RULES OF THE NEW
(incorporating
amendments made on or before 21 April 2004)
The name of the
association shall be the New South Wales Kendo Association Incorporated
(referred to in these rules as "the Association").
The objects of
the Association shall be to:
(a)
promote interest in kendo, especially within the
State of
(b)
promote goods fellowship amongst those interested in
kendo;
(c)
educate, train and coach members of the Association
in kendo;
(d)
arrange kendo championships within the said State;
(e)
support the aims, objects, interests and activities
of the Australian Kendo Renmei within the said State; and
(f)
do all such things and acts conducive to the
furtherance of the objects and interests of the Association.
(1) Subject to
these rules the members of the Association shall be comprised of the members of
the Association immediately prior to incorporation together with such other
individuals as the Executive Committee admits to membership.
(2) Membership of
the Association is open to all individuals interested in kendo who accept the
objects and rules of the Association and are members of an affiliated club.
(3) An individual
wishing to become a member of the Association shall apply to the Executive
Committee and the Executive Committee shall determine whether or not to accept
the application. The Executive Committee is not required to supply reasons for
accepting or rejecting an application for membership.
(4) A register of
members shall be kept by the Secretary showing the name, address and date on
which membership commenced for each member. The register shall also make
provision for noting the date of the cessation of membership.
(5) Subject to
any resolution of the Association in general meeting, the levels of membership
fees shall be set by the Executive Committee and may be linked to any criteria
thought appropriate. Membership fees shall fall due on the first day of July of
each year.
(6) A person
shall cease to be a member upon:
(a)
resignation;
(b)
failure to pay outstanding membership fees within
one month of the due date; or
(c)
expulsion by a special resolution.
The members of
the Association shall have no liability to contribute towards the payment of
debts and liabilities of the Association or the costs, charges and expenses of
the winding up of the Association except to the amount of any unpaid membership
fees.
The Association
may only expel a member by a special resolution.
A. Affiliated
Clubs
(1) The
Association may by special resolution grant affiliation to any Kendo, Iaido,
Jodo club which:
(a) regularly
conducts kendo training sessions in
(b) accepts the
objects of the Association; and
(c) undertakes to
comply with clause (5) of this rule.
(2) The Albury,
Central Coast Kendo Club, the Kingscliff Kendo Club, the Newcastle University
Kendo Club, the Sakura Bana Dojo (Milton), the Sydney Kendo Club, the
Wollongong Kendo Club, Han Rim Won Kumdo Club, Moo Do Kwan Kumdo Club, University
of NSW Kendo Club, Crookwell Kendo Club, Sydney Iaido, Seidokan and Suigetsu
club shall be regarded as having been granted affiliation under clause (1) of
this rule on the date this rule was inserted into these rules.
(3) If an
affiliated club does not comply with clause (5) of this rule, the Association
may by special resolution revoke the affiliation of that club.
(4) The
Association in general meeting may adopt a policy specifying the circumstances
in which affiliated clubs must refuse to allow persons who are not members of
the Association to participate in training sessions, seminars and competitions
organised by or under the control of the affiliated clubs.
(5) If the
Association in general meeting adopts such a policy all affiliated clubs, must
comply with the policy.
(1) There shall
be' the following office bearers of the Association who shall constitute the
Executive Committee of the Association:
(a) the President;
(b) the Vice
President;
(c) the
Secretary; and
(d) the
Treasurer.
(2) The office
bearers shall be elected of every second annual general meeting of the
Association with casual vacancies being filled by election at the first general
meeting held after the casual vacancy arises.
(3) Upon
incorporation, the office bearers of the Association immediately prior to
incorporation shall continue as the office bearers of the Association as if
they had been elected under these rules.
(4) If a casual
vacancy arises in a position other than that of President, the remaining office
bearers may appoint a person to act in the position for which there is the
casual vacancy for the period until the next general meeting. A person
appointed to act in the position of
an office bearer shall have the powers and responsibilities of that office
bearer and shall be a member of the Executive Committee.
(5) Subject to
clause (6) of this rule, the office bearers shall hold office until the next
annual general meeting.
(6) An office
bearer ceases to hold office upon:
(a) removal by a
special resolution;
(b) cessation of
membership of the Association; or
(c) resignation
in writing to the Secretary, or in the case of the Secretary, to the President.
