Table of contents
PART I- PRELIMINARY
- Objects and purposes of Association
PART II- MEMBERSHIP
- Membership of the association
- Application for membership
- Subscription fees
- Register of members
- Membership entitlements not transferable
- Cessation of membership
- Resignation of membership
- Members’ liabilities
- Disciplining of members
- Right of appeal of disciplined member
PART III- THE COMMITTEE AND THE COUNCIL
- Division of powers between the committee and the council
- Constitution and membership
- Election of members of the committee and the council
- Vacation and termination of office
- Proceedings of the committee
- Proceedings of the council
- Delegation by committee to sub-committee
PART IV -GENERAL MEETINGS
- Annual general meeting
- General meetings
- Quorum, decisions, voting and appointment of proxy
PART V- MISCELLANEOUS
- Alteration of rules and statement of purposes
- Custody and inspection of records
PART I– PRELIMINARY
The name of the Association is the Chinese Economics Society Australia (in these Rules called “The Association”).
1) In these Rules unless the contrary intention appears:
(a) “Committee” means the Executive Committee appointed pursuant to Rule 8.
(b) “Council” means the Council of Management appointed pursuant to Rule 8.
(c) “Financial Year” means the year ending 30th June.
(d) “General meeting” means a general meeting of the members convened.
(e) “Member” means a member of the Association.
(f) “The Act” means the Associations Incorporation Act of 1991.
(g) “The Regulations” mean the regulations under the Act.
2) In these Rules, words importing the singular shall include the plural and vice versa and words importing one gender shall include the other.
3. Objects and purposes of Association
The Association is a non-profit and non-partisan organization, which aims at promoting research and exchange activities related to the Chinese economy. More specifically, its objectives are to:
1) Encourage and stimulate constructive inquiries, exchange and discussion on China’s growth and development;
2) Promote and disseminate research work related to China’s economy and business development; and
3) Provide a venue for post-graduate students to present and discuss their work.
PART II- MEMBERSHIP
4. Membership of the Association
1) �� Any individual person or organisation which engages in teaching or research in any field of the Chinese economy.
2) There shall be two categories of membership, namely:
(a) Full life-time membership;
(b) Honourable membership.
3) The qualifications for each category of membership
(a) Full life-time membership is available to those individuals involved in the study of Chinese economy.
(b) Candidates for Honourable Member is nominated by the President and approved by the Council. It is awarded only to truly outstanding scholars who have made significant contribution to research/teaching on the Chinese economy or to the affairs of the Association over a long period.
4) All members of the Association are entitled to participate in conferences, seminars, and other activities of the Association, and receive its publications on payment of such fees as the Council may from time to time determine.
5) The full life-time members shall be eligible to hold office and to vote at meetings and ballots of the Association.
5. Application for Membership
1) Any individual person who is eligible to become a member of the Association under Rule 3 hereof may become a member of the Association by application made online at the official website of the Association (www.ces-aus.org) and upon the payment of the fees as determined under these Rules.
2)�� ���� The Secretary shall, upon receipt of the amounts referred to in Sub-Rule 5(1), enter the name of such person in the register of members kept by him/her.
6. Subscription Fees
1) The applicable subscription fee, until such time as altered or amended by the Committee pursuant to Sub-Rule (3) hereof, shall be as follows;
(a) In the case of full life-time member: A$100.00
(b)���� In the case of Honourable Member: no fees
2) The full life-time subscription fee as provided above is payable upon the online application.
3) The Committee may, from time to time, on recommendations made by the Council, amend or alter the applicable fees.
7. Register of members
The Secretary shall keep and maintain a Register of Members in which the full name and address of each member shall be entered and the register shall be available for inspection by members at the official website of the Association.
8. Membership entitlements not transferable
All right, privilege or obligation which a person has by reason of being a member of the Association:
(1) is not capable of being transferred or transmitted to another person or organisation; and
(2) terminates upon cessation of the person’s membership.
9. Cessation of membership
A person ceases to be a member of the association if:
(1) A person dies;
(2) A person resigns from membership;
(3) A person is expelled from the association; or
(4) A person fails to renew membership of the association.
10. Resignation of membership
(1) A member is not entitled to resign from membership of the association except in accordance with this rule.
(2) A member who has paid all amounts payable by the member to the association may resign from membership of the association by first giving notice (being not less than 1 month or, if the Committee has determined a shorter period, that shorter period) in writing to the Secretary of the member’s intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.
(3) Where a person ceases to be a member, the Secretary shall make an appropriate entry in the register of members recording to the date on which the member ceased to be a member.
11. Members’ liabilities
The liability of a member to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by Rule 5.
12. Disciplining of members
1) Where the Committee is of the opinion that a member:
(a) has persistently refused or neglected to comply with a provision of these rules; or
(b) has persistently and wilfully acted in a manner prejudicial to the interests of the association,
the Committee may, by resolution:
(a) �� expel the member from the association; or
(b) suspend the member from such rights and privileges of membership of the association as the committee may determine for a specified period.
