Version No. 020 Scout Association Act 1932 Act No. 4092/1932




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S. 7 substituted by No. 9878 s. 8.

7. Powers of corporation and Branch Executive Committee

s. 7

(1) The Corporation may lease, mortgage, sell or otherwise deal with the real or personal property vested in it in such manner, subject to any special trust affecting the property, as the Branch Executive Committee thinks fit.

(2) In any proceedings, production of a resolution of the Branch Executive Committee specifying the manner in which any real or personal property vested in the Corporation is to be leased, mortgaged, sold or otherwise dealt with, sealed with the common seal of the Corporation, shall be conclusive evidence of the due passing of the resolution and compliance with the provisions of this Act and the Constitution relating to the resolution.

(3) The Branch Executive Committee may in the name and on behalf of the Corporation exercise in relation to the Corporation and the Branch such powers as are conferred on the Committee by the Constitution.


S. 8 amended by No. 9878 s. 9(a).

8. Receipt and application of gifts etc. by the corporation

(1) The corporation shall—




S. 8(1)(a) amended by No. 9878 s. 9(b).

(a) receive all gifts grants of money or contributions made by the Government of Victoria or by any municipality incorporated body society or person to the Australian Association or the Branch; and

S. 8(1)(b) amended by No. 9878 s. 9(c).

(b) apply the same in accordance with the terms provisions and conditions of such gifts, grants or contributions; or if there be none such, or on such terms provisions or conditions becoming impossible of performance, then in accordance with the objects of the Association and the directions (if any) of the Australian Association.

S. 8(2) inserted by No. 9878 s. 9(c).

(2) Subject to sub-section (3)—

(a) the provisions of sub-section (1) as amended by the Scout Association Act 1983 apply to any gift, grant or contribution received by the Corporation on or after the date of commencement of that Act; and



s. 8

(b) the provisions of sub-section (1) as in force immediately before that date of commencement continue to apply to any gift, grant or contribution received by the Corporation before that date.

S. 8(3) inserted by No. 9878 s. 9(c).

(3) Where before the date of commencement of the Scout Association Act 1983 the Corporation has received a gift, grant or contribution and at the date of commencement of that Act any part of that gift, grant or contribution has not been applied or used by the Corporation, the Corporation may if it thinks fit, notwithstanding the terms, provisions and conditions of the gift, grant or contribution, apply the gift, grant or contribution in accordance with the objects of the Australian Association and the directions (if any) of that Association, and a gift, grant or contribution so applied shall have effect as if any reference in a term, provision or condition to the British Association were a reference to the Australian Association.

S. 8(4) inserted by No. 9878 s. 9(c).

(4) The Corporation shall be deemed on and from 15 December 1958 to have had power to receive gifts, grants of money and contributions to the Australian Association and to apply them in accordance with any terms, conditions or provisions to which they were subject and otherwise for the objects and in accordance with the directions (if any) of the Australian Association.

9. Custody and use of the seal



s. 9

S. 9(1) amended by No. 9878 s. 10(a).

(1) The common seal of the Corporation shall be in the custody of the general secretary and shall not be affixed to any document except pursuant to a resolution of the Branch Executive Committee.

S. 9(2) substituted by No. 9878 s. 10(b).

(2) The affixing of the common seal of the Corporation to a document shall be attested in such manner as is prescribed by the Constitution:

S. 9(2)
Proviso amended by No. 35/1996 s. 453(Sch. 1 item 74).


Provided that it shall not be necessary to require the common seal to be affixed as evidence of the appointment by the corporation of a legal practitioner in or for the prosecution or defence of any action suit or other proceeding.

10. Notice to and service on the corporation

Notice to or service upon the general secretary or acting general secretary of the corporation shall be deemed to be a notice to or service upon the corporation.


Comp. 16, 17 Geo. V. c. 26.

