Australian Formula 18 Catamaran Association Inc
Constitution
1 NAME
1.1 The name of the Association shall be the “Australian F18 Catamaran Association Inc” (“AF18CA”).
2 OBJECTS
2.1 The objects of AF18CA are:
(a) to promote and develop Formula 18 catamaran class racing under uniform rules throughout Australia; and
(b) to provide a structure for class management and for the exchange of information among Formula 18 sailors within Australia to enhance the enjoyment of these catamaran sailboats.
(c) establish Formula 18 Catamaran Association representatives in each state of Australia where boats are raced;
(d) ensure that Australian and State Championships are held in appropriate locations, to proper standards; and
(e) assist the International F18 Catamaran Association to promulgate and review Class Rules, maintain the level rating character and restricted development character of the F18 Class.
3 MEMBERSHIP
3.1 Membership applications must be made in writing and accompanied by a membership fee. acceptance of the application and fee members shall become financial members of the AF18CA
3.2 Every financial member of a National F18 Class Association, shall be deemed a member of the AF18CA for the purposes of being eligible for Australian national and state regattas. The executive committee comprised of the President, Vice President, Secretary, Treasurer and National Measurer may, by majority vote, authorise persons who are permanent resident of a country without a National Class Association to be members of IF18CA upon such terms and conditions as the committee determine. Only financial members resident in Australia may be voting members or eligible to sit in the Australian executive.
3.3 Membership shall expire on the 30th September each year.
5 GOVERANCE
5.1 The executive committee of AF18CA shall comprise of the elected President, Vice President, Secretary, Treasurer and National Measurer. This executive maintains the Class Association Rules, together with a current list of its financial Australian members.
5.2 The AF18CA executive committee shall pay a registration fee in such amount as shall from time to time be fixed by the by-laws enacted by the World Council in accordance with the provisions of this Constitution.
5.3 The members of the AF18CA shall be bound by this Constitution, and duly enacted amendments thereto and shall comply with all resolutions and regulations made in accordance with this Constitution.
5.4 A member shall cease to be a member of AF18CA if: i) during any period after three (3) months of the payment due date in respect of which it or he has not paid its or his subscription or other monies due to AF18CA or ii) upon receipt of notice of resignation by the member to the Executive Committee. Such membership may be renewed with immediate effect by payment of outstanding dues or other monies owing to AF18CA.
6 FINANCE
6.1 The financial year shall start on October the 1st and conclude on the 30th of September
6.2 Financial reports shall be presented at the annual general meeting
7 PROPERTY MANAGMENT
7.1 AF18CA shall be governed by its executive committee and its property shall be managed and administered on an ongoing basis by its executive committee in accordance with:
(a) the provisions of this Constitution and any Regulations passed under this Constitution;
(b) any policies for the operation of IF18CA determined by the executive committee; or
(c) any directives or guidelines established by the executive committee.
8 EXECUTIVE COMMITTEE
8.1 The executive committee shall consist of the President, Vice President, Secretary, Treasurer and National Measurer.
8.2 An AGM shall be held annually within five months of the conclusion of the financial year at such place and time as the executive committee may consider most convenient to the majority of the members. This meeting shall:
(a) receive the result of absentee ballots by written electronic communication or post;
(b) receive from the executive committee, and approve, a statement of accounts for the preceding accounting year, and
(c) receive and decide on resolutions submitted in accordance with 7.4.
8.3 A special meeting of the executive committee shall be called by the President:
(a) if the Executive Committee so resolves and in accordance with that resolution; or
(b) forthwith upon (but not less than six (6) weeks after) receiving the written request of not less than 40% of financial AF18CA members (which request shall also specify any resolution which the members concerned wish to propose at the meeting).
8.4 At least four (4) weeks written notice shall be given of any AF18CA executive committee meeting by the President to the members of the executive committee, together with a copy of the agenda for the meeting and of any resolutions which are to be proposed at the meeting. The President shall give such notice of (and only of) such resolutions as have been specified to him in writing six (6) weeks before the meeting at which they are to be proposed.
8.5 The chairman at meetings of the executive committee shall be the President, or in his absence, the Vice-President. If neither the President or the Vice-President are present, the meeting shall elect a chairman.
8.6 Nominations for Officers may only be made by a financial member of AF18CA except as provided by 7.8.
8.7 Nominations for the Officers standing for election must be received in writing by the President six (6) weeks before the AF18CA AGM. If there are no nominations for all the available posts the sitting executive committee may make such additional nominations as are necessary in order to fill all available posts.
8.8 At any AF18CA AGM only resolutions of which notice has been given in accordance with this Constitution may be proposed and no amendments thereto shall be permitted, unless the amendment is accepted by the proposers of the resolution.
8.9 Proposals for amending the Constitution and Class Rules shall be by Special Resolution at an AGM.
8.10 Only financial AF18CA members shall be entitled to vote at the AGM. Voting at AF18CA AGM shall (unless otherwise stated by this Constitution) be by simple majority of the votes cast. In the event of a tied vote the chairman of the meeting shall have a casting
8.11 Each member of the Executive Committee shall have one vote at committee meetings, except the President or acting chairman of the meeting who shall have two votes in the event of a tied vote.
