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Constitution & Rules of Association
CONSTITUTION AND RULES OF ASSOCIATION (Version 8, 2010)
WATER INDUSTRY OPERATORS ASSOCIATION OF AUSTRALIA INCORPORATED
 DOWNLOAD WIOA Constitution (Version 8 - 2010) [PDF152 KB]
SECTION 1 - GENERAL
1. NAME
The name of the Association is WATER INDUSTRY OPERATORS ASSOCIATION OF AUSTRALIA INCORPORATED ( WIOA ) , hereinafter referred to as the ASSOCIATION.
The Association shall not change its name without the concurrence of three-fourths of the members present at a meeting called for that purpose, or after a motion to the Annual General Meeting.
2. ASSOCIATION LOGO
The logo of the Association shall be:
3. STATEMENT OF OBJECTIVES AND PURPOSES
( 1 ) The purpose of the Association is:
( a ) To disseminate knowledge and information;
( b ) To foster research; and
( c ) To provide services of an educational and training nature throughout
Australia – in relation to and for the benefit of the water industry.
( 2 ) Without derogating from sub-clause ( 1 ) the Association's purpose shall include the
following objectives:
( a ) To accumulate and disseminate knowledge and information in relation
to any aspect of the water industry.
( b ) To increase participation in research by persons engaged in the water
industry.
( c ) To increase the knowledge and skills of persons engaged in the water
industry.
( d ) To promote standards of education and training to ensure the
competency of persons engaged in the water industry.
( e ) To develop key partnerships to deliver high quality education and
training in a cost efficient manner.
( f ) To ensure that the Association’s educational focus reflects priorities and
needs for the water industry.
( g ) To improve equity of access to educational resources regardless of
location.
( h ) To provide training and facilitate professional development for
supervisors and mentors.
( i ) To integrate continuous quality improvement processes into all aspects
of the management and delivery of programmes.
( j ) To do all such things as are incidental and conducive to the attainment
of the above objectives throughout Australia.
( 3 ) Guiding Principles:
( a ) The Association shall seek to preserve clean waterways and protect
public health as well as the environment.
( b ) The Association shall seek to promote the sustainable management of
water.
4. DEFINITIONS
( 1 ) In these Rules, unless the contrary intention appears—
general committee means the officers and ordinary general committee members of the Association elected under rule 22;
committee means the committee of management of the Association appointed under rule 24;
financial year means the year ending on 31 December;
general meeting means a general meeting of members convened in accordance with rule 12;
member means an individual member, corporate member or Life Member of the Association;
Regulations means regulations under the Act;
relevant documents has the same meaning as in the Act;
the Act means the Associations Incorporation Act 1981.
( 2 ) In these Rules, a reference to the Secretary is a reference—
( a ) If 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.
5. ALTERATION OF RULES
These Rules and the statement of purposes of the Association must not be altered except in accordance with the Act and Rule 14.
SECTION 2 – MEMBERSHIP
6. MEMBERSHIP CATEGORIES
( 1 ) Individual Member
Individual Member status is available to:
- any person employed in the water industry
- any person supplying equipment and/or services for direct use in the
water industry
Upon retirement or change in employment, any person who has previously qualified for Member status may remain a Member indefinitely, by paying the annual membership fee.
An Individual Member shall have full rights.
( 2 ) Corporate Member
Corporate Member shall mean membership available to companies, Water Utilities, Authorities, Corporations, Trusts, Councils and organisations directly interested in furthering the objectives of the Association.
A Corporate Member shall nominate one employee as the primary contact officer and this person will be afforded all the rights of an Individual Member.
( 3 ) Life Member
The General Committee may award Life Membership to any Individual Member, if in its opinion, the distinction has been earned through services rendered to the Association over a minimum period of ten years. A Life Member shall have full rights and will not be required to pay an annual membership fee.
7. MEMBERSHIP APPLICATION AND FEES
( 1 ) A person who applies and is approved for membership as provided in
these Rules is eligible to be a member of the Association on payment
of the entrance fee and annual subscription payable under these Rules.
