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MOCA Inc

Constitution & Office Bearers Responsibilities

click here for Constitution or click here for Office Bearers Responsibilities

Our constitution provides a valuable framework for MOCWA to conduct its club business from.  Equally important is that of the roles and responsibilities of all office bearers.  All of the rules applying to the club and responsibilities of office bearers are provided  below.

Mustang Owners Club of Australia, Western Australia Inc Rules & Constitution.

  1. NAME

The name of the incorporated club under these rules and constitution is the  “Mustang Owners Club of Western Australia, Incorporated,” here after called the “Club”.

  1. OBJECTIVES

  • To promote the ownership, maintenance and use of the Mustang Motor Car for the benefit of the owners, Club members and the general public.
  • To promote friendship and courtesy on the road socially and in competition between members of the Club.
  • To promote and encourage social activities, including other motoring organizations / clubs.
  •  To conduct meetings and classes whereby Members may obtain knowledge enabling them to become better drivers and to maintain their cars to a high standard of efficiency.
  •  To encourage and participate in Local and National Convention and Concours events.
  •  To be affiliated with the National Body, namely the Mustang Owners Club of Australia Inc, and maintain and encourage International connections.

  1. MEMBERSHIP

  • Membership shall be open to the following:
    • Persons who currently own a Mustang defined as being the sole, joint or principal registered owner;
    • People who wish to know more about the Mustang Marque and who one day hope to own one;
    • People who have been awarded Life Membership of the Club (as defined in 4).
  • Applications for Membership shall be made on the form provided and shall be considered by the Club Executive.
  • The Club Executive in its discretion may approve or refuse or terminate the Membership of the person.
  • Each person on becoming a Member of the Club shall be bound by the Constitution, By–Laws and Rules of the Club and the decisions of the Club Executive.
  • Financial Members of the Club who hold affiliated membership with other Motoring Clubs can not be nominated for or be appointed to any  Executive or non Executive/Management position within the Club.

  1. LIFE MEMBERSHIP

  • Life membership of the Mustang Owners Club of Western Australia Inc can be awarded to members who, in the opinion of the Club Executive and members, have served the club in a conspicuous manner over a minimum period of ten (10) years.
  • Nominations are presented to the Annual General Meeting (AGM) by the Club Executive and must be approved by at least two-thirds of those present and entitled to vote. Nominations should be forwarded to the Club Executive, in writing, two (2) months prior to the AGM.
  • A Life Member shall have all the privileges of a Member and shall, at the discretion of each Life Member, pay the annual subscription fee and other charges, levies or calls payable by a Member.

  1. SUBSCRIPTION FEES

  • The Joining Fee and Annual Subscription Fee shall be as defined by the Executive   Committee and approved at the Annual General Meeting.
  • Annual Renewal Subscription Fees for Members are to be paid by 30th June for the following financial year’s membership.
  • A Joining Fee and Annual Subscription is payable by all new Members.
  • If the Subscription fee is unpaid by the last day in July, membership shall be deemed lapsed, whereby the member will forfeit all rights and privileges and has no claim on the Club or it’s property, and is bound to return Club property. An application to rejoin the Club must be accompanied by an Annual Subscription Fee, and must be paid by the last day of July each year to remain financial. A Joining Fee and Subscription Fee are to be paid in order to become a full financial Member once again with full voting rights.
  • ALL Members must complete a Membership Renewal form each year, including Life Members.

  1. CLUB MANAGEMENT

The Management of the Club shall be vested in a Committee which shall consist of the “President, Vice President, Secretary, Treasurer, The President for the time being or in his / her absence, the Vice President, shall be the Chairperson of all Meetings.

