THE CONSTITUTION
Submitted upon Incorporation February 1996; Amended July 2001, August 2002 *
1.0
NAME
1.1 The
club shall be called “Murdoch University Divers Club” hereinafter referred to
as “The Club”.
2.0
AIMS AND
OBJECTIVES
2.1 The main
aim of “The Club” shall be to encourage, develop and promote snorkelling and
SCUBA diving. “The Club” shall also do the following:
a. Encourage a high standard of safety amongst its
members.
b. Organise trips, regular meetings and other
activities.
c. Arrange all such things ancillary to the attainment
of the above objectives.
d. Encourage and support marine research and the conservation of the Environment.
3.1 Ordinary membership shall consist of the following two classes:
a.
University staff and students;
b.
Externals who are not in the above class.
3.2 Social
membership of “The Club” shall be open to any person. Social members may not
have access to any of “The Club” equipment, other than as passengers in “The
Club” boats and tank (cylinder fills). Social members do not have voting rights
at any club meetings.
3.3 Financial
membership of “The Club” shall be current from July 1st until June
30th of the following year.
3.4 Ordinary
members of “The Club” shall be entitled to the following privileges:
a.
Stand for any position on the committee.
b.
A single vote at any general meeting.
c.
Participate in any activities arranged by “The Club”.
d.
Receive a copy of “The Club” newsletter.
e. Use of the facilities subject to payment of any
requisite fees, provided that such members can satisfy the respective officer
of their competence to use the same.
4.1 The Executive of “The Club” shall consist
of the following:
a. President who’s Duties includes:
To
act as Chairperson for all meetings of “The Club”;
To
coordinate and supervise the activities of executive members;
To represent “The
Club” in matters relating to the club;
To
authorize expenditure of the funds of the club, providing that it is not in
contradiction to the agreement of the Executive Committee;
To
maintain custody of and responsibility for the use of “The Club” common seal.
b. Vice President
who’s Duties includes:
To assist “The Club” President when required
c. Secretary
who’s Duties includes:
To record the minutes of all meetings of ‘The Club”, including;
Annual General
Meeting Minutes
General Committee meeting Minutes
Maintain a minutes file;
Ensure that minutes are signed by the Chairperson of the meeting;
To maintain a register of members;
To maintain club records, which may be inspected by “Club” members.
d. Treasurer
who’s Duties includes:
To keep a proper book of accounts dealing with the property and finance of “The Club”.
To prepare a financial statement showing all receipts and payments of “The Club” for the receding year at “The Club’s” Annual General Meeting.
To familiarize members of “The Club” with accounts and financial status of the club.
To make available these records to club members for inspection.
4.2 The Executive shall exercise such powers as the committee delegates to it.
5.0 THE COMMITTEE
5.1 The
conduct of the affairs of “The Club” shall be vested in a Committee. Management
shall be in accordance with the Schedule to this Constitution.
5.2 The
Committee shall have power to do all things as may be incidental or conducive
to the attainment of the aims of “The Club” as set out in Clause 2 of this Constitution
and shall have power to make regulations to that end. Any such regulations
which are contradictory with this constitution shall to the extent of such
contradiction, be void and have no effect.
5.3 Nominations
for membership of the Committee shall be called for prior to the Annual General
Meeting. The Committee will be elected at the Annual General Meeting.
5.4 Positions on the Committee shall be:
A.
President
b.
Vice President
c.
Treasurer
d.
Secretary
e.
Dive Boat Officer
f.
Equipment Officer
g.
Student Representative
h.
Environmental Officer
i.
General Representative/ Newsletter Editor
j.
Dive Officer
5.5 Non-executive committee positions may be filled by more than one person.
5.6 The
quorum for a Committee meeting shall be six, at least three of whom shall be
members of the executive.
5.7 Any
Committee member who fails to attend more than two consecutive meetings and
fails to provide adequate reason for absence shall be considered to have
resigned.
6.0 GENERAL MEETINGS
6.1 “The
Club’ shall hold an Annual General Meeting during the First University semester
at a time and place to be decided by the Committee.
6.2 General meetings shall be held at least
twice a year.
6.3 Extraordinary
general meetings may be held at any time, either at the discretion of the
Committee or if a request, stating the nature of the business to be discussed,
signed by at least ten club members is received at least 14 days before the
date of the proposed meeting.
6.4 The
quorum for a general meeting shall be at least twenty-five percent (25%) of
ordinary members.
6.5 Each
member shall be forwarded a notice of any general meeting, at least seven days
before the date of the meeting.
7.0 FINANCE
7.1 The Treasurer shall manage “The Club” finances. The Treasurer will be responsible for keeping an itemized ledger of “The Clubs” accounts including:
a. Diving Equipment
b. Dive Boat
c. Any other separate activities which may arise in “The Club”.
The ledger is to run as a fully balancing account.
7.2 “The Club” shall levy an annual subscription from all members other than Life Members. Such subscriptions shall not be excessive.
7.3 “The Club” shall levy maintenance fees from members for the use of club equipment.
7.4 “The Club” shall not spend in excess of $400.00 for the purchase of any items or in excess of $800.00 for the maintenance of any existing items without first receiving approval for such expenditure from a committee meeting. Any items which have been presented in a budget which has been passed at an Annual general meeting shall be deemed to have received approval as above.
7.5 General Revenue, that is income, derived other than from loan charges not allocated to a particular activity may be distributed at the discretion of the committee.
