CONSTITUTION OF THE AUSTRALIAN CHESS FEDERATION INCORPORATED

[including amendments adopted at the National Conference held at Mt Buller on 6 
January 2005]

1. Name and Definitions

a. The name of the incorporated association is "Australian Chess Federation 
Incorporated".

b. In this the Constitution of the Australian Chess Federation Incorporated, and 
in all By-Laws and resolutions of the Federation unless inconsistent with the 
context, words importing the masculine shall include the feminine, the singular 
shall include the plural and vice-versa, and the following abbreviations and 
definitions shall apply:

i. "the Act" shall mean the Australian Capital Territory Associations 
Incorporation Act 1991;

ii. "Regulations" shall mean Associations Incorporation Regulations made under 
the Act;

iii. "Federation" and "ACF" shall mean "Australian Chess Federation 
Incorporated";

iv. "FIDE" shall mean "Federation Internationale Des Echecs";

v. "writing" and "written" shall include electronic mail telegrams, telexes, 
facsimile copies and extracts of minutes.

vi. "ACF Financial year" shall mean the 12-month period from 1 September in a 
given year to 31 August of the following year.

vii. "State" includes an Australian Territory.

c. For the purpose of incorporation:

i. the constitution of the Federation is the objects together with the rules of 
the incorporated association.

ii. the Council of the Federation is the committee of the incorporated 
association;

iii. the Annual National Conference of the Federation is the annual general 
meeting of the incorporated association;

iv. those persons who are eligible to vote at an annual National Conference of 
the Federation are the members of the incorporated association.


2. Statement of Purposes

a. The purposes of the Federation are:

i. to foster and control the game of chess throughout Australia;

ii. to represent the chess players of Australia in all chess matters;

iii. to conduct or authorise the conduct of Australian chess championships and 
other chess competitions for individuals and teams representing affiliated State 
Associations;

iv. to encourage excellence in the playing of chess, the promotion of chess and 
sportsmanship generally by the awarding of national titles and the presentation 
of awards;

v. to provide a forum for the discussion and resolution of questions relating to 
the playing and administration of chess in Australia;

vi. to co-operate with other organisations whose purposes and interests are in 
accord with those of the Federation;

vii. to maintain a national rating system to enable comparison of the chess 
playing abilities of Australian chess players;

viii. to provide through the promotion of chess an activity whereby leisure time 
may be used in a manner conducive to peaceful coexistence and enhanced quality 
of life; and 

ix. generally to do all such things as the Federation may deem appropriate to 
achieve the above purposes or any of them.


b. The Federation shall not be carried on for the purpose of trading or securing 
pecuniary profit to its members.


3. Affiliated State Associations, Associated Bodies & Honorary Life Members 

a. The Federation shall consist of State Associations, Associated Bodies and 
Honorary Life Members.

b. State Associations shall be those state chess associations which are 
recognised by the Federation as most representative of the chess players in 
their state and which have met all requirements of affiliation stated or implied 
in this Constitution and the By-Laws and resolutions of the Federation.

c. The Federation may grant the status of Associated Body to an organisation 
which: 

i. represents regions of Australia or its territories that are not represented 
by a State Association;

ii. represents part of the region of a State Association, but only with the 
consent of such State Association; or

iii. represents special aspects of chess.

d. 

i. the Federation may admit any person as an Honorary Life Member such honour 
being conferred for outstanding service to chess.

ii. a person shall become an Honorary Life Member of the Federation if a 
recommendation to that effect is made by a two-thirds majority at a Council 
meeting and a motion to accept that recommendation is passed at the next 
following National Conference by the majority required under Clause 10 (e) 
(iii); annulment of life membership shall require the same procedure. 


4. Affiliation Benefits, Disaffiliation and Disciplining of Members

a. Subject to the payment of appropriate fees and compliance with such 
eligibility, selection and other requirements as may apply in respect of a 
particular benefit, entitlement or right, the Federation shall endeavour to 
provide the following privileges for affiliated State Associations and persons 
nominated by them:

i. the right to be represented and to vote at Council meetings and National 
Conferences of the Federation and to vote on special motions as defined in this 
Constitution;

ii. the right to participate in activities conducted by or on behalf of the 
Federation or in activities conducted by others for which nomination, 
endorsement or approval of the Federation is a requirement, including: 

• national championships,

• international competitions for individuals and teams,

• such other activities as the Federation may from time to time conduct, 
control, authorise or participate in;

iii. the right to conduct national and international activities on behalf of the 
Federation;

iv. the right to have results of competitions incorporated in Federation and 
FIDE ratings systems;

v. the right to be nominated for and receive titles and awards bestowed by the 
Federation or for which nomination, endorsement or approval by the Federation is 
a requirement;

vi. such other privileges as the Federation may from time to time agree to 
endeavour to provide for affiliated State Associations and persons nominated by 
them.

b. A State Association may be disaffiliated if it no longer fulfils Clause 3b. 

