Version No. 001
Royal Society for the Prevention of Cruelty
to Animals Act 1968
Act No. 7690/1968
Version as at 26 February 2003
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
Page
3
4
4
7
8
Short title
Definitions
Validations
As to property
Saving
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SCHEDULE
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1. General Information
21
2. Table of Amendments
22
3. Explanatory Details
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i
Version No. 001
Royal Society for the Prevention of Cruelty
to Animals Act 1968
Act No. 7690/1968
Version as at 26 February 2003
An Act relating to the Incorporation and Administration of the
Royal Society for the Prevention of Cruelty to Animals and for
other purposes.
WHEREAS in the year One thousand eight
hundred and seventy-one the Society known as
"The Victorian Society for the Protection of
Animals" (which society under that name and its
successive names and descriptions as hereafter
described is hereinafter referred to as "the
Society") was formed having for its purposes the
prevention of cruelty to animals by enforcing
where practicable the existing laws and by
procuring such further legislation as may be found
expedient and for other kindred purposes:
AND WHEREAS the Society being then an
unincorporated association adopted rules or bylaws from its inception and pursuant to such rules
or by-laws adopted a revised set of rules at a
meeting of its general committee on the sixth day
of August, 1895:
AND WHEREAS on the fourteenth day of
October, 1895 the Society was incorporated under
the provisions of the Hospitals and Charities Act
1890 under the name and style of the Victorian
Society for the Protection of Animals, notice of
such incorporation appearing in the Victoria
Government Gazette on the eighteenth day of
October, 1895:
AND WHEREAS the officers of the Society
thereafter failed to have the rules previously
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Preamble
Act No. 7690/1968
adopted on the sixth day of August, 1895
subsequently adopted by the committee of the
Society after such incorporation or to have such
rules confirmed by a general meeting of
contributors to the Society or to have the said rules
published in the Victoria Government Gazette
pursuant to the provisions of the Hospitals and
Charities Act 1890:
AND WHEREAS the officers of the Society from
the date of incorporation conducted elections,
appointed officers and staff and carried on the
administration of the Society in compliance with
such pre-existing rules and thereafter adopted
amendments thereto from time to time, including
new by-laws adopted by the Society on the
nineteenth day of October, 1943:
AND WHEREAS the name of the Society was in
the year 1954 changed to the Society for the
Prevention of Cruelty to Animals as appears in the
Victoria Government Gazette of the first day of
September, 1954 and such name was in the year
1956 further changed to The Royal Society for the
Prevention of Cruelty to Animals as appears in the
Victoria Government Gazette on the twenty-first
day of March, 1956:
AND WHEREAS the general committee of the
Society on the twenty-seventh day of April, 1965
adopted amended by-laws (hereinafter described as
the 1965 by-laws) in purported compliance with
the provisions of its previously adopted by-laws
and thereafter conducted a ballot and at a
subsequent general meeting of the Society on the
twenty-fifth day of May, 1965 purported to
confirm the 1965 by-laws:
AND WHEREAS in an action by a contributory
member of the Society brought against the Society
in the Supreme Court of Victoria and numbered
1720 of 1965 His Honor Mr. Justice Starke held
inter alia on the ninth day of March, 1967 that
there had been no valid rules or by-laws of the
Society since the incorporation of the Society and
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accordingly no validly appointed officers or
servants or validly admitted contributors or
members of the Society:
AND WHEREAS as a result of the said judgment
doubts have arisen (inter alia) as to the validity of
the Society's by-laws, its legal status and
membership and the election and appointment of
its general committee office bearers and employés
and as to the validity of the acts of such persons in
the purported exercise of the powers and functions
of the Society:
AND WHEREAS it is expedient to declare that all
persons who are now acting or have at any time
acted as members of the general committee or
office bearers or employés of the Society shall be
deemed to have been duly elected or appointed (as
the case may require) and to make further
provisions with regard to such persons and to the
acts of such persons as is hereinafter provided:
AND WHEREAS it is expedient to remove doubts
that have arisen as to the legal existence, the
membership and control of the Society and for the
valid operation of the by-laws of the Society and
for the protection of the trust funds, real estate and
other assets of the Society and for other matters
relating thereto as is hereinafter provided:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
1. Short title
This Act may be cited as the Royal Society for
the Prevention of Cruelty to Animals Act 1968
and shall come into operation on the passing
thereof.
