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About Us >> Constitution

Eisteddfod by the Bay Constitution

  1. The name of the incorporated association is Eisteddfod by the Bay Inc. (in these rules called "the Eisteddfod").

    Interpretation

    1. In these rules, unless the contrary appears:

      "Committee" means the Committee of Management of the Eisteddfod.

      "Financial year" means the year ending on December 31st.

      "General Meeting" means a general meeting of Committee members convened in accordance with Rule 11.

      "Member" means a member of the Committee who is not an officer of the Eisteddfod under Rule 18.

      "The Act" means the Associations Incorporation Act 1981 of Victoria.

      "The Regulations" means the regulations under the Act.

    2. In these Rules, a reference to the Secretary of the Eisteddfod is a reference:
      1. where a person holds office under these Rules as Secretary of the Eisteddfod - to that person; and
      2. in any other case, to the public officer of the Eisteddfod.
    3. Words of expression contained in these Rules shall be interpreted in accordance with the provisions of the Interpretation of Legislation Act 1984 and the Act as in force from time to time.

    Membership Qualifications

    1. Membership of the Committee of Management of the Eisteddfod is open to individuals who support the objectives of the Eisteddfod and who are prepared to actively assist in the advancement to the objectives.
    2. Membership is enacted by the nomination of the prospective member in writing as set out in Appendix 1 by a current member, the seconding of the nomination by another current member and by an affirmative vote of no less than 75% of current members.
    3. A right, privilege or obligation of a member by reason of membership of the Eisteddfod:
      1. is not capable of being transferred to another person or organisation;
      2. terminates upon the cessation of the person's membership whether by resignation of otherwise.

    Subscriptions

  4. Members of the Committee of Management do not pay subscriptions.

    Register of Members

  5. The Secretary of the Eisteddfod shall keep and maintain a register of members in which will be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Public Officer.

    Resignation and Expulsion of Member

    1. A member of the Eisteddfod may resign by first giving one month's notice in writing to the Secretary of their intention to resign and upon expiration of the period of notice, the member shall cease to be a member.
    2. Upon expiration of a notice given in sub-clause 6.(i), the Secretary shall make in the register of members an entry recording the date on which the member by whom the notice was given, ceased to be a member.
    1. In the event of any member being considered as having acted in a manner that may be detrimental to the work of the Eisteddfod, the Secretary shall write to such member setting out:
      1. the complaint;
      2. requesting the resignation of the member if the complaint is justified;
      3. requesting an explanation from the member if the complaint is considered not justified;
      4. requesting a reply in either case within 30 days of the date of the letter.
    2. On receipt of such letter of explanation the Secretary shall forward a copy of same to all members requesting a reply within 30 days indicating whether or not they accept such explanation.
    3. On receipt of replies the Secretary shall write to the member concerned and inform her/him of the Eisteddfod's decision.
    4. If the decision is in the negative by a majority of 75% of members the Secretary shall make an entry in the register recording the date on which the member concerned ceased to be a member of the Eisteddfod.

    Annual General Meeting

    1. The Eisteddfod shall in each calendar year convene an annual general meeting of its members.
    2. The annual general meeting shall be held on such day as the Committee determines.
    3. The annual general meeting shall be specified as such in the notice convening it.
    4. The ordinary business of the annual general meeting shall be:
      1. to confirm the minutes of the last preceding annual meeting and of any general meeting held since that meeting;
      2. to receive from the Committee reports upon transactions of the Eisteddfod during the last preceding financial year;
      3. to elect officers of the Eisteddfod;
      4. to receive and consider the statement submitted by the Eisteddfod in accordance with the section 30(3) of the Act.
    5. The annual general meeting may transact special business of which notice is given in accordance with these Rules.
    6. The annual general meeting shall be in addition to any other general meetings that may be held in the same year.

    Special General Meeting

  9. All general meetings other than the annual general meeting shall be called special general meetings.
    1. The Committee may, whenever it thinks fit convene a special general meeting of the Eisteddfod and, where, but for this sub-clause, more than 15 months would elapse between annual general meetings, shall convene a special meeting before the expiration of the period.
    2. The Committee shall, on the requisition in writing of members representing not less than 20% of the total number of members, convene a special general meeting of the Eisteddfod.
    3. The requisition for a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in like form, signed by one or more of the members making the requisition.
    4. If the Committee does not cause a special general meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, the members, or any of them, may convene a special general meeting to be held not later than 3 months after that date.
    5. A special general meeting convened by members in pursuance of these Rules shall be convened as nearly as possible as that in which those meetings are convened by the Committee.

    Notice of Meeting

    1. The Secretary of the Eisteddfod shall, at least seven days or, if the special resolution has been proposed, at least 21 days before the date fixed for holding a general meeting of the Eisteddfod, cause to be sent to each member of the Eisteddfod at the address appearing in the register of members a notice by pre-paid post stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
    2. Any business other than that set out in the notice convening the meeting shall only be transacted with the approval of 75% of members present at the meeting.
    3. Any member desiring to bring any business before a meeting may give notice of that business in writing to the Secretary, who shall include that business in the notice calling the next general meeting after receipt of the notice.