( 2 ) A person who is not a member of the Association at the time of the
incorporation of the Association ( or who was a member at that time
but has ceased to be a member ) must not be admitted to membership
unless—
( a ) he or she applies for membership in accordance with
subrule ( 3 ) ; and
( b ) the admission as a member is approved by the
committee.
( 3 ) An application of a person for membership of the Association must—
( a ) be made in writing in the form set out in Appendix 1;and
( b ) be lodged with the Secretary of the Association.
( 4 ) As soon as practicable after the receipt of an application, the
Secretary must refer the application to the committee.
( 5 ) The committee must determine whether to approve or reject the
application.
( 6 ) If the committee approves an application for membership, the
Secretary must, as soon as practicable—
( a ) notify the applicant in writing of the approval for
membership; and
( b ) request payment within 28 days after receipt of the
notification of the sum payable under these Rules and
the first year's annual subscription.
( 7 ) The Secretary must, within 28 days after receipt of the amounts
referred to in subrule ( 6 ) , enter the applicant's name in the register
of members. Any fees paid are non-refundable.
( 8 ) An applicant for membership becomes a member and is entitled to
exercise the rights of membership when his or her name is entered in
the register of members.
( 9 ) If the committee rejects an application, the Secretary must, as soon as
practicable, notify the applicant in writing that the application has been
rejected.
( 10 ) A right, privilege, or obligation of a person by reason of Individual
Membership of the Association—
( a ) is not capable of being transferred or transmitted to
another person; and
( b ) terminates upon the cessation of membership whether
by death, resignation, non payment of membership fees
or otherwise.
( 11 ) The entrance fee, if any, is the relevant amount as determined by the
general committee on an annual basis.
( 12 ) The membership fee is the relevant amount as determined by the
general committee on an annual basis and is payable in advance on
or before 1 January in each year.
8. MEMBERSHIP REGISTER
( 1 ) The Secretary must keep and maintain a register of members
containing—
( a ) the name and address of each member; and
( b ) the date on which each member's name was entered in
the register.
( 2 ) Any Individual Member may inspect their details as contained in the
member register free of charge upon request.
( 3 ) A member may make a copy of their entry in the register.
9. MEMBER RESIGNATION
( 1 ) A member of the Association who has paid all moneys due and
payable by a member to the Association may resign from the
Association by giving one month's notice in writing to the Secretary of
his or her intention to resign.
( 2 ) After the expiry of the period referred to in subrule ( 1 ) —
( a ) the member ceases to be a member; and
( b ) the Secretary must record in the register of members
the date on which the member ceased to be a member.
10. DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS
( 1 ) Subject to these Rules, if the committee is of the opinion that a
member has refused or neglected to comply with these Rules, or has
been guilty of conduct unbecoming a member or prejudicial to the
interests of the Association, the committee may by resolution—
( a ) suspend that member from membership of the
Association for a specified period; or
( b ) expel that member from the Association; or
( c ) fine that member an amount not exceeding $500
( 2 ) A resolution of the committee under subrule ( 1 ) does not take effect
unless—
( a ) at a meeting held in accordance with subrule ( 3 ) , the
committee confirms the resolution; and
( b ) if the member exercises a right of appeal to the
Association under this rule, the Association confirms the
resolution in accordance with this rule.
( 3 ) A meeting of the committee to confirm or revoke a resolution passed
under subrule ( 1 ) must be held not earlier than 14 days, and not later
than 28 days, after notice has been given to the member in
accordance with subrule ( 4 ) .
( 4 ) For the purposes of giving notice in accordance with subrule ( 3 ) ,
the Secretary must, as soon as practicable, cause to be given to the
member a written notice—
( a ) setting out the resolution of the committee and the
grounds on which it is based; and
( b ) stating that the member, or his or her representative,
may address the committee at a meeting to be held not
earlier than 14 days and not later than 28 days after the
notice has been given to that member; and
( c ) stating the date, place and time of that meeting; and
( d ) informing the member that he or she may do one or
both of the following—
( i ) attend that meeting;
( ii ) give to the committee before the date of
that meeting a written statement seeking
the revocation of the resolution; and
( e ) informing the member that, if at that meeting, the
committee confirms the resolution, he or she may, not
later than 48 hours after that meeting, give the Secretary
a notice to the effect that he or she wishes to appeal to
the Association in general meeting against the resolution.
