constitution
1. 2. Objects and Purposes of the Association
6. Income and Property of Association
7. Accounts of Receipts, Expenditure, etc.
13. Notices of General Meetings
14. Business and Quorum at General Meetings
15. President to Preside at General Meetings
16. Adjournment of General Meetings
17. Determinations of Questions Arising at General Meetings
21. Affairs of Association to be Managed by a Committee
22. Officers of the Association
23. Constitution of the Committee
24. Election of Members of the Committee
26. Meetings of the Committee and of Sub-committee
27. Disclosure of Interest in Contracts etc.
28. Sub-committees and Executive Committee
29. Annual Subscription and Joining Fee
33. Alteration of the Constitution
Objects and Purposes of the Association
1. The name of the Association shall be Australian Archaeological Association Incorporated (hereinafter called the Association).
2. The objects of the Association are:
(a) to promote the advancement of archaeology;
(b) to provide an organisation for the discussion and dissemination of archaeological information and ideas in archaeology;
(c) to convene meetings at regular intervals;
(d) to publicise the need for the study and conservation of archaeological sites and collections;
(e) to publicise the work of the Association.
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Powers of the Association
3. The powers of the Association shall include:
(a) the purchase, taking on lease or in exchange, and the hiring or otherwise acquiring of any real or personal property that may be deemed necessary or convenient for any of the objects or purposes of the Association;
(b) the buying, selling and supplying of, and dealing in goods of all kinds;
(c) the construction, maintenance and alteration of building or works necessary or convenient for any of the objects or purposes of the Association;
(d) the accepting of any gift, whether subject to a special trust or not, for any one or more of the objects or purposes of the Association;
(e) the taking of such steps from time to time as the Committee or the members in general meeting may deem expedient for the purpose of procuring contributions to the funds of the Association, whether by way of donations, subscriptions or otherwise;
(f) the printing and publishing of such newspapers, periodicals, books, leaflets, or other documents as the Committee or the members in general meeting may think desirable for the promotion of the objects and purposes of the Association;
(g) the borrowing and raising of money in such manner and on such terms as the Committee may think fit or as may be approved or directed by resolution passed at a general meeting and securing the repayment of money so raised or borrowed or the payment of a debt or liability of the Association by giving mortgages, charges or securities upon or overall or any of the real or personal property of the Association;
(h) subject to the provisions of the Trustee Ordinance 1957, the investment of any moneys of the Association not immediately required for any of its objects or purposes in such manner as the Committee may from time to time determine;
(i) the making of gifts, subscriptions or donations to any of the funds, authorities, or institutes to which paragraph (a) of subsection (1) of section 78 of the Income Tax Assessment Act 1936, as amended, of the Commonwealth relates;
(j) the establishment and support or aiding in the establishment or support, of any other association formed for any of the basic object of the Association;
(k) the doing of all such other lawful things as are incidental or conducive to the attainment of the objects and purposes of the Association or of any of the powers specified in the foregoing provisions of this sub-rule.
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Rules of the Association
4. (1) In these rules, unless the contrary intention appears
- General meeting means a meeting of members convened in
accordance with rule 13.
- Ordinary committeeman means a member of the committee to whom paragraph (b) ob sub-rule (1) of rule 23 relates.
(2) In these rules, expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form.
(3) Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Interpretation Ordinance 1937-1959 and that Ordinance as in force on the date on which those rules are adopted by the Association.
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Membership of Association
5. (1) A person who applies for membership as provided in these rules is eligible to be a member of the Association on payment of the joining fee and the annual subscription prescribed in, or fixed under, these rules.
(2) A person who is not a member of the Association at the time of the incorporation of the Association may apply to be admitted to membership.
(3) An application of a person for membership of the Association shall be made in writing to the Public Officer of the Association.
(4) As soon as practicable after the receipt of an application, the Public Officer shall notify the applicant that upon receipt of the sum payable by or on behalf of the applicant as his joining fee and first year's subscription, the applicant's name shall be entered in the register of members kept by the Public Officer and the applicant shall thereupon become a member of the Association.
(5) As soon as practicable after the receipt of an applicant's joining fee and first year's subscription, the Public Officer shall enter the name of the applicant on the register of members, whereupon the applicant becomes a member of the Association.
(6) A member of the Association may, at any time, resign from the Association by delivering or sending by post to the Public Officer a written notice of resignation.
(7) Upon receipt of a notes under sub-rule (8) of this rule, the Public Officer shall remove the name of the member by whom the notice was given from the register of members, whereupon that member ceases to be a member of the Association.