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2. Definitions
In this Act unless inconsistent with the context or
subject-matter—
"by-laws" means the by-laws or rules of the
Society from time to time adopted by its
financial members since the formation of the
Society;
"general committee" means the general
committee of the Society operating from
time to time;
"property" means any interest in real and
personal property whether within or without
the State of Victoria;
"Society" means the Society known as The Royal
Society for the Prevention of Cruelty to
Animals and previously known and
described as The Victorian Society for the
Protection of Animals and the Society for the
Prevention of Cruelty to Animals and
includes the unincorporated Society
operating prior to the incorporation of the
Society.
3. Validations
Notwithstanding anything in the Hospitals and
Charities Act 1890 or any other legislative
enactment—
(a) the Society now is and at all times since the
eighteenth day of October, 1895 shall be
deemed to have been duly incorporated and
to have been a body corporate pursuant to
the provisions of the Hospitals and
Charities Act 1890 and as such now has and
shall continue to have permanent succession
and a common seal and under the name
aforesaid may sue and be sued prosecute and
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defend and take and suffer all other
proceedings in al courts;
(b) all persons who are at the passing of this Act
acting or have at any time acted as office
bearers or committee members of the Society
shall be deemed to be or to have been duly
elected or appointed office bearers or
committee members (as the case may
require);
(c) the Secretary and other employés of the
Society who at the passing of this Act are
acting or have at any time acted in such
capacity shall be deemed to be or to have
been validly appointed or employed (as the
case may require);
(d) save as is hereinafter stated the by-laws or
rules purported to have been adopted by the
Society from time to time since the
formation of the Society including the rules
adopted by the Society on the sixth day of
August, 1895 immediately prior to its
incorporation as aforesaid shall be deemed to
have been validly adopted and to have had
full force and effect in the control of and
administration of the affairs of the Society
and all acts of all such persons as are
described in sub-clauses (b) and (c) hereof
purported to have been done in the exercise
of the powers or functions of the Society or
of its general committee under such by-laws
or rules shall be deemed to have been acts
done in the due and proper exercise of such
powers and functions and shall not be called
in question or challenged in any proceeding
in any court whatsoever;
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Royal Society for the Prevention of Cruelty to Animals Act 1968
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(e) so much and such parts of the by-laws
purporting to have been adopted by the
general committee of the Society on the 27th
day of April, 1965 and purported to be
confirmed by a general meeting of
contributory members of the Society on the
twenty-fifth day of May, 1965 as are set out
in the Schedule hereto together with such
additions thereto as are set out in the said
Schedule shall be deemed to be the existing
by-laws of the Society and to have been
properly adopted and confirmed and to be in
operation since the twenty-fifth day of May,
1965;
(f) the Society may from time to time in manner
provided by its by-laws make further bylaws and rules (not inconsistent with this
Act) and such alterations in and amendments
and additions to the by-laws as may from
time to time be considered by its members to
be necessary expedient or desirable;
(g) any person who was at any particular time
since the formation of the Society a
contributory member, ordinary member, or
junior member of the Society in accordance
with the provisions of the by-laws which
purported to be in operation at that particular
time shall be deemed to have been at that
time a member of the Society as aforesaid
and all persons who were contributory
members, ordinary members or junior
members of the Society in accordance with
the by-laws which purported to be in
operation at the passing of this Act namely
the 1965 by-laws shall be deemed to be at
the passing of this Act members as aforesaid
subject, (a) to their having paid such
contributions as have become due from time
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Act No. 7690/1968
to time under the 1965 by-laws, and (b) to
their having complied with the other
conditions of membership under the 1965
by-laws;
(h) notwithstanding anything contained in the
by-laws the term of office of any office
bearer or member of the general committee
who under this Act is deemed to hold or
retain such office or membership under the
by-laws as at the 30th day of June, 1967
shall from the coming into operation of this
Act be extended for a period of one year
additional to the term of office or
membership (as the case may require) that he
or she is otherwise entitled to enjoy under
the by-laws.