( 5 ) At a meeting of the committee to confirm or revoke a resolution
passed under subrule ( 1 ) , the committee must—
( a ) give the member, or his or her representative, an
opportunity to be heard; and
( b ) give due consideration to any written statement
submitted by the member; and
( c ) determine by resolution whether to confirm or to revoke
the resolution.
( 6 ) If at the meeting of the committee, the committee confirms the
resolution, the member may, not later than 48 hours after that
meeting, give the Secretary a notice to the effect that he or she wishes
to appeal to the Association in general meeting against the resolution.
( 7 ) If the Secretary receives a notice under subrule ( 6 ) , he or she must
notify the committee and the committee must convene a general
meeting of the Association to be held within 21 days after the date on
which the Secretary received the notice.
( 8 ) At a general meeting of the Association convened under subrule (7)—
( a ) no business other than the question of the appeal may
be conducted; and
( b ) the committee may place before the meeting details of
the grounds for the resolution and the reasons for the
passing of the resolution; and
( c ) the member, or his or her representative, must be given
an opportunity to be heard; and
( d ) the members present must vote by secret ballot on the
question whether the resolution should be confirmed or
revoked.
( 9 ) A resolution is confirmed if, at the general meeting, not less than
seventy-five percent ( 75% ) of the members vote in favour of the
resolution. In any other case, the resolution is revoked.
11. DISPUTES AND MEDIATION
( 1 ) The grievance procedure set out in this rule applies to disputes under
these Rules between—
( a ) a member and another member; or
( b ) a member and the Association.
( 2 ) The parties to the dispute must meet and discuss the matter in dispute,
and, if possible, resolve the dispute within 14 days after the dispute
comes to the attention of all of the parties.
( 3 ) If the parties are unable to resolve the dispute at the meeting, or if a
party fails to attend that meeting, then the parties must, within 10 days,
hold a meeting in the presence of a mediator.
( 4 ) The mediator must be—
( a ) a person chosen by agreement between the parties; or
( b ) in the absence of agreement—
( i ) in the case of a dispute between a member
and another member, a person appointed by the
committee of the Association; or
( ii ) in the case of a dispute between a member and the
Association, a person who is a mediator appointed or
employed by the Dispute Settlement Centre of
Victoria ( Department of Justice ) .
( 5 ) A member of the Association can be a mediator.
( 6 ) The mediator cannot be a member who is a party to the dispute.
( 7 ) The parties to the dispute must, in good faith, attempt to settle the
dispute by mediation.
( 8 ) The mediator, in conducting the mediation, must—
( a ) give the parties to the mediation process every
opportunity to be heard; and
( b ) allow due consideration by all parties of any written
statement submitted by any party; and
( c ) ensure that natural justice is accorded to the parties to
the dispute throughout the mediation process.
( 9 ) The mediator must not determine the dispute.
( 10 ) If the mediation process does not result in the dispute being
resolved, the parties may seek to resolve the dispute in accordance
with the Act or otherwise at law.
SECTION 3 - MEETINGS
12. ANNUAL GENERAL MEETINGS
( 1 ) The general committee may determine the date, time and place of the
annual general meeting of the Association. The annual general meeting
must be held no later than three calendar months after the end of the
Association’s financial year.
( 2 ) The notice convening the annual general meeting must specify that the
meeting is an annual general meeting.
( 3 ) The ordinary business of the annual general meeting shall be—
( a ) to confirm the minutes of the previous annual general
meeting and of any general meeting held since that
meeting; and
( b ) to receive from the committee reports upon the
transactions of the Association during the last preceding
financial year; and
( c ) to elect officers of the Association and the ordinary
members of the general committee; and
( d ) to receive and consider the statement submitted by the
Association in accordance with section 30 ( 3 ) of the
Act.
