Association_Constitution :Andalusian Horse Association of Australasia

ANDALUSIAN HORSE ASSOCIATION OF AUSTRALASIA

CONSTITUTION AND RULES

NAME

1 The name of the Association shall be "Andalusian Horse Association of Australasia".

OBJECTS

2. The objects for which the Association is established are:

(a) To maintain the purity of the Spanish Andalusian Horse in Australasia

(b) To foster the development of the Spanish Andalusian Horse and its derivatives and to educate, assist and instruct new breeders and owners.

(c) To promote in any way whatsoever the interests of breeders of Andalusian Horses in Australasia both pure and part‑bred.

(d) To act as the National Governing Body to whom other bodies can refer for guidance in all aspects of Association work.

(e) To promote good fellowship and sportsmanship amongst breeders and owners of Andalusian Horses.

(f) To compile, print and publish a stud book or other registers of Andalusian Horses in Australasia containing amongst other things and by way

of appendix part‑bred Andalusian Horses that the Association shall from time to time accept as being eligible for inclusion in such appendix.

(g) To print, publish or make contributions to any newspaper, periodicals, books or leaflets and to publish whether in print type or broadcast or

otherwise any information which the Association may think desirable for the promotion of its objects.

(h) To adopt such means of making known the objects and benefits of the Association as the Association may deem expedient and practical and to otherwise further the interests of members by advertising in the mass media, by circulars, by publications of books, periodicals and

articles, by broadcasting, by granting prizes, rewards and donations and by other means that the Association may deem expedient and

practical.

(i) To establish and maintain relations with other Societies formed to promote the welfare and interests of other breeds of horses.

(j) To support, join in, compete and assist in any Agricultural Show.

(k) To appoint Judges and stewards and to maintain a register of persons competent to judge Andalusian Horses.

(1) To hold and promote shows, exhibitions and demonstrations.

(m) To hold, promote, assist or join in assisting sales of horses registered in the Stud Book and or its appendix.

(n) To register with the Association and with other similar Societies brands of all descriptions and to register copyrights for the use of the Association and its members. To do all or any thing deemed necessary to promote the furtherance of the Andalusian Horse breed.

DEFINITIONS

"Act means the Associations Incorporation Act, 1895‑1969 of Western Australia and all regulations and amendments thereto.

".Association" means the Australasian Andalusian Association.

"Council means the duly elected President, Vice‑President and members of the Council of the Association.

"State Branch" means an organisation formed by the Association to further the objects of the Association. Neither the A.C.T., the Northern Territory nor New Zealand shall be either individually or collectively a state.

"Member" means a person registered in the records of the Association as a member of the Association.

"Office Bearer means a member of the Council of the Association including the President and Vice‑President.

".Regulations" means the Rules and By‑Laws (if any) of the Association made in accordance with the Constitution and Rules in force for the time being.

Words importing the male gender shall where the context reasonably permits include the female and neuter genders and the‑ singular shall also include the plural number.

Purebred "Spanish" Andalusian means an Andalusian Horse whose complete pedigree traces back only to horses registered in the Spanish Stud Book. Such horse may be branded with an "S" in conjunction with the Society or breeder brand.

"Australian" Andalusian means an Andalusian Horse who has been upgraded in accordance with the breeding programme laid down in the Constitution. Such horses must be branded with an "A" in conjunction with the Society or breeder brand.

POWERS OF ASSOCIATION

(a) To purchase, hold, take on lease, bill or otherwise acquire, maintain and improve or alter any buildings or other real property or personal property

for the purposes of the Association.

(b) To sell, exchange, lease, mortgage, hire, dispose of or turn to account of, or otherwise deal with all or any part of the real or personal property of the Association.

(c) To open and maintain a bank account and invest and deal with the monies of the Association not immediately required upon such securities and in such manner as may from time to time be determined.

(d) To borrow or raise or secure payment or money in such a manner as the Council shall think fit including the issue of debenture stock perpetual or otherwise of the property of the Association both present and future and to use, redeem or pay off such securities.

(e) To borrow money or rent both real and personal property from any member of the Association.

