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________________________________

PATRIOTS AUSTRALIA

ADELAIDE CHAPTER
INCORPORATED
INC A40110
_________________________________

Chapter Constitution

Version 3.0

Dated 21 Nov 2010

In accordance with section23A of the Incorporated Associations Act 1985

Page 1
AMENDMENTS

Version Date Section Notes

2.0 30 Aug 09 All – Complete Rewrite Formation of Chapter (P,VP,SEC)

3.0 11 Nov 10 All – Complete Rewrite Taken back to basic constitutional requirements (Jase)

Page 2
Part 1 PRELIMINARY Page
1.1 Preamble 4
1.2 Name 4
1.3 Definitions 4
1.4 Objects or purposes 4-5
1.5 Powers of the chapter 5
Part 2 CHAPTER MEMBERSHIP Page
2.1 Membership 6
2.2 Member access to chapter documents 6
2.3 Regalia and Patches 6
2.4 Application for membership 7
2.5 Life membership 7
2.6 Register of members 7
2.7 Committee notification by members 7
2.8 Subscriptions 7-8
2.9 Cessation of membership 8
2.10 Resignations 8
2.11 Expulsion of a member 8
Part 3 CHAPTER COMMITTEE Page
3.1 Powers and duties 9
3.2 Appointment 9
3.3 Proceedings of the committee 9-10
3.4 Disqualification of committee members 10
3.5 The seal 10
Part 4 CHAPTER MEETINGS Page
4.1 General meetings 11
4.2 Annual general meetings 11
4.3 Special general meeting 11
4.4 Notice of general meetings 11
4.5 Proceedings at general meetings 11
4.6 Voting at general meetings 12
4.7 Poll at general meetings 12
4.8 Special and ordinary resolutions 12
4.9 Proxies 12
4.10 Minutes 12-13
4.11 Chapter rides 13
Part 5 CHAPTER DISPUTES Page
5.1 Dispute resolution 14
Part 6 CHAPTER FINANCES Page
6.1 Financial year 15
6.2 Accounts to be kept 15
6.3 Prohibition against securing profits for members 15
Part 7 DISILLUSION OF THE CHAPTER Page
7.1 Winding up 16
7.2 Application of surplus assets 16
Part 8 SAFE KEEPING OF CHAPTER DOCUMENTATION Page
7.1 Data back up 17
7.2 Public Officer 17
Part 9 CHAPTER RULES AND BY-LAWS Page
8.1 Constitutional Rules 18
8.2 Chapter By-Laws 18
8.3 Chapter Rules and Regulations 18

Page 3
Part 1

Preliminary
1.1 Preamble

1.1.1 Patriots Australia Adelaide Chapter is a social motorcycle club for serving and ex-serving members of the Australian
Defence Force.

1.2 Name

1.2.1 The name of the incorporated association is Patriots Australia Adelaide Chapter Inc referred to herein as ‘the chapter’.

1.3 Definitions

1.3.1 In this constitution, unless the contradictory intention appears:

‘applicant’ means a person whom has submitted an application to join the chapter,
‘appellant’ means the person who appeals a decision or ruling,
‘back up’ means a fully contained exacting copy of electronic data,
‘committee’ means the committee of management of the chapter,
‘executive committee’ means the President, Vice President, Secretary and Treasurer of the chapter, in order of seniority,
‘financial member’ means a member of the chapter with no outstanding subscriptions or debts to the chapter,
‘general meeting’ means a general meeting of members of the chapter convened in accordance with these rules,
‘member’ means a member of the chapter,
‘month’ shall mean a calendar month,
‘nominee’ means a person whom having applied to join the chapter has full member or supporter status pending,
‘patch club’ means any motorcycle club that wears a three piece back patch in the form of top and bottom rocker
surrounding a centre patch,
‘registered supporter’ means a person meeting criteria to be deemed and registered by the chapter as such,
Registered Supporter status is granted a person in recognition of that person’s individual sacrifice in support of the
Australian Defence Force, or defence members, through domestic circumstance, employment or any by other means.
‘recision’ means the cancelling or rescinding of a decision or ruling,
‘special resolution’ means a special resolution defined in the Act,
‘spouse’ means common law marriage, or defacto relationship as recognised as legally binding in the state of South
Australia,
‘the Act’ means the Associations Incorporation Act 1985.

