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RA-Aus Board by-laws
Rev. 0 — page created 5 March 2010
The RA-Aus Board may make by-laws for conducting its own proceedings and for general management of the Association's affairs. Some by-laws refer to a particular rule in the RA-Aus constitution, in which case the by-law should be read in conjunction with the rule.
1. RA-Aus elections
2. Annual General Meeting notices
3. Board meetings – agendas and reports
4. Election nomination forms
5. Observers at RA-Aus meetings
7. Club affiliation
8. Voting procedures at board elections
9. Smoking in RA-Aus premises
10. Duty statement: Board members
11. Number of board members present for the establishment of a quorum for voting
12. The Board may reject an application for membership
1. Bank signatories
2. Financial delegations
By-law 1: RA-Aus elections
1. The calling of nominations shall be arranged by the Association's central office.
2. A closing date, and hour of the day, shall be set for nominations for all elections. Nominations must be received in writing at the Association's office prior to the close of nominations and may be sent by facsimile or mail or hand delivered. Any correspondence relating to a nomination, or any nomination, received after the closing hour and date, shall not be considered or entered into.
3. The printing and the issue of ballot papers shall be arranged by the Association's Office.
4. All ballot papers shall be validated before counting.
5. The counting of votes shall be conducted by staff at the Association's office under the supervision of the Chief Executive Director (CEO). At least one independent person who shall be of good repute, and who is not a member of the Association, shall be employed for the time being, to witness the counting of ballots. Such person shall sign a declaration to the effect that they were a witness to the count.
6. Scrutineers may attend the count, but shall not participate in the actual counting of votes.
7. All votes shall be by written ballot.
8. A closing date and hour of the day, shall be set for the return of ballot papers. Ballot papers must be received at the Association's office prior to the time and day set for closure of returns. Ballots received after the closure shall not be counted.
9. In the event of an equality of votes, the CEO shall resolve the issue by drawing of lots witnessed by the independent person(s).
By-law 2: Annual General Meeting notices
Notice under these Articles will be deemed to have been served if it is printed in the Recreational Aviation Australia Inc. magazine which is the official journal of the Association.
By-law 3: Board meetings – agendas and reports
1. Rule 18 provides for the notification and calling of RA-Aus Board meetings.
2. To enable the expeditious conduct of business at Board meetings, an agenda with supporting papers is to be distributed to Board Members in sufficient time prior to the meeting for consideration by the Board members and their Regional Members, where applicable.
3. Items for the agendas, including reports by Sub-Committees and Ex-Officio members as listed on the agenda, should be compiled and forwarded to the office six weeks prior to the meeting for inclusion in the agenda and distribution for receipt by Board Members at least 28 days prior the meeting.
4. Where necessary, essential additions to reports covering the period from the date of the report to the opening of the meeting may be forwarded to the office for distribution at the meeting, or distributed by the responsible person at the meeting.
By-law 4: Election nomination forms
Reference: By-Law No 1.
1. By-Law No 1 authorises the calling of nominations for elections by the Association's office.
Nomination and Advice Forms
2. The following example form of nomination, amended as required to comply with the relevant dates, shall be used for the calling and submission of nominations under the Constitution and Rules, and By-Law No 1:
a. Board Member. (Example at Annex A)
Election Statements by Candidates
Candidates for positions as Board Members of the Association shall be entitled to submit an election statement of their own choice for insertion into the Recreational Aviation Australia Inc. magazine at no cost to the candidate.
The statement must be prepared in black ink on one side only of one white A4 size paper sheet at the candidate's own cost, and shall be forwarded with the candidate's nomination paper to the Association's office prior to the time and date that nominations shall close.
The statement must include a statement of all positions of income, remuneration or honorarium in any organisation with aviation related interests. Such organisations shall include those of sole trader, partnership, unincorporated association, incorporated association or limited liability company.
After close of nominations, all statements received shall be photo reduced to A5 size, printed in black ink on white paper and placed as inserts in the Recreational Aviation Australia Inc. magazine in alphabetical order by surname in each position nominated for.
