The Pinto Association of South Australia Inc. Constitution 2022
To Take effect from October 26, 2022 and replace all previous constitutions
NAME
The name of the association is “The Pinto Association of South Australia Inc”
OBJECTS
1. To promote and encourage the improvement in quality of all types of pinto horses and
ponies in South Australia.
2. To promote and improve the status of the pinto horse & pony in all fields of equitation.
3. To promote and encourage the breeding and exhibition of pinto horses and ponies.
4. To hold and promote shows for pintos and to offer prizes thereat.
5. To compile and maintain a list of persons considered competent to act as judges of pintos at
shows.
6. To advertise and publish such matters and in such newspapers, periodicals and books as the
association may see fit.
7. To print and publish any newspapers, periodicals, books or leaflets that the association may
think desirable for the promotion of its objects.
8. To establish relations and co-operate with show and gymkhana committees with a view inter
alia to have pintos fully represented in the schedule of prizes.
9. To establish relations and co-operate with show and gymkhana committees with a view to
including events in their programs for pinto horses and ponies.
10. To establish relations with associations having similar objects and to encourage exchanges
with associations of like nature elsewhere.
11. To purchase or lease real or personal property in the interest of the association.
12. To accept any gift or legacy of any money or property whether subject to any special trust or
not for any one or more of the objects of the association.
13. To invest any moneys of the association in such a manner as may from time to time be
determined.
14. To generally assist breeders in breeding management and the development of pintos in
South Australia.
15. To generally assist members to attain proficiency in horsemanship and the proper care and
control of the pinto horse and pony.
16. To do all such lawful things as are incidental or conductive to the attainment of the above
objects of any of them.
16a. The association shall have all the powers conferred by section 25 of the Act to further
the objects of the association
ASSOCIATION MEMBERSHIP
17. The members of the association shall comprise such persons who are financial members of
the Association by October 1983, and such new members as may arise from time to time be
admitted.
18. Subject to such regulations as may from time to time be passed by the committee any
person may be admitted to membership by the committee upon application for membership
being duly made in writing by such person.
Any re-application for membership of the association from a person having been asked to
resign or any application from a member of their family must be in the first instance referred
to the committee of the association for confirmation.
19. An application for membership shall be in such form as may from time to time be prescribed
by the committee.
20. The committee may refuse any application without assigning any reason therefore.
21. A register of members and of the address and the recorded stud prefix or suffix and
registered brand of each member shall be kept by the association. The register of members
shall be available to all members of the association for inspection at all reasonable times.
Each member shall notify the secretary of any change of address and in the case of a firm,
every change in the constitution of the firm and every change shall be reported in writing to
the secretary and shall be recorded in the register of the association.
22. Any person who in the opinion of the committee has rendered special service to the
association may by resolution of an annual general meeting be appointed a patron of the
association or a life member. Qualifications: a life membership is restricted to a member
who has been a member for 10 years and acted in an official capacity for at least 5 years. A
citation of such qualifications must be submitted at the time of the annual general meeting.
23. A member shall cease to be a member of the organisation:
(a) If he shall resign by notice in writing to the secretary to that effect.
(b) If he shall die or being a company shall go into liquidation or being a firm shall dissolve
(c) If he is declared insane
(d) If being a member he shall not have paid a membership subscription in respect of the
financial year (as hereinafter defined) on or before 31st October that year. Before such a
member shall be readmitted to membership all moneys due to the association including
the unpaid subscriptions may, at the discretion of the committee, be required to be
paid.
(e) If pursuant to a resolution passed by a two-thirds majority of members present at a duly
constituted committee meeting he be requested in writing to resign and if he shall not
have resigned at or before the expiration of (30) thirty days of evidence of posting of
such request
(f) PROVIDED THAT the estate of a deceased member may by its representative/s or a
company in liquidation may by its liquidator/s or the committee of the estate of a
person declared insane continues as a member of the association. If notice in writing to
that effect shall be given by the personal representative/s or the liquidator/s or the
committee as the case may be to the secretary.
24. Where a member is a company or a firm (partnership) or a deceased estate or a trust or a
committee of the estate of a person declared insane:
(a) The member shall nominate a person as its representative who in such a capacity shall
be deemed to hold the qualification of a member for purpose of election as committee
member or other officer and who shall be entitled to receive all notices to which such a
member would otherwise as an individual be entitled and to attend and vote at all
meetings in the name and on behalf of his principal until his nomination is cancelled in
writing addressed to the secretary by his nominator.
(b) The member shall be responsible for all acts and omissions of its constituents or any of
them, whether partner, liquidator, executor or trustees or committee member or
otherwise and shall be responsible for the acts and omissions of its nominee.
25. Any resignation by notice pursuant to paragraph 23 (a) of this constitution shall not at the
discretion of the committee, relieve any member from its payment of overdue subscriptions
and/or other moneys due by him to the association at the time of such resignation.
CONDUCT OF MEMBERS
26. Each member shall strictly observe and act in conformity with and not otherwise than in
accordance with the constitution and regulations for the time being of the association. Any
member guilty of a breach of this clause may be called upon by the committee to resign his
membership.
