Constitution

 

Channel Living (Inc.)

CONSTITUTION

Adopted 25 August 2013

 

This copy of the Constitution includes all amendments made by Special Resolution (25 August 2013)



 

CHANNEL LIVING (INC)

CONSTITUTION

Adopted 25 August 2013

 

RULE

1.               Name of Association

2.               Interpretation

3.               Association’s office

4.               Objects and purposes of Association

5.               Membership of Association

6.               Income and property of Association

7.               Accounts of receipts and expenditure

8.               Banking and finance

9.               Auditor

10.            Audit of accounts

11.            Annual general meeting

12.            Special general meeting

13.            Notices of general meetings

14.            Business and quorum at general meetings

15.            Chairperson at general meetings

16.            Adjournment of general meetings

17.            Determination of questions arising at general meeting

18.            Votes

19.            Taking of poll

20.            When poll to be taken

21.            Affairs of association to be managed by a committee

22.            Officers of the Association

23.            Constitution of the committee

24.            Election of numbers of committee

25.            Vacation of office

26.            Meetings of committee

27.            Disclosure of interests

28.            Subcommittees

29.            Executive committee

30.            Annual subscription

31.            Service of notices and requisitions

32.            Expulsion of members

33.            Appeal against expulsion

34.            Disputes

35.            Table of amendments

 



 

1.         Name of Association

The name of the association is ‘Channel Living (Inc)’ (CL), prior to incorporation, known as South Channel Sustainable Living Group (SCSLG)

2.         Interpretation

In this Constitution, unless contrary intention appears-

Accounting records has the same meaning as in the Act;

Act means the Associations Incorporation Act 1964

Annual general meeting means an annual general meeting of CL held under rule 11

Association means CL, as referred to in rule 1

Association has the same meaning as in the Act

Auditor means the person appointed as the auditor of CL under rule 9

Authorised deposit-taking institution means a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959 of the Commonwealth;

Basic objects of the Association means the objects and purposes of CL as stated in an application under section 7 of the Act for the incorporation of CL;

CL means Channel Living (Inc)

Committee means the committee of management referred to in rule 21;

Financial year means 1st July of a given year to 30th June of the following year;

General meeting means –

(a) an annual general meeting; or

(b) a special general meeting;

Officer of the Association means a person elected as an officer of CL at an annual general meeting or appointed as an officer of CL under rule 22 4);

Ordinary business of an annual general meeting means the business specified in rule 11 5);

Regular committee member means a member of the committee other than an officer of CL;

SCSLG means South Channel Sustainable Living Group

Special committee meeting means a meeting of the committee that is convened under rule 26 2) by the president or any 4 of the members of the committee;

Special general meeting means a meeting of CL, other than an annual general meeting, convened under rule 12;

Special resolution has the same meaning as in the Act.

3.         Association’s office

The CL office is located at 3399 Channel Highway, Woodbridge or at any other place the committee determines

4.         Objects and purposes of association

The basic objects and purposes of CL are to increase awareness, accessibility, ease and enjoyment of sustainable living and community life in the Southern D’Entrecasteaux Channel region.  The intention is to do this by creating a not-for-profit association that can facilitate community projects and dissemination of information relating to sustainable living.

The objects and purposes of CL include:

1)        the purchase, sale or supply of, or other dealing in, goods;

2)        the construction, maintenance or alteration of any building or works necessary or convenient for any of the objects or purposes of CL;

3)        the acceptance of a gift for any of the objects or purposes of CL;

4)        the taking of any step the committee or the members of CL at a general meeting determine expedient for the purpose of procuring contributions to the funds of CL;

5)        the printing or publication of any newspaper, periodical, book, leaflet or other document the committee or the members of CL at a general meeting determine desirable for the promotion of any of the objects or purposes of CL;

6)         the borrowing and raising of money in any manner and on terms –

7)        the committee thinks fit; or

8)        approved or directed by resolution passed at a general meeting;

9)        subject to the provisions of the Trustee Act 1898, the investment, in any manner the committee determines, of any money of CL not immediately required for any of the objects or purposes of CL;

10)     the making of a gift, subscription or donation to any of the funds, authorities or institutions to which section 78A of the Income Tax Assessment Act 1936 of the Commonwealth relates;

11)     the establishment and support, or aiding in the establishment or support, of any other association formed for any of the basic objects of CL;

12)     the purchase, or acquisition, and the undertaking of all or part of the property, assets, liabilities or engagements of any association with which CL is amalgamated in accordance with the provisions of the Act and the rules of CL;

13)      the doing of any lawful thing incidental or conducive to the attainment of the objects or purposes of CL.

