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THE 1 st ARMOURED REGIMENT ASSOCIATION Inc The By-laws of the 1 st Armoured Regiment Association

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Page 1: THE 1st ARMOURED REGIMENT ASSOCIATION Inc€¦  · Web view01/03/2015  · 2 Certificate of Appreciation. 1.1 The Committee may award a Certificate of Appreciation to any person

THE 1st ARMOURED REGIMENT ASSOCIATION Inc

The By-lawsof the

1st Armoured Regiment Association

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INTRODUCTION

These By-Laws set out the minimum standards to be applied in the effective and efficient operation and management of the 1st Armoured Regiment Association by all members. They are to be read in conjunction with all other provisions in respect of corporate governance of Incorporated associations as are set out in the relevant legislation and Rules, as the case may be.

1 INTERPRETATION

Unless the contrary intention appears:

The term “Association” has the same meaning as “1st Armoured Regiment Association.” Both terms are interchangeable.

The term “Act” Act means the Associations Incorporation Reform Act 2012 (Vic) and has the same meaning as “the Act”. Both terms are interchangeable.

The term “must” has the same meaning as “shall.” Both terms are interchangeable.

The term “should” refers to something that is strongly recommended and is considered to be best practice.

The term “Committee” has the same meaning as Management Committeeof the Association elected or appointed, as the case may be. Both terms are interchangeable.

The term “member” applies to Ordinary Members, Life Members and Honorary Members of the Association.

The term “conflict of interest” is defined as: “A situation where a person has a personal interest in a matter the subject of a decision or duty of that person.”1

The term “reasonable” is defined as: “Agreeable to reason, not irrational, absurd or ridiculous.”2

The term “office holders” applies to the President, Vice President, Secretary and Treasurer of the Association.

1 Butterworth’s Concise Australian Legal Dictionary 2006, 3rd edn, Chatswood NSW, 85.2 (Australian Doctors’ Fund v Commonwealth (1994) 34 ALD 459, per Beazely J; Department of Industrial Relations v Burchill (1991) 33 FCR 122; 105 ALR 327, considered).

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BY-LAW 1EFFECT OF BY-LAWS

1 Authority

1.1 These By-laws are made pursuant to Rule 1.6.

1.2 The Committee shall have the power from time to time, to make such By-laws as are in its opinion necessary and desirable for the proper control, administration and management of the Association’s affairs, operations, interests, effects and property and to amend or repeal from time to time, such By-laws.

1.3 These By-laws shall:

i. be subject to the Constitution.

ii. not be inconsistent with any provision contained in the Constitution, the Act or the Regulations; and

iii. be binding on all classes of membership and shall have the same effect as the Association’s Rules.

BY-LAW 2MEMBERSHIP OF THE ASSOCIATION

(Rules 1, 3, 5, 9 , 10, 11, 12, 13, 14, 15 and 32 refer)

1 Membership Eligibility (Ordinary Members)

1.1 The following shall be eligible to apply to be admitted as members:

i. Any person however prescribed, in Rule 5 of the Constitution.

2 Application for Membership

2.1 The Application for Membership (Annex A) is the standard form to be used for applying for membership. The standard form is the only form that is to be used when applying for membership of the Association.

2.2 The application form comes in 1 part and is to be used at all times

2.3 The form is to be completed in accordance with the instructions contained therein and must include all relevant personal information reasonably necessary for membership records.

3 Parties Bound

3.1 Under the provisions of Rule 5 and Rule 10 and this By-Law, each person who applies to be admitted as an ordinary member or upon whom Associate Membership, Life Membership or Honorary membership is conferred, shall be deemed to have agreed to be bound by the provisions of this Constitution and these By-Laws.

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4 Membership Administration

4.1 The Committee may record and retain details of members’ financial status and membership history.

5 Processing Applications for Membership

5.1 An application for membership of the Association shall be:

i. in the prescribed form set out in Annex A to these By-Laws;

ii. accompanied by the annual subscription payable; and

iii. supported by such evidence as s necessary to demonstrate the eligibility of the applicant.