An Associated Body may be disaffiliated if it no longer fulfils Clause 3c.

c. A State Association or Associated Body may be disaffiliated if it has not 
paid a lawful fee or levy within three months after the fee or levy was due and 
notified.

d. Where the Council is of the opinion that a member of the Federation has 
persistently refused or neglected to comply with the provisions of the 
constitution or has persistently and wilfully acted in a manner prejudicial to 
the interests of the Federation, the Council may by resolution recommend to the 
State Association represented by that person that disciplinary action be taken. 
Whether or not such a recommendation is accepted and all related matters 
including the way (if any) in which the member may appeal and make 
representations shall be at the discretion of that State Association.


5. Council and Executive

a. Subject to paragraph aa., the Council shall consist of delegates appointed by 
the State Associations together with an executive committee comprising the 
President, Deputy President, two Vice Presidents, Secretary and Treasurer. All 
members of the Council shall have one vote. Executive members may be appointed 
as State Association delegates but shall only be entitled to one vote.

aa.
i. For the purposes of this paragraph the Immediate Past President is the
person who, last before the current President, was elected President by a
National Conference and who held office as President for at least 12 months
of the term for which he was elected.
  ii. The immediate Past President shall be a member of the Council for a
period of 12 months commencing on the date on which he ceased to be
President.
  iii. The Immediate past President shall have no vote.

b. Each State Association may appoint one delegate and may dismiss him and 
replace him at any time. The appointment or dismissal of a delegate shall be of 
no effect until the President or Secretary of the Federation has received 
written advice of it from the State Association concerned.

c. The Council functions in the following three ways:

i. as the recorder of the wishes of State Associations in special motions as 
defined in Clause 6a; 

ii. as an agenda committee to prepare motions to deal with matters to be 
referred to National Conferences as defined in sub-clause 6b;

iii. as a management committee to manage the affairs of the Federation in 
accordance with its Constitution, By-Laws and resolutions.

d. Each member of the executive committee shall, subject to this constitution, 
hold office until it is declared vacant or is filled by another person in 
consequence of elections at the next Annual National Conference in an odd-
numbered year.

e. For the purposes of this constitution, a vacancy in the office of a member of 
the executive committee occurs if the person dies, resigns from office, is 
removed from office pursuant to sub-clause 6a.iii, becomes insolvent under 
administration within the meaning of the Corporation Law, suffers from mental 
incapacity, or is disqualified from office under sub-section 63a of the Act.

f. In the event of a vacancy in the membership of the executive committee, the 
Council may appoint a person who need not be a member of the Federation to fill 
the vacancy and the person so appointed shall hold office, subject to this 
constitution, until it becomes vacant or is filled as described in clause 5d.


6. Classification of Motions

a. Special motions are motions to:

i. alter annual affiliation fees or make special levies;

ii. deal with any matter which the Council wishes to be treated as special, 
except for matters listed in sub-clause 6b;

iii. declare vacant the position of any Executive member or other office-bearer 
of the Federation.

Votes by State Associations on motions described in Clause 6a must be conveyed 
in writing to the President or Secretary of the Federation and tabled at the 
next meeting of the Council.

b. Matters to be referred to a National Conference are motions to:

i. change the constitution;

ii. wind up the Federation;

iii. disaffiliate a State Association;

iv. grant or annul life membership;

v. deal with those matters which Clause 10 indicates are the purposes of a 
National Conference;

vi. deal with any other matter a State Association or the Council wishes dealt 
with at the Conference; and,

vii. deal with any matter which the Act or the Regulations require dealt with at 
a National Conference.

c. On motions referred to in Clause 6a, a State Association may cast up to as 
many votes as its representatives would be entitled to cast if such a motion 
were put to a National Conference and the number of votes required to pass such 
a motion and the number of different State Associations required to cast them 
shall be the same as if the motion were put to a fully attended National 
Conference.

d. Notwithstanding sub-clause 6b and clause 10, the Council may recommend to all 
affiliated State Associations that a specific alteration to the Constitution be 
ratified. If within 56 days each affiliated State Association informs the 
Federation of the names of those it would send as representatives to a special 
National Conference called to consider such alteration, and if each such State 
Association submits as many names of proposed representatives as it is permitted 
to nominate under sub-clause 10j and if all such representatives notify the 
Federation in writing that they approve of the proposed alteration, it shall be 
deemed to have been passed unanimously at a special National Conference held in 
Canberra on the 56th day after the Council made its recommendation and such 
conference shall be deemed to have been attended by all the nominated 
representatives.