27. No member or registered owner shall exhibit any registered pinto in exclusive pinto classes
in any show or exhibition or advertise as a registered pinto any pinto in any paper, periodical
or pamphlet under any but its registered name, or as having any brand other than its
registered brand.
28. No Member shall so conduct himself or be guilty of any such conduct as to bring the
association into discredit or as to bring himself as a breeder or a member into discredit.
29. (a) If it shall appear that any member may have been guilty of any breach of the provisions
of the associations constitution or regulations or be guilty of any misconduct, the secretary
shall, if directed to do so by the committee, call upon such a member to appear before the
committee and the committee may make such enquiry as it considers appropriate in the
circumstances and may in the exercise of the judgement either reprimand such a member or
inflict upon such a member such fine as the committee may thing proper in the
circumstances or require such member to tender his resignation from the association
provided always that upon any such enquiry the member shall be informed of the alleged
breach and shall be given a reasonable time to answer any charge that may be laid against
him and to provide any explanation or evidence that he may consider desirable and an
opportunity shall be afforded him of appearing before the committee in order to answer any
charge and to furnish such evidence or explanation as the circumstances may warrant.
(b)If any member fails to supply the secretary with registration certificates or with other
requested information within (30) thirty days, unless a satisfactory explanation of his action
is brought forward the committee may give consideration to and ask that member for his
resignation.
30. If a member be called upon to tender his resignation and shall not do so within (30) days he
shall at the expiration of the said thirty (30) days ipso facto cease to be a member of the
association. I n the case of a firm which is a member of the association the acts and
omissions of a partner shall for the purpose of the clause 29(a) and 29 (b) hereof be deemed
to be the acts and omissions of the firm.
APPLICATION OF ASSOCIATION PROPERTY AND INCOME
31. The income and property of the association whensoever derived shall be applied solely
towards the promotion of the objects of the association as set forth in the preceding clauses.
PROVIDED THAT nothing herein shall prevent the payment in good faith of remuneration to
any officials or servants of the association or other persons in return for services actually
rendered to the association. In the event of the winding up of the association the funds after
the liabilities have been discharged shall be devoted to the promotion of objects similar to
those of the association and no member shall be entitled to receive any part of such funds.
BANKING ACCOUNT
32. The association shall cause a banking account to be opened and kept in the name of the
Pinto Association of South Australia Incorporated at such a bank as is nominated by the
committee. The association banking account may be operated upon in the name of the
association in such manner as the committee may from time to time direct.
33. Cheques may be endorsed for collection through the association account in such manner as
the committee may from time to time direct.
34. All moneys, cheques and negotiable instruments received by or for the association shall
forthwith be paid to the credit of its bank account.
ASSOCIATION RECORDS AND ACCOUNTS
35. The association shall cause to be kept true accounts of all its receipts, payments, assets and
liabilities and the manner in which the income and expenditure have been dealt with and all
matters necessary for showing its true financial position at the end of each year.
36. The treasurer shall cause to be prepared previous to the annual general meeting a
statement of income and expenditure for the previous financial year together with a balance
sheet showing the liabilities or assets of the association at the close of that period duly
certified by a Justice of the Peace and signed by the president or honorary treasurer and
secretary as correct and shall submit same to the Annual meeting The books of account shall
be kept at such place or places of security as the committee shall decide.
FINANCIAL YEAR
37. Until otherwise determined at an annual general meeting each financial year shall
commence on the first (1st) day of August of the relative calendar year.
SUBSCRIPTIONS
38. Every member of the association shall pay an annual subscription to be from time to time
prescribed by the committee PROVIDED always that the committee may, where it considers
it in the interest of the association or the breed so to do differentiate between members or
class of members.
39. A member who has become a member of the association during the last four (4) calendar
months of the financial year shall (pay with?) respect of such financial year one half of the
annual subscription.
40. Junior membership- Persons under 18 years of age may become junior members for an
annual fee of half the ordinary membership. Such persons are not entitled to voting rights.
41. A membership subscription shall be due annually on the first (1st) day of August in each year.
OFFICE BEARERS
42. (a) The members shall elect at the annual general meeting each year from amongst the
members of the association, a president, one or more vice presidents, and shall elect or
appoint a secretary, treasurer and a registrar.
(b)Each officer so elected or appointed shall whilst a member hold office until he resigns
from office or his successor be elected or appointed as the case may be.
(c)Nominations for these offices must be submitted in writing to the secretary not less than
seven (7) days prior to the annual general meeting. The nomination must be signed by a
financial member of the association as nominator and be signed by the nominee indicating
acceptance of the nomination.
(d)Casual vacancies may be filled by appointment by resolution of the committee from
amongst the members.
COMMITTEE
43. (a)There shall be a committee appointed by the association. Members of the committee
shall be appointed by and from amongst the members of the association at the annual
general meeting of the members each year.
(b)Nominations for the committee must be submitted in writing to the secretary not less
than seven (7) clear days prior to the annual general meeting. The nomination must be
endorsed by a financial member of the association as nominator and be signed by the
nominee indicating acceptance of the nomination.
