Mustang Owners Club of South Australia Inc. Constitution

BY-LAWS AND RULES SUBSIDIARY TO THE MOCA INC.
UNDER ASSOCIATION ACT 1956.
NAME

1. The name of the incorporated association is the “Mustang Owners Club of South Australia Incorporated”, herein-after called the “Club”.

OBJECTS

2. (a) To promote and foster and conduct the sport of automobilism and motor sport generally in all its branches.

(b) To promote friendship and courtesy on the road socially and in competition between Members of the Club.

(c) To promote and engender social activities.

(d) To conduct meetings and classes whereby Members may obtain knowledge enabling them to become better drivers and to maintain their vehicles to a high standard of efficiency.

(e) To be affiliated with National Body, mainly MOCA Inc.

MEMBERSHIP

3. (a) Membership shall be limited to the following persons:

i) Persons who currently own a Mustang defined as the sole owner, joint owners, or principal registered owner/owners;

ii) Persons who have been awarded Life Membership of the Club.

NOTE: For purposes of clarity, persons being accepted to the Club under 3.
(a) (i and ii) are herein called “Member”.

(b) Life Membership shall be:

i) Persons who have been a Member of the Club continuously for a minimum of 20 years and served the Club in a conspicuous manner.

ii) A Life Member shall have all the privileges of a Member but shall not be liable to pay the annual subscription or other charges, levies or calls
payable by a Member.

iii) Nominations are presented to the Annual General Meeting by the Executive Committee and must be approved by at least two-thirds of
those present and entitled to vote.

(c) Applications for Membership shall be made on the form provided and shall be considered by the Executive Committee.

(d) The Executive Committee in its discretion may approve or refuse or terminate the Membership of the person.

(e) Each person on becoming a Member of the Club shall be bound by the Constitution and or By-Laws and Rules of the Club and the decisions of the Executive Committee.

SUBSCRIPTION

4. (a) The Joining Fee and Annual Subscription Fee shall be as defined by the Executive Committee and approved by the Annual General Meeting, and upon renewal of Membership the Annual Subscription Fee shall be payable on or before the 1st day of August each year.
(Reviewed at each Annual General Meeting).

(b) A Joining Fee and Annual Subscription is payable by all new members.

(c) An Annual Subscription is payable by all members excluding Life Members.

(d) Annual Subscription becomes due and payable after the Annual General Meeting. If Subscription is unpaid by the last day of August, membership shall be deemed lapsed, whereby the member forfeits all rights and privileges, has no claim on the Club or its property, and is bound to return Club property. An  application to join accompanied by Joining Fee and Subscription will be required to become financial.

MANAGEMENT

5. (a) The Management of the Club shall be vested in an Executive Committee which shall consist of the President, Vice President, Secretary, Treasurer, Public Officer and a minimum of four (4) other members.

(b) The President for the time being or in his/her absence, the Vice President, shall be the Chairperson of all meetings.

(c) The Executive Committee must comprise financial members of the Club as defined in 3(a) (i and ii).

EXECUTIVE COMMITTEE

6. (a) The Executive Committee shall comprise the President, Vice-President, Secretary and or Treasurer and a minimum of four (4) other members.

(b) The Authorised Signatories of the Club bank accounts shall comprise the President, Vice-President, Secretary and Treasurer.

(c) At the conclusion of their terms of office (12 months), all Executive Committee Members shall be eligible for re-election at the Annual General Meeting.

(d) Any office becoming vacant during the financial year may be filled by a person nominated by the Executive Committee for the period up to the Annual General Meeting.

(e) The Executive Committee shall have power to make and publish any By-Laws and Rules for the better management and control of the Club which shall not be inconsistent with these By-Laws and Rules, and shall have the power to invite any other persons to attend Executive Committee Meetings who may be of  assistance to them in a professional and technical or skilled manner for his or her advice and guidance thereon, provided that such persons shall not be entitled to vote upon the Executive Committee.

(f) Any Member of the Executive Committee failing to attend three (3) consecutive Executive Committee Meetings without apology or just cause shall therefore, render him/herself liable to exclusion from that Office or Committee.

(g) Provided that they are consistent with this Constitution, the Executive Committee may make, rescind and amend any By-Laws and Rules expedient to the internal management of the Club. 

(h) Any such By-Laws and Rules shall be deemed equal to the Constitution in binding members.

(i) The Executive Committee is the final authority for interpretation of the Constitution, By-Laws and Rules, and for decision on any matter arising.

FINANCIAL YEAR

7. The Financial Year of the Club shall conclude the thirtieth day of June each year. Financial records may be closed prior to this date in order to allow sufficient
time for audit prior to July meeting.

ANNUAL GENERAL MEETING

8. (a) The Annual General Meeting shall be held during July in each year, at such time and place as the Executive Committee may determine, for the purpose of electing Executive Committee Members and Auditors for the ensuing year, for determining Joining Fee and Annual Subscription, and for transacting such other business as shall have been specified in the notice convening such meeting.

(b) At every Annual General Meeting of the Club, the President’s Report and the Treasurer’s audited Balance Sheet and financial statements for the
immediately preceding year shall be submitted for adoption.

(c) Members – as defined in 3. (a) (i and ii), only are eligible to vote.

(d) The President or Vice-President shall take the chair at all General Meetings, and in their absence, the members present may elect their own Chairperson. The Chairperson at any meeting, in addition to his/her vote as a Member, shall have a casting vote.

