(As adopted by Inaugural General Meeting in Canberra April 1975 and amended by Biennial [later, Annual] General Meetings in Canberra May 1977, Sydney May 1979, Melbourne May 1981, Adelaide May 1983, Canberra July 1985, Perth April 1987, Hobart June 1989, Sydney June 1991, Wagga Wagga May 1992, Melbourne June 1993, Townsville May 1994, Canberra July 1995, Alice Springs May 1996 and Fremantle August 1998, and by Special General Meeting in Canberra March 1982)
1. The name of the Society shall be the Australian Society of Archivists Incorporated (in these rules called "the Society").
2. In these rules unless the contrary intention appears -
"archival institution" means the national archives, state archives offices or archives (however designated), university archives and any other institution or organisation or any discrete section of an institution or organisation devoted as its sole or a major part of its function to the care and custody of archives (which is deemed to include the appraisal and selection of records for permanent retention) according to accepted standards of archival practice and administration;
"archives" means the records of any individual or organisation deemed to be worthy of permanent preservation and consequently preserved, arranged, listed and described according to accepted standards of archival practice and administration, and includes records designated for preservation but not yet deposited in such an institution;
"archivist" means a person primarily engaged in or responsible for work which helps ensure that records providing evidence of administrative, corporate, cultural and intellectual activity are made, kept and used. In pursuit of this overarching objective, archivists are substantially engaged in or responsible for one or more of the following tasks, according to accepted standards of professional practice and administration:
- Analysing the nature and relationships of organisations and individuals in the context of society, mandates and legal obligations;
- Identifying functions, activities and transactions of organisations or individuals which create records to ensure continuing access for personal, corporate and social memory;
- Ensuring that legal responsibilities of organisations and individuals to account for transactions are documented over time;
- Developing strategies to ensure that material required for retention is managed so as to retain its evidential qualities;
- Negotiating agreements with creators/owners of records to facilitate access to records or to physically store records, or both;
- Developing and implementing systems which facilitate the capture of records to ensure personal, corporate and social memory;
- Developing, implementing and promoting systems which assist people to locate records which provide essential evidence of personal, corporate and social activities;
- Devising mechanisms to protect the privacy of individuals and confidentiality of business transactions reflected in records;
- Promoting understanding of the role of records in personal, corporate and social activities;
- Carrying out teaching and research relating to the creation, keeping or use of records
"period of tenure" means the time from the end of one annual general meeting till the end of the next annual general meeting;
"professional member" includes honorary member;
"recognised" means recognised by the Council of the Society.
3. The basic objects of the Society are -
(i) to promote by all available means the preservation and care of archives;
(ii) to establish and maintain communication and co-operation amongst archivists, the institutions in which they work and the users of archives;
(iii) to establish and maintain standards of archival practice and administration and of professional conduct amongst archivists;
(iv) to establish standards of archival qualifications and professional training;
(v) to encourage research into any area of archival practice and administration and the care and use of archives;
vi) to publish a journal and other material relating to the objects of the Society;
vii) to provide a means of collecting, co-ordinating and disseminating information relevant to the practice, status, and problems of the archival profession;
viii) to promote amongst the general public and special groups an understanding of the nature of archives and their value;
(ix) to encourage the efficient and responsible use of archives;
(x) to promote a professional identity amongst archivists and to advance their professional standing and welfare;
(xi) to co-operate with other organisations and groups having complementary objectives, particularly in the fields of conservation, research and records management; and
(xii) to provide an authoritative voice on matters of archival concern.
(1) There shall be four classes of membership of the Society, that is to say, professional, associate, honorary and institutional.
(a) Professional membership shall be open to any person who is or has been an archivist employed in a recognised archives institution who -
(i) not being a graduate of a recognised university, has been so employed for three years; or
(ii) being a holder of a degree from a recognised university (or a qualification deemed by the Council to be the equivalent thereof), has been so employed for two years; or
(iii) being a holder of a qualification in archives administration accredited by the ASA or such other qualification as may be deemed by the Council to be the equivalent thereof, has been so employed for one year.