  1.  COMMITTEE

  • The management of the Club shall be vested in a Committee comprising President, Vice President, Secretary and Treasurer.
  • The Executive Officers of the Club shall comprise the President, Vice President, Secretary and Treasurer.
  • At the conclusion of their terms in office (12 months) all Committee Members shall be eligible for re-election at the Annual General Meeting.  These Officers of the Club may hold office (subject to the election process of the Club) for a maximum period of three (3) years consecutively in any one position.
  • If the Executive Committee considers it beneficial to the Club’s operation, due to extenuating circumstances, to extend the term of one or more Committee Members by a further maximum period of 12 months or less then the proposal, with explanations, is to be submitted for consideration at the Annual General Meeting.
  • Any office becoming vacant during the financial year may be filled by a person nominated by the Committee for the period up to the next Annual General Meeting.
  • The Executive Committee shall have the power to make and publish any By-Laws for the better management and control of the Club which shall not be inconsistent with this Constitution; and shall have the power to invite any other persons to the Executive meetings who may be of assistance to them in a professional and technical or skilled manner for his or her advice and or guidance thereon, provided that such a person shall not be entitled to vote upon the Committee.
  • Any Committee Member or Member of the Executive Committee failing to attend three (3) consecutive Committee Meetings without apology or just cause shall therefore, render him / herself liable to exclusion from that Office or Committee.             
  • The Executive Committee shall be the final authority for interpretation of this Constitution, By–Laws and Rules and for decision on any matter arising.                 
  • Any such By-Laws and Rules shall be deemed equal to the Constitution in binding.

  1. EXPULSION OF MEMBERS

The Executive Committee reserves the right for expulsion of Members for any act or conduct that brings the Club into disrepute or whose actions endanger other Club Members or members of the general public.          

  1. FINANCIAL YEAR

The Financial Year for the Club shall be from the 1st of July to the 30th of June of the following year.

  1. CLUB FUNDS

  • The Funds of the Club shall be banked in the name of the Club and the Bank Account shall be operated by any two of the Club Executive or as directed by the Executive Committee and approved by an Annual General Meeting.
  • All accounts for payment shall be presented to at least two of the Executive Committee for examination prior to passing for payment.  Furthermore no Committee Member or Member shall incur any expense or dispense of any funds or render the Club liable for any obligation which has not first been authorised by the Committee of the Club.
  • Audits of the Club Accounts are to be undertaken on a regular basis of at least once every twelve (12) months.  The outcome of this Audit is to be presented to the Executive Committee in the first instance and then tabled at a General meeting.  If completed in time the meeting should be the Annual General Meeting.

  1. ANNUAL GENERAL MEETING

  • The Annual General Meeting shall be held during July in each year, at such time and place as the Committee may determine, for the purpose of electing Executive Officers, Committee Members and Auditors for the ensuing year, for determining the Joining Fee and Annual Subscription fee, and for transacting such other business as shall have been specified in the notice convening such meeting. 
  • At every Annual General Meeting of the Club, the President’s Report and the Treasurer’s Report / Audited Balance Sheet and Financial Statements for the immediately preceding year shall be submitted for adoption.
  • Only Financial and Life Members of the Club are eligible to vote.                             
  • The President or Vice President shall take the Chair at all General meetings, and in their absence, the members present may elect their own Chairperson.  The Chairperson at any meeting, in addition to his / her vote as a member, shall have a casting vote.

  1. QUORUM

At Annual General Meetings or Ordinary Meetings, a quorum shall be nine members present, and at an Executive Committee Meeting, three members.

If a quorum is not present within 30 minutes of the nominated time, the Members present may adjourn the meeting to such time and day within one month, as they may decide.

  1. NOTICE OF MEETING

The Secretary shall give at least (30) days notice in writing of any Annual General Meetings or Special General Meeting to all voting Members.

  1. AMENDMENTS TO BY–LAWS AND RULES

By-Laws and Rules may be altered at the Annual General Meeting or Special General Meetings subject to a notice having been sent outlining the proposed change(s) which have been received by the Secretary not less than 30 days prior to the meeting, to enable a copy of the proposed alteration to be included in the notice to members.  The proposed alterations must be approved by 75% of those present and entitled to vote.

Any matters not provided for in these By-Laws and Rules, under the discretion of the Committee, shall be referred to the Annual General Meeting or Special General Meeting convened for such purposes.

  1. NON-PROFIT CLAUSE

The assets and income of the Club shall be applied solely in furtherance of its above mentioned objects and no portion shall be distributed directly or indirectly to the members of the Club except as bona fide compensation for services rendered or expenses incurred on behalf of the Club.

  1. DISSOLUTION OF THE CLUB

The Club shall be dissolved in the event of the membership being less than nine (9) persons or upon the vote of a 75 % percent majority of the Members present who are able to vote at a Special General Meeting convened to consider such a question.  If upon the winding up or dissolution of the Association there remains after satisfaction of all it's debts and liabilities any property whatsoever, the same must be given or transferred to another association incorporated under the Act which has similar objects and which is not carried out for the purposes of profit or gain to it's individual members, and which association shall be determined by resolution of the members.

