Constitution
of “Human Rights Abuses in Islamic Countries”
Objects and Purposes of this Association
- Name
The name of the incorporated association is Human Rights Abuses in
Islamic Countries, hereafter abbreviated to HRAIC or referred to as “the
association”.
- Definitions
“committee” means the committee of management of the association.
“general meeting”means a general meeting of members of the association convened
in accordance with these rules.
“member” means a member of the association.
“the Act” means the Associations Incorporation Act 1985.
“special resolution” means a special resolution defined in the Act.
“month” shall mean a calendar month.
- Objects and Purposes
of the Association.
The objects of the association are to combat, anywhere in the world,
the excesses of political Islam such as jihad and terrorism and the less humane
aspects of Sharia, Islamic law, such as whipping, amputation of limbs and
stoning to death.
- Powers of the
Association
The association shall have all the powers conferred by section 25 of
the Act.
- Membership
Any person who supports the objects of the association and agrees to be
bound by its rules and applies for membership of the association shall be
proposed by one member and seconded by another member. The application for
membership shall be made in writing, signed by the applicant and the proposer
and seconder. Upon the acceptance of the application by the committee the
applicant shall be a member.
- 2Subscriptions
There shall be no subscription fee for membership.
- 3Resignations
A member may resign from membership of the association by giving written
notice thereof to the secretary or public officer of the association.
- 4Expulsion of a
member
(a) Subject to giving a member an opportunity to be heard or make a
written submission, the committee may resolve to expel a member upon a charge
of misconduct detrimental to the interests of the association.
(b) Particulars of the charge shall be communicated to the members at least one
month before the meeting of the committee at which the matter will be
determined.
© The determination of the committee shall be communicated to the member, and
in the advent of an adverse determination the member shall, (subject to 5.4d
below), cease to be a member 14 days after the committee has communicated its
determination to the member.
(d) It shall be open to a member to appeal to the association in general
meeting against the expulsion. The intention to appeal should be communicated
to the secretary or public officer of the association within 14 days after the
determination of the committee has been communicated to the member.
(e) In the event of an appeal under 5.4d above, the applicant's membership of
the association shall not be terminated unless the determination of the
committee to expel the member is upheld by the members of the association in
general meeting after the appellant has been heard by the members of the
association, and in such event membership will be terminated at the date of the
general meeting at which the determination of the committee is upheld.
- 5Register of members
A register of members must be kept and contain:
- the name and address of
each member
- the date on which each
member was admitted to the association
- if applicable the date of,
and reason(s) for, the termination of membership.
- The Committee
6.1 Powers and Duties
- The affairs of the
association shall be managed and controlled by a committee which in
addition to any powers and authorities conferred by these rules may
exercise all such powers and do all such things as are within the objects
of the association, and are not by the Act or by these rules required to
be done by the association in general meeting.
- The committee has
the management and control of the funds and other property of the
association.
- The committee shall
have4 the authority to interpret the meaning of these rules and any other
matter relating to the affairs of the association on which these rules
are silent.
- The committee shall
appoint a public officer as required by the Act.
- 2Appointment
(a) The committee shall be comprised of a chairperson, secretary, treasurer
and five committee members.
(b) A committee member shall be a natural person.
© The first committee of the association shall be appointed from the promoters
of the association, or be comprised of such persons as hold office before
incorporation. The first committee shall hold office until the annual general
meeting after incorporation. At this time, one half of the members of the
committee, who shall be chosen by ballot, shall retire from the committee. At
each subsequent annual general meeting one half of the members of the
committee, being the longest serving members shall retire.
(d) A retiring committee member shall be eligible to stand for re-election
without nomination. No other person shall be eligible to stand for election
unless a member of the association has nominated that person at least 28 days
before the meeting by delivering the nomination of that person to the secretary
of the association. The nomination shall be signed by the proposer and the
nominee.
(e) Notice of all persons seeking election to the committee shall be given to
all members of the association with the notice calling the meeting of which the
election is to take place.
(f) The committee may appoint a person to fill a casual vacancy, and such a
committee member shall hold office until the next annual general meeting of the
association and shall be eligible for election to the committee without
nomination.
- 3Proceedings of
Committee
- The committee shall meet
together for the dispatch of business at least monthly.
- Questions arising at any
meeting of the committee shall be decided by a majority of votes and in
the event of equality of votes the chairperson shall have a casting vote
in addition to a deliberative vote.
- A quorum for a meeting of
the committee shall be one half of the members of the committee.
