By-Laws of The Western Australian Science Fiction Foundation Incorporated
PART 1 - REGULATIONS MADE IN ACCORDANCE WITH SECTION 13.1
1 ADDITIONAL OBJECTIVES (By-Laws made in accordance with section 2.2)
1.1 There are no additional objectives at this time.
2 ADDITIONAL TYPES OF MEMBERSHIP (By-Laws made in accordance with section 5.5)
2.1 Guest members shall be persons who have been invited to and actually attend the WA Science Fiction Convention for that year.
2.2 The WA Science Fiction Convention for that year shall pay for the Guest member's full membership for the WA Science Fiction Convention for that year, thereby giving them all of the entitlements to ordinary membership.
3 SPECIFIFIED METHOD OF OPTIONAL PREFERENCIAL VOTING (By-Laws made in accordance with section 6.5)
3.1 The voter indicates preferences for candidates by using the numbers 1, 2, 3 etc.
3.2 A quota is determined as follows: Quota = (Total number of formal votes ¸ (Number to be elected + 1)) + 1 (disregarding any remainder).
3.3 Candidates receiving a number of first preference votes greater than or equal to a quota are declared elected. Any votes of these elected candidates, which are surplus to the quota, are transferred to the remaining candidates at a transfer value. If no candidate receives a number of first preference votes greater than or equal to a quota then the candidate with the fewest votes is excluded from the count in accordance with paragraph 3.9 below.
3.4 The transfer value determined for the distribution of the surplus votes of a candidate elected from first preference votes is calculated as follows: Transfer Value = Number of elected candidate's surplus votes (i.e. those in excess of quota) ¸ Number of first preference votes received (i.e. the number of ballot papers)
3.5 The ballot papers of each elected candidate are re-examined (commencing with the candidate with the largest surplus) and the total number of second or next available preferences for each non-elected candidate is multiplied by that elected candidate's transfer value. The resultant numbers are in each case the number of votes, which are credited to the relevant non-elected candidate.
3.6 Whenever, as a result of the distribution of an elected candidate's surplus votes, a candidate obtains a total equal to or greater than the quota, that candidate is the next elected.
3.7 The transfer value determined for the distribution of surplus votes of a candidate elected following a transfer is calculated as follows: Transfer Value = Last Transfer Value x Value of candidate's surplus votes ¸ Total value of candidate's votes.
3.8 All of those ballot papers are re-examined. The votes of the elected candidate are transferred to the remaining candidates at the new transfer value according to the next preference on the ballot paper.
3.9 Where, after the distribution of all elected candidates' surplus votes has been completed, no other candidate has obtained a number of votes equal to or greater than the quota, the candidate with the fewest votes is excluded from the count. All of the ballot papers held by an excluded candidate are then distributed to the candidates remaining in the count (i.e. all non-elected candidates who have not been excluded) according to the next available preference expressed on those ballot papers. These ballot papers are transferred at the transfer value they had at the time of transfer from the excluded candidate.
3.10 Similar exclusions are carried out until a candidate eventually obtains a number of votes equal to or greater than the quota, and is, as a consequence, elected.
3.11 The surplus votes of any candidate elected as a result of the transfer of votes from an excluded candidate are dealt with in accordance with paragraphs 3.7 and 3.8 above.
3.12 The process of distributing surpluses and excluding candidates continues as necessary, until either the number of candidates to be elected is elected or all candidates except the number to be elected have been excluded. In the latter case, non-excluded candidates not already elected are declared elected. 3.13 Where, at any stage in the count, a ballot paper contains no preference for any one candidate remaining in the count, then that ballot paper is deemed exhausted and is set aside as being finally dealt with.
4 THE WESTERN AUSTRALIAN SCIENCE FICTION CONVENTION (By-Laws made in accordance with section 9.1)
4.1 There shall be an annual Western Australian Science Fiction Convention (commonly referred to as SwanCon), organized by a convention committee selected from amongst bids submitted to the AGM held during the endorsed Australian Science Fiction Convention, two calendar years before the convention to be selected.
4.2 The AGM need not appoint a winning bid.
4.3 The WASFF Board shall provide support to the winning bid committee.
4.4 The committee will have responsibility for the organization of the WA Science Fiction Convention under the supervision of the WASFF board.