(c)Members of the committee shall be appointed at the annual general meeting of members
held each calendar year and shall hold office until the close of the following annual general
meeting of such members held in the next succeeding calendar year until otherwise
determined the members of the committee shall not be more than ten (10) in number nor
less than three (3). If deemed necessary further nominations may be called from the floor of
the annual general meeting. Should there be less than three (3) nominations the retiring
committee shall fill the vacancies.
(d)The president, vice president/s, secretary, treasurer and registrar shall also be members
of the committee in addition to the ten (10) members in clause 44 (c). Any casual vacancy
may be filled by appointment by resolution of the committee from amongst the members.
AUDITORS
44. The Treasurer shall make available to all financial members a statement of income and
expenditure for the previous financial year including a balance sheet showing the liabilities
or assets of the association at the close of that financial year duly certified by a justice of the
peace. This shall be submitted at the Annual Meeting
45. A financial member may, at any time, request the financial documents to be audited under
the conditions of the petitions clause(60). The auditor shall be a public accountant or
accountants and shall be appointed by the committee at the next general meeting
FUNCTIONS OF THE COMMITTEE
46. The committee shall manage and have control of the affairs of the association. IT MAY
(a) Make such regulations within the ambit of the constitution as it may from time to time
think fit for regulating the associations affairs and may from time to time amend the
same by addition, deletion or variation. The regulations shall be binding upon all
members of the association.
(b) At any time appoint one or more sub-committees and may at any time revoke any such
appointment and it may prescribe the functions of any such sub-committee.
(c) Compile and maintain a list of persons considered competent to act as judges of pintos
at shows provided that the panel of judges shall be reviewed at each Annual meeting.
(d) Do any lawful act, matter or thing calculated to promote the interests and harmony of
the association and of its membership.
IT SHALL
(e) Regulate the conduct of members and retirement or expulsion of members. In any case,
any member who shall fail to observe any rule made by the committee of the
association or whose conduct is derogatory in any respect or shall in the opinion of the
committee be derogatory to the character or prejudicial to the interests of the
association may be expelled or suspended from membership or cautioned. If a member
is called upon to tender his resignation and he has not done so within thirty(30 days of
evidence of posting such request he shall ipso facto cease to be a member of the
association.
(f) Compile and maintain a list of members considered competent to act as inspectors
and/or classifiers.
(g) Regulate the affairs of the association in compliance with this constitution, the rules and
regulations of the pinto association of South Australia Incorporated.
AUTHENTICITY OF COMMITTEE DECISIONS
47. To the extent permissible under the act, all acts done by or with the authority of the
committee or any sub-committee shall notwithstanding that it shall be afterwards
discovered that there was some defect in the convening or constitution of any meeting of
the committee or sub-committee or in the appointment of the committee or sub-committee
or any member thereof or person/s acting with the authority of the committee or subcommittee or that any one or more members of the committee or sub-committee or that
such person or persons were disqualified or any other matter or things whatsoever be valid
and effectual.
MEETINGS
48. (a)The committee shall meet at least quarterly in each financial year and thereafter so often
or at such time or times and at such place or places as the committee may from time to time
determine. If any member of the committee absents himself from two (2) consecutive
meetings without apology he shall cease to be a member of the committee.
(b)At all committee meetings if a quorum not be present within thirty (30) minutes of the
time appointed the president or in his absence the vice president or in his/her absence a
chairperson elected from those present must postpone the meeting to such date and time
as may be considered by him/her to be suitable.
49. (a) The annual general meeting of the association will be held in the month of august.
(b)The order of business applicable to the annual general meeting shall be-
(i) Minutes of previous annual general meeting
(ii) Presidents report
(iii) Auditors report, Balance sheet and any other financial statements
(iv) Election of office bearers for ensuing year
(v) notices of motion
50. Ordinary general meetings shall be held at least quarterly each financial year and thereafter
as from time to time determined by the committee.
51. A special general meeting may be called at any time by the president. An extraordinary
general meeting may be called at any time by the members under the conditions of the
petitions clause.
52. (a) The president shall be the chairperson at any meeting but in the absence of the president
the meeting shall elect a chairperson from the vice presidents or failing them from the
members present and the chairperson may perform all the duties and exercise the discretion
of the president.
(b)At all meetings the chairpersons ruling shall be final in all matters of order and practice
subject to the normal rules of procedure of meetings.
(c)Business on the agenda for any meeting and which has not been completed or dealt with
as the case may be at an adjourned meeting, or may be placed on the agenda of the next
meeting at which it will take precedence over the new business.
53. The committee may by resolution from time to time adjourn its meeting to such a place and
time as the committee may think fit.
54. Minutes of the proceedings of the association shall be recorded by the secretary in the
minute book kept for the purpose. The minutes shall be verified and signed by the
chairperson of the meeting to which they relate or be verified at the next meeting and
signed by the chairperson of that meeting. When signed, the minutes shall be prime facie(?)
evidence of the facts stated therein.
QUORUMS
55. (a) The quorum at committee meetings shall be one half of the committee. The quorum for
an ordinary general meeting shall be twelve (12) members.
(b)The quorum at annual general meetings shall be twenty(20) members or one sixth of the
financial membership, whichever is the smaller.