4. As to property
(a) All property in fact held by the Society or by any
person or persons on its behalf either absolutely or
on trust or for any purpose whatsoever at the
passing of this Act shall from and after the coming
into operation of this Act vest in the Society or the
person or persons as aforesaid without the
necessity for any conveyance transfer or other
assurance for such property and shall henceforth
be held managed and dealt with by the Society or
such persons as the Society or its proper officers
may from time to time under its by-laws direct
subject nevertheless to any trusts mortgages liens
and other charges affecting the same immediately
prior to the date of such vesting.
(b) The Society may receive hold and enjoy property
absolutely or upon trust and may grant transfer
convey exchange demise (whether by way of lease
or otherwise) create easements over or otherwise
dispose of either absolutely or by way of
mortgage charge lien or other encumbrance any of
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Royal Society for the Prevention of Cruelty to Animals Act 1968
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the property at any time belonging to the Society
provided that if any such property is subject to any
trust the provisions of such trust shall be carried
out by the Society in accordance with any
testamentary disposition trust deeds or other
instrument creating the trust, and generally the
Society may exercise subject to the provisions of
this Act all powers rights and privileges incident
to a body corporate.
5. Saving
Notwithstanding the enactment of this Act the
rights of the parties under the judgment of His
Honor Mr. Justice Starke in action number 1720
of 1965 in the Supreme Court of Victoria shall be
and remain in all respects the same as they would
have been if this Act has not been passed.
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Sch.
SCHEDULE
BY-LAWS
Name of the Society
1.
The name of the Society is "The Royal Society for the Prevention of
Cruelty to Animals" it having on Petition been declared a body politic
an corporate under the Hospitals and Charities Act 1890 (54 Vic.,
No. 1099) by the Governor in Council on 14th October, 1895 (vide
page 1474 of the Victoria Government Gazette dated 8th February,
1956).
Interpretation
2.
In the interpretation of these By-laws words signifying the singular
number may include the plural number and vice versa and words
signifying the masculine gender shall include the feminine gender.
Objects
3.
The objects of the Society are to prevent cruelty to animals by
enforcing, where practicable, the existing laws, by procuring the
passage of such further legislation as may be thought expedient, by
executing and sustaining an intelligent public opinion in this regard and
by doing all things conducive and incidental to the attainment of the
foregoing objects and in particular—
(a)
to take such steps and do such things as may be necessary or
advisable to educate all persons in the community with regard to
the humane treatment of animals;
(b) to diffuse information as to the care, protection and treatment of
animals, by the publishing and circulating of literature, by the
organizing and delivery of lectures, and the promotion of essay
and other competitions, by wireless broadcasting of addresses and
talks, the use of television for the presentation of information of
this nature and by any lawful means of communication;
(c)
to conduct, manage, operate or encourage and subsidise clinics,
hospitals, homes, shelters for the care, treatment, maintenance and
protection of animals and to acquire and conduct ambulance and
other means of transport for animals;
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Royal Society for the Prevention of Cruelty to Animals Act 1968
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Act No. 7690/1968
(d) to prepare, edit, print, publish, issue, acquire and circulate books,
papers, periodicals, gazettes, circulars and other literary
productions relating to the care and treatment of animals or any
research or investigation undertaken with reference thereto.
4.
The Society shall keep a register of members with their full names and
addresses and the date of commencement of their membership. A
member may inspect and take copies of the register or any entry in the
register at any reasonable time.
