Constitution of the Association

SOUTH HOBART PROGRESS ASSOCIATION INC.

CONSTITUTION

1. NAME
The name of the Association shall be “The South Hobart Progress Association Inc.” (hereinafter called the Association).

2. BASIC OBJECTIVES

(1) (a) To protect and promote the welfare, interests and general well-being of the community of South Hobart.

(b) To enhance, promote, protect and preserve the social, cultural and built heritage of Tasmania with special attention to South Hobart.

(c) To promote, organise and conduct events, entertainment, functions or any other similar activity in South Hobart.

(d) To make representations to local, State and Commonwealth authorities, bodies, boards, councils or other entities and any non Government entities for the promotion of the objects of the Association.

(e) To operate and manage a community centre for the benefit of the community of South Hobart and for other citizens and groups as may be determined from time to time.

(2) Paragraph (e) of sub clause (1) commences upon the consent of the Corporation of the City of Hobart being given to the Association to perform the functions specified in that paragraph, or upon the winding up of the South Hobart Community Centre Inc. whichever occurs later.

3. MEMBERSHIP

(1) Membership of the Association shall be open to persons over eighteen years of age, living, working in, or owning or occupying land in the area of the City of Hobart known as South Hobart and to any other person whom the Executive Committee may permit in accordance with the Rules of the Association.

(2) A person may apply orally or in writing to the Executive Committee for membership, whereupon the Committee must, within one month of such application, decide by a vote to accept or reject the application.

(3) If a member allows his/her membership of the Association to lapse for a period of more than two (2) years, any application to rejoin the SHPA (Inc,) will be treated as a new application subject to clause (2) above.

(4) In the event that any person is aggrieved by the decision of the Committee, that person may put a motion to a general meeting that the decision be reversed. The person aggrieved must give three (3) days notice to the Honorary Secretary of such motion.

(5) The Honorary Secretary shall keep the Register of all members.

4. SUBSCRIPTION

The Annual Subscription shall be such amount as the Executive Committee may determine from time to time. Subscriptions are due on the 1st day of July each year and a member shall be considered to be unfinancial if not paid by 31st December following.

5. PATRON

Any Annual General Meeting may, on the recommendation of the Executive Committee, elect a Patron.

6. OFFICE BEARERS

Office Bearers shall be financial members of the Association and shall be elected at an Annual General Meeting and shall hold office until the closure of the next Annual General Meeting. Office Bearers shall be as follows:

• President
• Senior Vice President
• Junior Vice President
• Honorary Secretary
• Honorary Treasurer
• Auditor
• Public Officer

7. EXECUTIVE COMMITTEE

(1) The Executive Committee shall consist of the President, the two Vice Presidents, the Honorary Secretary, the Honorary Treasurer, together with three (3) financial members of the Association.

(2) The Executive Committee shall have the power to co-opt such other person or persons as it deems fit.

8. SUB-COMMITTEES

The Executive Committee may appoint such other sub-committees as it sees fit and may give such sub-committees power to co-opt any other person or persons.

9. ELECTIONS

Nominations, duly proposed and seconded for all positions may be submitted in writing prior to the Annual General Meeting with the necessary acceptance of the nomination signed by the nominee. Alternatively, nominations may be made and accepted verbally at the Annual General Meeting.

10. MEETINGS

(1) Annual General Meetings, Special General Meetings and ordinary General Meetings shall be open to all financial members.

(2) Written notice of Annual General Meetings and Special General Meetings shall be given to members at least three (3) days before the date set down for each meeting.

(3) The Annual General Meeting shall be held in July each year, or as soon as thereafter as is practicable.

(4) A special General Meeting may be called by –

(a) the direction of the Executive Committee, or
(b) upon presentation to the Secretary of a petition requiring the calling thereof and signed by at least ten (10) members of the Association.

11. RULES OF DEBATE

(1) Where not otherwise specified, the Association may regulate the conduct of all general and Committee Meetings.

(2) Unless a motion is seconded, discussion shall lapse and the next business shall be proceeded with. Only one amendment at a time shall be received and dealt with.

12. QUORUMS

(1) A quorum shall consist of eight (8) financial members of the Association in the case of all Annual and Special General Meetings.

(2) In the event of insufficient members attending a General Meeting within half an hour of the scheduled start of such meeting, the Chairperson shall inform those present of that fact. He may commence and conduct the meeting, but all decisions made or motions passed must be ratified at the next meeting at which a quorum exists

(3) A quorum for Executive Committee Meetings shall consist of half the number of members of the Executive Committee.