2) A resolution of the committee under sub-rule (I) is of no effect unless the Council, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under sub-rule (3), confirms the resolution in accordance with this rule.
3) Where the Committee passes a resolution under sub-rule (1), the Secretary shall, as soon as practicable, cause a notice in writing to be served on the member:
(a) setting out the resolution of the Committee and the grounds on which it is based;
(b) stating that the member may address the Council at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice;
(c) stating the date, place and time of that meeting; and
(d) informing the member that the member may do either or both of the following:
i. attend and speak at the meeting;
ii. submit to the Council at or prior to the date of that meeting written representations relating to the resolution.
4)�� Subject to section 50 of the Act, at a meeting of the Council mentioned in sub-rule (2), the Council shall:
(a) give to the member mentioned in sub-rule (I) an opportunity to make oral representations;
(b) give due consideration to any written representations submitted to the Council by that member at or prior to the meeting; and
(c) by resolution determining whether to confirm or to revoke the resolution of the Committee made under sub-rule ( I).
5) Where the Council confirms a resolution under sub-rule ( 4), the Secretary shall within 7 days after that confirmation, by notice in writing inform the member of that confirmation and of the member’s right of appeal under rule 12.
6) A resolution confirmed by the Council under sub-rule (4) does not take effect:
(a) until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or
(b) where within that period the member exercises the right of appeal, unless and until the Association confirms the resolution in accordance with sub-rule 12(4).
13. Right of appeal of disciplined member
1) A member may appeal to the Association in general meeting against a resolution of the Council which is confirmed under sub-rule 11(4), within 7 days after notice of the resolution is served on the member, by lodging with the Secretary a notice to that effect.
2) Upon receipt of a notice under sub-rule ( 1 ), the Secretary shall notify the Committee/Council which shall convene a general meeting of the association to be held within 21 days after the date on which the Secretary received the notice or as soon as possible after that date.
3) Subject to section 50 of the Act, at a general meeting of the Association convened under sub-rule (2):
(a) no business other than the question of the appeal shall be transacted;
(b) the Committee/Council and the member shall be given the opportunity to make representations
(c) in relation to the appeal orally or in writing, or both; and
(d) the members present shall vote by secret ballot on the question of whether the resolution made under sub-rule 11 (4) should be confirmed or revoked.
4) If the meeting passes a special resolution in favour of the confirmation of the resolution made under sub-rule 11 (4), that resolution is confirmed.
PART III -THE COMMITTEE AND THE COUNCIL
14. Division of powers between the committee and the council
1) The committee shall be responsible for the day to day administration of the Association within the general policy guidelines set by the Council in accordance with the objects of the Association as stated in Rule 2 hereof and the resolutions adopted at the general meetings of the Association.
2) The Council shall determine the general policy of the Association in accordance with the Rules and resolutions adopted at the general meetings of the Association.
3) Whenever the Committee is compelled to make an administrative decision which falls beyond the delegated powers of the said Committee, the Committee shall obtain prior informal approval of the Council thereto and in such event, the Council may,
(a) within 14 days after the date on which such informal approval has been granted, ratify the decision made by the Committee; or,
(b) as soon as possible but in any event prior to any action being taken on the decision of the Committee, revoke the said decision. Provided however, if the Council fails to ratify or revoke the said decision within the stipulated period, such a decision shall become binding upon the Association.
15. Constitution and membership
1) The Committee shall consist of:
(a) The President;
(b) The Secretary;
(c) The Treasurer;
(d) The immediate past President; and
(e) The President-elect.
2) The Council shall consist of:
(a) the Executive Committee,
(b) six members representing geographical regions elected by the members; and
(c) a maximum of three additional members who may be appointed at the discretion of the elected councillors, to ensure, where necessary, the equitable representation.
3) Candidates of the Committee should be
(a) directly involved in research and teaching on China;
(b) active in the Association affairs;
4) The terms for the President, the Secretary and the Treasurer are two years. The term for the Council members are four years, in every two years half of the Council positions are open for election.
16. Election of members of the committee and the council
1) Members of the Committee and the Council shall be elected by the members of the Association as provided below, excepting where the following members are concerned who shall be appointed by the existing members of the Council,
(a) the three additional members to ensure equitable representation.
(b) any members to fill casual vacancies for the remainder of the vacating member’s term of office.
(c) convenor of the annual conference.
2) The election should follow the following rules:
(a) the Members of the Committee and half members of the Council shall be elected by postal ballot or at the General Meeting not less than once in every two calendar years.
(b) the Secretary shall call for nominations for the positions enumerated in Rules 14.
(c) members shall be entitled to cast one vote for each executive position, one vote for a councillor position.
