The name of the organisation is the Tasmanian Canine Association Inc
and in this Constitution the organisation is referred to as ‘the
TCA Inc’ or ‘Company’. The office of the organisation
shall be at such place as the Council may determine.
In this Constitution, words importing the singular or plural number include the
plural and singular number respectively and words of any gender shall include
either gender and where the Regulations of the TCA Inc are written, it refers
to the Rules made under those Regulations and, where more than one person accepts
liability under the terms hereof or under the Regulations of the TCA Inc hereof,
such conditions shall be jointly or severally.
1. OBJECTS OF THE ASSOCIATION
The objects of the Tasmanian Canine Association Inc shall be:
1.1 To encourage and promote in every
way and raise the standard of the recreation and sport, the standard of breeding,
exhibition, training and trialling of pure bred dogs and to educate the membership
of the TCA Inc and the general public in relation to all aspects of dogs including
those not eligible to be entered on the purebred register.
1.2 Mindful of the laws of natural justice
and common law, to draw up and provide Regulations:
1.2.1 Under which the council
may grant permission to conduct championship shows, open shows and/ or parades,
field and/or retrieving and/or obedience and/or tracking and/or agility trials
and/or herding trials.
1.2.2 for the allocation
of show and/or parade and/or trial dates.
1.2.3 for the regulation and control
of all such shows, parades and trials.
1.2.4 For any purpose connected
with the objects of the TCA Inc.
1.2.5 To have power to disqualify,
suspend, declare ineligible to compete, to fine and/or impose any other such
penalty for infringement of this Constitution, the Regulations of the TCA Inc,
subject to Sub-Clause 1.23.
1.3 To prescribe a Code of Ethics of
Responsible Dog Ownership and any codes of practice, adopted by the Association
at any time, including the keeping, welfare, breeding, selling and disposal of
dogs by its members and to alter or add to the same from time to time as the
Council may determine and to make Regulations relating to the said Code of Ethics,
including disciplinary Regulations for breach of the Code.
1.4 To protect the interests
of members at all times, including whilst at championship and open shows, parades
and all trials.
1.5 Registers
1.5.1 To
keep and maintain a canine register of purebred dogs born in Tasmania
and of dogs which are imported into Tasmania which are registered on a purebred
canine register recognised as such by the TCA Inc. Council and the ownership
thereof.
1.5.2 To
keep and maintain an associate register of dogs, ineligible for registration
on the main or limited register and the ownership thereof, which the
TCA Inc Council in its sole discretion considers eligible to compete
in an obedience trial, tracking trial, agility trial, herding trial or
other sanctioned event that is conducted as a recognised exhibition.
1.5.3 To
keep and maintain a register of breeders’ prefixes
1.54 To
make Regulations for the registers and registrations.
1.6 To compile and publish stud
books.
1.7 To draw up Regulations
for affiliation of kindred bodies and
to grant or withhold or suspend affiliation, in accordance with the
Regulations of the TCA Inc.
1.8 To either give or contribute towards
prizes, medals and awards in connection with championship/open shows and/or parades
of dogs, all trials, competitions and/or matches and to promote and support displays
and entertainments
1.9 To afford means of reference for
the amicable settlement of disputes or complaints (of all kinds) between affiliated
clubs and the members, which may be submitted to the Council for investigation
or decision and prevent where possible, any illegal and dishonest practices associated
with dogs and canine exhibitions.
1.10 To purchase, lease, hire, obtain or acquire
any property, whether real or personal, that may be necessary or desirable for
the carrying out or furtherance of any of the objects of the TCA Inc and to mortgage,
charge, encumber, lease or otherwise deal with any property in such manner and
on such terms as the TCA Inc may determine.
1.11 To invest such funds of the TCA Inc, not immediately
required, in such manner as the Council may determine.
1.12 To employ secretaries, clerks, managers or
any other personnel and to pay to them, in return for services rendered to the
TCA Inc, salaries, wages and gratuities.
1.13 To subscribe to and become associated or affiliated
with any other body whose objects are kindred to the objects of the TCA Inc.
1.14 To legislate, to make Regulations and to issue
special instructions and to do all other acts, matters and things as may be necessary
or expedient to promote all or any of the objects of the TCA Inc or matters incidental
thereto.
1.15 To have the power to make, repeal, suspend,
vary or add to the Constitution, Regulations, or any part thereof, for the carrying
out of the objects of the TCA Inc, or any of them, including the power to make
Regulations governing any matter referred to in this Constitution as subject
to or governed by any Regulations.
1.16 To levy fees for membership, affiliation, registrations
of dogs and prefixes, transfer of ownership certificates, pedigrees, books of
Constitution, Regulations and or for any other purpose which is desirable to
carry out the objects of TCA Inc.
1.17 To approve titles, issue certificates and to
make Regulations therefore.
1.18 To hear appeals against disqualification or
suspensions, imposed by an affiliated body, from exhibitors or members, from
owners of dogs who are themselves or whose dogs have been disqualified or suspended
by an affiliated body, and to either endorse, quash or vary such disqualification
or suspension.
1.19 To appoint committees and/or sub-committees,
with the power to co-opt, and to delegate such powers to such committees and
sub-committees as are necessary or considered expedient for the carrying out
of the objects of the TCA Inc, pursuant to this Constitution, the Regulations.
