Constitution of AMAHOF

AUSTRALASIAN MARTIAL ARTS HALL OF FAME (INC)

(Approved 17 August, 2012)

 

1. NAME OF ASSOCIATION

The name of the Association shall be the AUSTRALASIAN MARTIAL ARTS HALL OF FAME (INC) (hereinafter called “the Association”).

 

2. PURPOSE

  1. To recognise and reward the outstanding service of martial artists of all styles in the pursuit of excellence in the way of Budo.
  2. To encourage, promote, develop, extend and supervise martial arts throughout Australasia;
  3. To co-ordinate and generally direct the activities of the Association.
  4. To liaise and advise Government bodies on Industry matters and legislation.

 

3. OBJECTS

The objects of the Association shall be:

  1. To co-ordinate and generally direct the activities of the Association.
  2. To liaise and advise Government bodies on issues relating to the development of martial arts in Australasia.
  3. Encourage and foster:
  4. High ethical standards in business, professions and sport;
  5. The application of Budo by each member to his personal, business and community life;
  6. The advancement of international understanding, goodwill and peace through a world fellowship of business, professional and sporting persons united in the pursuit of excellence in the way of Budo.
  7. To foster excellence in teaching all forms of martial arts in Australasia;
  8. To foster regular and effective exchanges between Association, and other affiliated organisations throughout the world;
  9. To preserve its records and memorabilia.

 

4. POWERS

For the purpose of achieving or furthering these objects the Association shall have power –

a.       The Executive Committee has the power to appoint suitable Patrons;

  1. To purchase, sell, hold, lease, lend or rent real or personal property;

c.       To borrow, raise or secure the payment of money to secure the repayment or performance of any debt, liability, contract or guarantee incurred or to be entered into by the Association;

d.       To enter into any arrangements with any government or local government authority or instrumentality;

e.       To employ, hire or engage managers, clerks, secretaries, workmen, curators, coaches or other persons;

f.        To invest the monies of the Association;

g.       To make gifts or give prizes;

h.       To amalgamate or associate with any other Hall of Fame Association or sporting association; and

i.        To do any such things as are incidental or conducive to the objects of the Association.

 

5. INTERPRETATION

a.       In these rules, unless the contrary intention appears “Bylaws” means a list of rules and guidelines on general matters relating to the Association to be formulated by the Committee.

b.       A reference to the male gender in these rules shall not, unless the contrary intention appears, be taken to exclude a reference to the female gender.

c.       In these rules, expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, and any other modes of representing or reproducing words in a visible form.

 

6        EXECUTIVE COMMITTEE

  1. The Executive Committee shall be:
  2. President
  3. Vice President
  4. Secretary
  5. Treasurer

 

  1. OFFICERS
  2. The Officers of the Association shall be :
  3. President
  4. Vice President
  5. Secretary
  6. Treasurer
  7. Four Committee member

b        All officers will be elected at the Annual General Meeting. If no nominations are received, or a vacancy occurs between AGM’s, the Management Committee may appoint a member to the vacant position until the next AGM.

 

  1. MANAGEMENT COMMITTEE

The Management Committee shall consist of the Officers of the Association.

  1. The Management Committee shall be the Administrative body of the AMAHOF;
  2. The President shall be a member and Chairman of the Management Committee;
  3. Committee members are elected for a four year term with half of the committee standing down every two years except the President and Vice President where the following rule applies:

The Vice President will be elected every two years and will automatically take over the position of President for the last two years of his tenure, at which time the President will retire from his position.

  1. The Management committee shall be responsible for the initiation of policy, modification and upkeep of By-laws.
  2. The Committee will meet not less than once per year.
  3. The quorum shall be four (4)
  4. The committee shall have the power to form sub-committees.
  5. The committee shall decide resolutions by a numerical majority of members voting or where there is an equality of voting the President shall have a casting vote.
  6. Any Committee member may resign from membership at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that date. Or a member may be removed at an Annual general Meeting of the Association where that member shall be given the opportunity to fully present their case. The question of removal shall be determined by a vote of members present at such a General Meeting.