7.6 Any particular item of equipment which appears to be running at a loss shall be brought to the attention of the committee meeting for review.
7.7 “The Club” shall make no gift to any individual or body.
7.8 The
property and income of “The Club” shall be applied solely towards the promotion
of the objects or purposes of “The Club” and no part of that property or income
may be paid or otherwise distributed, directly or indirectly, to members of
“The Club”, except in good faith in the promotion of those objects or purposes.
8.0 PROPERTY
8.1 All property acquired by “The Club” shall be charged to an inventory and shall be accounted for annually. Property so acquired shall be the sole property of “The Club”.
8.2 “The Club” Equipment officer(s) shall be responsible for all club property except boat(s). The Dive Boat officer shall be responsible for the boat(s). These officers shall ensure that all maintenance schedules are carried out as are necessary for the equipment to be kept in optimum condition.
9.0 ACCOUNTS AND RECORDS
9.1 Proper books of account shall be kept in relation to funds and property.
9.2 Complete minutes shall be recorded for
all meetings of “The Club”.
10.0 SAFETY
10.1 All members will agree to abide by the safety regulations of “The Club” as listed in 10.2.
10.2 Safety Regulations: General
1. Members
of “The Club” and users of the club equipment are responsible for their own
safety at all times and “The Club” will not accept liability for any injury,
loss or damage arising from use of club equipment or participation in club
activities.
2. No
member of ‘The Club’ will dive with SCUBA equipment loaned from‘
The Club’ or on a club organized dive unless accompanied at all times by another
diver in a pre-arranged ‘BUDDY’ system.
3. No
member will allow the use of club SCUBA equipment by any person who has not
attained the equivalent of ‘Open Water Qualification’ unless for the purpose of
undergoing training for such qualification.
4. No SCUBA
equipment will be loaned to any member unless that members’
diving qualification has been sighted by a committee member or a member
performing the duties of equipment officer on roster.
5. While
using Club equipment, or on a club organized dive, no member will undertake a
dive which would require a decompression stop as recommended under any approved
dive tables. All dives will be ‘no decompression dives’.
6. While
using club equipment or on a club organized dive, no member will dive to a depth
exceeding 20 metres without the specific assessment of a qualified dive master.
7. While
using club equipment or on a club organized dive after sundown, each member
must dive with a water-proof torch, and chemical light stick or alternative
light source.
8. No
member while using club SCUBA equipment or on a SCUBA dive organized by “The
Club” will engage in spear fishing.
9. No SCUBA
tank is to be filled by club members or with club equipment unless it has
undergone an authorized hydrostatic test within the previous twelve months and
bears the appropriate stamp.
10. All
members should surface with at least 50 bar pressure remaining in their tank.
10.3 Safety Regulations: Club Chartered Boat Dives (cont.)
1. All
members should surface with at least 50 bar pressure remaining in their tank.
2. A deck
watch will be maintained for all dives and a suitably qualified coxswain will
remain on the boat for the duration of all dives.
3. A
qualified Dive Master must be present on all Club organized boat dives and all
members will obey the Dive Master’s directions at all times subject to these
by-Laws.
4. The Dive
Master will ensure that all persons present on the boat are aware of the
location and use of all safety and emergency equipment, diving safety procedures,
and “The Club’s” safety By-Laws.
5. The Dive
Master will maintain a log of all members’ dives including their bottom time,
total time under water, maximum depth and pressure group.
6. The dive
Master will inform members or be informed by members of their dive plan and
pressure group at the briefing preceding the dive.
7. Pre-dive buddy checks will be performed.
8. A dive
flag (International Code Flag A) will be flown whenever divers are in the
water.
10.4
Safety
Regulations: Loan of Club Boat
1.
The club dive
boat will only be made available for loan to current financial members.
2. The Club
boat will not be loaned unless the individuals to which the
boat is on loan have an approved Small Craft Safety Certificate
(TL3), have completed an in-house boat handling course provided by
the ‘Club’, or have satisfied the Boat Officer of their competence to use
the vessel.
11.0 ALTERATION
TO THE CONSTITUTION
11.1 Any
Constitutional Amendment must be agreed to by at least three quarters of the
members present at the general meeting.
11.2 Notice
in writing detailing any proposed constitutional amendment must be forwarded to
each member of “The Club”, at least seven days prior to a general meeting.
11.3 The Club
will accept Absentee votes from financial members received by the Committee
either by Letter or E-Mail for the purpose of changing the Constitution.
12.0 TAKING OF MARINE FAUNA
12.1 Club members shall obey State fisheries Regulations or their membership may be terminated on the discretion of the committee.
13.0 DISSOLUTION
13.1 “The Club” may be dissolved by resolution at a General Meeting, should there be insufficient members to form a quorum at a General Meeting. In the event of dissolution, all assets held by “The Club” shall be distributed to another Murdoch University Incorporated Association current at the time of dissolution or for charitable purposes.
Document dated: 23/01/1996
Amendments:
(1) AGM10/03/2001; confirmed 18/07/2001
Ratified by Ministry of Fair Trading: 26/07/2001
(2) EGM09/08/2002; confirmed 28/08/2002
Ratified by Dept. of Consumer & Employer Protection: 25/09/2002
NB: This copy of the Constitution represents the current version as at 28/08/2002, and is an accurate representation of the document lodged with the Ministry of Fair Trading at the time of incorporation (23/01/1996), and includes amendments ratified on 26/07/2001 & 25/09/2002.