    Proceedings at Meetings

    1. All business that is transacted at a special general meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these Rules as being the ordinary business of the annual general meeting shall be deemed to be special business.
    2. No item of business shall be transacted at the general meeting unless a quorum of members entitled under these rules is present during the time when the meeting is considering that item.
    3. Five members personally present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
    4. If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present the meeting shall be dissolved and may continue as an informal meeting.
    1. The Chairperson of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at the adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
    2. Where a meeting is adjourned for 14 days or more, a like notice of adjourned meeting shall be given as in the case of a general meeting.
    3. Except as provided in sub-clauses (1) and (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
  14. A question arising at a general meeting of the Eisteddfod shall be determined by a show of hands and unless before or on the declaration of the show of hands a poll is demanded, declaration by the Chairperson that a resolution has, on a show of hands, been carried unanimously or carried by a particular majority or lost, an entry to that effect in the Minute Book of the Eisteddfod is evidence of the fact without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
    1. Upon any question arising at a general meeting of the Eisteddfod, a member has one vote only.
    2. All votes shall be given personally or by proxy.
    3. In the case of equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.
    1. If at a meeting a poll on any question is demanded by not less than three members, it shall be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on the question.
    2. A poll that is demanded on the election of a Chairperson or a question of adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairperson may direct.
    1. Each member shall be entitled to appoint another member as their proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in which the proxy is appointed.
    2. The notice appointing the proxy shall be in the form set out in Appendix 2.

    Committee of Management

  18. All members constitute the Committee of Management and the affairs of the Eisteddfod shall be conducted by the members present at each meeting and where applicable by proxy of members unable to attend.
    1. The officers of the Eisteddfod shall be:
      1. President/Public officer
      2. Secretary
      3. Treasurer
      4. Section Secretaries
    2. The provisions of Rule 21 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-clause 19.(i).
    3. Each officer of the Eisteddfod shall hold office until the annual general meeting next after the date of his/her election but is eligible for re-election.
    4. In the event of a casual vacancy in any office referred to in sub-clause 19.(i) the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of his/her appointment.
    1. Subject to section 23 of the Act, the Committee shall consist of:
      1. the officers of the Eisteddfod; and
      2. all members present at the meeting.

    Election of Officers and Vacancy

    1. Nominations of candidates for election as officers of the Eisteddfod shall be taken at the annual general meeting.
    2. 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.
    3. If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
    4. The ballot for the election of officers shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.
  22. For the purposes of these Rules, the office of an officer of the Eisteddfod becomes vacant if the officer:
    1. becomes insolvent under administration within the meaning of the Companies (Victoria) Code; or
    2. resigns her/his office by notice in writing given to the Secretary.
    1. The Committee shall meet at least 4 times in each year at such place and such times as the Committee may determine.
    2. Special meetings of the Committee may be convened by the President or any 4 members of the Committee.
    3. Notice shall be given to members of the Committee of any meeting specifying the general nature of the business to be transacted at such a meeting.
    4. Any 5 members of the Committee constitute a quorum for the transaction of business of a meeting of the Committee.
    5. No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting shall lapse but may continue as an informal discussion.
    6. Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.
    7. 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 and, in the event of equality of votes on any question, the person presiding may exercise a second or casting vote.
    8. Written notice of each Committee meeting shall be served on each member of the Committee by delivering it by prepaid post at least 7 days before the meeting.

    Secretary

  24. The Secretary of the Eisteddfod shall keep minutes of the resolutions and proceedings of each general meeting and each sub-committee meeting in books provided for that purpose together with a record of names of persons present at Committee meetings.

    Treasurer

    1. The Treasurer of the Eisteddfod:
      1. shall collect and receive all monies due to the Eisteddfod; and
      2. shall keep correct accounts and books showing the financial affairs of the Eisteddfod with full details of all receipts and expenditures connected with activities of the Eisteddfod.
    2. The accounts and books referred to in sub-clause 25.(i) shall be available for inspection by members at any time.

    Cheques

  26. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two of the approved signatories. The approved signatories being the President, the Treasurer, the Secretary.

    Section Secretaries

  27. Section Secretaries shall perform the secretarial duties associated with their allotted Sections; i.e. dance, piano, vocal, speech or other field of the performing arts that comprise the Eisteddfod. They are authorised to receive monies due to their allotted Sections and they shall deposit such monies in the Eisteddfod account by way of Section deposit books provided by the Eisteddfod Treasurer.

    Seal

    1. The Common Seal of the Eisteddfod shall be kept in the custody of the Secretary.
    2. The Common Seal shall not be fixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures of either of two members of the Committee or of one member of the Committee and the Public Officer of the Eisteddfod.

    Alterations of Rules and Statement of Purpose

  29. These Rules and the statement of purposes of the Eisteddfod shall not be altered except in accordance with the Act.

    Notices

    1. A notice may be served by or on behalf of the Eisteddfod upon any member either personally or by sending it by pre-paid post to the member's address shown in the Register of Members.
    2. Where a document is properly addressed pre-paid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post.

    Winding Up

    1. The Eisteddfod may be dissolved by the majority vote at an extra-ordinary meeting convened on the requisition off 75% of the members at the time of the meeting.
    2. If upon the winding up of the Eisteddfod there shall remain, after the satisfaction of all its debts and liabilities any assets whatsoever, the same shall not be paid or distributed among any individual person, member or otherwise, but shall be distributed in accordance with the provisions of the Act.

    Custody of Records

  32. Except as otherwise provided in these Rules, the Secretary shall keep in his/her custody or under her/his control all the books, documents and securities of the Eisteddfod.

    Funds

  33. The funds of the Eisteddfod shall be derived:

    from grants made by State and local government authorities;

    from donations made by sponsors; relevant groups and societies; and individuals,

    from entry fees from competitors and door admissions.

Committee Profile

Read the Eisteddfod by the Bay Statement of Intent.