 

9.       SOKESHIP COUNCIL

a.       The Sokeship Council shall consist of senior technical members of the Association nominated by members and elected at the Annual General Meeting.

b.       The Sokeship Council shall consist of:

  1. Chairman
  2. Vice Chairman
  3. Three Members

iv     AMAHOF President

c.       Members of Sokeship Council to be appointed as per the Bye-laws.

  1. The Sokeship Council shall have the responsibility for the investigation, ratification and recommendation of awards towards promotion to the Executive, or any other task as directed by the AMAHOF Management Committee.

 

10. MEMBERSHIP

  1. Membership will consist of all Inductees into the AMAHOF, appointees to the Executive Committee, and
  2. Honorary members.
  3. The Committee shall have the power to admit a person to Honorary membership on a temporary basis; the Annual General Meeting shall have power to admit a person to Honorary membership on a permanent basis.
  4. A member shall cease to be a member if;
  5. he resigns;
  6. he fails to pay any subscription due, within the period, if any, specified in the Bylaws; or
  7. he is suspended or expelled.
  8. The Committee shall cause a Register to be kept in which shall be entered the names and residential addresses of all person admitted to membership of the Association and the dates of their admission.
  9. Subscriptions of members of Association
  10. The members may from time to time at a general meeting determine the amount of the subscription to be paid by each member.

ii.     Each member must pay to the Treasurer, annually on or before 1 July or such other date as the Committee from time to time determines, the amount of the subscription determined under sub-rule (i).

  1. Subject to sub-rule (iv), a member whose subscription is not paid within 3 months after the relevant date fixed by or under sub-rule (ii) ceases on the expiry of that period to be a member, unless the Committee decides otherwise.
  2. A person exercises all the rights and obligations of a member for the purposes of these rules if his or her subscription is paid on or before the relevant date fixed by or under sub-rule (ii) or within 3 months thereafter, or such other time as the Committee allows.

 

11. PATRON

At the Annual General Meeting there may be elected a Patron who shall be entitled to participate in any general meeting but shall not be entitled to vote or otherwise participate in the business of the Association.

12. SUSPENSION AND EXPULSION

a.       Any member of the Association, who fails to observe the rules of the Association, or whose conduct, in the opinion of the Committee, is prejudicial to the interests of the Association may be suspended or removed from membership of the Association by a majority of at least two-thirds of the Committee, as shall be present and vote at a meeting of the Committee called for that purpose.

b.       Seven days notice of the Meeting shall be given to a member to whom it is proposed to suspend or expel.

  1. The member whom it is proposed to suspend or expel may attend and speak at such meeting.

d.       Any member who is suspended or expelled shall not be entitled to any refund of any payments to the Association.

e.       Where a member is suspended such member shall be deemed to be not a member during the period of his suspension.

f.        A member has the right of appeal to a General Meeting.

 

13. ANNUAL GENERAL MEETING

a.       The Annual General Meeting shall be held preceding the HOF Awards each year on a day and time to be arranged by the President.

b.       The business of the Annual General Meeting shall include:

  1. confirmation of minutes and matters arising;
  2. the Presidents Report;
  3. the Treasurers Report and Statement of Accounts for the preceding year;
  4. the election of a patron;
  5. the appointment of an auditor and determination of the remuneration of the auditor; and
  6. General Business.
  7. Officers and the Board of Directors may attend and vote.
  8. Past Inductees who are not Directors may attend but not vote.
  9. The quorum shall consist of four.
  10. The President, or in his absence the Vice President, shall chair the meeting.
  11. A resolution put to the vote shall be decided on a show of hands by a numerical majority of members voting or, where there is an equality of voting, by the casting vote of the chairperson.
  12. If the quorum is not present within one hour of the appointed time for the commencement of the meeting, the Chairperson may dissolve the meeting or adjourn the meeting to a time within the following week.

