[committee] Legislative Requirements - Proposed Constitutional Changes

[james.arcus64 at gmail.com]

Hi committee,

 

I have recently been inspecting the new constitutional requirements as per
the Associations Incorporation Act 2015. The new act is required to be
complied with by 30 June 2019, so this AGM is high time to deal with the
last remaining incompatibilities.

 

Here are my proposed amendments:

 

1.	In section 2, delete "Associations Incorporation Act 1987" and
substitute "Associations Incorporation Act 2015".
2.	Insert in section 6 before "3. All members must comply." the
following:

"3. A subscription shall expire at the commencement of the Annual General
Meeting in the year subsequent to its payment.

"4. A person becomes a member upon the receipt of a valid membership
application by the Secretary and the receipt of any subscription fees by the
Club.

"5. Any member may resign from the Club by providing written notification to
the Secretary. If that member is a member of the Committee, the notification
must be provided at least fourteen days before the resignation takes effect.

"6. Membership of the club continues indefinitely until resigned or ceasing
due to non-payment of a subscription, unless provided elsewhere in this
Constitution."; and

                Renumber clause 6.3 to 6.7.

3.	In clause 9.3, delete "Only students at The University of Western
Australia who are" and substitute "Only members of the Club who are students
at The University of Western Australia and are".
4.	Insert at the end of section 9, "7. Members may be elected to and
hold at most one position on the Committee."
5.	In section 10, delete  "The members of the Committee shall remain in
office" and substitute "The members of the Committee shall commence office
at the close of the meeting at which they are elected and remain in office".
6.	Insert in section 17 before "3. Election" the following:

"3. Cessation of Membership

"              The Committee shall declare vacant the position of any member
of the Committee if that person ceases to be a member of the Club for any
reason.

"4. Acceptance of Other Positions

"              The Committee shall declare vacant the existing position of
any member of the Committee who is elected to another Committee position
that is not a temporary role."; and

                Renumber clause 17.3 to 17.5.

 

And rationale:

 

1.	Reflecting legislation change.
2.	The new Act contains a legislative requirement to clearly define
when a person becomes and ceases to be a member of a Club.
3.	Currently, Fresher Rep and OCMs must be members of the club, yet the
same requirement is not written into the clause covering the Executive.
4.	Codification of existing practise.
5.	There is a legislative requirement to specify both the start and end
dates of the term of the Committee.

 

Where legislation requires additions to the constitution, I have tried to
preserve the existing practise of the club. I am more than open to wording
and functional changes to these, provided that the legislative requirements
remain met.

 

Cheers,

 

James [MPT]
UCC Committee Member

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