CONSTITUTION

Index

Clause 1: Name of Association
Clause 2: Interpretations
Clause 3: Association’s Office
Clause 4: Objects and Purposes of the Association
Clause 5: Membership of Association
Clause 5A: Life Membership of the Association
Clause 6: Income and property of the Association
Clause 7: Accounts of Receipts, Expenditure etc
Clause 8: Banking and Finance
Clause 9: Auditor
Clause 10: Audit of Accounts
Clause 11: Annual General Meeting
Clause 12: Special General Meeting
Clause 13: Notice of Annual General Meeting
Clause 14: Business and Quorum at General Meeting
Clause 15: President to Preside at General Meeting
Clause 16: Adjournment of General Meeting
Clause 17: Determination of Question Arising at General Meeting
Clause 18: Taking of Poll
Clause 19: When Poll to be taken
Clause 20: Affairs of Association to be managed by a Committee
Clause 21: Officers of the Association
Clause 22: Constitution of the Committee
Clause 23: Election of Number of Committee
Clause 24: Vacation of Office
Clause 25: Meetings of the Committee and of Sub-Committees
Clause 26: Disclosure of Interest in Contracts
Clause 27: Sub-Committee and Executive Committee
Clause 28: Annual Subscription
Clause 29: Financial Year
Clause 30: Notice
Clause 31: Expulsion of Members
Clause 32: Disputes
Clause 33: Seal of the Association
Clause 34: Patron of the Association
Clause 35: Musical Director
Clause 36: Conductor
Clause 37: Music Advisory Committee


1 Name of Association
The name of the association shall be the Derwent Valley Concert Band Incorporated (in these rules called “The Association”).


2 Interpretations
1) In these rules, unless the contrary intention appears, “committee” means the Committee of Management of the Association: “ordinary committee member” means a member of the committee to whom paragraph (b) of sub-rule (1) of rule 23 relates.

2) In these rules, expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form.

3) Words or expressions contained in these rules shall be interpreted in accordance with the provision of the Acts Interpretation Act 1931 and the Act as in force on the date on which these rules are adopted by the Association.

4) In these rules the word ‘person’ shall include not only a natural living person but also a registered company or corporation.


3 Association’s Office
The office of the Association shall be at 32 Pioneer Avenue, New Norfolk in Tasmania or such other place as the committee may, from time to time, determine.


4 Objects and Purposes of the Association
1) In addition to the basic objects of the Association, the objects and purposes of the Association shall be deemed to include: –
a. the purchase, taking on lease or in exchange, and the hiring or otherwise acquiring of any real or personal property that may be deemed necessary or convenient for any of the objects or purposes of the Association;
b. the buying, selling and supplying of, and dealing in, goods of all kinds;
c. the construction, maintenance, and alteration of buildings or works necessary or convenient for any of the objects or purposes of the Association;
d. the accepting of any gift, whether subject to a special trust or not, for any one or more of the objects or purposes of the Association;
e. the taking of such steps from time to time as the committee or the members in general meeting may deem expedient for the purpose of procuring contributions to the funds of the Association, whether by way of donations, subscriptions, or otherwise;
f. the printing and publishing of such newspapers, periodicals, books leaflets, or other documents as the committee or the members in general meeting may think desirable for the promotion of the objects and purposes of the Association;
g. the borrowing and raising of money in such manner and on such terms as the committee may think fit or as may be approved or directed by resolution passed at a general meeting;
h. subject to the provisions of the Trustee Act 1898, the investment of any moneys of the Association not immediately required for any or its objects or purposes in such manner as the committee may from time to time determine;
i. the making of gifts, subscriptions, or donations to any of the funds, authorities, or institutions to which paragraph (a) of subsection (1) of section 78 of the Income Tax and Social Services Contribution Assessment Act 1936 – 1964 of the Commonwealth relates;
j. the establishment and support, or aiding in the establishment and support, of associations, institutions, funds, trusts, schemes and conveniences calculated to benefit servants or past servants of the Association and their dependants, and the granting of pensions, allowances, or other benefits to servants or past servants of the Association and their dependants, and the making of payments towards insurance in relation to any of those purposes;
k. the establishment and support, or aiding in the establishment or support, of any other association formed for any of the basic objects of Association;
l. the purchase or acquisition, and undertaking, of all or any part of the property, assets, liabilities, and engagements of any association with which the Association may at any time become amalgamated in accordance with the provision of the Act and the rules of the Association; and
m. the doing of all such other lawful things as are incidental or conductive to the attainment of the basic objects of the Association or of any of the objects and purposes specified in the foregoing provision of the sub-rule.

