NAME OF ASSOCIATION

The Association shall be known as the Australian Capital Territory Equestrian Association Incorporated.

INTERPRETATION

1.     In this Constitution, unless the context otherwise provides

The Association means the Australian Capital Territory Equestrian Association Incorporated, incorporated under the Australian Capital Territory Associations Incorporation Act 1991;

The Committee means the body of persons elected pursuant to section 10;

The Executive means those members of the Committee comprising the body described in section 11;

Member means a body described in section 6(a);

Body means any club, organisation or association eligible to affiliate with the Association;

Associate Member means any person or club described in section 6(b);

Delegate means a person duly nominated by a body described in section 6(a) or (b) to represent such a body at meetings of the Association.

Words importing the masculine gender only include the feminine gender also and vice versa. Words importing the singular number shall also be deemed to include the plural number and vice versa.

ASSOCIATION OFFICE

2.    The office of the Association shall be at a place as the Committee may, from time to time determine.

OBJECTS AND PURPOSES OF THE ASSOCIATION

3.    The objects and purposes of the Association are -

(a) to represent equestrian bodies in their dealings with government bodies or other relevant statutory authorities;

(b) to promote horse riding as a recognised healthy recreational activity;

(c) to formulate and carry out policies designed to:

        (i) promote the development of equestrian activities in the Australian Capital Territory;

        (ii) coordinate the efforts of affiliated bodies to obtain and/or improve facilities for the conduct of equestrian activities;

        (iii) improve the standard of horsemanship and horse mastership in the Australian Capital Territory;

        (iv) encourage the support of equestrian activities by the Commonwealth, the Australian Capital Territory Legislative Assembly and other persons and organisations.

(d)  The assets and income of the Association shall be applied solely in furtherance of its above mentioned objectives and no portion shall be paid or distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.

POWERS OF THE ASSOCIATION

4. Subject to this Constitution, the Association has the power to do all things that are necessary or convenient to be done for or in connection with the objectives and purposes and, in particular, has power -

(a) to promote the maintenance of ethical standards for the conduct of equestrian activities;

(b) to make recommendations to appropriate Government Departments, statutory authorities, members of the Legislative Assembly for the Australian Capital Territory and other recognised bodies on the scale and nature of facilities to be provided for equestrian activities;

(c) to make recommendations to appropriate authorities on measures which the Association considers should be taken to ensure the safety and advancement of equestrian activities;

(d) to examine any matter referred to it by a recognised authority;

(e) to examine matters referred to it, in writing, by any affiliated body, member or associated member;

(f) to accept grants, gifts, devises and bequests made to the Association, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Association upon trust;

(g) to do anything incidental or conducive to the performance of any of the objectives and purposes of the Association; and

(h) to do anything incidental to the exercise of any of its powers.

DELEGATION OF POWERS

5. (a) Subject to this Constitution, the Association may, by resolution, delegate to the Executive or to the Committee such of its powers as can be appropriately performed by the Executive or the Committee.

(b) A power so delegated shall be performed or exercised in accordance with the resolution.

(c) A delegation under this section is revocable by resolution of the Association and does not prevent the exercise of a power by the Association.

MEMBERSHIP OF THE ASSOCIATION

6. (a) Subject to section 14 of this Constitution, the Association shall consist of the following bodies such as seek affiliation and pay the prescribed affiliation fee -

        (i) any club which is affiliated with the Pony Club Association of New South Wales and which is based in the Australian Capital Territory;

        (ii) any other properly constituted club formed for the pursuit of equestrian activities;

        (iii) any other organisation of which equestrian activities form a significant part of its normal activities.

(b) Associate membership may be granted to such of the following bodies or persons as seek such membership and pay the prescribed affiliation fee -

        (i) Any club of the type described in subsection (a) of this section which is based in the area surrounding the Australian Capital Territory;

        (ii) Any person engaged in the pursuit of equestrian activities either personally or as a business enterprise.

        (iii) Subject to this Constitution, Associate Members may participate in all activities of the Association but shall not be entitled to vote at general meetings.

CESSATION OF MEMBERSHIP

7. Membership of the Association ceases if the associate, member or body -

(a) dies, or, in the case of a body corporate, is wound up;

(b) resigns from membership of the Association;

(c) is expelled from the Association; or

(d) fails to renew membership of the Association by the date of the Annual General Meeting of the Association.

