Constitution of Beaumaris Conservation Society Inc

Rules of the Beaumaris Conservation Society
Incorporated, incorporated as Association No.
A0034887B under the Associations
Incorporation Act 1981 of the State of Victoria, which was repealed
and is now superseded by the Associations

Incorporation Reform Act 2012.

  1.

1. Name, Aim and
Objectives

11.

11. Proceedings at
General Meetings

21.

21. Seal

  2.

2. Interpretation

12.

12. Financial Members

22.

22. Referendums

  3.

3. Membership

13.

13. Committee of
Management

23.

23. Notices

  4.

4. Entrance Fee and
Annual Subscription

14.

14. Officers of the
Association

24.

24. Dissolution,
Winding Up or Cancellation 

  5.

5. Register of
Members

15.

15. Proceedings of
the Committee

25.

25. Custody of
Records 

  6.

6. Termination of
Membership

16.

16. Observers

26.

26. Funds, and the
Not-for-Profit Basis of the Association 

  7.

7. Annual General
Meeting

17.

17. Secretary

27.

27. Regulations 

  8.

8. Ordinary General
Meetings

18.

18. Treasurer

28.

28. Alteration of
Rules, and Statement of Purposes 

  9.

9. Special General
Meetings

19.

19. Director

Appendix 1:
Membership Application Form

10.

10. Notice of General
Meetings other than the Annual General Meeting

20.

20. Cheques

Name, Aim and Objectives

1.1 The
name of the incorporated association is Beaumaris
Conservation Society Inc. (hereinafter called
“the
Association”).

1.2 The
aim of the Association is to work for better
conservation, particularly that of the Beaumaris
area.

1.3 The
objectives of the Association shall be to:

(a) succeed, and continue the work
of, the Beaumaris Conservation Society, it having
originally been an unincorporated body, the
Beaumaris Tree Preservation Society, that was formed
at the Inaugural Meeting
of its Members on 28th January 1953,
and whose Constitution
was adopted in March 1953
and altered
at its Annual General Meetings held in September 1970 (when its name
was changed to Beaumaris Conservation Society), September 1978 and September 1993; and it having
been the organization that originally proposed these
Rules and whose members were the founding members of
the Association, pursuant to a resolution,
in accordance with the Constitution of the Society,
of a General Meeting of the Society, held on 9th
April 1997,

(b) to encourage, to the greatest
degree possible, and with special reference to the
land, sea and air in the Beaumaris area:

(1) The
conservation and restoration of the indigenous flora
and fauna

(2) The
protection of natural landscape, foreshore and
seascape, including features of geographical, geomorphological and
geological significance

(3)
Action to eliminate or prevent pollution

(4)
Requirements, for Beaumaris, that sufficient land
holdings, of both publicly and privately owned land,
have a permanent reservation apply, at least to the
most publicly visible part of them, in sufficiently
widely distributed areas, in a form and condition
that continues to provide suitable
habitat for the many trees and other plants,
particularly those indigenous to Beaumaris, that
give Beaumaris throughout its distinctive treed and
leafy character

(5) The
maintaining by authorities of active measures to
encourage the continued widespread and prominent
presence of such plants and that local character;

(c)  to encourage and
participate in the replanting of indigenous flora in
the Beaumaris area;

(d) to encourage and participate in
the planting of suitable trees and shrubs in nature
strips, in parks, on the foreshore, and in other
places within the Beaumaris area;

(e) to promote a public conscience
favourable to the carrying out of the aforesaid
objects;

(f)  to buy, sell and lease
land and to mortgage the same;

(g) to enter into correspondence and
to make contracts with other organizations, persons
and companies and with municipal and other
authorities;

(h) to do all such things as may in
the opinion of the Association assist in the
promotion of the said objects; and

(i)  

to co-operate or
conjoin in any suitable way with other bodies or
organizations having objects completely or in part
similar to those of the Association.

Interpretation

2.1    In these
rules, unless the contrary intention appears:

“Committee” means the Committee of Management
of the Association.

“Financial year” means the year ending on
30th June.

“General Meeting” means a general meeting of
members convened in accordance with Rules 7-9.

“Member” means a paid up member of the
Association.

“The Act” means the Associations
Incorporation Act 1981 of the
State of Victoria.

