4. MEMBERSHIP (continued)

(c) Where only one Club exists in any State or Region, that Club may be authorized by the Association to act as a Council for that State or Region subject to such conditions, if any, imposed by the Association.

(d) Life Fellow - Honorary Life Fellowship may be conferred by the Association in recognition of valuable service rendered to the Association.

5. OFFICERS OF THE ASSOCIATION

(a) The Officers of the Association who shall all hold honorary appointment are:

(i) President

(ii) Vice President

(iii) Secretary

(iv) Treasurer

(v) Technical Officer

(vi) Registrar

(vii) Publicity Officer

(b) Officers who must be financial members of a financial affiliated Club shall be elected at the Annual General Meeting and shall hold office for the ensuing year. Officers are eligible for re-election.

(c) The duties of officers are:

(i) The President is a member of the Management Committee and shall preside at all meetings of the Committee and the Association at which he or she is present.

(ii) The Vice President is a member of the Management Committee and shall deputies for the President in his or her absence.

(iii) The Secretary is a member of the Management Committee and shall call all meetings, issue the required notices, keep a register of attendance and record the minutes of meetings of the Committee and the Association. He/She shall deal with all correspondence and keep all books and records applicable to his/her office. He/She shall assist the Treasurer in the preparation of the balance sheet for the annual audit and the budget. He/She shall keep the President, Officers and State Council Secretaries informed on all matters of the Association.

(iv) The Treasurer is a member of the Management Committee and shall receive all monies the property of the Association and shall deposit the same in accordance with rule 19(b). He/She shall be responsible for all payments which in excess of four dollars ($4.00) shall be paid by cheque. He/She shall keep the accounts and prepare them for audit and production at the Annual General Meeting. He/ She shall keep an inventory of and safeguard all securities of the Association.

(v) The Technical Officer is a member of the Management Committee and shall be responsible for advice to the Association, State Councils and Clubs on technical matters relating to radio yachting including measurement, rating and sailing rules. He/She shall liaise with the appropriate ISAF-RSD Committees and State Officers and act as a co-coordinator between them and the Association.

(vi) The Registrar is a member of the Management Committee and shall maintain registers for all classes of yachts recognized by the Association, record details of and issue rating certificates for all yachts and produce statistics as required.

(vii) The Publicity Officer is a member of the Management Committee and shall advise the Association on matters relating to publicity and public relations. He/She shall produce the Association newsletter at such intervals as the Association approves. He/She shall use his/her best endeavors to promote and publicise the objectives of the sport and the Association in all areas.

6. SUBSCRIPTIONS

(a) Subscription rates to the Association from State Councils shall be deter-mined at the Annual General Meeting each year. The fee shall be a sum to be paid by all members of affiliated Clubs as part of the Club subscription to the State Council.

(b) Subscriptions shall be due on 1 July each year and payable not later than 31 July.

(c) The subscriptions of State Councils affiliated after 1 April in any year will cover the period up to 30 June in the following year and must be paid to the Treasurer no later than 31 July in the year of affiliation.

(d) The Management Committee shall have the power to with-hold all rights and privileges of membership from State Councils whose subscriptions are not paid by the latter date.

7. REGISTRATION

(a) The Association shall maintain Registers for each class of yacht recognized by the Association.

(b) The Association may charge a registration fee for each entry in a register whether the entry a first registration of a yacht, an alteration to a current registration or a re-registration.

(c) Fees for the registration of all classes of yachts shall be determined at the Annual General Meeting.

8. THE COMMITTEE

(a) The affairs of the Association shall be managed and controlled by a Management Committee which in addition to any powers conferred by these rules may exercise all such powers and do all such things as are within the objects of the Association, and are not by the Act or by these rules required to be done by the Association at a general meeting.

(b) The Committee shall have the power to appoint such officers and employees as are required to carry out the objectives of the Association including a Public Officer required by the Act, and may discuss or delegate any of its powers to such officers and employees.

(c) The Committee shall be comprised of the seven (7) elected officers of the Association.

(d) The Committee may appoint a natural person to fill a casual vacancy and such a committee member shall hold office until the next Annual General Meeting of the Association and shall be eligible for re-appointment.

(e) A candidate for election as an Officer of the Association must be nominated by a State Council.

(f) Notice of all persons seeking election to the Committee shall be given to all members of the Association with the notice calling the meeting at which the election is to take place.