RESIGNATION OF MEMBERS

8. (1) A member is not entitled to resign from membership of the Association except in accordance with this rule.

(2) A member who has paid all amounts payable by the member to the Association may resign from membership of the Association by first giving notice (being not less than one month or, if the Committee has determined a shorter period, that shorter period) in writing to the Secretary of the members intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.

(3) Where a person ceases to be a member, the Secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

MEETINGS OF ASSOCIATION

9. (a) The Association shall hold such meetings as are necessary for the performance of its functions. The meetings shall -

        (i) be held at intervals not exceeding three months;

        (ii) be convened by the Secretary, or in the absence of the Secretary, by any other member of the Executive; and

(b) Notice of meetings shall be given by the Secretary to both the secretaries and delegates of affiliated bodies and to associate members at least seven days prior to the date of the meeting.

(c) A quorum at a meeting shall be considered to be nine delegates or one sixth of the delegates of financial members, whichever is the lesser; and

(d) A quorum at a committee meeting shall be considered to be three committee members.

(e) Members of the Association are not entitled to vote by proxy at any meetings of the Association.

(f)  Except on a matter involving amendment of the Constitution, where a vote is taken at a general or committee meeting a decision is taken to be in the affirmative if the number of votes for it is greater than the number of votes against it. Where votes for and against are equal the chairperson of the meeting has a casting vote.

ANNUAL GENERAL MEETING

10. (a) The Association shall hold an Annual General Meeting in May each year.

(b) At the Annual General Meeting of the Association a committee consisting of office bearers listed herein shall be elected by members of the Association -

        (i) President;

        (ii) Vice President;

        (iii) Secretary

        (iv) Treasurer;

        (v) not more than four ordinary members.

(c) Nominations of candidates for election as members of the Committee -

        (i) shall be made in writing signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination); and

        (ii) shall be delivered to the Secretary before the holding of the election.

(d) The immediate past President of the Association shall be ex officio, a member of the Committee and shall be entitled to vote at Committee meetings.

EXECUTIVE

11. The Executive shall consist of those members of the Committee who occupy the positions of

(a) President;

(b) Vice President

(c) Secretary

(d) Treasurer.

POWERS OF THE COMMITTEE TO COOPT MEMBERS

12. (a) The Committee may appoint a person to be a coopted member of the Committee and such persons shall have full powers of committee members.

POWERS OF THE COMMITTEE

13. (a) Subject to this section and section 5 of this Constitution the Committee may exercise the powers of the Association.

(b) The Committee shall not without the approval of a majority of persons present and entitled to vote at a general meeting of the Association -

        (i) acquire or dispose of any personal property including leasehold interests where the value of such property exceeds an amount determined from time to time by the Association;

        (ii) acquire, hold or dispose of any real property;

        (iii) make any grant or loan where the value of such grant or loan exceeds $100;

        (iv) enter into any contract for the provision of goods or services where the value of such goods or services exceeds an amount determined from time to time by the Association.

(c)  The Committee may establish subgroups to carry out particular functions. Such groups should operate according to any agreements with outside bodies and report quarterly.

AFFILIATION FEES

14. (a) Membership and associate membership fees shall be determined in a general meeting.

(b) Subject to the next preceding subsection, the Committee may, upon the written application of a body eligible for affiliation with the Association, waive, for such period as it determines, the affiliation fees by that body.

(c) The power of the Committee to waive affiliation fees shall be exercised only -

        (i) where the body is in necessitous financial circumstances; and

        (ii) where the body is not affiliated with the Pony Club Association of new South Wales Limited, the period for which the payment of fees is waived shall not exceed six months.

(d) Honorary membership or associate membership may be confirmed by vote in a general meeting.

MONEYS OF THE ASSOCIATION

15. (a) The moneys of the Association shall be applied only on payment of amounts properly manageable in the performance of its functions.

(b) Notwithstanding anything contained in this Constitution, where a gift or bequest to the Association is subject to conditions in relation to the purposes for which it is to be applied, the moneys paid to the Association as a result of the gift or bequest and any income derived from the investment of those moneys, shall be applied for those purposes and on those conditions, not otherwise.