(8) A right, privilege, or obligations of a person by virtue of his membership of the Association:
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates upon the cessation of his membership, whether by death, resignation, or otherwise.
(9) Members of the Association are not liable to contribute towards payment of liabilities of the Association on a winding up.
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Income and Property of Association
6. (1) The income and property of the Association, 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, to any member of the Association.
(2) The Association shall not:
(a) appoint a person who is a member of the Association to any office in the gift of the Association to the holder of which there is payable any remuneration by way of salary, fees or allowances; or
(b) pay to any such person any remuneration or other benefit in money or money's worth (other than the repayment of out-of-pocket expenses).
(3) Nothing in the foregoing provisions of this rule prevents the payment in good faith to a servant or member of the Association of:
(a) remuneration in return for services actually rendered to the Association by the servant or member or for goods supplied to the Association by the servant or member in the ordinary course of business;
(b) interest at current bank overdraft rate on money lent; or
(c) a reasonable and proper sum by way of rent for premises let to the Association by the servant or member.
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Accounts of Receipts, Expenditure, etc.
7. (1) True accounts shall be kept:
(a) of all sums of money received and expended by the Association and the matter in respect of which the receipt or expenditure takes place; and
(b) of the property, credits, and liabilities of the Association and subject to any reasonable restrictions as to time and manner of inspecting them that may be imposed by the Association for the time being, those accounts shall be open to the inspection of the members of the Association.
(2) The Treasurer of the Association shall faithfully keep all general records, accounting books, and records of receipts and expenditure connected with the operations and business of the Association in such form and manner as the Committee may direct.
(3) The accounts, books, and records referred to in sub-rules (1) and (2) of this rule shall be kept at the Association's office or at such other place as the Committee may decide.
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Banking and Finance
8. (1) The Treasurer of the Association shall, on behalf of the Association, receive all moneys paid to the Association.
(2) 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.
(3) The Committee may receive from the Association's bank or bankers for the time being the cheques drawn by the Association on any of its accounts with the bank or bankers and may release and indemnify the bank or bankers from and against all claims, actions, suits, or demands that may be brought against the bank or bankers arising directly or indirectly out of these cheques or the surrender thereof to the Association.
(4) Except with the authority of the Committee, no payment of a sum exceeding five dollars shall be made from the funds of the Association otherwise than by cheque drawn on the Association's bank account, but the Committee may provide the Treasurer with a sum to meed urgent expenditure, subject to the observance of such conditions in relations to the use and expenditure thereof as the Committee may impose.
(5) No cheque shall be drawn on the Association's bank account except for the payment of expenditure that has been authorised by the Committee.
(6) All cheques, drafts, bills of exchange, promisory notes and other negotiable instruments shall be signed by the Treasurer or, in his absence, by such other member or members of the Committee as the Committee may nominate for that purpose, and shall be coutersigned by the Public Officer.
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Auditor
9. (1) At each annual general meeting of the Association, the members present shall appoint a person who is not a member or the Public Officer of the Association as the auditor of the Association.
(2) A person so appointed shall hold office until the annual general meeting next after that at which he is appointed, and is eligible for re-appointment.
(3) The first auditor of the Association may be appointed by the Committee before the first annual general meeting and, if so appointed, shall hold office until the first annual general meeting, unless previously removed by a resolution of the members of the Association at a general meeting, in which case the members at that meeting may appoint an auditor to act until the first annual general meeting.
(4) If an appointment is not made at an annual general meeting the Committee shall appoint an auditor of the Association for the then current financial year of the Association.
(5) 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.
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Audit of Accounts
10. (1) Once at least in each financial year of the Association, the accounts of the Association shall be examined by an auditor.
(2) The auditor shall certify as to the correctness of the accounts of the Association and shall report thereon to the members of the Association present at the annual general meeting.
(3) In his report, and in certifying to the accounts, the auditor shall state:
(a) whether he has obtained the information required by him;
(b) whether, in his opinion, the accounts are properly drawn up so as to exhibit a true and correct view of the financial of the Association according to the information at his disposal and the explanations given to him and as shown by the books of the Association; and
(c) whether the rules relating to the administration of the funds of the Association have been observed.
(4) The Public Officer of the Association shall cause to be delivered to the auditors a list of all the accounts, books and records of the Association.