2) In this rule, “basic objects of the Association” means the objects and purposes of the Association, as stated in the application under subsection (2) of section 7 of the Act for the incorporation of the Association lodged with the Registrar pursuant to the section.


5 Membership of Association

Membership of the Association will be by way of either Full Membership or Affiliated Membership where Full Membership refers to a playing member (including Musical Director, Assistant Musical Director, Conductor or Assistant Conductor) and Affiliate Member refers to a non-playing member of the Band.

1) A nomination for membership of the Association shall be made on the prescribed form and be signed by the nominee and two supporting financial members of the Association. Such nomination shall be lodged with the Public Officer of the Association.

2) As soon as is practicable after the receipt of the nomination, the Public Officer shall refer the nomination to the committee.

3) Upon a nomination being approved by the committee, the Public Officer shall, with as little delay as possible, notify the nominee, in writing that he has been approved for membership of the Association and, upon receipt of the sum payable by or on behalf of the nominee as his first year’s subscription, shall enter the nominee’s name in a register of members to be kept by the Public Officer, whereupon the nominee becomes a member of the Association.

4) A member of the Association may, at any time, resign from the Association by delivering or sending by post or by electronic media to the Public Officer a written notice of resignation.

5) Upon receipt of a notice under sub-rule (8) of this rule, the Public Officer shall remove the name of the member by whom the notice was given from the register of members, whereupon that member ceases to be a member of the Association.

6) A right, privilege, or obligation of a person by virtue of his membership of the Association;
a. is not capable of being transferred or transmitted to another person; and;
b. terminates upon the cessation of his membership, whether by death, resignation, or otherwise.

7) In the event of the Association being wound up;
a. every member if the Association; and
b. every person who, within the period of twelve months immediately preceding the commencement of the winding up, was a full member of the Association,
is liable to contribute to the assets of the Association for payment of the debts or liabilities of the Association and for the costs, charges and expenses of the winding up and for the adjustment of the rights of the contributories among themselves such sum, not exceeding five dollars ($5.00) as may be required, but a former member is not liable so to contribute in respect of any debt or liability of the Association contracted after he ceased to be a member.


5A Life Membership of the Association
1) Any person who, in the opinion of the committee, has rendered to the Association diligent and distinctive service may be nominated for consideration for life membership of the Association.

2) Nominations proposed by the committee for life membership must be approved by a least 75% of the committee in attendance at an ordinary meeting of the committee and that this is recorded in the minutes of that meeting.

3) A nomination for life membership, endorsed by the committee is to be included on the agenda of business to be transacted at a special general meeting or the annual general meeting of the Association. Agenda to be available to members at least fourteen days prior to the date of the meeting.

4) Approval for life membership will require at least 75% support from members who are in attendance and eligible to vote at the special general meeting or the annual general meeting of the Association at which the nomination is submitted.

5) Any person whose nomination for life membership has been approved shall have the rights and privileges of a full member without being required to pay the annual membership subscription fee.


6 Income and Property of the Association
1) The income and property of the Association, however derived, shall be applied solely towards the promotion of the objects and purposes of the Association and no portion thereof shall be paid or transferred, directly or indirectly, by dividend, bonus, or otherwise, to any member of the Association.

2) The Association shall not;
a. appoint a person who is a member of the committee to any office in the gift of the Association to the holder of which there is payable any remuneration by way of salary, fees, or allowances; or
b. pay to any such person any remuneration or other benefit in money or money’s worth (other than the repayment of out-of-pocket expenses).

3) Nothing in the foregoing provisions of this rule prevents the payment in good faith to a servant or member of the Association of;
a. remuneration in return for services actually rendered to the Association by the servant or member or for goods supplied to the Association by the servant or member in the ordinary course of business;
b. interest at a rate not exceeding one per cent on moneys lent to the Association be the servant or member; or
c. a reasonable and proper sum by way of rent for premises let to the Association by the servant or member.

4) In the event of the Association being dissolved, the amount which remains after such dissolution and after the satisfaction of all debts and liabilities shall be paid and applied by the Association in accordance with its powers to any approved organization, nominated by the members of this Association, which has listed in its Constitution similar objects and purpose to this Association and which has rules prohibiting the distribution of its assets and income to any of its members.