4.5 The committee shall provide regular reports to the WASFF board to their satisfaction.
4.6 WASFF's role is to provide guidance to the winning committee.
4.7 The WASFF board may intervene and override any decision of the committee, or require the committee to first obtain the approval of the board before any course of action is taken, if and only if it has a compelling case that the actions or decisions on the sub-committee are likely to be to the detriment of WASFF.
4.8 Subject to the constitution and these By-Laws, the WASFF board shall provide as much seed money to the committee as it sees fit.
4.9 Any surplus made by the Annual Science Fiction Convention is returned to the control of the WASFF board.
4.10 The motion to create a WA Regional SF Convention committee shall be put is as follows:
4.9.1 A Western Australian Regional Convention shall be held in the year ...
4.9.2 The name of Convention shall be ...
4.9.3 The Convention shall be held between the dates of ...
4.9.4 The Convention organizing committee shall be a sub-committee of WASFF and shall comprise:
18.104.22.168 And further committee members shall be: ...
4.9.5 The desired venue shall be ...
4.9.6 The desired invited guests shall be...
4.10 The committee shall be bound to the Constitution and By-Laws of the WASFF;
4.11 The committee shall make every endeavor to return the seed funds provided to it by WASFF;
4.12 The committee shall endeavour to return an additional 10% of the amount of seed money provided to fund the convention;
4.13 The committee shall provide the Treasurer of WASFF with quarterly reports; 4.14 The committee shall Provide a suitable time and location to hold the WASFF Annual General Meeting during the convention;
4.15 Finalised accounts and reports shall be presented to the WASFF treasurer no more than three months after the convention is held.
4.16 The committee shall have the right to fundraise during the period the convention is current and have the right to give or withhold permission for fundraising to the successive conventions during that period.
5 FINANCES (By-Laws made in accordance with section 10.2)
5.1 With the approval of the board, board Members may be paid out of the income of the funds of WASFF all travelling and other expenses incurred by them in connection with the business of WASFF.
5.2 True accounts shall be kept of all sums of money received and expended by WASFF and the matter in respect of which the receipt or expenditure takes place and of the property, credits and liabilities of WASFF.
5.3 The Board shall from time to time cause to be prepared and at least once in every year to be laid before the Annual General Meeting of members of WASFF, a Balance Sheet and Income and Expenditure account for the year made up to a date not earlier than the date of the meeting by more than six calendar months. Such Balance Sheet and Accounts shall also show the investments representing the funds of WASFF at the beginning and again at the end of the period of the accounts and the expenditure of WASFF during such period and shall (inter alia) contain separate details indicating how the expenditure of WASFF was applied.
5.4 Except with the authority of the Board, no payment of a sum exceeding one hundred (100) dollars shall be made from the funds of WASFF otherwise than by cheque on WASFF's bank account, but the Board may provide the Treasurer with a sum to meet urgent expenditure, subject to the observance of such conditions in relation to the use and expenditure thereof as the Board may impose.
5.5 No cheque for greater than one hundred dollars shall be drawn on any of WASFF's bank accounts except for the payment of expenditure that has been authorised by the Board.
5.6 WASFF cheque accounts must have at least two members of the board as signatories. All cheques shall be signed by two of the signatories.
5.7 The seed money provided to fund each annual convention shall not exceed 50% of the liquid assets not allocated to any other project less liabilities at the time of provision of the seed money or an amount determined by the board from time to time.
5.8 The board may grant other money to other projects, such other grants shall not exceed 25% of the liquid assets not allocated to any other project less liabilities at the time of provision of the seed money or an amount determined by the board from time to time.
5.9 A convention organising committee shall not enter into any one contractual obligation that involves a financial obligation of more than 40% of WASFF's total liquid assets not allocated to any other project less liabilities at the time of the making of the obligation, or an amount determined by the board from time to time, with out first obtaining approval of the board.