(5) The auditor:
(a) has the right of access to the accounts, books, records, vouchers, and documents of the Association;
(b) may require from the servants of the Association such information and explanations as may be necessary for the performance of his duties as auditor;
(c) may employ persons to assist him in investigating the accounts of the Association; and
(d) may, in relation to the accounts of the Association, examine any member of the Committee or any servant of the Association.
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Annual General Meeting
11. (1) The Association shall, in each year, hold an annual general meeting.
(2) The annual general meeting shall be held on such day as the Committee may determine.
(3) The annual general meeting shall be in addition to any other general meetings of the Association that may be held in the same year.
(4) The annual general meeting shall be specified as such in the notice convening it.
(5) The ordinary business of the annual general meeting shall be:
(a) to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
(b) to receive from the Committee, auditor, and servants of the Association reports upon the transactions of the Association during the last preceding financial year;
(c) to elect the officers of the Committee of the Association and the ordinary committee;
(d) to appoint the auditor and determine his remuneration; and
(e) to determine the remuneration of servants of the Association.
(6) The annual general meeting of the Association may transact special business of which notice is given in accordance with these rules.
(7) All general meetings of the Association other than the annual general meeting shall be called ordinary general meetings.
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Ordinary General Meetings
12. (1) The Committee may, whenever it thinks fit, convene an ordinary general meeting of the Association.
(2) The Committee shall, on the requisition in writing of not less than twenty members of the Association convene an ordinary general meeting of the Association.
(3) A requisition for an ordinary general meeting shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the office of the Association and may consist of several documents in the like form, each signed by one or more of the requisitionists.
(4) If the Committee does not cause an ordinary general meeting to be held within two months from the date on which a requisition therefore is deposited at the office of the Association, the requisitionists, or any of them, may convene the meeting, but any meeting so convened shall not be held after three months from the date of the deposit of the requisition.
(5) An ordinary general meeting convened by requisitionists in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Committee, and all reasonable expenses that the Association would normally incur on holding an ordinary general meeting, that are incurred by the requisitioners in convening the meeting shall be refunded by the Association to the persons incurring them.
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Notices of General Meetings
13. The Public Officer of the Association shall, at least fourteen days before the date fixed for holding an ordinary general meeting meetings of members of the Association, cause a notice in writing to be posted to every member of the Association at the address for that member specifying the place, day and time for the holding of the meeting and the nature of the business to be transacted thereat.
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Business and Quorum at General Meetings
14. (1) All business that is transacted at ordinary general meetings of the Association 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.
(2) No item of business shall be transacted at a general meeting of the Association unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.
(3) Twenty members personally present (being members of the Association entitled under these rules to vote thereat) constitute a quorum for the transaction of the business of a general meeting.
(4) If within one hour after the appointed time for the commencement of a general meeting of the Association a quorum is not present, the meeting it convened upon the requisition of members shall be dissolved; and in any other case it shall stand adjourned to the following day, at the same time (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 one hour after the time appointed for the commencement of the meeting, the meeting shall be dissolved.
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President to Preside at General Meetings
15. (1) The President, or in his absence, the Secretary, or in the absence of both the President and the Secretary, the Treasurer shall preside as chairman at every general meeting of the Association.
(2) If the President and the Secretary and the Treasurer are absent from a general meeting, the members present shall elect one of their number to preside as chairman thereat.
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Adjournment of General Meetings
16. (1) 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.
(2) Where a meeting is adjourned for fourteen days or more, the like notice of the adjourned meeting shall be given as in the case of the original meeting.
(3) Except as provided in the foregoing provisions of this rule, it is not necessary to give any notice of an adjourned meeting.
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Determinations of Questions Arising at General Meetings
17. A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the result of the show of hands a poll is demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried, or carried unanimously, or carried by a particular majority or lost, and an entry to that effect 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 resolution.
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Votes
18. (1) Upon any question arising at a general meeting of the Association, a member has one vote only.
(2) All votes shall be given personally.
(3) In the case of an equality of voting on a question the chairman of the meeting is entitled to exercise a second or casting vote.
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Taking of Poll
19. If at a meeting a poll on any question is demanded by any member present it shall be taken at that meeting in such manner as the chairman may direct, and the result of the poll shall be deemed to be the resolution of the meeting on that question.
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When Poll to be Taken
20. A poll that is demanded on the election of a chairman, or on a question of adjournment, shall be taken forthwith, and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the chairman may direct.
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Affairs of Association to be Managed by a Committee
21. (1) The affairs of the Association shall be managed by a Committee constituted as provided in rule 23.