“The Regulations” means regulations
under the Act.

“Public Officer” means Public Officer
under the Act.

2.2    In these
Rules, a reference to the Secretary of the
Association is a reference:

(a)    where a person
holds office under these Rules as Secretary of the
Association – to that person; and

(b)    in any other case, to the
Public Officer of the Association.

2.3    Words or
expressions contained in these rules shall be
interpreted in accordance with the provisions of the
Acts
Interpretation Act 1958 of the State of Victoria
and the Act as in force from time to time.

Membership

3.1    A member of
the Association shall be a member in only one of the
following five classes of membership:

(a) Individual Membership, in which
one individual natural person is the member,

(b) Family Membership, which shall
apply to an individual or to a family of natural
persons, and in which up to two of those persons
shall be nominated as members, with each of those
two having the rights and privileges of members,

(c)  Membership as a Member
Body, which shall be either an incorporated body or
an unincorporated body, but the rights and
privileges as a member shall only be exercised by a
single Representative that has been nominated by the
Member Body in writing to the Treasurer, and whose
nomination has been received by him at least
twenty-four hours before the meeting or other
activity has begun, and registered in the Register
of Members by the Treasurer.

(d) Life Membership, in which the Life Member is an individual
natural person that has been admitted as a member
for life by resolution of the Committee upon the
payment to the Association of the fee for a Life
Membership, which shall be twenty times the annual
subscription rate for an Individual Member, or

(e) Honorary Life Membership, in
which the Honorary Life
Member shall have been an Honorary
Life Member of the Beaumaris Conservation Society at
the time of its incorporation, or an individual
natural person that has been recommended by the
Committee, in a citation included in the notice of a
General Meeting, to be admitted as an Honorary Life
Member for distinguished services rendered towards
the aim and objectives of the Association, and that
has been admitted as an Honorary Life Member by a
resolution of that General Meeting carried by the
vote of a three quarters majority.

3.2    A person,
family or body that was not a member of the
Association at the time of incorporation of the
Association, or that was such a member at that time
but has ceased to be a member, shall not be admitted
to membership of the Association, except as an
Honorary Life Member, unless:

(a)    such a person,
family or body applies for membership as provided in
Rule 3.3, and

(b)    admission of that person,
family or body has then been approved by the
Committee.

3.3    An application for membership
of the Association shall be made in writing in the
general form set out in Appendix 1,
and shall be lodged with the Treasurer of the
Association, together with payment of the
subscription prescribed for the category of
membership being sought. The application shall be
accompanied by the details required, under Rule 5.1,
to be kept by the Treasurer.

3.4    As soon as
practicable after the receipt of an application, the
Treasurer shall provide the applicant with a receipt
for the subscription money tendered, and refer the
application to the Committee.

3.5    Upon an
application being referred to the Committee, the
Committee shall determine whether to approve or
reject the application. The Treasurer shall promptly
inform the applicant of the decision of the
Committee, and shall, if the application is
rejected, offer to refund the applicant the
subscription money tendered in exchange for a return
of the receipt or a further receipt for the amount
refunded. If the application is approved, the
Treasurer shall enter the applicant’s name and other
prescribed details in the Register of Members kept
by him and, upon the name being so entered, the
applicant is thereby admitted to one of the classes
of membership of the Association.

3.6    Any right,
privilege, or obligation of a member by reason of
that member’s being a member of the Association is
not capable of being transferred or transmitted to
another person or body, and terminates upon
cessation of the membership, whether by death,
resignation or other cause.

Entrance Fee and Annual Subscription

4.1    There shall
be no entrance fee required to be paid in addition
to the annual subscription, or the fee for Life
Membership, nor is any payment required from an
Honorary Life Member.

4.2    The annual
subscription for each class of membership below in a
particular financial year shall be that most
recently set by a resolution of the Annual General
Meeting in a financial year prior to the financial
year in question. Until it has been so set it shall
be:

Individual

Member: Six dollars

Family
Member: Ten dollars

Member
Body: Fifteen dollars

4.3    The annual
subscription becomes due and payable on the first
day of July in the financial year in question.

Register of Members

5.1   The Treasurer shall
keep and maintain a Register of Members in which
shall be entered the name, address and, if any, a
private and a business telephone and facsimile
number of each member, an electronic mail address
and the last consecutive period, in terms of first
and last years for which the member has been a financial member.
No member may vote at Committee or General Meetings
while he refuses, after being requested, to inform
the Treasurer of his address. The Treasurer shall
include in the Register of Members the name,
address, and other details as listed above, of the
Representative of each Member Body, and shall keep
for each Member Body, a copy of its Constitution, or
if it has no Constitution, a list of its members.