(c)The quorum for an extraordinary general meeting will be one sixth of the financial
memberships and must include two thirds of those members who petitioned the president
to call the extraordinary general meeting.
NOTICE OF MEETINGS
56. (a)Notice of committee meetings must be given in advance of meetings by a period from
time to time determined by the committee. Such notice may be given verbally or by
telephone or by letter at the discretion of the secretary.
(b)Notice of the annual general meeting will be given in the newsletter or other official
organ of the association in the issue giving at least thirty (30 clear days notice before the
annual general meeting. Such notice will publish motions placed on notice to be dealt with
at the annual general meeting and will also be accompanied by a nomination form. Such
other notice of the annual general meeting will be given as from time to time as determined
by the committee.
(c)Notice of special general meetings will be as determined by the committee or in the event
that there is insufficient time to call a committee meeting by the president on behalf of the
committee.
(d)Notice of extraordinary meetings will be in writing to each financial member given in
accordance with clause 51 with fourteen (14) clear days notice of such extraordinary general
meeting. Such notice will set out the business it is desired to transect at the extraordinary
general meeting.
(e)Notice of ordinary general meetings may be given in the newsletter or other othical organ
of the association. Additional notice will be given in the popular press as determined from
time to time by the committee.
NOTICE OF MOTION
57. a) All notices of motion must be in the hands of the secretary in reasonable time to permit
their inclusion in the notice calling the meeting. Such notice shall contain a copy of the
resolution to be moved. For motions to be placed on the agenda of the annual general
meeting, the notice of motion shall be in the hands of the secretary sixty (60) days prior to
the date of the annual general meeting.
b) Notices of motion received too late to be included in the notice of the next meeting will
be included in the subsequent meeting.
VOTING
58. a) At any meeting each adult member present shall have one vote. No proxy vote will be
accepted.
b) No junior member shall be entitled to vote.
c) No member shall be entitled to vote at any meeting unless his subscription has been paid
in full up to and including the current financial year.
d) Unless otherwise determined by the meeting, voting shall be by show of hands of the
members present.
e) If at any meeting a poll is demanded by any member, it shall be taken in such a manner as
the chairperson shall direct.
f) No objection shall be made to the validity of any vote, except at the meeting at which the
vote is tendered and every vote not disallowed at such a meeting shall be valid for all
purposes whatsoever. The chairperson shall be sole and absolute judge of the validity of all
votes tendered or cast at any meeting and may allow or disallow all or any votes tendered or
cast in accordance with this constitution.
g) In all matters coming before any meeting for determination the chairperson shall have in
addition to his ordinary vote a casting vote by virtue of office.
PETITIONS
59. The president shall within thirty (30) days of receipt of written requisition to that effect from
ten (10) members call an extraordinary general meeting to be held within sixty (60) days of
such receipt. The president shall within seven (7) days of receipt of written requisition to
that effect from three (3) committee members call a committee meeting to be held within
fourteen (14) days of such. If the president has not within the stipulated time called a duly
requisitioned meeting the requisitionists may themselves call it.
The petition and the notice of the meeting shall set out the business it is desired to transect.
NOTICES
60. Notices required to be given to a member shall be given in writing duly posted (postage
prepaid) and properly addressed to such member at his registered or last known address or
in such manner as the committee may from time to time determine. Notices sent by post
shall be deemed to have been given at the expiration of seventy-two (72) hours after
posting.
ELECTIONS
61. Voting at elections may be by show of hands or by secret ballot and this is to be determined
by the meeting immediately prior to commencing elections. Where several candidates are
contesting the office of president, vice president, secretary, treasurer or registrar the
successful candidate must obtain a simple majority of votes cast at the election. If this is not
achieved at the first vote then the candidate polling the least quantity of votes is to be
eliminated and another vote taken. Voting is to be continued until a simple majority is
reached.
ALTERATIONS TO CONSTITUTION
62. This constitution may be amended either by alteration, addition or deletion by a two thirds
majority of the members present and voting at an annual general meeting or an
extraordinary general meeting provided that members are given notice of the proposed
amendments in accordance with clause 57.
DISSOLUTION
63. The association may be wound up in the manner provided for in the Act.
In the event of dissolution the property of the association both real and personal after discharge of
all liabilities shall not be paid to or distributed among the members of the association or institution
or institutions having objects similar to the objects of the association and which will prohibit the
distribution of its or their income and property among its or their members to an extent at least as
great as is imposed on the association under or by virtue of clause 31 hereof. Such institution or
institutions to be determined by the members of the association at or before the time of dissolution.
INTERPRETATION
64. Any doubt arising as to the application or meaning of any clause of this constitution or the
rules and regulations of the association shall be referred to the executive committee or the
associations legal advisor.
INCORPORATION
65. The members of the association may at any annual general meeting of the association vote
in favour of incorporation. In such case a public officer is to be elected by the members and
the requirements of the associations incorporations act carried out.
SEAL
66. Any document to be signed on behalf of the association shall be signed and dated by any
two of the president, vice president and any other office bearer, secretary or treasurer and
shall state the document is so signed on behalf of the association.