5.         Membership of Association

1)        A person is eligible to be a member of CL on payment of the annual subscription specified in rule 30

2)        A person who is not a member of CL at the time of the incorporation of the CL is not to be admitted as a member of CL until the annual subscription, specified in rule 30, is paid

3)        A member of the CL may resign by serving on the committee a written notice of resignation.

4)        On receipt of a notice from a member of the CL under subrule 3) the membership officer is to remove the name of the member from the register of members.

5)        A person –

a)        becomes a member of CL when his or her name is entered in the register of members; and

b)        ceases to be a member of CL when his or her name is removed from the register of members.

6)        Any right, privilege or obligation of a person as a member of CL –

a)        is not capable of being transferred to another person; and

b)        terminates on the cessation of the membership.

7)        If CL is wound up, each member of CL, and each person who was a member of CL within the period of 12 months immediately preceding the commencement of the winding-up, is liable to contribute –

a)  to the assets of CL for payment of the liabilities of CL; and

b)  for the costs, charges and expenses of the winding-up; and

c)  for the adjustment of the rights of the contributors among themselves.

8)        Any liability under subrule 7) is not to exceed $1.

9)        Despite subrule 8), a former member of CL is not liable to contribute under that subrule in respect of any liability of CL incurred after he or she ceased to be a member.

6.         Income and property of Association

1)        The income and property of CL is to be applied solely towards the promotion of the objects and purposes of CL.

2)        No portion of the income or property of CL is to be paid or transferred to any member of CL unless the payment or transfer is made in accordance with this rule.

3)        CL may –

a)        pay a servant or member of CL –

                          i.          remuneration in return for services rendered to CL, or for goods supplied to CL, in the ordinary course of business of the servant or member; or

                         ii.          remuneration that constitutes a reimbursement for out-of-pocket expenses incurred by the servant or member for any of the objects or purposes of CL; or

                       iii.          interest at a rate not exceeding 7.25% on money lent to CL by the servant or member; or

                       iv.          a reasonable amount by way of rent for premises, or a part of premises, let to CL by the servant or member; and

b)        pay a member of the committee remuneration in return for carrying out the functions of a member of the committee; and

c)        pay a member of a subcommittee remuneration in return for carrying out the functions of a member of the subcommittee; and

d)        if so requested by or on behalf of any other association, organisation or body, appoint or nominate a member of CL to an office in that other association, organisation or body.

4)        Despite subrule 3) a), b) and c), CL is not to pay a person any amount under that subrule unless CL or committee has first approved that payment.

5)        Despite subrule 3) d) CL is not to appoint or nominate a member of CL under that subrule to an office in respect of which remuneration is payable unless CL or committee has first approved –

a)  that appointment or nomination; and

b)  receipt of that remuneration by that member.

7.         Accounts of receipts and expenditure

1)        True accounts are to be kept of the following:

a)        each receipt or payment of money by CL and the matter in respect of which the money was received or paid;

b)        each asset or liability of CL.

2)        The accounts are to be open to inspection by the members of CL at any reasonable time, and in any reasonable manner, determined by the committee.

3)        The treasurer of CL is to keep all accounting books, and general records and records of receipts and payments, connected with the business of CL in the form and manner the committee determines.

4)       The accounts, books and records are to be kept at CL’s office or at any other place the committee determines.

8.         Banking and finance

1)        On behalf of CL, the treasurer of CL is to –

a)         receive any money paid to CL; and

b)        cause the money to be paid into the account opened under subrule 2) as soon as practicable after it is received.

2)        The committee is to open with an authorised deposit-taking institution an account in the name of CL.

3)        The committee may –

a)        receive from an authorised deposit-taking institution a cheque drawn or by Netbank transfer by CL on any of CL’s accounts with the authorised deposit-taking institution; and

b)        release or indemnify the authorised deposit-taking institution from or against any claim, or action or other proceeding, arising directly or indirectly out of the drawing of that cheque or transferring the monies via Netbank.

4)        Except with the authority of the committee, a payment of an amount exceeding $100 is not to be made from the funds of CL otherwise than by cheque drawn or Netbank transfer on CL’s account.