5.2    The Register
of Members shall be available at the address of the Public Officer
for inspection by members by appointment.

Termination of Membership

6.1    Termination of
the membership of an Individual Member shall take
effect if:

(a)    the member
dies,

(b)    the Secretary
receives written notice from the member that he has
resigned,

(c)    the member has
not paid the annual subscription for the current
financial year by the last day of that year, or

(d)    the member has been expelled
from the Association in accordance with the
provisions of Rule 6.5.

6.2    Termination of
the membership of a Family Member shall take effect
if:

(a)    all the
persons in the family die,

(b)    the Secretary
receives written notice from the Family Member that
they have resigned,

(c)    the member has
not paid the annual subscription for the current
financial year by the last day of that year, or

(d)    the member has been expelled
from the Association in accordance with the
provisions of Rule 6.5.

6.3    Termination of
the membership of a Member Body shall take effect
if:

(a)    the body is
dissolved, wound up or otherwise ceases to exist,

(b)    the Secretary
receives written notice from the Member Body that it
has resigned,

(c)    the member has
not paid the annual subscription for the current
financial year by the last day of that year,

(d)    the member has
been expelled from the Association in accordance
with the provisions of Rule 6.5

6.4    Termination of
the membership of a Life Member
or an Honorary Life
Member shall take effect if:

(a)    the member
dies,

(b)    the Secretary
receives written notice from the member that he has
resigned, or

(c)    the member has been expelled
from the Association in accordance with the
provisions of Rule 6.5.

6.5    If the
Committee has resolved that a member has, by any act
or omission, disadvantaged the Association to such
an extent that it is no longer in the Association’s
best interests that such member should continue to
be a member of the Association, the Committee may,
after giving such member a reasonable opportunity to
be heard by the Committee, and to place before it in
person or in writing or both such explanation or
other material as the member might wish, resolve
that the member be expelled from the Association.
Any such member so expelled shall be notified by the
Secretary in writing of the resolution for such
expulsion within one month thereof and may upon
giving notice in writing to the Secretary within one
month of such notification, appeal to a General
Meeting, which meeting shall be called by the
Committee, and be held within three months of the
resolution for expulsion. That General Meeting may
confirm or rescind the resolution for expulsion. A
Family Membership is not revoked if a member within
that class of membership is expelled and there is at
least one continuing member, but the expelled person
shall not exercise any right or privilege unless
that person is re-admitted. Re-admission of expelled
members shall require a resolution of a General
Meeting. In the case of a Life Member or Honorary
Life Member, expulsion does not take effect until
ratified by a resolution of a General Meeting, which
shall in the case of an Honorary Life Member require
the vote of a three quarters majority. The
prescribed fee originally paid by an expelled Life
Member, less five per cent of the original amount
for each completed year of membership, shall be
refunded in writing if a request in writing for such
a refund is received by the Treasurer within three
months of the expulsion having been finally
confirmed.

Annual General Meeting

7.1   The Association
shall in each calendar year convene an Annual
General Meeting of its members.

7.2   The Annual General
Meeting shall be held at such time and place as the
Committee determines, but in September, unless the
Committee determines otherwise in the twelve month
period before the meeting.

7.3   The Secretary shall
post a notice of and agenda for business of the
Annual General Meeting to all members in the first
fourteen days of July, or in the first fourteen days
of such other month, one and not more than one clear
month ahead of the meeting, that the Committee may
determine in the twelve month period before the
meeting.

7.4   The Annual General
Meeting shall be specified as such in the notice
convening it.

7.5   The ordinary
business of the Annual General Meeting shall be:

(a) to confirm the minutes of the
previous general meeting,

(b) receive from the President and
from the Treasurer, on behalf of the Committee,
reports upon the transactions of the Association
since the previous Annual General Meeting,

(c)  to elect the Officers and
Zone Leaders of the Association as prescribed in Rules 14.2 and
14.3,

(d) to
receive and consider statements submitted by the
Association in accordance with the Act.