9. DISQUALIFICATION OF COMMITTEE MEMBERS

The office of committee member shall become vacant if a committee member is:

(a) Disqualified by the Act;

(b) Expelled under these rules;

(c) Permanently incapacitated by ill health;

(d) Absent, subject to rule 10(a), without an apology from more than three consecutive committee meetings, or more than three committee meetings in a financial year.

10. PROCEEDINGS OF COMMITTEE

(a) The committee shall meet regularly for the dispatch of business and in any case not less than once every three months Where it is not practical for the Committee to meet as a group for reasons of distance, such meetings may be conducted by post or by conference telephone or other electronic means or by a combination of such facilities.

(b) Except as provided in Rule 10(c), each member of the Committee shall be entitled to one (1) vote.

(c) Questions arising at any meeting shall be decided by a majority of votes and in the event of an equality of votes the Chairperson shall have a casting vote in addition to a deliberative vote.

(d) A quorum for a meeting of the Committee shall be three members of whom one must be the President, the Vice President or the Secretary.

(e) A member of the Committee having a pecuniary interest in a contract with the Association must disclose that interest to the Committee as required by the Act and shall not vote with respect to that contract.

11. FINANCIAL YEAR

The financial year of the Association shall be the period ending on the 30 November 1988 and thereafter a period of 12 months ending on 30 November each year.

12. RULES

(a) Subject to approval by a resolution of the members of the Association these rules may be altered (including an alteration to name), or be rescinded and replaced by substitute rules. Such an alteration shall be registered with the Commission as required by the Act.

(b) The registered rules shall bind the Association and every member to the same extent as if they had respectively signed and sealed them and agreed to be bound by all the provisions thereof.

13. THE SEAL

(a) The Association shall have a common seal upon which its corporate name shall appear in legible characters.

(b) The Seal shall not be used without the express authorization of the Committee and every use of the Seal shall be recorded in the minute book of the Association. The affixing of the seal shall be witnessed by an officer of the Association.

(c) The Seal shall be kept in the custody of the Secretary or such other person as the Committee may from time to time determine.

14. MEETINGS

(a) The Committee may call a Special General Meeting of the Association at any time and shall call an Annual General Meeting in accordance with the Act.

(b) The Annual General Meeting shall be held at the time and venue of the National Championships each year and within five (5) months of the end of the financial year.

(c) A Special General Meeting shall be convened within one (1) month by the Committee upon receipt of a requisition signed by the Secretaries of three affiliated State Councils. Such a requisition is to be accompanied by a fully detailed resolution passed by each State Council in general meeting and countersigned by the officiating Chairperson.

(d) Notice of all general meetings shall be given at least 28 days prior to the date of the meeting. The notice shall contain details of the agenda, special notices, notices of motion and changes in Constitution.

(e) The agenda shall include:

(i) Confirmation of the minutes of the previous meeting;

(ii) Confirmation of action taken by the Management Committee;

(iii) Officers’ reports;

(iv) State Council Reports and financial statements;

(v) National Regatta Committee reports;

(vi) Treasurer’s financial statement and balance sheet;

(vii) Election of Officers and appointment of Auditor;

(viii) Motions submitted by the Management Committee;

(ix) Motions submitted by State Councils and Clubs appointed to act as such;

(x) Annual budget and subscriptions for the forthcoming year;

(xi) Yacht registration fees for the forthcoming year;

(xii) Next National Championship Regatta, place(s) and dates;

(xiii) Discussion items;

(xiv) General Business.

15. PROCEEDINGS AT MEETINGS

(a) The quorum required for a general meeting of the Association shall be a delegate from each of four States either in person or represented by proxy.

(b) General meetings shall be chaired by the President or the Vice President or in their absence by a committee member appointed by the delegates present.

(c) At any general meeting a resolution put to a vote shall be decided on a show of hands and a declaration by the Chairperson of the meeting that a resolution has been carried or lost shall, unless a poll is demanded, be conclusive evidence of the fact.

(d) If a poll is demanded by the Chairperson of the meeting or by three or more delegates, present in person or by proxy, it shall be taken in such manner as the Chairperson directs.

16. MINUTES

(a) Proper minutes of all proceedings at meetings shall be kept and within one (1) month of the meeting entered into a register maintained for that purpose.

(b) The minutes shall be signed by the Chairperson of the meeting at which the proceedings took place or by the Chairperson of the next succeeding meeting.

(c) Where minutes are entered and signed they shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held and that all appointments made at a meeting shall be deemed to be valid.

(d) Copies of the minutes shall be forwarded to all Officers, State Councils and affiliated Clubs within one month of the date of the meeting.

