CONSTITUTION OF SUMMERLAND AMATEUR RADIO CLUB (as at 1 Jan 1998) NAME 1. The name of the Club is ‘Summerland Amateur Radio Club’. OBJECTS 2. The objects for which the Club is established are: (a) To promote the interests of the Amateur Radio Service and Licensed Amateur Stations as well as the science of Radio Communications and electronics. (b) To undertake such activities as will promote such interests. (c) To associate with other organisations whose aims and interests are similar to those of this Club. For the purpose of carrying out the above objects: (d) (i) To buy, hire, lease (ii) to grant and accept options over (iii) to sell, let on hire, let on lease, mortgage, or otherwise dispose of any real or personal property, rights, and privileges of the Club. (e) To invest any monies of the Club not immediately required upon securities and in such manner as may be deemed fit from time to time. (f) To borrow money and to furnish security for loans by mortgage or charge over the Club's assets. (g) To make, draw, give, accept, endorse, and discount cheques, promissory notes, and other negotiable instruments. (h) To guarantee and/or indemnify the contracts and liabilities of others and to give security therefor. (i) To erect, maintain, improve, or alter, any building or buildings, for the purposes of the Club. (j) To give security over the Club's assets by mortgage or other charge for any payment, liability, or indebtedness of the Club. (k) To receive money on deposit. (1) To grant pensions, retiring allowances, superannuation benefits, long service leave, and general benefits to employees (past and present) of the Club by - (a) grants of money, insurance or other aid to them and their dependants and connections. (b) establishing and/or subsidising funds and trusts. (c) medical, housing, recreational and other amenities. (m) To indemnify any person or persons whether members of the Club or not who may incur or have incurred any personal liability for the benefit of the Club and for that purpose to give such person or persons mortgages, charges or other security over the whole or any part of the real or personal property present or future of the Club. (n) To establish, support, or aid in the establishment or support, of associations, funds, trusts, and conveniences, calculated to benefit the members of the Club or the dependants or connections of such members, and to make payments towards insurance for any purpose, and to subscribe or guarantee money for charitable or benevolent objects, or for any exhibition, or for any public, general, or useful object. In the interpretation of this Clause, the meaning of any of the Club's objects shall be construed in such a way as to widen and not to restrict the powers of the Club. LIABILITY 3. The liability of the members is limited. INCOME AND PROPERTY 4. The income and property of the Club shall be applied solely towards the promotion of the objects of the Club, and no portion thereof shall be paid or transferred to a member or any other person PROVIDED THAT this clause shall not prevent the payment in good faith of remuneration to any officer or servant of the Club, or to any other person, in return for any services actually rendered to the Club, nor prevent the payment of interest on money borrowed from any member or other person for any of the purposes of the Club. 5. If any member of the Club pays or receives any sum in contravention of the terms of clause 4 hereof, his liability shall be unlimited. 6. No member shall, by reason of his membership, have any transmissible or assignable interst in any property of the Club. On any member ceasing to be such, all his interests shall survive and belong to the other members for the time being. TRUSTEES 7. All the property, real or personal (except cash which shall be under the control of the Committee) shall be vested in the Trustees of the Club, There shall be not less than two nor more than five Trustees. They shall be elected by the members in general meeting. A Trustee shall hold office until his decease, resignation or removal by general meeting, and in the case of removal it shall not be necessary to state or assign any reason therefor. Any vacancy may be filled at a general meeting. 8. The Trustees shall deal with the real property of the Club as directed by a resolution passed by a majority of the members voting at a general meeting, and they shall deal with the personal property of the Club as directed by a resolution passed by a majority of the Committee voting at a meeting of the Committee. An entry in the appropriate minute book of the passing of any such resolution shall be conclusive evidence that such resolution has been so passed. 9. Upon any sale or mortgage of any of the property of the Club the receipt of the Trustees for the time being of the club shall be a good discharge for any money paid to them in respect of such sale or mortgase and shall exonerate the payer of such money from all responsibility with regard to the application, mis-application or non-application thereof; and it shall not be necessary for the payer (or for the Registrar General) to enquire into the necessity or propriety of any such dealing or whether such persons acting as Trustees were properly appointed as such, or had received the direction of the Club or the Committee ( as the case may be) to sell or mortgage. 10. The Trustees shall be indemnified against risk and expense out of the Club property. 11. The Trustees shall execute a Declaration of Trust to the effect that they hold the property of the Club upon trust for the members thereof in accordance with the Constitution of the Club for the time being in force. WINDING UP OR DISSOLUTION 12. Every member of the Club undertakes to contribute to the assets of the Club in the event of the Club being wound up while he is a member, or within one year afterwards, for payment of the debts and liabilities of the Club contracted before he ceases to be a member, such amount as may be required, not exceeding $2.00. 