The Dobermann Club of NSW Inc.

Affiliated with DOGS NSW and National Dobermann Council (Australia)

Constitution

CONSTITUTION OF THE DOBERMANN CLUB OF NSW INC.

DATED 4 February 2021

1. There is hereby constituted a Canine Club with a Constitution and membership as herein

provided which is herein called “the Association”.

2. The name of the Association shall be THE DOBERMANN CLUB OF NSW INC

3. DEFINITIONS

Act refers to the Associations Incorporation Act (NSW) 2009

ANKC Ltd Australian National Kennel Council Limited

Application for membership: includes application for re-admission to

membership

Association (The) means The Dobermann Club of NSW Inc

Authorised

Signatories

means the Public Officer, President, Secretary and Treasurer of the

Association.

Body means where the context reasonably admits, a Club, Agricultural or

other Society or Association, Company or Group of persons.

Constitution means the Constitution for the time being of the Association.

Director-General means:

(a) the Commissioner, NSW Fair Trading, Department of Finance

and Services.

(b) if there is no such position in the Department, the Director-

General of the Department

DOGS NSW means the Royal New South Wales Canine Council Ltd

Dual Member means one of any two members of the one family resident at the

same address or one of any two of the persons who are partners in

the conduct of a kennel having a kennel prefix in their joint names

registered with DOGS NSW who has been admitted with the other of

such persons as a Dual Member of the Association.

Exhibition includes a show, canine exhibition, canine parade, canine

competition, canine display, retrieving trial, gundog utility field

trial, gundog obedience trial, obedience trial, tracking trial, agility

trial, contest, match, competitive dog sports or any other ANKC

approved discipline.

Family member means any one of several members of one family resident at the

same address.

Financial member means a member of the Association who shall not be in default in

the payment of his or her annual subscription or any fees or other

monies payable by him or her in accordance with the Constitution.

Un-financial member shall have the opposite meaning.

Financial Year means the financial year of the Association which shall commence

on the 1st day of July each year and terminate on the 30th day of

June the following year.

Honorary Member

or Honorary Life

Member

means a person who is not a member, who upon the

recommendation of the Committee or upon a written nomination

signed by not less than five Members is elected by a resolution

passed in General Meeting by a majority of not less than threefourths

of the Members voting in person thereat as an Honorary

Member for life or for such lesser period as may be so determined

and who in the opinion of such Meeting has rendered outstanding

services to the Canine Fancy or to the Association or for other good

and sufficient reason and who need not comply with the provisions

of Rule 7.

Junior Member means a person over the age of twelve years and under the age of

sixteen years who has been admitted as a member of the

Association.

Life Member means a Member who has been admitted to the Association as a

member for life, whether upon payment of a subscription or without

payment of a subscription as may be determined by the Members

from time to time.

Member means a person who has been admitted to the Association as an

Ordinary or Dual or Family or Life member of the Association and

where the context otherwise so admits, shall include a person

admitted to any other category of membership.

Member of the

Committee

where the context so admits shall be deemed to include the Office

Bearers.

Objects means the Objects as required by DOGS NSW in Rule 4.

Office means the Office of the Association, and shall be a place as

determined from time to time at which the records of the

Association are to be kept.

Office Bearers means the President, the Vice-President, Treasurer and Secretary

for the time being of the Association.

Official Address means the residential residence of the Public Officer or Secretary.

Period of

Membership

in relation to a member, denotes the twelve months terminating at

midnight on the 30th day of June each year for which such member

is for the time being elected to membership of the Association or

such portion of that term during which his membership continues.

Person where the context reasonably permits, includes an individual, a firm

or partnership, a company or corporation, or any other legal entity.

Public Officer means the person who is appointed as the Association’s public

officer and until he is replaced by a person so appointed, includes

the person who is nominated as the Association’s public officer in

the Association’s application for registration.

Regulations means the Associations Incorporation Regulations 2009.

Rule means a provision of the Constitution and where the context so

admits, includes a paragraph or sub-paragraph thereof.

Secretary (a means the Honorary Secretary or Secretary of the Association,

and where the context reasonably permits, includes the

Assistant Secretary and any other person for the time being

appointed by the Committee to exercise the functions of the

Secretary

(b) if no such person holds that office - the public officer of the

association.

a). Words used in the Constitution and Regulations where the context reasonably permits

shall have the same meaning as the definition thereof, as set forth in the Constitution

and Regulations of DOGS NSW.

b). All other provisions where the context reasonably permits shall have the same meaning

as set forth in Associations Incorporation Act (NSW) 2009 and any Regulations made

under that Act.

c). Words importing the male gender shall, where the context reasonably permits, include

the female and neuter gender and the singular number shall include the plural number.

d). In this constitution:

(i) a reference to a function includes a reference to a power, authority and duty, and

(ii) a reference to the exercise of a function includes, if the function is a duty, a

reference to the performance of the duty.

e). The provisions of the Interpretation Act 1987 apply to and in respect of this constitution

in the same manner as those provisions would so apply if this constitution were an

instrument made under the Act.

OBJECTS

4. The objects of the Association are:

(a) to affiliate with DOGS NSW;

(b) to promote and encourage the breeding of pure bred dogs;

(d) to promote and encourage the holding and conduct of canine exhibitions, shows,

competitive trials and dog sports;

(e) to foster, promote and protect the interests of exhibitors of dogs at exhibitions and

shows;

(f) to collect, verify and publish information relating to dogs and the breeding and

exhibition of dogs;

(g) to educate and encourage members, breeders and judges to abide by the

requirements and standards approved by DOGS NSW for the conduct of exhibitions

and shows:

(h) to promote good fellowship and sportsmanship amongst members and those

participating in or attending at exhibitions and shows;

(i) to inform members of and make known to them the laws and regulations of the State

relating to the ownership and care of dogs, and the responsibility of owners for the

conduct and actions of their dogs;

(j) to hold functions and lectures relating to dogs and to the objects of the Association

generally;

(k) to make awards and donate prizes for competition at exhibitions and shows and for

the competition by breeders and exhibitors of dogs;

(l) to foster relations with other Associations and bodies having similar aims;

(m) to promote and assist and to make contributions to canine veterinary research and

other worthy canine causes;

Writing includes printing, facsimiles and emails and any other like

recognised means of communication or of reproducing words in

visible form.

(n) to invest the funds of the Association not immediately required in such manner as the

Members shall determine;

(o) to carry on such other activities or promote or encourage interest in the breeding,

upkeep and training of and the general well-being and improvement of all breeds of

dogs and to do all such other things as may be necessary or conducive to carrying out

the objects of the Association.