  1. MATTERS NOT PROVIDED FOR

Any matters not provided for in these By-Laws and Rules, under the discretion of the Executive Committee, shall be referred to the Annual General Meeting or Special Meeting convened for such purpose

Responsibilities of Office Bearers

All office bearers of the Mustang Owners Club of WA Inc. must abide by the requirements of the Club’s Constitution, By Laws and Rules at all times during the performance of their duties.

Executive Committee

President

The President is responsible to the Club and its Members for the overall efficiency in the running and financial administration of the Club through adhering to the requirements of the Club’s Constitution, By Laws and Rules as documented. The President is to:

  • Oversee, monitor and assist in the activities of the Executive Committee, Sub Committees and Ex Officio Members in the performance of their responsibilities. Chair and preside over all Meetings.
  • Represent the Club in public forum as and when required. Ensure that Club magazines, newsletters and notices are of a high standard and reflect the professional ideals and objectives that the Club strives to maintain.

Vice President

The Vice President is to assist the President in the efficient running and administration of the Club activities. The Vice President is to:

  • Deputise for the President and chair and preside over meetings in his/her absence. Assist the President and Committee Members/Office Bearers in overseeing Club activities and functions.

Secretary

The Secretary is responsible for the overall administration of events relating to the generation, issue and receipt of correspondence and documentation. The Secretary is to:

  • Attend and record the minutes of all Club meetings.
  • Provide copies of those minutes to the Club Magazine Editor for publication and circulation to all Club members.
  • Organise and advertise times and venues for Club and Executive meetings as required.
  • Receive, document, file and reply to correspondence as directed following action resulting from Club meetings.
  • Prepare and distribute appropriate AGM documentation in a timely manner.
  • Register and record all members’ details from new or renewal applications and provide the mailing details to the Magazine Editor.
  • Registry details are confidential and are not to be released for commercial or general interest reasons.

Treasurer

The Treasurer is responsible for the day to day financial administration of the Club accounts and funds received and spent at Club events. The Treasurer is to:

  • Maintain financial accounting records (computer based) in accordance with accepted accounting/bookkeeping practices to meet annual audit requirements.
  • Collect and receipt all funds, in a timely manner, from subscriptions and Club events and in conjunction with the Club Secretary ensure that Membership cards are renewed.
  • Ensure that all required receipts are issued as appropriate and pay accounts on time after seeking authorisation signatories from delegated committee members using authorised cheque payment vouchers.
  • Be involved in all activities that generate or consume funds so that the appropriate financial records are maintained.
  • Co-ordinate Executive approval for expenditure of funds preceding the running of an event.
  • Reconcile accounts monthly with bank statements and produce and present Profit & Loss and Balance Sheet statements at monthly meetings for members’ perusal. Arrange end of year financial audit and present the audit report at the AGM or as soon as possible thereafter.

Magazine Editor/Production Team

The Magazine Editor and the Production Team are responsible for providing a professional and informative publication within agreed cost constraints covering past, present, future and general motoring related issues to all Club members and approved associated motoring agencies at agreed intervals. The Editor and Team are to:

  • Produce the publication based on content, format and distribution numbers and intervals as agreed by the Executive Committee.
  • Liaise with the Secretary for copies of the minutes of meetings (for inclusion in Club Members’ distribution) and with the Executive and Members from time to time for appropriate news items for inclusion.
  • Seek advertisers and sponsors for appropriate items for inclusion in the magazine.
  •  Seek agreement of the Executive on advertising rates.

Members Promotion Co-ordinator

The Members Promotion Co-ordinator is responsible for actively promoting the Club’s identity and objectives to enhance the membership base through retaining current members and establishing new memberships by appropriate advertising within the media. The Members Promotion Co-ordinator is to:

  • Develop and implement suitable advertising techniques in a format and cost structure agreed to by the Executive.
  •  Develop a process of welcoming new members by providing a documentation package containing current relative Club literature including a welcomes letter from the President.
  • Co-ordinate identification and notification of Members’ significant events from the Members’ Register to be acknowledged personally/generally as appropriate in a most suitable manner.