5.2 An application for membership may be forwarded to the Association’s Office.

6 Processing Applications for Membership (Ordinary Members)

6.1 Where an applicant or any other person referred to in by-law 5.1 above elects to become a member of this Association, then provided the applicant:

i. has demonstrated he or she is eligible to be admitted to membership of the Association pursuant to this By-Law;

ii. has completed his or her application form and has paid the annual prescription payable; and

iii. is considered by the Committee after a fourteen (14) day waiting period, to be a fit and proper person to be admitted as a member;

he or she shall be admitted as a Ordinary Member of the association.

6.2 Applications for membership of the Association may where circumstances warrant, be discussed and authorised by the Committee in one of the following ways:

i. at the management committee meeting held immediately before the AGM;

ii. at the next scheduled 4-month meeting of the Committee;

iii. out of session by electronic means to all Committee members; or

iv. by an out-of-session by telephone conference.

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7 Associate Membership

7.1 Subject to Rule 5, the Committee may award associate membership to:

i. the wife, husband, partner, children or next of kin of any person that is eligible to be an Ordinary Member vide Rule 5.1 of members of the Association killed in action or who die as a consequence of their service as a member of the units so prescribed in Rule 5; and

ii. such other persons for such period as it sees fit.

7.2 Admission to associate membership of a person referred to in paragraph 7.1(i) shall be by way of invitation by the Committee and shall be extended to the relevant next-of-kin, having regard to:

i. the nature and circumstances of the member’s death.

7.3 Where admission as an associate member is found to be inconsistent with paragraph 7.1(i), associate membership shall not be granted.

7.2 The eligibility of next-of-kin for associate membership referred to in paragraph 7.1(i) shall only extend to the parents, wife, husband, partner and children of the deceased member.

7.3 An associate member may at the Committee’s discretion, attend as an observer at any Annual General Meeting at his or her own expense but shall not be entitled to be heard, or vote or receive notices nor shall he or she be liable to pay any subscription or other sums to the Association.

8 Refusal of Membership

8.1 The Committee may only refuse an application for membership if it is satisfiedan applicant:

i. is not eligible;

ii. is not a fit and proper person to be admitted as a Member; or

iii. it is not in the interests of the Association

for an applicant to be admitted to membership of the Association.

8.2 A decision of the Committee to refuse an application shall be recorded in the minutes of the meeting at which the decision was made.

8.3 If the Committee rejects the application, it must return any money accompanying the application to the applicant.

8.4 No reason need be given for the rejection of an application.

8.5 A decision of the Committee to refuse an application shall be final and binding on all parties.

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9 Ex Officio Members (Subcommittees)

The Committee may, from time to time and as the case may be, appoint any Ordinary Member of the Association as ex officio members of the Committee to assist the Committee to do all such things as appear to the Committee to be necessary or reasonable for the proper management of the affairs of the Association.

10 Cessation of Membership

10.1 A Ordinary Member, Associate Member, Life Member or Honorary Member wishing to resign from the association shall give notice in writing to that effect. Upon notice being received by the Association, the person tendering his or her resignation shall thereupon cease to be a member.

10.2 Upon a Ordinary Member, Associate Member, Life member or Honorary Member ceasing to be a Member, he or she shall cease to be entitled to have any interest in any property or assets of the Association but shall still be liable to pay to the Association all amounts owing to it at the date of his or her ceasing to be a Member.

11 Termination of Membership

11.1 A member may have his or her membership terminated where a member’s conduct comes within the purview of Rule 11 of the Constitution.

11.2 Consistent with the legislative requirement to observe and comply with natural justice principles, a member subject to a decision to terminate his or her membership, may seek a review of the decision to terminate membership as set out in Rules 12 and 13.

BY-LAW 3MISCONDUCT COMMITTED BY MEMBERS OF THE ASSOCIATION

1 Interpretation

In this By-law, misconduct occurs when a member of the Association fails to fulfil his or her obligations (or duty) as a member of the Association under the Association’s Rules.

A failure to fulfil that obligation (or duty) occurs when a member commits a breach of the relevant Rule or Rules.

