Proposal:Minor amendments to the rules to comply with new Act

From Wikimedia Australia
Jump to: navigation, search
This page is a proposal being developed by our members.  The proposal was moved by Lankiveil and seconded by Markhurd. If you are not a member of the organisation, you may request an account on this wiki using special:RequestAccount, and discuss this proposal on the discussion page.


This is a proposal to place an item on the agenda of the next Annual General Meeting (AGM) to modify the rules of the association to make minor amendments to the Rules as requested by Consumer Affairs Victoria (CAV) to comply with the new act.

Background

The association's rules are based upon the "model rules" provided by Consumer Affairs Victoria (CAV) at the time of the association’s incorporation. Successive changes have been by members to the rules since that time.

The legislation that governs incorporated associations in Victoria has changed as a result of the passing of the Associations Incorporation Reform Act 2012, which replaces the earlier Associations Incorporation Act 1981. At the 2012 AGM, members approved a number of changes to bring the rules of the association into alignment with the requirements of the new act. These changes were accepted by CAV, but CAV have also requested that we make further changes to our rules in order to comply with the act.

The changes are minor in nature, and involve:

  1. Altering Rule 2(1) to specify that the word "Act" now means the "Associations Incorporation Reform Act 2012" rather than the "Associations Incorporation Act 1981", and;
  2. Altering Rule 30(1) to specify that removal of a committee member can be achieved only through the passing of a special resolution at a General Meeting, as specified in section 78(2)(b) of the new act.

As a consequence of altering the definition of the word "Act", the following sections of the Rules must also be updated:

  1. Rule 9(3)(d) contains a reference to section 30(3) of the old act, which is replaced by part 7 of the new act, and;
  2. Rule 20(3) refers to section 23 of the old act.

Resolution

It is proposed to include the following motion at the next Annual General Meeting or Special General Meeting:

That the rules of the Association are amended as follows:
  • The text of Rule 2(1) is amended to replace the words "Associations Incorporation Act 1981" with the words "Associations Incorporation Reform Act 2012.
  • The text of rule 9(3) is amended to replace the words "to receive and consider the statement submitted by the Association in accordance with section 30(3) of the Act" with "to receive and consider the statement submitted by the Association in accordance with part 7 of the Act".
  • The text of Rule 20(3) is amended to replace the words "Subject to section 23 of the Act" with "Subject to section 23 of the Act, the committee shall consist of" with "The committee shall consist of".
  • The text of Rule 30(1) is amended to replace the words "by resolution" with the words "by special resolution".

As this motion involves a change to the rules, a 75% majority would need to vote in favour of it at a General Meeting in order for the rule change to take effect.

Notes

Supporting this proposal should not necessarily be interpreted as supporting the motion; this proposal is merely to place the motion on the agenda for the AGM.