1.4 Objects or purposes of the chapter

1.4.1 The objects of the chapter are:


a. To be a subsidiary of an Australia-wide organisation dedicated to those club members and their families with a
common interest in motorcycles;
b. Be steadfast in our determination to maintain the basic rights and civil liberties all chapter members served, suffered
and many of our colleagues have died for;
c. Provide a support network and a sense of belonging for members and ex-members of the Australian Defence Force
based on a common love of motorcycles, and the motorcycling culture;
d. To provide the means and catalyst for chapter members to assist in raising funds for charitable and benevolent
societies;
e. Promote motorcycling activities for chapter members and supporters by creating relevant chapter activities that
encourage participation in all events whilst maintaining a family orientated philosophy; and

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f. Create and maintain a safe motorcycling culture through respect for all road users, pedestrians and the general public.

1.5 Powers of the chapter

1.5.1 The chapter shall have all the power conferred by section 25 of the Act.

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Part 2

Chapter Membership
2.1 Membership

2.1.1 The chapter shall have members as prescribed by Patriots Australia with the exception of the following:
a. No associate members, as per standing agreements with the United Motorcycle Council of South Australia; and
b. Registered supporter membership shall be limited to:
i) the spouse of a full member; or
ii) the legal dependent of a full member under the age of 18 years; or
iii) Defence Civilians and their spouse only; or
iv) civilian members of good standing, that have provided continuous support for the chapter for a minimum of two
years. This membership privilege is to be initiated and bestowed by virtue of a chapter general meeting only.
2.1.2 Any member or registered supporter found to have been member or associate of a criminal organisation, street gang or
patch club shall be evicted without the right of appeal from the chapter.
2.1.3 All prospective nominees shall complete a probationary period of no less than three months before becoming eligible to
become a full member or registered supporter where applicable.
2.1.4 A majority vote at a committee meeting is required for final approval prior to a person becoming a full member or
registered supporter of the chapter.
2.1.5 Any nominee or applicant found to have been member or associate of a criminal organisation, street gang or patch club
shall not be deemed as suitable for full membership or registered supporter status by the committee.
2.1.6 Should the committee decide not to grant full membership or registered supporter status to a nominee, that nominee shall
have the right of a single verbal appeal only to the committee at such time as the nominee is notified of the decision.

2.2 Member access to chapter documents

2.2.1 All members of the chapter shall be afforded full access to chapter documentation including the chapter; constitution, by-
laws, rules and regulations, meeting minutes, and committee reports.
2.2.2 Where possible the Chapter Secretary is to ensure all relevant information is placed on the Chapter Website.
2.2.3 Should a member require specific access to sensitive materials not present on the Chapter Website, the member should
apply in writing to the Chapter Secretary for said access.

2.3 Regalia and Patches

2.3.1 All members and registered supporters of the chapter are required to purchase and wear a motorcycle vest or jacket
embellished with such regalia as detailed in the Chapter By-Laws ‘Adelaide Standing Order of Dress’.
2.3.2 Members or registered supporters wearing a vest or jacket embellished with Patriots Australia and Adelaide regalia are to
fully comply with the Chapter By-Laws and ‘Adelaide Standing Order of Dress’.
2.3.3 Regalia in any form that implies in any way connection or association to the chapter remain the property of the chapter. All
regalia and patches implying association to the chapter shall be surrendered upon a member or registered supporter ceasing to be a
member of the Adelaide chapter.
2.3.4 Regalia in any form that implies in any way connection or association to Patriots Australia remain the property of Patriots
Australia. All regalia and patches implying association to Patriots Australia shall be surrendered upon a member ceasing to be a
member of Patriots Australia, or in the case of a registered supporter of the chapter.
2.3.5 The chapter shall not sell, or give as a gift, any regalia or patches to other than members or registered supporters.
2.3.6 Members and supporters from Patriots Australia chapters, other than Adelaide, are to register personal details with the
chapter prior to wearing Patriots regalia or patches in the Adelaide Club Rooms.

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2.4 Application for membership

2.4.1 All applicants for chapter membership or supporter registration are required to fully comply with procedures as detailed in
the Chapter By-Laws ‘Application for Membership’.
2.4.2 Should Patriots Australia or the committee decide not to grant full nominee status to an applicant, that applicant shall have
the right of a single verbal appeal only to the committee at such time as the applicant is notified of the decision.