( e ) to appoint an appropriately qualified auditor.
( 4 ) The annual general meeting may conduct any special business of
which notice has been given in accordance with these Rules.
13. NOTICE OF ANNUAL GENERAL MEETING
( 1 ) Notification of the Annual General Meeting shall take the form of a
notice that will be sent to all members at least one month prior to the
set date of the Meeting. The notice must state the place, date and time
of the meeting and the nature of the business to be conducted at the
meeting.
( 2 ) Notice may be sent—
( a ) by post to the address appearing in the register of
members; or
( b ) if the member requests, by electronic transmission.
( 3 ) No business other than that set out in the notice convening the meeting
may be conducted at the meeting.
( 4 ) A member intending to bring any business before a meeting must
notify the Secretary in writing or by electronic transmission at least six
( 6 ) weeks prior to the annual general meeting. The notification sent
to the Secretary must include a description of the business proposed
so that this can be detailed in the notice of general meeting to all
members.
14. PROCESS TO ALTER THE CONSTITUTION
( 1 ) A Notice of Motion to alter the Constitution must be in the form of a
written petition and signed by a least twenty ( 20 ) Members. The
petition must be received by the Secretary at least 2 months prior to
the Annual General Meeting to allow inclusion in a newsletter to be
sent to all members. These proposals shall be dealt with at the Annual
General Meeting or at a Special Meeting called specifically for that
purpose.
( 2 ) A Member may propose the calling of a Special General Meeting to
deal with a Notice of Motion to alter the Constitution. The proposal to
call a Special General Meeting to alter the Constitution must take the
form of a written petition, must be signed by at least twenty ( 20 )
Members and must be forwarded to the Secretary for consideration
by the general committee at its next scheduled meeting.
( 3 ) The general committee shall review the proposal and for it to be
successful, must obtain an affirmative vote from seventy-five percent
(75% ) of the current general committee. An affirmative vote
empowers the President to call a Special General Meeting. Notice of
a Special General Meeting shall take the form of a newsletter sent to
all members at least one month prior to the date of the Special
General Meeting. If the appropriate number of general committee
votes are not obtained, the Special General Meeting will not be called
and the Notice of Motion to alter the Constitution will be dealt with at
the next Annual General Meeting.
( 4 ) At all Annual General or Special General Meetings of the Association,
a vote may be cast on a Notice of Motion to alter the Constitution in
person at the meeting. Only an Individual Member or Life Member
shall be eligible to vote.
( 5 ) The Secretary shall forward to all members a copy of any Notice of
Motion to alter the Constitution at least one month prior to the
Meeting. A motion will be deemed carried if it receives at least
seventy-five per cent ( 75% ) of all votes cast.
15. SPECIAL GENERAL MEETINGS
( 1 ) In addition to the annual general meeting, any number of special
general meetings may be held in the same year.
( 2 ) All general meetings other than the annual general meeting are special
general meetings.
( 3 ) The special general meeting cannot be used to change the constitution
unless in accordance with rules 14. ( 1, 2 & 3 ) .
( 4 ) If, but for this subrule, more than 15 months would elapse between
annual general meetings, the general committee must convene a
special general meeting before the expiration of that period.
( 5 ) The request for a special general meeting ( other than to change the
Constitution ) must —
( a ) state the objects of the meeting; and
( b ) be signed by the members requesting the meeting; and
( c ) be sent to the address of the Secretary.
( 6 ) If the general committee does not cause a special general meeting to
be held within one month after the date on which the request is sent to
the address of the Secretary, the members making the request, or any
of them, may convene a special general meeting to be held not later
than 3 months after that date.
( 7 ) If a special general meeting is convened by members in accordance
with this rule, it must be convened in the same manner so far as
possible as a meeting convened by the committee and all reasonable
expenses incurred in convening the special general meeting must be
refunded by the Association to the persons incurring the expenses.
16. QUORUM AT ANNUAL GENERAL OR SPECIAL GENERAL MEETINGS
( 1 ) No item of business may be conducted at an annual or special general
meeting unless a quorum of members entitled under these Rules to
vote is present at the time when the meeting is considering that item.