(b) No person shall be admitted to professional membership under the provisions of sub-paragraph (a) (i) after 31 December, 1980, unless Council otherwise so determines.
(c) Interpretation of paragraph (a) and all decisions as to the eligibility of persons for professional membership shall be the responsibility of the Council of the Society alone and such interpretations and decisions shall be final.
(3) Associate membership shall be open to -
(i)persons proceeding towards qualifications for professional membership as set out in paragraph (a) of sub-rule 2; and
(ii) other persons who support the objectives of the Society.
(4) By a two-thirds majority vote at a general meeting of the Society, upon the recommendation of the Council, in recognition of services to the Society or to the profession, the Society may confer upon any person honorary membership of the Society and that person shall thereupon become entitled to all the rights and privileges of professional membership without further payment of subscription.
(5) Institutional membership shall be open to -
(a) recognised archival institutions and such other major corporate bodies, organisations and institutions as the Council deems to have compatible interests, and
(b) schools, religious organisations, and historical societies, and such other similar minor societies and organisations as the Council may from time to time determine.
(1) All members of the Society shall be entitled -
(i) to attend general meetings of the Society and there to speak on any matter;
(ii) to receive the journal and Bulletin of the Society and all notifications of general or other meetings, conferences, seminars, etc.; and
(iii) to attend and participate in such conferences, seminars, etc. on payment of prescribed fees.(2) Except in the case specified in sub-rule (4), professional members only shall be entitled to vote at any meeting of the Society or in any postal ballot or plebiscite conducted by the Council.
(3) Professional members only shall be eligible for election as officers or councillors of the Society.
(a) The Council may of its own motion and shall on the requisition of any fifteen members of the Society call a meeting of classes, class or part of a class of membership to discuss and vote on any problem or issue, or alternatively may cause a plebiscite to be held of such classes, class or part of a class if it appears to the Council that such a procedure would be more advantageous to the interests of the Society.
(b) The Council shall publish the results of the voting referred to in the last preceding paragraph and shall give due weight to the majority view expressed by the voting, but it shall not be bound by the majority view (except in the case of a plebiscite of all professional members) unless such view is confirmed by an annual general meeting, a special general meeting or a plebiscite of all professional members conducted either under this rule or under rule 25.
(c) Nothing in paragraph (b) shall be deemed to imply that these rules can be amended except as provided in rule 26 as qualified by rule 25.
(d) Associate members and a single representative of each institutional member may each cast one vote, at an annual general meeting, to determine annual subscription rates as are set out under sub-rule 15 (3) (vi).
(1) Conditions of admittance to personal membership.
Every person admitted to the membership of the Society shall-
(i) apply in writing in a form prescribed by the Council;
(ii) agree to abide by the Code of Ethics of the Society;
(iii) be nominated, in the case of an application for professional membership, by two professional members who shall certify that the qualifications and experience of the nominee conform to those prescribed in paragraph (a) of sub-rule 4(2), nomination to be in writing in a form prescribed by Council;
(iv) signify in the case of an application for professional membership his or her consent in writing to the nomination which may be endorsed thereon; and
(v) lodge the completed application with the Secretary together with the appropriate fees or subscription fixed under sub-rule 5(6).
(2) Upon the Council (or a Committee to which it has delegated that power under Rule 14) approving an application, the Secretary shall without delay advise the applicant that his or her membership has been approved.
(3) A member of the Society shall cease to be a member, if he or she -
(i) delivers to the Secretary a written notice of resignation; or
(ii) fails to pay all arrears of subscription due by him or her within twenty-one days after the Secretary has forwarded to him or her a notice in writing stating that he or she has ceased to be a financial member; or
(iii) is expelled in accordance with rule 7.
(4) Institutions, organisations or other bodies qualifying for admission to institutional membership as defined by sub-rule 4(5) may be admitted to institutional membership in such category as defined in sub-rule 4(5) as the Council may determine, and the Council shall determine the manner of such admission as it sees fit.