To Take effect from October 26, 2022 and replace all previous constitutions
NAME
The name of the association is “The Pinto Association of South Australia Inc”
OBJECTS
1. To promote and encourage the improvement in quality of all types of pinto horses and
ponies in South Australia.
2. To promote and improve the status of the pinto horse & pony in all fields of equitation.
3. To promote and encourage the breeding and exhibition of pinto horses and ponies.
4. To hold and promote shows for pintos and to offer prizes thereat.
5. To compile and maintain a list of persons considered competent to act as judges of pintos at
shows.
6. To advertise and publish such matters and in such newspapers, periodicals and books as the
association may see fit.
7. To print and publish any newspapers, periodicals, books or leaflets that the association may
think desirable for the promotion of its objects.
8. To establish relations and co-operate with show and gymkhana committees with a view inter
alia to have pintos fully represented in the schedule of prizes.
9. To establish relations and co-operate with show and gymkhana committees with a view to
including events in their programs for pinto horses and ponies.
10. To establish relations with associations having similar objects and to encourage exchanges
with associations of like nature elsewhere.
11. To purchase or lease real or personal property in the interest of the association.
12. To accept any gift or legacy of any money or property whether subject to any special trust or
not for any one or more of the objects of the association.
13. To invest any moneys of the association in such a manner as may from time to time be
determined.
14. To generally assist breeders in breeding management and the development of pintos in
South Australia.
15. To generally assist members to attain proficiency in horsemanship and the proper care and
control of the pinto horse and pony.
16. To do all such lawful things as are incidental or conductive to the attainment of the above
objects of any of them.
16a. The association shall have all the powers conferred by section 25 of the Act to further
the objects of the association
ASSOCIATION MEMBERSHIP
17. The members of the association shall comprise such persons who are financial members of
the Association by October 1983, and such new members as may arise from time to time be
admitted.
18. Subject to such regulations as may from time to time be passed by the committee any
person may be admitted to membership by the committee upon application for membership
being duly made in writing by such person.
Any re-application for membership of the association from a person having been asked to
resign or any application from a member of their family must be in the first instance referred
to the committee of the association for confirmation.
19. An application for membership shall be in such form as may from time to time be prescribed
by the committee.
20. The committee may refuse any application without assigning any reason therefore.
21. A register of members and of the address and the recorded stud prefix or suffix and
registered brand of each member shall be kept by the association. The register of members
shall be available to all members of the association for inspection at all reasonable times.
Each member shall notify the secretary of any change of address and in the case of a firm,
every change in the constitution of the firm and every change shall be reported in writing to
the secretary and shall be recorded in the register of the association.
22. Any person who in the opinion of the committee has rendered special service to the
association may by resolution of an annual general meeting be appointed a patron of the
association or a life member. Qualifications: a life membership is restricted to a member
who has been a member for 10 years and acted in an official capacity for at least 5 years. A
citation of such qualifications must be submitted at the time of the annual general meeting.
23. A member shall cease to be a member of the organisation:
(a) If he shall resign by notice in writing to the secretary to that effect.
(b) If he shall die or being a company shall go into liquidation or being a firm shall dissolve
(c) If he is declared insane
(d) If being a member he shall not have paid a membership subscription in respect of the
financial year (as hereinafter defined) on or before 31st October that year. Before such a
member shall be readmitted to membership all moneys due to the association including
the unpaid subscriptions may, at the discretion of the committee, be required to be
paid.
(e) If pursuant to a resolution passed by a two-thirds majority of members present at a duly
constituted committee meeting he be requested in writing to resign and if he shall not
have resigned at or before the expiration of (30) thirty days of evidence of posting of
such request
(f) PROVIDED THAT the estate of a deceased member may by its representative/s or a
company in liquidation may by its liquidator/s or the committee of the estate of a
person declared insane continues as a member of the association. If notice in writing to
that effect shall be given by the personal representative/s or the liquidator/s or the
committee as the case may be to the secretary.
24. Where a member is a company or a firm (partnership) or a deceased estate or a trust or a
committee of the estate of a person declared insane:
(a) The member shall nominate a person as its representative who in such a capacity shall
be deemed to hold the qualification of a member for purpose of election as committee
member or other officer and who shall be entitled to receive all notices to which such a
member would otherwise as an individual be entitled and to attend and vote at all
meetings in the name and on behalf of his principal until his nomination is cancelled in
writing addressed to the secretary by his nominator.
(b) The member shall be responsible for all acts and omissions of its constituents or any of
them, whether partner, liquidator, executor or trustees or committee member or
otherwise and shall be responsible for the acts and omissions of its nominee.
25. Any resignation by notice pursuant to paragraph 23 (a) of this constitution shall not at the
discretion of the committee, relieve any member from its payment of overdue subscriptions
and/or other moneys due by him to the association at the time of such resignation.
CONDUCT OF MEMBERS
26. Each member shall strictly observe and act in conformity with and not otherwise than in
accordance with the constitution and regulations for the time being of the association. Any
member guilty of a breach of this clause may be called upon by the committee to resign his
membership.