- A member of the committee
having a direct or indirect pecuniary interest in a contract or proposed
contract, with the4association must disclose the nature cand extent of
that interest to the committee as required by the Act, and shall not vote
with respect to that contract or proposed contract. The member of the
committee must disclose the nature and the extent of his or her interest
in the contract at the next annual general meeting of the association.
- 4Disqualification of committee
members
The office of a committee member shall become vacant if a committee
member is:
- ·Disqualified from being a committee member by the Act
- ·Expelled as a member under these rules
- ·Permanently incapacitated by ill health
- ·Absent without apology from more than four meetings in a
financial year
- ·No longer the duly appointed representative of a corporate
member
- The Seal
The association shall have a common seal upon which its corporate name
shall appear in legible characters.
The seal shall not be used without the express authorization of the committee,
and every use of the seal shall be recorded in the minute book by the
chairperson and secretary.
- General Meetings
8.1 Annual general meetings
- The committee shall call an
annual general meeting in accordance with the Act and these rules
- The first annual general
meeting shall be held within 18 months after the incorporation of the
association, and thereafter within five months after the end of the
financial year.
- The order of the business
shall be:
- The confirmation of
the minutes of the previous annual general meeting and of any special
general meeting held since that meeting.
- The consideration
of the accounts and reports of the committee and the auditor's report
(if auditor's report is required)
- The election of
committee members
- The appointment of
auditors (if required – see rule 11.5)
- Any other business
requiring consideration by the association in general meeting.
- 2Special general
meetings
- The committee can call a
special general meeting of the association at any time.
- Upon a requisition in
writing of not less than 5% of the total number of members of the
association, the committee shall within one month of the receipt of the
requisition, convene a special general meeting for the purpose specified
in the requisition.
- Every requisition for a
special general meeting shall be signed by the relevant members and shall
state the purpose of the meeting.
- If a special general
meeting is not convened within one month, as required by 8.2b above, the
requisionists, or at least 50% of their number, may convene a special
general meeting. Such a meeting shall be convened in the same manner as
nearly as practical as a meeting convened by the committee, and for this
purpose the committee shall ensure that the requisitionists are applied
free of charge with particulars of the members entitled to receive a
notice of the meeting. The reasonable expenses of convening and conducting
such a meeting shall be borne by the association.
- 3Notice of general
meetings
- Subject to 8.3b at least 14
days notice of any general meeting shall be given to members. The notice
shall set out where and when the meeting will be held, and particulars of
the nature and order of the business to be transacted at the meeting.
- Notice of a meeting at which
a special resolution is to be proposed shall be given at least 21 days
prior to the date of the meeting.
- A notice may be given by the
association to any member by serving the member with the notice personally,
or by sending it by post to the address appearing in the register of
members. (see rule 5.5)
- Where a notice is sent by
post:
- The service is
effected by properly addressing, pre-paying and posting a letter or
packet containing the notice; and
- Unless the contrary
is proved, service will be taken to have been effected at the time at
which the letter or packet would be delivered in the ordinary course of
post.
- 4Proceedings at
general meetings
- Seven members present
personally or by proxy shall constitute a quorum for the transaction of
business at any general meeting.
- If after 30 minutes of the
time appointed for the meeting a quorum of members is not present, a
meeting convened upon the requisition of members shall lapse. In any other
case , the meeting shall stand adjourned to the same day in the next week,
at the same time and place and if at such adjourned meeting a quorum is
not present within 30 minutes of the time appointed for the meeting the
members present shall form a quorum.
- Subject to 8.4d the
chairperson shall preside as chairperson at a general meeting of the
association.
- If the chairperson is not
present within 5 minutes after the time appointed for holding the meeting,
or he or she is present but declines to take or retires from the chair,
the members may choose a committee member or one of their own number to be
the chairperson of that meeting.
- 5Voting at general
meetings
- Subject to these rules
every member of the association has only one vote at a meeting of the
association.
- Subject to these rules, a
question for decision at a general meeting, other than a special
resolution, must be determined by a majority of members who vote as
persons or, where proxies are allowed, by proxy, at that meeting.
- Unless a poll is demanded
by at least five members, a question for decision at a general meeting
must be determined by a show of hands.
- A member being a body
corporate shall be entitled to appoint one person, who shall not be a
member of the association, to represent it at a particular general
meeting, or at all general meetings of the association. That person shall
be appointed by the corporate member by a resolution of its board, which
may be authenticated under its seal. Such a person shall be deemed to be a
member of the association for all purposes until the authority to
represent the corporate member is revoked.