(5) A member shall cease to be a financial member if he or she has not paid all subscriptions due by him or her within three calendar months after the date on which such subscriptions are due to be paid.
(1)
(a) Council shall appoint an Advisory Committee on Ethical Standards (hereinafter called the Advisory Committee) which shall consist of no more than four professional members, of whom two shall be the Vice President and one other officer or member of Council for the time being.
(b) A member of the Advisory Committee shall continue to be a member until resignation or until a replacement member is appointed by the Council.
(c) The Advisory Committee shall have the power to co-opt not more than two additional temporary members at any time, according to the requirements of particular issues or cases under consideration. Such additional members shall serve only for as long as the Advisory Committee requires. Additional temporary members need not be members of the Society.
(d) The Advisory Committee shall appoint its own Chairperson and Secretary, and the Vice President shall act as Chairperson until another is chosen.
(e) The Advisory Committee shall meet at such times as it shall decide. The Advisory Committee may also conduct business by mail or using communications technology. All proceedings shall be reported in writing to the next scheduled meeting of the Council.
(2) It shall be the duty of the Advisory Committee to advise the Council on
(a) the emphasis to be placed on the Code of Ethics in the Rules and By-Laws of the Society,
(b) means by which the Code of Ethics may be brought more effectively to the attention of members and other persons and groups in the Community,
(c) further development of the Code of Ethics to ensure it remains relevant to and supported by members,
(d) particular cases brought to its attention, where the standards of ethical professional behaviour may have been breached, and
(e) ethical standards and issues affecting the archivist profession and the Society generally.
(3) Advice and complaints
(a) Any person may request the advice of the Advisory Committee about any matter touching on professional ethical standards of conduct by archivists or which affect archivists.
(b) Any person may inform the Council of a matter perceived to be a breach of the ethical standards embodied in the Code of Ethics, and the Council may refer such a matter to the Advisory Committee.
(c) The Council shall ensure that all reasonable steps are taken to investigate any complaint, and shall ensure that any hearing or procedure is fair and equitable.
(d) A response by the Advisory Committee to a request for advice shall be sent direct to the requesting party, but responses to any complaint shall be in the form of a finding and recommendation made to the Council of the Society.
(e) After investigating a complaint the Advisory Committee may find the charge: is outside its responsibility; or has no substance; or that it is not proven, or that it is proven wholly or in part. A finding that a complaint has been wholly or partly proven must be an unanimous decision by the Advisory Committee. A recommendation for action to be taken by the Council must accompany a finding by the Advisory Committee.
(a) The Advisory Committee shall have the power to recommend to the Council that, as a result of a complaint found to be wholly or partly proven, a member should be: expelled; expelled unless he or she resigns within a recommended time; or required to make a statement satisfactory to the Council.
(b) A member who fails to comply with a direction of Council made in terms of this rule, or who fails to provide reasonable assistance to the Advisory Committee as it investigates a complaint, may be found to have breached the professional ethical standards laid down by the Code of Ethics.
(c) Council shall have the power to impose penalties on any member, by expelling that member from the Society, by expelling the member unless he or she resigns within a time required by the Council, or by requiring the member to make a statement satisfactory to the Council.
(d) A person aggrieved by a finding or recommendation of the Advisory Committee, or a decision by the Council made pursuant to this rule, may appeal to the next scheduled Council meeting, which shall fully reconsider all the evidence collated by the Advisory Committee, and its finding and recommendation, and give the appellant an opportunity to be heard in person and call others to testify on their behalf. Council's decision on the appeal shall be final.
(1) The affairs of the Society shall be managed by a Council constituted as provided in rule 9.
(2) The Council may, subject to these rules, exercise all such powers and functions as may be exercised by the Society, other than those powers and functions required by these rules to be exercised by the members of the Society gathered in general meeting or voting by postal ballot.
(3) The Council may do all such acts and things as are not inconsistent with these rules which are necessary for the performance of its duties under these rules or which are directed to be performed by a resolution of a general meeting or the professional members voting by postal ballot.