AFFILIATION WITH DOGS NSW

5. The Members by a resolution passed in General Meeting by a majority of not less than

three-fourths of the Members voting in person thereat may direct the Committee to apply

for affiliation with DOGS NSW.

6. So long as the Association is an Affiliate of DOGS NSW, every member whether a member of

DOGS NSW or not, shall be deemed to have agreed with DOGS NSW to be bound by the

Rules and Regulations of DOGS NSW for the time being in force and at all times to submit

to and carry out every determination, finding, decision, requirement or direction of DOGS

NSW so far as the same shall relate to him.

MEMBERSHIP QUALIFICATION

7. The membership of the Association shall be ;

Not less than 10 financial members having the right to vote at General meetings of

the Association providing that at all times each of those 10 financial members are;

(a) a financial member of Dogs NSW or another State member Body; and

(b) the owner of a specimen of the breed registered on an ANKC Ltd National

8. A person is qualified for membership of the Association if accepted under Rule 15.

CLASSIFICATION OF MEMBERS

9. Membership of the Association shall be divided into the following categories: (delete any

of those below which do not apply)

(a) Member;

(b) Dual Member;

(d) Honorary Member;

(e) Honorary Life Member;

(f) Junior Member;

(g) Family Member;

and every person elected to membership shall be and be deemed for all purposes to have

agreed to be bound by the Constitution, Rules and Regulations for the time being in force

of DOGS NSW and of the Association.

10. A roll of members shall be kept by the Association and shall contain the name and address

and the date of admission to and the category of membership of each member.

11. The roll of members shall be made available by the Secretary for inspection by a Member

at a General Meeting or at any reasonable time by arrangement with the Secretary.

12. If a member requests that any information contained on the register about the member

(other than the member’s name) not be available for inspection that information must not

be made available for inspection.

13. A member must not use information about a person obtained from the register to contact

or send material to the person, other than for:

(a) the purposes of sending the person a newsletter, a notice in respect of a meeting or

other event relating to the Association or other material relating to the Association,

in their capacity as a committee member, or

(b) any other purpose necessary to comply with a requirement of the Act or the

Regulation.

APPLICATION FOR MEMBERSHIP

14. A nomination of a person for membership of the Association:

(a) must be made by two (2) members of the Association in writing on a form approved

by the Committee, and

(b) must be lodged with the secretary of the Association.

15. As soon as practicable after receiving a nomination for membership, the secretary must

refer the nomination to the first General Meeting of Members next succeeding its receipt,

and if such applicant is approved by a resolution passed by a three-fourths majority of

Members voting in person thereat, the applicant shall thereupon become a member of the

Association, provided that he shall pay within fourteen days of the date of such meeting

such entrance fee and subscription in respect of his category and period of membership or

part thereof, as shall be determined by the Members from time to time.

16. Vacant

17. As soon as practicable after the General Meeting makes that determination, the secretary

must notify the nominee, in writing, that the General Meeting approved or rejected the

nomination (whichever is applicable).

18. The secretary must, on payment by the nominee of the amounts referred to in Rule 15

within the period referred to in that provision, enter or cause to be entered the nominee’s

name in the register of members and, on the name being so entered, the nominee

becomes a member of the Association. Upon the satisfactory completion of the foregoing

the Secretary will ensure that each new member receives a copy of the current

Association’s Constitution as amended.

19. A member may prior to the 30th day of June in each year, make application to the

committee for re-admission as a member to his category of membership and upon payment

of his annual subscription with such application shall be deemed for all purposes to have

been re-elected as such a member.

20. A person elected to membership after the 31st day of December in any year upon payment

of one-half of the prescribed annual subscription, applicable to the category of

membership to which he is elected, shall be deemed to be a financial member for the

remainder of the financial year.

TERMINATION OF PERIOD OF MEMBERSHIP

21. A Member shall cease to be a Member of the Association:

(a) Upon the termination of his period of membership (whether by expiry or otherwise)

unless he shall be re-admitted pursuant to Rule 19 as a member of the Association for

a further period of membership;

(b) If he resigns by notice in writing addressed to the Secretary;

creditors or be convicted of a felony or misdemeanour;

(d) If he becomes of unsound mind or a person whose personal estate is liable to be

dealt with in any way under the law relating to mental health;

(e) If his annual subscription for the forthcoming financial year has not been paid within

two (2) months after the fee is due;

(f) If pursuant to the Constitution, he shall be expelled from the Association;

(g) If he is convicted of any offence relating to cruelty to animals or on indictment for

an offence committed at an exhibition or of an offence committed at an exhibition,

show or trial.

MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE

22. A right, privilege or obligation which a person has by reason of being a member of the

Association:

(a) is not capable of being transferred or transmitted to another person, and

(b) terminates on cessation of the person’s membership.

FEES

23. The members in General Meeting at any time and from time to time may fix the amount of

the annual subscription payable by each category of membership and may in like manner

determine that an entrance fee shall be paid and the amount thereof.

PRIVILEGES OF MEMBERSHIP

24. Subject to the restrictions and limitations prescribed by or pursuant to the Constitution,

the privileges of a Member shall be:

(a) the right to attend and vote at all General Meetings of the Association;

(b) to submit himself as a candidate for any Office of the Association;

(d) to exhibit at any exhibition or show conducted by the Association and compete for

prizes (including trophies) available for members of the Association.

25. A Junior Member or Honorary Member shall not be entitled to vote or to take part in the

proceedings of a General Meeting and shall not be eligible to hold office, but shall be

entitled to exercise all other privileges of membership.

MEMBERS LIABILITIES

26. The liability of a member of the Association to contribute towards the payment of the

debts and liabilities of the Association or to the costs, charges and expenses of the winding

up of the Association is limited to the amount, if any, unpaid by the member in respect of

membership of the Association as required by Rule 23.

CONDUCT OF MEMBERS

27. A Member of the Association shall strictly observe and act in conformity with the

Constitution of the Association and of DOGS NSW and will uphold the honour of and use his

best endeavours to further the Objects of the Association.

RESOLUTION OF DISPUTES

28. A dispute between a member and another member (in their capacity as members) of the

Association, or a dispute between a member or members and the Association, are to be

referred to a community justice centre for mediation under the Community Justice

Centres Act 1983.

29. If a dispute is not resolved by mediation within 3 months of the referral to a community

justice centre, the dispute is to be referred to arbitration.

30. The Commercial Arbitration Act 1984 applies to any such dispute referred to arbitration.

DISCIPLINING OF MEMBERS

31. A complaint may be made to the committee by any person that a member of the

Association:

(a) has refused or neglected to comply with a provision or provisions of this constitution,

(b) has wilfully acted in a manner prejudicial to the interests of the Association.