(2) The committee:
(a) shall control and manage the business and affairs of the Association;
(b) may, subject to those rules, 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 members of the Association; and
(c) subject to the Ordinance and these rules, 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.
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Officers of the Association
22. (1) The officers of the Association shall be:
(a) a President;
(b) a Secretary;
(c) a Treasurer;
(d) two Editors; and
(e) a Public Officer (who is a person resident in the Australian Capital Territory) for the purposes of the Associations Incorporation Ordinance.
(2) The provisions of sub-rules (2), (3) and (4) of rule 24, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the officers mentioned in sub-rule (1) of this rule.
(3) Each officer of the Committee of the Association shall hold office until the annual general meeting of the Association next after the date of his election but is eligible for re-election.
(4) In the event of a casual vacancy in any office mentioned in sub-rule (1) of this rule, the Committee may appoint a member of the Association to the vacant office, and the member so appointed may continue in office up to and including the conclusion of the annual general meeting of the Association next following the date of his appointment.
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Constitution of the Committee
23. (1) The Committee shall consist of:
(a) the officers of the Association; and
(b) any number of other members that the annual general meeting may determine, all of whom shall be elected at the annual general meeting of the Association in each year.
(2) Each ordinary committeeman shall, subject to these rules, hold office until the annual general meeting of the Association next after the date of his election, but is eligible for re-election.
(3) In the event of a casual vacancy occurring in the office of ordinary committeeman, the Committee may appoint a member of the Association to fill the vacancy, and the member so appointed shall hold office, subject to these rules until the conclusion of the annual general meeting of the Association next following the date of his appointment.
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Election of Members of the Committee
24. (1) Nominations of candidates for election as officers of the Association or as ordinary committeemen:
(a) 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 nomination); and
(b) shall be delivered to the Public Officer of the Association at least ten days before the date fixed for the holding of the annual general meeting of the Association.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting of the Association.
(3) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
(4) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
(5) The ballot for the election of officers and ordinary committeeman shall be conducted at the annual general meeting of the Association in such usual and proper manner as the Committee may direct.
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Vacation of Office
25. For the purposes of these rules, the office of an officer of the Association or of an ordinary committeeman becomes vacant if the officer or committeeman:
(a) dies;
(b) becomes bankrupt or applies to take or takes advantage of any law relating to bankrupt or insolvent debtors or compounds with his creditors;
(c) becomes of unsound mind;
(d) resigns his office by writing under his hand addressed to the Committee;
(e) fails, without leave granted by the Committee, to attend three consecutive meetings of the Committee;
(f) ceases to be a member of the Association; or
(g) fails to pay all arrears of subscription due by him within fourteen days after he has received a notice in writing signed by the Public Officer stating that he has ceased to be a financial member of the Association.
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Meetings of the Committee and of Sub-committee
26. (1) The Committee shall meet as such place and at such times as the Committee may determine.
(2) Special meetings of the Committee may be convened by the President or any three of its members.
(3) Notice shall be given to members of the Committee of any special meeting, specifying the general nature of the business to be transacted, and no other business shall be transacted at such a meeting.
(4) Any three members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.
(5) No business shall be transacted unless a quorum is present and if within one hour of the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same place at the same hour on the following day unless the meeting was a special meeting, in which case it lapses.
(6) At meetings of the Committee:
(a) the President, or in his absence the Secretary, or in the absence of both the President and the Secretary, the Treasurer; or
(b) if the President and the Secretary are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside.
(7) Questions arising at meetings of the Committee or of any subcommittee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.
(8) 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 and, in the event of an equality of votes of any questions, the person presiding may exercise a second or casting vote.
(9) Written notice of each Committee meeting shall be served on each member of the Committee by delivering to him at a reasonable time before the meeting or by sending it by post in a prepaid letter addressed to him at his usual or last known place of abode in time to reach him in due course of post before that date of the meeting.
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Disclosure of Interest in Contracts etc.
27. (1) A member of the Committee who is interested in any contract or arrangement made or proposed to be made with the Association, shall disclose his interest at the first meeting of the Committee at which the contract or arrangement is first taken into consideration, if his interest then exists, or in any other case, at the first meeting of the Committee after the acquisition of his interest.
(2) If any member of the Committee votes as a member of the Committee in respect of any contract or arrangement in which he is interested, his vote shall not be counted.
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Sub-committees and Executive Committee
28. (1) The Committee may at any time appoint a sub-committee from the Committee as it may think fit and shall prescribe the powers and functions thereof.