1.20 To deal with applications received from an
affiliated body for permission to ‘wind up’ and, in the event of
such application being granted, to receive any records, money and/or property
upon such body being wound up and to hold the same in trust for a period of at
least seven (7) years. After the expiration of that time, monies and/or properties
may be used by the TCA Inc for the furtherance of canine affairs in Tasmania
in such manner as the Council deems fit. In the event of any affiliated body
becoming defunct, to receive any records money and/or property of such body and
to deal with the same in the same manner as if the body had been wound up.
1.21 To compile and maintain an approved panel of
judges for canine competitions.
1.22 Without limiting the generality thereof, to
do all things as are conducive or incidental to the promotion of the objects
of the TCA Inc.
1.23 Notwithstanding herein before or hereinafter
stated, the Council of the TCA Inc may, in its absolute discretion, suspend the
Regulations or any part thereof.
2. MEMBERSHIP
2.1 Where in this Constitution,
Regulations made under the Regulations, there is reference to ‘member’ or ‘membership’,
that reference shall be construed to be a reference to an ordinary
member or membership (or pensioner or secondary member) respectively,
unless the context indicates otherwise.
The financial year runs from 1st January in one year to 31st December
next following.
3. CATEGORIES OF MEMBERSHIP
Subject to the Constitution, the categories of membership shall be as
follows:
3.1 Ordinary membership
3.2 Associate membership
3.3 Junior membership
3.4 Pensioner membership
3.5 Secondary membership
4. A right, privilege
or obligation of a person by virtue of their membership of the Association:
4.1 Is
not capable of being transferred or transmitted to another person or
4.2 Terminates
upon the cessation of their membership, whether by death, resignation or otherwise.
5. ORDINARY MEMBERSHIP:
5.1 Subject to this Constitution, ordinary
membership shall be open to any adult but shall not be open to a partnership
or syndicate or body of persons or unincorporated association. Ordinary membership
shall carry with it all the rights and privileges of membership of the TCA
Inc, including the right to form partnerships or syndicates.
5.2 Where a number of ordinary
members form partnerships or syndicates for the purpose of breeding, leasing,
transferring, exhibiting or such other canine activity, they must lodge duly
completed authorities for approval by the TCA Inc together with the current
prescribed fee.
5.3 Subject to this Constitution,
associate membership shall be open to any person but shall not be open to a
partnership or body of persons or an unincorporated association and shall carry
with it only the privileges of eligibility to serve on any committee appointed
by or under the auspices of the TCA Inc and to apply to be placed on the stewards
panel and no other rights and privileges of whatever nature.
5.4 Junior membership shall
be open to any person seven (7) years and under eighteen (18) years of age,
where at least one (1) parent or guardian is an ordinary member and such membership
shall carry with it the right of the person to own and exhibit dogs steward
and be a member of any Junior Kennel Club and no other rights and privileges
of whatever nature or kind.
5.5 Syndicates shall be open
only to members of the TCA Inc and shall carry only the rights for the syndicate
to register ownership of and exhibit any dog or dogs under its name and no
other rights or privileges of whatever nature or kind.
5.6 A Junior may be a member
of a syndicate/partnership provided there is at least one (1) ordinary member
in such syndicate/partnership.
5.7 Where a syndicate or partnership
commits a breach of the Regulations, the members of such syndicate or partnership
shall be dealt with individually and, where a member of such syndicate or partnership
is found to have not breached the Regulations, they may continue to enjoy the
privilege of ordinary membership even though they lose privileges as a member
of a syndicate or partnership.
5.8 Any person, subject to Clause
6, shall be eligible to be submitted for election as a member of the TCA Inc
on payment of the sum set out in the current scale of charges.
5.9 Application for membership shall
be on such form or in such manner as may from time to time be prescribed
by the Council.
5.10 The name of every person applying for membership
shall be submitted to the Council for confirmation of such membership, or otherwise,
but any three (3) members of the Council may demand a ballot and, if such ballot
is held, one adverse vote in three shall exclude such person from membership
and their membership subscription shall be refunded.
5.11 The Council shall have power to refuse confirmation
of membership at any time.
5.12 On election, the applicant shall become possessed
of the rights and privileges of membership for a twelve month period, until
the end of the month in which they joined the Association, provided they shall
not receive the rights and privileges specifically set out for financial members,
at any time whilst their membership subscription is due and unpaid (subject
to Clause 6).
5.13 The privileges of membership shall include:
5.13.1 The
right to be appointed or elected to the Council of the TCA Inc subject to Clause
10.
5.13.2 The
right to attend the Annual General Meeting of the TCA Inc.
5.13.4 The
right to register such dogs in the Main or Limited Register as are bred, purchased
or leased by them, at the fee set out in the current scale of charges.
5.13.4 All
member subscriptions shall become due and payable on the last day of the month
in which the anniversary of the members admission to the TCA Inc falls and
that member has been duly confirmed by Council pursuant to Clause 5.10 and
a member ceases to be a member if the annual membership fee prescribed by Council
has not been paid within 30 days of that date.
5.13.5 No
person, resident in Tasmania, shall register a dog with the TCA Inc for breeding
and/or exhibition unless they are a current financial member of the TCA Inc.
