~/ Club Constitution /~

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1. NAME (a) The name of the club shall be the "THE YAMAHA OWNERS MOTOR-CYCLE CLUB OF SOUTH AUSTRALIA Inc". Herein called "The Club". (b) The Club is incorporated in South Australia.

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2. OBJECTS (a) To be a Family Club. To welcome YAMAHA Motorcycle Owners, Motorcycle enthusiasts, their relatives and friends. (b) To be a Friendly club Members may attend as many or as few Club activities as they wish without adverse criticism. (c) To be a Motorcycle promotions Club To promote the best of motorcycling in general and YAMAHA motorcycling in particular. To encourage all members to acknowledge, in friendly greeting, all motorcyclists encountered on the open road. To stop and offer assistance, if able to all motorcyclists that appear to have suffered an accident or mechanical failure. (d) To be a Recreational Club To provide social evenings, lectures, talk, films-evenings, motorcycle Club runs, BBQs, picnics, etc. (e) To be a Road Safety Orientated Club. To encourage better riding, to provide maintenance instruction, participate in Road Safety activities, first-aid instruction, etc. (f) To do such things as are incidental or conducive to achieving the objects of the Club.

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3. MEMBERSHIP (a) Any person with an interest in the Objects of The Club shall be entitled to apply for membership. A potential (prospective) member need not own a motorcycle, YAMAHA or otherwise. (b) Applications for membership shall be considered by the Committee, and each such application shall fail unless approved by two-thirds majority of the Committee. (c) Membership shall be renewable annually and shall expire at midnight on the 31st day of December each year. Membership taken out on or after the 1st day of October in a year shall expire on the 31st day of December of the following year. (d) The Club shall have Life Members. These will be people who have made significant contributions to The Club, over a reasonable period of time. They will be proclaimed as Life Member after being nominated by a member(s) and having a Committee vote on the matter. A two-thirds majority shall rule. Life Membership will be exempt from Paragraph 3�. No subscription fees will be due. Life Membership may be rescinded according to parts 4 and 5 of this Constitution. (e) Income and property of The Club shall be applied solely towards promotion and achieving of The Club objects and no portion or amount shall be paid to any member except under clause 14f.

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4. FORFEITURE OF MEMBERSHIP Membership shall be forfeited under the following conditions: (a) Misappropriation of Club funds (b) Misconduct or any other act detrimental to the good reputation of The Club and/or adverse to The Club�s Objects. Such misconduct implies contravening The Club Rules and Objectives. (c)Full details pertaining to such misappropriation and/or misconduct shall be presented to the Committee. If a two-thirds majority are in agreement with the forfeiture, the member shall be informed of their decision and the basis for such decision. Prior to forfeiture becoming effective, the offending member shall have the right, within 14 days of being forwarded notice of such decision, to appeal. A committee meeting shall be convened upon receipt of any such appeal within the time stipulated to enable the offending member(s) to present their case in defence. Any decision shall be made having regard to the principles of natural justice. (d)Failing to pay subscription after 28 days. Members who wish to join after 28 days (ie. Jan 28), their application will be treated as a fresh application. Condition 3e will not apply in this instance. Life Membership is exempt from this clause.

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5. RESIGNATION (a) Any person wishing to resign from The Club shall forward his resignation to the Secretary. The resignation shall be accepted at the following ordinary Meeting and confirmed in writing to the member. (b) Resignation from The Club can also be achieved by non-renewal of Club subscription. (c) Any member who has contravened the Rules and Objectives as set out in The Club Constitution may be requested to resign, provided two-thirds of the Committee will have agreed to such resignation being required. (d) Upon resignation, that member shall return Club Property to the Committee. However, clothing, badges and memorabilia purchased by the member shall remain the property of that member. (e) Any person who has resigned or has been expelled must not fraudulently represent The Club after ceasing association with The Club.