1.1 A member of the Association, who without reasonable or lawful excuse:

(a) wilfully refuses or neglects to comply with the provisions of this Constitution or the By-laws;

(d) commits any act or omission that brings the Association into disrepute;

(e) fails to disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with their duties as a member of the Association;

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(f) engages in conduct unbecoming a member of the Association;

(g) engages in conduct detrimental to the interests of the Association;

(i) falsely represents himself or herself to be a soldier, sailor or airman; or

(j) wears any service medal, award or decoration for which he or she is not authorised;

commits misconduct and may be liable to formal disciplinary action.

2 Criminal convictions

2.1 A member of the Association who has been convicted of any indictable offence shall be liable to be dealt with under the provisions of Rule 11.

2.2 A member of the Association who has been convicted of an indictable offence must be given the opportunity to show cause in writing as to why he or she should not:

i. be expelled from the Association.

2.3 A member who has been convicted of any indictable offence must not be asked to show cause in circumstances where:

i. an appeal against the conviction has been lodged; andii. the appeal is upheld and the criminal conviction is quashed.

2.4 The Association has the discretion absolutely to initiate action requiring a member to show cause where:

i. the member concerned elects not to lodge an appeal against his or her conviction; or

ii. the appeal is dismissed.

2.5 Associate Members shall be subject to the provisions of Rule 12 in respect of breaches of discipline.

BY-LAW 4DISCIPLINE (Rule 2 refers)

1 General

1.1 Subject to these Rules, if the Committee is of the opinion that a member has:

(a) breached, failed, refused or neglected to comply with a provision of this Constitution, the By-laws, the Policies and the rules or any resolution or determination of the Committee; or

(b) acted in a manner unbecoming of a member or prejudicial to the Objectives and interests of the Association; or

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(c) brought the Association into disrepute;

the Committee may commence or cause to be commenced, disciplinary proceedings against the Member, and that Member will be subject to, and submits unreservedly to the jurisdiction, procedures, penalties and appeal mechanisms (if any) of the Association as set out in these Rules and By-laws.

2 Discipline Principles

2.1 Subject to the provisions of Rule 12 (Appeals against termination or rejection of membership), a General meeting must, in adjudicating the appeal, have regard to the following Discipline Principles:

(i) The nature of the misconduct;

(ii) The circumstances in which the misconduct occurred;

(iii) The seriousness of the misconduct;

(iv)The degree of relevance to the member’s duties or to the reputation of the Association;

(v) The circumstances of the misconduct; and

(vi)Mitigating factors:

Age, experience and length of membership of the Association; and Cultural background and language difficulties.

2.2 The Discipline Principles must also be applied in circumstances where a member of the Association is required to show cause having been convicted of an indictable offence.

3 Discipline of Members

3.1 Members shall be subject to the provisions of Rule 12 in respect of breaches of discipline.

4 Penalty for misconduct

4.1 Where a member has been found to have acted without reasonable excuse in a manner inconsistent with Rule 11, the member is deemed to have committed misconduct and the Committee may by resolution:

(a) reprimand the member;

(b) suspend the membership rights of that member for a specified period; or

(c) expel the member from the Association with immediate effect; or

(d) impose any other such penalty as the Association considers appropriate

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4.2 No appeal shall lie against a penalty imposed under by-law 4.1(a).

4.3 No appeal shall lie against a penalty of suspension under by-law 4.1(b) where the suspension is for a period not exceeding (6) months.

4.4 The Disciplinary Committee must not impose a pecuniary penalty.

5 Disciplinary subcommittee

5.1 If the management Committee is satisfied that there are sufficient grounds for taking disciplinary action against a member, the Committee must appoint a disciplinary subcommittee to hear the matter and determine what action, if any, to take against the member.

5.2 The members of the disciplinary subcommittee:

(a) may be Committee members, members of the Association or anyone else; but

(b) must not be biased against, or in favour of, the member concerned.

5.3 Where a disciplinary subcommittee includes a State Representative, that State Representative must be from a State or Territory other than the State or Territory in which the member subject to discipline, resides.