32. The committee may refuse to deal with a complaint if it considers the complaint to be

trivial or vexatious in nature.

33. If the committee decides to deal with the complaint, the committee:

(a) must cause notice of the complaint to be served on the member concerned, and

(b) must give the member at least 14 days from the time the notice is served within

which to make submissions to the committee in connection with the complaint, and

with the complaint.

34. The committee may, by resolution, expel the member from the Association or suspend the

member from membership of the Association if, after considering the complaint and any

submissions made in connection with the complaint, it is satisfied that the facts alleged in

the complaint have been proved and the expulsion or suspension is warranted in the

circumstances.

35. If the committee expels or suspends a member, the secretary must, within 7 days after the

action is taken, cause written notice to be given to the member of the action taken, of the

reasons given by the committee for having taken that action and of the member’s right of

appeal under Rule 37.

36. The expulsion or suspension does not take effect:

(a) until the expiration of the period within which the member is entitled to appeal

against the resolution concerned, or

(b) if within that period the member exercises the right of appeal, unless and until the

Association confirms the resolution under Rule 41 whichever is the later.

RIGHT OF APPEAL OF DISCIPLINED MEMBER

37. A member may appeal to the Association in general meeting against a resolution of the

committee under Rule 34 within 7 days after notice of the resolution is served on the

member, by lodging with the secretary a notice to that effect.

38. The notice may, but need not, be accompanied by a statement of the grounds on which the

member intends to rely for the purposes of the appeal.

39. On receipt of a notice from a member under Rule 37, the secretary must notify the

committee which is to convene a general meeting of the Association to be held within 28

days after the date on which the secretary received the notice.

40. At a general meeting of the Association convened under Rule 39:

(a) no business other than the question of the appeal is to be transacted, and

(b) the committee and the member must be given the opportunity to state their

respective cases orally or in writing, or both, and

confirmed or revoked.

41. If at the General Meeting the Association passes by at least three quarters of members

present, entitled to vote, a special resolution in favour of the confirmation of the

resolution, the resolution is confirmed.

42. Any member so dealt with will have the right to appeal to the DOGS NSW Board of

Directors.

THE COMMITTEE

Constitution of the Committee

43. The committee shall consist of at least four (4) members each of whom is aged 18 years or

more and are to be residents of the State of New South Wales, comprising:

(a) Office Bearers:

(i) President, for the time being of the Association, who, unless otherwise

determined by the members, shall not hold office for more than three years in

succession;

(ii) Vice President;

(iii) Treasurer;

(iv) Secretary; and

(b) Up to five ordinary committee members.

44. There is no maximum number of consecutive terms for which a Committee member or the

Vice President, Secretary or Treasurer may hold office.

45. Office bearers must be a Member or Associate Member of DOGS NSW.

Functions of the Committee

46. The Committee:

(a) is subject to the Act and to any resolution passed by the Association in General

Meeting

(b) will control and manage the affairs of the Association

those functions that are required by the Constitution to be exercised by a general

meeting of Members of the Association

(d) has the power to perform or delegate all such acts and do all such things as appear

to the Committee to be necessary or desirable for the proper management of the

affairs of the Association.

(e) Notwithstanding the foregoing, the Members in General Meeting by resolution

passed; may overrule a decision of the Committee, except a decision of the

Committee to pay any account payable by the Association, or by a resolution passed

by a simple majority of the Members voting in person thereat may instruct the

Committee in the light of objections expressed by any Member to any such decision

to review the decisions at its next meeting and make its further recommendation to

the Members at the next General Meeting thereof.

Election or appointment of Committee members

47. The Committee (including Office Bearers) shall be elected annually at the Annual General

Meeting of the Association and shall take office at the close of the Annual General Meeting

at which they are elected pursuant to Rule 120.

Terms of Office of Committee members

48. The term of office shall be for a period of 12 months until the conclusion of the Annual

General Meeting following the date of the Member’s election, but that member is eligible

for re-election for a further 12 month term.

49. Within 14 days after vacating office, a former committee member of an Association must

ensure that all documents or other property in his possession that belong to the Association

are delivered to the Public Officer for delivery to his successor. Failure to do so may

constitute an offence under the Act.

Grounds on which or reasons for which the office of Committee members is to

become vacant

50. In the event of a casual vacancy occurring, the Committee may appoint a member of the

Association to fill the vacancy and the Member so appointed shall hold office, subject to

this Constitution, until the conclusion of the next Annual General Meeting.

51. Resignations from committee members must be in writing.

52. In the event of a committee member failing to attend three (3) consecutive meetings

without leave of the Committee, that Member shall cease to be a Member of the

Committee and if an Office Bearer shall cease to hold his office.

Meetings procedure and Quorum of the Committee

53. Meetings of the Committee shall be held at such place and at such time as the Committee

from time to time determines.

54. The Secretary shall call a meeting of the Committee whenever requested to do so by the

President or any member of the Committee.

55. Oral or written notice of a meeting of the Committee shall be given by the Secretary to

each Member of the Committee at least 48 hours (or such other period as may be agreed

upon by a majority of the members of the committee) before the time appointed for

holding the meeting.

56. Notice of a meeting given under Rule 53 shall specify the general nature of the business to

be transacted at the meeting and no business other than that business shall be transacted,

except business which the committee members present at the meeting unanimously agree

to treat as urgent business.

57. The quorum of the Committee shall be not less than one-half of the Members of the

Committee present.

58. No business shall be transacted unless a quorum is present and if within 30 minutes of the

time appointed for the meeting a quorum is not present, the meeting stands adjourned.

59. A committee meeting may be held at two (2) or more venues using any technology that

gives each of the committee members a reasonable opportunity to participate. A

committee member who participates in a committee meeting using that technology is

taken to be present at the meeting and, if the member votes at the meeting, is taken to

have voted in person.

60. The Secretary or his representative shall attend all meetings of the Committee. The

Minutes of such meetings, signed by the chairman, shall be accepted as sufficient evidence

of the proceedings of such meeting.

61. Questions arising at a meeting of the Committee shall be determined by a majority of the

votes of the Committee.

62. The President, or in his absence, the Vice President, or a member of the Committee

elected by the members present in person, shall be the chairman of a meeting of the

Committee.

63. A Member of the Committee shall not vote in respect of any contract or proposed contract

with the Association in which he is interested or in respect of any matter arising from that

and if he does vote, his vote shall not be counted.