( 2 ) Twenty members personally present ( being members entitled under
these Rules to vote at an annual or special general meeting ) constitute
a quorum for the conduct of the business of these meetings.
( 3 ) If, within half an hour after the appointed time for the commencement
of an annual or special general meeting, a quorum is not present—
( a ) in the case of a special general meeting
convened upon the request of
members—the meeting must be
dissolved; and
( b ) in any other case—the meeting shall stand
adjourned to the same day in the next
week at the same time and ( unless
another place is specified by the
Chairperson 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.
( 4 ) If at the adjourned meeting the quorum is not present within half an
hour after the time appointed for the commencement of the meeting,
the members personally present ( being not less than 10 ) shall be a
quorum.
17. PRESIDING AT ANNUAL GENERAL OR SPECIAL MEETINGS
( 1 ) The President, or in the President's absence, the Vice-President, shall
preside as Chairperson at each annual general or special meeting of
the Association.
( 2 ) If the President and the Vice-President are absent from a general
meeting, or are unable to preside, the members present must select
one of their number to preside as Chairperson.
18. ADJOURNMENT OF MEETINGS
( 1 ) The person presiding may, with the consent of a majority of members
present at the meeting, adjourn the meeting from time to time and
place to place.
( 2 ) No business may be conducted at an adjourned meeting other than
the unfinished business from the meeting that was adjourned.
( 3 ) If a meeting is adjourned for 14 days or more, notice of the adjourned
meeting must be given in accordance with rule 12.
( 4 ) Except as provided in subrule ( 3 ) , it is not necessary to give notice
of an adjournment or of the business to be conducted at an adjourned
meeting.
19. VOTING AT ANNUAL GENERAL OR SPECIAL GENERAL MEETINGS
( 1 ) Upon any question arising at a general meeting of the Association, a
member has one vote only.
( 2 ) All votes must be given personally.
( 3 ) In the case of an equality of voting on a question, the Chairperson of
the meeting is entitled to exercise a second or casting vote.
( 4 ) A member is not entitled to vote at a general meeting unless all
moneys due and payable by the member to the Association have been
paid.
20. POLL AT ANNUAL GENERAL OR SPECIAL GENERAL MEETINGS
( 1 ) If at a meeting a poll on any question is demanded by not less than 3
members, it must be taken at that meeting in such manner as the
Chairperson may direct and the resolution of the poll shall be deemed
to be a resolution of the meeting on that question.
( 2 ) A poll that is demanded on the election of a Chairperson or on a
question of an adjournment must be taken immediately and a poll that
is demanded on any other question must be taken at such time before
the close of the meeting as the Chairperson may direct.
21. MANNER OF DETERMINING WHETHER RESOLUTION CARRIED
If a question arising at an annual general or special meeting of the Association is determined on a show of hands—
( a ) a declaration by the Chairperson that a resolution has been—
( i ) carried; or
( ii ) carried unanimously; or
( iii ) carried by a particular majority; or
( iv) lost; and
( b ) 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.
SECTION 4 – COMMITTEE
22. GENERAL COMMITTEE
( 1 ) Subject to section 23 of the Act, the general committee shall consist
of—
( a ) the officers of the Association; and
( b ) a minimum of two and a maximum of eight ordinary
members—each of whom shall be elected at the annual
general meeting of the Association in each year.
( 2 ) Each general committee officer shall hold office until the annual
general meeting next after the date of his or her election. All are
eligible for re-election.
23. GENERAL COMMITTEE OFFICERS
( 1 ) The officers of the Association shall be—
( a ) a President;
( b ) a Vice-President; and
( c ) a Secretary/Treasurer.
( 2 ) The General Committee may decide to split the position of
Secretary/Treasurer but to do so must notify members of this
intention prior to receiving nominations for positions.
( 3 ) The provisions of rule 23, 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 offices referred to in subrule ( 1 ) .
( 4 ) In the event of a casual vacancy in any office referred to in subrule
(1) , the committee may appoint one of its members to the vacant
office and the member appointed may continue in office up to and
including the conclusion of the annual general meeting next following
the date of the appointment.