6 Notice to member

6.1 Before disciplinary action is taken against a member, the Secretary must give written notice to the member:

(a) stating that the Association proposes to take disciplinary action against the member; and

(b) stating the grounds for the proposed disciplinary action; and

(c) specifying the date, place and time of the meeting at which the disciplinary subcommittee intends to consider the disciplinary action (the disciplinary meeting ); and

(d) advising the member that he or she may do one or both of the following:

(i) attend the disciplinary meeting and address the disciplinary subcommittee at that meeting;

(ii) give a written statement to the disciplinary subcommittee at any time before the disciplinary meeting; and

(e) setting out the member's appeal rights under Rule 13.

6.2 The notice must be given no earlier than 28 days, and no later than 14 days, before the disciplinary meeting is held.

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7 Decision of subcommittee

7.1 At the disciplinary meeting, the disciplinary subcommittee must:

(a)give the member an opportunity to be heard; and

(b)consider any written statement submitted by the member.

7.2 After complying with by--law 8.1, the disciplinary subcommittee may:

(a) take no further action against the member; or

(b) subject to by-law 8.3:

(i) reprimand the member; or (ii) suspend the membership rights of the member for a specified

period; or (iii) expel the member from the Association.

7.3 The disciplinary subcommittee must not fine the member.

7.4 The suspension of membership rights or the expulsion of a member by the disciplinary subcommittee under this rule takes effect immediately after the vote is passed.

8 Appeal rights

8.1 A person whose membership rights have been suspended or who has been expelled from the Association under Rule 13 may give notice to the effect that he or she wishes to appeal against the suspension or expulsion.

8.2 The notice must be in writing and given:

(a) to the disciplinary subcommittee immediately after the vote to suspend or expel the person is taken; or

(b) to the Secretary not later than 48 hours after the vote.

8.3 If a person has given notice under by-law 9.2, a disciplinary appeal meeting must be convened by the Committee as soon as practicable, but in any event not later than 21 days, after the notice is received.

8.4 Notice of the disciplinary appeal meeting must be given to each member of the Association who is entitled to vote as soon as practicable and must:

(a) specify the date, time and place of the meeting; and

(b)state:

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(i) the name of the person against whom the disciplinary action has been taken; and

(ii) the grounds for taking that action; and (iii)that at the disciplinary appeal meeting the members present must vote

on whether the decision to suspend or expel the person should be upheld or revoked.

9 Conduct of disciplinary appeal meeting

9.1 At a disciplinary appeal meeting:

(a) no business other than the question of the appeal may be conducted; and

(b) the Committee must state the grounds for suspending or expelling the member and the reasons for taking that action; and

(c) the person whose membership has been suspended or who has been expelled must be given an opportunity to be heard.

9.2 After complying with subclause 10.1, the members present and entitled to vote at the meeting must vote by secret ballot on the question of whether the decision to suspend or expel the person should be upheld or revoked.

9.3 The meeting may by vote elect to:

(i) Affirm the decision under review ( the Primary Decision); or

(ii)Set aside the decision under review and substitute it with a decision of its own.

EXAMPLE: A decision to suspend a member for 12 months may, based on the facts presented at the appeal, be considered to be unreasonable and oppressive and a vote by members present to amend the primary decision and suspend a member for 6 months is taken to set aside the primary decision.

9.4 A member may not vote by proxy at the meeting.

9.5 The decision is upheld if not less than three quarters of the members voting at the meeting vote in favour of the decision.

BY-LAW 5GRIEVANCE PROCEDURES (Rule 2A refers)

1 General

The investigation, resolution and adjudication of any complaint or grievance must be conducted in accordance with the provisions of Model Rules 19 to 29 in their application to this By-law

2 Onus of Proof

The onus of proof shall lie with the complainant.

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2 Application

1.1 The grievance procedure set out in this By-law applies to disputes under these By-laws between—

(a)a member and another member;

(b)a member and the Committee; or

(c)a member and the Association.

1.2 A member must not initiate a grievance procedure in relation to a matter that is the subject of a disciplinary procedure until the disciplinary procedure has been completed.

2 Dispute Resolution

2.1 Parties to a dispute must make all reasonable attempts to resolve the dispute amongst themselves within 14 days of the dispute coming to the notice of each party.