5)        The committee may provide the treasurer with an amount of money to meet urgent expenditure, subject to any conditions the committee may impose in relation to the expenditure.

6)        A Netbank transfer or a cheque over $100 is not to be drawn on CL’s account except for the purpose of making a payment that has been authorised by the committee.

7)        A cheque, draft, bill of exchange, promissory note or other negotiable instrument is to be –

a)        signed by the treasurer or, in the treasurer’s absence, by any other member, or members, of the committee the committee nominates for that purpose; and

b)        countersigned by a second committee member of CL.

9.         Auditor

1)        At each annual general meeting, the members of CL present at the meeting are to appoint a person as the auditor of CL.

2)        If an auditor is not appointed at an annual general meeting under subrule 1)the committee is to appoint a person as the auditor of CL as soon as practicable after that annual general meeting.

3)        The auditor is to hold office until the next annual general meeting and is eligible for re-appointment.

4)        The first auditor –

a)          may be appointed by the committee before the first annual general meeting after incorporation; and

b)         if so appointed, holds office until the first annual general meeting after incorporation unless earlier removed by a resolution of the members of CL at a general meeting.

5)        If the first auditor is appointed by the committee under subrule 4) and subsequently removed at a general meeting under subrule 4) b), the members of CL, at that general meeting, may appoint an auditor to hold office until the first annual general meeting after incorporation.

6)        Except as provided in subrule 4) b), the auditor may only be removed from office by special resolution.

7)        If a vacancy occurs in the office of auditor, the committee is to appoint a person to fill the vacancy until the next annual general meeting.

10.      Audit of accounts

1)        The auditor is to audit the financial affairs of CL at least once in each financial year of CL.

2)        The auditor, after auditing the financial affairs of CL for a particular financial year of CL, is to –

a)        certify as to the correctness of the accounts of CL; and

b)        at the next annual general meeting, provide a written report to the members of CL present at that meeting.

3)        In the report and in certifying to the accounts, the auditor is to –

a)        specify the information, if any, that he or she has required under subrule 5) b) and obtained; and

b)        state whether, in his or her opinion, the accounts exhibit a true and correct view of the financial position of CL according to the information at his or her disposal; and

c)        state whether the rules relating to the administration of the funds of CL have been observed.

4)       The treasurerof CL is to deliver to the auditor a list of all the accounting records, books and accounts of CL.

5)       The auditor may –

a)         have access to the accounting records, books and accounts of CL; and

b)        require from any servant of CL any information the auditor considers necessary for the performance of his or her duties; and

c)        employ any person to assist in auditing the financial affairs of CL; and

d)        examine any member of the committee, or any servant of CL, in relation to the accounting records, books and accounts of CL.

11.      Annual general meeting

1)        CL is to hold an annual general meeting each year.

2)        An annual general meeting is to be held on any day (being not later than 3 months after the end of the financial year of CL) the committee determines.

3)        An annual general meeting is to be in addition to any other general meeting that may be held in the same year.

4)        The notice convening an annual general meeting is to specify the purpose of the meeting.

5)        The ordinary business of an annual general meeting is to be as follows:

a)        to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;

b)        to receive from the committee, auditor and servants of CL reports on the transactions of CL during the last preceding financial year of CL;

c)        to elect the officers of CL and the general committee members;

d)        to appoint the auditor and determine his or her remuneration;

e)        to determine the remuneration of servants of CL.

6)        An annual general meeting may transact special business of which notice is given in accordance with rule 13.

12.      Special general meetings

1)        The committee may convene a special general meeting of CL at any time

2)        The committee, on the requisition in writing of at least 10 members of CL, is to convene a special general meeting of CL.

3)        A requisition for a special general meeting –

a)         is to state the objects of the meeting; and

b)        is to be signed by each of the requisitionists; and

c)        is to be deposited at the office of CL; and

d)        may consist of several documents, each signed by one or more of the requisitionists.

4)        If the committee does not cause a special general meeting to be held within 21 days after the day on which a requisition is deposited at the office of CL, any one or more of the requisitionists may convene the meeting within 3 months after the day of the deposit of the requisition.

5)        A special general meeting convened by requisitionists is to be convened in the same manner, as nearly as practicable, as the manner in which a special general meeting would be convened by the committee.