11. Protection of names, uniforms, badges etc. used by the corporation and members of its organizations

(1) The Governor in Council may by Order in Council made on the application of the corporation protect—



S. 11(1)(a) amended by No. 9878 s. 11(a).

(a) the name of the Australian Association and of the Branch;


S. 11(1)(b) amended by No. 9878 s. 11(a).

(b) any special name or designation specified in the Order and used by the Australian Association or the Branch for the members thereof, or for the members of any organization constituted by the Association in pursuance of its charter or by the Branch in pursuance of the Constitution;

S. 11(1)(c) amended by No. 9878 s. 11(a).

(c) any uniform with distinctive markings or badges used by the Australian Association or the Branch and described in the Order; and

S. 11(1)(d) amended by No. 9878 s. 11(a).

(d) any badge to be worn without uniform used by the Australian Association or the Branch and described in the Order:

s. 11

S. 11(1) Proviso amended by No. 9878 s. 11(b).

Provided that nothing in any such Order or in this section shall deprive any bona fide organization of the right to use any designation uniform or badge which at the time of the passing of this Act or the Scout Association Act 1983 is in regular use by that organization.

S. 11(1A) inserted by No. 9878 s. 11(c).

(1A) Nothing in sub-section (1) affects the continuity of status, operation or effect of any order made under this section before the date of commencement of the Scout Association Act 1983.

(2) An Order in Council under this section—

(a) shall not be made unless notice of the application for an Order has been given in such manner and accompanied by such particulars as the Minister directs; and the Minister shall consider any objections to an Order which are made by or on behalf of any persons or societies affected or likely to be affected by the Order;

(b) shall be laid as soon as may be after it is made before both Houses of Parliament; and if a resolution is passed by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after any such Order is laid before it declaring that such Order should be annulled, the Governor in Council may annul the Order and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder; and

(c) may be amended or revoked by a subsequent Order in Council.

(3) Where the use by the corporation of any name designation uniform or badge has been so protected, a person shall not without the authority of the corporation use the name designation uniform or badge the use of which is so protected or any name designation uniform or badge so closely resembling the name designation uniform or badge the use of which is protected hereunder as to lead to the belief that it is that name designation uniform or badge.



s. 11

S. 11(4) amended by No. 9878 s. 11(d)(i).

(4) If any person acts in contravention of the last preceding sub-section of this section he shall be liable in respect of each offence to a penalty of not more than 2 penalty units:

S. 11(4) Proviso amended by No. 9878 s. 11(d)(ii).

Provided that this section shall not prevent any person from wearing or using any uniform or badge or distinctive marking in the course of or for the performance of a stage play or representation, or a music-hall or circus performance, pageant or television production or production of a cinematograph film, if the uniform badge or distinctive mark is not worn or used in such a manner or under such circumstances as to bring it into contempt.

(5) The corporation when making application for the protection of a uniform shall together with the application furnish an exact and detailed description of the uniform both in respect to form and colour, such as may clearly indicate what are the precise extent and limits of the protection to be granted.



See (Comm.) 1924 No. 31.

(6) This section shall be read and construed as in aid of and not in derogation from any Commonwealth Act relating to the subject-matter hereof.

S. 12 inserted by No. 9878 s. 12.

12. Winding-up of Corporation

s. 12

(1) The Corporation may at any time submit to the Governor in Council a scheme for the winding-up of the Corporation, sealed with the common seal of the Corporation.

(2) Where a scheme is submitted to the Governor in Council under sub-section (1), the Governor in Council if he is satisfied that the scheme makes proper provision for—

(a) the discharge of the debts and liabilities of the Corporation or incurred in relation to the Corporation;

(b) the disposal of the assets held by or on behalf of the Corporation that may remain after discharge of the debts and liabilities mentioned in paragraph (a), not being assets to which paragraph (c) applies;

(c) the transfer to a person or body of persons as trustee or trustees of any property held by the Corporation on trust;

(d) the dissolution of the Corporation;

(e) contracts, legal proceedings and other matters to which the Corporation is a party or in which the Corporation has an interest; and

(f) such other matters as the Governor in Council thinks ought to be provided for in relation to the winding-up of the Corporation—

may by order published in the Government Gazette approve and give effect to the scheme.

(3) An order under sub-section (2)—

(a) shall set out a scheme approved by the order;

(b) may contain such other provisions as the Governor in Council thinks necessary or proper in relation to the dissolution of the Corporation and the dissolution or government of the Branch; and

(c) shall have effect according to its tenor and notwithstanding anything to the contrary in this Act.