(f) To appoint, employ and pay Officers, employees and servants of the Association and from time to time suspend or dismiss the same.

(g) To establish or make contribution to any fund or otherwise make provision for the benefit of any employee or ex‑employee of the Association or their dependents and to subscribe money for any charitable object.

(h) To enter into all such negotiations and contracts and rescind and vary all such contracts and execute and do all such acts, deeds and things in the name and on behalf of the Association as the Council may consider expedient for or in relation to any of the purposes of the Association.

(i) To receive from any person or corporation who may desire to further the objects of the Association, gifts of money or property of any nature whatsoever and whether real or personal, moveable or immoveable and wheresoever situate.

(j)To form State Branches to further the objects of the Association.

(k) To do all things as are necessary for, or incidental to, the carrying on or carrying out of the foregoing special powers and also all such things as are necessary for or incidental to the carrying on of the ordinary business of the Association.

(1) To do all such things that are in the opinion of the Council incidental or conducive to the attainment of the objects of the Association or any of them.

MEMBERSHIP

(a) The membership of the Association shall consist of Full Members, Associate Members and Life Members. A Full Member shall be a member

who is the registered owner of a Horse or Horses in the Stud Book or Appendix thereto or in the Register kept by this Association. An

Associate Member shall be a member who is not a Full or Life Member. Each Member of the Association shall qualify for membership of any

State Branch nominated by such member.

(b) Any person, association or corporation may apply for membership of the Association provided however that:

(i) if two or more persons carrying on business in partnership become Full Members of the Association as partners all such partners shall

for the purpose of this Constitution be regarded as one member only and the partner who shall be entitled to exercise the rights and

privileges of membership shall be such one of the partners who are for the time being and from time to time nominated as such in

writing by all of the partners. The other partners shall be eligible to be Associate Members;

(ii) if two or more members are joint owners of any horse and shall be entitled to be Full members by virtue only of the ownership of that

horse, all of such joint owners shall for the purpose of this Constitution be regarded as one Full Member only and the joint owner who

shall be entitled to exercise the rights and privileges of Full Membership shall be such one of such joint owners who is for the time being

and from time to time nominated as such by all the joint owners. The other joint owners shall be eligible to be Associate Members;

(iii) if an association, company or body whether incorporated or not is a Full Member of the Association, then for the purpose of this

Constitution the association, company or body shall be regarded as one member only and the person whether director, employer or

employee who shall be entitled to exercise the rights and privileges of Full Membership shall be such person who is for the time being,

and from time to time nominated as such in writing by the association, company or body PROVIDED HOWEVER that if any

association or body whether incorporated or not owns Horses, yet is not a member, then by virtue of their interest in the Association or

body a director, member or employee of the Association or body may become a Full Member of this Association with all the rights and

privileges that attach thereto.

LIFE MEMBERSHIP

5. (a) Any person who is in the opinion of Council has rendered special and outstanding service to the Association may by recommendation by

the Council to the Annual General Meeting of the Association and carried by 3/5 of members at the Annual General Meeting of the

Association be appointed a Life Member of the Association.

(b) Every Life Member shall be entitled to all the privileges and be subject to all the duties and obligations of a Full Member and shall not be

liable for any subscription or levy.

ELECTION OF MEMBERS

6. (a) An applicant for Full Membership of the Association shall be proposed and seconded by any two Full Members. The application with the full name

and address of the applicant, proposer and seconder shall be delivered to the Secretary of the Association who shall refer it to the Council which

shall have the power to accept or reject the Application.

(b) An Applicant for Associate Membership of the Association shall furnish his full name and address to the Secretary of the Association who shall

refer the application to the Council which shall have the power to accept or reject the application.

(c) The Full Membership and Associate Membership fee shall be a sum as from time to time be determined by the Council and such a fee shall be paid

in the first instance together with the application for membership and thereafter on or before the date of the Annual General Meeting in each and

every year PROVIDED THAT no person under the age of eighteen (18) years shall have the right to become a member of the Council, Secretary

or Treasurer of the Association.