6)        All reasonable expenses incurred by requisitionists in convening a special general meeting under subrule 4) are to be refunded by CL.

13.      Notices of general meetings

At least 14 days before the day on which a general meeting of CL is to be held, the public officer of CL is to email members and publish in at least one local publication circulating in the South Channel area an advertisement specifying –

a)        the place, day and time at which the meeting is to be held; and

b)        the nature of the business that is to be transacted at the meeting.

14.      Business and quorum at general meetings

1)        All business transacted at a general meeting, other than the ordinary business of an annual general meeting, is special business.

2)        Business is not to be transacted at a general meeting unless a quorum of members of CL entitled to vote is present at the time the meeting considers that business.

3)        A quorum for the transaction of the business of a general meeting is 15 members of CL entitled to vote.

4)        If a quorum is not present within one hour after the time appointed for the commencement of a general meeting, the meeting –

a)        if convened on the requisition of members of CL, is dissolved; or

b)        if convened by the committee, is to be adjourned to the same day in the next week at the same time and –

                                       i.       at the same place; or

                                     ii.       at any other place specified by the chairperson –

A.      at the time of the adjournment; or

B.      by notice in a manner determined by the chairperson.

5)        If at an adjourned general meeting a quorum is not present within one hour after the time appointed for the commencement of the meeting, the meeting is dissolved.

15.      Chairperson at general meetings

At each general meeting of CL, the chairperson is to be –

a)        the president; or

b)        in the absence of the president, a committee member; or

c)        in the absence of the president and a committee member willing to undertake the role of chairperson, a member of CL elected to preside as chairperson by the members of CL present and entitled to vote at the general meeting.

16.      Adjournment of general meetings

1)        The chairperson of a general meeting at which a quorum is present may adjourn the meeting with the consent of the members of CL who are present and entitled to vote at the meeting, 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.

2)        If a meeting is adjourned for 14 days or more, notice of the adjourned meeting is to be given in the same manner as the notice of the original meeting.

3)        If a meeting is adjourned for less than 14 days, it is not necessary to give any notice of the adjournment or of the business to be transacted at the adjourned meeting.

17.      Determination of questions arising at general meetings

1)        A question arising at a general meeting of CL is to be determined on a show of hands.

2)        A declaration by the chairperson that a resolution has, on a show of hands, been lost or carried, or carried unanimously or carried by a particular majority, together with an entry to that effect in the minute book of CL, is evidence of that fact unless a poll is demanded on or before that declaration.

18.      Votes

1)        On any question arising at a general meeting of CL, a member of CL (including the chairperson) has one vote only.

2)        All votes are to be given personally.

3)        Despite subrule 1), in the case of an equality of votes, the chairperson has a second or casting vote.

19.      Taking of poll

If at a general meeting a poll on any question is demanded –

a)        the poll is to be taken at that meeting in the manner the chairperson determines; and

b)        the result of the poll is taken to be the resolution of the meeting on that question.

20.      When poll to be taken

1)        A poll that is demanded on the election of a chairperson, or on a question of adjournment, is to be taken immediately.

2)        A poll that is demanded on any other question is to be taken at any time before the close of the meeting as the chairperson determines.

21.      Affairs of Association to be managed by a committee

1)        The affairs of CL are to be managed by a committee of management constituted as provided in rule 23.

2)        The committee –

a)         is to control and manage the business and affairs of CL; and

b)        may exercise all the powers and perform all the functions of CL, other than those powers and functions that are required by these rules to be exercised and performed by members of CL at a general meeting; and

c)        has power to do anything that appears to the committee to be essential for the proper management of the business and affairs of CL.

22.      Officers of the Association

1)        The officers of CL are as follows:

a)        one president;

b)        one vice-president;

c)        one treasurer;

d)        one secretary.

2)       Rule 24 2), 3) and 4) applies, with all necessary modifications, to the election of persons to any of the offices referred to in subrule 1).

3)       Each officer of CL is to hold office until the next annual general meeting after that at which he or she is elected and is eligible for re-election.

4)       If a vacancy in an office referred to in subrule 1) occurs the committee may appoint one of its members to fill the vacancy until the next annual general meeting after the appointment.

23.      Constitution of the committee

1)        The committee consists of –

a)        the officers of CL; and

b)        a minimum of 5 and a maximum of 7 other members elected at the annual general meeting.