7. Council Meetings

a. That council shall meet at least four times per year with an interval of not 
more than four months between meetings. 

Meetings may be 'in person', 'phone hook ups' or 'internet based'. At least one 
meeting per year must be an 'in person' meeting. A meeting may be convened by 
the Secretary or President or by any three delegates.

b. Council meetings shall be chaired by the President or in his absence the 
Deputy President; in the absence of both, the delegates shall appoint a 
chairman. The Chairman shall not have a casting vote.

c. Unless otherwise indicated in this Constitution, a simple majority shall 
carry any motion the Council is empowered by this Constitution to vote on.

d. Any six individual members of Council shall form a quorum. No business shall 
be transacted by the Council unless a quorum is present, and if, within one hour 
of the time appointed for the meeting, a quorum is not present the meeting shall 
stand adjourned, to be resumed within fourteen days at a date and time to be 
determined by the President. If at the adjourned meeting a quorum is not present 
within an hour of the time appointed for the meeting the President may dissolve 
or reconvene the meeting as he sees fit.

e. Minutes of each Council meeting shall be sent to at least every State 
Association and Associated Body. The minutes must include every substantive 
motion that is passed, every special motion that State Associations are to vote 
on and the date when their vote is required.

f. Before a meeting is closed, the date of the next meeting shall be agreed to 
or the matter referred to the Executive.

g. If the vote of a State Association on a special motion is available at a 
Council meeting it must be recorded in the minutes whether or not the deadline 
for voting has passed.

h. Notwithstanding anything written elsewhere in this Constitution or any 
decision of Council, the date, time and place for the first Council meeting 
following the election (or re-election or appointment) of a person to the office 
of President of the Federation shall be determined by the newly-elected 
President.

i. In the absence of exceptional circumstances, oral or written notice of a 
meeting of the Council shall be given to each member of the Council at least 48 
hours (or such other period as may be unanimously agreed upon by the members of 
the Council) before the time appointed for the holding of the meeting.

j. Notice of a meeting given under sub-clause 7i shall specify the general 
nature of the business to be transacted and no other business shall be 
considered unless a majority of members of the Council present agree to do so.

k. Despite paragraphs a. to j., inclusive, a motion may, at any time other
than at a meeting referred to in paragraph a., be proposed and seconded and
the matter may be debated and voted upon by electronic mail, subject to the
directions of the President as to procedures for the debate and the time by
which the votes are to be cast, as if it were a motion proposed in such a
meeting.

8. Office-bearers

a. Office-bearers other than members of the Executive and the Auditor shall be 
appointed by the Council and may be dismissed by the Council at any time.

b. Office-bearers other than members of the Executive and the Auditor shall 
retire at the Council meeting next following 30th June each year but may be re-
elected.

c. President 

Function: The President is the chief executive officer of the ACF.

Duties:

i. To chair Council meetings;

ii. To submit an annual report to Council and to the National Conference;

iii. To act as spokesman for the ACF;

iv. To ensure that the activities of the ACF are in accordance with the 
Constitution and By-Laws;

v. To ensure that the office-bearers carry out their duties;

vi. To make decisions on matters of urgency that arise between Council meetings, 
after consultation with as many Councillors as is reasonable in the 
circumstances;

vii. To abide by and carry out instructions of the Federation.

d. Deputy President

Function: The Deputy President shall function as the President of the Federation 
whenever the President is absent and at other times as the President may 
require.

Duties:

i. In the absence of the President, to carry out all such duties as are normally 
those of the President;

ii. To assist the President in the performance of his duties in whatever way the 
President may reasonably require;

iii. To carry out such other duties as the Federation may from time to time 
agree are the duties of Deputy President.

da. Vice President

Function: A Vice President's function is to assist the President and to act
as prescribed by the Council.