2.5 Life membership

2.5.1 Members meeting the criteria set by Patriots Australia may be nominated for life membership. Further guidance can sort by
contacting the Patriots Australia.

2.6 Register of members

2.6.1 The Chapter Secretary shall utilise the Patriots Adelaide Database to keep a register of members and supporters. A full
back up of the database is to be forwarded for safe keeping by the Chapter Public Officer within one month following every chapter
general meeting.
2.6.2 The Patriots Adelaide Database shall contain the following details:
a. Address,
b. Contact information,
c. Service details,
d. Entitled medals and awards,
e. Next Of Kin,
f. Emergency contact details, and
g. Medical conditions and medications.
2.6.3 All fields of the Patriots Adelaide Database relevant to a member must be supplied by said member as described in the
Chapter By-Laws ‘Application for Membership’.
2.6.4 Member details contained in the Patriots Adelaide Database are classified ‘Member – In Confidence’ and shall not be
passed or conveyed to any person or organisation outside of the chapter without the explicit permission of the individual members.

2.7 Committee notification by members

2.7.1 All members and supporters of the chapter are to immediately notify the committee of any change in personal circumstance
that may:
a. prejudice that member in the view of the chapter; or
b. jeopardise the chapter’s standing with the local community or Patriots Australia; or
c. violate Patriots Australia or chapter rules or by-laws; or
d. contravene Australian or State laws.
2.7.2 All members and supporters of the chapter are to immediately notify the committee of any contact or dealings with patch
clubs or their interests.

2.8 Subscriptions

2.8.1 The subscription fees for members and registered supporters shall be such sum as defined in the Chapter By-Laws.

2.8.2 The subscription fees shall be payable annually on 1 July or at a time that the committee determines.

2.8.3 Any member or supporter whose subscription is outstanding for more than three months after the due date for payment
shall cease to be a member of the chapter, provided always that the committee may reinstate such a person’s membership on such
terms as it thinks fit.

2.8.4 In the situation where a member or registered supporter is deployed or extenuating circumstances are conveyed to the
committee, a waiver may be granted. Subscriptions shall be paid in full within one month of return from deployment, or a at such
time as the committee is notified that the waiver is no longer required.

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2.9 Cessation of Membership

2.9.1 A person ceases to be a member of the chapter if that person:

a. Dies;

b. Resigns his or her membership;

c. Is expelled form the chapter; or

d. Remains non-financial with the chapter for more that three months.

2.10 Resignations

2.10.1 A member of the chapter may at any time resign membership of the chapter by giving written notice to any member of the
chapter executive committee.
2.10.2 Any resigning member shall be liable for any outstanding subscriptions which may be recovered as a debt due to the
chapter.
2.10.3 Where a member has resigned from Patriots Australia, including the Adelaide Chapter, all regalia that infers in any way
that the resigning member is a member of Patriots Australia and the Adelaide Chapter shall be surrendered.
2.10.4 Where a member has resigned or transferred from the chapter, but still remains a member of Patriots Australia, all regalia
that infers in any way that the resigning member is a member of the Adelaide Chapter shall be surrendered.
2.10.5 A resigning member is not entitled to, and shall not hold Patriots Australia or the chapter liable for, the refund of any
monies lost due surrendered regalia.
2.10.6 Upon receipt of resignation from a chapter member, the Chapter Sectary shall remove all details relating to said member
from the Patriots Adelaide Database, whereupon said member ceases to be a member of the chapter.
2.10.7 Where a member of the chapter resigns his or her membership that member forfeits all joining fees and annual
subscriptions.
2.10.8 A resigning member is not entitled to and, shall not hold Patriots Australia or the chapter liable for, the refund of any
monies lost due cancellation of joining fees or subscriptions.
2.10.9 Rights, privileges, or obligations of a person by virtue of his or her membership of the chapter;
a. shall not be transferred or transmitted to another person; and
b. terminates upon the cessation of his of her membership, weather by death, resignation, or otherwise.
2.10.10 A member who resigns in good standing may re-apply for membership subject to chapter standing membership application
criteria.
2.10.11 A member who resigns and subsequently re-joins may not apply to have his or her previous service recognised for the
purpose of any long service awards, appointments to the National Committee, or any other privilege afforded continuous long
service.

