The ABA operates under the Model Constitution of 2010, set out under the Associations Incorporations Act 2009. This can be viewed on www.fairtrading.nsw.gov.au
ABA By-laws – undertaken in conjunction with the Model Constitution of 2010
Name and Title: The name of the association is “Associated Bird Keepers of Australia Incorporated” (hereinafter referred to as the “ABA Inc.”)
Definitions: In this constitution: bird keeping (aviculture) means the keeping, breeding, exhibiting, and trading of birds and the use of birds in sport and bird-keepers (aviculturists) has a corresponding meaning.
Aims and Objectives:
a) To be a united and effective representative body to liaise with, assist and advise all levels of government on all matters pertaining to bird keeping.
b) To monitor the activities of agencies, groups and persons to detect, avoid, deter or counter threats or potential threats to, or limitations on the activities of, bird keeping
c) To respect the ownership, keeping, breeding and trading of birds.
d) To elevate and promote high standards of competency in bird keeping.
e) To strive for self-regulation in order that the hobby of aviculture remains free of unnecessary and cumbersome restrictions.
f) To oppose any form of illegal trafficking of birds.
g) To assist and promote the conservation of all birds, specially endangered species.
h) To do all such things and activities, as are consistent with and permitted by the Associations Incorporation Act 1984, that promote the above aims and objectives
Membership:
a) Membership shall be open to all persons or bodies (incorporated or unincorporated) interested in the Aims and Objectives of the ABA Inc.
b) Each application for membership shall be made on the membership form accompanied by the appropriate payment and submitted to the Secretary.
c) Final acceptance of membership will be subject to agreement of a majority of the Committee.
d) Each applicant for membership shall undertake to comply with the spirit of the ABA Inc. “Code of Ethics” and to uphold the Aims and Objectives of the ABA Inc.Categories of Membership: There shall be the following categories of membership:
Private Member: being an individual, affiliated body member, any bird club, bird association or bird society, partnership, firm or company, whether incorporated or unincorporated.
Life Member: being a Private Member or Affiliated Body Member, admitted to Life Membership by resolution at an Annual General Meeting and entitled to vote where necessary.
Honorary Member: as may be appointed by the Committee for life or for a lesser period.
Annual Subscription:
Subscription rates shall be determined from time-to-time by the Committee and shall be displayed on Membership Application Forms.
The membership year of the ABA Inc. shall be 1st July to 30th June in the succeeding year. Applications received in the last six months of the financial year may be subject to concessions at the discretion of the Committee. Renewal subscriptions are due 1st July of each year. Members in arrears as at 30th September each year may be deemed to have resigned, but may re-join at any time subject to approval and payment of any joining fee that may be determined by the Committee.
Voting Rights at General Meetings:
Each Affiliated Body Member shall be entitled to appoint one delegate and an alternative delegate, from amongst its own members, to represent it at any General Meeting of the ABA Inc.
Such appointment must be evidenced in writing and tendered to the Secretary. A person who is the duly appointed delegate of more than one Affiliated Body shall be entitled to a number of votes corresponding to the number of Affiliated Bodies that the delegate represents. Delegates of Affiliated Bodies shall have the privileges of Private Membership without the payment of any further subscription
Accounts:
The financial accounts of the ABA Inc. shall be kept by the Treasurer and shall be audited annually and a duly audited income and expenditure account and a statement of assets and liabilities shall be presented to the Annual General Meeting. The Treasurer, with the co signatory, has the right to pay accounts on any individual account without prior approval and to have these payments ratified at the next meeting.
Funds:
A separate accounting record shall be kept of monies designated for each specific purpose. The Committee shall be responsible to ensure the Fighting Fund (monies held specifically for taking action on matters which may affect all bird keepers) is applied solely for that purpose and in an equitable manner.
Fees and Remuneration:
All members of the ABA Inc. shall serve without fee or remuneration other than for incidental out-of-pocket expenses, unless otherwise approved by the Committee
Trustees:
In the event of proposed disbandment under Clause 14. Trustees shall be appointed and shall comprise not less than four (4) persons including the persons holding, at the time of affirmation of disbandment, the positions of President, Vice-President, Secretary and Treasurer. The Official Trustee signatories shall be any three of the Trustees, one being the Treasurer, or in his/her absence, The Secretary and one shall be the President
Liability of Committee Members and Trustees:
Each of the Trustees and members of the Committee shall not be liable for any act or omission other than an act of omission that is dishonest or attributable to intentional or reckless failure to exercise due care as a Trustee or as a member of the Committee:
Indemnity for Trustees and Members of the Committee:
Each Trustee and member of the Committee shall be indemnified out of the funds of the ABA Inc. against any liability incurred by them as a result of any action or omission, as Trustee or member of the Committee, other than an act or omission that is dishonest or attributable to intentional or reckless failure to exercise due care as a Trustee or as a member of the Committee.
Each Trustee and member of the Committee shall have a lien on the assets of the ABA Inc. for such indemnity and shall not be liable for any amount to which such indemnity does not extend. The Trustees and members of the Committee shall not be indemnified out of the assets of the ABA Inc. for any penalty imposed on them under the provisions of the Associations Incorporation Act 1984 or any other Act or Regulation governing the conduct of the ABA INC.
Disbandment:
The ABA Inc. may be disbanded upon a Special Resolution being carried by not less than seventy five (75) per cent of the members entitled to vote and exercising their right to vote.
Upon the disbandment the remaining assets after payment of all liabilities, shall not be distributed to the members, but shall be held or administered by the Trustees and may be applied to re-establishment of the functions of the ABA Inc. within a period of three (3) years from the date the disbandment was affirmed.
In the absence of any re-establishment being realised within this three (3) year period the trustees shall be empowered to disburse the funds promptly to some other organisation or organisations having one or more of the objectives of the ABA Inc. and which also prohibits the distribution of assets to members.