- 6Poll at general
meetings
- If a poll is demanded by at
least five members, it must be conducted in a manner specified by the person
presiding and the result of the poll is the result of the meeting on that
question.
- A poll demanded by the
election of a person presiding or on a question of adjournment must be
taken immediately, but any other poll may be conducted at any time before
the close of the meeting.
- 7Special and ordinary
resolutions
- A special resolution is a
special resolution as defined in the Act.
- An ordinary resolution is a
resolution passed by a simple majority at a general meeting.
- 8Proxies
A member shall be entitled to appoint in writing a natural person who
is also a member of the association to be their proxy, and attend and vote at
any general meeting of the association.
- Minutes
- Proper minutes of all
proceedings of general meetings of the association and of meetings of the
committee, shall be entered within one month after the relevant meeting in
minute books kept for the purpose.
- The minutes kept pursuant
to this rule must be confirmed by the members of the association or of the
committee (as relevant) at a subsequent meeting.
- The minutes kept pursuant
to this rule shall be signed by the chairperson of the meeting of which
the proceedings took place or by the chairperson of the next succeeding
meeting.at which the minutes are confirmed.
- Where minutes are entered
and signed, they shall until the contrary is proved, that the meeting was
convened and duly held, and that all appointments made at a meeting shall
be deemed to be valid.
- Dispute resolution
- The dispute resolution procedure
set out in this rule applies to disputes under these Rules between –
- a member and
another member
- a member and the
association
- The parties to the dispute
must meet and discuss the matter in dispute and, if possible resolve the
dispute within 14 days after the dispute comes to the attention of all the
parties.
- If the parties are unable
to resolve the dispute at the meeting the parties may choose to meet and
discuss the dispute before an independent third person agreed to by the
parties.
- In this rule “member”
includes any person who was a member not more than six months before the
dispute occurred.
- Section c) of the Act
provides that where the committee exercises any power of adjudication in
relation to a dispute between members, or a dispute between itself and
members of the association, the rules of natural justice must be observed.
- Section c) in the Act
states that an application to the Court for an order under the section may
be made by a member of an incorporated association or by a former member
expelled from the association (provided that the application is made
within six months of the expulsion) who believes that the affairs of the
association are being conducted in a manner that isw oppressive or
unreasonable.
- Financial Reporting
11.1 Financial Year
The first financial year of the association shall be the period ending
on the next 30th June following incorporation., and thereafter a
period of twelve months commencing on 1 July and ending on 30 June of each
year.
11.2 Accounts to be kept
The association shall keep and retain such accounting records as are
necessary to correctly record and explain the financial transactions and
financial position of the association in accordance with the Act.
11.3 Accounts and reports to be laid before members
The accounts together with the auditor's report on the accounts, the
committee's statement and the committee's report shall be laid before members
at the annual general meeting.
11.4 Annual return
The annual periodical return shall be lodged with the office of
Consumer and Business Affairs within six months after the end of each financial
year. It must be accompanied by a copy of the accounts, the auditor's report,
the committee's statement and the committee's report.
11.5 Appointment of auditor
- At each annual general
meeting, the members shall appoint a person to be auditor of the
association.
- The auditor shall hold
office until the next annual general meeting and is eligible for
re-appointment.
- If an appointment is not
made at an annual general meeting, the committee shall appoint an auditor
for the current financial year.
- Prohibition against
securing profits for members.
The income and capital of the association shall be applied exclusively
to the promotion of its objects and no portion shall be paid or distributed
directly or indirectly or their associates except as bona fide remuneration of
a member for services rendered or expenses incurred on behalf of the
association.
- Winding up
The association may be wound up in the manner provided for in the Act.
- Application of
surplus assets
- If after the winding up of
the association there remains “surplus assets” as defined in the Act such
surplus assets shall be distributed to any organization which has similar
objects and has rules which prohibit the distribution of its assets and
income to its members.
- Such organization or
organizations shall be identified and determined by a resolution of
members in general meeting.
- Rules
These rules may be altered (including an alteration to the
association's name) by a special resolution of the members of the association.
This includes recision or replacement by substitute rules.
The alteration shall be registered with the Office of Consumer and Business
Affairs and Compliance Branch as required by the Act.
The registered rules shall bind the association and every member to the same
extent as if they have respectively signed and sealed them, and agreed to be
bound by all of the provisions thereof.