64. All acts done by any meeting of the Committee or of a Sub-Committee thereof or of a Sub-

Committee appointed by the Members or by any person acting as a Member of the

Committee or of a Sub-Committee notwithstanding that it is afterwards discovered that

there was some defect in the appointment of the Committee or of a Sub-Committee or any

person acting as aforesaid, or that the Members of the Committee or any of them or of a

Sub-Committee were disqualified shall be as valid as if any such person had been

appointed and was qualified to be a Member of the Committee or of such Sub-Committee.

65. A Resolution in writing signed by all Members of the Committee for the time being entitled

to receive notice of a meeting of the Committee shall be as valid and effectual as if it had

been passed at a meeting of the Committee duly held and convened. Any such Resolution

may consist of several documents in like form each signed by one or more Members of the

Committee.

Delegation by Committee to Sub-committee

66. On the recommendation of the Committee or upon a motion of a Member, the Members in

General Meeting may at any time and from time to time appoint a Sub-Committee from

amongst the Members of the Committee or the Members for such purpose and with

authority to exercise such powers and duties as the Committee in its discretion may

recommend and the Members thereof shall hold office during the pleasure of the Members.

67. The Members as aforesaid may by resolution remove from Office a Member of a Sub-

Committee and may in like manner appoint another eligible person in his stead.

68. The quorum for a Sub-Committee shall be such number thereof as shall be determined by

the Members at the time of its election who may in like manner appoint a Chairman

thereof provided that if a Chairman is not so appointed or is absent or unwilling to act, the

Members of the Sub-Committee shall appoint one of their number to be Chairman.

69. Any such Sub-Committee may be empowered to exercise the powers and duties committed

to it for a term extending beyond the term of office of the Committee recommending it,

provided that such extended term is ratified by the Members in General meeting.

70. Subject to the consent of the Members any such Sub-Committee may co-opt additional

Members to assist in its duties.

71. A function the exercise of which has been delegated to a sub-committee under this Rule

may, while the delegation remains unrevoked, be exercised from time to time by the subcommittee

in accordance with the terms of the delegation.

72. A delegation under this Rule may be made subject to such conditions or limitations as to

the exercise of any function, or as to time or circumstances, as may be specified in the

instrument of delegation.

73. Despite any delegation under this Rule, the committee may continue to exercise any

function delegated.

74. Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation

under this Rule has the same force and effect as it would have if it had been done or

suffered by the committee.

75. The committee may, by instrument in writing, revoke wholly or in part any delegation

under this Rule.

76. A sub-committee may meet and adjourn as it thinks proper.

Voting and Decisions

77. Questions arising at a meeting of the committee or of any sub-committee appointed by the

committee are to be determined by a majority of the votes of members of the committee

or sub-committee present at the meeting.

78. Each member present at a meeting of the committee or of any sub-committee appointed

by the committee (including the person presiding at the meeting) is entitled to one vote

but, in the event of an equality of votes on any question, the person presiding may

exercise a second or casting vote.

79. Subject to Rule 58, the committee may act despite any vacancy on the committee.

80. Any act or thing done or suffered, or purporting to have been done or suffered, by the

committee or by a sub-committee appointed by the committee, is valid and effectual

despite any defect that may afterwards be discovered in the appointment or qualification

of any member of the committee or sub-committee.

Election of Officer Bearers and Committee

81. The Office Bearers and the Members of the Committee shall be elected annually at the

Annual General Meeting and shall take office at the close of the Annual General Meeting at

which they are elected.

82. Nomination of Members proposed as Office Bearers or as Members of the Committee shall

be made in writing to the Secretary at least 21 days before the date of the Annual General

Meeting and shall be signed by at least one Member and the nominee.

83. Vacant

84. Vacant

85. If insufficient nominations are received to fill all vacancies on the Committee, the

candidates nominated shall be deemed elected and further nominations shall be received

at the Annual General Meeting.

86. If insufficient further nominations are received any vacant positions remaining on the

Committee, shall be deemed to be casual vacancies.

87. If the number of nominations received is equal to the number of vacancies to be filled, the

persons nominated shall be deemed to be elected.

88. If the number of nominations received exceeds the number of vacancies to be filled, a

ballot shall be held.

89. The ballot for the election of office-bearers and ordinary members of the Committee shall

be conducted at the Annual General Meeting in such usual and proper manner as the

Committee may direct.

90. If there be not a nomination for the Office of President or Vice-President, or if a Member

nominated for such office declares at the Annual General Meeting verbally or in writing

that he is unwilling to stand for that Office, or if the number of Members required for

election as Members of the Committee are not nominated, the members may propose and

second orally at the Annual General Meeting, sufficient Members to fill any such Office.

91. If there be more than the required number of Members nominated for the election to any

office, an election by ballot shall take place, but if there be only the requisite number, the

Chairman shall declare those nominated to be duly elected.

92. The Association may hold a postal or electronic ballot, as the committee determines, to

determine any issue or proposal including the election of Office Bearers and Committee

members.

93. A postal or electronic ballot is to be conducted in accordance with Schedule 3 to the

Regulation.

94. The committee shall appoint a Returning Officer, who shall not be an Office Bearer or

committee member, to conduct the postal or electronic ballot.

95. Vacant

96. Vacant

97. The Returning Officer shall provide a statement to the committee immediately after the

close of voting detailing the results of the election including the number of votes polled by

each candidate. The Chairman will present this statement to the Annual General meeting.

In the event of an equality of votes in favour of any candidate which could affect the

election of a candidate, the Members at the Annual General Meeting shall elect one of such

candidates to fill the vacancy for which he was nominated by a Resolution passed by a

simple majority of Members present and voting thereon.

98. If any question shall arise as to the validity or invalidity of a voting paper, or whether any

particular Member has or has not been elected to any particular Office, a statement by the

Returning Officer that the relevant voting paper is or is not valid or that a particular

Member has or has not been elected to a particular Office shall be conclusive.

Removal of a Member of the Committee

99. Members in a General Meeting may by resolution remove a Member of the Committee from

the office of Member before the expiration of the Member’s term of office and may by

resolution appoint another person to hold office until the expiration of the term of office

of the Member so removed.

100. Where a Member of the Committee to whom a proposed resolution referred to in Rule 99

relates makes representations in writing to the President, or the Vice President, if the

resolution refers to the President (not exceeding reasonable length) and requests that the

representations be notified to members of the Association, the President or Vice President

may send a copy of the representations to each member of the Association or, if they are

not sent, the member is entitled to require that the representations be read out at a

meeting at which the resolution is considered.

Duties of Secretary

101. The Secretary of the Association shall exercise and perform all usual secretarial functions

and in particular:

(a) must, as soon as practicable after being appointed as secretary, lodge notice with

the Association of his or her address.

