Issue No 7, January 1997.

NOTICE: Hard copies of the Australian New Crops Newsletter are available from the publisher, Dr Rob Fletcher. Details of availability are included in the Advice on Publications Available.

Supplement to Issue #7

1. Australian New Crops Association

Draft constitution: January 1997

1. The association shall be named the Australian New Crops Association Incorporated, hereafter referred to as the Association.

2. The object of the Association shall be:

a) to act as the peak body for participants in new crops industries in Australia, with a view to providing a focus, continuity and identity for new crop industries; new crop industries are based upon the commercial propagation of plants not previously grown as commercial crops, for economic advantage in a particular geographical region and/or plants not previously grown as commercial crops to produce a particular product, for economic advantage; and

b) to advance the study and commercialisation of new crops and to facilitate communication between the stake-holders in new crop industries, by:

i) preparing and distributing publications, including the Australian New Crops Newsletter;

ii) supporting the organisation of conferences and/or other meetings, that are in furtherance of the object of the Association;

iii) encouraging cooperation and communication and fostering linkages between those individuals, organisations and companies, including primary producers, research providers and practitioners, business and industrial personnel and their employers and associations, with an interest in, knowledge of and/or responsibility for, the commercialisation of new crops, new crop products and new crop opportunities;

iv) identifying, investigating and encouraging new commercial initiatives in new crops research and development with potential benefit for Australia;

v) developing, publicising and promoting policy for new crops research and development, with the object of raising the profile of new crops and their products with the general public, legislators, government agencies, research funding bodies and any other individuals or organisations with potential to influence the successful commercialisation of new crops in Australia;

vi) maintaining a register of new crop workers in Australia; and

vii) taking whatever action may be necessary to further the object of the Association.

3. Membership of the Association shall be open to any person, organisation or company interested in the object of the Association and who pays the appropriate membership fee.

4. Organisations responsible for the development of single new crop industries or organisations responsible for the development of new crops within defined regional development areas shall be encouraged to seek affiliation with the Association, for mutual benefit as derived from the pursuance of the object of the Association.

5. All applications for membership or affiliation shall be made in writing to the Secretary and shall be accompanied by the appropriate membership or affiliation fee.

6. The appropriate membership and affiliation fees shall be determined by the incumbent Management Committee.

7. Each member company shall enjoy the same rights as one ordinary member and may be represented by one person at a meeting of the Association.

8. The right to hold office in the Association and to vote at any meeting of the Association shall be restricted to financial members of the Association.

9. Membership shall lapse if the membership fee is not paid within a twelve (12) month period following a General Meeting.

10. The Secretary shall keep and maintain a register of financial members in which shall be entered the full name, address and date of entry of each member and the register shall be available for inspection by members at the address of the Secretary.

11. The management of the affairs of the Association shall be vested in an Executive Committee and a Management Committee, each of which shall be subject to the provisions of this Constitution and the decisions regarded as the By-Laws of the Association. These Committees shall be responsible for management of the affairs of the Association until this authority is altered or rescinded by a General Meeting.

12. The Management Committee of the Association shall comprise a Chairperson, a Vice-Chairperson (Chairperson-elect), a Secretary, a Treasurer, an Editor, an Associate Editor and three other members. The Executive Committee shall comprise the Chairperson, the Vice-Chairperson (Chairperson-elect) and the Secretary.

13. All office bearers of the Management Committee shall be elected at the General Meeting and shall hold office until the end of the next General Meeting.

14. Should an extraordinary vacancy occur among the elected members of the Management Committee it shall be filled by a member of the Association, by invitation, at the discretion of the Management Committee.

15. At all meetings of the Management Committee four members shall form a quorum. The Executive Committee shall have a quorum of three members.

16. The Management Committee has the power to co-opt persons to sub-committees created for the purpose of conducting the affairs of the Association, and to delegate any of its responsibilities to such sub-committees.

17.a) A General Meeting shall be held annually and, where possible, this shall be held in conjunction with an Association conference or other meeting, to be convened by the Management Committee with not less than one (1) month's notice in writing to the members.

17.b) The Secretary of the Association shall send to all members of the Association, at that member's address appearing on the register, a notice stating the place, date and time of any General Meeting and the nature of the business to be transacted at the meeting.

18. At all General Meetings twenty (20) members or their proxies shall form a quorum.

19. At any meeting of the Association all resolutions other than those proposing changes to the Constitution shall be decided by a simple majority on a show of hands. The Chairperson shall have an additional casting vote in all matters.

20. All funds received by or belonging to the Association shall be placed in one or more bank accounts in the name of the Association.

21. All income generated during a financial year shall be used for current expenditure at the discretion of the Management Committee. After presentation of annual accounts, any surplus funds generated by the Association shall be placed in a reserve fund to be used as required to further the object of the Association, at the discretion of the Executive Committee or a General Meeting (each by a majority vote).

