Title

The club shall be known as HERITAGE MOTORCYCLE CLUB W.A. Inc.

Heritage Motorcycle Club Key Objectives

  • Dedicated to the preserving, restoring and riding veteran, vintage and post vintage motorcycles to 1965 inclusive.
  • Organising Heritage Motorcycle Club events to pursue restoration, riding and enjoyment of veteran, vintage and post vintage motorcycles.
  • Providing through the Club’s Committee services sought by the membership to further the objectives of the Club.

Not for Profit Body

(a) The income and property of the club shall be applied solely towards the promotion of the objects or purposes of the club. No part of that property or income shall be paid or otherwise distributed, directly or indirectly, to any member of the club, except in good faith in the promotion of those objects or purposes.

(b) A payment may be made to a member or non-member out of the funds of the club only if it is authorised under sub rule (c).

(c) A payment to a member or non-member out of the funds of the club is necessarily authorised by the Committee if it is:

(i) the payment in good faith to the member or non-member as reasonable remuneration for any services provided to the club, or for goods supplied to the club, in the ordinary course of business; or

(ii) the reimbursement of reasonable expenses properly incurred by the member or non-member on behalf of the club.

(d) Committee members do not receive payment for attending Committee Meetings, General Meetings or Special General Meetings.

Membership

(a) Open to any person who is currently riding veteran, vintage and post vintage motorcycles produced up to and including 1965, or has an interest in, and who agrees to abide by the rules of this club at all events and the requirements of the 404 concessional Licensing (refer advice note).

(b) An application for membership of the club must be in writing and must include a member’s nomination of the applicant for membership.

(c) The committee may reject an application and is not required to give the applicant its reasons for doing so.

(d) An applicant becomes a member when the committee accepts the application and the applicant pays the membership fee.

(e) Membership ceases when any of the following takes place:-

(i) the member dies;

(ii) the person resigns from the club:

(iii) the person is expelled from the club;

(iv) the person ceases to be a member because the membership fee has not been paid within the period of three months after the due date determined by the committee.

(f) The annual membership fee shall be determined from time to time by the committee.

(g) Under section 29 of the Act a member of the committee, trust or a member of the association is not liable in respect of the liabilities of the association at the time of incorporation.

Register of Members

(a) The Secretary, or another person authorised by the committee, is responsible for the requirements imposed on the club under Section 53 of the Associations Incorporation Act 2015 (“the Act”) to maintain the register of members and record in that register any change in the membership of the club.

(b) The register must include each member’s

(i) name;

(ii) residential address;

(iv) email address; or

(v) information, by means of which contact can be made with the member; and

(vi) the date on which each member became a member.

(c) The register of members must be kept at the Secretary’s place of residence, or at another place determined by the committee.

Management of the Club

(a) The management of the club shall be vested in the General Committee (“the committee”) which shall consist of the Chairperson, Vice Chairman, Secretary and Treasurer, plus not less than one and not more than three non-office committee members.

(b) In the absence of the Chairman, the committee members at the meeting must choose one of their number to act as Chairperson.

(c) All positions shall become vacant at the Annual General Meeting and all officers shall be eligible for re-election.

(d) Office bearers shall be elected at the Annual General Meeting and shall hold office until the next Annual General Meeting.

(e) Any office bearer or member of the committee failing to attend three consecutive committee meetings without apology or just cause shall thereby forfeit their position from that office or committee.

(e) Any office becoming vacant during any period of twelve months may be filled by the committee and the person elected shall hold office until the next Annual General Meeting.

(f) At any committee meeting, a quorum shall be four committee members present.

(g) The procedure to be followed at a committee meeting shall be determined from time to time by the committee.

(h) Unless another member is authorised by the committee to do so, the Secretary is responsible for making and keeping records of the proceedings at committee meetings.

Meetings

(a) At least six General Meetings shall be held each year, to coincide with each club run, as yet be determined.

(b) The Annual General Meeting shall be held in lieu of the General Meeting in March.

(c) Special meetings may be conducted with at least fourteen days notice required where constitution or policy changes are contemplated.

(d) At the Annual General Meeting, General Meetings or Special Meetings, a quorum shall be ten members present.

(e) The procedure to be followed at the Annual General Meeting, General Meetings or Special Meetings must be determined from time to time by the committee.

(f) At least seven clear days notice of intention to convene any General Meeting or Special General Meeting shall be given to all members. That notice shall be given by means of either by email, social media or by post to all financial members.

(g) Notices of motion are not required in advance and motions may be put at the meeting.

(h) Every financial member shall be entitled to one vote at every General Meeting, Annual General Meeting or Special General Meeting and may appoint, by notice in writing, any other member his proxy, which notice shall be deposited with the Secretary prior to the commencement of the meeting in respect of which the proxy is appointed.

(i) If 20 percent of members so require, a Special General Meeting may be convened. The members requiring a Special General Meeting must make the requirement in writing to the Secretary, state in the notice the business to be considered at the meeting and each sign the notice.

Finance and Audit

(a) A bank account will be opened in the name of the club with the Chairperson, Treasurer and Secretary as signatories (two to sign).

(b) The club’s accounts will be submitted to the Annual General Meeting every year and these accounts will be checked and ratified by the club members. An audit will be arranged if required.

(c) The financial year of the club shall commence on 1 March each year.

Alteration to the Constitution

For any alteration or addition to the Constitution a minimum of fourteen days prior notice of the meeting is to be given. A majority of 75 percent of the vote of financial members must be achieved in order to make any change.

Custody of Documents

The Secretary shall be responsible for ensuring the safe custody of the books of the club, other than the club’s financial records, financial statements and financial reports. The Treasurer shall be responsible for ensuring the safe custody of the club’s financial records, financial statements and financial reports.

Inspection by Members of Club Records

(a) Any member who wishes to inspect the register of members or any other record or document of the club must contact the Secretary to make the necessary arrangements.

(b) The inspection must be free of charge.

(c) If a member wishes to inspect the minutes of a committee meeting, the right to inspect that document is subject to the approval of the committee.

(d) The member may make a copy of or take an extract from a record or document referred to in sub paragraph (a) but does not have a right to remove the record or document for that purpose.

(e) If:

(i) a member inspecting the register of members wishes to make a copy of, or take an extract from, the register under section 54(2) of the Act; or

(ii) a member makes a written request under section 56(1) of the Act to be provided with a copy of the register of members,

the committee may require the member to provide a statutory declaration setting out the purpose for which the copy or extract is required and declaring that the purpose is connected with the affairs of the club.

Dispute Resolution

(a) In the event of a dispute, the procedures for dispute resolution of the model rules and guidance notes for constitutions shall be adopted; refer Part 4, Division 3: Resolving Disputes rules 17 to 21 and in Division 4: Mediation rules 22-24

Dissolution

(a) The club will be considered dissolved if there is less than six financial members or upon the vote of three-quarters majority of the members present at a Special General Meeting convened to consider such question.

(b) If upon dissolution or winding up of the club there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to, transferred to or distributed amongst the members of the club. It must be distributed as determined by special resolution by reference to the persons mentioned in section 24(1) of the Act.

Definitions

Definitions are derived from the Commissioner for Consumer Protection “Model Rules” or Constitution, a copy of which can be viewed at the following link: www.commerce.wa.gov.au/modelrules.

Heritage Motorcycle Club of W.A. Inc. Contact

Secretary: hmcwa065@gmail.com