Mustang Owners Club of South Australia Inc. Constitution

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

NAME
OBJECTS
MEMBERSHIP
SUBSCRIPTION
MANAGEMENT
EXECUTIVE COMMITTEE
FINANCIAL YEAR
ANNUAL GENERAL MEETING
QUORUM

NOTICE OF MEETING
FUNDS
ACCOUNTS
AUDIT
AMENDMENTS TO BY-LAWS AND RULES
DISSOLUTION
MATTERS NOT PROVIDED FOR
POWERS OF THE ASSOCIATION

BY-LAWS AND RULES

NAME

1. The name of the incorporated association is the “Mustang Owners Club of South Australia Incorporated”, herein-after called the “Club”.  Incorporation Number: A21887

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 and are known as a Full Member.

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

          iii) Persons who have been accepted as Associate Members of the Club.

NOTE: For purposes of clarity, persons being accepted to the Club under 3.
(a) (i, ii and iii) 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 Full 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) Associate Membership shall be limited to:

          i) Persons who were financial Members of the Club, but have since disposed of their Mustang, and wish to retain membership for subsequent                 years at the discretion of the Committee.

         ii) An Associate Member will not have voting rights.

        iii) An Associate Member cannot hold an Executive Position on the MOCSA Committee.

        iv) Associate Membership applications will only be accepted at the discretion of the Committee.

         v) Associate Member shall have access to the Club’s Conditional Registration Scheme.

        vi) Associate Membership ongoing Annual Subscriptions will be subject to review at the AGM as defined under Subscriptions 4(a).

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

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

(f) 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.

(g) A member may resign from the Club at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that later date.

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 as defined under 3 (a) (i).

(c) An Annual Subscription is payable by all members as defined under 3 (a) and (c) 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 rejoin accompanied by Joining Fee and Subscription Fee will be required to become financial after a specific date.

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 their 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, 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) The Executive Committee will have a maximum Term of Tenure for the following positions – President, Vice President, Secretary and Treasurer.

• President
  • Yearly election, if re-elected the following applies
  • Term (3 years, plus 3 years – Maximum 6 years)
  • Commencing 2025-26 Financial Year

• Vice President
  • Yearly election, if re-elected the following applies
  • Term (3 years, plus 3 years – Maximum 6 years)
  • Commencing 2026-27 Financial Year
• Secretary
  • Yearly election, if re-elected the following applies
  • Term (3 years, plus 3 years – Maximum 6 years)
  • Commencing 2025-26 Financial Year
• Treasurer
  • Yearly election, if re-elected the following applies
  • Term (3 years, plus 3 years – Maximum 6 years)
  • Commencing 2026-27 Financial Year

(d) At the conclusion of their terms of office (President – after a maximum 6 year term, Vice President – after a maximum 6 year term, Secretary – after a maximum 6 year term and Treasurer – after a maximum 6 year term), shall step down from their role in the Executive Committee. These members shall be eligible to stand for any other position on the Committee other than the one they vacated, and if no nomination is received for the position they vacated at the AGM and if they want to continue for another year then the Committee by agreement can extend that position for a further 12-month period.

(e) Resolution

     (i)  Term Limit: Executive members shall serve a term of one year at a time.

    (ii)  Applicable Positions: The term limits shall apply only to the President, Vice President, Secretary and Treasurer positions.

   (iii)  Nomination: Any authorized member of the Mustang Owners Club of South Australia may nominate for an executive position for a term of one             year. Upon expiry, they may nominate for re-election for further terms of one year at a time.

   (iv)  Eligibility for Re-Election: After completing their initial three-year term, an executive member may seek re-election for the same position for a             further three years, making a maximum total of six years before being required to step down from the position.

    (v)  Extension of Term: If the full term of tenure (six years) has been reached for an executive position and no nomination has been received, the               current serving committee, by agreement, can extend that position for a further 12-month period.

   (vi)  Mandatory Stand Down: Upon completing a period of six years or part thereof, any member holding an executive position must stand down                 from the position for a minimum of 12 months. However, they may nominate for an executive position not previously held by that member in                 the preceding six years.

  (vii)  Rotation and Diversity: The club encourages diversity by promoting different individuals to executive roles.

 (viii)  Transitional Period: If an executive member resigns or completes their term mid-year, the remaining period shall not count toward the term                  limit for their successor.

   (ix)  Effective Date: This resolution shall take effect from the next AGM following its adoption.

   (x)   Regular Committee Positions: Regular committee positions will have no limit on tenure.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

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

(k) 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 (if possible) 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 thirty (30) members present, and at an Executive Committee Meeting, five (5) members.

(b) If a quorum is not present within thirty (30) 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. (a) All accounts for payment shall be presented to the Executive Committee for consideration prior to passing for payment unless the Executive Committee approves the Treasurer to make payments based on invoices received in a timely manner and provide periodic reports.

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

(b) MOCSA is a Not-For-Profit association/organisation and is not subject to GST payments and is exempt from taxation payments as the Club administers membership of owners of Ford Mustangs.

(c) Not-For-Profit (NFP) organisations are organisations that provide services to the community and do not operate to make a profit for its members. MOCSA uses the money it receives to help fund the organisation’s objectives and goals.