 

  1. General meetings

(1)        The Committee-

(a) may at any time convene a special general meeting;

(b) must convene annual general meetings within the time limits provided for the holding of such meetings by section 23 of the Act, that is, in every calendar year within 4 months after the end of the Association’s financial year or such longer period as may in a particular case be allowed by the Commissioner, except for the first annual general meeting which may be held at any time within 18 months after incorporation; and

(c) must, within 30 days of-

(i) receiving a request in writing to do so from not less than 10 members, convene a special general meeting for the purpose specified in that request; or

(ii) the Secretary receiving a notice under rule 9 (4), convene a general meeting to deal with the appeal to which that notice relates.

(d) must, after receiving a notice under rule 5 (4), convene a general meeting, no later than the next annual general meeting, at which the appeal referred to in the notice will be dealt with. Failing that, the applicant is entitled to address the Association at that next annual general meeting in relation to the Committee’s rejection of his or her application and the Association at that meeting must confirm or set aside the decision of the Committee.

 

(2)        The members making a request referred to in sub-rule (1) (c) (i) must-

(a) state in that request the purpose for which the special general meeting concerned is required; and

(b) sign that request.

 

(3)        If a special general meeting is not convened within the relevant period of 30 days referred to-

(a) in sub-rule (1) (c) (i), the members who made the request concerned may themselves convene a special general meeting as if they were the Committee; or

(b) in sub-rule (1) (c) (ii), the member who gave the notice concerned may him or herself convene a special general meeting as if he or she were the Committee.

 

(4)        When a special general meeting is convened under sub-rule (3) (a) or (b) the Association must pay the reasonable expenses of convening and holding the special general meeting.

 

(5)        Subject to sub-rule (7), the Secretary must give to all members not less than 14 days notice of a special general meeting and that notice must specify-

(a) when and where the general meeting concerned is to be held; and

(b) particulars of the business to be transacted at the general meeting concerned and of the order in which that business is to be transacted.

 

(6)        Subject to sub-rule (7), the Secretary must give to all members not less than 21 days notice of an annual general meeting and that notice must specify-

(a) when and where the annual general meeting is to be held;

(b) the particulars and order in which business is to be transacted, as follows-

(i) first, the consideration of the accounts and reports of the Committee;

(ii) second, the election of Committee members to replace outgoing Committee members;

and

(iii) third, any other business requiring consideration by the Association at the general meeting.

 

(7)        A special resolution may be moved either at a special general meeting or at an annual general meeting, however the Secretary must give to all members not less than 21 days notice of the meeting at which a special resolution is to be proposed. In addition to those matters specified in sub-rule (5) or (6), as relevant, the notice must also include the resolution to be proposed and the intention to propose the resolution as a special resolution.

 

(8)        The Secretary must give a notice under sub-rule (5), (6) or (7) by-

(a) serving it on a member personally; or

(b) sending it by post to a member at the address of the member appearing in the register of members kept and maintained under rule 6.

 

(9)        When a notice is sent by post under sub-rule (8) (b), sending of the notice will be deemed to be properly effected if the notice is sufficiently addressed and posted to the member concerned by ordinary prepaid mail.

 

15. NOTICE OF MEETING

a.       Thirty days notice shall be given of the Annual General Meeting by notices forwarded to the Committee members.

  1. Fourteen days notice shall be given of a General Meeting by notices forwarded to the Committee members.
  2. Seven days notice shall be given of a Committee Meeting in any manner convenient to the Secretary.

 

16. MINUTES OF MEETINGS

  1. The Secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Committee meeting and general meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously applies to the Secretary for that inspection. For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every Committee meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding Committee meeting verifying their accuracy. Similarly, the minutes of every general meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding general meeting or annual general meeting.
  2. Subject to the provisions of the Associations Incorporation Act, these rules may be amended, rescinded or added to from time to time by a special resolution carried at any general meeting: provided that no such amendment, rescission or addition shall be valid until the same shall have been submitted to and approved by the Director, Associations Incorporation Act
  3. The custody of the books, documents, instruments of title and securities of the incorporated association.