BORROWING AND INVESTMENT

16. The Association shall not -

(a) borrow moneys from any person; or

(b) invest moneys otherwise than in the direct performance of its functions.

ACCOUNTS OF RECEIPTS, EXPENDITURE, ETC.

17 (a) The Treasurer of the Association shall, on behalf of the Association, receive all moneys paid to the Association and forthwith after the receipt thereof issue official receipts therefor.

(b) The Committee shall cause to be opened with such bank as the Committee selects a banking account in the name of the Association into which all moneys received shall be paid by the Treasurer as soon as possible after receipt thereof.

(c) Except with the authority of the Committee, no payment exceeding the sum of ten dollars shall be made from the funds of the Association otherwise than by cheque drawn on the Associations bank account, but the Committee may provide the Treasurer with a sum to meet urgent expenditure, subject to the observance of such conditions in relation to the use and expenditure thereof as the Committee may impose.

(d) No cheque shall be drawn on the Associations bank account except for the payment of expenditure that has been authorised by the Committee.

(e) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by the Treasurer and one other member of the Executive, or in the absence of the Treasurer, by any two other members of the Executive.

(f) The Association shall cause to be kept proper accounts and records of the transactions and affairs of the Association and shall do all things necessary to ensure that all payments out of moneys of the Association are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Association and over the incurring of liabilities by the Association.

FINANCIAL REPORT

18. The Treasurer shall, prior to the annual general meeting of the Association prepare and furnish to the Association an audited report of the financial operations of the Association during that year.

FINANCIAL YEAR

19. The financial year of the Association shall be the period beginning on the first day of April of each year and ending on the thirty first day of March next succeeding.

AUDITOR

20. (a) At the annual general meeting of the Association the persons present and entitled to vote shall appoint a person who is not a member of the Committee nor the Public Officer as auditor of the Association.

(b) A person so appointed shall hold office until the annual general meeting next after that at which he is appointed and is eligible for reappointment.

(c) If a casual vacancy occurs in the office of auditor during the course of a financial year of the Association, the Committee may appoint a person as the auditor and the person so appointed shall hold office until the next succeeding annual general meeting.

RULES

21. (a) The Committee may make rules not inconsistent with this Constitution prescribing all matters that are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Constitution.

(b) Such rules as are made by the Committee must be presented to the first available general meeting after their making and are subject to amendment or disallowance by the Association.

ALTERATION OF THE CONSTITUTION

22. (a) The clauses of this Constitution may be altered or rescinded only  on resolution adopted by a majority of the members present and voting at a general meeting of the Association provided at least six members vote in favour.

(b) A motion to amend the provisions of this Constitution shall not be put to a general meeting unless:

        (i) the mover and seconder of the motion give to the Secretary notice in writing of the proposed amendment at least twenty one days prior to the day of the general meeting at which it is proposed that the motion be considered; and

        (ii) notice of the proposed amendment and the meeting at which it is to be considered has been given to the Secretary and delegate of affiliated bodies and to associate members at least seven days prior to the date of the meeting.

SEAL OF THE ASSOCIATION

23. (a) The seal of the Association shall be in the form of a rubber stamp inscribed with the name of the Association encircling the word SEAL.

(b) The seal of the Association shall not be affixed to any instrument except by the authority of the Committee and the affixing thereto shall be attested by the signatures either of two members of the Executive or of one member of the Executive and the Public Officer of the Association or such other person as the Committee may appoint for that purpose, and that attestation is sufficient for all purposes that the seal was affixed by authority of the Committee.

(c) The seal shall remain in the custody of the Public Officer.

PUBLIC OFFICER

24. (a) The Public Officer shall be appointed by the Committee.

(b) The Public Officer shall carry out the duties required by law and such other duties as the Committee shall from time to time direct.

WINDING UP

25.  On dissolution of the Association , the assets and funds in hand at the time shall, after payment of expenses and liabilities, be paid and applied by the Association in accordance with its powers to such equestrian association(s) or club(s) operating in the Australian Capital Territory which have similar objects and rules prohibiting the distribution of their assets and income to their members as a majority of the delegates of members present and entitled to vote at the meeting to dissolve the  Association decide.

MISCELLANEOUS

26. Matters not otherwise referred to in this Constitution follow the Model Rules included as part of the Associations Incorporation Regulations.