(d) Any member of the Association allowing his or her subscriptions to remain unpaid for thirty (30) days after the due date for membership payments

shall be considered to be in arrears and no member whose subscription is in arrears shall be entitled to compete for any prize offered to members of

the Association or to vote at any meeting of the Association or to enjoy any of the privileges of membership.

(e) If any person ceases to be a member of the Association for any reason he or she will not be entitled to a return of their membership fee or any

portion thereof.

VOTING RIGHTS OF MEMBERS

7. (a) Full Members and Life Members shall have the right to vote on all resolutions submitted to a general meeting. Each member entitled to vote may vote

in person, or by postal vote, or by proxy.

(b) Associate Members shall not be entitled to vote for the election of members of the Council, and shall not be entitled to vote on any resolution submitted

to a general meeting. Associate Members shall be entitled to receive notice of and attend and speak at all general meetings.

(c) The instrument appointing a proxy shall be in writing under the hand of the appointer or of his attorney duly authorised in writing or, if the appointer is a

corporation either under seal or under the hand of an officer or attorney duly authorised. The instrument appointing a proxy shall be in common or

usual form or in any form approved by the Council.

(d) The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that

power of authority shall be handed to the Secretary or the Chairman of the meeting fifteen (15) minutes prior to the beginning of the meeting at which

it is intended to use such proxy.

PROPERTY AND INCOME

8. The income and property of the Association shall be applied solely towards the promotion of its objects and no part thereof shall be paid or transferred, directly or indirectly by way of dividend, bonus or otherwise by way of pecuniary profit to the members PROVIDED THAT remuneration may be paid in good faith to officers and servants of the Association or other persons in return for services to the Association.

MANAGEMENT

(a) The general management of the Association shall be vested in a Council. The Council shall comprise eight (8) members who shall be elected by the Life and Full Members of the Association as hereinafter provided, and two (2) members of each State Branch who shall be elected by the Life and Full Members of that State Branch, by a ballot conducted by that State Branch, the result of which shall be reported to the Secretary of the Association prior to each Annual General Meeting of the Association.

(b) All Council members must be Life Members or financial Full Members of the Association.

(c) All officers of the Association shall be honorary and no member shall be allowed to make the Association a means of private speculation or trade.

NOMINATION AND METHOD OF ELECTION OF OFFICE BEARERS

10.

(a) The four (4) Council Members to be elected by the Life and Full Members of the Association shall be nominated in writing signed by the nominee and the proposer and seconder who shall be financial members of this Association and such nomination must be delivered to the Secretary not less than twenty‑eight (28) days before the Annual General Meeting. No unfinancial member may be nominated as an office bearer.

(b) Concurrent with issue of nomination forms, members to be advised of names of all Councillors, with note of those Councillors required to stand down for that election.

(c) If the number of nominations is equal to or less than, the number of vacancies to be filled, the President at the Annual General Meeting shall declare the nominated candidates duly elected.

(d) If the number of nominations exceeds the number of vacancies to be filled, the Secretary shall prepare a list of nominations and ballot papers and post the same to reach all Life and Full Members at least fourteen (14) clear days before the Annual General Meeting.

(e) Completed ballot papers must reach the Secretary before the commencement of the Annual General Meeting or placed in a ballot box provided at the place of the Annual General Meeting. Voting closes when the Annual General Meeting has opened.

(f) The President and Vice President shall be elected from the Council members by the Council members at the first Council meeting following the Annual General Meeting and will hold office until the conclusion of the next Annual General Meeting.

VOTING FOR OFFICE BEARERS

11. Voting for the four (4) Council Members referred to in Rule 10 shall be in writing and lodged with the Secretary before the Annual General Meeting. Only one vote per membership is allowed.

TERM OF OFFICE

12.

(a) The financial year of the Association shall commence on the first day of March in each year and conclude on the last day of February in the next year. The Annual General Meeting shall be held not later than one calendar month immediately after the end of each financial year.

(b) The term of office for all members of Council shall be two (2) years. One half of the Council Members elected by the Life and Full Members of the Association shall retire each year but shall be eligible for re‑election. The longest serving of those members shall retire first and if more than the number to retire have been in office for the same period then those to retire shall be decided by agreement between them or failing agreement, by a ballot conducted by the Secretary at least forty‑two (42) days before the Annual General Meeting. Similarly, one of the Council Members elected by each State Branch shall retire each year but shall be eligible for re‑election by the State Branch.