17. VOTING RIGHTS

(a) At any general meeting of the Association each State Council or Club appointed to act as such in accordance with Rule 4(c) shall be entitled to cast two (2) votes in the manner provided in Rule 17(b).

(b) Each Council and Club appointed to act as such shall appoint two (2) delegates to any general meeting of the Association, each of whom may cast one (1) vote on any matter.

(c) General meetings are open to club members of all Clubs affiliated with a State Council.

(d) Only delegates appointed by State Councils and Clubs appointed to act as such shall be entitled to vote.

(e) In the event of a tied vote the Chairperson of the meeting may exercise a casting vote.

18. PROXIES

(a) Voting by proxy shall be recognized.

(b) The appointment of a proxy shall be for a specific meeting only.

(c) The bearer of a proxy shall be a delegate from a State Council or an Association Officer and shall also be entitled to exercise his or her own vote if otherwise entitled to do so, in addition to the proxy.

(d) Written notification of an appointment of a proxy must be in the hands of the Secretary before the commencement of a meeting at which it is to be exercised.

19. ACCOUNTS

(a) The Association shall keep such accounting records as are necessary to correctly record and explain the financial position of the Association.

(b) All monies raised under the authority of the Association, either for its general activities or for such specific purposes as the Association may authorize, shall be deemed to be the property of the Association and shall be kept in a Bank, Savings Bank, Building Society or Friendly Society approved by an Annual General Meeting.

(c) All withdrawals shall be by cheque signed by the Treasurer and Secretary, or failing one of these, by the President in his/her stead.

(d) The accounts of the Association shall be audited annually, or at any time the Committee or a general meeting of the Association may direct.

20. STATE COUNCILS

(a) State Councils shall be established in each State or Territory and such other regions as the Association may determine within which an affiliated Club is active. Where only one affiliated Club is active in a State, Territory or ap- proved region, that Club shall assume the duties and responsibilities of a State Council. All affiliated Clubs within a State, Territory or region shall be entitled to representation on the State Council.

(b) A Club situated near a State, Territory or regional border may elect to affiliate- ate with the Council of the adjacent State, Territory or region.

(c) Where an organization exists or is formed within a State, Territory or approved region and two thirds of the Clubs in that State, Territory or region agree that it provides an appropriate structure for the purpose, the Association may authorize that organization to assume the duties and responsibilities of a State Council.

21. DUTIES AND RESPONSIBILITIES OF STATE COUNCILS

(a) Any Club, Society, Association or other body whose activities are intended to provide facilities for radio yachting may affiliate to the Association through a State Council. Such a body shall be an affiliated Club of the Association.

(b) An affiliated Club shall be responsible for the payment of affiliation fees to the Association through its State Council on behalf of its members providing that where the affiliated Club is not dedicated to radio yachting, affiliation fees shall only be due to the Association for those club members who are involved in radio yachting.

(c) Only one affiliation fee shall be paid on account of a person who is a

member of more than one (1) club.

22. DISPUTES

(a) In the event of a dispute between an affiliated Club and its State Council, the Club may refer the matter to the Secretary of the Association for determination by the Committee.

22. DISPUTES

(b) Both parties shall have the right to be represented in person at any meeting at which the dispute is considered.

24. NATIONAL CHAMPIONSHIP REGATTAS

(a) The organization of the Australian National Championships (herein after referred to as the Nationals) shall be delegated to a State Council at the preceding Annual General Meeting of the Association.

(b) Organization of the Nationals shall be delegated to each State in the order, Western Australia, Australian Capital Territory, South Australia, New South Wales, Tasmania, Queensland, Victoria.

(c) If a State Council is unable or unwilling to accept the organization of the Nationals in its due turn, then the next State in turn will be nominated for the task and the rota will continue as in Rule 24(b).

(d) By agreement of all States, a State Council may defer or advance its position in the rota listed in Rule 24(b).

(e) National Championships will be held for all classes recognized by the ARYA.

(f) The State Council responsible for the organization of the Nationals may delegate all or part of it to any Club or group of Clubs affiliated to it.

(g) The responsible State Council or delegated Club/s may charge such entry fees as may be deemed appropriate and necessary, from the proceeds of which they shall provide appropriate prizes and arrange the engraving of trophies. The proposed entry fees shall be submitted to the Management Committee for approval prior to the issue of the Notice of Race.

25. WINDING UP

The Association may be voluntarily wound up by the following procedure:

(a) A proposal for winding up of the Association shall be properly submitted to a general meeting the Association and shall require the unanimous approval of the meeting.