(7) Subject to
these rules, the management and. control of the Association is vested in the
Executive Committee. The Executive Committee shall not, however, act contrary
to a resolution of the Association in general meeting and the Association in
general meeting may override a decision of the Executive Committee.
(8) Providing
reasonable notice of the meeting has been given to the other office bearers,
three office bearers constitute a quorum for a meeting of the Executive
Committee.
(9) The President
shall be primarily responsible for arranging the activities of the Association.
(10) The Vice
President shall:
(a) assist the
President;
(b) assume the
responsibilities of the President in the absence of the President; and
(c) act as
President for the period until the next general meeting, if a casual vacancy
arises in the position of President, and while acting as President shall have
the powers and responsibilities of the President.
(11) The
Secretary shall:
(a) assist the
President;
(b) assume the
responsibilities of the President in the absence of the President;
(c) maintain the
register of members referred to in clause 3(4) of these rules;
(d) keep the
common seal, documents and securities of the Association; and
(e) keep copies
of these rules and records of the business of the Association including minutes
of all general meetings and meetings of the executive committee and a file of
correspondence.
(12) The
Treasurer shall:
(a) receive and
pay into one of the accounts referred to in clause 9(l) of these rules all
moneys belonging to the Association;
(b) make all
payments for the Association;
(c) keep
sufficient financial records as to allow easy assessment of the Association's
financial position:
(d) keep the
other office bearers apprised of the financial position of the Association; and
(e) present to
that annual general meeting a statement which gives a true and fair account of
the Association's income and expenditure during its last financial year and its
assets and liabilities and any mortgages, charges or other securities over the
property of the Association at the end of its last financial year and similar
details in respect of any trust of which the Association was a trustee during
any part of its last financial year.
(1) The Executive
Committee shall appoint a member who is a resident of the State of
(2) If the
Secretary is not disqualified and the Executive Committee has not appointed
another person to be the Public Officer within fourteen days of the date of the
most recent annual general meeting, the Secretary shall be deemed to
have been appointed the Public Officer from the date of the most recent annual
general meeting.
(3) The person
who completed the application for incorporation of the Association shall be
deemed to have been appointed the Public Officer for the period of three months
from the date of incorporation.
(4) The Public
Officer shall be deemed to have vacated the position if he or she:
(a) ceases to be
a member;
(b) resigns in
writing to the Secretary;
(c) is removed or replaced by
the Executive Committee;
(d) becomes
bankrupt, applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors, compounds with his or her creditors or makes an assignment
of his or her remuneration for their benefit;
(e) becomes a
temporary patient, a continued treatment patient, a protected person or an
incapable person within the meaning of the Mental Health Act, 1958, or a person
under detention under Part VII of that Act; or;
(f) ceases to be
a resident of the State New South Wales.
(5) if a vacancy
occurs in the position of Public Officer, the Executive committee shall within
14 days:
(a) notify the
Department of Business and Consumer Affairs in the prescribed form of the
vacancy; and
(b) appoint a new
Public Officer.
(6) The Public
Officer shall notify the Department of Business and Consumer Affairs in the
prescribed forms of:
(a) his or her
own appointment, within 14 days;
(b) a change in
his or her residential address, within 14 days;
(c) a change in
the name, rules or objects of the Association, within 1 month;
(d) a change in
the membership of the Executive Committee, within 14 days; and
(e) the
Association's income and expenditure during its last financial year and its
assets and liabilities, any mortgages, charges or other securities over the
property of the Association at the end of its last financial year and similar
details in respect of any trust of which the Association was a trustee during
any part of its last financial year, within 1 month of the date of the annual
general meeting.
A. Technical
Committee
(1) The
Association shall have a Technical Committee.
(2) The Technical
Committee shall consist of five members chosen from among the members of the
Association who have been awarded kendo grades of third dan (san-dan) or
higher.
(3) The members
of the Technical Committee shall be elected of every second annual general
meeting with casual vacancies being filled by election at the first general
meeting after the casual vacancy arises.
(4) The members
of the Technical Committee at the date this rule was inserted into these rules
shall continue as if they had been elected to the Technical Committee at the annual
general meeting held in 1990.
(5) A person
elected to the Technical Committee shall cease to be a member of
that committee
upon:
(a) removal by a
special resolution;
(b) cessation of
membership of the Association; or
(c) resignation in writing to
the Secretary.
(6) The Technical
Committee shall have a chairman chosen by the members of that committee from
among the members of that committee.