7 Accounts of Receipts, Expenditure etc.
1) True accounts shall be kept of all sums of money received and expended by the Association and the manner in respect of which the receipt or expenditure takes place, and of the property, credits, and liabilities of the Association, and subject to any reasonable restrictions as to time and manner of inspecting them that may be imposed by the Association for the time being, those accounts shall be open to the inspection of the members of the Association.

2) The Treasurer of the Association shall faithfully keep all general records, accounting books, and records of receipts and expenditure connected with the operations and business of the Association in such form and manner as the committee may direct.

3) The accounts, books, and records referred to in sub-rules (1) and (2) of this rule shall be kept at the Association’s office or at such other place as the committee may decide.


8 Banking and Finance
1) The Treasurer of the Association shall, on behalf of the Association, receive all moneys paid to the Association and forthwith after the receipt thereof issue official receipts therefore.

2) The committee shall cause to be opened with such bank as the committee selects a banking account in the name of the Association into which all money’s received shall be paid by the Treasurer as soon as possible after receipt thereof.

3) The committee may receive from the Association’s bank or bankers for the time being the cheques drawn by the Association on any of its accounts with the bank or bankers and may release and indemnify the bank or bankers from and against all claims, actions, suits, or demands that may be brought against the bank or bankers arising directly or indirectly out of those cheques or the surrender thereof to the Association.

4) Except with the authority of the committee no payment shall be made from the funds of the Association otherwise than by cheque drawn on the Association bank account.

5) No cheques shall be drawn on the Association’s bank account except for the payment of expenditure that has been authorised by the committee.

6) All cheques, drafts, bills of exchange, promissory notes, and other negotiable instruments shall be signed by two of the following authorised signatories to the Association’s account; namely the President, Secretary, Treasurer and a committee member approved for this purpose at the first meeting of the committee of management following the annual general meeting.


9 Auditor
1) At each annual general meeting of the Association, the members present shall appoint a person as the auditor of the Association.

2) A person so appointed shall hold office until the annual general meeting next after that at which he is appointed, and is eligible for re-appointment.

3) If an appointment is not made at an annual general meeting the committee shall appoint an auditor of the Association for the then current financial year of the Association.

4) If a casual vacancy occurs in the office of auditor during the course of a financial year of the Association, the committee may appoint a person as the auditor and the person so appointed shall hold office until the next succeeding annual general meeting.


10 Audit of Accounts
1) At least once in each financial year of the Association the accounts of the Association shall be examined by the auditor.

2) The auditor shall certify as to the correctness of the accounts of the Association and shall report thereon to the members present at the annual general meeting.

3) In his report, and in certifying to the accounts, the auditor shall state;
a. whether he has obtained the information required by him;
b. whether, in his opinion, the accounts are properly drawn up so as to exhibit a true and correct view of the financial position of the Association according to the information at his disposal and the explanation given to him and as shown by the books of the Association and
c. whether the rules relating to the administration of the funds of the Association have been observed.

4) The Treasurer of the Association shall cause to be delivered to the auditor a list of all the accounts, books, and records of the Association.

5) The auditor;
a. has a right of access to the accounts, books, records, vouchers, and documents of the Association;
b. may require from the servants of the Association such information and explanations as may be necessary for the performance of his duties as auditor;
c. may employ persons to assist him in investigating the accounts of the Association; and
d. may, in relation to the accounts of the Association examine any member of the committee or any servant of the Association.


11 Annual General Meeting
1) The Association shall in each year, hold an annual general meeting.

2) The annual general meeting shall be held on such day (being not later than three months after the close of the financial year of the Association) as the committee may determine.

3) The annual general meeting shall be in addition to any other general meetings that may be held in the same year.

4) The annual general meeting shall be specified as such in the notice convening it.

5) The ordinary business of the annual general meeting shall be;
a. to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
b. to receive from the committee, auditor, and servants of the Association reports upon the transactions of the Association during the last preceding financial year;
c. to elect the officers of the Association and the ordinary committee members;
d. to appoint the auditor and determine his remuneration.
e. to set the membership fee for the ensuing year

6) The annual general meeting may transact special business of which notice is given in accordance with these rules.

7) All meetings other than the annual general meeting shall be called special general meetings.


12 Special General Meeting
1) The committee may, whenever it thinks fit, convene a special general meeting of the Association.

2) The committee shall, on the requestion in writing of not less than ten members, convene a special general meeting of the Association.

3) A requisition for a special general meeting shall state the objects of the meeting and shall be signed by the requisitionist and deposited at the office of the Association and may consist of several documents in the like form, each signed by one or more of the requisitionists.