7.6   The Annual General
Meeting may transact special business of which
notice is given in accordance with these rules.

Ordinary General Meetings

8      Ordinary

General Meetings of the Association may be held at
such times and at such places as determined by the
Committee, and where, but for this clause, more than
fifteen months would elapse between Annual General
Meetings, the President shall convene an Ordinary
General Meeting before the expiration of that
period.

Special General Meetings

9.1   The President shall,
on the requisition in writing of one quarter of the
total number of members, convene a Special General
Meeting of the Association.

9.2   The requisition for
a Special General meeting shall state the business
proposed to be transacted at the meeting and shall
be signed by the members making the requisition and
be sent to the Secretary and may consist of several
documents in a like form, each signed by one or more
of the members making the requisition.

9.3   If the President
does not cause a Special General meeting to be held
within one month after the date on which the
requisition is sent to the Secretary, the members
making the requisition, or any of them, may convene
a Special General Meeting to be held not later than
three months after that date.

9.4   A Special General
Meeting convened by members in pursuance of these
rules shall be convened in as nearly as possible the
same manner as that in which meetings are convened
by the President and all reasonable expenses
incurred in convening the meeting shall be refunded
by the Association to the persons incurring the
expenses.

Notice of General Meetings other than
the Annual General Meeting

10.1 The Secretary of the Association
shall, at least fourteen days before the date fixed
for holding a General Meeting of the Association,
cause to be sent to each member of the Association
at his address appearing in the Register of Members,
a notice stating the place, date and time of the
meeting and the nature of the business to be
transacted at the meeting.

10.2 No business other than that set
out in the notice convening the meeting shall be
transacted at the meeting.

10.3 A member desiring to bring any
business before a meeting may give notice of that
business in writing to the Secretary, who shall
include that business in the notice calling the next
General Meeting after receipt of the notice.

Proceedings at General Meetings

11.1    All business
that is transacted at a Special General Meeting and
all business that is transacted at the Annual
General Meeting with the exception of that specially
referred to in these rules as being the ordinary
business of the Annual General Meeting shall be
deemed to be special business.

11.2    No item of
business shall be transacted at a General Meeting
unless a quorum of members entitled under these
rules to vote is present during the time when the
meeting is considering that item.

11.3    One quarter of
the total number of members present in person or ten
persons, whichever is the lesser number, shall
constitute a quorum for the transaction of the
business of a General Meeting.

11.4    If, within
half an hour after the appointed time for the
commencement of a General Meeting, a quorum is not
present, the meeting if convened as a Special
General Meeting, shall lapse, and in any other case
shall stand adjourned to the same day in the next
week at the same time, and (unless another place is
specified by the Chairman at the time of the
adjournment or by written notice to members given
before the day to which the meeting is adjourned) at
the same place, and, if at the adjourned meeting a
quorum is not present within half an hour after the
time appointed for the commencement of the meeting,
the members present (being not less than three)
shall be a quorum.

11.5    The President,
or in his absence, a
Vice-President, shall preside as Chairman at each
general meeting of the Association.

11.6    If the
President and the Vice-Presidents are absent
from a General Meeting, the members present shall
elect one of their number to preside as Chairman at
the meeting.

11.7    The Chairman
of a General Meeting at which a quorum is present
may, with the consent of the meeting, adjourn the
meeting from time to time and place to place, but no
business shall be transacted at an adjourned meeting
other than the business left unfinished at the
meeting at which the adjournment took place.

11.8    Where a
meeting is adjourned for 14 days or more, a like
notice of the adjourned meeting shall be given as in
the case of the General Meeting.

11.9    Except as
provided in Rules 11.1 and 11.2, it is not necessary
to give notice of an adjournment or of the business
to be transacted at an adjourned meeting.

11.10  A question arising at a
General Meeting of the Association shall be
determined on the voices unless a show of hands or a
division is demanded by any member.