(4) The Governor in Council on the application in writing by the Corporation under the Corporation's common seal may by order published in the Government Gazette amend or vary an order under sub-section (2).


s. 12
__________________

Sch.
inserted by No. 9878 s. 12.

SCHEDULE


Sch.


INDEX

Clauses




Page

1–3

Definitions

22

4–8

The Council—Constitution and duties

23

9–10

Meetings of the Branch

24

11–22

Meetings of the Council

25

23–36

The Committee and management of the Branch

26

37

Vacation of office by members of the Council and Committee

32

38–45

Retirement of members of the Council and Committee

33

46–52

Chief Commissioner Designate—appointment

34

53–54

Chief Commissioner—appointment and term of office

36

55

Chief Commissioner—casual vacancy

37

56–57

Chief Commissioner—Powers

37

58

Honorary Treasurer

38

59

General Secretary

38

60

Seal

38

61–63

Accounts

38

64–65

Audit

39

66

Indemnity

39

67

Register of members of Council and Committee

39

68

Notices

39

69

Alteration of By-laws

39

Constitution of the Scout Association of Australia Victorian Branch

Definitions

1. The Constitution of the Branch is set out in the following By laws.

2. The provisions of the Act shall be strictly observed and in the event of any inconsistency between the provisions of the Act and the provisions of these By-laws the provisions of the Act shall prevail.

3. In these By-laws unless the context otherwise requires—



"the Act" shall mean The Boy Scouts Association Act 1932 as amended by the Scout Association Act (Amendment) Act 1979 or any amendment or re-enactment thereof;

"the Australian Association" shall mean The Scout Association of Australia (incorporated by Royal Charter 1967);

"the Branch" shall mean the Branch as defined in the Act;

"Chief Commissioner" shall mean Chief Commissioner of the Branch;

Sch.

"Chief Commissioner Designate" shall mean the Chief Commissioner Designate of the Branch;

"the Chief Scout" shall mean the Chief Scout for the time being of Victoria;

"the Committee" shall mean the Branch Executive Committee for the time being appointed under or in accordance with these By-laws or such number of members of such committee as under the By-laws shall for the time being be entitled to act for such committee;

"the Council" shall mean the State Council for the time being of the Branch, being the body incorporated by the Act under the name "The Scout Association of Australia, Victorian Branch Council", and operating also under these By-laws;

"lay member" shall mean a member not being a Scouter;

"warrant" shall have the same meaning as is ascribed thereto by the Policy Organisation and Rules;

"Policy Organisation and Rules" shall mean the Policy Organisation and Rules of the Scout Association of Australia 1976 and any amendment or re-enactment thereof;

"the Royal Charter" shall mean the Royal Charter dated 23 August 1967 whereby the Australian Association was incorporated and any amendment thereof;

"Scouter"

(a) shall mean a person holding a Warrant from the Branch, but also;

(b) shall include the Chief Commissioner notwithstanding that his Warrant is issued by the Chief Scout of Australia;

"Scout" shall have the meaning given to it from time to time by the Policy Organisation and Rules.

Words importing the singular number only shall include the plural number and vice versa and words importing persons shall include Corporations and words importing the masculine gender shall also include the feminine gender.

THE COUNCIL

MEETINGS AND DUTIES INCLUDING MEETINGS OF THE BRANCH

4. The Council shall consist of—


Sch.

(a) The Chief Scout;

(b) The persons for the time being respectively holding the following offices, namely President of the Branch, two Vice Presidents of the Branch, Honorary Treasurer, Chief Commissioner, Deputy Chief Commissioner, Assistant Chief Commissioners and all other Commissioners and Assistant Commissioners with the exception of Honorary Commissioners and Assistant District Commissioners;

(c) Area Presidents;

(d) General Secretary;

(e) Such other persons, not exceeding thirty-six in number, as may be elected by the Council from time to time as lay members;

(f) Two additional members from each Area Council approved by the Committee, one only of whom may be a Scouter. These additional members shall be respectively elected by the Area Council which they are to represent.