2)        A regular committee member is to hold office until the next annual general meeting after that at which he or she is elected and is eligible for re-election.

3)        If a vacancy occurs in the office of regular committee member, the committee may appoint a member of CL to fill the vacancy until the next annual general meeting after the appointment.

4)        The positions of public officer and membership officer are determined by the committee.

5)        The position of membership officer is held by an officer of the committee, defined in rule 22, in addition to their officer role or by a regular committee member.

6)        The position of public officer is not to be held by an officer of the committee and should not be held by a member of the committee.

7)        The Vegebox Co-ordinator, Vegebox Packing Manager, Co-op Co-ordinator or any employee of the Association cannot also hold an office of the committee.

24.      Election of numbers of committee

1)        A nomination of a candidate for election as an officer of CL, or as an regular committee member, is to be –

a)        made in writing, signed by 2 members of CL and accompanied by the written consent of the candidate (which may be endorsed on the nomination); and

b)        delivered to the public officer of CL at least 10 days before the day on which the annual general meeting is to be held.

2)        If insufficient nominations are received to fill all vacancies on the committee –

a)        the candidates nominated are taken to be elected; and

b)        further nominations are to be received at the annual general meeting.

3)        If the number of nominations received is equal to the number of vacancies on the committee to be filled, the persons nominated are taken to be elected.

4)        If the number of nominations received exceeds the number of vacancies on the committee to be filled, a ballot is to be held.

5)        If the number of further nominations received at the annual general meeting exceeds the number of remaining vacancies on the committee to be filled, a ballot is to be held in relation to those further nominations.

6)    The ballot for the election of officers and regular committee members is to be conducted at the annual general meeting in the manner determined by the committee.

25.      Vacation of office

For the purpose of these rules, the office of an officer of CL, or of a regular committee member, becomes vacant if the officer or committee member –

a)        dies; or

b)        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 or estate for their benefit; or

c)        becomes a represented person within the meaning of the Guardianship and Administration Act 1995; or

d)        resigns office by email or in writing addressed to the committee; or

e)        ceases to be ordinarily resident in Tasmania; or

f)         is absent from 3 consecutive meetings of the committee without the permission of the other members of the committee; or

g)        ceases to be a member of CL; or

h)        fails to pay all arrears of subscription within 14 days after receiving a notice in writing or email from CL stating that the officer or committee member has ceased to be a financial member of CL.

26.      Meetings of the committee

1)        The committee is to meet at least nine times each year at any place and time the committee determines.

2)        A meeting of the committee, other than a meeting referred to in subrule 1), may be convened by the president or any 4 of the members of the committee.

3)        Written notice of any special committee meeting is to be served on members of the committee and is to specify the general nature of the business to be transacted.

4)        A special committee meeting may only transact business of which notice is given in accordance with subrule 3).

5)        A quorum for the transaction of the business of a meeting of the committee is 5 members of the committee.

6)        Business is not to be transacted at a meeting of the committee unless a quorum is present.

7)        If a quorum is not present within half an hour after the time appointed for the commencement of –

a)        a meeting of the committee (other than a special committee meeting), the meeting is to be adjourned to the next week; or

b)        a special committee meeting, the meeting is dissolved.

8)        At each meeting of the committee, the chairperson is to be –

a)        the president; or

b)        in the absence of the president, the vice-president; or

c)        in the absence of the president and the vice-president, a member of the committee elected to preside as chairperson by the members of the committee present at the meeting.

9)        Any question arising at a meeting of the committee is to be determined –

a)        on a show of hands; or

b)        if demanded by a member, by a poll taken at that meeting in the manner the chairperson determines.

10)     On any question arising at a meeting of the committee, a member of the committee (including the chairperson) has one vote only.

11)     Despite subrule 10, in the case of an equality of votes, the chairperson has a second or casting vote.

12)     Written notice of each committee meeting is to be served on each member of the committee by –

a)        giving it to the member during business hours before the day on which the meeting is to be held; or

b)        leaving it, during business hours before the day on which the meeting is to be held, at the member’s postal or residential address or place or address of business or employment last known to the server of the notice; or

c)        emailing it to the member’s email address.

27.      Disclosure of interests

1)        If a member of the committee or a member of a subcommittee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the committee or subcommittee at a meeting, the member is to, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the committee.

2)        If at a meeting of the committee or a subcommittee a member of the committee or subcommittee votes in respect of any matter in which the member has a direct or indirect pecuniary interest, that vote is not to be counted.