Duties:

i. A Vice President shall assist the President at such times and in such
matters in the performance of his duties as he may reasonably require.

ii. A Vice President shall perform such other duties as the ACF Council from
time to time agrees are to be duties of that Vice President.

e. Secretary 

Function: The Secretary is responsible for the effective administration of the 
ACF.

Duties:

i. To arrange meetings and to prepare agendas, supporting papers and minutes;

ii. To ensure that adequate notice of Council meetings is given to all members 
of the Council;

iii. To be responsible for all correspondence other than correspondence 
specifically delegated to other office-bearers;

iv. To keep an up to date register of all life members and affiliates of the 
ACF;

v. To maintain liaison with State Associations and Associated Bodies;

vi. To co-ordinate the activities of the ACF, its Council and office-bearers;

vii. To ensure that a copy of the minutes of each National Conference are 
distributed to each State Association and that a copy is available on request to 
any person who was eligible to attend; 

viii. To abide by and carry out instructions of the Federation. 

f. Treasurer 

Function: The Treasurer is responsible to Council for the finances of the ACF.

Duties:

i. To submit a proposed budget for the forthcoming ACF Financial year to each 
Annual National Conference;

ii. To submit a financial report to each ordinary meeting of Council;

iii. To submit a financial report on the preceding ACF Financial year to the 
National Conference next following the start of each new ACF financial year;

iv. To present an audited statement of assets and liabilities and an audited 
financial statement in respect of the previous ACF financial year together with 
the Auditor's report to each National Conference;

v. To receive and bank all income of the ACF and to pay or reimburse all 
expenses of the ACF and its office-bearers, as approved by Council;

vi. To keep a record of all receipts and expenditure and maintain proper books 
and records of the financial transactions of the Federation;

vii. To abide by and carry out the instructions of the Federation.

g. Public Officer

The Council shall appoint a person resident in the Australian Capital Territory 
to be the Public Officer of the Federation for the purposes of the Australian 
Capital Territory Associations Incorporation Act 1991 and shall, within 14 days 
of that office becoming vacant, appoint a person resident in that Territory to 
fill that vacancy.


9. Communications

a. Votes on motions described in Clause 6a must be mailed, electronically 
mailed, faxed or delivered personally to the secretary unless, for the purposes 
of a particular motion, another office-bearer or address is agreed upon and 
notified to all State Associations.

b. If a State Association is not told when its vote or opinion on any matter is 
required, it has the right to assume that the votes will be counted on the 56th 
day after all State Associations were advised of the motion. The final count of 
votes must not be held earlier if any outstanding vote could affect the fate of 
the motion.

c. A motion under Clause 6a.ii must be sent to all State Associations for their 
vote, whether the Council approves it or not. The Council may propose amendments 
and may give advice.


10. Annual and Special National Conferences of the Federation

a. Once in each year the Council shall appoint a person to convene a meeting or 
series of meetings to be known as the Annual National Conference of the 
Federation. The Annual National Conference shall, subject to the Act, be 
convened on such date and at such place and time as the Council thinks fit and 
shall be specified as such in the notice convening it.

b. The purposes of the Annual National Conference shall be:

i. to amend if necessary and confirm the unconfirmed minutes of any previous 
National Conference;

ii. to deal with any Motion on Notice of which notice has been given in 
accordance with Clause 10d;

iii. to make recommendations to the Federation on any matters of which such 
notice has not been given;

iv. in each alternate year, to elect members of the Executive of the Federation;

v. to appoint an Auditor who shall not be the Public Officer or a member of the 
Federation, the Council or the Executive;

vi. to consider and if thought fit approve a proposed budget for the following 
ACF financial year;

vii. to consider and if thought fit adopt a statement of assets and liabilities 
and a financial statement in respect of the previous ACF financial year; and 

viii. to consider any Council recommendations to grant honorary life membership.

c. In years when elections are due to be held at the next Annual National 
Conference, nominations for President, Deputy President, two Vice Presidents, 
Secretary and Treasurer shall be called for by the Council 120 days prior to the 
scheduled start of the Conference.

d. Written notice of a National Conference shall be sent to each State 
Association and to others as the Council deems appropriate so as to be received 
in the normal course of transmission not less than 56 days before the start of 
the Conference and shall include:

i. the date, time and place for the start of the Conference;

ii. the date on which it is expected the Conference will end;

iii. the exact wording of each Motion on Notice to be dealt with at the 
Conference;

iv. the names of all known candidates for election as President, Deputy 
President, a Vice President, Secretary and Treasurer; and

v. such other information as the convenor or Council may see fit to include on 
the notice.