2.11 Expulsion of a member

2.11.1 Subject to giving a member the opportunity to be heard or to make a written submission, the committee may resolve to
expel a member upon:
a. a charge of misconduct against the member detrimental to the interests of the chapter; or
b. discovery that by virtue of their presence the member jeopardises the physical security or national security clearances
of members or registered supporters; or
c. prejudicial behaviour that brings the chapter or Patriots Australia in disrepute with or State or Federal authorities; or
d. civil charges being laid against the member, as deemed of a series nature, under State or Federal legislation; or
e. expulsion of the member from Patriots Australia.
2.11.2 Particulars of the charge shall be communicated in writing to the member at least one month before the meeting of the
committee at which the matter will be determined.

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2.11.3 The determination of the committee shall be communicated to the member, and in the event of an adverse determination
the member shall, (subject to paragraph 2.11.4 below), cease to be a member 14 days after the committee has communicated its
determination to the member.
2.11.4 It shall be open to a member to appeal the expulsion to the chapter at a general meeting. The intention to appeal shall be
communicated to the Secretary or Public Officer of the chapter within 14 days after the determination of the committee has been
communicated to the member.
2.11.5 In the event of an appeal under paragraph 2.11.4, the appellant’s membership of the chapter shall not be terminated unless
the determination of the committee to expel the member is upheld by the members of the chapter in general meeting after the
appellant has been heard by the members of the chapter, and in such event membership will be terminated at the date of the general
meeting at which the determination of the committee is upheld.

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Part 3

Chapter Committee
3.1 Powers and duties

3.1.1 The affairs of the chapter shall be managed and controlled by the committee which, in addition to any powers and
authorities conferred by these rules, may exercise all such powers and do all such things as are within the objects of the chapter, and
are not by the Act or by these rules required to be done as defined in the chapter by-laws, or by the chapter in a general meeting.
3.1.2 The committee has the management and control of the funds and other property of the chapter.
3.1.3 The committee shall have authority to interpret the meaning of:
a. these rules; and
b. those contained within the Chapter By-Laws; and
c. any rules or regulations put into place by the chapter or committee; and
d. any other matter relating to the affairs of the chapter on which these rules are silent.
3.1.4 Additional committee member duties, responsibilities and bounds of power shall be as detailed in Chapter By-Laws.
3.1.5 The committee shall appoint a public officer as required by the Act. Notice of appointment and any change in the identity
or address of the public officer are to be lodged within one month after the change (Form 10) with the Office of Consumer and
Business Affairs, Corporate Affairs and Compliance Branch, Level 3, Chesser House, 91-97 Grenfell Street, Adelaide 5000; postal
address: GPO Box 1719, Adelaide 5001.

3.2 Appointment

3.2.1 The committee shall be comprised of two levels of office:


a. The Executive Committee shall be comprised of a; President, Vice President, Secretary, Treasurer; and
b. The Ordinary Committee shall be comprised of a; SGT at Arms, Road Captain, Quarter Master, and Entertainments
Officer.
3.2.2 A committee member shall be a natural person.
3.2.3 A retiring committee member shall be eligible to stand for re-election without nomination. No other person shall be
eligible to stand for election unless a member of the association has nominated that person at least 28 days before the meeting by
delivering the nomination of that person to the secretary of the chapter. The nomination shall be signed by the proposer and by the
nominee.
3.2.4 Notice of all persons seeking election to the committee shall be given to all members of the association with the notice
calling the meeting at which the election is to take place.
3.2.5 The committee may appoint a person to fill a casual vacancy, and such a committee member shall hold office until the next
annual general meeting of the association and shall be eligible for election to the committee without nomination.
3.2.6 The committee may appoint a sub-committee or staff, and delegate any committee powers and functions other than:
a. the power of delegation; and
b. any duty or responsibility imposed on the chapter committee by the Act.
3.2.7 Appointments and delegations shall be in written form and may be subject to condition or limitations as deemed
appropriate by the committee.
3.2.8 The committee may at any time, in written form, revoke or alter any part of an appointment or delegation.