(b) If the proposal is approved in accordance with Sub-rule (a), the proposal will be subject to a postal vote of all affiliated Clubs and shall require a majority of two thirds of those clubs in favour of the proposal for winding up.

26. APPLICATION OF SURPLUS ASSETS

(a) If, when the Association is wound up, some other National body exists which, in the opinion of the Association, has aims and objectives that would enable it to provide appropriate service to the Association’s members, the Association may donate to it, trophies and other property and net funds after the payment of all outstanding debts subject to such conditions as the Association may determine.

(b) Where no alternative successor is found, the Association shall proceed in the following manner:

(i) All donated trophies will be returned to the donor;

(ii) All other trophies will be presented to the person or body that has won the trophy the greatest number of times or, where a tie exists, to a body or person decided by lot;

(iii) Net funds after the payment of all outstanding debts shall be donated to a charitable institution or institutions determined by the Association at the time.

END

1. RECOGNIZED CLASSES (Clause 7(a) of the Constitution)

1.1 A recognized class is one for which adoption is approved by the ARYA Ex- ecutive and for which the ARYA Registrar has been provided with a set of the current class rating rules and measurement/registration forms. (Amended 1994 AGM Item 9.8)

2. NATIONAL CHAMPIONSHIPS (Clause 24(e) of the Constitution)

2.1 National Championships will be held for all classes recognized by the ARYA and for which State or Territory Championships (with at least six (6) competitors at each event) have been conducted in three (3) or more States and or Territories during the year for which the National Championships are being held, and the immediately preceding year. (Amended 1994 AGM Item 9.1)

2.2 When a class no longer complies with By-law 2.1 it will be dropped from the ARYA National Championships. (Amended 1994 AGM Item 9.1)

2.3 A Class or Association Championship may be conducted by a Class Association for a class not complying with By-law 2.1 (1993 AGM Item 9.5.1)

2.4 A class which does not meet the requirements of By-law 2.1 must hold its Class or Association Championship prior to or after the ARYA Australian National Championships. (1994 AGM Item 9.9)

2.5 Upon the requirements set out in By-law being re-met, a Class Association may apply to the ARYA for inclusion or reinstatement of the Class at the

ARYA National Championships. (Amended 1994 AGM Item 9.1)

2.6 If there are less than six (6) entries for a class at the National Championships after the closing date for entries has passed, then the National Championship for that Class lapses for that year. (1993 AGM Item 9.5.1)

2.7 An event may be programmed for two (2) days only (with the permission of the ARYA and the Class Association) if in the opinion of the organizers a class will not attract 20 entries. (1994 AGM Item 9.3)

3. PROCEEDINGS AT MEETINGS (Clause 15 0f the Constitution)

3.1 Notices of motion that are received by the Association will be voted on as set out in Clause 17. Notices of motion may be modified by way of an amendment or addendum and then voted on at the meeting. (1993 AGM Item 9.1.1)

4. LIFE FELLOW (Clause 4(d) of the Constitution)

4.1 Life Fellow of the ARYA may be awarded to individuals who have provided long-standing service to the ARYA.

4.2 To qualify for Life Fellow, an individual should have provided service to the ARYA at a National level, not just in the State where he/she resides.

4.3 The candidate should be nominated by a State Association to the National Executive.

4.4 The National Executive should vet the submission to ensure that the candi- date has met the criteria of:

(a) Lengthy service,

(b) Outstanding service.

(c) Services benefiting ARYA members Nationally.

4.5 The National Executive should vote on the submission. A majority vote in favour of the candidate is required for the National Executive to recommend the candidate for Life Fellow.

4.6 If the National Executive makes this recommendation, the States should then vote at the next Annual General Meeting of the ARYA or if possible via a postal vote prior to the AGM. A majority vote is required to award Life Fellow to the member. ( B/L 4.1 - 4.6 1994 AGM)

5. NATIONAL CLASS CO-ORDINATORS

5.1 Each ARYA recognized class may have a National Class Co-ordinator, (NCC) in the absence of a recognized National Class Association (NCA).

5.2 A NCC shall have access to the ARYA Executive but will not be a member of the Executive or have voting rights.

5.3 The NCC shall be responsible to and under the direction of the National Executive for:

(a) Furthering the aims of the Association by promoting the design, construction and racing of the Class.

(b) Acting as a liaison between the ARYA and class owners and representing the owners in all relevant matters.

(c) Producing material of interest to class owners (regatta reports, articles etc) for the ARYA newsletter.

5.4 The NCC shall be elected annually at the ARYA AGM or at any time by mail vote that the ARYA allows. (B/L 5.1 - 5.4 1995 AGM)