da. Written notice of any proposed amendment of a motion of which notice is 
given under clause 10.d.iii. shall be sent to each State Association and to 
others as the Council deems appropriate so as to be received in the normal 
course of transmission not less than 35 days before the start of the Conference.

e. Notwithstanding anything elsewhere in this constitution, a National 
Conference shall have power to carry any motion or amendment as may be thought 
desirable in the interests of chess in Australia provided that:

i. notice of it was given in accordance with Clause 10d;

ii. it is supported at the Conference by a majority of those who vote on it 
including one or more representatives from each of three or more State 
Associations;

iii. in the case of a motion to disaffiliate a State Association or to grant or 
annul life membership, such motion is supported at the Conference by: 

• two-thirds or more of those who vote on it including one or more 
representatives from each of three or more State Associations, and,

• more than half of those present and eligible to vote;

iv. in the case of a motion to alter the constitution or the name of the 
Federation or to wind up the Federation or to do any other thing which the Act 
requires done by a special resolution, a motion to make such a special 
resolution shall be passed only if supported at a National Conference by:

• at least three-quarters of those who vote on it including one or more 
representatives from each of three or more State Associations; and

• more than half of those present and eligible to vote.

f. A motion carried at a National Conference shall not be capable of rescission 
except:

i. by the same or a subsequent Conference; or 

ii. if the Council agrees unanimously that a change in circumstances sufficient 
to justify rescission of a decision of the Conference has occurred, in which 
case the Council shall deal with the matter in a manner as consistent as is 
practicable with the spirit of the decision of the Conference and the matter 
shall be noted by the Secretary for consideration at the next Conference; or

iii. by special motion in accordance with Clause 6, provided that the rescission 
motion is supported by at least two thirds of the total number of votes cast, 
including at least one vote from each of three affiliated State Associations.

g. Motions and amendments of which notice has not been given in accordance with 
Clause 10d or Clause 10.da  shall not be dealt with at a National Conference 
unless:

i. they are of a purely procedural nature; or

ii. they are motions to amend and/or confirm minutes; or

iii. they are motions to receive and/or adopt reports; or

iv. they are motions to change proposed amounts of income and/or expenditure for 
items listed in the proposed budget or to adopt the proposed budget; or

v. they are expressed in the form of recommendations to the Council.


h. The right to attend and be heard at a National Conference shall be limited 
to:

i. representatives of State Associations as defined in Clause 3b who have been 
authorised in accordance with Clause 10i;

ii. members of the Council;

iii. Federation office-bearers as defined by the Council;

iv. Honorary Life Members of the Federation;

v. representatives of Associated Bodies as defined in Clause 3c; and 

vi. such persons as the President, the Executive, the Council or the Conference 
may care to invite.

i. A person shall be authorised to represent a State Association at a National 
Conference if written advice to that effect from a person the Federation 
recognises as authorised to appoint representatives of the State Association 
concerned is received by the convenor of the Conference not less than seven days 
before the date on which the Conference is scheduled to start.

j. The number of persons a State Association may appoint to represent it at a 
National Conference shall be based on the total population of the state 
according to the most recent federal government statistic recognised by the 
Council and shall be one representative per million or part thereof.

k. In the event of a State Association having authorised more representatives 
than the number to which it is entitled without having indicated an order of 
preference, the convenor shall determine which of those representatives shall be 
accepted as the representatives of the State Association concerned.

l. Voting on any motion or amendment at a National Conference shall be conducted 
in accordance with the following:

i. the right to vote shall be limited to authorised representatives of State 
Associations as defined in Clause 10i;

ii. in the event of a State Association being represented by fewer than the 
maximum number of representatives to which it is entitled, one representative of 
that Association may cast one additional vote on each question;

iii. if a State Association is represented by fewer than the maximum number of 
representatives to which it is entitled and that Association has not notified 
the Federation of the name of the representative authorised by it to cast an 
additional vote in accordance with clause 10.l.ii, the convenor shall determine 
which of the representatives of that Association shall be entitled to cast such 
additional vote;

iv. voting by proxy, post or telephone shall not be permitted;

v. unless otherwise resolved by the Conference, voting shall be by show of 
hands;

vi. in the case of an equality of voting the matter shall be resolved so as to 
preserve the status quo;

vii. a person's right to vote shall not change because he is the chairman.