6 AWARDING OF THE TIN DUCKS
6.1 Awards called the Tin Duck Awards may be presented by each WA Science Fiction Convention.
6.2 Further By-Laws may be provided for these awards.
7 MARGE HUGHES AWARD
7.1 The Marge Hughes (formerly the Mumfan award) will be made by WASFF at the WA Regional Science Fiction Convention.
7.2 The basis of the award is that: "The recipient of the Marge Hughes award should have given sustained support to fandom over a significant period of time without having received previous recognition for their contributions in this area".
7.3 The Board of WASFF shall pay due attention nominations for the award.
7.4 The Board shall not be bound to make an award in the absence of appropriate nomination or nominations.
8 EXPULSION FROM WASFF
8.1 A member may be expelled from WASFF by resolution by passed by a majority of 5 board members where it appears that the member's conduct has been detrimental to the objectives of WASFF.
8.2 Detrimental conduct shall include but not be limited to conduct which has:
8.3 Exposed WASFF to civil or criminal liability;
8.4 WASFF to public ridicule or contempt or otherwise prejudiced the conduct of its activities or the satisfaction of its objectives;
8.5 Been fraudulent in his dealings with the property of WASFF.
8.6 Evidence of the conduct of the member, which is alleged to have been detrimental to the objectives of WASFF, may be placed before the meeting.
8.7 The member shall be heard in his or her own defense and may present evidence and call persons to testify (whether members of WASFF or otherwise) on his or her behalf.
PART 2 - ORDINARY BY-LAWS (By-Laws made in accordance with section 13.3)
1 DUTIES OF MEMBERS OF THE BOARD (By-Laws made in accordance with sections 6.8)
1.1 Members of the Board shall endeavour to attend and participate in all meetings of the Board.
1.2 Members of the Board shall be familiar with the Act under which WASFF is incorporated and shall at all times act to ensure the Act is complied with.
1.3 The Chairman shall be the official spokesperson of WASFF.
1.4 The Chairman shall chair the AGM and board meetings wherever possible.
1.5 In the absence of the Chairman, the Immediate Past Chairman shall act as the Chairman.
1.6 The Chairman shall perform such other duties as may be determined by the Board.
1.7 The Administrator shall deal with all correspondence received by WASFF.
1.8 The Administrator shall keep minutes of all general meetings of WASFF and any meetings of the Board.
1.9 The Administrator shall give the required notice for all general meetings to members.
1.10 The Administrator shall on behalf of WASFF keep and maintain the register of members.
1.11 The Administrator shall perform such other duties as may be determined by the Board.
1.12 The Treasurer shall be responsible for the receipt of all money and property of WASFF and shall keep records of the finances and property of WASFF.
1.13 The Treasurer shall be the Public Officer of WASFF and as such shall ensure, as far as possible, that WASFF complies with the provisions of any laws and perform those duties required of a Public Officer by law.
1.14 The Treasurer shall be a resident of the State of Western Australia.
1.15 The Treasurer shall perform such other duties as may be determined by the Board.
1.16 A member of the board who has any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the board shall, as soon as he or she becomes aware of his interest, disclose the nature and extent of his interest to the board and the member of the board shall not take part in any deliberations or decision of the board with respect to that contract. Such a disclosure to the board shall be recorded in the minutes.
2 COMMITTEES OF THE BOARD (By-Laws made in accordance with section 7.9)
2.1 The committee may have as many members as the Board feel is appropriate for the task.
2.2 The committee shall be ad-hoc, and determine its operating procedure at its first meeting under the direction of the Board.
2.3 The committee may co-opt as members of the committee such persons as it thinks fit, whether or not such persons are members of WASFF.
2.4 The committee shall consult together as frequently as is necessary to carry out those functions, in such a manner, whether by meeting or otherwise, as the convenor or members in consultation may determine or the Board may direct.
2.5 The Board may delegate to a committee any powers (except the power of delegation or exclusive powers of the Chairman) conferred on it (whether expressly or by implication) by these rules or by the members voting in general meeting, but the exercise of such powers or the carrying out of such duties shall be subject to confirmation by the Board.
3. BUSINESS OF THE ANNUAL GENERAL MEETING
3.1 The agenda of the annual general meeting shall include:
3.1.1 To confirm the minutes of the preceding annual general meeting.
3.1.2 To receive from the Treasurer, for the previous financial year, the statement of financial affairs and any report from the auditor.