(a) The Council may make by-laws not inconsistent with these rules, prescribing all matters which by these rules are required or permitted to be prescribed or which are necessary or convenient to be prescribed in relation to any matter within the powers and functions of the Council and generally for carrying out or giving effect to the objects of the Society and to these rules.
(b) Such by-laws shall -
(i) be published in the Society's Bulletin; and
(ii) take effect from the date of publication or from a later date to be specified therein.
(c) If a general meeting passes a resolution disallowing a by-law or any part thereof, such by-law or part shall thereupon cease to have effect.
(5) The Council may appoint members of the Society to do any of the following:
(i) edit the Society's journal;
(ii) edit the Society's Bulletin;
(iii) edit other publications; or
(iv) manage or carry out all or part of the Society's business under such direction as the Council may think fit, and, if any appointment is in the form of employment, may fix the terms and conditions (including remuneration) of such employment as it may think fit, provided that only a professional member of the Society may be appointed to edit the Society's journal. The availability of such positions shall be notified to the full membership of the Society.
(1) The Council shall consist of -
(i) the Officers of the Society; and
(ii) five Councillors.(2) The Officers of the Society shall be -
(i) the President;
(ii) the Vice-President;
(iii) the Treasurer;
(iv) the Secretary; and
(v) the Managing Editor.(3) Until the declaration of the results of the elections for Officers to be held in 1989, the Managing Editor shall be known as the Editor of the Society's publications.
(1) The person elected as Vice-President shall hold that office for one period of tenure from the annual general meeting at which his or her election was declared when he or she shall assume the office of President and shall hold the office of President for two periods of tenure after which he or she shall revert to the office of Vice-President for one period of tenure.
(2) In the event of a casual vacancy in the office of either President or Vice-President the Council shall appoint one of its members to fill the vacant position until the next elections for members of Council when an election shall be held for the office that became vacant and, if an election would not otherwise have been due, the person elected at those elections shall hold the office for the remainder of the term of the incumbent whose retirement caused the vacancy.
(a) Except as provided for in paragraph (b) of this sub-rule, the Treasurer, the Secretary, the Managing Editor and the Councillors shall hold office subject to these rules until the conclusion of the annual general meeting next but one after the annual general meeting at which their election is declared.
(b) The Secretary, the Managing Editor and two of the Councillors declared elected at the 1997 annual general meeting shall hold office until the conclusion of the 1998 annual general meeting. Prior to the 1997 annual general meeting the Returning Officer shall determine by the drawing of lots which two of the Councillors shall hold office for that period of tenure.
(4) In the event of a casual vacancy in the office of Treasurer, Secretary or Managing Editor the Council shall appoint one of its members to the vacant office and the member so appointed shall continue in office until the conclusion of the annual general meeting next following his or her appointment and shall vacate the position he or she held prior to such appointment.
(5) In the event of a casual vacancy in a position of Councillor, the Council may
(i) cause a new election to be held for the position, conforming as nearly as practicable to the provisions of Rule 11,
(ii) co-opt a professional member to fill the position, or
(iii) leave the position vacant.
(1) Subject to rules 9 and 10, officers and councillors of the Society shall be elected by a postal ballot of the professional members of the Society.
(2) No person shall be nominated for more than one office but candidates for any office may also be nominated for the non-official positions provided that nominations are received at the same time. Nominations for non-official positions shall be deemed to have been withdrawn in respect of candidates elected to offices.
(3) Separate ballots shall be conducted simultaneously for each office and for the non-official positions.
(4) Subject to this rule the Council shall make by-laws governing the conduct of elections.
12. For the purpose of these rules, an officer or councillor shall be deemed to have vacated his or her office if he or she -
(i) resigns his or her office by delivering a written notice of resignation to the Council; or
(ii) ceases to be a member of the Society; or
(iii) fails to pay all arrears of subscription due by him or her within fourteen days after he or she has received a notice in writing from the Secretary stating that he or she has ceased to be a financial member of the Society.
(1) The Council shall meet at least once in each year at such times and places as it shall determine.
(2) Special meetings of the Council may be convened by the President on his or her own motion and, on the requisition of four Council members, shall be convened by the President.