27. No member or registered owner shall exhibit any registered pinto in exclusive pinto classes
in any show or exhibition or advertise as a registered pinto any pinto in any paper, periodical
or pamphlet under any but its registered name, or as having any brand other than its
registered brand.
28. No Member shall so conduct himself or be guilty of any such conduct as to bring the
association into discredit or as to bring himself as a breeder or a member into discredit.
29. (a) If it shall appear that any member may have been guilty of any breach of the provisions
of the associations constitution or regulations or be guilty of any misconduct, the secretary
shall, if directed to do so by the committee, call upon such a member to appear before the
committee and the committee may make such enquiry as it considers appropriate in the
circumstances and may in the exercise of the judgement either reprimand such a member or
inflict upon such a member such fine as the committee may thing proper in the
circumstances or require such member to tender his resignation from the association
provided always that upon any such enquiry the member shall be informed of the alleged
breach and shall be given a reasonable time to answer any charge that may be laid against
him and to provide any explanation or evidence that he may consider desirable and an
opportunity shall be afforded him of appearing before the committee in order to answer any
charge and to furnish such evidence or explanation as the circumstances may warrant.
(b)If any member fails to supply the secretary with registration certificates or with other
requested information within (30) thirty days, unless a satisfactory explanation of his action
is brought forward the committee may give consideration to and ask that member for his
resignation.
30. If a member be called upon to tender his resignation and shall not do so within (30) days he
shall at the expiration of the said thirty (30) days ipso facto cease to be a member of the
association. I n the case of a firm which is a member of the association the acts and
omissions of a partner shall for the purpose of the clause 29(a) and 29 (b) hereof be deemed
to be the acts and omissions of the firm.
APPLICATION OF ASSOCIATION PROPERTY AND INCOME
31. The income and property of the association whensoever derived shall be applied solely
towards the promotion of the objects of the association as set forth in the preceding clauses.
PROVIDED THAT nothing herein shall prevent the payment in good faith of remuneration to
any officials or servants of the association or other persons in return for services actually
rendered to the association. In the event of the winding up of the association the funds after
the liabilities have been discharged shall be devoted to the promotion of objects similar to
those of the association and no member shall be entitled to receive any part of such funds.
BANKING ACCOUNT
32. The association shall cause a banking account to be opened and kept in the name of the
Pinto Association of South Australia Incorporated at such a bank as is nominated by the
committee. The association banking account may be operated upon in the name of the
association in such manner as the committee may from time to time direct.
33. Cheques may be endorsed for collection through the association account in such manner as
the committee may from time to time direct.
34. All moneys, cheques and negotiable instruments received by or for the association shall
forthwith be paid to the credit of its bank account.
ASSOCIATION RECORDS AND ACCOUNTS
35. The association shall cause to be kept true accounts of all its receipts, payments, assets and
liabilities and the manner in which the income and expenditure have been dealt with and all
matters necessary for showing its true financial position at the end of each year.
36. The treasurer shall cause to be prepared previous to the annual general meeting a
statement of income and expenditure for the previous financial year together with a balance
sheet showing the liabilities or assets of the association at the close of that period duly
certified by a Justice of the Peace and signed by the president or honorary treasurer and
secretary as correct and shall submit same to the Annual meeting The books of account shall
be kept at such place or places of security as the committee shall decide.
FINANCIAL YEAR
37. Until otherwise determined at an annual general meeting each financial year shall
commence on the first (1st) day of August of the relative calendar year.
SUBSCRIPTIONS
38. Every member of the association shall pay an annual subscription to be from time to time
prescribed by the committee PROVIDED always that the committee may, where it considers
it in the interest of the association or the breed so to do differentiate between members or
class of members.
39. A member who has become a member of the association during the last four (4) calendar
months of the financial year shall (pay with?) respect of such financial year one half of the
annual subscription.
40. Junior membership- Persons under 18 years of age may become junior members for an
annual fee of half the ordinary membership. Such persons are not entitled to voting rights.
41. A membership subscription shall be due annually on the first (1st) day of August in each year.
OFFICE BEARERS
42. (a) The members shall elect at the annual general meeting each year from amongst the
members of the association, a president, one or more vice presidents, and shall elect or
appoint a secretary, treasurer and a registrar.
(b)Each officer so elected or appointed shall whilst a member hold office until he resigns
from office or his successor be elected or appointed as the case may be.
(c)Nominations for these offices must be submitted in writing to the secretary not less than
seven (7) days prior to the annual general meeting. The nomination must be signed by a
financial member of the association as nominator and be signed by the nominee indicating
acceptance of the nomination.
(d)Casual vacancies may be filled by appointment by resolution of the committee from
amongst the members.
COMMITTEE
43. (a)There shall be a committee appointed by the association. Members of the committee
shall be appointed by and from amongst the members of the association at the annual
general meeting of the members each year.
(b)Nominations for the committee must be submitted in writing to the secretary not less
than seven (7) clear days prior to the annual general meeting. The nomination must be
endorsed by a financial member of the association as nominator and be signed by the
nominee indicating acceptance of the nomination.