8.12 The quorum at an AF18CA AGM shall be 40% of members, represented in person, by absentee ballot or by proxy.
8.13 A AF18CA member may not vote more than two (2) proxies .
8.14 A Special Resolution shall be passed only if 2/3rds or more of the votes cast are in its favour.
9 OFFICERS
9.1 The Executive Committee of the IF18CA shall have the following officers (the “Officers”):
(a) President
(b) Vice President
(c) Secretary
(d) Treasurer
9.2 The Executive Committee may pass regulations to provide for the method of election of all Officers.
9.3 In the event of the absence or vacancy of the position of Secretary the Vice-President shall fulfil all the obligations and duties of the Secretary.
9.5 Where possible each member of the Executive Committee shall reside in a different state of Australia to maximize representation.
9.6 The Executive Committee shall appoint one STATE REPRESENTATIVE for each state which has national AF18CA members. State representatives shall represent that State, promote the F18 class in that state, be responsible for organising State F18 regattas and act as state measurer. If the State representative cannot act as measurer or a second measurer is required for that state, the State representative shall nominate measurer(s) to the executive committee for approval.
10 THE EXECUTIVE COMMITTEE
10.1 The Executive Committee shall consist of the following:
(a) President
(b) Vice President
(c) Secretary General
(d) Treasurer
(e) National Measurer
10.2 Each member of the Executive Committee shall have only one vote except that in the event of a tied vote the President or acting chairman shall have a casting vote.
10.3 In the event that vacancies shall occur on the Executive Committee between annual AGM.
(a) In the event that a vacancy occurs in any of the posts of President, Vice President or Treasurer, the remaining members of the Executive Committee shall forthwith appoint one of their number or a person co-opted in accordance with (b) to fill the vacancy and the remaining members of the Committee may, but shall not be obliged to, co-opt such member or members as they shall consider fit to fill any vacancy.
(b) Members so co-opted or appointed shall remain in office until the next AGM.
11 EXECUTIVE COMMITTEE MEETING
11.1 Executive Committee meetings shall be held on such occasions and at such places as are either called by the President or decided by previous meetings of the Committee.
11.2 The Secretary, or President on his behalf, shall give at least three (3) weeks notice of such meetings, unless 75% of the voting member of the Committee give their prior consent to a reduced notice period.
11.3 Three (3) voting members of the Committee shall form a quorum.
11.4 The President shall chair all meetings at which he is present. At meetings where the President is not present the Vice President if present shall chair, otherwise the meeting shall elect a chairman from among themselves.
11.5 Resolutions at Committee meetings shall be passed by a simple majority of the voting members of the Committee. In the event of a tied vote the President or acting chairman of the meeting shall have a casting vote.
11.6 The Committee is authorised to utilise for meetings telephonic communications providing all participants can hear and participate in all communications.
11.7 The Committee may delegate to any one or more of its members such powers and duties as it shall determine for special purposes for a limited period.
(a) If it is given by written electronic communication it shall be deemed to have been given 24 hours after the Secretary has successfully dispatched the written electronic communication whereto or not is shall in fact have been received by the person or body concerned within that time or at all.
(b) Provided that the Secretary shall only be entitled to give notice to a person or body by way of written electronic communication if that person or body shall have provided (and not withdrawn) the address or number for the electronic communication to the AF18CA.
11.8 The Secretary shall keep a register of such notices, which shall include evidence that the notice has been sent.
12 SUSPENSION AND REMOVAL FROM MEMBERSHIP
12.1 A member, or individual of AF18CA, may be suspended or removed from membership by the Executive Committee only after a hearing protecting his rights to due process including a mutual exchange of evidence prior to the hearing.
12.2 A member may be suspended or removed for the following:
(a) committing an unlawful act in relation to IF18CA or one of its members;
(b) for any unsportsmanlike conduct contrary to the interest of the members of AF18CA; or
(c) for intentional violation of Class Rules.
12.3 A member shall not be entitled to any return of any or any part of his subscription in respect of any period for which he shall be suspended or removed from membership.
13 AMENDMENTS
13.1 This Constitution may only be amended by a Special Resolution for which notice has been duly given and which is duly proposed and passed at an AGM pursuant to the terms and conditions of this Constitution and Australian Sailing.
14 LIMITATIONS
14.1 In the execution of their powers and duties under this constitution no Officer or member of the Executive Committee shall be liable for any loss to any of the members or former members of AF18CA or to the assets of the AF18CA by reason of any mistake or omission made in good faith by him or any other officer or member of the Executive Committee or for any other matter other than wilful and individual wrongdoing omission or fraud on the part of the person who is sought to be made liable.
15 PROPER LAW AND JURISDICTION
15.1 The proper law of IF18CA shall be Australian law and this Constitution shall be construed, take effect and be enforced accordingly.
15.2 The decision of the Executive Committee shall be final in matters of the management of the AF18CA. Any dispute by any member or group of members regarding the actions or decisions of the AF18CA Executive Committee must be communicated formally on the same communication to the World Council and AF18CA. The decision of the World Council shall be final, subject to the judgement of a court of proper jurisdiction in the circumstances applying Australian law as provided in Article 14.1.