 

17. INCOME AND PROPERTY

a.       The income and property of the Association, however derived, shall be applied solely towards the promotion of the objects of the Association and, subject to the following sub-rule, shall not be transferred in any way to any servant or member of the Association.

b.       A servant or member of the Association may receive:

  1. Reasonable payment for services provided or goods supplied to the Association;
  2. Interest at current bank overdraft rate on money lent;
  3. Reasonable rent for premises let to the Association.

 

18. FINANCE

a.       The Committee shall conduct its financial transactions through a bank or other financial institution.

b.       The Treasurer shall, on behalf of the Association, receive, issue receipts for, and bank all monies paid to the Association.

c.       Except with the authority of the Committee, no payment of a sum exceeding one hundred dollars shall be made from the funds of the Association otherwise than by cheque drawn on the Associations account.

d.       No cheque shall be drawn on the Association’s account except for the payment of expenditure that has been authorised by the Committee.

e.       All cheques and other negotiable instruments shall be signed by any two of three officers nominated by the Committee.

f.        The Committee shall cause true accounts to be kept of the monies received and expended.

g.       A balance sheet containing a summary of the assets and liabilities of the Association on June 30th together with a statement of profit and loss for the preceding year shall be made out and submitted to the Annual General Meeting.

h.       The accounts shall be audited by the Auditor who shall make a report on the accounts, including a balance sheet setting out the assets and liabilities of the Association.

i.        The accounts shall be open to inspection by any member upon giving reasonable notice to the Treasurer at a time and place convenient to the Treasurer.

 

19. AUDITOR

a.       At each Annual General meeting of the Association, the members present shall appoint a person who is not a Officer of the Association as the auditor of the Association.

b.       A person so appointed shall hold office until the Annual General Meeting next after that at which he is appointed, and is eligible for re-appointment.

c.       The first auditor of the Association may be appointed by the Committee before the first Annual General Meeting, and, if so appointed, shall hold office until the first Annual General Meeting.

d.       If an appointment is not made at an Annual General Meeting the Committee shall appoint an auditor of the Association for the current year of the Association.

e.       If a casual vacancy occurs in the office of auditor during the course of a financial year of the Association, the Committee may appoint a person as the auditor and the person so appointed shall hold office until the next succeeding Annual General Meeting.

 

20. COMMON SEAL

The common seal of the Association engraved with the name of the Association shall be kept in the care of the President. The seal shall not be used or affixed to any deed or other document except pursuant to a resolution of the Committee and in the presence of the President and two members of the Committee both of whom will subscribe their names as witnesses.

 

21. DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP OF ASSOCIATION

a.       The Association may, by a resolution of a three-quarters majority of the members present at a General meeting called for the purpose, be dissolved.

  1. If, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of that winding up, that property shall be distributed:

i)           to another association incorporated under the Act; or

ii)         for charitable purposes

which incorporated association or purposes, as the case requires shall be determined by resolution of the members when authorising and directing the Committee under section 33 (3) of the Act to prepare a distribution plan for the distribution of the surplus property of the Association.

 

22. INSPECTION OF RULES

The Rules shall be open to inspection by any member upon giving reasonable notice to the Secretary at a time and place convenient to the Secretary.

 

23. ALTERATION OF CONSTITUTION

a.       The Association may, by consent of seventy five percent (75%) of the members voting at a meeting to amend the constitution.

b.       Notice of the proposed alteration shall be given in accordance with the provisions of Rule 14.

c.       An alteration of the Rules shall not have effect until the requirements of the Association Incorporated Act have been met.

 

I HEREBY CERTIFY the foregoing to be a true and correct copy of the Constitution of the Australasian Martial Arts Hall Of Fame (Inc) as determined at a Special General Meeting held for that purpose on Friday, 17th August, 2012.

 

Signed:

AMAHOF President

17th August, 2012.