m. At the start of each session of the Conference, the convenor shall conduct an 
election of chairman.

n. 

i. The quorum for the Conference shall be half of the total number of 
representatives all State Associations may appoint, whether or not such a number 
has been appointed.

ii. No item of business shall be transacted at a National Conference unless a 
quorum of members entitled under this constitution to vote is present during the 
time the conference is considering that item.

iii. If within 24 hours after the appointed time for the commencement of a 
National Conference a quorum is not present, the conference if convened upon the 
requisition of members shall be dissolved and in any other case shall stand 
adjourned to the following day at the same time and (unless another place is 
specified at the time of the adjournment by the convenor of the conference or 
communicated by written notice to members given before the day to which the 
conference is adjourned) at the same place.

iv. If at the adjourned conference a quorum is not present within one hour after 
the time appointed for the commencement of the conference, the members present 
(being not less than seven including at least one representative appointed by 
each of four affiliated State Associations) shall constitute a quorum.

o. The election of President of the Federation shall be conducted in accordance 
with the following:

i. subject to Clause 10.o.iii, candidates shall be limited to persons who have 
advised the Federation in writing of their willingness to serve as President, 
such advice having been received by the Federation not less than ninety days 
before the date on which the Annual National Conference at which elections are 
due is scheduled to start;

ii. if on the ninetieth day before the date on which the conference is due to 
start there is but one candidate, that candidate shall be deemed to be the 
President-elect and no election of President shall be held at the Conference;

iii. if on the ninetieth day before the date on which the Conference is due to 
start there are no candidates, or if the Council so decides because of 
uncertainty concerning the date for the start of the Conference, nominations 
shall be received up to the time the election is due to be held;

iv. if at the time the election is due to be held there are no candidates, the 
matter shall be referred to the Council and the Council shall have power to take 
whatever action it deems necessary to fill the vacancy until the next election 
is due to be held;

v. for the purposes of the election of the President, the Conference shall first 
elect a person who is not a candidate for President to act as Returning Officer;

vi. the Returning Officer shall be the sole authority as to the validity of 
votes and the counting of them;

vii. each candidate for President may appoint one scrutineer whose only function 
shall be to draw the attention of the Returning Officer to any possible error in 
the counting of votes;

viii. voting to elect the President shall be by secret ballot, but the number of 
votes cast in respect of each candidate shall be reported to the Conference;

ix. ballot papers shall show candidates' names in an order determined by lot;

x. preferential voting shall be used;

xi. in the case of an equality of votes, the President shall be chosen by lot 
from among the tied candidates;

xii. a person who is elected as President, or is deemed elected in accordance 
with Clause 10. o. ii., shall take office at the conclusion of the National 
Conference at which the person was elected or in respect of which the person was 
deemed elected.


p. The election for the office of Deputy President, two Vice
Presidents, Secretary and Treasurer shall be conducted in accordance with the 
provisions governing the election of the President, including clause 10.o.iv., 
except that nominations for those offices shall be received up to the time the 
election to fill each office is due to be held.

q. The responsibilities of the convenor of a National Conference shall be:

i. to ensure that notice of the Conference, details of any Motions on Notice 
submitted in time for inclusion on the agenda for the Conference and the names 
of all known candidates for election as President, Deputy President, a Vice 
President, Secretary and Treasurer are distributed to all State Associations and 
others in accordance with Clause 10c;

ii. to confirm the validity of the credentials of all persons purporting to 
represent State Associations by contacting the President, and/or Secretary 
immediately prior to the start of the Conference;

iii. to conduct at the start of each session of the Conference an election of 
chairman;

iv. to ensure that a quorum is present throughout each session of the 
Conference;

v. to ensure that no vote is cast by a person who is ineligible to vote;

vi. to maintain the following records during the Conference and to forward them 
to the Secretary at the end of the Conference:

• a register of names of all persons State Associations have authorised to 
represent them at the Conference and all related letters of authority;

• a list of the names and addresses of all persons in attendance during each 
session of the Conference;

• minutes of the proceedings of the Conference;

• copies of all reports and other papers presented at or relevant to significant 
business transacted at the Conference;

vii. to carry out such other duties in connection with the Conference as the 
Council and the Conference may reasonably require.

r. 

i. The Council may, whenever it thinks fit, convene a Special National 
Conference of the Federation.