4) If the committee does not cause a special general meeting to be held within twenty-one days from the date on which a requisition therefore is deposited at the office of the Association, the requisitionists, or any of them, may convene the meeting; but any meeting so convened shall not be held after three months from the date of the deposit of the requisition.

5) A special general meeting convened by requisitionists in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the committee, and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the person incurring them.


13 Notice of Annual General Meeting
The President of the Association shall at least fourteen days before the date fixed for the holding of the annual general meeting of the Association cause to be inserted in a newspaper published in Tasmania an advertisement specifying the place day and time for the holding of the meeting and the nature of the business to be transacted thereat.


14 Business and Quorum at General Meeting
1) All business that is transacted at special general meetings and all business that is transacted at the annual general meeting, with the exception of that specially referred to in these rules as being the ordinary business of the annual general meeting, shall be deemed to be special business.

2) No item of business shall be transacted at an annual general meeting or special general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.

3) Fifteen members personally present (being members entitled under these rules to vote thereat) constitute a quorum for the transaction of the business of an annual general meeting or special general meeting.

4) If within one hour after the appointed time for the commencement of an annual general meeting or special general meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; and in any other case it shall stand adjourned to the same day in the next week, at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to members given before the day to which the meeting in adjourned) at the same place, and if at the adjourned meeting a quorum is not present within one hour after the time appointed for the commencement of the meeting, the meeting shall be dissolved.


15 President to Preside at General Meeting
The President or in his absence one of the officers of the Association shall preside as Chairman at every annual general meeting or special general meeting of the Association.


16 Adjournment of General Meeting
1) The Chairman of an annual general meeting or special general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

2) Where a meeting is adjourned for fourteen days or more, the like notice of the adjourned meeting shall be given; as in the case of the original meeting.

3) Except as provided in the foregoing provisions of this rule, it is not necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.


17 Determination of Questions Arising at General Meeting
1) A question arising at an annual general meeting or special general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the result of the show of hands a poll is demanded, a declaration by the Chairman that a resolution has, on a show of hands, been carried, or carried unanimously, or carried by a particular majority, or lost, and an entry to that effect in the minute book of the Association is evidence of the fact, without proof of the number of proportion of the votes recorded in favour of, or against, that resolution.

2) Upon any question arising at an annual general meeting or special general meeting of the Association, a member has one vote only.

3) All votes shall be given personally.

4) In the case of an equality of voting on a question the Chairman of the meeting is entitled to exercise a second or casting vote.


18 Taking of Poll
If at a meeting a poll on any question is demanded it shall be taken at that meeting in such manner as the Chairman may direct, and the result of the poll shall be deemed to be the resolution of the meeting on that question.


19 When Poll to be taken
A poll that is demanded on the election of a Chairman, or on a question of adjournment, shall be taken forthwith, and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairman may direct.


20 Affairs of Association to be managed by a Committee
1) The affairs of the Association shall be managed by a Committee of Management constituted as provided in rule 23.

2) The committee;
a. shall control and manage the business affairs of the Association;
b. may, subject to these rules, exercise all such powers and functions as may be exercised by the Association, other than those powers and functions that are required by these rules to be exercised by general meetings of members of the Association; and
c. subject to the Act and these rules, has power to perform all such acts and things as appear to the committee to be essential for the proper management of the business affairs of the Association.


21 Officers of the Association:
1) The officers of the Association shall be;
a. President
b. Vice President
c. Secretary
d. Treasurer

2) The provisions of sub-rules (2), (3), and (4) of rule 23, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-rule (1) of this rule.

3) Each officer of the Association shall hold office until the annual general meeting next after the date of his election but is eligible for re-election.

4) In the event of a casual vacancy in any office mentioned in sub-rule (1) of this rule, the committee may appoint a member to the vacant office, and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of his appointment.


22 Constitution of the Committee
1) The committee shall consist of;
a. the officers of the Association: and
b. five ordinary committee persons
all of whom shall be elected at the annual general meeting of the Association in each year.

2) The ordinary committee person elected shall, subject to these rules, hold office until the next annual general meeting following their election. These persons shall, upon nomination, be eligible for re-election.

3) In the event of a casual vacancy occurring in the office of ordinary committee persons, the committee may appoint a member of the Association to fill the vacancy, and the member so appointed shall hold office, subject to these rules until the conclusion of the annual general meeting next following the date of his appointment.