(3) Each member of the Council shall receive written notice of each Council meeting which shall be delivered to him or her not less than fourteen days before the date set for the meeting if delivered by hand and if sent by mail shall be posted to his or her usual address not less than twenty-one days before the date set for the meeting.
(4) The notice of every meeting of Council shall specify the general nature of the business to be transacted.
(5) Any six members of the Council shall constitute a quorum for the transaction of the business of a meeting of the Council.
(6) No business shall be transacted unless a quorum is present and, if within half an hour of the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved and, in any other case, it shall be adjourned to a time and place to be decided by the members present, or, failing such a decision by them, by the President and the like provision shall apply to the adjourned meeting.
(7) At meetings of the Council the President, or in his or her absence the Vice-President, or, if both the President and the Vice-President are absent, such one of the remaining members of the Council as may be chosen by the members present, shall preside.
(8) Questions arising at meetings of the Council shall be decided by a simple majority 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.
(9) Each member present at a meeting of the Council (including the person presiding at the meeting) shall be entitled to one vote and, in the event of an equality of votes on any question, the question shall be decided in the negative.
(10) At a meeting at which a quorum is present the person presiding may, with the consent of the Council, adjourn the meeting from time to time and from 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.
(1) The President, Vice-President, Treasurer, Secretary and Managing Editor shall constitute an Executive Committee.
(2) The Executive Committee, in addition to exercising such powers and carrying out such duties as the Council may delegate to it in accordance with this rule, is specifically charged with the supervision of the affairs, business and interests of the Society when Council is not in session.
(3) The Executive Committee shall consult together as frequently as is necessary to carry out its functions in such manner, whether by meeting or otherwise as the President or, in his or her absence, the Vice-President shall determine.
(4) When, in the opinion of the Executive Committee, the interests of the Society require action to be taken of a nature which would normally be the subject of a decision by the Council but, because of the urgency of the circumstances, it is not possible to call a Council meeting to discuss the matter, the Executive Committee may take the necessary action and the President shall forthwith call a special meeting of the Council to confirm the action and give any necessary directions to the Executive Committee.
(5) The Council may at any time appoint a committee and may prescribe the powers and functions thereof.
(6) The Council may co-opt as members of a committee such persons as it thinks fit, whether or not such persons are professional members of the Society, but of those co-opted members a majority shall be professional members of the Society.
(7) Committees shall consult together as frequently as is necessary to carry out those functions, in such manner, whether by meeting or otherwise, as the convenor or the members in consultation may determine or the Council may direct.
(8) The calling of committee meetings and the governing of their proceedings shall, subject to the terms of reference laid down by and any directions given by the Council, be agreed upon by the members of the committee at its first meeting.
(9) The Council may delegate to the Executive Committee or a committee any powers (except the power of delegation) conferred on it (whether expressly or by implication) by these rules or by the members voting in general meeting or by postal ballot, but the exercise of such delegated powers or the carrying out of such duties shall be subject to confirmation by the Council.
(1) The Council or the Executive Committee shall appoint a Public Officer who shall be a resident of the Australian Capital Territory.
(2) The duties of the Public Officer shall be
(a) to ensure, as far as possible, that the Society complies with the provisions of the Associations Incorporation Act 1991 of the Australian Capital Territory;
(b) to perform those duties required of a Public Officer by the aforesaid Act; and
(c) such other duties as may be determined by the Council.
(1) The Society shall hold an annual general meeting, which shall be held on such day or days (being between no earlier than three weeks and no later than four calendar months after the end of the Society's financial year) as the Council may determine.
(2) The annual general meeting shall be specified as such in the notice convening it and shall be in addition to any special general meetings which may be held in the same year.
(3) The ordinary business of the annual general meeting shall be -
(i) to confirm the minutes of the last preceding annual general meeting and of any special general meetings held since that meeting;
(ii) to receive from the Council, the Treasurer and the auditor reports upon the transactions of the Society since its last annual general meeting;
(iii) to declare the election of officers and councillors, where those elections have been held since the last annual general meeting;
(iv) to appoint the auditor; and
(v)to appoint ad hoc committees from the general membership to consider such issues as it may determine.