QUORUM

9. (a) At the Annual General Meetings, Special Meetings or Ordinary Meetings, a quorum shall be nine (9) members present, and at an Executive Committee
Meeting, three (3) members.

(b) If a quorum is not present within thirty minutes of the nominated time, the Members present may adjourn the meeting to such time and day within one (1) month, as they may decide.

NOTICE OF MEETING

10. The Secretary shall give at least seven (7) days’ notice in writing of any Annual General Meeting or Special General Meeting to all voting members.

FUNDS

11. The Funds of the Club shall be banked in the name of the Club, and the bank account shall be operated upon by any two (2) of the President, Vice-President,
Secretary and Treasurer, or as directed by the Executive Committee and approved by a General Meeting.

ACCOUNTS

12. All accounts for payment shall be presented to the Executive Committee for consideration prior to passing for payment. Furthermore, no Executive Committee Member or Member shall incur any expense or dispense of any funds or render the Club liable for any obligation, which has not at first been authorised by the Executive Committee of the Club.

AUDIT

13. An Auditor or Auditors shall be elected at each Annual General Meeting and it shall be their responsibility to examine all accounts, vouchers, receipt books, etc., and furnish a report thereon at the Annual General Meeting. Audits shall be conducted at regular intervals of 12 months.

AMENDMENTS TO BY-LAWS AND RULES

14. By-Laws and Rules may be altered at the Annual General Meeting or Special Meeting subject to a notice of alteration specifying the proposed change(s) having been received by the Secretary not less than fourteen (14) days prior to the meeting, to enable a copy of the proposed alteration to be included in the notice to members. The proposed alterations must be approved by at least two thirds of those present and entitled to vote.

DISSOLUTION

15. The Club shall be dissolved in the event of the membership being less than nine (9) members or upon a majority of not less than three quarters of such members of the association as, being entitled to do so, vote in person or, where proxies are allowed, by proxy, at that meeting convened to consider such question. Upon dissolution, assets and funds on hand may, after payment of all expenses and liabilities, be handed over to such other club of similar association having objects such as are stated in Article 2 (a-e) of these By-Laws and Rules, or such registered charity as a majority of Members present at a General Meeting may decide.

MATTERS NOT PROVIDED FOR

16. Any matters not provided for in these By-Laws and Rules, under the discretion of the Executive Committee, shall be referred to the Annual General Meeting or Special Meeting convened for such purposes.

POWERS OF THE ASSOCIATION

17. The association shall have all the powers conferred by section 25 of the Act.

By-Laws and Rules

MEMBERSHIP

(a) To become a member of the MOC of SA, the person/s must be the owner/s of a Mustang (proof of ownership must be sighted), apply for membership on the application provided and be accepted by the Executive Committee.

(b) Upon applying and being accepted to the MOC of SA, the Club recognizes that a husband / wife / or de facto partner over the age of 18, shall be defined as the owner/s of the vehicle but only one (1) membership number shall be issued. Accordingly, the owner / owners will be considered members of the Club and will be eligible to vote and nominate for the Executive Committee and / or Office Bearer positions.

CONDITIONAL REGISTRATION

(c) The Mustang Owners Club of SA (MOCSA) Inc. has registered with the Federation of Historic Motoring Clubs SA Inc., to be party to the Conditional Registration of Historic Vehicles and Prescribed Left Hand Drive Vehicles scheme. Commonly known as Conditional Registration, this scheme is available to owners of historic vehicles that are more than 30 years old and prescribed left hand drive vehicles that were manufactured before 1 January 1974 and have not been altered from the Original Equipment Manufacturers (OEM) specifications apart from variations allowed in this code. These dates may change in accordance with the  ’Conditional Registration of Historic Vehicles and Prescribed Left Hand Drive Vehicles’, the Motor Vehicles Act 1959 and Regulations 1996 and the Road Traffic Act 1961 and Regulations 2010.

Historic vehicles and prescribed left hand drive vehicles may be accepted for Conditional Registration provided the appropriate approval is completed and signed by an authorised person (Vehicle Dating Officer) of the club of which the applicant is a financial member.

The Code of Practice outlines the responsibilities of all stakeholders involved in the Historic Vehicle Registration Scheme and should be read in conjunction with the handbook ’Conditional Registration of Historic Vehicles and Prescribed Left Hand Drive Vehicles’, the Motor Vehicles Act 1959 and Regulations 1996 and the Road Traffic Act 1961 and Regulations 2010.

Financial members of MOCSA can take advantage of this scheme by presenting their Mustang(s) for inspection and authorisation by the Club’s Vehicle Dating Officers, for which a MR334 form will be completed and upon registration of the vehicle, a Log book will be issued to the member. In addition, MOCSA financial members can also use the scheme to register motor vehicles (i.e. cars only) other than a Mustang as long as the Club’s Vehicle Dating Officers are comfortable the vehicle meets the conditions of the Conditional Registration Code of Practice.

When a member’s annual subscription lapses, the member will be deemed non-financial and in accordance with the Code of Practice 3.4, all vehicles registered against the member and under the scheme are deemed to be cancelled. The member must return the log book(s) for cancellation and then retain the book for the history of the vehicle. The Vehicle Dating Officer has 14 days to notify the Registrar of such cancellations.

A financial member can appeal the decision of the Vehicle Dating Officer to refuse Conditional Registration of a vehicle by writing to the MOCSA Secretary/Treasurer justifying their position. The MOCSA Executive Committee in its discretion may approve or refuse a member’s vehicle to the scheme.

Note: The above addition of (c) was ratified at the Special General Meeting of 16 February 2011