(c)Members of the committee shall be appointed at the annual general meeting of members
held each calendar year and shall hold office until the close of the following annual general
meeting of such members held in the next succeeding calendar year until otherwise
determined the members of the committee shall not be more than ten (10) in number nor
less than three (3). If deemed necessary further nominations may be called from the floor of
the annual general meeting. Should there be less than three (3) nominations the retiring
committee shall fill the vacancies.
(d)The president, vice president/s, secretary, treasurer and registrar shall also be members
of the committee in addition to the ten (10) members in clause 44 (c). Any casual vacancy
may be filled by appointment by resolution of the committee from amongst the members.
AUDITORS
44. The Treasurer shall make available to all financial members a statement of income and
expenditure for the previous financial year including a balance sheet showing the liabilities
or assets of the association at the close of that financial year duly certified by a justice of the
peace. This shall be submitted at the Annual Meeting
45. A financial member may, at any time, request the financial documents to be audited under
the conditions of the petitions clause(60). The auditor shall be a public accountant or
accountants and shall be appointed by the committee at the next general meeting
FUNCTIONS OF THE COMMITTEE
46. The committee shall manage and have control of the affairs of the association. IT MAY
(a) Make such regulations within the ambit of the constitution as it may from time to time
think fit for regulating the associations affairs and may from time to time amend the
same by addition, deletion or variation. The regulations shall be binding upon all
members of the association.
(b) At any time appoint one or more sub-committees and may at any time revoke any such
appointment and it may prescribe the functions of any such sub-committee.
(c) Compile and maintain a list of persons considered competent to act as judges of pintos
at shows provided that the panel of judges shall be reviewed at each Annual meeting.
(d) Do any lawful act, matter or thing calculated to promote the interests and harmony of
the association and of its membership.
IT SHALL
(e) Regulate the conduct of members and retirement or expulsion of members. In any case,
any member who shall fail to observe any rule made by the committee of the
association or whose conduct is derogatory in any respect or shall in the opinion of the
committee be derogatory to the character or prejudicial to the interests of the
association may be expelled or suspended from membership or cautioned. If a member
is called upon to tender his resignation and he has not done so within thirty(30 days of
evidence of posting such request he shall ipso facto cease to be a member of the
association.
(f) Compile and maintain a list of members considered competent to act as inspectors
and/or classifiers.
(g) Regulate the affairs of the association in compliance with this constitution, the rules and
regulations of the pinto association of South Australia Incorporated.
AUTHENTICITY OF COMMITTEE DECISIONS
47. To the extent permissible under the act, all acts done by or with the authority of the
committee or any sub-committee shall notwithstanding that it shall be afterwards
discovered that there was some defect in the convening or constitution of any meeting of
the committee or sub-committee or in the appointment of the committee or sub-committee
or any member thereof or person/s acting with the authority of the committee or subcommittee or that any one or more members of the committee or sub-committee or that
such person or persons were disqualified or any other matter or things whatsoever be valid
and effectual.
MEETINGS
48. (a)The committee shall meet at least quarterly in each financial year and thereafter so often
or at such time or times and at such place or places as the committee may from time to time
determine. If any member of the committee absents himself from two (2) consecutive
meetings without apology he shall cease to be a member of the committee.
(b)At all committee meetings if a quorum not be present within thirty (30) minutes of the
time appointed the president or in his absence the vice president or in his/her absence a
chairperson elected from those present must postpone the meeting to such date and time
as may be considered by him/her to be suitable.
49. (a) The annual general meeting of the association will be held in the month of august.
(b)The order of business applicable to the annual general meeting shall be-
(i) Minutes of previous annual general meeting
(ii) Presidents report
(iii) Auditors report, Balance sheet and any other financial statements
(iv) Election of office bearers for ensuing year
(v) notices of motion
50. Ordinary general meetings shall be held at least quarterly each financial year and thereafter
as from time to time determined by the committee.
51. A special general meeting may be called at any time by the president. An extraordinary
general meeting may be called at any time by the members under the conditions of the
petitions clause.
52. (a) The president shall be the chairperson at any meeting but in the absence of the president
the meeting shall elect a chairperson from the vice presidents or failing them from the
members present and the chairperson may perform all the duties and exercise the discretion
of the president.
(b)At all meetings the chairpersons ruling shall be final in all matters of order and practice
subject to the normal rules of procedure of meetings.
(c)Business on the agenda for any meeting and which has not been completed or dealt with
as the case may be at an adjourned meeting, or may be placed on the agenda of the next
meeting at which it will take precedence over the new business.
53. The committee may by resolution from time to time adjourn its meeting to such a place and
time as the committee may think fit.
54. Minutes of the proceedings of the association shall be recorded by the secretary in the
minute book kept for the purpose. The minutes shall be verified and signed by the
chairperson of the meeting to which they relate or be verified at the next meeting and
signed by the chairperson of that meeting. When signed, the minutes shall be prime facie(?)
evidence of the facts stated therein.
QUORUMS
55. (a) The quorum at committee meetings shall be one half of the committee. The quorum for
an ordinary general meeting shall be twelve (12) members.
(b)The quorum at annual general meetings shall be twenty(20) members or one sixth of the
financial membership, whichever is the smaller.