(b) It is the duty of the secretary to keep minutes of:

(i) all appointments of office-bearers and members of the committee, and

(ii) the names of members of the committee present at a committee meeting or a

general meeting, and

(iii) all proceedings at committee meetings and general meetings.

meeting or by the chairperson of the next succeeding meeting.

(d) Maintain the Register of Members

(e) Ensure that copies of all required documentation is provided to the Public Officer for

official reporting under the Act

(f) a complete record of awards made at all exhibitions and shows conducted by the

Association.

(g) a register of the persons who are appointed by the Members as Judges;

Duties of Treasurer

102. The Treasurer shall ensure that:

(a) all payments authorised by the Association are made; and

(b) correct books and accounts are kept showing the financial affairs of the Association,

including full details of all receipts and expenditure connected with the activities of

the Association.

(d) financial records are prepared according to Australian Accounting Standards.

(e) financial records are audited according to Australian Auditing Standards

(f) a summary in the approved form of the Association’s financial affairs, financial

statements, and auditor’s report for the previous financial year is provided to the

Public Officer for lodgement with the Director-General within one month following

the Annual General Meeting.

(g) all money due to the Association is collected and received.

(h) funds of the Association are managed in accordance with Rules 162, 163, 164 and

165.

APPOINTMENT OF PUBLIC OFFICER

103. The Association must appoint a Public Officer.

104. The Public Officer must be a person who is aged 18 years or more and is ordinarily resident

in New South Wales.

105. The position of Public Officer may, but need not be, held by a Committee Member.

106. The Public Officer’s acts are valid despite any defect in his appointment.

107. Within 28 days after taking office as the Association’s Public Officer, that person must

notify the Director General in the approved form of:

(a) person’s full name and date of birth; and

(b) the person’s address at which the person can generally be found; and

108. If there is any change in the address of the Public Officer of the Association, the Public

Officer must notify the Director-General in the approved form, of the new address, within

28 days after the change occurs.

VACANCY OF PUBLIC OFFICER

109. An Association’s Public Officer vacates office in the following circumstances:

(a) if he dies;

(b) if he resigns the office in writing addressed to the Association’s Committee;

(d) if he becomes bankrupt, applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors, compounds with his creditors or makes an assignment

of his remuneration for their benefit;

(e) if he becomes a mentally incapacitated person;

(f) if he ceases to ordinarily reside in New South Wales;

(g) in such other circumstances as the Constitution of the Association may provide.

110. Within 14 days after vacating office, a former public officer of the Association must

ensure that all documents in his or her possession that belong to the Association are

delivered to a Committee member of the Association.

111. The Association’s Committee must fill any vacancy in the office of Public Officer within 28

days after the vacancy arises.

112. An Association must keep a register of committee members in accordance with this

section.

113. The register must contain the following particulars in relation to each committee member:

(a) the committee member’s name, date of birth and residential address,

(b) the date on which the committee member takes office,

(d) such other particulars as may be prescribed by the regulations.

114. The register must be kept in New South Wales:

(a) at the main premises of the Association, or

(b) if the Association has no premises, at the Association’s official address.

115. Any change in the committee’s membership must be recorded in the register within one

month after the change occurs.

116. The register must, at all reasonable hours, be kept available for inspection, free of charge,

by any person.

MEETINGS

Annual General Meetings - holding of

117. The Association must hold its first annual general meeting within 18 months after its

registration under the Act.

118. The Association must hold its annual general meetings:

(a) within 4 months after the close of the Association’s financial year, or

(b) within such later time as may be allowed by the Director-General or prescribed by

the Regulation.

Annual General Meetings - calling of and business at

119. The annual general meeting of the Association is, subject to the Act and to Rule 118, to be

convened on such date and at such place and time as the committee thinks fit.

120. In addition to any other business which may be transacted at an annual general meeting,

the business of an annual general meeting is to include the following:

(a) to confirm the minutes of the last preceding annual general meeting and of any

special general meeting held since that meeting,

(b) to receive from the committee reports on the activities of the Association during the

last preceding financial year,

(d) to receive and consider any financial statement or report required to be submitted to

members under the Act.

(e) to appoint an Auditor;

(f) to transact any other business written notice of which shall have been given to the

Members at least seven days prior to the date of such meeting.

121. An annual general meeting must be specified as such in the notice convening it and it may

be held at two or more venues using any technology approved by the committee that gives

each of the Association’s members a reasonable opportunity to participate. A member of

the Association who participates in an annual general meeting using that technology is

taken to be present at the meeting and, if the member votes at the meeting, is taken to

have voted in person.

Special General Meetings - calling of

122. A special General Meeting shall be convened by the Secretary at the direction of the

President or of the Committee or on the written request of five Members.

123. The committee must, on the requisition in writing of at least 10 per cent of the total

number of members, convene a special general meeting of the Association.

124. A requisition of members for a special general meeting:

(a) must state the purpose or purposes of the meeting, and

(b) must be signed by the members making the requisition, and

(d) may consist of several documents in a similar form, each signed by one or more of

the members making the requisition.

125. If the committee fails to convene a special general meeting to be held within 1 month

after that date on which a requisition of members for the meeting is lodged with the

secretary, any one or more of the members who made the requisition may convene a

special general meeting to be held not later than 3 months after that date.

126. A special general meeting convened by a member or members as referred to in Rule 125

must be convened as nearly as is practicable in the same manner as general meetings are

convened by the committee.

General Meeting of Members

127. An ordinary General Meeting of the Association shall be held upon such day and at such

time and at such place as the Members at their preceding meeting shall determine or if not

so determined as shall be convened pursuant to the Constitution.

128. The business of an ordinary General Meeting shall be:

(a) to note apologies for non-attendance;

(b) to confirm the Minutes of the preceding ordinary General Meeting;

(d) to receive the reports of the Committee, the Secretary and the Treasurer and any

other such reports as may be required to be given;

(e) to receive the reports of Sub-Committees;

(f) to elect new Members;

(g) to consider and deal with business deferred from the previous meeting;

(h) to consider and deal with motions of which due notice has been given;

(i) to consider and deal with correspondence received since the previous General

Meeting;

(j) to receive notices of motions;

(k) to consider and deal with motions of which notice has not been given;

(l) to hear through the Chairman’s answers to questions from Members and where

appropriate, to deal with the subject matter thereof;

129. Except if the nature of the business proposed to be dealt with at a general meeting

requires a special resolution of the Association, the secretary must, at least seven days

before the date fixed for the holding of the general meeting, give a notice to each

member specifying the place, date and time of the meeting and the nature of the business

proposed to be transacted at the meeting. The signature to any such notice may be

written, stamped, impressed, typed or printed. Every such Meeting shall commence not

later than 8.00 p.m.