11.11  Unless before or on the
declaration of the voices or the show of hands as
the case may be, a division, the results of each of
which shall be recorded in the Minute Book, is so
demanded, a declaration by the Chairman that a
motion has, whether on the voices or on a show of
hands, been carried or carried unanimously or
carried by a particular majority or lost, and an
entry stating the outcome in the Minute Book of the
Association, is evidence of the fact, without proof
of the number or proportion of the votes recorded in
favour of, or against, that motion.

11.12  Upon any question arising
at a General Meeting of the Association, a member
has one vote only.

11.13  All votes shall be given
personally, and votes by proxy shall not be
permitted.

11.14  A motion shall not be
carried unless a majority of those voting vote in
favour of the motion, and the Chairman shall have a
deliberative vote only.

11.15  If at a meeting a division
on any question is demanded by not less than two
members, it shall be taken at that meeting in such
manner as the Chairman may direct.

11.16  A division that is
demanded on the election of a Chairman or on a
question of an adjournment shall be taken forthwith
and a division that is demanded on any other
question shall be taken at such time before the
close of the meeting as the Chairman may direct.

Financial Members

12       A
member other than a Life Member or an Honorary Life
Member shall not be a financial member for a
particular financial year until the prescribed
annual subscription for that year has been paid to
the Treasurer, and a person that is not a financial
member, or a Representative of a Member Body that is
a financial member, shall not move or second motions
or vote at a General Meeting, nor be an Officer or
Zone Leader of the Association.

Committee of Management

13.1    The affairs of
the Association between General Meetings shall be
managed by a Committee of
Management constituted as provided in
Rule 13.3.

13.2    The Committee:

(a)    shall, subject
to resolutions of General Meetings, control and
manage the business and affairs of the Association;

(b)    may, subject
to these rules, the regulations and the Act,
exercise all such powers and functions as may be
exercised by the Association other than those powers
and functions that are required by these rules to be
exercised by General Meetings of the members of the
Association; and

(c)    subject to
these rules, the regulations and the Act,
has power to perform all such acts and things as
appear to the Committee to be essential for the
proper management of the business and affairs of the
Association.

13.3  The

Committee shall consist, in terms of the definitions
in Rules 14.1 and 14.2, of the five Officers of the
Association and the Zone Leaders. There shall be
eight Zones, except that
the number of Zones may be fixed at a number other
than eight, but not greater than ten, for the year
in which the Annual General Meeting is held only, by
a resolution of the Annual General Meeting in that
year.

13.4    Each member of
the Committee shall, subject to these rules, hold
office from the close of the Annual Meeting at which
his election is declared until the close of the next
Annual General Meeting, but is eligible for
re-election.

13.5   A
Returning Officer, not being a member of the
Committee or a candidate for election to the

Committee, shall be appointed by
the Committee, and such Returning Officer need not
be a
member of the Association.

Officers of the Association

14.1    The Officers of the Association
shall be:

(a)    a President,

(b)    a Senior
Vice-President,

(c)    a Junior
Vice-President,

(d)    a Secretary,
and

(e)    a Treasurer.

14.2   

The Officers shall be financial members of
the Association elected
at each Annual General Meeting, in the order in
which they are listed in Rule 14.1, by secret
preferential ballot with optional marking of
preferences using the counting

method that was prescribed for elections to
the Australian House of Representatives in 1996.
Candidates may nominate themselves or be nominated
by a single proposer only.

14.3   

The Zone Leaders
of the Association shall be financial members of the
Association, or Representatives of Member Bodies,
that are elected,
one for each Zone, by separate successive election
by each Annual General Meeting, immediately after
the election of the Office-bearers and by the same
system of ballot and vote counting. If fewer Zone
Leaders are elected than the prescribed number of
Zones, or if Zone Leaders subsequently wish to
change to a different Zone, the Committee may
allocate a Zone Leader to a different Zone, or to a
group of Zones. The Zone Leaders shall report to the
Committee for responsibilities it assigns to them in
their Zone or group of Zones. Each Zone shall be a
contiguous area in which members reside, and its
boundaries shall be determined by the Committee,
subject to any resolution of a General Meeting.

14.4   

The Officers of the Association shall be the
Executive Officers of the
Committee, and they may jointly, subject to
resolutions of General Meetings and the Committee,
control and manage the affairs
of the Association between Committee meetings but,
if some Officers are unavailable, the quorum for
such decisions shall be three Officers, one of whom
shall be the President.