23 Election of Number of Committee
1) Nominees for election as officers of the Association or as ordinary committee members must be at least 18 years of age, be financial full members of the Association and have their nomination proposed by two other full members of the Association. Nominations for officers of the Association and for committee members shall be lodged with the Public Officer at least seven days prior to the date of the annual general meeting of the Association.

2) If the number of written nominations received for the respective vacant positions on the committee of management is equal to or less than the number required for each position then the nominee for these respective positions shall be deemed to be elected.

3) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.

4) The ballot for the election of officers and ordinary committee member shall be conducted at the annual general meeting in such usual and proper manner as the committee may direct.


24 Vacation of Office
For the purposes of these rules, the office of an officer of the Association or of an ordinary committee person becomes vacant if the officer or committee person;
a. dies:
b. becomes bankrupt or applies to take or takes advantage of any law relating to bankruptcy or insolvent debtors or compounds with his creditors, or makes any assignment of his estate for their benefit;
c. becomes of unsound mind;
d. resigns his office by writing under his hand addressed to the committee.
e. ceases to be resident in the State;
f. fails, without leave granted by the committee, to attend three consecutive meetings of the committee;
g. ceases to be a member of the Association; or
h. fails to pay all arrears of subscription due by him within fourteen days after he has received a notice in writing signed by the Public Officer stating that he has ceased to be a financial member of the Association.


25 Meetings of the Committee and of Sub-Committees
1) The committee shall meet at least once in each month at such place and at such times as the committee may determine.

2) Special meetings of the committee may be convened by the President.

3) Notice shall be given to members of the committee of any special meeting, specifying the general nature of the business to be transacted, and no other business shall be transacted at such a meeting,

4) Any four members of the committee constitute a quorum for the transaction of the business of a meeting the committee.

5) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same place and at the same hour of the same day in the following week unless the meeting was a special meeting, in which case it lapses.

6) At meetings of the committee the President or in his absence one of the officers of the Association shall preside.

7) Questions arising at meetings of the committee or, of any sub-committee appointed by the committee, shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.

8) Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

9) Written notice of each special committee meeting shall be served on each member of the committee by delivering it to him at a reasonable time before the meeting or by sending it by post in a prepaid letter addressed to him at his usual or last known place of abode in time to reach him in due course of post or by electronic media before the date of the meeting.


26 Disclosure of Interest in Contracts
1) A member of the committee who is interested in any contract or arrangement made or proposed to be made with the Association shall disclose his interest at the first meeting of the committee at which the contract or arrangement is first taken into consideration, if his interest then exists, or, in any other case, at the first meeting of the committee after the acquisition of his interest.

2) If a member of the committee becomes interested in a contract or arrangement after it is made or entered into he shall disclose his interest at the first meeting of the committee after he becomes so interested.

3) No member of the committee shall vote as a member of the committee in respect of any contract or arrangement in which he is interested and if he does so vote his vote shall not be counted.


27 Sub-committee and Executive Committee
1) The committee may at any time appoint a sub-committee as it may think fit and shall prescribe the powers and functions thereof.

2) Such sub-committee shall have as one of its members at least one member of the committee.

3) The committee may co-opt as members of a sub-committee such persons as it thinks fit, whether or not those persons are members of the Association, but a person so co-opted is not entitled to vote.

4) Three appointed members of a sub-committee constitute a quorum at a meeting of the sub-committee.

5) The President of the Association shall be responsible for calling meetings of a sub-committee.

6) The President, Treasurer and the Secretary constitute an executive committee, which may issue instructions to the Public Officer and the servants of the Association in matters of urgency connected with the management of the affairs of the Association during the intervals between meetings of the committee, and where such instructions are issued shall report thereon to the next meeting of the Committee.


28 Annual Subscription
1) The annual membership subscription payable by members for the ensuing year shall be fixed at the annual general meeting. An annual subscription shall be set for each of the categories of full member, student member, affiliate member and a maximum for members of the same family.

2) The annual subscription of a member is due and payable within one calendar month of the date of the Annual General Meeting.


29 Financial Year
The financial year of the Association is the period from the first day of November to the thirty first day of October.


30 Notice
A notice may be served by or on behalf of the Association upon any member either personally by electronic media or by sending it through the post in a prepaid letter addressed to the member at his or her usual or last known place of abode.


31 Expulsion of Members
1) Subject to this rule, the committee may expel a member from the Association if, in the opinion of the committee the member has been guilty of conduct detrimental to the interests of the Association.