3.3 Proceedings of committee

3.3.1 Committee meetings will nominally be held in the Patriots Adelaide club rooms on the first Monday of every month at
1900h. Alternate arrangements are to be promulgated with a minimum of 7 days notice for a change in venue and, or 14 days notice
for a change in timing.
3.3.2 Questions arising at any meeting of the committee shall be decided by a majority of votes, and in the event of equality of
votes the chairperson shall have a casting vote in addition to a deliberative vote.
3.3.3 A quorum for a meeting of the committee shall be:

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a. the President or Vice President; and
b. Secretary or Treasurer; and
c. any two ordinary committee members.
3.3.4 A member of the committee having a direct or indirect pecuniary interest in a contract or proposed contract with the
chapter must disclose the nature and extent of that interest to the committee as required by the Act, and shall not vote with respect to
that contract or proposed contract. The member of the committee must disclose the nature and extent of his or her interest in the
contract at the next annual general meeting of the chapter.

3.4 Disqualification of committee members

3.4.1 The office of a committee member shall become vacant if a committee member is:
a. disqualified from being a committee member by the Act; or
b. expelled as a member under these rules; or
c. permanently incapacitated by ill health; or
d. absent without apology from more than four meetings in a financial year; or
e. expelled as a member of Patriots Australia; or
f. expelled in a vote of no confidence by more than 75% of general members present at a special general meeting
convened for the purposed of said expulsion.

3.5 The seal

3.5.1 The chapter shall have a common seal upon which its corporate name shall appear in legible characters. The seal shall not
be used without the express authorisation of a executive committee member, and every use of the seal shall be recorded in the
minutes of the following committee meeting of the chapter. The affixing of the seal shall be witnessed by a second committee
member.

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Part 4

Chapter Meetings
4.1 General meetings

4.1.1 The committee shall call general meetings in accordance with the Act and these rules.
4.1.2 The order of the business at all general meetings shall be:
a. Confirmation of the minutes of the previous annual general meeting and of any special general meeting held since
that meeting,
b. The consideration of the accounts and reports of the committee,
c. Election of committee members,
d. Any other business requiring consideration by the association in general meeting.
4.1.3 The committee shall call a minimum of three general meetings annually in the months of March, June and September.

4.2 Annual general meeting

4.2.1 The committee shall call an annual general meeting in accordance with the Act and these rules.
4.2.2 The annual general meeting shall be conducted annually in the month of November.

4.3 Special general meeting

4.3.1 The committee may call a special general meeting of the chapter at any time.
4.3.2 Upon a requisition in writing of not less than 50% of members of the chapter, the committee shall, within one month of the
receipt of the requisition, convene a special general meeting for the purpose specified in the requisition.
4.3.3 Every requisition for a special general meeting shall be signed by the relevant members and shall state the purpose of said
meeting.
4.3.4 If a special general meeting is not convened within one month, as required by paragraph 4.3.2 above the requisitionists
may convene a special general meeting. Such a meeting shall be convened in the same manner as nearly as practical as a meeting
convened by the committee, and for this purpose the committee shall ensure that the requisitionists are supplied free of charge with
particulars of the members entitled to receive a notice of meeting. The reasonable expenses of convening and conducting such a
meeting shall be borne by the chapter.

4.4 Notice of general meetings

4.4.1 General meetings will nominally be held in Patriots Adelaide club rooms on the second Sunday of the nominated month at
1900h. Alternate arrangements are to be promulgated with a minimum of 7 days notice for a change in venue and 14 days notice for
a change in timing. A reminder notice shall be sent out to all members containing particulars of the nature and order of the business
to be transacted at the meeting.
4.4.2 Notice of a meeting at which a special resolution is to be proposed shall be given at least 21 days prior to the date of said
meeting.
4.4.3 A notice may be given by the association to any member by serving the member with the notice personally, via e-mail or
by sending it by post to the relevant address appearing in the Patriots Adelaide Database of members.
4.4.4 Where a notice is sent by e-mail:
a. the service is effected by properly addressing, request of a ‘delivery receipt’ and ‘read receipt’; and
b. Unless the contrary is proved, service will be taken to have been effected at the time at which a valid ‘delivery’ and
‘read’ receipt have been returned.
4.4.5 Where a notice is sent by post:
a. the service is effected by properly addressing, prepaying and posting a letter or packet containing the notice, and
b. Unless the contrary is proved, service will be taken to have been effected at the time at which the letter or packet
would be delivered in the ordinary course of post.

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4.5 Proceedings at general meetings

4.5.1 65% of the chapter members personally, or by proxy, shall constitute a quorum for the transaction of business at a general
meeting.
4.5.2 If within 30 minutes after the time appointed for the meeting a quorum of members is not present, a meeting convened
upon the requisition of members shall lapse. In any other case, the meeting shall stand adjourned to the same day in the next week, at
the same time and place and if at such adjourned meeting a quorum is not present within 30 minutes of the time appointed for the
meeting the members present shall form a quorum.
4.5.3 The senior member of the executive committee present shall preside as chairperson at a general meeting of the association.