(vi) to set the amount of the annual subscription for each class and sub-class of member. The amount will apply from and including the next levy of membership subscriptions.
(4) The annual general meeting may transact only such special business of which notice has been given in accordance with rule 17 unless the meeting determines that a matter of which such notice has not been given should be discussed and resolved.
(5) All general meetings other than the annual general meeting shall be called special general meetings.
(6) Not less than three months before the annual general meeting the Secretary shall invite all members (either by writing direct or by notice in the Society's Bulletin) to submit notices of motion for inclusion in the agenda of the meeting, and all such notices of motion received by the Secretary no later than six weeks prior to the meeting shall be included in the agenda to be sent to all financial members in accordance with rule 17.
(1) The Council may, whenever it thinks fit, convene a special general meeting of the Society.
(2) The Council shall, on the requisition in writing of not less than twenty-five professional members, convene a special general meeting of the Society.
(3) A requisition for a special general meeting shall state the objects of the meeting and shall be signed by the requisitionists and delivered to the Secretary either personally or by mail addressed to his or her usual address.
(4) If the Council does not cause a special general meeting to be held within twenty-one days from the date on which a requisition therefor is received by the Secretary (or would in the normal course of the mail have been received) 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 delivery of the requisition.
(5) A special 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 Council, and all reasonable expenses incurred in convening the meeting shall be refunded by the Society to the persons incurring them.
(6) A special general meeting may transact only such business of which notice is given in accordance with these rules
17. At least twenty-one days before the date fixed for holding a general meeting of the Society the Secretary shall cause to be sent to every financial member a copy of the agenda of the meeting which shall state
(a) the place, day and time for holding the general meeting;
(b) the business to be transacted at the general meeting including, in the case of an annual general meeting,
(i)any ordinary business;
(ii) any special business, being the notices of motion received pursuant to rule 15(6) and any other matters directed by the Council or the Executive Committee to be discussed at the meeting;
(iii) the date on which the agenda is issued and the fact that it is issued by the Secretary; and
(iv) the recommended annual subscription for each class and sub-class of member.
(1) All business that is transacted at a special general meeting, and all business that is transacted at an annual general meeting with the exception of that specially referred to in rule 15 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 unless a quorum of members entitled to vote under these rules is present during the time when the meeting is considering that item.
(3) Twenty-five members personally present (being members entitled under these rules to vote thereat) constitute a quorum for the transaction of business at a general meeting.
(4) If within one hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved and in any other case it shall be adjourned to a time and place to be decided by the professional members present, or, failing a decision by them, by the Council and the like provision shall apply to an adjourned meeting.
(5) A motion to refer any matter to the Council with a recommendation on any action on such matter to be taken by the Council shall be deemed to be business of which notice has been given in accordance with these rules.
(1) The President or in his or her absence the Vice-President shall preside at general meetings of the Society.
(2) If the President and the Vice-President are both absent from a general meeting, the members present (entitled under these rules to vote at the meeting) shall elect one of their number to preside as chairman thereat.
(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 from 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, but the limitations as to time shall not apply.
(3) Except as provided in sub-rule (2), it is not necessary to give any notice of an adjourned meeting.
(1) A question arising at a general meeting of the Society shall be determined by a simple majority on a show of hands unless on or before the declaration of a result of the show of hands a poll is demanded.
(2) Where a poll is not demanded and a declaration by the chairman that a resolution, on a show of hands, has been carried, or carried by a particular majority, or carried unanimously, or lost, is made and an entry to that effect is made in the minute book of the Society, then that entry shall be evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution.
(1) Upon any question arising at a general meeting of the Society a member shall have one vote only.
(2) In the case of any equality of voting on a question the question shall be decided in the negative.
(3) Votes shall be given personally or by proxy, provided that written notice of the proxy has been given to the Secretary at least 15 minutes before the time specified for the commencement of the meeting in the notice of the meeting.