(7) Provided
reasonable notice of the meeting has been given to the other members of the
committee, three members constitute a quorum for a meeting of the Technical
Committee.
(8) The Technical
Committee shall be generally responsible for kendo technical matters and shall:
(a) control the
conduct all kendo gradings organised by the Association;
(b) determine the
recognition to be given to kendo, grades awarded by bodies other than the
Association and the Australian Kendo Renmei;
(c) control the
conduct of all kendo seminars and training sessions organised directly by the
Association;
(d) set the rules
to be used at all kendo competitions and championships arranged by the
Association;
(e) prepare
guidelines on training methods or other technical matters, if it is considered
desirable to do so; and
(f) advise on all
technical questions referred to it by the Executive Committee or an affiliated
kendo club.
(1) General
meetings shall be called and presided over by the President.
(2) If at least
21 days prior to the date set for a general meeting notice of that general
meeting is sent by ordinary prepaid post to the secretaries of all affiliated
clubs, sufficient notice of that general meeting shall be deemed to have been
given to the members of the Association.
(2A) If a
secretary of an affiliated club receives a notice of a general meeting that
secretary shall ensure that announcements giving the date, time, place and
general subject matter of the general meeting are made at the earliest
opportunity at training session organised by that affiliated club. So long as
the requirements of clause (2) of this rule are satisfied, failure by any
secretary of an affiliated club to ensure that suitable announcements are made
is not a reason for regarding a general meeting as having been called
incorrectly or improperly.
(3) Eight members
of the Association shall constitute a quorum for a general meeting.
(4) Member may
only vote at a general meeting in person or by proxy appointed in accordance
with clause (4A) of this rule. Subject to clause (4b) of this rule, each member
may cast one vote for himself or herself and one vote for each member who is
not present for whom he or she is acting as proxy.
(a) Subject to
clause (4b) of this rule, a member may appoint any other member to act as his
or her proxy at a general meeting. An appointment of a proxy is not effective
unless it is in writing in a form approved by the Executive Committee and is
delivered to the President or the person who will be presiding at the meeting
prior to the commencement of the meeting.
(b) At a general
meeting, a member may not act as proxy for more than four other members. If a
member is appointed to act as proxy for more than four other members, the
member may only exercise one vote for himself or herself and four other votes.
(c) Apart from
motions proposed for special resolutions, all questions shall be resolved by a
simply majority of votes cast by members in accordance with clauses (4) and
(4b) of this rule. The person presiding at a general meeting shall only vote in
the event of a vote being tied.
(5) The annual
general meeting shall be held during the months of June, July or August of each
year.
(1) Accounts in
the name of the Association shall be maintained with banks and/or other
financial institutions and all moneys received by the office bearers on behalf
of the Association shall be paid into one of these accounts.
(2) All banks and
financial institutions with which the Association maintains accounts shall be
instructed that no cheque drawn against one of these accounts may be honoured
unless it is signed by at least two of the office bearers and no moneys may be
withdrawn unless the withdrawal form is signed by at least two of the office
bearers.
(3) The funds of
the Association shall be derived from membership fees, donations, grants, the
sale of goods and such other sources as are approved by the Association in
general meeting.
(4) The
Association shall acquire and maintain insurance cover as is required by the
Associations Incorporation Act 1984 together with any other insurance cover
which is required by law or regarded as necessary by the Association in general
meeting.
(5) The common
seal of the Association shall be kept in the custody of the Secretary and shall
only be affixed to a document with the approval of the Executive Committee and
in the presence of at least two office bearers who shall sign their names and
print their names and positions underneath the seal.
(6) The
Association in general meeting may by special resolution at any time determine
in accordance with section 53 of the Associations Incorporation Act 1984 how
any surplus property is to be distributed in the event that the Association is
wound up.
(7) Upon a
request from a member, the Executive Committee shall make the books and records
of the Association available for inspection free of charge at a reasonably
convenient time and place.
(8) The name,
objects or rules of the Association may be amended by special resolution.
(9) In these
rules a "special resolution" means a resolution of the Association in
general meeting passed by a majority which comprises not less than three
quarters of the members voting where at least twenty one days' written notice
specifying the intention to propose the resolution as a special resolution was
given to the Secretary.
(10) The financial
year of the Association shall commence on 1st May and finish on 30th April of
the following year.