130. If the nature of the business proposed to be dealt with at a general meeting requires a

special resolution of the Association, the secretary must, at least 21 days before the date

fixed for the holding of the general meeting, cause notice to be given to each member

specifying, in addition to the matter required under Rule 129, the intention to propose the

resolution as a special resolution.

131. No business other than that specified in the notice convening a general meeting is to be

transacted at the meeting except, in the case of an annual general meeting, business

which may be transacted under Rule 120.

132. A member desiring to bring any business before a general meeting may give notice in

writing of that business to the secretary who must include that business in the next notice

calling a general meeting given after receipt of the notice from the member.

133. Notice of a General Meeting shall be deemed to have been given to each Member if it is

published in the Association’s Newsletter or Journal provided that such publication is made

and despatched to the Members at least 14 days prior to such meeting. Provided that with

the sanction of a General Meeting one notice containing the particulars required by Rule

129 in respect of each General Meeting to be held during the Financial Year may be sent

within the time aforesaid to the Members in the month of July each year or at such other

time of the Financial Year in respect of future General Meetings in that year as a General

Meeting may direct. Provided further that a copy of a notice of a motion received in

writing from a Member shall be sent by the Secretary to each Member within the time

aforesaid of the General Meeting at which the same is to be dealt with. A notice sent to

one of a Dual Membership shall be deemed for all purposes to have been notice given to

each of such Members.

134. The accidental omission to give notice to a Member or if a Member shall fail to receive a

notice sent as aforesaid, shall not invalidate a General Meeting.

135. A general meeting or a special general meeting may be held at two or more venues using

any technology approved by the committee that gives each of the association’s members a

reasonable opportunity to participate. A member of the association who participates in a

general meeting or special general meeting using that technology is taken to be present at

the meeting and, if that member votes at the meeting, is taken to have voted in person.

Quorum for General Meetings

136. No item of business is to be transacted at a general meeting unless a quorum of members

entitled under this constitution to vote is present during the time the meeting is

considering that item.

137. Five members present (being members entitled under this constitution to vote at a general

meeting) constitute a quorum for the transaction of the business of a general meeting.

138. If within half an hour after the appointed time for the commencement of a general

meeting a quorum is not present, the meeting:

(a) if convened on the requisition of members, is to be dissolved, and

(b) in any other case, is to stand adjourned to the same day in the following week at the

same time and (unless another place is specified at the time of the adjournment by

the person presiding at the meeting or communicated by written notice to members

given before the day to which the meeting is adjourned) at the same place.

139. If at the adjourned meeting a quorum is not present within half an hour after the time

appointed for the commencement of the meeting, the members present (being at least 3)

are to constitute a quorum.

Presiding Member

140. The president or, in the president’s absence, the vice-president, is to preside as

chairperson at each general meeting of the Association.

141. If the president and the vice-president are absent or unwilling to act, the members present

must elect one of their number to preside as chairperson at the meeting.

Adjournment

142. The chairperson of a general meeting at which a quorum is present may, with the consent

of the majority of members present at the meeting, adjourn the meeting from time to

time and place to place, but no business is to be transacted at an adjourned meeting other

than the business left unfinished at the meeting at which the adjournment took place.

143. If a general meeting is adjourned for 14 days or more, the secretary must give written or

oral notice of the adjourned meeting to each member of the Association stating the place,

date and time of the meeting and the nature of the business to be transacted at the

meeting.

144. Except as provided in Rules 142 and 143, notice of an adjournment of a general meeting or

of the business to be transacted at an adjourned meeting is not required to be given.

145. If at a General Meeting or at a Committee or Sub-Committee meeting a quorum shall not

be present after the lapse of fifteen minutes from the appointed time thereof, the Meeting

shall thereupon lapse.

146. A General Meeting of Members or a meeting of Members of a Committee or of a Sub-

Committee shall have the power to adjourn its proceedings from time to time for any

period not exceeding at any one time, one month.

Making of Decisions

147. A question arising at a general meeting of the Association is to be determined by either:

(a) a show of hands, or

(b) if on the motion of the chairperson or if 5 or more members present at the meeting

decide that the question should be determined by a written ballot—a written ballot.

148. If the question is to be determined by a show of hands, a declaration by the chairperson

that a resolution has, on a show of hands, been carried or carried unanimously or carried

by a particular majority or lost, or an entry to that effect in the minute book of the

Association, is evidence of the fact without proof of the number or proportion of the votes

recorded in favour of or against that resolution.

149. If the question is to be determined by a written ballot, the ballot is to be conducted in

accordance with the directions of the chairperson.

Voting

150. On any question arising at a general meeting of the Association a member has one vote

only.

151. In the case of an equality of votes on a question at a general meeting, the chairperson of

the meeting is entitled to exercise a second or casting vote.

152. A member is not entitled to vote at any general meeting of the Association unless all

money due and payable by the member to the Association has been paid.

153. A member is not entitled to vote at any general meeting of the Association if the member

is under 18 years of age.

154. At meetings of Members or of the Committee or of a Sub-Committee the mode of voting

shall in the first instance be by a show of hands, or if required by any Member by an actual

division or by ballot and the Chairman shall have an ordinary and in the case of equality

also a casting vote and all questions shall be decided by the majority of votes of the

Members voting in person at any such meeting provided that on a resolution relating to the

election of the Office Bearers or of the Members of the Committee or relating to the

expulsion of Members, the foregoing shall not apply and in lieu thereof votes shall be taken

in accordance with the relevant Rules of the Constitution.