(c) The President and Vice‑President when elected shall hold office for one (1) year and then be required to stand for re‑election. The President cannot hold that position for more than three (3) consecutive years but may be re‑appointed to that office after a break of at least one year in the term of office if so desired. When there creased to be a President or Vice‑President members of the Council shall elect those officers.

(d) The Association in General Meeting may remove any Council Member (including the President or the Vice‑President) before the expiration of his period of office and may appoint another person in his stead; the person so appointed shall be subject to retirement at the same time as if he had become a Council Member on the date on which the Council Member in whose place he is appointed was last elected a Council Member.

(e) The office of Council Member (including President and Vice President) shall become vacant if the Council Member ‑

(i) becomes bankrupt or makes any arrangement or composition with his creditors generally;

(ii) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health;

(iii) resigns his office by notice in writing to the Secretary;

(iv) has been removed from office pursuant to sub‑rules (e) and(g) hereof,

(v) ceases to be a Full Member or a Life Member of the Association.

(f) Any Council Member being absent for three (3) consecutive Council Meetings without a reasonable cause may be removed from office and have his position declared vacant. The Council shall be the sole judge as to whether an excuse tendered is reasonable.

VACANCIES

13.

(a) Vacancies in the number of office bearers (including the President or the Vice‑President) caused by death, resignation or otherwise and occurring at any time between two Annual General Meetings shall be notified by the Secretary of the Council on the notice paper convening the first Council Meeting held thereafter and all such vacancies may be filled by the Council at that or any subsequent meeting. Any members so appointed shall retain office only until the next Annual General Meeting.

(b) In the case of any vacancy arising in the office of Auditor through any cause prior to the date of the Annual General Meeting such vacancy shall be filled by the Council and the person or firm so appointed will hold office until the first day of the month following the Annual General Meeting.

COUNCIL MEETINGS

14.

(a) Meetings of the Council shall be held at such times as the President considers necessary PROVIDED HOWEVER THAT a meeting of the Council shall be held at least once in every financial year.

(b) Meetings may be held at any place the Council deems fit.

(c) Meetings may be held by telephone, facsimile transmission or letter provided that each Council Member shall receive written notification of the proposed meeting and all business to be discussed thereat at least twenty‑one (2 1) days before the date of the proposed meeting and provided further that the written assent of a quorum of the Council Members to the holding of the meeting is received by the Secretary at least seven (7) days before the date of the proposed meeting. Only business notified to Council Members may be discussed at any such meeting.

CONVENING COUNCIL MEETINGS

15.

(a) The Secretary shall convene meetings of the Council by notifying each member of the Council in such manner as the Council shall decide.

(b) The President may convene a special meeting of the Council at any time and he shall call a special meeting of the Council on the written request by a majority of members of the Council.

DUTIES OF OFFICE BEARERS, SECRETARY AND TREASURER

16.

(a) The President shall act as Chairperson of all meetings of the Association or of the Council and in his absence the Vice‑President or in his absence a member of the Council elected by the meeting.

(b) The Secretary shall record and read the minutes of all meetings, attend to correspondence, issue notices of meetings, maintain an attendance book and a record of all shows, parades and awards and such other records as the Council shall from time to time direct.

(c) The Treasurer shall receive all monies payable to the Association, give receipts for the same and bank all such monies in the banking account of the Association. He shall present an audited balance sheet of the finances of the Association at each Annual General Meeting and keep proper books of account setting out the Association's receipts and expenditure in the accepted manner.

FINANCE

17.

(a) All expenses incurred by the Secretary, Treasurer or any member for or on behalf of the Association on the authority of the Council shall be paid out of the funds of the Association.

(b) All monies of the Association shall be paid into a current account of the Association at such bank as the Council shall from time to time direct and no money shall be drawn from the account except by cheque signed by at least two persons comprising one of either the Secretary, Treasurer or President together with such person being either the Secretary, Treasurer, President or such other person as may from time to time be authorised by the President in writing.