3 Appointment of Mediator

3.1 If the parties to a dispute are unable to resolve the dispute between themselves within the time required by by-law 2.1, the parties must within 10 days:

(a)notify the Committee of the dispute; and

(b)agree to or request the appointment of a mediator; and

(c)attempt in good faith to settle the dispute by mediation.

3.2 The mediator must be:

(a)a person chosen by agreement between the parties; or

(b)in the absence of agreement:

(i) if the dispute is between a member and another member—a person appointed by the Committee; or

(ii) if the dispute is between a member and the Committee or the Association—a person appointed or employed by the Dispute Settlement Centre of Victoria.

3.3 A mediator appointed by the Committee may be a member or former member of the Association, and may also include but not be limited to, the Patron of the Association, the Honorary Colonel of the 1st Armoured Regiment, but in any case must not be a person who:

(a) has a personal interest in the dispute; or

(b) is biased in favour of or against any party.

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4 Mediation process

4.1 The mediator to the dispute, in conducting the mediation, must—:

(a)give each party 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 throughout the mediation process.

4.2 The mediator must not determine the dispute.

5 Failure to resolve dispute by mediation

If the mediation process does not resolve the dispute, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.

BY-LAW 6MEMBERSHIP FEES (Rule 8 refers)

1 General

1 The minimum annual subscription payable by Members shall be the amount as is determined from time to time by the Committee and shall include GST.

2 Such subscription shall be paid by each member to the Association.

3 This By-Law shall not apply to a Life Member or an Honorary Member.

BY-LAW 7BUSINESS FOR AND NOTICES OF ANNUAL GENERAL MEETINGS

(Rules 34 to 39 refers)

1 Notice of general meetings

1.1 The Secretary (or, in the case of a special general meeting convened vide Rule 39, the members convening the meeting) must give to each member of the Association:

(a) at least 21 days' notice of a general meeting if a special resolution is to be proposed at the meeting; or

(b) at least 14 days' notice of a general meeting in any other case.

1.2 The notice must:

(a) specify the date, time and place of the meeting; and

(b) indicate the general nature of each item of business to be considered at the meeting; and

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(i) state in full the proposed resolution; and(ii) state the intention to propose the resolution as a special resolution; and

(c) comply with Rule 40 - Proxies.

1.3 This rule does not apply to a disciplinary appeal meeting.

2 Notices of Motion and Other Business

2.1 All Notices of Motion and other business to be submitted to an Annual General meeting (AGM) must be forwarded to reach the Secretary not less than 60 days prior to the AGM.

2.2 The Secretary shall, not less than twenty-eight (28) days prior to the AGM, forward to all Ordinary Members copies of business to be addressed at the AGM including the Annual Report, Annual Balance Sheet and Financial Statement.

3 Order of Business

3.1 Unless otherwise resolved, business will be dealt with in this order:

i. Declare the meeting open;

ii. Confirmation of the minutes of the previous AGM;

iii. Election of Committee Members (to assume office at the conclusion of the AGM);

iv. The Agenda for General Business (to incorporate matters arising from the Minutes); and

v. Other Business as directed by the President

4 Agenda

4.1 The Agenda is to include all motions duly submitted. Motions submitted:

i. shall be proposed and seconded before debate;ii. shall be affirmative in character;

iii. shall be the property of the AGM;iv. may be withdrawn only by leave of the AGM;v. may be adjourned from time to time;

vi. may be altered or amended until a resolution is arrived at;vii. not seconded shall not be further debated.

5 Motions Under Debate13

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5.1 A motion under debate may be superseded at any time by another motion that:

i. Is to be discharged from the Agenda;ii. Is to be adjourned;

iii. Calls for the adjournment of the AGM; oriv. “the motion now be put” or “the next item of business be proceeded

with”.

5.2 No person who has spoken to the original motion shall be permitted to so move.

6 Amendments

6.1 Any amendments to any motion:

i. if not seconded, shall not be entertained;ii. must be relevant to the motion to which it is proposed;

iii. may only be withdrawn by leave of the AGMiv. shall not be moved by a member or a delegate of a member who

submitted the motion, save to correct an obvious mistake or ambiguity;v. shall be dealt with before any other amendment is entertained and

if carried, shall replace the original motion.