24. COMMITTEE OF MANAGEMENT
( 1 ) The affairs of the Association shall be managed by the general
committee. The general committee shall appoint the committee
( committee of management ) .
( 2 ) The committee—
( a ) shall control and manage the business and affairs of the
Association; and
( b ) may, subject to these Rules, the Act and the
Regulations, 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 Act and the Regulations, 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.
25. ORDINARY MEMBERS OF THE GENERAL COMMITTEE
( 1 ) Subject to these Rules, each ordinary member of the general
committee shall hold office until the annual general meeting next after
the date of election but is eligible for re-election.
( 2 ) In the event of a casual vacancy occurring in the office of an ordinary
member of the general committee, the general committee may appoint
a member of the Association to fill the vacancy and the member
appointed shall hold office, subject to these Rules, until the conclusion
of the annual general meeting next following the date of the
appointment.
26. ELECTION OF OFFICERS AND ORDINARY GENERAL COMMITTEE MEMBERS
( 1 ) Nominations of candidates for election as officers of the Association
or as ordinary members of the general committee must be—
( a ) made in writing, signed by two individual members of
the Association and accompanied by the written consent
of the candidate on the authorised nomination form; and
( b ) delivered to the Secretary of the Association not less
than 14 days before the date fixed for the holding of the
annual general meeting.
( 2 ) A candidate may nominate for any office position as well as an '
ordinary committee member position, but must only hold one position
on the general committee.
( 3 ) If insufficient nominations are received to fill all vacancies on the
general committee, the candidates nominated shall be deemed to be
elected and the vacancies shall be filled in accordance with rule 23.
( 4 ) and 25 ( 2 ) .
( 4 ) 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.
( 5 ) If the number of nominations exceeds the number of vacancies to be
filled, a ballot must be held.
( 6 ) The ballot for the election of officers and ordinary members of the
general committee must be conducted at the annual general meeting in
such manner as the committee may direct.
27. GENERAL COMMITTEE VACANCIES
( 1 ) The position of an officer of the Association, or of an ordinary
member of the general committee, becomes vacant if the officer or
ordinary member—
( a ) ceases to be a member of the Association; or
( b ) becomes an insolvent under administration within the
meaning of the Corporations Act; or
( c ) resigns from office by notice in writing given to the
Secretary
28. MEETINGS OF THE GENERAL COMMITTEE
( 1 ) The committee must meet at least 3 times in each year at such place
and such times as the general committee may determine.
( 2 ) Special meetings of the general committee may be convened by the
President or by any 4 members of the general committee.
29. NOTICE OF GENERAL COMMITTEE MEETINGS
( 1 ) Written notice of each general committee meeting must be given to
each member of the general committee at least 2 business days
before the date of the meeting.
( 2 ) Written notice must be given to members of the general committee of
any special meeting specifying the general nature of the business to be
conducted and no other business may be conducted at such a
meeting.
30. QUORUM FOR GENERAL COMMITTEE MEETINGS
( 1 ) Any 5 members of the general committee constitute a quorum for the
conduct of the business of a meeting of the general committee.
( 2 ) No business may be conducted unless a quorum is present.
( 3 ) If within half an hour of the time appointed for the meeting a quorum is
not present—
( a ) in the case of a special meeting—the meeting lapses;
( b ) in any other case—the meeting shall stand adjourned to
the same place and the same time and day in the
following week.
( 4 ) The committee may act notwithstanding any vacancy on the
committee.
31. PRESIDING AT GENERAL COMMITTEE MEETINGS
( 1 ) At meetings of the general committee—
( a ) the President or, in the President's absence, the Vice-
President presides;or
( b ) if the President and the Vice-President are absent, or
are unable to preside, the members present must choose
one of their number to preside.
32. VOTING AT GENERAL COMMITTEE MEETINGS
( 1 ) Questions arising at a meeting of the general committee, or at a
meeting of any subcommittee appointed by the general committee,
shall be determined on a show of hands or, if a member requests, by
a poll taken in such manner as the person presiding at that meeting
may determine.