(2) The Committee may co-opt as members of a sub-committee such persons as it thinks fit, whether or not those persons are members of the Association, but a person so co-opted is not entitled to vote.
(3) Three appointed members of a sub-committee constitute a quorum at a meeting of the sub-committee.
(4) The Public Officer of the Association is responsible for calling meetings of a sub-committee.
(5) Written notice of each sub-committee meeting shall be served on each member of the sub-committee by delivering it to him at a reasonable time before the meeting or by sending it by post in a prepaid letter addressed to him at his usual or last-known place of abode in time to reach him in due course of post before the date of the meeting.
(6) The President, the Secretary, the Treasurer, the two Editors constitute an executive committee, which may issue instructions to the Public Officer and the servants of the Association in matters of urgency connected with the management of the affairs of the Association during the intervals between meetings of the Committee, and where any such instructions are issued shall report thereon to the next meeting of the Committee.
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Annual Subscription and Joining Fee
29. (1) Until otherwise fixed pursuant to sub-rule (2) of this rule, any annual subscription and joining fee payable by members of the Association shall be prescribed by the Committee.
(2) The amount of any annual subscription and joining fee may be altered from time to time by members of the Association by resolution.
(3) Any annual subscription of a member of the Association is due and payable on or before the first day of the financial year of the Association, or as determined by the Committee.
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Financial Year
30. The financial year of the Association is the period beginning on the first day of October in each year and ending on the thirtieth day of September next following.
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Notices
31. A notice may be served by or on behalf of the Association upon any member of the Association either personally or by sending it through the post in a prepaid letter addressed to the member at his usual or last-known place of abode.
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Expulsion of Members
32. (1) Subject to this rule, the Committee may expel a member from the Association if, in the opinion of the Committee the member has been guilty of conduct detrimental to the interests of the Association.
(2) The expulsion of a member pursuant to sub-rule (1) of this rule does not take effect:
(a) until the expiration of fourteen days after the service on the member of a notice under sub-rule (3) of this rule; or
(b) if the member exercises his right of appeal under this rule, until the conclusion of the special general meeting of the Association convened to hear the appeal;
whichever is the later date.
(3) Where the Committee expels a member from the Association, the Public Officer of the Association shall, without undue delay, cause to be served on the member a notice in writing:
(a) stating that the Committee has expelled the member;
(b) specifying the grounds for the expulsion; and
(c) informing the member that if he so desires he may, within fourteen days after the service of the notice on him, appeal against the expulsion as provided in this rule.
(4) A member on whom a notice under sub-rule (3) of this rule is served may appeal against the expulsion to a special meeting of the Association by delivering or sending by post to the Public Officer of the Association, within fourteen days after the service of that notice, a requisition in writing demanding the convening of such a meeting for the purpose of hearing his appeal.
(5) Upon the receipt of a requisition under sub-rule (3) of this rule, the Public Officer shall forthwith notify the Committee of its receipt and the Committee shall thereupon cause a special general meeting of members of the Association to be held within twenty-one days after the date on which the requisition is received by the Public Officer.
(6) At a special general meeting of the Association convened for the purpose of this rule:
(a) no business other than the question of the expulsion shall be transacted;
(b) the Committee may place before the meeting of the Association details of the grounds of the expulsion and the Committee's reasons for the expulsion;
(c) the expelled member shall be given an opportunity to be heard; and
(d) the members of the Association present shall vote by secret ballot on the question whether the expulsion should be lifted or confirmed.
(7) If at the special meeting of the Association a majority of the members present vote in favour of the lifting of the expulsion, the expulsion shall be deemed to have been lifted and the expelled member is entitled to continue his membership of the Association.
(8) If at the special general meeting of the Association a majority of the members present vote in favour of the confirmation of the expulsion, the expulsion takes effect, and the expelled member ceases to be a member of the Association.
Alteration of the Constitution
33. (1) The rules may be amended by resolution passed by a two-thirds majority of members of the Association voting at any general meeting.
(2) Notice of the proposed amendment shall be included in the notice calling the general meeting.
(3) An amendment to the objects and purposes of the Association shall not be effective until approved by the Registrar.
(4) An alteration of the objects, purposes or rules is of no effect until a copy of the alteration is lodged with the Registrar of Companies in the ACT.
34. (1) 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'.
(2) The seal of the Association shall not be affixed to any instrument except by the authority of the Committee and the affixing thereof shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of 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 the authority of the Committee.
(3) The seal shall remain in the custody of the Public Officer.