7 Debate

7.1 Debate is to be brief and to the point. The mover of an original motion shall be allowed not more than five minutes to introduce it and two minutes to reply. No other member shall be allowed to speak for more than five minutes at any time.

7.2 Where a motion has been duly proposed and seconded, the President shall at once proceed to take votes thereon unless some member opposes it or proposes an amendment

7.3 When two or more members have spoken in succession either for or against the motion, the President shall again proceed to take votes unless a further member opposes it or proposes an amendment. The President has the discretion absolutely to further repeat this procedure or to call upon the mover to close the debate.

7.4 Any member who seconds a motion or amendment without speaking to the motion or amendment in the first instance shall be permitted to speak on the subject of such motion or amendment at any subsequent period of the debate.

7.5 With the indulgence of the President, a member may explain matters of a personal nature but such matters may not be debated.

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7.6 Any member who has spoken to a question may again be heard to explain himself or herself in regard to some material part of his or her speech which has been misquoted or misunderstood but shall not introduce any new matter or attempt or interrupt the President and no debatable matter shall be brought forward or debate arise upon such an explanation.

7.7 Any member who has spoken to a motion cannot speak to any amendment thereon until such amendment has become a motion.

BY-LAW 8MANAGEMENT COMMITTEE MEETINGS (Rules 18 to 32 refers)

1 Frequency of Meetings

1.1 The Committee may meet at a time and place as determined by the Committee from time to time and must meet at least once every 4 months to exercise its functions.

1.2 Such meetings shall be conducted consistent with the provisions of Rule 25D (Quorum).

BY-LAW 9ASSOCIATION BADGE

1 Ordinary Members

1.1 The Association may, as the Committee sees fit, issue a Ordinary Member of the Association, upon payment of their first subscription, a membership badge in such form as the Committee sees fit.

2 Special Members

2.1 The Association may award Life, Honorary or Special Membership as the Committee sees fit. Recipients of Special Membership may be awarded a membership badge or certificate in a form as prescribed by the Committee.

3 Registration of Badges

4.1 The Secretary or Treasurer shall maintain a record of all badges issued and to whom they are issued.

4 Improper Use of Badge

5.1 A Member of the Association, regardless of class of membership, shall not knowingly permit the badge issued to him or her to be used by any other person for whatever purpose whatsoever.

5.2 A Member of the Association , regardless of class of membership, who without reasonable excuse, contravenes the provisions of this By-Law, commits a breach of the Constitution and shall be liable to be dealt with under Rule 12 (Termination of Membership).

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5 Badge Colour and Design

6.1 The approved badge of the Association, where used, shall conform to the standard colours as prescribed by the Committee.

6.2 The approved badge design of the Association, where issued, shall conform to the design approved by the Committee, as the Committee sees fit.

BY-LAW 10INCONSISTENCIES BETWEEN BY-LAWS AND RULES

(Rule 1.3 refers)

1 Act and Rules prevail

1.1 Where an inconsistency between these By-laws and the Rules exists, the Rules shall apply only to the extent that the inconsistency exists.

1.2 Where an inconsistency between the Act and the Rules exists, the Act shall apply only to the extent that the inconsistency exists.3

BY-LAW 11CONFLICT OF INTEREST (Rule 26 refers)

1 Interpretation

1.1 The term “conflict of interest” is defined as: “A situation where a person has a personal interest in a matter the subject of a decision or duty of that person.”4

1.1 In the interpretation of this By-Law except where excluded by the context, the term “contract” as it applies in the context of this By-law means:

i Any written or verbal contract entered into by the Committee in which financial expenditure is committed.

1.2 For the purpose of this By-law, the term “Committee member” includes any ex-officio member of the Committee.

2 Disclosure of Interest

1.1 A Committee member must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with their duties as Committee members or ex officio Committee members.

1.2 A Committee member or a member of a sub-Committee set up with the approval of the Committee, must disclose any direct or indirect pecuniary interest in a contract or proposed contract, before the Committee.

3 s 48(4). Under section 50(6) the Registrar may refuse an alteration to the rules of an incorporated association if satisfied that the alteration is contrary to this Act or the Regulations.4 Above n1, 85.

