This is the seven (7) pages of the Constitution referred to in the Application for Affiliation signed by me and dated.
Signature:........................................................
Public Officer: Henry Casimar Hatch
Dated:.............................................................
Adopted
by OZFIN Inc. at the General Meeting held on
OZFIN Inc. — Australian Fin Swimming
Commission
Registration Number:........................................................................................................... 1
Title:............................................................................................................... 1
Constitution of OZFIN Incorporated............................................ 1
1. Name........................................................................................................................................ 3
2. Interpretations............................................................................................................... 3
3. Rules of
OZFIN.................................................................................................................... 3
4. Objects................................................................................................................................... 3
5. Membership.......................................................................................................................... 4
6 Clubs....................................................................................................................................... 4
7. Club
Members..................................................................................................................... 4
8. Remote
Members............................................................................................................... 4
9. State
Finswimming Commissions.............................................................................. 5
10. Executive
Committee..................................................................................................... 5
11. General
Meetings............................................................................................................ 6
12. Finance.................................................................................................................................. 7
13. Discipline.............................................................................................................................. 7
14. Dissolution......................................................................................................................... 7
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1.1 |
The name of the Association shall be OZFIN Incorporated hereinafter referred to as OZFIN. |
MYM |
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2.1 |
Unless the contrary intention appears from the context in the Constitution and the Bylaws: |
MYM |
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"AGM" is an Annual General Meeting of OZFIN. |
MYM |
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"AUF" means the Australian Underwater Federation Incorporated. |
MYM |
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"The Bylaws" are the Bylaws of OZFIN made under this Constitution. |
MYM |
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"Member" means a Member of the AUF. |
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"Model Rules" as embodied in the Regulations of the Associations Incorporation Act 1991 as amended from time to time. |
MYM |
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"MYM" is a Mid Year Meeting of OZFIN. |
MYM |
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"SFC" is a State Finswimming Commission established in accordance with this Constitution. |
MYM |
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3.1 |
The Rules of OZFIN are: (i) The Rules as stated in this Constitution; (ii) The Rules stated in the Constitution of the Australian Underwater Federation as are in force from time to time; and (iii) The Model Rules for all remaining matters as in force from time to time. |
MYM |
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4.1 |
To be the Finswimming Commission of the Australian Underwater Federation Incorporated. |
MYM |
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4.2 |
Promote, develop and regulate the sport of finswimming in |
MYM |
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4.3 |
Sanction National Championships and other finswimming events. |
MYM |
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4.4 |
Select National Teams. |
MYM |
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4.5 |
Liaise with national and international government agencies and other peak sporting bodies. |
MYM |
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4.6 |
Seek national sponsorships and grants to support the development of the sport. |
MYM |
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4.7 |
Advise and supervise the development of State Finswimming Commissions. |
MYM |
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5.1 |
Membership of OZFIN is to comprise: (i) Clubs (ii) Club Members (iii) Remote Members (iv) State Finswimming Commissions. |
MYM |
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5.2 |
Members shall pay such fees as are determined by OZFIN at a General Meeting. The subscription fee for members is to be set at the AGM. |
MYM |
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6.1 |
Role of Clubs is to: (i) Recruit finswimmers. (ii) Conduct regular coaching and training of finswimmers. (iii) Conduct competitions within the club or between clubs. |
MYM |
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6.2 |
Clubs are to apply for affiliation to OZFIN. When accepted by OZFIN, the club will be automatically affiliated to the appropriate SFC. |
MYM |
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6.3 |
Clubs must have a constitution which is to be lodged with the Secretary before the Club can exercise its vote. |
AGM |
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6.4 |
Clubs are to provide the following to OZFIN within one month of any change: (i) List of executive committee members and contact information. (ii) Constitution or Bylaws. |
MYM |
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6.5 |
A club must have at least two members who are current members of the AUF and OZFIN. |
AGM 7/401 |
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7.1 |
Club members who participate in OZFIN, SFC or inter-club finswimming competitions must be a current financial Member of the AUF and OZFIN. |
AGM |
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8.1 |
Remote membership is available to individuals who are isolated from an affiliated club. |