(4) The Council shall make by-laws governing the giving of the proxies and the procedures for voting by proxy.
23. If at a meeting a poll on any question is demanded 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.
24.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.
(a) Where a question is decided at a general meeting of the Society in accordance with this Part and the Council or a group of professional members believe that attendance at the meeting was unrepresentative of the whole membership of the Society or that the decision was contrary to the best interests of the Society, the Council may on the requisition in writing of not less than twenty professional members submit the question to the whole of the professional membership by means of a postal ballot.
(b) Provided that such requisition must be placed in the hands of the Secretary of the Society not more than thirty days after the close of the general meeting, and the Council shall, in either case, cause the ballot to be held not more than ninety days after the date of the meeting.
(c) Provided further that, where a question decided at a general meeting concerned an alteration of these rules as provided by rule 26 or the expulsion of a member as provided by rule 7 and that question is submitted to a postal ballot, unless a two-thirds majority of professional members voting in the postal ballot vote in favour of the question, the question shall be deemed to have been answered in the negative.
(d) Provided further that, where a question which has been decided at a general meeting is submitted to a postal ballot of professional members and the number of members registering votes in that ballot is less than the number of professional members attending and voting at the general meeting at which the question was decided, then the postal ballot shall be of no effect and the decision at the meeting shall be final.
(1) These rules may be amended by a resolution passed by a two-thirds majority of those professional members attending and voting at a general meeting.
(2) Notice of the proposed amendment shall be included in the notice referred to in Rule 17.
(3) Notwithstanding the provisions of Rule 15(4) an annual general meeting may not approve of a change in these rules unless special notice of the change has been given in accordance with Rule 17.
27. The income and property of the Society, however derived, shall be applied solely towards promotion of the objects and purposes of the Society and no portion thereof shall be paid or transferred, directly or indirectly, by dividend, bonus or otherwise to any member of the Society
(1) True account shall be kept -
(i) of all sums of money received and expended by the Society and the matter in respect of which the receipt or expenditure takes place; and
(ii) of the property, credits and liabilities of the Society, and, subject to any reasonable restrictions as to time and manner of inspecting them that may be imposed by the Council for the time being, those accounts shall be open to the inspection of the members of the Society.
(2) The Treasurer of the Society shall faithfully keep all general records, accounting books and records of receipts and expenditure connected with the operations and business of the Society in such form and manner as the Council may direct.
(3) The accounts, books and records referred to in sub-rules (1) and (2) shall be kept at such place as the Council may direct.
(1) The Treasurer of the Society or such other person as is designated by Council shall, on behalf of the Society, receive all moneys paid to the Society and forthwith after the receipt thereof issue official receipts therefor.
(2) The Council shall cause to be opened with such banks as it selects such banking accounts as it thinks fit in the name of the Society into which all moneys received shall be paid by the Treasurer or such other person as is designated by Council as soon as possible after receipt.
(3) The Council may receive from the Society's bank or bankers for the time being the cheques drawn by the Society 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 those cheques or the surrender thereof to the Society.
(4) Except with the authority of the Council, no payment of a sum exceeding five dollars shall be made from the funds of the Society otherwise than by a cheque on the Society's bank account, but the Council may provide the Treasurer with a sum to meet urgent expenditure, subject to the observance of such conditions in relation to the use and expenditure thereof as the Council may impose.
(a) In the case of payments for the Society's normal operating expenses or where transferring the Society's funds or parts thereof between accounts, the withdrawal or payment of money from the Society's funds (whether by cheque or otherwise) shall be authorised by at least two members of the Council one of whom shall be the Treasurer, or in his or her absence, a member of the Executive Committee and such authorisation may be given by the signing of cheques or other instruments.
(b) In all other cases, payments from the Society's funds shall be authorised by a resolution of the Council or of the Executive Committee.
(6) The Council may deposit or invest with such financial institutions, being financial institutions as are permitted for the investment of trust funds, as it may decide such of the Society's funds as are not required for the day to day conduct of the Society's business.