5.
Any person desiring to become a member of the Society shall make
application on the prescribed form in which shall be included an
undertaking to be bound by the By-laws of the Society.
Membership of the Society shall be constituted as follows—
(a)
persons who at any time during the twelve months ending
30th June in any one year shall have contributed on their own
behalf the sum of two dollars or more, provided that such person
shall not have been disqualified from membership in accordance
with the By-laws;
(b) persons elected by the General Committee as—
(i)
Life Members by virtue of their having contributed on their
own behalf in one donation to the Society forty dollars or
more;
(ii) Honorary Members on the ground that they have conferred a
signal benefit on the Society;
(c)
any one person nominated as a contributor by any organization,
corporation, company or firm which during the period aforesaid
shall have contributed to the Society twenty dollars or more;
(d) any one person nominated as a contributor by the employees of
any organization, corporation, company, firm or employer who
have contributed to the Society during the period aforesaid ten
dollars or more;
(e)
any one person nominated as contributor by the executors or
trustees of any Will who have allocated at least one hundred
dollars to the Society in one donation out of any moneys of the
Testator not specifically directed to be paid to the Society under
the Will;
(f)
no nominated member shall be a person disqualified for
membership in accordance with these By-laws;
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(g) persons under the age of 18 years who within the period ending on
30th June in any one year shall have contributed on their own
behalf to the Society the sum of ten cents. Such members shall be
referred to as Junior Members and shall have no voting rights but
shall otherwise be bound by these By-laws.
6.
(a) Notwithstanding anything in the preceding clauses the General
Committee may reject any application for membership in any
category or may refuse to renew or may cancel any membership
upon being satisfied that any of the following grounds exist—
(i)
that the person concerned has made or caused to be made or
published false, unfair, extravagant, fraudulent, derogatory or
harmful statements concerning the Society or its activities or
its General Committee, Office Bearers or Staff in the
performance of their duties;
(ii) that the person concerned has either before or since applying
for membership expressed views or acted in a manner
inconsistent with or detrimental to the aims and objects of the
Society.
(b) The powers under Clause 6(a) shall not be interpreted so as to
prevent fair and honest criticism nor shall it apply to any written
material forwarded to the General Committee nor to matters raised
in good faith at any General Meeting of the Society.
(c)
Any member aggrieved by the decision of the General Committee
in exercise of its powers under the preceding sub-sections may
request the Committee to ask the Secretary of the Law Institute of
Victoria or the Victorian Bar Council to appoint an Arbitrator to
deal with the matter. After hearing all parties the Arbitrator shall
make his decision which shall be binding on the Society and the
member. The Arbitrator shall make such order as to costs as he
may deem fit. Neither party to such an arbitration shall be entitled
to legal representation and the time and place and form of the
hearing shall be prescribed by the Arbitrator.
(d) Notwithstanding anything contained in this clause membership of
the Society shall cease should any member be in arrears with his
subscription for a period of three months after the 30th June in any
year.
General Committee
7.
The Governing body of the Society shall be the General Committee
which shall consist of the following Office-Bearers: a President, two
Vice-Presidents, an Honorary Treasurer and fourteen other members.
All such members shall be contributory members. If it be found after
any Annual Election of the General Committee that no member duly
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Act No. 7690/1968
elected is a Veterinary Surgeon or a member of the Victoria Police or a
member of a recognized Accountancy Organization, the President shall
approach the Australian Veterinary Association (Victorian Division) or
the Chief Commissioner of Police or the Registrar of a recognized
Accountancy Organization (as the case may be), and request
nomination of a representative from such body. Such nominee shall
thereupon become a member of the General Committee for the year in
question and have all the rights and duties of the members of the
General Committee notwithstanding that he may not be a financial
member of the Society. The Nominee shall retire at the end of the
financial year and cease to hold office after the Annual General
Meeting unless he becomes a financial Member and stands for election
and is duly elected to office.