( 2 ) Each member present at a meeting of the general committee, or at a
meeting of any subcommittee appointed by the general committee (
including the person presiding at the meeting ) , is entitled to one vote
and, in the event of an equality of votes on any question, the person
presiding may exercise a second or casting vote.
33. REMOVAL OF GENERAL COMMITTEE MEMBER
( 1 ) The Association in general meeting may, by resolution, remove any
member of the general committee before the expiration of the
member's term of office and appoint another member in his or her
place to hold office until the expiration of the term of the first-
mentioned member.
( 2 ) A member who is the subject of a proposed resolution referred to in
subrule ( 1 ) may make representations in writing to the Secretary or
President of the Association ( not exceeding a reasonable length ) and
may request that the representations be provided to the members of
the Association.
( 3 ) The Secretary or the President may give a copy of the representations
to each member of the Association or, if they are not so given, the
member may require that they be read out at the meeting.
( 4 ) If any general committee member is absent from two ( 2 ) consecutive
general committee meetings without providing an explanation
acceptable to the general Committee, that member may be deemed
to have vacated the office. The general committee shall have power
to grant leave of absence to any general committee member.
SECTION 5 – OTHER ISSUES
34. MINUTES OF MEETINGS
The Secretary of the Association must keep minutes of the resolutions and proceedings of each annual general or special meeting, and each general committee meeting, together with a record of the names of persons present at all general committee meetings.
35. SUB-COMMITTEES
The general committee may appoint sub-committees for any purpose it so desires, and all such sub-committees shall be required to furnish to the general committee, any information that may be requested.
36. BY-LAWS
The general committee shall have the power to make such By-Laws as may be deemed necessary to carry out the management or achieve the objectives of the Association. The By-Laws may be varied or rescinded at any time with the concurrence of general committee officers at a properly constituted meeting of the general committee.
37. FUNDS
( 1 ) The Treasurer of the Association must—
( a ) collect and receive all moneys due to the Association
and make all payments authorised by the Association;
and
( b ) 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.
( 2 ) All cheques, drafts, bills of exchange, promissory notes and other
negotiable instruments must be signed by two members of the
committee.
( 3 ) The funds of the Association shall be derived from event fees, annual
subscriptions, donations and such other sources as the general
committee determines.
( 4 ) The Treasurer shall be paid an honorarium as determined by the
general committee.
38. THE COMMON SEAL
( 1 ) The common seal of the Association must be kept in the custody of
the Secretary.
( 2 ) The common seal must not be affixed to any instrument except by the
authority of the committee and the affixing of the common seal must
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.
39. NOTICE TO MEMBERS
Except for the requirement in rule 12, any notice that is required to be given to a member, by or on behalf of the Association, under these Rules may be given by—
( a ) delivering the notice to the member personally; or
( b ) sending it by post addressed to the member at that member's address
shown in the register of members; or
( c ) electronic transmission, if the member has requested that the notice be
given to him or her in this manner.
40. WINDING UP
In the event of the winding up of the incorporation of the Association, the assets of the Association must be disposed of in accordance with the provisions of the Act. All assets and property, after discharging debts and liabilities, shall be paid to another like minded not-for-profit or charitable organisation such as a water industry association or training body as determined by the general committee.
41. TRADING
The Association has the ability to carry out trade and register a business in accordance with Section 51 of the Act.
42. CUSTODY AND INSPECTION OF BOOKS AND RECORDS
( 1 ) Except as otherwise provided in these Rules, the Secretary must keep
in his or her custody or under his or her control all books, documents
and securities of the Association.
( 2 ) All accounts, books, securities and any other relevant documents of
the Association must be available for inspection at cost by any
member upon request.
( 3 ) A member may make a copy of any accounts, books, securities and
any other relevant documents of the Association.
43. ADOPTION OF CONSTITUTION
This Constitution and Rules of Association was amended and adopted at the Annual General Meeting of the Association held on 20th March 2010.
President
Anthony Evans
Secretary
George Wall
Last updated on
16-Jul-2010
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