22. Accounts shall be operated by the Management Committee for the general running expenses of the Association. Expenditure from these accounts requires a majority vote of Committee members and shall be in the form of cheques signed by the Treasurer and at least one other designated Management or Executive Committee member.

23. Proper books of accounts showing all moneys received and expended by the Association shall be kept by the Treasurer.

24. An auditor, not being a member of the Association, shall be appointed at each General Meeting.

25. The financial year of the Association shall be from 1 July to 30 June. A statement showing the financial position of all Association accounts, examined and certified by the auditor, shall be presented at each General Meeting.

26. The constitution, including the Object of the Association, may only be amended by a General Meeting. Such amendments shall be voted on by secret ballot and require at least a three-fourths majority in favour to be carried. Notice of any proposed amendment, supported by the signatures of not less than five (5) members, must be sent to all members not less than twenty-one (21) days before the date of the meeting.

27. The Common Seal of the Association shall be kept in the custody of the Secretary.

28. The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be atested by the signatures of two (2) members of the Management Committee.

29. Except as otherwise provided in this Constitution, the Secretary shall have custody and control of all books, documents and securities of the Association.

30. The Secretary shall make available, at the Secretary's office, all books, documents and securities of the Association for inspection by any member at any time.

31. In the event of the winding-up or cancellation of the Incorporation of the Association, the assets of the Association shall be handed over to the Australian Institute of Agricultural Science, with the condition that they not be used for activities contrary to the Object of the Australian New Crops Association.

32. A member of the Association who has paid all moneys due and payable by that member to the Association may resign from the Association by first giving one (1) month's notice in writing to the Secretary of the intention to resign. On expiration of the period of notice, the member shall cease to be a member and the Secretary shall make in the register of members an entry recording the date on which the member, by whom the notice was given, ceased to be a member.

33.a) Subject to the rules stated in this clause, the Management Committee may, by resolution, carry out the following:

i) expel a member from the Association;

ii) suspend a member from the membership of the Association for a specified period; or

iii) fine a member in accordance with these rules, if the Management Committee is of the opinion that the member has:

1) refused or neglected to comply with these rules; or

2) been guilty of conduct unbecoming a member or prejudicial to the interests of the Association.

33.b) A resolution of the Management Committee under sub-clause (1):

i) will not take effect unless the Management Committee, at a meeting held not earlier than fourteen (14) and not later than twenty-eight (28) days after the service on the member of notice under sub-clause (3) confirms the resolution in accordance with this clause; and

ii) where the member exercises a right of appeal to the association under this clause does not take effect unless the Association confirms the resolution in accordance with this clause.

33.c) Where the Management Committee passes a resolution under sub-clause (1), the secretary shall, as soon as practicable, cause to be served on the member a notice in writing:

i) setting out the resolution of the Management Committee and the grounds on which it was based;

ii) stating that the member may address the Management Committee at a meeting to be held not earlier than fourteen (14) and not later than twenty-eight (28) days after service of the notice;

iii) stating the date, place and time of that meeting;

iv) informing the member that the member may do one or more of the following:

1) attend the meeting;

2) give to the Secretary of the Management Committee before the date of that meeting, a written statement seeking the revocation of the resolution;

3) lodge with the Secretary, not later than twenty-four (24) hours before the date of the meeting, a notice to the effect that the member wishes to appeal against the resolution to the Association at the next General Meeting.

33.d) At a meeting of the management Committee held in accordance with sub-clause (2), the Management Committee shall:

i) give to the member an opportunity to be heard;

ii) give due consideration to any written statement relevant to the matter submitted by the member; and

iii) by resolution determine whether to confirm or to revoke the resolution to expel the member.

33.e) Where the Secretary receives a notice under sub-clause (3), the Secretary shall notify the management Committee and that Committee shall convene a General Meeting of the Association to be held within twenty-one (21) days after the date on which the Secretary received the notice.

33.f) At a General Meeting of the Association convened under sub-clause (5):

i) no business other than the question of the appeal shall be transacted;

ii) the Management Committee may place before the meeting details of the grounds for the resolution for expulsion and the reasons for the passing of the resolution;

iii) the member shall be given an opportunity to be heard; and

iv) the members shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.

33.g) If at the General Meeting:

i) three-fourths of the members vote in person or by proxy in favour of the confirmation of the resolution, the resolution is confirmed; and

ii) in any other case, the resolution is revoked.

Contact: Dr Rob Fletcher, School of Land and Food, The University of Queensland Gatton College, 4345; Telephone: 07 5460 1311 or 07 5460 1301; Facsimile: 07 5460 1112; International facsimile: 61 7 5460 1112; Email: r.fletcher@mailbox.uq.edu.au

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originally created by: GK; latest update 6 June 1999 by: RF