8.
The members of the General Committee shall be elected at an Annual
Election at the time of the Annual General Meeting for a period of three
years and on the day of the Annual General Meeting in each year six of
the said members shall retire from office but shall be eligible for reelection. The members who shall retire shall be—
(a)
any member appointed to fill a casual vacancy during the
preceding year up to a total of six in number and if less than six;
(b) such other members as have been longest in office without reelection.
9.
The Office-Bearers shall be elected by the General Committee at the
first Committee Meeting after the Annual General Meeting and shall
hold office for one year but shall be eligible for re-election.
10.
The names of the members of the General Committee who shall retire
in accordance with By-laws 8 and 9 shall be determined at the meeting
of the General Committee held in the month of May in each year.
Should it be necessary to determine the six members to retire by the
inclusion of some or one only of members of equal length of service
then the members to be so included shall be determined by agreement
or in default thereof by lot.
11.
If any member of the General Committee—
(a)
dies;
(b) resigns by writing under his hand addressed to the Secretary of the
Society;
(c)
becomes bankrupt or insolvent or compounds with his creditors or
makes a deed of agreement for the benefit of his creditors;
(d) ceases to be a Contributory Member of the Society;
(e)
is convicted of any treason, felony or grave misdemeanour; or
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(f)
is absent without the permission of the General Committee from
four consecutive ordinary Meetings of the General Committee—
his office shall thereupon become vacant.
12.
In the event of any casual vacancy on the Committee the remaining
members thereof may temporarily appoint thereto a Contributory
Member.
Duties and Powers of the General Committee
13.
The first duty of the General Committee on taking Office each year will
be to request the Governor of the State of Victoria, if not already
appointed, to become Patron of the Society. Should, for any reason the
Governor be unable to accept patronage of the Society, the Lieutenant
Governor shall be requested to accept such appointment.
14.
The General Committee shall have control of the affairs, property and
funds of the Society. It shall have in its control all appointments and
dismissals of members of the Staff, it shall fix their salaries and
conditions of employment and generally shall be entrusted with the
duty of taking such action as it may deem expedient to promote and
carry out the objects of the Society. It shall have power to appoint such
Veterinary Surgeons and Solicitors as it may think desirable. The
General Committee shall have power to give directions or make
regulations from time to time for the conduct of elections and the
carrying on of the business affairs of the Society in so far as these
matters are not covered by any of the By-laws of the Society.
15.
The General Committee shall have power to appoint such Subcommittees as may be found necessary but such Sub-committees shall
be composed of members of the General Committee.
The President shall be an ex-officio member of all such Subcommittees.
Meetings of the General Committee
16.
The General Committee shall meet monthly except in January at such
times as it may decide. In the absence of the President and VicePresidents the members present shall choose a Chairman. At any
meeting of the General Committee six members thereof shall form a
quorum. All questions shall be decided by the votes of a majority of the
members present and in the case of an equality of votes, the Chairman
shall have a second or casting vote.
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General Meetings
17.
A General Meeting of the Society may be called by the General
Committee at any time and shall be called by the Secretary upon the
written request of not less than six members of the General Committee
or not less than 100 contributory members of the Society stating the
purpose for which they desire the meeting to be called. Voting at
General Meetings shall be by simple majority of those members present
and entitled to vote.
18.
Every General Meeting shall be advertised by the Secretary in two daily
newspapers circulating in the City of Melbourne at least 35 days before
the date on which the meeting is to be held giving the exact time and
place of such meeting.
19.
The President or in his absence one of the Vice-Presidents shall preside
at every General Meeting. In the absence of the President or VicePresidents the members shall choose some other member of the General
Committee to be Chairman.
20.
Twenty-five members shall form a quorum at any General Meeting or
Annual General Meeting.
Annual General Meetings
21.