AGM |
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8.2 |
Remote members are to be supplied with information by OZFIN on a similar basis to affiliated Clubs. |
AGM |
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8.3 |
A remote member fee additional to the basic AUF membership fee is to be set at the AGM. This fee is to cover the costs of servicing remote members. |
AGM |
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9.1 |
The role of SFCs is to: (i) Liaise with state and local government agencies, and with other peak sporting associations in the State or Territory. (ii) Approve finswimming events and regulate the sport in the State or Territory in accordance with OZFIN Bylaws. (iii) Promote the sport. (iv) May conduct State championships. (v) Co-ordinate and develop coaching and officiating. |
AGM |
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9.2 |
A SFC is to be elected annually by the affiliated clubs and remote members in the respective State or Territory. Unless determined otherwise by the SFC's own Bylaws, voting rights are to be: (vi) Two votes for each affiliated club which has at least 10 current financial members of the AUF. (vii) One vote for each affiliated club with less than 10 members. (viii) A single vote for the remote members that reside in the State or Territory, such vote to be determined by a simple majority of the remote members voting on a motion. |
AGM |
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9.3 |
SFCs are to provide the following to OZFIN within one month of any change: (iii) List of executive committee members and contact information. (iv) Constitution or Bylaws. |
AGM |
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10.1 |
The Executive Committee of OZFIN comprises: President Vice President Secretary Treasurer Development Co-ordinator |
AGM |
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10.2 |
Each member of the Executive Committee has a vote and the Chair has a casting vote. |
MYM |
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10.3 |
Elections will be held at the AGM and the period of appointment will be not more than two years. The positions are to be filled in alternate years as follows: |
MYM |
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Year 1 President Secretary Development Co-ordinator Year 2 Vice President · Treasurer |
AGM |
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10.4 |
Executive Officers may be appointed as required at an AGM or MYM to undertake or co-ordinate a particular aspect of OZFIN's business. The period of appointment will not be more than two years. |
MYM |
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10.5 |
Executive Officers not to have a vote except on areas which may affect their role or function. The vote will be at the discretion of the Chair. |
AGM |
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11.1 |
The Annual General Meeting is to be convened for: (i) Receiving reports from the Executive Committee and Officers (ii) Elect those members of the Executive Committee and Executive Officers whose terms have expired (iii) Appoint a Public Officer (iv) Receive and consider the audited statement of accounts (v) Transact any duly notified business. |
MYM |
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11.2. |
One or more Mid Year Meetings are to be held each year and are to be scheduled by OZFIN Executive Committee. |
AGM |
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11.3 |
The Annual General Meeting (AGM) is to be held directly after the Australian Fin Swimming Championships. |
MYM |
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11.4 |
General Meetings may be conducted as an electronic hookup. |
MYM |
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11.5 |
The host SFC is responsible for supplying a meeting venue and secretarial facilities. |
MYM |
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11.6 |
All motions to be considered at General Meetings of OZFIN are to be called for by the Secretary at least 60 days prior to meetings. |
MYM |
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11.7 |
Agendas for these meetings are to be circulated 30 days prior to the meeting. |
MYM |
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11.8 |
The power of veto can be exercised by two or more states to a motion that was not previously notified. |
MYM |
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11.9 |
Motions voted on and approved at general meetings are to come into effect immediately after the general meeting unless the meeting decides otherwise. |
MYM |
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11.10 |
Voting rights at general meetings are to be: (i) One vote for each OZFIN Office Bearer in accordance with 10.2 and 10.5. (ii) One vote for each SFC that has at least two Clubs with at least 10 members each affiliated to it. (iii) Two votes for each affiliated club which has at least 10 current financial members of the AUF. (iv) One vote for each affiliated club with less than 10 members. (v) A single vote for the remote members, such vote to be determined by a simple majority of the remote members voting on a motion. Tied votes will be deemed to be resolved in the negative. |
MYM |
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11.11 |
Where votes are tied, the Chair will have a casting vote. |
MYM |
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11.12 |
Motions to change the Objects or Rules of OZFIN require a majority of at least 75%. All other motions are decided by a simple majority. |
MYM |
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12.1 |
OZFIN's financial accounts are to be subject to annual financial audit and the auditor's report will be forwarded to the Secretary 60 days prior to the AGM. |
MYM |
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12.2 |
The financial year is to commence on 1 February. |
MYM |
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12.3 |
The assets and income of OZFIN shall be applied solely in furtherance of the Objects and no portion shall be distributed directly or indirectly to the members of the association except as bona fide compensation for services rendered or expenses incurred on behalf of OZFIN. |
MYM |
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13.1 |
Disciplining of members is to conform to the disciplining procedures in the Model Rules as are in force from time to time. |
MYM |
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14.1 |
In the event of OZFIN being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to the AUF or to another association with similar purposes which is not carried on for the profit or gain of its individual members. |
MYM |