ii. The Council shall, on the requisition in writing of not less than 50 per 
cent of the total number of members of the Federation, convene a Special 
National Conference of the Federation.

iii. A requisition for a Special National Conference

• shall state the purpose or purposes of the conference,

• shall be signed by the members making the requisition,

• shall be lodged with the President or Secretary, and 

• may consist of several documents in a similar form, each signed by one or more 
of the members making the requisition.

iv. If the Council fails to convene a Special National Conference within one 
month after the date on which a requisition for such a conference is lodged with 
the President or Secretary, any one or more of the requisitionists may convene a 
Special National Conference to be held not later than three months after that 
date.

v. A Special National Conference convened by a member or members referred to in 
sub-clause 10.r.iv shall be convened as nearly as is practicable to the same 
manner as the Annual National Conference is convened and any member who thereby 
incurs expense is entitled to be reimbursed by the Federation for any reasonable 
expense so incurred.

vi. No business other than that specified in the notice convening a National 
Conference shall be transacted at the conference except, in the case of an 
Annual National Conference, business which may be transacted pursuant to clause 
10b.


11. Finance

a. All moneys received by the Federation must be paid into an account in the 
name of the Federation at a bank and branch approved by the Council.

b.All cheques, drafts, bills of exchange, promissory notes and other negotiable 
instruments must be signed by two persons approved by the Council, one of whom 
must be the President, Deputy President, Secretary or Treasurer.

c. An audited financial statement must be presented to the Council as soon as 
possible after the end of each ACF financial year ending 31 August and must be 
sent out with the Council minutes.

d. The Council may decide the bank where the funds of the Federation are to be 
held.

e. The Common Seal of the Federation shall be kept in the custody of the 
Treasurer of the Federation.

f. The Common Seal of the Federation shall not be affixed to any instrument 
except by the authority of the Council or a National Conference.

g. The affixing of the Common Seal of the Federation shall be attested by the 
signatures of any two of the President, Secretary and Treasurer.

h. In the absence or at the request of the President, the Deputy President may 
act in place of the President as a signatory for cheques or to attest the 
affixing of the Common Seal.

i. The Federation may invest any funds in any investment from time to time 
sanctioned by law for the investment of trust funds.

j. Where it is agreed that a levy be imposed on State Associations, each State 
Association shall pay a percentage of the total amount to be raised. For each 
State Association, the percentage shall be calculated using the most recently 
published federal government state population statistics recognised by the 
Council and shall be the same percentage of the total population of the states 
of all State Associations as the population of the state of the State 
Association concerned comprises.

k. No entrance fee, subscription or similar charge is payable by members of the 
Federation, as defined in clause 1c of this constitution, in respect of their 
membership of the Federation.

l. The funds of the Federation shall be derived from affiliation fees, levies, 
grants, donations, sponsorships, fees paid by participants in activities 
conducted by the Federation and, subject to any resolution passed by the Council 
and subject to section 114 of the Act, such other sources as the Council 
determines.

m. Subject to this constitution and any resolution passed by the Federation at a 
National Conference, the funds of the Federation shall be used in pursuance of 
the objects of the Federation in such manner as the Council determines.

n. Except for the financial books and records maintained by the Treasurer and 
subject to the Act, the Regulations, this Constitution and resolutions of 
Council, the Secretary shall keep in his custody or under his control all 
records, books, securities, and other documents relating to the Federation.

o. The records, books, securities and other documents of the Federation shall be 
open to inspection at a place to be determined from time to time by the Council 
free of charge to any member of the Federation at any reasonable hour.

p. An officer or member of the Federation shall not be taken, only because of 
being a member or officer, to be liable to contribute to the payment of any 
debts or other liabilities incurred by the Federation or to the costs, charges 
or expenses incurred in the course of winding up the Federation.


[Clause 12 repealed 6 January 2005]


13. Winding Up of the Federation

In the event of the winding up of the Federation, the surplus property of the 
Federation shall, subject to any trust affecting that property or any part of 
it, vest in an association which:

a. has objects substantially similar to those of the Federation;

b. is not carried on for the object of trading or securing pecuniary gain for 
its members;

c. has provision in its rules requiring its property to be distributed upon 
dissolution to another association which has objects substantially similar to 
those of the dissolved association and is not carried on for the object of 
trading or securing pecuniary gain for its members; and

d. is nominated for the purpose by a resolution of a National Conference of the 
Federation.