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. (a) 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 Objects 2 (a-d) of these By-Laws and Rules and subject to section 43 (1a) of the Act, or to such registered charity as most members present at a General Meeting may decide.

(b) As per Section 23A (c) (vi) of the Act, the Executive Committee has the management and control of the funds and other property of the association.

MATTERS NOT PROVIDED FOR

16. Any matters not provided for in these By-Laws and Rules, or the Act, 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

CONDITIONAL REGISTRATION

MEMBERSHIP

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

(b) Membership of the Mustang Owners Club of SA is also open to Associate Members who meet the criteria under 3(c).

(c) Upon applying and being accepted to the Mustang Owners Club 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 as defined in 3(a) (i and ii).

CONDITIONAL REGISTRATION

(a) 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, Prescribed Left Hand Drive Vehicles,  Street Rod Vehicles and Individually Constructed Vehicles scheme. Commonly known as Conditional Registration, from 1 July 2022, a vehicle will be eligible as a historic or left-hand drive vehicle under the Conditional Registration Scheme if it is aged 25 years from 1st January of the year in which the vehicle was manufactured.

The Code of Practice for Club Registration for the Scheme should be read alongside the requirements of the Motor Vehicles Act 1959, the Motor Vehicles Regulations 2010, the Road Traffic Act 1961, and associated regulations and the Australian Design Rules. Copies of the South Australian legislation are available at www.legislation.sa.gov.au

For the purposes of Section 25(1)(a) of the Motor Vehicles Act 1959, regulation 16 of the Motor Vehicle Regulations 2010 provides the following definitions for the purpose of conditional registration.

(b) HISTORIC VEHICLE

A motor vehicle is a Historic Vehicle if 25 years or more have elapsed since 1st January of the year in which the vehicle was manufactured.

(c) PRESCRIBED LEFT-HAND DRIVE VEHICLE

A motor vehicle is a Left-Hand Drive Vehicle if:

• 25 years or more have elapsed since 1st January of the year in which the vehicle was manufactured;
• The vehicle has its steering wheel on the left of the longitudinal axis of the vehicle;
• Has in force a Certificate of Exemption under section 163AA of the Road Traffic Act 1961 from compliance with specified Australian design rules or other vehicle standards.                                                                                                                                                                                                                                                                                                                                                                                                           

(d) A STREET ROD VEHICLE

A Street Rod Vehicle is a vehicle that:

• Has a body and frame that were manufactured before 1949; or
• Is a replica of a vehicle the body and frame of which were built before 1949; and
• Has been modified in accordance with requirements or specifications accepted by the Registrar of Motor Vehicles – e.g. the National Guidelines for the Construction and Modification of Street Rods in Australia; and
• Has in force a Certificate of Exemption under section 163AA of the Road Traffic Act 1961 from compliance with specified Australian design rules or other vehicle standards.                                                                                                                                                                                                                                                      

(e)  INDIVIDUALLY CONSTRUCTED VEHICLE

• • Individually Constructed Vehicles (ICV’s) are now eligible for conditional registration in SA.
  • The SA Government has approved from 16 November 2023 for ICV’s to be eligible for Conditional Registration.
  • The new Code of Practice for Historic, Left-Hand Drive, Street Rod and Individually Constructed Vehicles dated January 2024 has all the details. 

  •        Individually Constructed Vehicles are constructed by an individual typically as a one-off type vehicle built to an individual plan or design. An Individually Constructed Vehicle (ICV) is a new vehicle that is not a Production Vehicle, Modified Production Vehicle or a Production Vehicle which has had the body or chassis replaced. Not only must high quality components be used, but all components used in the design must be correctly matched to each other to ensure safe operation, performance, and compliance with the relevant standards. The vehicle must meet construction requirements for ICV (including ADRs) as set out publicly by the Department in fact sheets and/or web pages. To qualify for the Scheme, an ICV must have undergone all of the required Department inspections and be categorised by the Department as a registrable vehicle prior to seeking access to Scheme registration.

(g) Historic Vehicles, Prescribed Left-Hand Drive Vehicles, Street Rod Vehicles and Individually Constructed 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.

(h) Eligibility for Club Registration is subject to membership of the Club. This covers Full Members (Constitution 3(a) (i), Life Members (Constitution 3(a) (ii), and Associate Members (Constitution 3(a) (iii) ).

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 members can also use the scheme to register vehicles other than a Mustang if the Club’s Vehicle Dating Officers are comfortable the vehicle meets the conditions of the Conditional Registration Code of Practice.

NOTE: Any family member can also apply to include their vehicle on Club Registration with the Club as long as it meets the regulations.

The Annual Fee for the Log Book stamping shall be defined by the Executive Committee and approved by the Annual General Meeting, and upon renewal of Membership and Log Book stamping the Fee shall be payable on or before the 1st day of August each year. If Subscription is unpaid by the last day of August, membership shall be deemed lapsed. A reminder will be sent advising the member that fees and Log Book stamping must be achieved by 30th Sept otherwise membership will be suspended and an application to join accompanied by Joint Fee and Subscription will be required to become financial.

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 changes to the Constitution were ratified at the Special General Meeting on 21 August 2024.