6. LIFE MEMBERSHIP:
6.1 The Council may recommend
the awarding of Life Membership in accordance with the following:
6.1.1 Life Membership will only be granted to any person
who has rendered outstanding service to the TCA Inc over a period of at least
fifteen (15) years.
6.1.2 Granting of Life Membership shall be by way of
notice of motion for the Annual General Meeting of the TCA Inc.
6.1.3 Clause 6.1.1 shall not be varied, repealed, or
amended save at a meeting of the Council, convened on that behalf, and carried
by a majority of two-thirds of the members of the Council, present and voting.
7. MEMBERS OF INTERSTATE CONTROLS:
7.1 Should a person be disqualified,
suspended or declared ineligible to compete by any member body of the
Australian National Kennel Council i.e. Royal New South Wales Canine
Council Ltd.; Victorian Canine Association Inc, Canine Control Council
(Queensland), South Australian Canine Association Inc, Canine Association
of Western Australia Inc, Canberra Kennel Association Inc, North Australian
Canine Association Inc, then such person shall not be eligible to compete
or take part in any exhibition, held under the Regulations of the Tasmanian
Canine Association Inc nor obtain any of the rights and privileges
herein provided for members of the Tasmanian Canine Association Inc.
8. ANNUAL GENERAL MEETING:
8.1 One (1) Annual
General Meeting of members of the TCA Inc shall be held not
later than the last day of March in each year. Such General Meeting
shall be held alternatively in Hobart and Launceston commencing in
the year 2000 with the meeting being held in Launceston and that the
meeting shall be convened on a Saturday, Sunday or a public holiday.
The date for the Annual General Meeting shall be set two (2) years
in advance. Twenty (20) members shall form a quorum.
8.2 A notice summoning such
Annual General Meeting of members of the TCA Inc shall be by notice
in the ‘TCA Inc Gazette’ and/or press and not less than
twenty-eight (28) days clear of the date appointed for such meeting
and any member may apply to the TCA Inc office for the Notices of Motion
lodged for the AGM to be posted prior to the meeting.
8.3 Notice of business
for discussion at this meeting must be lodged, in writing with the
Executive Officer, fourteen (14) days prior to the meeting.
8.4 If within thirty
(30) minutes after the appointed time for the commencement of the Annual
General Meeting, a quorum is not present the meeting shall stand adjourned
to the same day in the next week, at the same time and the same place
and if, at the
Adjourned meeting, a quorum is not present within thirty (30) minutes
after the time appointed for the commencement of the meeting, the meeting
shall be dissolved.
8.5 The Executive Officer shall have
available at the Annual General Meeting of members the audited Financial Report
and President's Report and adequate time shall be allowed for the members present
to read such reports prior to those reports being put to the vote.
8.6 At the Annual General Meeting
of the TCA Inc the membership shall appoint the auditor.
9. SPECIAL GENERAL MEETING:
9.1 A Special General Meeting of members
of the TCA Inc may be summoned by the Council or upon requisition of 10% of
the members. Such Special General Meeting shall be approved by the Council
which shall set the date and time on which the said meeting will be held. The
summons shall by as defined in Clause 8.2.
9.2 A requisition for a Special General
Meeting shall state the objects of the meeting and shall be signed by the requisitions
and lodged at the office of the Association and may consist of several documents
in the like form, each signed by one or more of the requisitions.
9.3 If the Council does not cause
the Special General Meeting to be held within twenty-one (21) days from the
date on which a requisition therefore is lodged at the office of the Association
the requisitions, or any of them, may convene the meeting but any meeting so
convened shall not be held after three (3) months from the date of the lodgment
of the requisition.
9.4 A Special General Meeting convened
by requisitions pursuant to these Rules shall be convened in the same manner
as nearly as possible as that in which those meetings are convened by the Council
and all reasonable expenses incurred in convening the meeting shall be refunded
by the Association to the persons incurring them.
9.5 If, within thirty (30)
minutes after the appointed time for the commencement of the general meeting,
a quorum is not present the meeting, if convened upon the requisition of members,
shall be dissolved.
9.6 At General Meetings, the
President, Vice Presidents, and Councillor or, in their absence, a member from
amongst those present may, in this order, be elected to chair such meetings.
9.7 At General Meetings
no business shall be considered or discussed other than that of which
notice has been given, in accordance with clause 8.2, or any other matter
which, in the opinion of the Chairman of the meeting, shall arise out
of such business.
9.8 At all General Meetings,
when a question of order or practice arises, the ruling of the Chairman
of the meeting shall be final.
10. COMPOSITION OF THE COUNCIL
10.1 There shall be a governing Council
composed of twelve (12) Councillors, herein after called the ‘Council’,
the members of which shall be elected for a three year term. Each year
the term of four (4) Councillors will expire on a rotational basis
and an election held in accordance with Clause 15.
10.1.1 Retiring
Councillors are eligible to be re-nominated, subject to t the
Constitution of the TCA Inc.
10.1.2 Eligible
financial members of the TCA Inc may nominate and vote for any candidate
for election to Council subject to compliance with the Constitution
of the TCA Inc.
10.2 The Executive of the governing council
shall consist of the President (subject to Clause 18), 2 Vice Presidents
(subject clause 19) and the Honorable Treasurer (subject clause 20)
as elected by the Council of the Tasmanian Canine Association Inc.
