State Branch Regulations

NAME

1.  The name of the State Branch is “The Andalusian Horse Association of Australasia Inc. (             Branch)” 

OBJECTS 

2.  The objects for which the State Branch is formed are: 

     (a)     To facilitate the implementation of the objects of The Andalusian Horse Association of Australasia Inc. (“AHAA”); and  

     (b)     To elect delegates to the Council of the AHAA

STATE BRANCH MEMBERSHIP 

3.   (a)     Life Members, financial Full Members and Associate Members of the AHAA shall be registered as members of the State Branch for the state in which they reside. 

     (b)     Members residing within a 200 kilometre radius of a state border may opt to be more active in the State Branch of the adjoining State      and be added to the mailing lists of the adjoining state. 

     (c)     If a member of the State Branch shall cease to be a member of the AHAA, he shall ipso facto cease to be a member of the State Branch. 

     (d)     Any member who resides within a 200 kilometre radius of a state border is eligible to become a Committee member of the State Branch        of the adjoining state. 

     (e)     In respect of paragraph 3(d), a member may be a Committee member of only one State Branch at any given time. 

MANAGEMENT 

4.   (a)     The general management of the State Branch shall be vested in a committee comprising not less than four (4) and not more than nine (9) members of the State Branch. 

     (b)     At least fifty per cent (50%) of the committee shall comprise Full Members and/or Life Members. 

     (c)     The Committee may co-opt other members of the State Branch for specific purposes but such co-opted members shall not be          entitled to vote at meetings of the Committee. 

     (d)     At the first Committee meeting after the Annual General Meeting in each year, the members of the Committee shall elect a Chairperson from among their number and shall appoint persons to act as Secretary and Treasurer or one person to act as Secretary/Treasurer. 

     (e)     The Secretary and Treasurer or the Secretary/Treasurer shall hold that Position until the first Committee meeting after the next Annual General Meeting but shall be eligible for reappointment. 

     (f)     Membership of the Committee shall be honorary and no member of the Committee shall be allowed to make the State Branch a means of private speculation or trade PROVIDED THAT the Committee may approve reimbursement of reasonable out of pocket expenses incurred by any Committee Member in performing the duties of his office. 

     (g)     The members of the State Branch in General Meeting may define geographical areas within the territory for which the State Branch has been formed and prescribe the basis upon which such areas are to be represented by candidates for election to the committee. 

ELECTION OF COMMITTEE 

5.   (a)     Members of the Committee shall be elected by the financial members of the State Branch. 

     (b)     No person shall be eligible for election to the Committee who -
              (i)  has failed to pay all fees and levies due by him to the AHAA or to the State Branch; or
              (ii)  holds office in any other association or body having objects similar to those of the AHAA.

     (c)     Each candidate for election to the Committee shall be nominated and seconded by financial members of the State Branch. 

     (d)     Nominations for Committee positions may be received in writing (signed by the nominee, the      proposer and the seconder) or may be received verbally at an Annual General Meeting. 

     (e)     If the number of nominations is equal to the number of vacancies to be filled, The Chairperson at the Annual General Meeting shall declare the nominated candidates duly elected. 

     (f)     If the number of nominations is less than the number of vacancies to be filled, The Chairperson at the Annual General Meeting shall declare the nominated candidates duly elected and the remaining vacancies shall be filled by nomination of the elected committee. 

     (g)     If the number of nominations exceeds the number of vacancies to be filled, the Chairperson shall organise for voting to take place during the Annual General Meeting by written and confidential ballot. 

     (h)     The candidates polling the most votes shall be duly elected to the vacancies to be filled. 

     (i)     The Chairperson may appoint scrutineers to count the votes and his decision concerning any matter relating to the election shall be final. 

ELECTION OF DELEGATES 

6.   (a)     The State Branch shall be represented on the Council of the AHAA by a maximum of two                       delegates elected at an Annual General Meeting of the State Branch. 

     (b)     Delegates must be full financial members of the AHAA.   

     (c)     At the first Annual General Meeting of the State Branch, two delegates shall be elected, one for a term of one year and the other for a term of two years. 