(4) In the event of there being insufficient members to make a quorum at an Executive Committee Meeting, the business may be discussed by those present and brought forward for confirmation at the next meeting.

13. FINANCE

(1) The Honorary Treasurer shall keep all the usual books of account. Bank accounts shall be conducted with an Australian bank as defined in the Banking Act, 1959 (C’wlth). All withdrawals shall be signed by any two of the President, Secretary or Treasurer of the Association or other Executive Committee members as authorised by the Executive Committee.

(2) Investments shall be made only in Trustee Investments as specified in the Trustee Act 1898 as amended.

(3) The financial year shall be from 1st July to 30th June next.

(4) Any expenditure in excess of Fifty dollars ($50.00) must be ratified by the Executive Committee.

(5) The Honorary Treasurer shall produce –

(a) Statements of the financial position of the Association if required at any General Meeting.

(b) Financial Statements as at the end of the financial year audited in accordance with the Associations Incorporation Act 1964, as amended, to the next Annual General Meeting.

(c) Such statements as the Executive Committee shall require from time to time.

(6) All moneys received on behalf of the Association shall be paid directly into the Association’s banking account and all accounts shall be paid by cheque; except that accounts of less than fifty dollars ($50.00) may be paid in cash from petty cash holdings.

(7) Petty cash holdings may be held by the Secretary, Treasurer, Caretaker and Booking Officer or other officers authorised by the Executive committee.

14. NON-PROFIT CLAUSE

(1) (a) The income and property of the Association must be used and applied solely in promotion of its purposes and the exercise of its powers, and no proportion may be distributed paid or transferred directly or indirectly to or amongst the members.

(b) This rule does not prevent the payment in good faith of:

(i) interest to any member on money advanced by the member to the association or otherwise owing to the member;

(ii) remuneration to any officers or servants of the Association or to any member of the association for services actually rendered;

(iii) out of pocket expenses;

(iv) money lent;

(v) reasonable and proper charges for goods hired to the Association;

(vi) reasonable and proper rent for premises let to the Association;

(c) This rule does not prevent the provision of service to a member to which he would be entitled in accordance with the purposes if not a member.

(2) (a) If:

(i) the Association is wound up in accordance with the provisions of the Act; and

(ii) any property remains after satisfaction of all liabilities, it must not be paid to or distributed amongst the members.

(b) The surplus must be transferred to some other institution or institutions which:

(i) is charitable in purpose, and

(ii) prohibits the distribution of income and property amongst members to an extent at least as great as is imposed on the Association under this rule.

(c) The institution or institutions must be determined in accordance with a special resolution of the members of the Association, or, in the absence of such a resolution, by the Commissioner for Corporate Affairs.

15. HONORARY LIFE MEMBERS

(1) Any member of the Association who has given outstanding service to the community may be elected to Honorary Life Membership at an Annual General Meeting upon the recommendation of the Executive Committee.

(2) Any notice of election to Honorary Life Membership shall include the names of the then Honorary Life Members.

(3) The Honorary Secretary shall keep a register of all Honorary Life Members.

16. DELEGATES AND AFFILIATION

The Executive Committee may nominate up to three (3) delegates to kindred or community organisations as it sees fit.

17. BY-LAWS

The Executive Committee may make by-laws governing the letting and management of any real or personal property under its control and the conduct of such persons using same.

18. ALTERATIONS TO CONSTITUTION AND RULES

No amendment shall be made to the Constitution and Rules unless the same is agreed to by at least three quarters of those members present in General Meetings and provided that such notice of motion has been given at the General Meeting immediately preceding and the text of such motion has been notified to members in writing at least three (3) days prior to the meeting to which it is to be submitted.

19. WINDING-UP

(1) The Association may be wound up by any General Meeting if it is agreed to by not less than three-quarters of those members present at the meeting provided that members had been notified of such intention in writing at least three days prior to the meeting to which it is to be submitted.

(2) In the event of the Association being dissolved, any assets which remain after such dissolution and the satisfaction of all debts and liabilities shall be paid and applied by the committee in accordance with their powers to an organisation with similar objects to the Association, with preference being given to organisations based in the South Hobart area.

20. LIABILITY OF MEMBERS

The liability of each member of the Association for any debts or liabilities of the Association on its winding up shall be limited to ten dollars ($10.00).

21. SEAL

The seal of the Association shall be the word “seal” encircled by the name of the Association.]

22. ASSOCIATIONS INCORPORATION (MODEL RULES)

The Associations Incorporation (Model Rules) Regulations, 1965 as amended shall apply to the Association except where inconsistent with Clauses I to 21 of this Constitution.