PART 4 - MANAGEMENT COMMITTEE

Division 1 - General

17. Role and powers

(1) The business of the Association must be managed by or under the direction of a Management Committee.

(2) The Committee may exercise all the powers of the Association except those matters that the Act or this Constitution requires the Association to determine through a general meeting of members.

(3) The Committee may appoint and remove staff.

(4) The Committee may establish one or more subcommittees consisting of the members of the Association the Committee considers appropriate.

18. Composition of Committee

(1) The Management Committee shall comprise of a maximum of 3 and a minimum of 1 from each of the following sectors

(a) Arts and Entertainment (including Visual Arts, Performing Arts, Music, Graphic Arts/Design, Printing, Multi Media, Film, Television, Radio/Broadcasting, Creative Writing & Editing, Libraries, Museums and Entertainment)
(b) Sport and Recreation (including outdoor recreation, community recreation, fitness and racing)
(c) Tourism and Hospitality (including caravans)
(d) Textile, Clothing and Footwear

And at least one (1) regional representative

(2) The management committee has the following positions

(a) a Chairperson;
(b) a Vice-Chairperson;
(c) a Secretary  (appointed by the Management Committee or elected)
(d) a Treasurer (appointed by the Management Committee or elected)
(e) Ordinary members;

(f) The Executive Officer of Charttes (ex-officio)

(3) Unless elected directly as a separate office holder, the Committee must appoint one committee member to be the Association's public officer.

19. Delegation

(1) The Committee may delegate to a subcommittee or staff any of its powers and functions other than -

(a) this power of delegation; or
(b) a duty imposed on the Committee by the Act or any other law.

(2) The delegation must be in writing and may be subject to the conditions and limitations the Committee considers appropriate.

(3) The Committee may, in writing, revoke wholly or in part the delegation.

Division 2 - Tenure of office

20. Eligibility of committee members

(1) A committee member must be a member who is 18 years or over.

(2) A committee member must also meet the criteria provided in the Schedule.

(3) Committee members must be elected to the Committee at an annual general meeting or appointed under clause 27.

21. Nominations for election to committee

(1) A member is not eligible for election to the Committee unless the Secretary receives a written nomination for that member by another member not less than 7 days before the date of the next annual general meeting.

(2) The nomination must be signed by -

(a) the nominator and a seconder; and
(b) the nominee to signify his or her willingness to stand for election.

(3) A person who is eligible for election or re-election under this clause may -

(a) propose or second himself or herself for election or re-election; and
(b) vote for himself or herself.

22. Retirement of committee members

(1) A committee member holds office until the next annual general meeting unless the member vacates the office under clause 25 or is removed under clause 26.

(2) Subject to sub clause (3), at an annual general meeting the office of each committee member becomes vacant and elections for a new Committee must be held.

(3) The Chairperson of the outgoing Committee must preside at the annual general meeting until a new member is elected as Chairperson.

(4) Members may serve consecutive terms on the Committee.

23. Election by default

(1) If the number of persons nominated for election to the Committee under clause 21 does not exceed the number of vacancies to be filled, the Chairperson must declare the persons to be duly elected as members of the Committee at the annual general meeting.

(2) If vacancies remain on the Committee after the declaration under sub clause (1), additional nominations of committee members may be accepted from the floor of the annual general meeting.

(3) If the nominations from the floor do not exceed the number of remaining vacancies, the Chairperson must declare those persons to be duly elected as members of the Committee.

(4) If the nominations from the floor are less than the number of remaining vacancies, the unfilled vacancies are taken to be casual vacancies and must be filled by the new Committee in accordance with clause 27.

24. Election by ballot

(1) If the number of nominations exceeds the number of vacancies on the Committee, ballots for those positions must be conducted.

(2) The ballot must be conducted in a manner determined from time to time by resolution at a general meeting.

(3) The members chosen by ballot must be declared by the Chairperson to be duly elected as members of the Committee.

