form; and
(b) be lodged with the Secretary of the Association.
As soon as practicable after the receipt of an application, the Secretary must determine whether to approve or reject the application.
Upon approval of an application for membership, the Secretary must, as soon as practicable –
(a) notify the applicant in writing of the approval for membership; and
(b) request payment within 14 days after receipt of the notification of the sum payable under these Rules as the entrance fee and the first year’s annual subscription.
The Secretary must, within 14 days after receipt of the amounts referred to in subrule
enter the applicant’s name in the register of members.
An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of members.
If the Associations Secretary rejects an application, they must, as soon as practicable, notify the applicant in writing that the application has been rejected.
A right, privilege, or obligation of a person by reason of membership of the Association –
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates upon the cessation of membership whether by death or resignation or otherwise.
The annual membership subscription fee is the relevant amount set out in Appendix 1 and is payable in advance on or before the initial joining date in each following year.
5. Register of members:
The Secretary must keep and maintain a register of members containing –
(a) the name and address of each member; and
(b) the date on which each member’s name was entered in the register.
The register is available for inspection free of charge by any member upon request.
6. Ceasing membership:
A members right will cease if after 60 days the applicable Associations membership fees have not been received; or
If a complaint has been brought to the attention of the Secretary by one of the Associations members in writing and duly signed, that complaint will be forwarded to all members.
(a) The member who has the complaint made upon them shall have ‘the right of reply’ to explain their actions and why they should still be allowed to remain a member of the association.
(b) Where upon the majority vote from members duly decide that the complaint was of a serious matter that was disrespectful to the association as a whole, the member receiving the complaint shall be notified in writing that their membership will cease immediately, forfeiting all association rights.
the Secretary must record in the register of members the date on which the member ceased to be a member.
7. Discipline, suspension and expulsion of members:
Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the Associations Secretary may by resolution –
(a) suspend that member from membership of the Association for a specified period; or
(b) expel that member from the Association;
If the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
The Associations Secretary must –
(a) give the member, or his or her representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
8. Disputes and mediation:
The grievance procedure set out in this rule applies to disputes under these Rules between –
(a) a member and another member; or
(b) a member and the Association.
The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
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.
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 Associations Secretary 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).
A member of the Association can be a mediator.
The mediator cannot be a member who is a party to the dispute.
The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
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.
The mediator must not determine the dispute.
If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
9. Management of the Association:
(1) The affairs of the Association shall be managed by the Administration.
(2) The Administration –
(a) shall control and manage the business and affairs of the Association; and
(b) may, subject to these Rules, 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 these Rules to be exercised by general meetings of the members of the Association; and
(c) subject to these Rules, the Act and the Regulations, has power to perform all such acts and things as appear to the Administration to be essential for the proper management of the business and affairs of the Association.
(3) The Administration shall consist of –
(a) President or Chairperson, Secretary, Treasurer and Registrar as officers of the Association; and
(b) Two or more Administrative positions may be held by the one person.
(c) In the event of a casual vacancy in any office, the Associations Secretary may appoint one of its members to manage the vacant office.
The office of an officer of the Association, or of an ordinary member of the Administration, becomes vacant if the officer or member—
(a) ceases to be a member of the Association; or
(b) becomes an insolvent under administration within the meaning of the Corporations Act; or
(c) resigns from office by notice in writing given to the Secretary.
The Treasurer of the Association must –
(a) collect and receive all moneys due to the Association and make all payments authorised by the Association; and
(b) keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.
The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the committee determines.
12. Notice to members:
Any notice that is required to be given to a member, by or on behalf of the Association, under these Rules may be given by –
(a) delivering the notice to the member personally; or
(b) sending it by prepaid post addressed to the member at that member’s address shown in the register of members; or
(c) facsimile transmission, if the member has requested that the notice be given to him or her in this manner; or
(d) electronic transmission, if the member has requested that the notice be given to him or her in this manner.
13. Winding up:
In the event of the winding up or the cancellation of the Association, the assets of the Association must be disposed of in accordance with the provisions of the Act.
14. Custody and inspection of books and records:
Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Association.
All accounts, books, securities and any other relevant documents of the Association must be available for inspection free of charge by any member upon request.
A member may make a copy of any accounts, books, securities and any other relevant documents of the Association.
Schedule of Fees
Initial Membership Fees:
Joining Fee: Full Stud Membership is $99 per annum plus $33.00 for registration of Stud Name and Herd Prefix Code ( an initial once only fee) = $132 inclusive of GST (membership in this category allows for the registration and transfer of goats)
Joining Fee: Standard Membership = $66 inclusive of GST (membership in this category does not allow the registration or transfer of goats).
Joining Fee: Junior Stud Membership is $66 plus $33.00 for registration of Stud Name and Herd Prefix Code ( an initial once only fee) = $99 inclusive of GST (membership allows for the registration and transfer of goats)
Annual Renewal Fee:
Full Stud Membership = $99 inclusive of GST
Standard Membership = $66 inclusive of GST
Junior Stud Membership = $66 inclusive of GST