13, If, upon winding up or dissolution of the Club, there remains after satisfaction of all debts and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club, but shall be given or transferred to some other organisation having objects similar to those of this Club, such organisation to be determined by the members at or before the time of winding up or dissolution, or in default thereof by the President for the time being of the Wireless Institute of Australia. MEMBERSHIP 14. The classes of membership of the Club, and all matters pertaining thereto not herein provided for, shall be such as shall from time to time be prescribed by the general body of members. 15. Every candidate for membership of the Club shall be proposed by one member and seconded by another member of the Club, both of whom shall personally know him and shall be responsible for his eligibility. 16. Applications for membership shall be in writing, in such form as the Committee may from time to time prescribe, and shall be lodged with the Secretary. 17. The election of members shall be by the Committee who shall examine all nominations for membership. The Committee may reject any application for membership without assigning any reason for such rejection. 18. Every person elected to membership shall pay within one month of election the entrance fees and/or annual subscription for the time being in force, and shall be deemed to agree to be bound by the terms of this constitution. LIFE MEMBERS AND HONORARY MEMBERS 19. Upon the recommendation of the Committee, a person who has given distinguished service to the Club of special merit, may be elected at an Annual General Meeting to be a life member, and shall thereafter during his life be entitled to all the priveleges and rights of a member free from liability for the payment of any subsdription or fees of any kind. Such election shall be by secret ballot. 20. Visitors or prominent citizens may, at the discretion of the Committee, be admitted as honorary members of the Club. 21. Honorary members shall not pay entrance fees or subscriptions or be entitled to vote at any meetings of the Club. CESSATION OF MEMBERSHIP 22. A member may resign his membership of the Club at any time by giving written notice to the Secretary, but shall continue to be liable for any moneys payable pursuant to this constitution at the date of his resignation. 23. Any member who shall in the opinion of the Committee, be guilty of any conduct unbecoming of a member or prejudicial to the interest of the club, may be expelled from the Club, or suspended, by resolution passed by a majority of at least two thirds of the members of the Committee. Before any such resolution is passed the member affected shall have an opportunity of giving orally or in writing any explanation or defence he may think fit. REGISTER OF MEMBERS 24. The Secretary shall keep a register of members containing the name in full, address, and occupation of each member, as well as the date of the latest payment by each member of his subscription. ENTRANCE FEES AND ANNUAL SUBSCRIPTIONS 25. The entrance fees, annual subscriptions, and any other charges payable by members, the time and manner of payment thereof, and all other matters pertaining thereto not herein provided for, shall be such as shall from time to time be prescribed by the general body of members. 26. The proportionate part of the annual subscription or fee payable by any new member shall be determined by the Committee at the time of his election. 27. Subscriptions shall become due on the first day of January in each year. 28. If any member shall fail to pay his subscription within one calendar month of the due date, he shall automatically cease to be a member of the Club until such subscription shall have been paid. GENERAL MEETINGS 29. The Annual General Meeting of the Club shall be held in each year in the month of February (or as near thereto as possible as the Committee shall appoint). 30. The Committee may, at any time, call a Special General Meeting of the Club. 31, The Committee shall call a Special General Meeting of the Club on the written requisition of 10 financial members entitled to vote. 32. A General Meeting may not transact any business unless a quorum of at least twenty percent of the financial members entitled to vote are present. 33. Twenty one days notice of any General Meeting shall be given personally or by post to each member and shall be displayed in a conspicuous place in the Club premises. ORDINARY MEETINGS 34. Ordinary Meetings of the Club may be held at any time upon reasonable notice to the members. 35. The purpose of such Ordinary Meetings may be for the conduct of business of the Club, or for project activities, or for any other purpose whatsoever, as may be determined from time to time by the Committee or the members of the Club. VOTING 36. Voting shall be by show of hands, or, if required by any member entitled to vote, by secret ballot. 37. All questions (except as otherwise Provided in this Constitution) shall be decided by the majority of votes. 38. Every member entitled to vote shall have one vote on a show of hands or in a ballot. 39. The Chairman shall be entitled to a second or casting vote in the case of equality of votes. 40. The Committee may at any time authorise proxy voting and prescribe the conditions to apply to such proxy voting. COMMITTEE 41. The management of the Club shall be vested in the Committee, consisting of the following: President Vice-President Treasurer Secretary Publicity Officer Two other members of the Club 42. At any/every Annual General Meeting the members of the Committee shall retire from Office. 44. Nominations for membership of the Committee for election at the Annual General Meeting shall- (a) Be in writing. (b) Be signed by the proposer, seconder, and nominee. (c) Be lodged with the Secretry at least fourteen days before the Annual General Meeting. (d) In the event of no nomination being received for any position, be called for from the floor of the meeting for that position. (Adopted 1/11/92.) (e) The nomination must be accepted by the nominee and seconded using the prescribed nomination form. (Adopted 1/11/92.) 