Annex: A. Board Member Nomination Form. (Example Only)
By-law 5: Observers at RA-Aus meetings
1. Observers may attend Board meetings (except in Section 3 below) provided:
a. Observers who hold and produce the proxy of a member must be members.
b. Observers must not electronically record the proceedings of any part of the meeting except with the approval of the meeting.
c. Observers will be required to leave the meeting when a majority vote of the meeting resolves that the meeting be held "in camera", or the Board resolves to go into Committee of the Whole.
d. Observers will at all times refrain from questions, comments, or disruption of any kind, during the meeting.
2. Failure of an observer to comply with this By-Law may result in the removal of that observer from the meeting.
3. Observers are not permitted to attend any specialist sub-committee meeting where matters of a confidential nature may be discussed.
4. Section 3 does not limit the rights of members to ask to attend all or part of any such meeting nor for the specialist sub-committee to call members to attend part or all of such meetings.
By-law 7: Club affiliation
CONSTITUTION - SECTION B9
1. The meaning of 'club' is defined in Rule 1 of the Constitution. For the purposes of this By-Law, clubs as defined in Rule 1 shall be called 'affiliated clubs'.
Application for Affiliation
2. A club seeking affiliation with the Association shall make a formal request for affiliation signed by an appointed or elected official of the club in the form of application set out at Annex A to this By-Law, and provide a list of club members for determination of RA-Aus financial membership.
Affiliation Processing and Eligibility for Affiliation
3. On receipt, the request for affiliation will be referred to the Board for approval, if eligible. To be eligible for affiliation and continued affiliation, a club must have at least seven (7) RA-Aus financial members who are not listed with another club for the purposes of affiliation, unless written advice is received from the member nominating the club seeking affiliation as their primary club.
Transfers of RA-Aus Membership for Club Affiliation Purposes
4. Where an RA-Aus financial member is listed with another affiliated club they must provide the RA-Aus with written notification which club or affiliated club they require their primary membership to be listed with for affiliation purposes.
Club Constitution or Rules
5. At the time of making a request for affiliation or within one month of the request and before affiliation can be approved, the club shall provide the RA-Aus with a copy of:
a. the club's approved constitution or rules; and
b. the club's Certificate of Incorporation (if applicable); or
c. the Minutes of the club's inaugural General Meeting formalising the formation of the club; or
d. in the case of a long established club, some form of record acceptable to the RA-Aus verifying the official formation of the club.
6. The RA-Aus strongly recommends that all clubs seeking affiliation with the Association incorporate themselves in accordance with their respective State Government legislation to provide cover for their officials and members in their activities.
Approval of Affiliation
7. On approval of affiliation and after receipt by the RA-Aus office of the scheduled affiliation fee, an affiliated club shall be notified of its affiliation.
Suspension of Affiliation
8. If the RA-Aus financial membership of an affiliated club falls below the seven members required by Clause 3 of this By-Law, the club's affiliation shall be suspended until such time as it has the required RA-Aus financial membership. A suspended affiliated club shall lose all its affiliation entitlements while suspended.
Affiliated Clubs Membership Lists
9. Clubs approved for affiliation with the RA-Aus are required to provide a list of their membership for verification of RA-Aus financial membership:
a on renewal of their annual membership fee;
b when required by the Secretary of the RA-Aus
Clubs Affiliated with the RA-Aus at the Date of Adoption of this By-Law
10. Clubs which have been approved for affiliation prior to the adoption of this By-Law shall provide a copy of the documents required by Clause 5 of this By-Law, within six moths of this By-Law becoming effective. Clubs failing to comply with this Section of the By-Law will be suspended until the requirement has been met.
Review of Affiliation
11. The continued affiliating of a club shall be reviewed by the Board from time to time. If an affiliated club is deemed to be in default of this By-Law, or is unfinancial, the Board may suspend of cancel its affiliation after notice has been served on the affiliated club at its last address advised to the RA-Aus office.