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6. EXPULSION (a) If any member fails to forward his resignation to the Secretary within one fortnight after being requested to do so by a Committee resolution, the Secretary shall report the matter to the Committee. A motion may thereupon be moved that the offending member be expelled. If a two-thirds majority of the Committee vote in favour of this the member shall be expelled. (b) The provisions and procedures of clause 4� shall apply to expulsion.

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7. DISCLAIMER (a) To the extent permitted by law, no member shall hold the Club responsible for any loss, damage or injury sustained in attending a Club function, or while travelling to or from a Club function. (b) The Club shall not be held responsible for the acts of any individual member at any time. Nor will views expressed by a single member in any way reflect the views of The Club. (c) In application to this document, all references to he/him/his will also include/mean she/her/hers and the singular shall refer to the plural and vice versa where appropriate.

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8. SUBSCRIPTION (a) Subscriptions shall be determined by the Committee but subject to the approval of the members at an AGM. (b) Any change in the level of subscriptions shall be brought to the members attention by a notice placed in the Club Magazine. Members may vote for or against the new subscription rates. A two-thirds majority shall rule.

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9. VOTING (a) All members shall be entitled to vote. Those under the age of 16 may vote but their vote should be written and countersigned by a parent, guardian or Club Member. (b) At all meetings postal votes are acceptable. In this case, the letter should state the reason for the absence, the choice for each vote and be duly signed by the member. (c) In addition to his right to vote the Senior member acting as Chairman shall have a casting vote.

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10 MEETINGS (a) There shall be four types of meetings : Committee, Ordinary General, Special General and Annual General Meetings. (b) Ordinary General meetings shall be held on the first Monday of the month except where this day is a public holiday. For example, New Year�s Day or the October Labour day Long weekend. (c) Committee Meetings shall be held at the discretion of the Committee, or by the majority request of the Members. There is to be a minimum of three per calendar year. at a venue determined, such as a member�s residence. (d) Special General Meetings shall be called whenever directed by the President, or in his absence by the Committee or on a written request from at least six of the Club members. The request must state clearly the business to be brought forward at the Special General Meeting. The Chairman should not permit any other matters to be submitted or transacted at this Meeting. The place and date of any Special General Meeting shall be determined by the Committee. (e) Annual General Meetings shall be held in November of each year to present the Annual Report, the Financial Statement, to elect the officers of The Club, and to deal with any other business. The place and the date of the AGM shall be determined by the Committee. The nominations for the Club Officers shall be called for in August, and published in the Club Magazine in October and voted on at the AGM.

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11. AUDITOR (a) An Auditor shall inspect The Club book(s) of accounts when a new treasurer is elected or when directed to by the Committee, to certify their correctness or otherwise. Auditing of the club accounts shall occur at least every second year. (b) If in the opinion of the Auditor or Committee, satisfactory records have not been maintained, the Treasurer shall be financially liable for the cost of correcting such deficiencies. The exception to this is clause 4(a), where a member has misappropriated Club funds. In this instance, the offending member shall be liable for restoration of Club funds.

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12. SERVING OF NOTICES In the case of a Special Meeting or Annual General Meeting, a notice shall be issued to all members informing them of the Meeting. A notice in the Club magazine shall be sufficient notice, providing the Magazine is distributed a minimum of two weeks prior to the Meeting. In the case of a Special General Meeting, the notice shall state the item(s) to be covered.

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13. QUORUMS The following quorums shall apply to meetings: (a) Committee Meetings: One half of the Committee members. A telephone or written apology may count as being present, providing the absent member has communicated his position on each point of the agenda. A limit of three consecutive absences shall apply to this rule. (b) Ordinary Meetings: One half of the Committee members plus one half majority of the members. (c) Annual General and Special Meetings: A one half majority of the financial members. A postal vote shall be counted as if the member was present at the Meeting.