Proxy Votes not permitted

155. Proxy voting must not be undertaken at or in respect of a general meeting.

PROCEDURE AT MEETINGS

156. The Chairman of a General Meeting or of the Committee or of a Sub-Committee:

(a) shall conduct the meeting in accordance with the Rules governing any such meeting

and with the law and accepted practice relating thereof;

(b) shall make himself familiar with such Rules and the law and accepted practice

relating thereof;

that the meeting at all times conforms thereto and shall administer the same fairly

and impartially;

(d) shall at all times endeavour to be concise in his statements to the meeting and be

fair when summing up points at issue or as have been or are the subject of debate

and to speak clearly so as to be heard by the Members;

(e) provided that a quorum is then present or if not, then as soon as a quorum is present

within the allowed time, shall declare the meeting open at the hour appointed;

(f) if a quorum is not present as aforesaid, or if during the meeting there shall cease to

be a quorum, shall adjourn the meeting or declare that it has lapsed as may be

required by the Rules or Regulations;

(g) shall introduce the items of business in the order set out in the notice convening the

meeting or as prescribed by the Rules and shall not change such order without the

approval of a resolution of the Members present pursuant to a motion specifying the

change required in such order;

(h) shall close the meeting promptly at the completion of the business to be

transacted thereat, or unless the Members shall otherwise determine, at the time

appointed;

(i) shall not be entitled to take the Chair upon his late arrival at a meeting if some

other person has been elected Chairman, due to his absence unless such Chairman as

an act of courtesy, resigns from such position;

(j) shall not be required to accept a motion of no confidence in the Chair or that the

Chairman leave the Chair provided that, except when the President is in the Chair, a

Member may move that a Member who shall be named and who shall consent thereto

take the Chair for the meeting, and if carried, the Chairman shall forthwith vacate

the Chair and such Member shall become the Chairman for the remainder of the

meeting; a Member may propose or second himself as Chairman and may vote for

himself;

(k) shall call upon a Member by his name to speak and shall alone determine the order of

speakers;

(l) shall not permit discussion of any subject matter unless there is a motion thereon

before the meeting and shall forthwith terminate all irrelevant discussion;

(m) shall ensure that the decision of the meeting is properly ascertained in respect of any

question before it and subject to the Rules shall give to the Members sufficient

opportunity to express their opposing views;

(n) shall determine whether a motion or an amendment thereof falls within the terms of

the notice of the meeting or of a written Notice of Motion, and shall not rule out of

order a Motion which is within the competence of the meeting when all the

conditions incidental to the submission of the matter to the meeting have been

observed;

(o) if a poll is demanded may determine the time and manner of taking it and if it is not

possible to take such poll during the course of the meeting, may adjourn the meeting

for such purpose and may order a poll to be taken although the meeting desires

voting by a show of hands;

(p) shall enter or cause to be entered in the Minute Book the result of a poll and such

entry shall be prima facie evidence of the result thereof;

(q) where the voting is by show of hands, may require another vote although he has

previously declared the result.

157. A Member present at a meeting:

(a) shall not address a meeting without first being called upon so to do by the Chairman;

(b) desirous of moving a motion or an amendment to a motion or of taking part in

discussion shall rise and when called upon to speak shall address the meeting through

the Chairman;

addressing the meeting;

(d) shall resume his seat immediately upon the conclusion of his remarks or if the

Chairman rises or proceeds to speak or when called upon by the Chairman so to do;

(e) shall not discuss or challenge a decision of the Chairman on a point of order and shall

not move a motion of disagreement with, or which would have the effect of altering

any such decision;

(f) shall not interrupt a speaker unless moving a motion on a point of order whereupon

the speaker shall resume his seat whilst the Member so moving is heard and the point

of order determined whereupon if the decision is in his favour, the speaker may

proceed with his subject;

(g) may at any time rise and address the Chairman on a point of order, but shall at once

state so and confine his remarks to the point of order raised; a point of order shall be

taken immediately it is raised;

(h) shall not speak more than once on a motion, except the mover thereof.

(i) Motions shall be moved in the order in which the notices thereof have been received

and shall not be proceeded with in the absence of the Member giving such notice

unless he has authorised some other Member to move it on his behalf.

(j) A motion may be moved or seconded by the Chairman or by a Member.

(k) Upon a motion being moved and seconded, the Chairman shall allow debate thereon

as prescribed by the Rules and at the close of such debate shall put the motion to the

meeting.

(l) Shall become a resolution of the meeting and recorded accordingly.

(m) The mover or seconder of a motion may not move or second an amendment to it, but

shall be entitled to speak upon any amendment and to vote in favour of it.

(n) When notice of a motion has been given in writing, an amendment thereto shall not

be moved unless notice of such amendment has been given in writing. Provided that

the meeting by a resolution passed by a simple majority of the Members voting in

person thereat may consent to a motion of amendment moved verbally at the

meeting.

(o) A motion for amendment shall not be accepted by the Chairman which is or tends to

be or would have the effect of being a negative of the motion intended to be

amended.

(p) A second or subsequent motion of amendment to an original motion shall not be

moved until the previous motion of amendment has been dealt with by the meeting.

(q) If a motion or subsequent motions for amendment shall be carried, the original

motion as amended shall then be debated and thereafter put to the vote of the

Members.

(r) The mover of a motion of amendment shall not have the right to reply after the

debate thereon.

(s) A motion for amendment shall be put to the meeting before the original motion is

put.

(t) Motions for amendment shall be taken in the order in which they affect the terms of

the original motion, and an amendment shall not be allowed in respect of those parts

of the original motion which have already been carried.

(u) Except when another Member is speaking, a Member who has not moved or seconded

or spoken on a motion then before the meeting or on a proposed amendment

thereto, may move at any time that the meeting proceed to the next business and

such motion shall not be amended but shall be immediately put to the vote without

speech or discussion. If carried the matter then before the meeting shall be disposed

of for that meeting and the meeting shall proceed to the next business. If not

carried, the meeting shall deal with the original motion provided that a Member as

aforesaid may again move a similar motion. The business so shelved may be brought

up again at another meeting on due notice being given in accordance with the Rules.

158. Subject always to the Constitution, Members In General Meeting by resolution passed by a

simple majority and voting in person may make regulations and may from time to time

amend such Rules by variation, deletion or addition as they shall think fit in respect of:

(a) nominations of Members;

(b) the conducting of ballots;

(d) the granting of awards and prizes at such Shows or exhibitions;

(e) the manner and procedure dealing with protests and objections made at Shows or

exhibitions;

(f) Meetings of Members and of Committees;

(g) the publication of a Newsletter or Journal.

159. The Rules shall be read and construed subject to the provisions for the time being of the

Constitution and of the Rules of the DOGS NSW.

MISCELLANEOUS

Insurance

160. The Association may effect and maintain insurance.

Funds - Source

161. The funds of the Association are to be derived from entrance fees and annual subscriptions

of members, donations, interest and, subject to any resolution passed by the Association in

general meeting, such other sources as the committee determines.

162. All money received by the Association must be deposited as soon as practicable and

without deduction to the credit of the Association’s bank or other authorised deposittaking

institution account.

163. The Association may if required, as soon as practicable after receiving any money, issue an

appropriate receipt.

Funds - Management

164. Subject to any resolution passed by the Association in general meeting, the funds of the

Association are to be used in pursuance of the objects of the Association in such manner as

the committee determines.

165. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments

must be signed by any two of the President, the Secretary or the Treasurer.