14.5    Each
Officer of the Association and each Zone Leader
shall, subject to these rules, hold office from the
close of the Annual General Meeting at which he was elected until
the close of the Annual General
Meeting next after the date of his election, but is
eligible for re-election.

14.6
The office of an
Officer of the Association or a Zone Leader shall
become vacant if the holder of

the office:

(a)    dies,

(b)    ceases to be a
member of the Association (a sufficient cause for
the vacancy in the case of an Officer), or a
Representative of a Member Body,

(c)   

becomes insolvent under administration within
the meaning of the Companies

(Victoria) Code.

(d)    fails to
attend three consecutive meetings of the Committee
following which either the Committee or a General
Meeting resolves that his office be declared vacant,
or

(e)    resigns his office by notice
in writing given to the Secretary.

14.7  

If a casual vacancy occurs in the office of an
Officer of the Association or a Zone Leader it
shall       be filled on an
acting basis by the Committee from among the members
until the next General
   

Meeting, which shall then fill such vacancy from
among the members.

14.8  An

Officer or a Zone Leader may stand for a casual
vacancy in an office without prejudicing the

tenure
of his office if he is unsuccessful, but on being
elected to that vacant office he shall
cease to hold the office he previously
held.

14.9  No

person shall hold more than one office or Zone
Leader position concurrently.

Proceedings of the Committee

15.1    The Committee
shall meet at least three times in each year at such
places and such times as the Committee may
determine.

15.2    Special
meetings of the Committee may be convened by the
President, or requisitioned by any three members of
the Committee by notice in writing addressed to the
Secretary, who shall promptly post a notice of the
meeting to Committee members.

15.3  An

absolute majority of the members of the Committee
shall constitute a quorum for the  transaction
of the business of a meeting of the Committee, but
that quorum shall include either the President or
three Officers.

15.4  No business shall be
transacted by the Committee unless a quorum is
present and if within half an hour of the time
appointed for the meeting a quorum is not present
the meeting shall stand adjourned to the same place
and at the same hour of the same day in the
following week unless the meeting was a Special
Meeting in which case it shall lapse.

15.5  Questions arising at a
meeting of the Committee or of any sub-committee
appointed by the Committee shall be decided by a
majority vote on a show of hands, but if a division
is called by any member the results of the division
shall be recorded in the minutes of the meeting.

15.6  Each member present at a
meeting of the Committee or of any sub-committee
appointed by the Committee (including the person
presiding at the meeting) is entitled to one vote
only and, in the event of an equality of votes on
any question, the question shall be resolved in the
negative.

15.7  Notice of each committee
meeting shall be served on each member of the
Committee at least five days before the meeting.

15.8  Subject to Rule 14.4
the Committee may act notwithstanding any vacancy on
the Committee.

Observers

16       Observers

may, at the discretion of the Chairman, but subject
to resolutions of the Committee or a General
Meeting, attend and be heard at General and
Committee meetings. The Committee may invite
visitors or other suitable persons to attend General
or Committee Meetings as observers.

Secretary

17.1    The Secretary
of the Association shall keep minutes of the
resolutions and proceedings of each General Meeting
and each Committee Meeting together with a record of
the names of persons present at committee meetings.

17.2    The Secretary
shall deal with all correspondence concerning the
Association and shall attend to day-to-day matters
of administration as directed by the Committee.

17.3   The Secretary shall
arrange all meetings and notify members of the time,
date, venue and agenda of meetings.

Treasurer

18.1    The Treasurer
of the Association:

(a)    shall collect
and receive all moneys due to the Association and
shall not make payments unless authorized by the
Association; and

(b)    shall keep correct accounts
and books showing the financial affairs of the
Association with full details of all receipts and
expenditure connected with the activities of the
Association.

18.2    The accounts
and books referred to in Rule 18.1 shall be
available for inspection by members.

18.3    The Treasurer
shall keep the Register of Members and other
information referred to in Rule 5.1.

Director

19       The

Committee or the Association may employ one or more
persons that are not members and pay them as it sees
fit. The senior ranking of such persons shall be the
Director of the Association and may attend and speak
at any meeting unless the meeting requires that he
absent himself from all or part of that meeting. The
Director or other employee shall not vote on any
question.