2) The expulsion of a member pursuant to sub-rule (1) of this rule does not take effect;
a. until the expiration of fourteen days after the service on the member of a notice under sub-rule (3) of this rule; or
b. if the member exercises his right of appeal under this rule, until the conclusion of the special general meeting convened to hear the appeal,
whichever is the later date.

3) Where the committee expels a member from the Association, the Public Officer of the Association shall, without undue delay, cause to be served on the member a notice in writing: –
a. stating that the committee has expelled the member,
b. specifying the grounds for the expulsion; and
c. informing the member that if he/she so desires may, within fourteen days after the service of the notice on him, appeal against the expulsion as provided in the rule.

4) A member on whom a notice under sub-rule (3) of this rule, is served may appeal against the expulsion to a special general meeting by delivering or sending by post or by electronic media to the Public Officer of the Association, within fourteen days after the service of that notice, a requisition in writing demanding the convening of such a meeting for the purpose of hearing his/her appeal.

5) Upon receipt of a requisition under sub-rule (3) of this rule, the Public Officer shall forthwith notify the committee of its receipt and the committee shall thereupon cause a special general meeting of members to be held within twenty-one days after the date on which the requisition is received by the Public Officer.

6) At a special general meeting convened for the purpose of this rule: –
a. no business other than the question of the expulsion shall be transacted;
b. the committee may place before the meeting details of the grounds of the expulsion and the committee’s reason for the expulsion;
c. the expelled member shall be given an opportunity to be heard; and
d. the members present shall vote by secret ballot on the question whether the expulsion should be lifted or confirmed.

7) If at the special general meeting a majority of the members present vote in favour of the lifting of the expulsion, the expulsion shall be deemed to have been lifted and the expelled member is entitled to continue his membership of the Association.

8) If at the special general meeting a majority of the members present vote in favour of the confirmation of the expulsion, the expulsion takes effect, and the expelled member ceases to be a member of the Association.


32 Disputes
1) Subject to this rule, a dispute between a member of the Association in his capacity as a member, and the Association shall be determined by arbitration with the provisions of the Commercial Arbitration Act 1986.

2) Nothing in this rule affects the operation or effect of rule 31.


33 Seal of the Association
1) The seal of the Association shall be in the form of a rubber stamp inscribed with the name of the Association encircling the word “Seal”.

2) The seal of the Association shall not be affixed to any instrument except by the authority of the committee, and the affixing thereof shall be attested by the signatures either of two members of the committee or of one member of the committee and of the Public Officer of the Association or such other person as the committee may appoint for that purpose, and that attestation is sufficient for all purposes that the seal was affixed by authority of the committee.

3) The seal shall remain in the custody of the Public Officer:


34 Patron of the Association
1) A Patron of the Association may be appointed at either a special general meeting or at the annual general meeting of the Association.

2) Any nominees for the office of Patron must have the recorded majority support of the committee of management present at an ordinary committee meeting when the nomination is present.

3) Any nomination endorsed by the committee for the appointment of a Patron must be included on the agenda of business to be transacted at a special general meeting or the annual general meeting of the Association. Agenda to be available to members at least fourteen days prior to the date of the meeting.

4) Approval of a person nominated to the office of Patron to be by a minimum of 75% of the members in attendance at the meeting who are eligible to record a vote.

5) The appointment of a person to the office of Patron will terminate by any of the following: –
a. the written resignation of the Patron;
b. the death of the Patron;
c. the person is unable to continue in the office of Patron due to ill health;
d. acting on the instruction of the committee, the Public Officer, in writing, informs the Patron that his/her office is terminated forthwith.


35 Musical Director

1) The position of Musical Director will be appointed by the committee and will be an ex officio member of the committee. The Musical Director will act as Chairman of the Music Advisory Committee.

2) The Committee may also appoint an Assistant Musical Director if the Committee so decides.


36 Conductor
1) The position of Conductor will be appointed by the committee on the recommendation of the Musical Director and will be a member of the Music Advisory Committee.

2) The Committee may also appoint an Assistant Conductor if the Committee so decides.


37 Music Advisory Committee
1) The Music Advisory Committee will be a sub-committee of the committee and will consist of the Musical Director, Conductor and one nominated member from each instrumental section, however so constructed from time to time, of the Band.

2) The role of the Music Advisory Committee will be to advise the Musical Director on matters pertaining to music repertoire and performance. Any matters tabled at a meeting of the Music Advisory Committee that impact on the financial or organisational management of the Band will be referred to the Committee of Management.

Amendments ratified at Annual General Meeting held Wednesday 30th November 2011