National Delegates

National Delegates (elected for two years at the AGM) are responsible for representing the Club at the National Delegates Annual General Meeting of the Mustang Owners Club of Australia Inc. held annually (Easter in Concours home state) and mid year in October (in Victoria or nominated state) each year. The National Delegates (usually two members) are to:

  • Promote the views of the Club as they pertain to issues under discussion at National Delegates’ Meetings. Provide the Club with a written report on the National Delegates AGM and any other issues that are deemed appropriate for inclusion in the Club minutes/magazine for discussion at monthly meetings.

Council of Motoring Clubs Representative

Council of Motoring Clubs Representatives is responsible for keeping the Club informed on developments and issues applicable as discussed at the Council’s monthly meetings. The Representative is to:

  • Attend all monthly meetings and provide a written report to the Club on items discussed and actions taken so that they may be included in the Club minutes/magazine for discussion at monthly meetings.

Concessional Licencing Delegates/Vehicle Registrar

Concessional Licencing Delegates/Vehicle Registrar are responsible for ensuring, through inspection (annually), that Club concessional licenced vehicles meet prescribed standards of road worthiness and build configuration to enable licencing by State transport authorities. Delegates are to:

  • Be suitably qualified members having qualifications and/or mechanical knowledge to ensure road worthy requirements are met and levels of safety in Club vehicles is maintained.
  • Attend concessional licencing inspection venue as and when required. Be responsible for maintaining a register of all Club vehicles showing full details of the vehicle and owner including type of licencing for renewal purposes.

Property Officer

The Property Officer is responsible for the accountability of Club property assets. The Property Officer is to:

  • Maintain a listing of all assets showing holdings and value and in conjunction with the Club Treasurer determine depreciation/valuation and write off proposals in time for yearly financial audits.
  • Maintain the Club trailer in a road worthy condition and ensure it is licenced and insured at all times and is suitably secured.
  • Expenses in relation to property purchases are to be authorised by the Treasurer with endorsement from the Executive Committee.

Publicity Officer

The Publicity Officer is responsible for ensuring that the Western Australian public, as appropriate, is informed of Club events and activities that may directly or indirectly relate to them. This responsibility may include the booking of venues and associated restrictions and notification of events to State authorities.

Public Officer

The Public Officer is responsible for ensuring that enquiries from any source concerning Club Registration/Consumer Protection/Legal matters are resolved in a timely manner. The public Officer is to:

  • Possess a thorough knowledge of the Club’s Constitution, By Laws and Rules.

Club Photographer

The Club Photographer is responsible for producing filmed evidence of Club events and activities for publication in the Club magazine and other printed media as required. The Photographer is to:

  • Be able to attend most meetings, events, activities and functions. Possess his/her own photographic equipment.
  • Obtain authorisation of expenses from the Executive prior to incurring same and seek reimbursement after the event as appropriate.
  • Make photographs available to the Magazine Editor for use or publication as required.

Social Committee

A committee comprising a number of voluntary current financial members who shall:

  • Work closely with the Executive Committee on all matters relating to planned social activities and co-opt the assistance of other Club Members as and when required.
  • Prepare lists of events/activities in which the Club and Members can participate taking into consideration the appeal of the broader base of Club Members.
  • Ensure lists and updates are distributed to Club Members with the Club Magazine as and when required.
  • Ensure approval of expenses associated with events/activities is obtained from the Executive Committee prior to committing Club funds to any event. The Club Treasurer is to be approached in the first instance and he/she shall co-ordinate a Committee response.
  • Submit proposals for Club financial subsidisation of events to the Committee (through the Treasurer) for consideration, discussion and approval in a timely manner.
  • Have a delegated financial responsibility to spend up to $100.00 in purchasing items for either Club Raffles for any one event or for incidentals associated with any one other social event. Reimbursement of expenses and ratification of these expenses is to be sought from the Committee.
  • Ensure reconciliation of all income/expenses associated with all social events/activities prior to delivering the net proceeds to the Committee Treasurer.

Club Merchandise Coordinator

The Club Merchandise Coordinator is responsible for the purchasing and inventory control of Club merchandise including stationery requirements and in arranging the printing there of. The Merchandising Coordinator is to liaise closely with the Club Property Officer in areas of common interest.

Club Sheriff

The Club Sheriff is responsible for imposing fines or other penalties on Members for infringements or misdemeanours considered worthy of such action on any event or activity.

Prepared & Accepted by the Executive Committee

Mustang Owners Club of WA (Inc.)

23 May 2005