Cheques

20      Each
cheque, draft, bill of exchange, promissory note and
other negotiable instrument shall be signed
following authorization by the Committee in each
case by any two of three officers appointed for the
purpose by the Committee.

Seal

21.1    The Common
Seal of the Association shall be kept in the custody
of the Secretary.

21.2    The Common
Seal shall not be affixed to any instrument except
by the authority of the Committee, and the affixing
of the Common Seal shall be attested by the
signatures of either of two members of the
Committee, or of one member of the Committee and the
Public Officer of the Association.

Referendums

22    A referendum of all members on
any question other than the alteration of these
rules shall be held by postal ballot within 21 days
of the written requisition of one quarter of the
financial members, the Committee, or the President
supported by another Officer. If a three-fifths
majority of the votes received within 14 days of
posting the ballot-papers is in favour of the
question the result shall be binding unless and
until reversed by a subsequent General Meeting.

Notices

23.1 A notice may be served by or on
behalf of the Association upon any member either
personally or by sending it by post to the member at
his address shown in the Register of Members.

23.2 Where a document is properly
addressed, pre-paid and posted to a person as a
letter, the document shall, unless the contrary is
proved, be deemed to have been given to the person
at the time at which the letter would have been
delivered in the ordinary course of the post.

Dissolution, Winding Up or Cancellation

24.1 In

the event of the dissolution, the winding up or the
cancellation of the incorporation of the
Association, any and all assets remaining after full
settlement of all just debts and liabilities
incurred by the Beaumaris Conservation Society
Incorporated shall be given or transferred to some
other institution or institutions having objects
similar to the objects of the Beaumaris Conservation
Society Incorporated, which objects shall prohibit
the distribution of its income and property amongst
its members to an extent at least as great as is
imposed on the Beaumaris Conservation Society
Incorporated under these rules of incorporation.

24.2 Any dissolution or winding up of
the Association shall be by a vote of its members at
a meeting duly called for the purpose, and the
institution or institutions to which the assets
remaining, referred to in Rule 24.1, shall be given
or transferred shall be determined by a resolution
carried at that meeting; but if that meeting does
not decide by a majority vote who shall receive such
funds, and provided the requirements of Rule 24.1
are met, the funds shall be paid to the Port Phillip
Conservation Council Incorporated;
except that if that organization declines to receive
the funds, or it no longer exists, the funds shall
be paid to the Australian
Conservation Foundation Incorporated,
except that if that organization declines to receive
the funds, or it no longer exists, the funds shall
be donated to the municipal council that includes
the greatest part of Beaumaris, to spend for
conservation purposes.

Custody of Records

25    Except as
otherwise provided in these rules, the Secretary
shall keep in his custody or under his control all
books, documents and securities of the Association.

Funds, and the Not-for-Profit Basis of
the Association

26    The

funds of the Association shall be derived from
annual subscriptions, donations and such other
sources as the Committee determines. The funds,
income, and assets of the Association are to be
applied solely towards achieving the aim and
objectives of the Association, and are not to be
paid or distributed for their profit to any member
or members, or used to give any pecuniary advantage
to any member or members. Nothing in this Clause
shall prevent the re-imbursement to members of
out-of-pocket expenses incurred as part of their
activities as members, Officers or Zone Leaders of
the Association.

Regulations

27    The Committee
may make serially-numbered
Regulations, not inconsistent with
these rules, that shall,
upon being included in minutes confirmed by a
subsequent Committee Meeting, have binding force on
the Association, and that may not be altered or
rescinded except by a General Meeting or a
referendum.

Alteration of Rules, and Statement of
Purposes

28    These Rules
and the Statement of Purposes of the Association
shall not be altered except in accordance with the Act.

—————————————-

Appendix 1

Beaumaris Conservation Society Inc.

(Formerly Beaumaris Tree Preservation
Society 1953-70)

Membership

Application

The
Treasurer,
Beaumaris
Conservation Society Inc.

I apply
to join Beaumaris Conservation Society Inc., for
1996-97*, in the membership class for which I have
entered the subscription payable below. I agree to
be bound by the Rules of the Association for the
time being in force.

Signature
of Applicant
…………………………………………………………………..
Date …………………………….199 …..