10.2.1 The
President shall exercise general supervision over all affairs of the
Association. He/she shall have the right ex officio to attend any or
all of the Association’s sub committee meetings.
10.2.2 The
Vice President/s shall assist the President and in the absence of the
President may be appointed to officiate as President.
10.2.3 The
Executive shall have such other powers as are delegated by the Council
of the Tasmanian Canine Association Inc; it shall not commit the Association
to any major financial expenditure or legal liability without agreement
of Council.
10.2.4 The
Executive shall report all its actions to the next governing Council
meeting.
10.2.5 The
quorum for all Executive Meetings shall be 3 of the 4 Executive members.
10.3 The Council shall control and manage
the business affairs of the TCA Inc and may exercise and perform all
the affairs of the TCA Inc. and has the power to do anything that appears
to the Council to be essential to the proper management of the business
and affairs of the TCA Inc.
11. ELECTION OF COUNCILLORS:
11.1 The election of Councillors shall
be by ballot, and not less than twenty-eight (28) clear day’s
notice of election shall be given as prescribed in clause 8.2 hereof
for General Meetings.
12. ELIGIBILITY TO NOMINATE FOR ELECTION:
No person shall be eligible for election or appointment or be elected
or appointed pursuant to this Clause unless the person:
12.1 Is an ordinary financial member of the TCA
Inc and at least eighteen (18) years of age.
12.2 In the opinion of the Council, has been a
financial member of the TCA Inc, or an ANKC affiliated body, for a continuous
period of no less than five (5) years.
12.3 In the opinion of Council, has served as
a member of the Council of the TCA Inc. or of an ANKC affiliated body, defined
in Clause 7, or has held an executive position on a body affiliated with the
TCA Inc. or with a body affiliated with a member body of the ANKC for a period
or periods in total of not less than two (2) years or in the opinion of Council,
has held an executive position on the committee of a body, incorporated under
the Incorporations Act, for a period or periods in total of not less than two
(2) years, in addition to having held an executive position on a body affiliated
with the TCA Inc. or with a body affiliated with a member body of the ANKC
for a period or periods in total of not less than one (1) year.
12.4 Executive positions are those of President,
Vice-President, Treasurer and Secretary
12.5 Subject to Clause 16.3, the term of an elected
Councillor shall be three (3) years, commencing on 1st February in the year
of election.
13. ELIGIBILITY TO VOTE:
13.1 Those ordinary members eligible to vote at
an election for Councillors must have been a financial member of the TCA Inc
for a period of not less than three (3) months of the year preceding that in
which the election is to be held and a current financial member as at the date
designated by Council for such election.
13.2 In this Constitution, unless the context
indicates to the contrary, ‘financial member’ in relation to a
period of time means a member at least eighteen (18) years of age who has paid
the fee prescribed for ordinary membership of the TCA Inc for the period for
which such fee has been prescribed and the member shall be
resident in the state of Tasmania.
14. METHOD OF VOTING
14.1 Subject to this Clause, Council may
prescribe Rules for or relating to elections and may determine:
14.1.1 The
system by which candidates are elected.
14.1.2 The
manner in which and the means by which votes may be cast and counted.
14.1.3 Any
other issue, matter or thing relating to the elections or the conduct
or management of elections.
15. ELECTION OF COUNCILLORS:
15.1 An eligible financial member of the
TCA Inc may cast a vote for not more than four (4) candidates. The
four (4) candidates who receive the highest number of votes shall be
elected to the vacant positions. In the event of a tied vote for the
last position the names of those candidates who receive the identical
number of votes in the tie shall be subject to a simple draw and the
winner of the draw shall be duly declared elected as a Councillor.
15.2 Members to whom a postal vote certificate
and ballot-paper have been posted will not, under any circumstances
be given a second ballot-paper and postal vote certificate. Completed
ballot-papers and postal vote certificates are to be returned to the
Returning officer or the Executive Officer by 4 p.m. on the date nominated.
Postal votes, unopened, shall be handed to scrutineers officiating
at the poll.
15.3 The Council shall appoint three (3) scrutineers,
one of whom shall be a Councillor and two (2) ordinary members entitled
to vote.
15.4 Any Councillors, the term of whom expires
on 31st January (retirement date) in a year shall be deemed to continue in
office and shall continue to exercise all the rights and powers of a Councillor
and shall be subject to the duties of a Councillor until either the 27th February
immediately following the retirement date or until the conclusion of the first
meeting of the Council held after the retirement date, whichever occurs first.
15.5 Where the term of a Councillor commences
on 1st February (the commencement date) in a year the right of that Councillor
to exercise any of the rights and powers of a Councillor and the duties of
the Councillor as such shall be suspended either until 28th February immediately
following the commencement date or until the conclusion of the first meeting
of the Council held after the commencement date, whichever occurs first.
15.6 Clauses 16.1 and 16.3.8 shall not apply to
the office of a Councillor during or in respect of any period during which
the Councillor is deemed to continue in office by virtue of Sub-Clause 15.4.
15.7 Clauses 16.1 and 16.3.8 shall apply to the
office of a Councillor the rights and powers and duties of whom are suspended
by virtue of Sub-Clause 15.5 of this Clause provided that the rights, powers
and duties of any person appointed by the Council under those Clauses to that
office during that period shall be suspended for the period provided by Sub-Clause
15.5.