     (d)     The term of office for State Delegates elected at an Annual General Meeting other than the first Annual General Meeting shall be two (2) years. One of the State Delegates elected shall retire each year but shall be eligible for re‑election. The longest serving State Delegate shall retire  first. 

     (e)     Each delegate shall be an ex officio member of the Committee and entitled to vote at Committee   Meetings during the term of his Appointment.

TERM OF OFFICE 

7.   (a)     Members of the Committee and shall each hold office for a term of one (1) year. 

     (b)     Members of the Committee shall retire each year but be eligible for re-election. 

     (c)     The State Secretary shall notify the Secretary of the AHAA in writing of the election or appointment of a delegate or delegates and also the composition of the new Committee within seven (7) days after an election or appointment. 

CASUAL VACANCIES 

8.   (a)      Vacancies in the number of office bearers (caused by death, resignation or otherwise and occurring at any time between two Annual General Meetings may be filled by the State Branch Committee at that or any subsequent meeting.  Any members so appointed shall retain                                                                                                 office until the next Annual General Meeting. 

     (b)     If the position of a Committee Member shall become vacant, the Committee shall appoint a member of the State Branch to fill the vacancy for the unexpired term of the person vacating the position. 

     (c)     If the position of a delegate shall become vacant, the Committee shall elect or appoint a replacement in the same manner as prescribed in Rule 6 to fill the vacancy for the unexpired term of the person vacating the position. 

     (d)      The Chairperson shall hold office for a term of one (1) year and shall be eligible for re-election.  If a person is elected Chairperson for three (3) consecutive years, he shall thereafter be ineligible for re-election until he has ceased to be Chairperson for a period of at least one (1) year. 

     (e)     If the office of Chairperson shall become vacant, the Committee Members shall elect a replacement Chairperson from among their number and such replacement shall hold office until the next Annual General Meeting.

 VOTING RIGHTS 

9.   (a)     All Life Members, financial Full Members and Associate Members shall be entitled to vote at General Meetings of the State Branch.

     (b)     Each member shall have one vote only and may vote in person or by postal or electronic vote by email addressed only to the secretary, or by proxy. 

     (c)     At all General Meeting, the Chairperson shall have a deliberate vote and, in case of equality of votes, a second or casting vote. 

     (d)     Except on the election of the Committee, a member may vote by proxy. 

     (e)     The instrument appointing a proxy shall be in such form as approved by Council of the AHAA and signed by the appointer. 

     (f)     The instrument appointing a proxy shall be delivered to the Secretary prior to or during the meeting at which the proxy is intended to be used. 

ANNUAL GENERAL MEETINGS 

10.  (a)     The financial year of the State Branch shall commence on the first day of October in each year and conclude on the thirtieth day of September in the following year. 

     (b)     An Annual General Meeting of the State Branch shall be held once in every calendar year. 

     (c)     At the Annual General Meeting the State Branch shall –
             (i)     Elect the members of the Committee;
             (ii)     Consider the Annual Report and annual Statement of Accounts; and
             (iii)     Deal with any other business with which it is competent to deal under these rules. 

     (d)     At least twenty-eight (28) days notice (exclusive of the day on which notice is served or deemed to be served but inclusive of the day for which notice is given) shall be given to all members of the State Branch specifying the place, date and hour of meeting and in the case of special business the general nature of such business. 

     (c)     Within twenty-eight (28) days after receiving a written requisition of not less than ten (10) per cent of the financial members delivered personally or addressed to the Secretary at the postal address of the State Branch, the Secretary shall convene an Extraordinary General Meeting to be held not less than (14) days and not more than twenty-eight (28) days after receipt of such requisition.  If the Secretary fails to convene the meeting as aforesaid, the  requisitioners may convene the meeting but any meeting so convened shall not be held after the expiration of three (3) months from the date of the meeting and such a meeting shall be convened in the same manner as that in which General Meetings are to be convened by the committee.  The reasonable costs incurred by the requisitioners in convening such meeting shall be reimbursed out of the funds of the State Branch unless the Extraordinary General Meeting shall resolve otherwise. 