4.6 Voting at general meetings

4.6.1 Subject to these rules, every financial member of the chapter has only one vote at a meeting of the chapter.
4.6.2 Members with outstanding subscriptions or debts at the time of a meeting are not entitled to vote at that meeting.
4.6.3 Subject to these rules, a question for decision at a general meeting, other than a special resolution, must be determined by a
majority of members who vote in person or, by proxy, at that meeting.
4.6.3 Unless a poll is demanded by at least five members, a question for decision at a general meeting must be determined by a
show of hands.

4.7 Poll at general meetings

4.7.1 If a poll is demanded by at least five members, it must be conducted in a manner specified by the person presiding and the
result of the poll is the resolution of the meeting on that question.
4.7.2 A poll demanded for the election of a person presiding or on a question of adjournment must be taken immediately, but
any other poll may be conducted at any time before the close of the meeting.

4.8 Special and ordinary resolutions

4.8.1 A special resolution as defined in the Act.


4.8.2 A clause can be included repeating the definition in section 3 of the Act.
4.8.3 An ordinary resolution is a resolution passed by a simple majority at a general meeting.

4.9 Proxies

4.9.1 A member shall be entitled to appoint in writing, or via an e-mail address as appears in the Patriots Adelaide Database, a
natural person who is also a member of the chapter to be their proxy to vote on their behalf at any general meeting of the chapter.
4.9.2 The chapter Secretary shall confirm lodgement of a proxy vote by:
a. a notice is sent by e-mail; or
i) the service is effected by properly addressing, request of a ‘delivery receipt’ and ‘read receipt’; and
ii) unless the contrary is proved, service will be taken to have been effected at the time at which a valid ‘delivery’
and ‘read’ receipt have been returned.
b. a notice is sent by post:
i) the service is effected by properly addressing, prepaying and posting a letter or packet containing the notice, and
ii) unless the contrary is proved, service will be taken to have been effected at the time at which the letter or packet
would be delivered in the ordinary course of post.
4.9.3 Confirmation by the Sectary shall contain the members voting preference. A member lodging a vote by proxy shall
immediately inform the chapter committee if the returned confirmation does not state that members voting preference as requested
via their proxy.

4.10 Minutes

4.10.1 Proper minutes of all proceedings of general meetings of the association, and of meetings of the committee, shall be
produced in written form and filed in the Minutes Folder within one month of the meeting haven taken place.

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4.10.2 The minutes as filed in written form are to be re-produced in electronic form and placed on the Chapter Website within 7
days of having being filed.
4.10.3 The minutes kept pursuant to this rule must be confirmed by the members of the chapter present at said meeting at the next
relevant meeting.
4.10.4 The minutes kept pursuant to this rule shall be signed by the chairperson of the meeting at which the proceedings took
place or by the chairperson of the next succeeding meeting at which the minutes are confirmed.
4.10.5 Where minutes are entered and signed they shall, until the contrary is proved, be evidence that the meeting was convened
and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a
meeting shall be deemed to be valid.

4.11 Chapter Rides

4.11.1 Chapter rides shall be conducted in full accordance with Chapter By-Laws.

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Part 5

Chapter Disputes
5.1 Dispute resolution

5.1.1 The dispute resolution procedure set out in this rule applies to disputes under these Rules between:
a. a member and another member
b. a member and the chapter
5.1.2 The parties to the dispute must meet and discuss the matter in dispute and, if possible, resolve the dispute within 14 days
after the dispute comes to the attention of all of the parties.
5.1.3 If the parties are unable to resolve the dispute at the meeting the parties may choose to meet and discuss the dispute before
an independent third person agreed to by the parties.
5.1.4 In this rule ‘member’ includes any person who was a member not more than six months before the dispute occurred.
Section 40 of the Act provides that where the committee exercises any power of adjudication in relation to a dispute between the
members, or a dispute between itself and members of the chapter, the rules of natural justice must be observed Section 61 of the
Act provides that an application to the Court for an order under the section may be made by a member of an incorporated
association or by a former member expelled from the association (provided that the application is made within six months of the
expulsion), who believes that the affairs of the association are being conducted in a manner that is oppressive or unreasonable.