16. OFFICE OF COUNCILLOR BECOMING VACANT:
If at any time insufficient persons are nominated for election at the
annual elections, Council may fill the vacant seat only by holding a
by-election.
16.1 Where a by-election is held as in 16.4 a notice
shall be published in the press and/or by notice in the ‘Gazette’ not
less than twenty-eight (28) days clear of Council’s Special Meeting or
the 31st day of March immediately following the annual election of Councillors
which ever occurs first and eligibility to be nominated in accordance with
Clauses 12.1 to 12.5.
16.2 Any Councillor the term of whom expires on
31st January
(retirement date) in a year shall retire as in Clause 15.4.
- If at any time a person appointed or elected as a Councillor:
16 3 1 Dies;
16.3.2 Resigns
16.3.3 Becomes
bankrupt or enters into a scheme of arrangement whether formal or
informal, or deed of assignment with is or her creditors
16.3.4 Becomes
incapable of properly managing their property or affairs by reason
of mental disease, disorder or incapacity
16.3.5 Does
an act or makes an omission which constitutes a serious breach of
this Constitution or any rule or Regulations (including the Code
of Ethics) made under this Constitution
16.3.6 Ceases
to hold or, at the time of election, did not hold the qualifications
prescribed in Clause 12, then the office of the Councillor shall
become vacant.
16.3.7 The
appointment of a person to take the office of Councillor the office
of whom has become vacant or the term of office of whom has expired,
shall be made as soon as possible after the office has become vacant
or the term expired as the case may be subject to Clause 16.3.9.
16.3.8 The
appointment of a Councillor may be made prior to the date on which
the office of a Councillor has become vacant either by the efflux
ion of time or otherwise but the appointment shall not take effect
until the office has become vacant.
16.3.9 If
the office of a person, elected as a Councillor, shall become vacant
other than as a result of the efflux ion of the term for which they
were elected the Council may appoint a person to the office of that
Councillor for the unexpired part of the term of that Councillor.
Upon such appointment being made, the person so appointed shall be
deemed to be an elected Councillor within the meaning and for the
purpose of Clause 10.
16.4 If at any time insufficient persons
are nominated for election at the normal annual elections Council may
fill the vacant seat only by holding a by-election.
16.4.1 Shall
be published in the press and by notice in the ‘Gazette’,
not less than twenty-eight (28) days clear of the Council Special Meeting
or the 31st day of March immediately following the normal annual election
of Councillors which ever occurs first.
16.4.2 Eligibility
to nominate is in accordance with Clauses 12.1 to 12.5.
16.4.3 Any
Councillor the term of whom expires on 31st January (retirement date)
in a year shall retire as in Clause 15.4.
16.4.4 Where
a position on Council becomes vacant and there is less than three (3)
months to serve until the next election the position is not to be filled
and the quorum adjusted accordingly.
Where a position on Council becomes vacant and there is where more than three
(3) months and twelve (12) months or less to serve then Council shall appoint
a member to Council until the next annual election
At the next annual election the vacant position is to be filled per the normal
election
17. LEAVE OF ABSENCE:
17.1 Notwithstanding any other Clause in this Constitution
Council may, at any time and from time to time, grant to a member of the Council
leave of absence for such period or periods of time as the Council may determine.
17.2 During any period of time that a Councillor
is granted leave of absence by the Council, they shall be relieved of any and
all duties that would otherwise be required to be performed as a Councillor and
without the loss of generality including attendance at meetings of the Council.
17.3 For the duration of any period of time for
which the Council grants leave of absence to a Councillor, the office of that
Councillor shall be deemed to have become vacant and Council may exercise the
powers confirmed to it under Sub-Clause 16.3.9, in respect of the period of leave
of absence or any part of such period as the Council may determine.
17.4 A member of any committee or sub-committee
who is party to any dispute or action against a TCA Inc affiliate or member of
the TCA Inc shall, immediately upon becoming aware of his or her involvement
in such dispute or action, stand down from any committee or sub-committee of
which he or she is a member.
17.5 Any Councillor who is aware that he/she will
be unable to attend two (2) or more consecutive meetings of the Council shall
be required to make application to the Council for leave of absence, in accordance
with Clause 17.1 of this Constitution.
17.6 A Councillor who is absent from four (4) or
more meetings of the Council within a period of twelve (12) months from the Annual
General Meeting of the T.C.A. Inc in one year to the Annual General Meeting of
the T.C.A. Inc in the following year shall be required to tender his/her resignation
except where it can be shown without a doubt that the Councillor was required
to perform his normal employment he shall be asked to show reason why he should
not be required to resign.
18. THE PRESIDENT:
18.1 From 1st February 1995, the President shall
be elected by the Council from its members, for a term of twelve (12) months,
commencing on such date as the Council determines.
18.2 A Councillor may be elected to the position
of President but may not serve more than six (6) consecutive terms.
18.3 If at any time the President:
18.3.1 Dies;
18.3.2 Resigns
18.3.3 Becomes
bankrupt or enters into a scheme of arrangement, whether formal or informal,
or deed of assignment with his or her creditors
18.3.4 Becomes
incapable of properly managing his or her property or affairs by reason of mental
disease, disorder or incapacity
18.3.5 Does
an act or makes an omission which constitutes a serious breach of this Constitution
or any Regulations (including the Code of Ethics) made under this Constitution.