(1) At each annual general meeting of the Society the professional members present shall appoint a qualified accountant who is not a member of the Council of the Society as the auditor of the Society, and he or she shall hold office until the conclusion of the annual general meeting next following the meeting at which he or she is appointed.
(2) The first auditor of the Society shall be appointed by the Council before the first annual general meeting and shall hold office until the conclusion of the first annual general meeting.
(3) If an appointment is not made at an annual general meeting or if a casual vacancy occurs in the office of auditor, the Council may appoint who shall hold office until the conclusion of the next annual general meeting.
(4) The auditor may be removed by resolution of a special general meeting which may also appoint an auditor to act until the next annual general meeting.
(1) Once at least in each financial year of the Society, the accounts of the Society shall be examined by the auditor.
(2) The auditor shall certify as to the correctness of the accounts of the Society and shall report thereon to the Council which shall cause a copy of his or her report to be sent to every financial member of the Society within ninety days of the report being received by the Secretary and the Council shall cause the auditor's report to be laid before the annual general meeting of the Society next following the presentation of the report to the Council.
(3) In his or her report and in certifying to the accounts the auditor shall state-
(i) whether he or she has obtained all the information required by him or her;
(ii) whether, in his or her opinion, the accounts are properly drawn up so as to exhibit a true and correct view of the Society according to the information at his or her disposal and the explanations given to him or her and as shown by the books of the Society; and
(iii) whether the rules relating to the administration of the funds of the Society have been observed.
(4) The Secretary and Treasurer of the Society shall cause to be delivered to the auditor a list of accounts, books and records of the Society.
(5) The auditor -
(i) has a right of access to the accounts, books, records, vouchers and documents of the Society;
(ii) may require from any members of the Council such information and explanations as may be necessary for the performance of his or her duties; and
(iii) may, in relation to the accounts of the Society, examine any member of the Council.
(6) Within one month after presentation of the accounts of the Society, the Public Officer shall lodge a copy thereof at the Australian Capital Territory Corporate Affairs Office.
(1) The common seal of the Society shall be in the form of a rubber stamp inscribed with the name of the Society encircling the words "Common Seal".
(2) The common seal shall remain in the custody of the Secretary and shall not be affixed to any instrument except by the authority of the Council and the affixing thereof shall be attested by the signatures of two members of the Council authorised by the Council to attest thereto and the attestation shall be sufficient for all purposes that the common seal was affixed by the authority of the Council.
32. The financial year of the Society is the period beginning on 1 July in each year and ending on 30 June next following.
(1) The amount of the annual subscription for each class and sub-class of member and the basis on which it is calculated are to be recommended by the Council for decision at the next annual general meeting. Notice of the recommended amounts for each class and sub-class shall be sent to every financial member along with the notice of annual general meeting, as set out in rule 17.
(2) The Council may make by-laws regulating the time and manner of payment of membership subscription.
(1) If upon the winding-up or dissolution of the Society there remains, after the satisfaction of all debts and liabilities, any property other than the administrative records of the Society, that property shall not be paid to or distributed amongst its members, but shall be given or transferred to one of the organisations under section 78(1)(a) of the Income Tax Assessment Act 1936, having objects similar to the objects of the Society, and whose rules prohibit the distribution of its income and property amongst its members.
(2) Upon the winding-up or dissolution of the Society, the administrative records of the Society shall become the property of the Archives of Business and Labour at the Australian National University, Canberra.
(1) Members of the Society residing or working within Australia may belong to Branches of the Society.
(2) Subject to the consent of the Council or a general meeting of the Society, Branches of the Society may be formed in each State or Territory of Australia, and members of the Society residing or working within a State or Territory may belong to a Branch formed within that State or Territory or within an adjacent State or Territory, provided that a member shall belong to only one Branch.
(3) The Council may make such by-laws as may be necessary to facilitate and regulate the formation of the Branches of the Society, and may appoint regional convenors to assist in the formation of Branches.
(4) Branches shall adopt rules governing their conduct, provided that such rules shall not be inconsistent with these rules or with any by-law made by the Council.