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Part 6

Chapter Finances
6.1 Financial year

6.1.1 The financial year of the chapter shall be the period beginning 1st of January and ending on the next 31st of December each
year.

6.2 Accounts to be kept

6.2.1 The chapter shall keep and retain such accounting records as are necessary to correctly record and explain the financial
transactions and financial position of the chapter in accordance with the Act. Refer to regulation 8 of the Associations Regulations.

6.3 Prohibition against securing profits for members

6.3.1 The income and capital of the chapter shall be applied exclusively to the promotion of its objects and no portion shall be
paid or distributed directly or indirectly to members or their supporters except as bona fide remuneration of a member for services
rendered or expenses incurred on behalf of the chapter. Section 55 of the Act provides a prohibition against securing profits for
members.

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Part 7

Dissolution of the Chapter


7.1 Winding up

7.1.1 The chapter may be wound up in the manner provided for in the Act.

7.2 Application of surplus assets

7.2.1 If after the winding up of the chapter there remains ‘surplus assets’ as defined in the Act, such surplus assets shall be
distributed to any organisation which has similar objects and has rules which prohibit the distribution of its assets and income to its
members. The chapter may determine to distribute surplus assets to nominated charities.
7.2.2 Such organisation or organisations shall be identified and determined by a resolution of members in general meeting.
Section 43 of the Act prohibits the distribution of surplus assets at the completion of a winding up to members or former members,
or associates of those persons.

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Part 8

Safe Keeping of Chapter Documentation


8.1 Data Back up

8.1.1 The chapter sectary shall ensure the regular back up of all relevant chapter records and data including, but not limited to,
the following:

a. The Patriots Adelaide Database,

b. Minutes of all meetings,

c. The Constitution

d. Chapter By-Laws,

e. Chapter Rules and Regulations,

f. Committee member statements

g. Inwards and outwards correspondence,

h. Membership applications,

i. E-mails,

j. Records of conversation.

8.2 Public Officer

8.2.1 The Chapter Secretary shall within one month following a general meeting forward a complete copy of the latest back up
of chapter records to the Chapter Public Officer for safe keeping.

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Part 9

Chapter Rules and Bylaws


9.1 Constitutional Rules

9.1.1 These rules may be altered (including an application to Patriots Australia for alteration of the chapter’s name) by special
resolution of the members of the chapter. This includes recision or replacement by substitute rules. The alteration shall be registered
with the Office of Consumer and Business Affairs, Corporate Affairs Commission, as required by the Act.
9.1.2 A copy on the amended rules is to be delivered, within one month, to the Chapter Public Officer for safe keeping.
9.1.3 The registered rules shall bind the chapter and every member to the same extent as if they have respectively signed and
sealed them, and agreed to be bound by all of the provisions thereof.

9.2 Chapter By-Laws

9.2.1 Chapter By-Laws may only contain such laws as not required by the Act to be included in the Chapter Constitution.

9.2.2 Chapter by-laws may be altered by a quorum of members present any general meeting of the chapter.

9.2.3 Advanced notice to members of the chapter is not required to enact an amendment to Chapter By-Laws. This includes
recision or replacement by substitute by-laws.

9.3 Chapter Rules and Regulations

9.3.1 Chapter rules and regulations may only contain such laws as not required by the Act to be included in the Chapter
Constitution.

9.3.2 Chapter rules and regulations may only contain such laws as determined by quorum of the committee as not be of
sufficient nature to warrant inclusion in the Chapter By-Laws.

9.3.3 Chapter rules and regulations may be altered by a quorum of committee present any committee meeting of the chapter.

9.3.4 Advanced notice to members of the chapter is not required to enact an amendment to chapter rules and regulations. This
includes recision or replacement by substitute by-laws.

________________________________________________________________________________________________________

I acknowledge the acceptance of this constitution on behalf of the majority of members present at the Patriots Australia - Adelaide
Chapter 2010 Annual General Meeting.

Signature: Name: President Adelaide Chapter Dated: Nov 2010

Witnessed:

Signature: Name: Secretary Adelaide Chapter Dated Nov2010

Lodged with the Office of Consumer and Business Affairs, Corporate Affairs and Compliance Branch:

Signature: Name: Dated: 2010

Witnessed:

Signature: Name: Dated: 2010

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