18.4 The office of President shall become vacant
upon the death, resignation, bankruptcy or, in any other case, upon the date
as the Council may determine.
18.5 If the office of President becomes vacant, otherwise
than by the efflux ion of the term for which the President was appointed,
the Council may appoint one of its members to be President for the unexpired
part of the term.
19. VICE-PRESIDENTS:
- At a Special Meeting of the Council, there shall be elected from its members two (2) Vice-Presidents, for the term of twelve (12) months, commencing on the date determined by the Council.
20. HONORARY TREASURER:
20.1 At a Special Meeting of the Council,
there shall be elected from its members an honorary treasurer for a
period of twelve (12) months, commencing on the date determined by
the Council.
21. THE EXECUTIVE OFFICER:
- The Executive Officer shall be appointed by the Council.
21.2 The Executive Officer shall have power
to delegate any duties or functions herein to a deputy and shall have
power to appoint representatives, within the respective zones, as may
from time to time be deemed necessary, subject to the approval of the
Council.
21.3 It shall be the duty of the Executive
Officer to keep all books and accounts of the TCA Inc and the Executive
Officer or an appointed deputy shall attend all meetings of the Council
and all General Meetings and any other meetings at which his/her presence
may be required and to keep all minutes of such meetings and generally
perform all duties as are usually performed by any such officer in
a like position.
21.4 The Executive Officer shall keep
and maintain such registers and records as required by statute or as
the Council may from time to time determine and in such manner as may
be prescribed.
21.5 The Executive Officer shall pay or
cause to be paid all monies of the TCA Inc into the bank account of
the TCA Inc to its credit and shall keep proper accounts of monies
received or dispersed.
21.6 Accounts shall be paid by a ‘not
negotiable’ cheque, signed by two (2) persons duly authorised
by the Council for this purpose. Expenditure incurred on behalf of
the TCA Inc shall be ratified by the Council at its next meeting.
21.7 The bank pass books, account books,
certificates (investment and security), vouchers and any other books
directly or indirectly connected with the financial affairs of the
TCA Inc shall be the property of the TCA Inc and shall be produced
to the Council whenever it so desires.
21.8 All funds, fees or monies due to
the TCA Inc shall be payable at the TCA Inc office.
21.9 Receipts for such monies shall be
valid only if on the official TCA Inc receipt form.
22. COUNCIL MEETINGS:
22.1 The Council shall meet as often as
it deems necessary but not less than once each calendar month.
22.2 At all meetings of the Council a
quorum shall be 50% plus one (1) of the elected members.
22.3 The President or any three (3) members
of the Council shall have power to call a meeting of the Council.
23 SPECIAL MEETINGS:
23.1 A Special Meeting of the Council
shall be held not later than 31st March in each year or as the Council
may direct
23.2 A circular summoning such meeting
shall be sent to each Councillor at his or her last known address or
place of abode and not less than seven (7) clear days before the date
for such meeting. Such notice shall contain a list of the business
to be transacted and shall be accompanied by a report of the preceding
year and an audited balance sheet and statement of receipts and expenditure
for the past financial year.
24. COMMITTEES:
24.1 The Council shall have power to appoint
committees to deal with any object, matter or thing within the Constitution
and to delegate to such committees any of the functions and powers
of the Council relating thereto, including the power to co-opt.
24.2 The President and Executive Officer
shall be ex-officio members of all committees and shall not move and/or
second and/or vote on any motion or matter.
24.3 At a Special Council Meeting in the
month prior to the AGM Council shall appoint members to the following
committees:
24.3.1 a Regulations
Committee;
24.3.1b Discipline & Disputes
Committee;
24.3.1c Appeals
Committee – Chairperson;
24.3.1d Finance
Committee;
24.3.1e Editorial & Information
Technology Committee;
24.3.1f Public
Relations Committee;
24.3.1g Library
Committee;
24.3.1h Retrieving & Field
Trials Committee;
24.3.1i Herding
Trials Committee;
24.3.1j Obedience & Tracking
Trials Committee (appointed in August each year);
24.3.1k Agility
Trials Committee (appointed in August each year);
24.3.1l Sanctioned
Events Committee;
24.3.1m Canine
Health Committee;
24.3.1n Investigations
Committee;
24.3.1o Herding
Judges Training Committee
24.3.2 The
quorum for all committees and Sub- Committees meetings shall be 50%
of the members of such committees or sub-Committees, plus one providing
at all times the minimum number of members at a committee or sub-committee
meeting is not less than 3 (three) members
24.4 Council may appoint other committees
and or sub committees at the Special Council Meeting providing the
establishment of these committees or sub-committees is pursuant to
the Objects of the Association.
24.5 Council shall determine the functions,
duties, powers and scope of any committee or sub-committee appointed
by Council.
24.5.1 Any
committee or sub-committee appointed or established at the special
general meeting shall have the same powers and delegated authorities
as any other committee or sub-committee appointed in accordance with
24.3 unless the TCA Council Inc specifies otherwise.
25. Discipline and Disputes Committee:
25.1 There shall be a Disciplines and Disputes
Committee of not less than 10 members appointed by the TCA Inc. Council
giving due consideration to regional representation.