An Annual General Meeting shall be called by the Secretary acting on
the authority of the General Committee on some day between the first
day of July and the thirty-first day of August in each year.
22.
The business to be transacted at the Annual General Meeting shall be—
(a)
to receive the report of the General Committee for the preceding
financial year;
(b) to receive the accounts and balance sheet duly certified by the
Society's auditor for the preceding financial year;
(c)
to elect such members of the General Committee as may be
necessary;
(d) to appoint and fix the remuneration of an auditor for the ensuing
year;
(e)
to decide on any motion submitted by an eligible member of which
notice in writing shall have been submitted to the Secretary by the
proposer at least 28 days prior to the date fixed for the meeting.
Procedure for the election of the General Committee
23.
The election for the General Committee shall be held on the same day
as the Annual General Meeting of the Society.
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24.
The Secretary shall include in the notice advertising the holding of the
Annual General Meeting notification that nominations are called for in
respect to the specified number of vacancies to be filled on the General
Committee of the Society and that such nominations—
(a)
must be in writing signed by the candidates and two other
members all of whom shall at the date of nomination be financial
contributory members of the Society; and
(b) must be in the hands of the Secretary by twelve noon on a date
specified in the notice such date to be at least twenty-one days
prior to the date of the annual election.
25.
The General Committee shall at least two months before the date of the
Annual General Meeting appoint a Returning Officer for the purpose of
the election but no person shall act in such office if he is a member of
the General Committee, a candidate for election or a permanent
employee of the Society and such Returning Officer shall be a person
who has acted in a responsible capacity regularly at Municipal State or
Federal elections.
26.
Immediately after the close of nominations the Secretary shall cause a
list of the eligible persons nominated to be posted on a Notice Board at
the registered office of the Society.
27.
If the number of candidates is no greater than the number of vacancies
to be filled the Chairman of the Annual General Meeting shall at that
meeting declare such candidates duly elected and they shall take office
from the closing of such meeting. Notwithstanding anything in the
preceding clauses, the General Committee of the preceding year shall
hold office until the close of the Annual General Meeting and the new
Committee shall thereupon take office.
28.
If there are more candidates than vacancies to be filled the election shall
be by ballot of the members conducted in the following manner—
(a)
The Secretary shall cause ballot papers to be prepared containing
the names of the candidates in alphabetical order with an asterisk
against the names of retiring members eligible for re-election and
containing directions as to the method of voting. Such directions
shall advise the contributory member—
(i)
that the ballot paper shall be completed by marking a number
in each square opposite the candidates names in order of the
voter's preference, commencing with the number 1 and
continuing consecutively until each square is filled;
(ii) that the completed ballot paper shall then be placed in the
smaller envelope supplied and sealed and that this envelope
shall then be placed in the larger envelope supplied upon the
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inside flap of which the voter shall legibly write his name,
initials and address;
(iii) that the outer envelope enclosing the smaller envelope shall
be sealed and addressed to the Returning Officer at such
address as he may direct and posted so as to be received by
him not later than the time of closing of the ballot;
(b) the Secretary shall not less than fourteen days prior to the closing
of the ballot post in a prepaid envelope addressed to each member
eligible to vote a ballot paper initialled on the back by the
Secretary and the Returning Officer and stamped with the official
stamp of the Society together with two other envelopes.
The larger of such envelopes shall be a "Business Reply" envelope
addressed to the Returning Officer and shall be numbered with the
individual register number of each member entitled to vote.
The smaller envelope shall be clearly marked "Ballot Paper";
(c)
alternatively members may vote by delivering their ballot papers to
the Returning Officer before the ballot closes by placing the same
in a ballot box to be provided by him at the time and place of the
Annual General Meeting.
29.