(d) the candidates who receive the greatest number of votes shall be elected.
(e) if insufficient nominations are received to fill all vacancies on either the Committee or the Council, the candidates nominated shall be deemed to be elected and further nominations shall be called by the Secretary .
3) Once the new Council is formed, a Chairman of the Council shall be elected by the Council members at its first meeting.
1) The Secretary of the association shall, as soon as practicable after being appointed as Secretary, notify the association o f his or her address.
2) The Secretary of the Association shall keep minutes of the resolutions and proceedings of:
(a) each general meeting;
(b) each Council meeting, and
(c) each Committee meeting in books provided for that purpose together with a record or the names of persons present at such meetings.
3) Minutes of proceedings at a meeting shall be signed by the person presiding at the meeting or by the person presiding at the next succeeding meeting.
1) The Treasurer of the Association
(a) shall make efforts to raise fund for activities of the Association, together with the President.
(b) shall collect and receive all monies due to the Association and make all payments authorised by the Association.
(c) shall keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.
2) The accounts and books referred to in Sub- Rule ( I) shall be available for inspection by members.
3) The Treasurer shall, as soon as possible after the 30th June of each year, prepare and furnish to the Committee, reports of the operations of the Association together with financial statement of receipts and expenditure for the year and a statement of the assets and liabilities of the Association.
4) This report, once scrutinised and approved by the Committee, shall be tabled at an annual general meeting of the members of the Association.
19. Vacation and termination of office
1) ���� The office of a member of the Committee or the Council shall become vacant upon:
(a) the death of such a member,
(b) such a member becoming bankrupt or of unsound mind,
(c) the resignation from his/her office, (such notice shall take effect after one month’ s notice in writing to the Secretary of his/her intention to resign and on the expiration of the said period)
(d) the cessation of his/her membership of the Association, or
(e) the failure of such a member to attend two consecutive meetings of the Committee or the Council without having been granted leave by the Secretary.
2) The office of a member of the Committee or the Council shall not be terminated by the Council unless,
(a) such a member is found guilty of gross misconduct in relation to the conduct of the business of the Association, and
(b) a resolution to that effect is adopted by the Council.
20. Proceedings of the committee
1) The Committee shall meet as many times as it may be deemed necessary for the purpose of efficient administration of the affairs of the Association.
2) The meetings of the Committee may be convened by the President or by any three members of the Committee.
3) Notice of meetings shall be given to the members of the Committee specifying the nature of the business to be transacted but, whenever it is deemed necessary by the President to transact any other business that is not specified in the notice, such business may be transacted at such meeting.
4) Any three members of the Committee shall constitute the quorum for the transaction of the business of a meeting of the Committee.
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 cancelled by the President or, in the case of a meeting called by any other three members, by the said members.
5) �� At a meeting of the Committee, the President or in his/her absence the Secretary shall preside.
Questions arising at a meeting of the Committee or of any sub- committee shall be determined on a show of hands.
Each member present at a meeting of the Committee or of any sub-committee appointed by the Council (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.
The notice of each Committee meeting shall be served on members of the Committee either in writing or by telephone message, at least two days prior to the date of the meeting.
Subject to Sub- Rule (4) the Committee may act not withstanding any vacancy on the Committee.
21. Proceedings of the council
1) The Council shall meet at least once in each year, physically or electronically, at such place and such time as the Council determines.
2) The Council meetings may be convened by either the Secretary or by any two members of the Council.
3) Notice in writing shall be given to the members of the Council of its meetings at least seven days prior to the meeting.
4) Any four members of the Council of whom at least three shall be elected members, shall constitute a quorum.
5) No business shall be transacted unless the quorum as specified in Sub-Rule (4) 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.
6) At a meeting of the Council:
(a) The President or in his/her absence the Secretary shall preside; or
(b)�� If the President and the Secretary are absent such one of the remaining members of the Committee as may be chosen by the members present shall preside.
7) Questions arising at a meeting of the Council shall be determined on a show of hands.
8) Each member present at a meeting of the Council is entitled to one vote and in the event of an equality of votes on any question, the person presiding may exercise second or casting vote, and these rules, subject to such notification as necessary, shall apply to postal ballots.
9) Subject to Sub-Rule (4) the Council may act not withstanding any vacancy in the Council.
The Council may where appropriate, within seven days of any of its meetings, decide to hold a postal ballot of all members of the Association on any resolution considered by the Council as necessary to be carried by the members of the Association. In such situation, the Council shall issue a statement giving reason for the ballot and provide ballot papers to all its members within 30 days of the Council meeting and the ballot shall close 60 days after the Council meeting.
The results of such ballots shall be binding upon the Association.