5. The Committee shall have power at any time to appoint any person to fill a vacancy in lay members elected from time to time as members pursuant to Clause 4(e) and may appoint additional lay members for this purpose but so that there shall be no more than thirty-six in number of such lay members in this classification. Any person so appointed shall hold office only until the next following Annual Ordinary General Meeting of the Council.

6. The members of the Council holding office on the coming into operation of these By-laws shall continue to hold office but shall retire as provided by these By-laws.

DUTIES OF THE COUNCIL


Sch.

7. The Council shall in accordance with Section 5 of the Act control the Scout Movement in Victoria and may do all things necessary or requisite for providing and maintaining an efficient organisation for the purposes of the Branch including and without restricting the generality of the foregoing provisions of this Clause the performance and exercise of all such powers and duties as are delegated to it by the Australian Association under the provisions of the Royal Charter.

8. The Council shall regulate its functions and duties in accordance with the Policy Organisation and Rules.

MEETINGS OF THE BRANCH

9. Once in each year the Council shall hold a Meeting of the members of the Council and Scouters and other persons interested in the Branch and such Meeting shall be called the Annual General Meeting of the Branch. The business of this Meeting shall be to receive a report on the state or condition of the Branch and the progress of its work and to make recommendations to the Council. Such Meetings shall be called at such time and place as the Committee shall prescribe by notice thereof published in a newspaper circulating throughout the state of Victoria not less than fourteen days prior to the date of the said Meeting.

10. Any person attending such Meeting may having given seven days prior notice in writing to the General Secretary of his intention so to do submit any matter to the Meeting for its consideration.

MEETINGS OF THE COUNCIL

11. An Annual Ordinary General Meeting of the Council shall be held once in every year at such time and place as the Committee may prescribe and such Meeting shall be called the Annual Meeting of the Council. Extraordinary General Meetings of the Council may be called at any time by the Chief Scout or President of the Branch and shall be called by the General Secretary on receipt by him of a requisition signed by at least ten members of the Council for the calling of such Meeting. If the General Secretary shall fail to call a Meeting within fourteen days after the receipt by him of such requisition the members signing such requisition may themselves convene a Meeting of the Council.


Sch.

12. Fourteen days' notice at the least of every Meeting of the Council (exclusive of the day on which the notice is served but inclusive of the day for which the Meeting is called) specifying the place day and hour of Meeting and (in case of special business) the general nature of the business to be transacted shall be given by notice sent by post in a prepaid letter envelope or wrapper addressed to each member at his last known address.

13. The accidental omission to give notice of a Meeting of the Council to any member thereof entitled to receive notice shall not invalidate anything done at such Meeting.

PROCEEDINGS AT MEETINGS OF THE COUNCIL

14. The ordinary business of the Annual Ordinary General Meeting of the Council shall be to receive and consider an income and expenditure statement and balance sheet prepared in accordance with Clause 62 to elect members of the Council and of the Committee, to appoint a President, two Vice Presidents, Honorary Treasurer, Auditors and Solicitors and to consider such matters as are submitted by the Committee or by a Meeting of the Branch of which notice shall have been given in the notice calling the Meeting. All other business transacted at an Ordinary Meeting and all business transacted at an Extraordinary Meeting shall be deemed special.

15. Fifteen members of the Council personally present shall be a quorum.

16. No special business shall be submitted to a Meeting of the Council except with the consent of the chairman of such Meeting or unless within seven days after service of the notice calling the Meeting notice shall have been given to the General Secretary of the Branch of the intention to submit such special business to the Meeting. On receipt of such notice the General Secretary shall forthwith give notice thereof to each person entitled to receive such notice of Meetings.

17. The President of the Branch shall be entitled to take the chair at every Meeting. If the President of the Branch shall not be present within fifteen minutes after the time appointed for such Meeting the members of the Council present shall choose one of their number to take the chair.

18. If within half an hour after the time appointed for the Meeting a quorum is not present the Meeting shall stand adjourned until such day and at such time and place as the chairman may decide and if at such adjourned Meeting a quorum is not present those members who are present shall be a quorum and may transact the business for which the Meeting was called.

19. Except as hereinafter provided every question submitted to a Meeting shall be decided by a show of hands. In case of an equality of votes the chairman shall have a casting vote in addition to the vote to which he is entitled as a member of the Council.

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