The ballot shall close half an hour after the time fixed for
commencement of the Annual General Meeting. At the close of the
ballot the Returning Officer shall proceed to remove the envelopes
containing the ballot papers from the ballot box, and shall open such
envelopes and all other envelopes received by him through the post
before the close of the ballot. He shall reject any ballot paper which is
not marked in accordance with the requirements of these By-laws and
shall proceed with such assistance as he may require to count the votes
recorded on the remaining ballot papers. The Returning Officer shall
conduct the said ballot by the preferential system of voting and subject
to any regulations adopted by the General Committee. Except in so far
as it may be inconsistent with these By-laws or such regulations the
Returning Officer shall use the system of Preferential Voting prescribed
by the Model By-laws of the Hospital and Charities Commission.
30.
Any candidate or any two or more candidates jointly may appoint a
Scrutineer who shall be a financial contributory member of the Society.
No candidate shall appoint or join in appointing more than one
Scrutineer. Such appointment shall be in writing addressed to the
Returning Officer and signed by the candidate or candidates making the
appointment and shall bear in the margin a specimen signature of the
Scrutineer. Such writing shall be delivered to the Returning Officer at
the Society's Registered Office at least an hour before the time fixed for
the closing of the ballot. No person shall act as Scrutineer until the
Returning Officer has satisfied himself as to the identity of such person
with the Scrutineer appointed by such writing.
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31.
Any Scrutineer properly appointed may be present at any stage of the
proceedings for checking the identity of the voters with the roll
examining the ballot papers and counting the votes. In the case of any
dispute as to the adequacy of marking or otherwise as to the validity of
any ballot paper the decision of the Returning Officer shall be binding
and conclusive.
32.
No election shall be invalidated by reason of the fact that any notice or
paper required by these By-laws shall not have been received by any
member provided that the notice referred to in By-law 24 hereof shall
have been duly published.
33.
The Returning Officer shall after the poll closes proceed to count the
votes and shall then declare the result of the ballot by signing the
Certificate in the presence of the Scrutineers (if any) and if none in the
presence of the Secretary and the result of the ballot so certified shall be
published in the two daily newspapers in which notices of the election
were published.
34.
If at any Annual Election for the General Committee the places of
retiring members not standing for re-election are not filled the General
Committee shall regard the vacancies in the same way as any casual
vacancy and shall proceed to appoint such contributory members as
they think fit to fill such vacancies.
35.
For the purpose of the election of the General Committee the Secretary
shall supply to the Returning Officer the complete roll of members
including their names and addresses, date of payment of their
subscription and any other details relevant to their eligibility to vote.
The Secretary shall also supply a similar complete roll of members
eligible to vote which shall be available to Scrutineers. In the event of
any dispute as to eligibility to vote the decision of the Returning Officer
shall be based on the complete roll and shall be final.
Notices
36.
Any notice to any officer or member of the Society which by these Bylaws is required to be given may be served by delivering it to the person
on whom it is to be served or by sending it by post in a prepaid letter
addressed to him at his usual or last known place of abode or business
within such time (if any) as is so prescribed and evidence of postage
shall be deemed to be sufficient evidence of service for the purposes of
these By-laws.
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Secretary
37.
The General Committee may appoint and at its discretion remove or
suspend a Secretary to the Society and fix his remuneration.
It shall be the duty of the Secretary to keep accurate minutes of the
proceedings of the Society and of the General Committee and to
conduct the correspondence of the Society under the direction of the
General Committee. He shall also be charged with the care of the
books, documents and all property of the Society. He shall prepare an
Annual Report. He shall keep the Membership Rolls as set forth in Bylaw 4 and perform such duties as are incidental to the enforcement of
these By-laws and as may be directed or permitted by the General
Committee.
Honorary Treasurer
38.
The Honorary Treasurer shall be a member of a recognized Accounting
Organization and shall have charge of the moneys, securities and other
valuable property of the Society and shall, subject to any direction from
the General Committee disburse its funds, invest or realize investments
and generally act in and supervise all matters concerning the finances of
the Society. He shall cause proper accounting records to be kept of the
transaction of the Society and shall produce to the General Committee
his books of account and records and such documents relating thereto as
may be required.