28.      Subcommittees

1)        The committee may –

a)        appoint a subcommittee from the committee; and

b)        prescribe the powers and functions of that subcommittee.

2)        The committee may co-opt any person as a member of a subcommittee without voting rights, whether or not the person is a member of CL.

3)        A quorum for the transaction of the business of a meeting of the subcommittee is 3 appointed members entitled to vote.

4)        Any committee member of CL can volunteer to convene meetings of a subcommittee.

5)        Any question arising at a meeting of a subcommittee is to be determined –

a)        on a show of hands; or

b)        if demanded by a member, by a poll taken at that meeting in the manner the chairperson determines.

6)        On any question arising at a meeting of a subcommittee, a member of the subcommittee (including the chairperson) has one vote only.

7)        Written notice of each subcommittee meeting is to be served on each member of the subcommittee by –

a)        giving it to the member during business hours before the day on which the meeting is to be held; or

b)        leaving it, during business hours before the day on which the meeting is to be held, at the member’s postal or residential address or place or address of business or employment last known to the server of the notice; or

c)        emailing it to the member’s email address.

29.      Executive committee

1)        The president, the vice-president, the treasurer and the secretary constitute the executive committee.

2)        During the period between meetings of the committee, the executive committee may issue instructions to servants of CL in matters of urgency connected with the management of the affairs of CL.

3)        The executive committee is to report on any instructions issued under subrule 2) to the next meeting of the committee.

30.      Annual subscription

1)        The annual subscription payable by members of CL is to be fixed at AGM.

2)        The members of CL may alter the annual subscription by special resolution.

3)        The annual subscription of a member of CL is due and payable on the first business day following the AGM.

31.      Service of notices and requisitions

Except as otherwise provided by these rules, a document may be served under these rules on a person by –

a)        giving it to the person; or

b)        leaving it at, or sending it by post to, the person’s postal or residential address or place or address of business or employment last known to the server of the document; or

c)        emailing it to the person’s email address.

32.      Expulsion of members

1)        The committee may expel a member from CL if, in the opinion of the committee, the member is guilty of conduct detrimental to the interests of CL.

2)        The expulsion of a member under subrule 1 does not take effect until the later of the following:

a)         the fourteenth day after the day on which a notice is served on the member under subrule3);

b)        if the member exercises his or her right of appeal under this rule, the conclusion of the special general meeting convened to hear the appeal.

3)        If the committee expels a member from CL, the public officer of CL, without undue delay, is to cause to be served on the member a notice in writing –

a)        stating that the committee has expelled the member; and

b)        specifying the grounds for the expulsion; and

c)        informing the member of the right to appeal against the expulsion under rule 33.

33.      Appeal against expulsion

1)        A member may appeal against an expulsion under rule 32 by serving on the public officer of CL, within 14 days after the service of a notice under rule 32 3), a requisition in writing demanding the convening of a special general meeting for the purpose of hearing the appeal.

2)        On receipt of a requisition, the public officer is to immediately notify the committee of the receipt.

3)        The committee is to cause a special general meeting to be held within 21 days after the day on which the requisition is received.

4)        At a special general meeting convened for the purpose of hearing an appeal under this rule –

a)        no business other than the question of the expulsion is to be transacted; and

b)        the committee may place before the meeting details of the grounds of the expulsion and the committee’s reasons for the expulsion; and

c)        the expelled member must be given an opportunity to be heard; and

d)        the members of CL who are present are to vote by secret ballot on the question of whether the expulsion should be lifted or confirmed.

5)        If at the special general meeting a majority of the members present vote in favour of the lifting of the expulsion –

a)        the expulsion is lifted; and

b)        the expelled member is entitled to continue as a member of CL.

6)        If at the special general meeting a majority of the members present vote in favour of the confirmation of the expulsion –

a)        the expulsion takes effect; and

b)        the expelled member ceases to be a member of CL.

34.      Disputes

1)        A dispute between a member of CL, in the capacity as a member, and CL is to be determined by arbitration in accordance with the provisions of the Commercial Arbitration Act 1986.

2)        This rule does not affect the operation of rule 33.



 

 

Table of Amendments

Rule No.

Amendment

Date of Amendment

All

SCSLG constitution re-written to reflect incorporation of CL

25/02/2011