     (d)     No business shall be transacted at any Extraordinary General Meeting other than that for which it is convened.

QUORUM
 

11.  (a)     If within fifteen (15) minutes from the time appointed for a General Meeting a quorum is not present, the meeting, if convened upon a requisition of members, shall be dissolved.  In any other case, the meeting shall stand adjourned to the same day in the next week at the same time and place or to such other day, time and place as the Committee shall by notice to the members appoint. 

     (b)     At the Annual General Meetings five (5) per cent of the number of financial members shall form a quorum and, at all Committee Meetings, four (4) members of the Committee shall form a quorum. 

COMMITTEE MEETINGS 

12.  (a)     Meetings of the Committee shall be held at such times as the Chairperson considers necessary provided however that a meeting of the Committee shall be held at least once in each financial year. 

     (b)     Meetings of the Committee shall be held at any place the Committee deems fits. 

     (c)     The Secretary shall convene Committee Meetings by notifying each member of the Committee in such a manner as the Committee shall from time to time determine. 

     (d)     The Chairperson shall convene a meeting of the Committee on the written request of a majority of the members of the Committee. 

     (e)     The Chairperson or in his absence a member of the Committee elected by those present at the meeting shall preside at all meetings of the Committee.                      

SECRETARY 

13.  (a)     The Secretary shall be appointed by the Committee and may be removed from office by the Chairperson with the approval of the Committee. 

     (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 Committee shall from time to time direct. 

     (c)     Within fourteen (14) days after the date of the Annual General Meeting each year, the Secretary shall forward a copy of the AGM Minutes to the AHAA Federal Secretary. 

     (d)     The Secretary from time to time shall obtain from the Federal Secretary an up to date alphabetical list of all Members of the State Branch which shall include the full name and current address membership category and financial status of each member. 

TREASURER 

14.  (a)     The Treasurer shall be appointed by the Committee and may be removed from office by the Chairperson with the approval of the Committee.

     (b)     The Treasurer shall receive all monies due to the AHAA and paid to the State Branch, give receipts for the same and promptly pay the same into a bank account in the name of the State Branch as designated in Rule 1. 

     (c)     The Treasurer shall keep proper books of accounts setting out the receipts and expenditure of State Branch in such manner as the Committee shall from time to time direct and present an Audited Balance Sheet and Statement of Receipts and Expenditure at each Annual General Meeting. 

     (d)     Within fourteen (14) days after the date of the Annual General Meeting each year, the treasurer shall forward a copy of the Balance Sheet and Statement of Receipts and Expenditure to the AHAA Federal Secretary.

FINANCE

 15.  (a)     All monies received by the State Branch shall be held on behalf of the AHAA. 

     (b)     The bank account referred to in Rule 14(b) shall be a such bank as the Committee shall from time to time direct. 

     (c)     No monies shall be drawn from the bank account except by a cheque signed by the Secretary or the Treasurer (or the Secretary/Treasurer) and the Chairperson. 

     (d)     Funds held by the State Branch shall be under the control of the Committee subject to any overriding direction received from the Council of the AHAA. 

      (e)     All reasonable expenses incurred by the Secretary, Treasurer, Delegates or any Member for or on behalf of the State Branch shall, on the authority of the Committee, be paid out of the funds held by the State Branch.  

ACCOUNTS
 

16.  (a)     The State Branch shall cause to be kept books of accounts in which shall be kept full, true and complete accounts of the affairs and transactions conducted by the State Branch of the AHAA. 

     (b)     Such books of account shall be kept at such place or places as the Committee thinks fit and shall always be open for inspection by the Committee and by the Council of the AHAA. 

     (c)     The Committee shall cause a Balance Sheet and Statement of Receipts and Expenditure to be prepared up to date not earlier that one (1) calendar month immediately before each Annual General Meeting. 

     (d)     Such Balance Sheet and Statements shall also show the investments representing the funds held by the State Branch of the AHAA at the beginning and end of the period of the accounts and all expenditure of the State Branch during such period indicating precisely how such expenditure was applied in furtherance of the objects of the State Branch. 