He shall make an Annual Report of the Assets and Liabilities and shall
submit to audit the accounts of the Society and such other financial
records of the Society as he is required to keep.
Seal
39.
The Seal now in use by the Society shall be adopted as its Common
Seal and the General Committee shall provide for safe custody of the
Seal.
The Common Seal of the Society shall be affixed to documents by two
members of the General Committee in the presence of the Secretary and
such application of the Seal shall be entered in a Register kept for this
purpose and produced to the General Committee at each meeting
thereof.
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Investments
40.
Any change in the investments of the Society shall be made only on a
recommendation by a majority of the Finance Sub-Committee where
such has been appointed, confirmed by a majority of the General
Committee or by a majority of the General Committee where no
Finance Sub-Committee has been appointed.
Alteration to By-Laws
41.
Alterations of or additions to these By-laws shall be made in the
following manner:
(a)
Any financial member of the Society may from time to time
submit in writing to the General Committee any proposed
amendment to these By-laws (hereinafter called "the proposed
amendment") and the General Committee shall by resolution
within two calendar months of receiving the proposed amendment
either adopt or reject or adopt in altered form any such proposed
amendment.
(b) The General Committee may also of its own motion from time
to time by resolution adopt any proposed amendment to the then
By-laws.
(c)
The General Committee shall at the Annual General Meeting or
General Meeting next held after the adoption of any resolution
under (a) or (b) hereof advise such General Meeting of the
proposed amendment and of any adopted amendment to these
By-laws and such General Meeting shall be empowered either to
confirm or reject such adopted amendment to these By-laws or to
confirm or reject the proposed amendment in the form submitted
to the General Committee and upon the confirmation of such
adopted amendment to these By-laws or the proposed amendment
the same shall subject to the following provision forthwith take
effect as an amendment to these By-laws.
(d) Notwithstanding the provisions of By-Law 17, if immediately after
any adopted amendment to these By-laws or proposed amendment
is duly confirmed by any such General Meeting no fewer than
twenty members then present at such General Meeting and entitled
to vote demand that the confirmed amendment to these By-laws be
the subject of a postal ballot of members then such amendment to
these By-laws shall cease to be effective unless and until it has
been approved by a majority voting in a postal ballot of members
which shall be conducted forthwith by the General Committee
according to the ballot procedure prescribed for the election of the
General Committee so far as the same is applicable thereto.
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Branches
42.
The Committee may by resolution recognize as a Branch of the Society
any local Association in any district of Victoria, if—
(a)
the constitution of such Association is approved by the General
Committee; and
(b) the Executive of such Association undertakes that if recognized as
a Branch the Members will be bound by the By-laws of the
Society as existing from time to time and by such regulations and
rules made by the General Committee as are applicable to
Branches.
The General Committee is hereby expressly given the power to draw up
rules and regulations for the governing of Branches and to amend them
from time to time as it may think fit, but before exercising its powers it
shall notify any Branches accordingly so that they may place before it
any facts which may be considered to be relevant. These powers
however will not affect the rights of such Branches to receive donations
and legacies and to disburse them in accordance with the By-laws of the
Parent Society which shall have become the By-laws of such Branch or
Branches and the Parent Society shall have no right to claim any part of
such funds by way of levy, contribution or otherwise.
43.
Each such Branch shall have an Office or Headquarters to which
communications may be addressed and shall furnish to the General
Committee the address thereof and notice of any change of such
address.
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ENDNOTES
1. General Information
The Royal Society for the Prevention of Cruelty to Animals Act 1968 was
assented to on 7 May 1968 and came into operation on 7 May 1968.
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Endnotes
Act No. 7690/1968
2. Table of Amendments
There are no amendments made to the Royal Society for the Prevention of
Cruelty to Animals Act 1968 by Acts and subordinate instruments.
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3. Explanatory Details
No entries at date of publication.
23
Endnotes