Annex: A Application for Affiliation
By-law 8: Voting procedures at board elections
The method known as the Optional Preferential System shall be used as the method of electing Board Members of RA-Aus Inc.
Members shall mark candidate's names on ballot papers in order of preference, starting with the number 1 (one) for the candidate of first choice and numbering consecutively from 2 (two) onwards for as many candidates as the member may wish to state their preference.
If a completed ballot paper has a mark, not being the number 1 (one) at a candidate's name and there are no other marks on the ballot paper at other candidate's names, the ballot shall be deemed to be a vote for the marked candidate.
Where any intentions cannot be determined without interpretation, the ballot shall be valid so far as it complies with this By-Law, and informal from the point where interpretation is needed.
Votes shall be counted in the following manner:
1 For each vacancy, votes shall be counted for each candidate. If no candidate has an absolute majority, the candidate with the least number of votes shall be excluded and their votes distributed according to any preferences. If preferences are not indicated, those votes shall not be distributed but kept separate.
2 If after the first distribution of preferences, no candidate has an absolute majority, again the candidate with the least number of votes (including first preferences) shall be excluded and their votes (including first preferences) shall be distributed according to any second preferences. This procedure shall continue until one candidate has an absolute majority.
If there is more than one vacancy for a Board Member in a Region, following the election of a candidate in accordance with para (2) above, that candidate shall be excluded from further voting and their votes distributed according to first preferences (if any). The counting of votes for the second vacancy shall proceed in the same manner described above.
By-law 9: Smoking in RA-Aus premises
1. Any gathering of persons under the direct control or sponsorship of Recreational Aviation Australia Inc., where such gathering is being conducted within a room, building or similar enclosed space, shall be declared to be a 'No Smoking' area.
2. Any person who declines to comply with this By-Law shall be required to leave the gathering.
By-law 10: Duty statement: Board members
Implemented May 1996
1. Represent the Members of the RA-Aus as a whole and the Members of the Region specifically
2. Actively promote and encourage the ultralight movement through liaison with government and other organisations in the Region, on behalf of the RA-Aus
3. Attend all Board meetings or arrange alternate delegate or proxy
4. Perform all tasks and duties agreed by the Board, as far as possible within the Member's power
5. Delegate tasks as required but remain responsible for all actions and decisions of delegates
6. Action matters as directed by the Board
7. Carry out all duties described in the Constitution and Rules
8. Forward reports on all matters of relevance to the RA-Aus Office in a timely manner
By-law 11: Number of Board Members present for the establishment of a quorum for voting
Implemented 27 October 1997
Where a board member fails to return a ballot paper or returns an unmarked ballot paper, that board member shall be deemed not to have been present for the purpose of the establishment of a quorum;
Where a board member returns a ballot paper marked as declaring a pecuniary interest and refraining from voting, that member shall be deemed to have withdrawn from the debate and shall be deemed _not_ to have been present for the purpose of the establishment of a quorum;
Where a board member returns a ballot paper marked as abstaining from voting, that board member shall be deemed to have been present for the purpose of the establishment of a quorum;
For all other situations that board member shall be deemed to have been present for the purpose of the establishment of a quorum.
By-law 12: The Board may reject an application for Membership
Implemented September 2007
The board may reject an application for membership where the applicant's previous history indicates his/her behaviour has the potential to bring the RA-Aus into disrepute.
August 2007 - Recreational Aviation Australia Inc. Magazine
Standing Minute No: 1The signatories to the RA-Aus bank and investment accounts shall be limited to the President, the Secretary, the Treasurer, the CEO and, at the discretion of the CEO, those office staff required to be signatories to permit the timely transfer of funds into and out of accounts.
Standing Minute No: 2Subject to any standing delegations authorised by the Treasurer, the limit of expenditure of RA-Aus funds by way of a cheque signed by the CEO or the Office Supervisor, and one of the RA-Aus office staff, other than the CEO or the Office Supervisor, shall not exceed $250.00, unless authorised by the Treasurer.
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