25. Vacating office

The office of a committee member becomes vacant if -

(a) the member -

(i) is disqualified from being a committee member under section 30 or 40 of the Act;
(ii) resigns by giving written notice to the Committee;
(iii) dies or is rendered permanently incapable of performing the duties of office by mental or physical ill-health;
(iv) ceases to be a resident of the Territory; or
(v) ceases to be a member of the Association;

(b) the member is absent from more than -

(i) 3 consecutive committee meetings; or
(ii) 3 committee meetings in the same financial year without tendering an apology to the Chairperson; of which meetings the member received notice and the Committee has resolved to declare the office vacant; or

26. Removal of committee member

(1) The Association, through a special general meeting of members, may remove any committee member before the member's term of office ends.

(2) If a vacancy arises through removal under sub clause (1), the committee may call for nominations or appoint any member of the Association to fill that vacancy

27. Filling casual vacancy on Committee

(1) If a vacancy remains on the Committee after the application of clause 23 or if the office of a committee member becomes vacant under clause 25, the Committee may appoint any member of the Association to fill that vacancy.

(2) However, if the office of public officer becomes vacant, a person must be appointed under section 27(6) of the Act to fill the vacancy.

Division 3 - Duties of committee members

28. Collective responsibility of Committee

(1) As soon as practicable after being elected to the Committee, each committee member must become familiar with the Act and regulations made under the Act.

(2) The Committee is collectively responsible for ensuring the Association complies with the Act and regulations made under the Act.

29. Chairperson and Vice-Chairperson

(1) Subject to sub clauses (2) and (3), the Chairperson must preside at all general meetings and committee meetings.

(2) If the Chairperson is absent from a meeting, the Vice-Chairperson must preside at the meeting.

(3) If both the Chairman and the Deputy Chairman are absent from a meeting, a committee member elected by the other members present shall preside at the meeting.

30. Secretary

(1)  The position of Secretary may be held by the Executive Officer of the Association or an independent nomination as per clause 18 & 21 and must:

(a) coordinate the correspondence of the Association;
(b) ensure minutes of all proceedings of general meetings and of committee meetings are kept in accordance with section 38 of the Act;
(c) manage the register of members in accordance with section 34 of the Act;
(d) unless the members resolve otherwise at a general meeting - have custody of all books, documents, records and registers of the Association, other than those required by clause 25(5) to be in the custody of the Treasurer; and
(e) perform any other duties imposed by this Constitution on the Secretary.

31. Treasurer

(1) The executive officer is responsible for the preparation of all receipts, invoices and reports as listed below - The Treasurer provides advice and governance for the finances of the association.

(a) receive all moneys paid to or received by the Association and issue receipts for those moneys in the name of the Association;
(b) pay all moneys received into the account of the Association within 5 working days after receipt;
(c) make any payments authorised by the Committee or by a general meeting of the Association from the Association's funds; and
(d) ensure cheques are signed by him or her and at least one other committee member, or by any 2 other committee members authorised by the Committee.

(2) The Treasurer must ensure the accounting records of the Association are kept in accordance with section 41 of the Act.

(3) The Treasurer must coordinate the preparation of the Association's annual statement of accounts.

(4) If directed to do so by the Chairperson, the Treasurer must submit to the Committee a report, balance sheet or financial statement in accordance with that direction.

(5) The Treasurer has custody of all securities, books and documents of a financial nature and accounting records of the Association unless the members resolve otherwise at a general meeting.

(6) The Treasurer must perform any other duties imposed by this Constitution on the Treasurer.

32. Public officer

(1)  The Public Officer must be a resident of the NT, may hold any other office in the Association, must be a member or employee of the Association and be over the age of 18

(2)   The Public Officer is responsible for the administration and adherence of the Corporations Act 2001, also known as the Associations Act 2001.

(3)   The Public Officer shall:

• ensure that the Annual Financial Report is audited and ready for the Annual General Meeting.
• ensure the compliance of the constitution of the Association.
• work closely with the Association Treasurer in ensuring proper financial management of the Association
• ensure lodgements of reports, constitutional amendments and such information required by the Act to be lodged each financial year
• within 1 month after a constitutional amendment file the constitutional amendments with the Commissioner of the Associations Act at the Department of Justice.
• hold the common seal of the Association

(4)  If the office of the public officer becomes vacant, the Management Committee must, within 14 days, appoint a person to be Public Officer

(5) The Public Officer becomes vacant if the public officer becomes bankrupt, becomes of unsound mind, dies or ceases to become a resident of the NT.

(6)  The Public Officer shall be elected or appointed each year