Show Secretary

166. The Members may appoint a Show Secretary and his duties shall be determined by the

Members in General Meeting. Provided that the Show Secretary shall keep in lieu of the

Secretary the Register and records requested to be kept pursuant to Rules 101 (f) and (g)

respectively.

Publicity Officer

167. The Members may appoint a Publicity Officer who shall adopt the editorial policy of DOGS

NSW and his duties shall be determined by the Members in General Meeting.

Audit and Auditor

168. The Members at the Annual General Meeting shall appoint each year a duly qualified

Auditor to be the Auditor of the Association and a person so appointed shall hold that

office until the next Annual General Meeting. A casual vacancy occurring in the position of

Auditor shall be filled by the Committee.

169. Notice of the nomination of any person other than a Retiring Auditor for appointment as

Auditor shall be given to the Members not less than fourteen days before the Annual

General Meeting at which the appointment of Auditor is to be made.

170. A person shall not be appointed or act as Auditor of the Association:

(a) if he is not a registered Auditor as defined by the Companies Act, 1961, of the State

of New South Wales;

(b) if he is an Office Bearer or a Member of the Committee or a Member of the

Association.

Patron

171. The Members at the Annual General Meeting may elect until otherwise determined by

them not more than two persons to be Patrons of the Association who shall hold that

Office until the close of the next succeeding Annual General Meeting. A Patron shall be

entitled to attend a General Meeting of the Association and by invitation of the President

to address the Members thereat, but unless he is a Member he shall not be entitled to

enter into debate on any matter before the meeting or vote thereat.

Association Journal

172. The Members in General Meeting by a resolution passed by a simple majority of those

voting in person thereat may authorise the publication of an Association Journal under

such name and subject to such terms and conditions and containing such subject matters

as the Members may determine as aforesaid from time to time.

Shows

173. The Association may conduct from time to time (either alone or in conjunction with

another Association or Body) in accordance with the Rules and Regulations for the time

being in force of DOGS NSW, exhibitions and shows.

Judges

174. The Members in General Meeting by a resolution passed by a simple majority of those

voting in person thereat shall elect Judges from amongst the persons for the time being

enrolled on the Judges’ Panels kept or who may be approved of by DOGS NSW who may

be invited to officiate as such at exhibitions or shows conducted as aforesaid. At least

one month’s notice shall be given to the Members of the intention to elect Judges at such

General Meetings and the notice shall specify the Shows for which such Judges are to be

appointed.

Change of Name, Objects and Constitution

175. An application to the Director-General for registration of a change in the Association’s

name, objects or constitution in accordance with section 10 of the Act is to be made by

the public officer or a committee member.

Alterations to Constitution

176. An amendment of or an addition to the Rules shall not be made except by a special

resolution passed at a General Meeting by a majority of not less than three-fourths of the

Members voting in person thereat.

177. Notice of a proposed amendment of or addition to the Rules shall be posted by the

Secretary to each Member in accordance with Rule 130.

178. An amendment to any such proposal (except to the wording and not the substance thereof)

shall not be entertained unless notice thereof shall have been given in writing to the

Secretary at least fourteen days before such meeting and the consent of DOGS NSW as

aforesaid is first obtained to such amendment. The Secretary shall give notice to each

Member of any such amendment forthwith upon receipt of such consent.

Custody of Books etc

179. Except as otherwise provided by this constitution, the public officer must keep in his or

her custody or under his or her control all records, books and other documents relating to

the Association.

Inspection of Books etc

180. The following documents must be open to inspection, free of charge, by a member of the

Association at any reasonable hour:

(a) records, books and other financial documents of the Association,

(b) this constitution,

181. A member of the Association may obtain a copy of any of the documents referred to in Rule

180 on payment of a fee of not more than $1 for each page copied.

Lodgement of Documents

182. The Public Officer must lodge the following documents with the Director General:

(a) a summary in the approved form of the Association’s financial affairs for the previous

financial year;

(i) the Association’s financial statements for that year

(ii) the auditor’s report for those statements

(iii) a document setting out the terms of any resolution passed at the Association’s

annual general meeting in connection with the documents referred to in Rule

182 (i) and (ii) above.

(b) the documents must be lodged within one (1) month of the annual general meeting

of the current financial year;

(i) the prescribed fee must be paid

(ii) the documents are taken not to be lodged if the prescribed fee is not paid

183. A member of the Association may obtain a copy of any of the documents referred to in Rule

182 on payment of a fee of not more than $1 for each page copied.

Execution of Documents

184. The Association may execute a document without using a common seal if the document is

signed by two (2) of its authorised signatories.

Service of Notices

185. For the purpose of this constitution, a notice may be served on or given to a person:

(a) by delivering it to the person personally, or

(b) by sending it by pre-paid post to the address of the person, or

person for giving or serving the notice.

186. For the purpose of this constitution, a notice is taken, unless the contrary is proved, to

have been given or served:

(a) in the case of a notice given or served personally, on the date on which it is

received by the addressee, and

(b) in the case of a notice sent by pre-paid post, on the date when it would have been

delivered in the ordinary course of post, and

was sent or, if the machine from which the transmission was sent produces a report

indicating that the notice was sent on a later date, on that date.

Financial Year

187. The financial year of the Association is:

(a) the period of time commencing on the date of incorporation of the Association and

ending on the following 30 June, and

(b) each period of 12 months after the expiration of the previous financial year of the

Association, commencing on 1 July and ending on the following 30 June.

Trustees

188. The Members in General Meeting shall appoint not less than three Trustees and until

otherwise determined, the President, Secretary and Treasurer for the time being in office

shall be the Trustees and shall hold all property of the Association real and personal on

behalf of the Members. A trustee in like manner may be removed at any time and from

time and another person appointed in his stead.

Property

189. The property assets and income of the Association whencesoever derived shall be applied

towards the promotion of the objects of the Association and no portion thereof shall be

paid or transferred either directly or indirectly by way of dividend bonus or otherwise by

way of profit to Members of the Association provided however that nothing herein

contained shall prevent the payment in good faith of any remuneration to an Officer or

employee of the Association or to a Member in return for services actually rendered nor

prevent the payment of interest on monies borrowed by the Association from any Member

nor prevent the giving or presentation of prizes, trophies or prize money at an exhibition

or show conducted by the Association or at a recognised show conducted by another

Association or body.

Winding Up

190. If for any reason the Association cannot continue to function as an Association under the

Act, it shall be wound up according to the provisions of the Act and as an Affiliate of DOGS

NSW; it shall make application to DOGS NSW for permission to wind up in accordance with

the Regulations of DOGS NSW for the time being in force.

END