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1.3 A Committee member or any other person referred to in this By-Law having such an interest must not, pursuant to Rule 26, take part in decision-making in relation to the matter before the Committee.

3 Avoidance of Conflict of Interest

1.1 If a Committee member has an interest, pecuniary or otherwise, thatcould conflict, or appear to conflict, with the proper performance of his or her duties, the Committee member must:

(b) disclose the interest to the President; and

(c) take reasonable action to avoid the conflict;

as soon as possible after the relevant facts come to the member’s notice.

1.2 A conflict of interest arises where a relative, friend or associate of the Committee or sub-Committee member stands to gain or lose financially or otherwise, from a decision or action by the Committee.

4 Failure to Disclose a Conflict of Interest

1.1 Where a Committee Member or any other person referred to in this By-law fails to disclose a pecuniary interest in a contract before the Committee, that Member is liable to the Association for any profit made directly or indirectly, and any damage or loss suffered by the Association as a result of that failure to disclose.

5 Exceptions to Disclosure of Interest

1.1 The provisions of this By-Law do not apply in circumstances where the Committee Member or sub-Committee Member is an employee of the Association.

BY-LAW 12USE OF ASSOCIATION FUNDS (Rule 30 refers)

1 General

1.1 All funds raised by the Association shall be raised for the purposes as prescribed in Rule 30(3).

1.2 Subject to Rule 30(3), the Committee may take all reasonable and necessary action to actively encourage members of the Association to purchase Association merchandise, make donations and gifts thereto, in pursuance of furthering the Objects of the Association.

4 Use of Funds Raised

1.1 The use of funds raised by the Association shall be at the discretion of the Committee in such manner as the Committee determines and as prescribed in Rule 30.

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5 Acting Arrangements

5.1 In the event the President is unable to effectively perform the functions of his office due to illness, absence on leave or for any other reason requiring a temporary absence, the President may authorise any other Office Holder as defined in Clause 1 in these By-Laws (Interpretation), to perform the role of Acting President to enable the Management Committee and the Association to continue to function.

5.2 The powers and functions delegated to an Acting President shall only operate to the extent of the duration of the President’s temporary absence.

BY-LAW 13MANAGEMENT OF ASSOCIATION FUNDS

(Rules 30, 41 and 42 refers)

1 General

1.1 The use of and management of Association funds shall be in accordance with Rules 30, 41 and 42.

BY-LAW 14LIFE MEMBERS

1 Parties Bound

1.1 A person upon whom Life membership is conferred, shall be deemed to have agreed to be bound by the provisions of this Constitution and these By-Laws.

2 Discipline

1.1 Life members shall be subject to the provisions of Rule 11 and these By-laws in respect of breaches of discipline.

3 Attendance at Meetings

1.1 Life members may at the Committee’s discretion attend Annual General Meetings but shall be eligible to vote.

1.2 The President may exercise a discretion to invite a Life Member to address an Annual General Meeting on any matter that is directly relevant to the deliberations of the Committee and the Association.

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BY-LAW 15CERTIFICATES OF APPRECIATION

ANDOUTSTANDING SERVICE

1 Introduction

Circumstances may occur from time to time that warrant the recognition of or appreciation for, services rendered in support of the Association other than by way of Honorary or Life membership.

The Committee may at its discretion, express the Association’s appreciation to eligible persons by the awarding of Certificates of Appreciation in certain circumstances.

2 Certificate of Appreciation

1.1 The Committee may award a Certificate of Appreciation to any person or corporation considered to be worthy of special recognition for services rendered to the Association. The Certificate may be awarded to a member or non-member.

3 Certificate of Outstanding Service

1.1 The Committee may award a Certificate of Outstanding Service to any person, corporation, association, society or other body that has giver outstanding service to the Association for a period of not less than 5 years to the Association.

BY-LAW 16PRIVACY (Rule 1.5 refers)

1 Legislative coverage

The 1st Armoured Regiment Association is subject to the provisions of the Privacy and Data Protection Act 2014 (Vic).2 Procedures

1.1 The following procedure must be complied with in respect of all applications for membership of the Association:

i. all Applications for membership must incorporate a Consent and Privacy Statement.

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