45. Any casual vacancy occurring on the Committee may be filled by the Committee, and the Committee may continue to act notwithstanding any such vacancy. 46. Five members of the Committee shall form a quorum. 47. The Committee shall meet for the transaction of business at times convenient to the members of the Committee and whenever the business of the Club dictates. 48. The Committee may establish Sub-Committees for any purpose, and define their power and duties, and appoint the members thereof, The Committee may also appoint a delegate of the Club to the Wireless Institute of Australia, New South Wales Division, or to any Conference of such Division PROVIDED THAT no member of the Club who is not also an Ordinary Member of the said Division shall be eligible for election as such a delegate. 49. The Committee shall cause proper books of account to be kept, showing the financial transactions of the Club, and shall present to the Club in General Meeting such profit and loss accounts and balance sheets and reports as are required. BY-LAWS 50. The Committee may make by-laws not inconsistent with this Constitution. ALTERATION OF CONSTITUTION 51. Alteration of the Constitution shall not be made unless the proposed alteration be displayed in the Club premises and be notified to each member personally or by post at least twenty one days immediately preceding a Special General Meeting called for the purpose, or an Annual General Meeting, and not less than three-fourths of the members present, or by proxy if so authorised, and entitled to vote at that Meeting are in favour of such alteration. Constitution Amendments and By-Laws Adopted under Sections 50 and 51. Nos 1,2,3 & 4 (adopted 8/10/75) superseded by Nos 5 & 6. 5. MEMBERSHIP: Membership of the Club shall be classified as follows: (a) ORDINARY MEMBER - (i) All existing members as at the date of adoption of the Constitution of the Club on the 15th August 1975; AND - (ii) Any person who is a bona- fide experimenter or who evidences interest in the science of radio communications or electronics and who shall have attained a standard at least equivalent to that required for the issue of the Amateur Operator's Certificate of Proficiency or the Amateur Operator’s Limited Certificate of Proficiency or the Novice Amateur Operator's Certificate of Proficiency or any statutory equivalent thereof and is the holder of a Licence granted for a station in the Amateur Service. (b) ASSOCIATE MEMBER - Any person who is not eligible for membership under the provisions of sub-paragraph (a) hereof, but who, in the opinion of the Committee, is a fit and proper person to be admitted to Associate Membership by reason of an interest in or association with the science of radio communications or electronics. (Adopted 6/11/94. Supersedes items 1, 2, 3 and 4) No 6. MEMBERSHIP - RIGHTS, PRIVILEGES and CONDITIONS. Membership of the Club shall be subject to the following rights, privileges and conditions: (a) ORDINARY MEMBER - Subject to the Constitution and By-Laws an Ordinary Member shall be entitled to participate in all activities of the Club and shall have full rights and privileges of the Club, including the right to vote at any meeting of the Club and the eligibility for election to any Office of the Club. (b) ASSOCIATE MEMBER - Subject to the Constitution and By-Laws an Associate Member shall be entitled to participate in all activities of the Club. (i) Associate Members shall be entitled to vote at any meeting of the Club, and shall be eligible for election to the ORDINARY MEMBER positions on the Club Committee. (Adopted 6/11/94.) (c) PERMANENT MEMBERS shall have all the rights, privileges and responsibilities under the Constitution that his qualifications and situation would otherwise entitle him to. (d) PERMANENT MEMBERSHIP shall continue for the duration of the life of the member unless previously terminated in accordance with the Constitution. (Adopted 12/2/1988.) (e) PERMANENT MEMBER - i. Upon the recommendation of the Committee, a person who meets the requirements to be an ordinary Member or to be an Associate Member and who has paid the Fee currently applicable, may become a Permanent Member of the Club. ii The Fee for Permanent Membership shall be prescribed from time to time by the general body of members. (Adopted 12/2/1988.) No 7. VOTING - Ordinary and Associate Members shall have the right to vote at any meeting of the Club. (Adopted 6/11/94). No 8. MEETING PROCEDURE. - Subject to the Club Constitution, "JOSKE'S LAW AND PROCEDURE AT MEETINGS IN AUSTRALIA" is adopted for the conduct of meetings held by the Club. (Adopted 5/8/1984.) No 9. FEES. - Membership Fees, as prescribed by the general body of members on 6/11/1994 shall be as follows :- (i) All Members shall pay a fee of $20 per annum as follows - $10 to General Funds, $5 to the Repeater Funds and $5 to the Packet Funds. (ii) Where a family contains more than one Club member, all resident at the one address, and there is only one income earner in that family then a concessional fee of 50% of the individual fee in sub-para (i) above (rounded to the nearest dollar) shall apply to each additional member in that family. Only one "Newsletter" will be sent to the family address. No 10. FEES - The pro-rata fees for persons joining throughout the year to be left at the discretion of the Committee. (i) Pro-rata fees set at the Committee Meeting held on the 18/12/1997 are - Persons joining in January $20 July $8 February $18 August $6 March $16 September $4 April $14 October $2 May $12 November $20 (Includes June $10 December $20 following year.) No 11. FEES - Permanent Members. (i) The Fee for a Permanent Member shall be TEN times the Ordinary Member fee PLUS TEN DOLLARS. (ii) A Permanent Member shall not be entitled to a refund of any part of the fee paid under any circumstances.