25.2 The TCA Inc. Council shall appoint
1 member of the Committee to be Chairman.
25.2.1 The
functions of the Chairman shall be to:
25.2.1.1 Select
members from the panel of committee members to form a sub-committee for
the purpose of conducting a hearing on a disciplinary or dispute matter
or to undertake a mediation conference;
25.2.1.2 Report
and make recommendation to the TCA Inc. Council in relation to the operations
of the sub-committees;
25.2.1.3 Generally be responsible
for the efficient and timely investigation, hearing, and mediation of
all disciplines or disputes pursuant to the constitution and regulations
of the TCA Inc.;
25.2.1.4 Recommend
to the Council any changes to the committee, constitution or operation
of the sub-committees and the hearing or mediation committee guidelines;
25.2.1.5 Act
as the point of contact and generally report to the Council on all
discipline, dispute and mediation matters.
25.2.2 Upon
the initiation of any discipline, dispute or mediation matter, the Chairman
of the panel shall:
25.2.3 Select
at least 4 members to constitute the sub- committee for the purpose
of that particular inquiry;
25.2.4 Either
chair the sub-committee or appoint one of the selected persons as chairman
of the sub-committee for the purpose of that particular inquiry;
25.2.5 Generally
give all directions necessary to ensure the efficient investigation
and conducting of that particular inquiry.
25.3 If a member of the committee dies
or becomes otherwise or unable or unwilling to participate in the inquiry;
then
25.3.1 If
this occurs prior to the commencement of the hearing in relation to
the matter; the chairman shall, appoint a replacement to that sub-committee;
or
25.3.2 If
this occurs after the commencement of the hearing in relation to the
matter, the remaining members of the sub-committee shall constitute
the sub-committee for the purpose of concluding that inquiry
25.4 The function and duty of the Discipline & Disputes
Committee is to hear and determine all disciplinary matters referred
to it by council
25.5 The Discipline and Disputes Committee
may hear and determine any matter referred to it by Council at such
a place or places as may be directed by the Council or in default of
any such direction, at such place or places as may be determined by
the committee
25.6 The Discipline and Disputes Committee
may, upon hearing a matter, exercise any or all of the powers confided
to the Council by the Constitution, Code of Ethics and Regulations
25.7 Any person aggrieved by
a determination of the Discipline
and Disputes Committee may lodge an appeal against such determination
by notice in writing and within the time and manner prescribed in Regulation
83
26. APPEALS COMMITTEE:
26.1 The Appeals Committee is to comprise
nine (9) members thus:-
26.1.1 A
Chairperson to be appointed by the Council of the T.C.A. Inc at its
Special Annual General Meeting of Councillors. The Chairperson shall
not be a serving member of the Council of the TCA Inc
26.1.2 The
remaining eight (8) persons to be nominated and elected at the Annual
General Meeting of members
26.1.3 The
Appeals Committee shall be convened by the Executive
Officer to hear matters referred to it. The Executive Office will arrange
for the Chairman and any four (4) of the eight (8) elected members
to hear matters
26.2 The function and duty of the Appeals
Committee is to hear and determine appeals from or against determinations
made by the Discipline & Disputes Committee and decisions of any
affiliate or decisions of the Council of the TCA Inc including decisions
of the Council’s Sub Committees.
26.3 Notwithstanding any other Clause
of this Constitution or the Association's Regulations any member penalised
by a decision of the Council of the T.C.A. Inc or any of its Sub Committees
may within twenty eight (28) days of the imposition of such penalty
give notice of appeal against the decision.
26.4 The Chairperson of the Discipline & Disputes
Committee shall attend the hearing of all appeals by the Appeals Committee
and provide to the Appeals Committee such assistance, information and
advice as the Appeals Committee may reasonably require, but shall not
take part in the determination of the appeal.
26.5 The Appeals Committee may determine
its own procedure and regulate its own proceedings provided that, at
all times, it complies with the Rules of natural justice.
26.6 The Appeals Committee may, upon hearing
an appeal, exercise any or all of the
powers confided to the Council by or under this Constitution and the
Regulations.
26.7 Accurate minutes of the business of all Council
meetings and the proceedings of the Discipline & Disputes Committee and
the proceedings of the Appeals Committee shall be recorded and confirmed, or
corrected, at the next meeting of the Council, the Discipline & Disputes
Committee or the Appeals Committee, as the case may be.
26.8 Notwithstanding any other Clause of this
Constitution or the Regulations, the proceedings of the Discipline & Disputes
Committee shall be confidential unto the parties and neither the minutes of
the proceedings or of any determination made by the Discipline & Disputes
Committee or the Appeals Committee may be published or communicated anywise
howsoever, save that:
26.8.1 The
minutes of the proceedings of and the record of any determination made by the
Discipline & Disputes Committee shall be provided to the Appeals Committee
at the time and for the purpose of any appeal involving any such determination
26.8.2 If
the time limit for appeal has expired, any determination made by the Discipline & Disputes
Committee must be notified to the Council and may be published by the Council
in such manner and in such form as the Council, in its unfettered discretion,
determines.
26.8.3 Any
determination of the Appeals Committee must be notified to Council, together
with the determination of the Discipline & Disputes Committee or decision
of the affiliate to which the appeal relates, as the case may be and the result
of the proceedings may be published in such manner and in such form as the
Council, in its unfettered discretion, determines.