(c)The quorum for an extraordinary general meeting will be one sixth of the financial
memberships and must include two thirds of those members who petitioned the president
to call the extraordinary general meeting.
NOTICE OF MEETINGS
56. (a)Notice of committee meetings must be given in advance of meetings by a period from
time to time determined by the committee. Such notice may be given verbally or by
telephone or by letter at the discretion of the secretary.
(b)Notice of the annual general meeting will be given in the newsletter or other official
organ of the association in the issue giving at least thirty (30 clear days notice before the
annual general meeting. Such notice will publish motions placed on notice to be dealt with
at the annual general meeting and will also be accompanied by a nomination form. Such
other notice of the annual general meeting will be given as from time to time as determined
by the committee.
(c)Notice of special general meetings will be as determined by the committee or in the event
that there is insufficient time to call a committee meeting by the president on behalf of the
committee.
(d)Notice of extraordinary meetings will be in writing to each financial member given in
accordance with clause 51 with fourteen (14) clear days notice of such extraordinary general
meeting. Such notice will set out the business it is desired to transect at the extraordinary
general meeting.
(e)Notice of ordinary general meetings may be given in the newsletter or other othical organ
of the association. Additional notice will be given in the popular press as determined from
time to time by the committee.
NOTICE OF MOTION
57. a) All notices of motion must be in the hands of the secretary in reasonable time to permit
their inclusion in the notice calling the meeting. Such notice shall contain a copy of the
resolution to be moved. For motions to be placed on the agenda of the annual general
meeting, the notice of motion shall be in the hands of the secretary sixty (60) days prior to
the date of the annual general meeting.
b) Notices of motion received too late to be included in the notice of the next meeting will
be included in the subsequent meeting.
VOTING
58. a) At any meeting each adult member present shall have one vote. No proxy vote will be
accepted.
b) No junior member shall be entitled to vote.
c) No member shall be entitled to vote at any meeting unless his subscription has been paid
in full up to and including the current financial year.
d) Unless otherwise determined by the meeting, voting shall be by show of hands of the
members present.
e) If at any meeting a poll is demanded by any member, it shall be taken in such a manner as
the chairperson shall direct.
f) No objection shall be made to the validity of any vote, except at the meeting at which the
vote is tendered and every vote not disallowed at such a meeting shall be valid for all
purposes whatsoever. The chairperson shall be sole and absolute judge of the validity of all
votes tendered or cast at any meeting and may allow or disallow all or any votes tendered or
cast in accordance with this constitution.
g) In all matters coming before any meeting for determination the chairperson shall have in
addition to his ordinary vote a casting vote by virtue of office.
PETITIONS
59. The president shall within thirty (30) days of receipt of written requisition to that effect from
ten (10) members call an extraordinary general meeting to be held within sixty (60) days of
such receipt. The president shall within seven (7) days of receipt of written requisition to
that effect from three (3) committee members call a committee meeting to be held within
fourteen (14) days of such. If the president has not within the stipulated time called a duly
requisitioned meeting the requisitionists may themselves call it.
The petition and the notice of the meeting shall set out the business it is desired to transect.
NOTICES
60. Notices required to be given to a member shall be given in writing duly posted (postage
prepaid) and properly addressed to such member at his registered or last known address or
in such manner as the committee may from time to time determine. Notices sent by post
shall be deemed to have been given at the expiration of seventy-two (72) hours after
posting.
ELECTIONS
61. Voting at elections may be by show of hands or by secret ballot and this is to be determined
by the meeting immediately prior to commencing elections. Where several candidates are
contesting the office of president, vice president, secretary, treasurer or registrar the
successful candidate must obtain a simple majority of votes cast at the election. If this is not
achieved at the first vote then the candidate polling the least quantity of votes is to be
eliminated and another vote taken. Voting is to be continued until a simple majority is
reached.
ALTERATIONS TO CONSTITUTION
62. This constitution may be amended either by alteration, addition or deletion by a two thirds
majority of the members present and voting at an annual general meeting or an
extraordinary general meeting provided that members are given notice of the proposed
amendments in accordance with clause 57.
DISSOLUTION
63. The association may be wound up in the manner provided for in the Act.
In the event of dissolution the property of the association both real and personal after discharge of
all liabilities shall not be paid to or distributed among the members of the association or institution
or institutions having objects similar to the objects of the association and which will prohibit the
distribution of its or their income and property among its or their members to an extent at least as
great as is imposed on the association under or by virtue of clause 31 hereof. Such institution or
institutions to be determined by the members of the association at or before the time of dissolution.
INTERPRETATION
64. Any doubt arising as to the application or meaning of any clause of this constitution or the
rules and regulations of the association shall be referred to the executive committee or the
associations legal advisor.
INCORPORATION
65. The members of the association may at any annual general meeting of the association vote
in favour of incorporation. In such case a public officer is to be elected by the members and
the requirements of the associations incorporations act carried out.
SEAL
66. Any document to be signed on behalf of the association shall be signed and dated by any
two of the president, vice president and any other office bearer, secretary or treasurer and
shall state the document is so signed on behalf of the association.