22. Delegation by committee to sub-committee
1) The Committee may, by instrument in writing delegate to one or more sub-committees ( consisting of such member or members of the association as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than:
(a) This power of delegation; and
(b) A function which is a function imposed on the committee by the Act, by any other law of the Territory, or by resolution of the Association in general meeting.
2) A function, the exercise of which has been delegated to a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
3) A delegation under this rule may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
4) Notwithstanding any delegation under this rule, the Committee may continue to exercise any function delegated.
5) Any Act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the Committee.
6) The Committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
7) A sub-committee may meet and adjourn as it thinks proper.
PART IV -GENERAL MEETINGS
23. Annual general meeting
1) The Association shall in each calendar year convene an annual general meeting of its members.
2)������ �������������� �������� The annual general meeting shall be held, on such day as the Committee in consultation with the Council, determines.
3) The annual general meeting shall be specified as such in time notice convening it.
4) The ordinary businesses 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 and the Council reports upon the transactions of the Association during the last preceding financial year;
(c) to decide affairs related to the annual conferences in the following years;
(d) to elect members of the Committee and Council every other year; and
(e) to discuss any other matters recommended by the Committee/Council and specified in the notice before hand.
5) Five members present in person (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
6) The annual general meeting should be presided by the President or, in the absence of the President, the Secretary or any other member appointed by the Committee.
7) �� The annual general meeting may transact special business of which notice is given in accordance with these Rules.
8) The annual general meeting shall be in addition to any other general meetings that may be held in the same year.
24. General meetings
1) The Committee, with the consent of the Council, may convene a general meeting of the association when it thinks fit.
2) The Committee shall, on the requisition in writing of not less than 10 per cent of the total number of members, convene a general meeting of the Association.
3) A requisition of members for a general meeting –
(a) shall state the purpose or purposes of the meeting;
(b) shall be signed by the members making the requisition;
(c) shall be lodged with the Secretary; and
(d) may consist of several documents in similar form, each signed by one or more of the members making the requisition.
4) The Secretary should arrange to send a notice to all the members at least 14 days prior to the meeting. The notice should specify clearly time, place and purpose of the general meeting.
5) No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual
6) Five members present in person (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
7) The general meeting should be presided by the President or, in the absence of the President, the Secretary or any other member appointed by the Committee.
25. Quorum, decisions, voting and appointment of proxy
1) A question arising at a general meeting of the association shall be determined on a show of hands and, unless before or on the declaration of the show of hands a pool is demanded, a declaration by the person presiding that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
2) At a general meeting of the association, a poll may be demanded by the person presiding or by not less than 3 members present in person or by proxy at the meeting;
3) Where the poll is demanded at a general meeting, the poll shall be taken:
(a) immediately in the case of a poll which relates to the election of the person to preside at the meeting or to the question of an adjournment; or
(b) in any other case, in such manner and at such time before the close of the meeting as the person presiding directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.
4) �� Subject to sub-rule (6), upon any question arising at a general meeting of the association a member has one vote only.
5) All vetoes shall be given personally or by proxy but no member may hold more than five proxies
6) In the case of an equality of votes on a question at a general meeting, the person presiding is entitled to exercise a second or casting vote.
7) A member or proxy is not entitled to vote at any general meeting of the association unless all money due and payable by the member or proxy to the association has been paid, other than the amount of the annual subscription payable in respect of the then current year.
8) Each member shall be entitled to appoint another member as proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
9) The notice appointing the proxy shall be in the form set out in Appendix 2 to these rules.
PART V- MISCELLANEOUS
1) The funds of the association shall be derived from the annual subscription fees of members, donations and, subject to any resolution passed by the association in general meeting and subject to section 114 of the Act, such other sources as the Committee determines.
2) All money received by the Association shall be deposited as soon as practicable and without deduction to the credit of the Association’s bank account.
3) The Association shall, as soon as practicable after receiving any money, issue an appropriate receipt.
4) �� The Committee shall cause to open a bank account in the name of the Association with a bank nominated by the Council.
5) All spending must be approved by the Committee before hand.
6) All cheques drawn on that account shall be signed by the Treasurer and 1 other Committee member, with the consent of the Committee.
7) The Council may, from time to time, open additional accounts in other banks for limited purposes such as the annual conference and publications and, specify the manner of operation of such accounts
1) The Common Seal of the Association shall be kept in the custody of the Secretary.
2) 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 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.
28. Alteration of rules and statement of purposes
1) The Rules and the Statement of Purposes of the Association shall not be altered except in accordance with the Act and subject to the following procedure.
(a) Any proposed amendment shall be:
i. proposed by the Councillor,
ii. proposed by a member, seconded by another member .
(b) The proposals are collected by the Secretary and voted at a General Meeting.
29. Custody and inspection of records
1) Except as otherwise provided in these Rules, the Secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Association.
The records, books and other documents of the association shall be open to inspection at a place in the territory, free of charge, by a member of the association at any reasonable hour.