27 AFFILIATIONS:
27.1 Subject to this Constitution and the
Regulations of the TCA Inc, any club, association, society or other body
bona fide established for the purpose of breeding or exhibiting dogs
or conducting shows and/or parades of dogs, field and/or retrieving trials,
obedience and/ or tracking trials or other exhibitions, shall be eligible
to submit an application for affiliation with the TCA Inc.
27.2 Conveners of any new club, association
or other body shall seek the permission of the Council for form such
organisation.
27.3 On approval of the new club, association,
society or other body, affiliation will be granted for a probationary
period determined by the Council.
27.4 A club, association or other body may
be admitted, in the first instance, upon written application to be granted
probationary affiliation with the TCA Inc such application shall be accompanied
by:
27.4.1 The
fee set out in the current scale of charges.
27.4.2 Two
(2) copies of the proposed Constitution for Affiliates.
27.4.3 A
copy of the minutes of the meeting convened to form the club.
27.4.4 A
certificate signed by the President and secretary of the applicant, setting
out the names and addresses of financial members.
27.4.5 An
undertaking in writing that, upon its admission as an affiliate of the
TCA Inc it will annually thereafter furnish to the Council, following
its Annual General Meeting, a certified balance sheet and a copy of its
annual report.
27.5 During the period of probation the
affiliate shall be granted permission to conduct parades and/or open
shows, at the discretion of Council.
27.6 Each affiliate shall hold its Annual
General Meeting of Members not later than the thirtieth day of September
in each year, subject to the approval of Council and shall, within fourteen
(14) days after such Annual General Meeting, furnish to the Council:
27.6.1 An
audited balance sheet in the form prescribed by the Council, the annual
report submitted to members of the affiliate at such Annual General Meeting.
27.6.2 A
copy of the minutes of such Annual General Meeting.
27.6.3 Any
other information or documents which the Executive Officer of t the
TCA Inc or the Council shall require from time to time.
27.7 The name of every club, association,
society or other body applying for affiliation or renewal thereof, shall
be submitted to the Council which shall have the power, by a simple majority
given at a meeting properly summoned, to accept or refuse any application
for or renewal of affiliation, without assigning a reason.
27.8 Affiliation fees, as set out in the
current scale of charges, shall become due and payable on the first day
of September in each year and, if an affiliate fails to pay it annual
affiliation fee or to comply with Clause 27.6, Sub-Clauses 27.6.1 to
27.6.3 hereof prior to the first day of December in each year, it shall
be deemed to be unfinancial and its affiliation suspended and, until
otherwise determined by the Council, shall not be entitled to any of
the privileges to which an affiliate is entitled under this Constitution
and/or the Regulations, but shall be subject to all obligations imposed
upon an affiliate. Provided that, when an affiliate commences during
the currency of a financial year, the affiliate shall pay the fee set
out in the current scale of charges in respect of that year upon admission
as a probationary affiliate or as an affiliate.
28. AMENDMENT OF THE CONSTITUTION:
28.1 This Constitution shall come into force
forthwith and shall be the Constitution of the TCA Inc and no part of
the Constitution shall be varied, altered, repealed or amended, save
at an Annual General or Special General Meeting of Members of the TCA
Inc, by a resolution on that behalf carried by a majority of 75% of the
members present and voting.
29. WINDING UP OF THE ASSOCIATION:
29.1 The income and property of the TCA
Inc however derived shall be applied solely towards the promotion of
the objects and purposes of the Association and no portion thereof shall
be paid or transferred, directly or indirectly, by dividend, bonus or
otherwise by way of profit or gain to the individual members of the TCA
Inc.
29.2 Provided that nothing shall prevent
the payment in good faith of reasonable and proper remuneration of any
officer or servant or to any member of the TCA Inc in return for any
services actually rendered to the TCA and shall not prevent the payment
of out-of pocket expenses or interest on money lent or reasonable and
proper rent for premises demised or let by any officer or servant or
member of the TCA Inc.
29.3 If, upon the winding up or dissolution
of the Company, there remains after satisfaction of all its debts and
liabilities any property whatsoever, the same shall not be paid or distributed
among the members of the company but shall be given or transferred to
some other company having similar objects to the company and which shall
prohibit the distribution of its income and property amongst its members
at least to an extent as great as is imposed on the company such organisation
to be determined by the members of the company at or before the time
of dissolution and in default thereof by such judge of the Supreme Court
of Tasmania as may acquire jurisdiction in the matter.
29.4 In the event of the Association being
wound up:
29.4.1 Every
member of the Association; and
29.4.2 Every person who, within the period of
twelve (12) months immediately preceding the commencement of the
winding up, was a member of the Association is liable to contribute
to the assets of the Association for payment of the debts or
liabilities of the Association and for the cost, charges and
expenses of the winding up and for the adjustment of the rights
of the contributories among themselves such sum, not exceeding $10.00
(ten dollars) as may be required, but a former member
is not liable so to contribute in respect of any debt or liability
of the Association contracted after he ceases to be a member.
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The Tasmanian Canine Association Inc Administration Building, Royal Showgrounds, Glenorchy 7010 PC Box 116, GLENORCHY Tas 7010 |
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