RESCINDING RESOLUTIONS
 

17.  No motion which, if carried, would have the effect of rescinding any resolution previously passed at any General Meeting shall be entertained unless notice of intention to move the same shall have been given in writing to the Secretary at least twenty-eight (28) days prior to the holding of the meeting at which it is proposed to move such resolution.

DISCIPLINE
 

18.  If it shall come to the notice of the Committee that any member of the State Branch has acted in a manner which might reasonably be regarded as contravening the Rules of the AHAA, the Committee shall report the matter to the Secretary of the AHAA who shall refer it to the Council of the AHAA for appropriate action.

19.  If a member has acted in a manner which might reasonably be regarded as contravening the Rules of the AHAA: 

     (a)     For the first breach/violation, a written warning will be issued

     (b)     For the second breach or violation, a suspension of membership for a period of three months or     such time as designated by the majority vote of the Committee of the AHAA

     (c)     Any member of the Executive or general committee so suspended must return all books, material and/or other working documents which are the property of the AHAA within 7 days to the Secretary for safe keeping during the period of suspension.

     (d)     A member who has accused of breaching/violating the Rules has 21 days to provide one written explanation as to their conduct for consideration by the AHAA.

     (e)     A Member deemed guilty of breaching the Code of Conduct has 21 days to appeal the decision of the AHAA

     (f)     This section must at all times be accordance with the laws of Australia and the principles of Natural Justice.

POWERS
 

20.  (a)     The State Branch shall have such powers as are necessary to facilitate the attainment of the objects of the AHAA as defined in Rule 2 of the Rules of the AHAA 

     (b)     In exercising such powers, the State Branch, whether acting in General Meeting or by its Committee, shall do so as agent for and on behalf of the AHAA and shall comply with all Directions received from the AHAA.

INDEMNITY
 

21.  (a)     The AHAA agrees to indemnify every Committee Member, Secretary, Treasurer and member of  the State Branch and their executors and Administrators against, and to pay out of the funds of the AHAA (including any funds held by the State Branch on its behalf), all costs, losses and expenses which any such Committee Member, Secretary, Treasurer or member of the State Branch may incur or become Liable for by reason of any contract entered into or act or thing done by him as such Committee Member, Secretary, Treasurer, Auditor or member in the                discharge of his duties on behalf of the AHAA or the State Branch including travelling expenses except as a result of his own neglect and default and the account for which such indemnity is provided shall immediately attach his Lien on the property of the AHAA (including property held by the State Branch held on behalf of the AHAA) and have priority as between members over all other claims. 

     (b)     The indemnity referred to in (a) shall extend to any and all liability incurred by the Committee member, Secretary, Treasurer or member in defending any proceedings whether civil criminal in which judgement is given in his favour or in which he is acquitted.

     (c)     No member of the State Branch shall be liable for the acts or omissions of any other member by reason of having joined in any receipt not received by him personally or for any loss on account of default of title to any property acquired by the State Branch or on account of the insufficiency of any security in or upon which monies held by the State Branch shall be invested or for any loss incurred through any banker, broken or other agent or upon any ground whatever other than his own negligence, default or breach of duty or trust.

WINDING UP
 

22.  a)     The State Branch may be wound up by -
               (i)     a special resolution passed by three-fourths of its members entitled to vote and voting in person, by postal vote, or by proxy at a General Meeting of the State Branch convened for that purpose and of which notice of motion has been given to all members of the State Branch at least thirty (30) days before such meetings. 

               (ii)        a special resolution of the AHAA passed by three-fourths of its members entitled to vote and voting in person, by postal or vote, by email or by proxy at a General Meeting of the AHAA.  The AHAA shall pay all outstanding liabilities of the State Branch out of the funds held by State Branch and the balance (if any) of such funds shall be transferred to the bank account of the AHAA. 

DEFINITION
 

23.  In these Rules, words importing the male gender shall where the context reasonably permits include the female and neuter genders and the singular number shall also include the plural number.