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14. OFFICE BEARERS (a) The Office Bearers shall be responsible to The Club and members for maintaining, promoting and achieving the Objects of the Club and for the maintenance of the Club Constitution and Rules. (b) Statutory Requirements: The Secretary and Public Officer shall familiarise themselves with the current Incorporation Act 1985 as amended. (c) The Club Committee shall comprise the Offices of: 1. President. Must have FULL membership. 2. Secretary. 3. Treasurer. 4. Magazine Editor. 5. Events Co-ordinators (2 positions). 6. Public Officer. This is a voluntary position and will mean automatic inclusion into the club committee. 7. Committee members separate to those above to make a total of 9 committee members. (d) At ALL meetings the most senior member present will assume the responsibility of Chairman for the duration of that meeting. (e) In the event of one or more members accepting more than one position each then extra committee members will be elected to bring the number of committee members to nine. (f) No members of the Club Committee shall be paid a salary or fee. No remuneration of any kind will be paid except for reimbursement of out-of-pocket expenses on behalf of the Club. Reimbursement will be by the discretion of the Committee vote and will be positively influenced by the possession of receipts.

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15 COMMITTEE (a) The Office Bearers shall constitute the Committee. (b) In the event of a casual vacancy occurring, the Committee shall fill such vacancy. (c) All Committee positions shall become vacant at the Annual General Meeting. (d) All money matters shall be brought before the Committee for approval. (e) A minimum of two Committee Members including one of either the President or Treasurer shall be required to sign all cheques from Club accounts.

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16. ALTERATION TO THE CONSTITUTION (a) Any amendment to this Constitution may be forwarded to the Committee for consideration at anytime by any four or more members. This must take place by issuing a signed "Notice of motion" and followed by the passing of the motion at the AGM or a Special General Meeting. (b) The Committee shall discuss the proposal and shall place a notice in the Club Magazine requesting that all members vote on the proposal at such AGM or Special General Meeting. A two-thirds majority shall prevail. (c) Any amendment to this Constitution shall be binding on all members.

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17. DISSOLUTION OF THE CLUB (a) A Special Meeting will be called specifically for this purpose and may resolve to dissolve the Club. (b) The resolution shall not be effective unless supported by at least 75% of financial members of the Club. (c) Absentee votes shall be permitted provided they are duly signed and delivered to the Chairman before the Meeting is opened. (d) In the event of the Club being dissolved, the debts owing shall first be paid off. Any assets and proceeds of the sale of Club property that remains shall be distributed to at least one Registered Charity to be decided at that time.

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18. MATTERS ON WHICH THIS CONSTITUTION IS SILENT (a) Any matters on which this Constitution is silent shall be referred to the "Guide for the Chairman and the Secretary - How to conduct Meetings", by J.P. Munro, B.A. (Sixteenth Edition). Only if matters not covered in this mentioned shall the Committee have power to determine what action be taken to best give effect to the Objects of the Club.

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19.FINANCIAL YEAR The financial year will be from the 1st January to the 31st December each year.

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20. BY-LAWS (a)The club shall have such by-laws as it may require from time to time. These laws shall govern such matters as running of club events, confidentiallity, membership requirements etc. These laws shall not contradict the constitution in any way but shall be binding to all members. New by-laws or amendments to the existing By-Laws must be forwarded to the Committee by at least 4 members and shall be discussed at the next Committee meeting. By-Laws may be voted upon at a General Meeting so long as at least one months notice is given and the new By-Law or amendment proposed is published in The Yamaha Link no less that one month before voting takes place. A two-thirds majority shall prevail.

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This site was last updated on 25th November 1999 by Ross Kennedy. To our knowledge, all of the graphics used on this site are shareware and freely available (graphics used for links excepted). If you have any feedback we would welcome it so please send the club an E-mail. All articles and the Club logo are copyrighted to The Yamaha owners Motorcycle Club of South Australia Inc or Ross Kennedy. Please do us the courtesy of contacting us if you wish to rproduce any matrial.

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