3.1.3 To receive from any member of the committee, for the previous financial year, any reports as to affairs of WASFF for the previous year.
3.1.4 The appointment of an Auditor.
3.1.5 Election of Members of the Board of WASFF
3.1.6 Election of the Organizing Committee of the Western Australian Science Fiction Convention.
3.1.7 Motions on notice.
3.1.8 General Business.
3.2 Proxy votes shall not be accepted.
3.3 The accidental or unavoidable omission to give notice of a meeting to any Member shall not invalidate any resolution passed or any of the proceedings at any meeting.
3.4 A notice may be served by WASFF upon any member either personally or by sending it through the post in a prepaid letter envelope card or wrapper addressed to such Member at the address of the member appearing in the Register of Members. Any notice served by post shall be deemed to have been served on the third day immediately following that on which the letter envelope or card or wrapper containing the same was put into the post prepaid.
3.5 A returning officer may be appointed to conduct ballots arising during the meeting and any subsequent ballots until the next AGM. In the absence of an appointment of a returning officer the Chairman shall act as the returning officer.
4.1 All annual fees for membership of the Organisation shall be due and payable prior to the annual general meeting.
4.2 Membership lasts until the beginning of the next AGM in the year following payment of the membership fee. A member becomes non financial if the fee is not paid by the deadline. Non financial members are deemed to have resigned.
5 STANDING ORDERS
5.1 All meetings of WASFF shall be subject to these standing orders.
5.2 The Chairman of the meeting shall interpret and apply the standing orders.
5.3 Subject to the presence of a quorum, meetings shall commence at the time set out in the notice of meeting, and shall continue until all business on the agenda is disposed of or until the time for the closing of the meeting set out in the notice, whichever is sooner, unless the meeting otherwise decides or the attention of the Chairman is drawn to the lack of a quorum.
5.4 Business shall proceed in the order shown on the agenda and any business unfinished at the close of the meeting shall lapse, but shall be included in the agenda for a subsequent meeting if fresh notice of meeting is given.
5.5 Any member desiring to speak shall indicate his/her intention to the Chairman by raising his/her hand or by such other method as the Chairman may direct, and shall speak only when called upon to do so by the Chairman, who shall maintain a list of members desiring to speak and shall call upon them in order of his indicating his intention.
5.6 No member shall speak for longer than three minutes, except that the mover of a motion (but not an amendment) may speak for five minutes when moving the motion.
5.7 When the Chairman rises to speak, any member speaking shall cease, but may resume if called upon by the Chairman to do so.
5.8 Except to raise a point of order, members shall speak only to a motion or an amendment that is before the Chairman.
5.9 No member, other than the mover of a motion or an amendment, shall speak to it unless it has been seconded.
5.10 A motion or an amendment that is not seconded shall lapse and shall be recorded in the minutes as having lapsed for want of a seconder.
5.11 If required to do so by the Chairman, the mover of a motion or an amendment shall submit it in writing.
5.12 A motion or an amendment may be withdrawn by its mover only with the agreement of its seconder and with the leave of the meeting, but a motion shall not be withdrawn while any amendment is under discussion or after any amendment has been passed by the meeting.
5.13 With the agreement of its seconder and with the leave of the meeting, the mover of a motion may change its wording or may accept amendments to it in which case the amendment will be incorporated in the motion.
5.14 No member shall speak more than once to any question, except that the mover of a motion (but not an amendment) has a right of reply, which reply shall close the debate unless further amendments have been foreshadowed. For the purpose of this Standing Order, an amendment constitutes a separate question from the original motion and from any other amendment.
5.15 A member moving a motion or an amendment shall speak to it at the time of moving it, but a member seconding a motion or an amendment may reserve his right to speak but such reserved right shall lapse if, in relation to that motion or amendment, the procedural motion that the question be now put is carried.
5.16 When an amendment is before the Chairman, discussion shall be confined to that amendment and no further amendments shall be moved until the amendment before the Chairman has been disposed of, although further amendment may be foreshadowed.
5.17 The Chairman shall, after a motion or amendment has been seconded, call for a speaker against the motion or amendment or for any proposed amendments, and if there is none shall put the motion or amendment to the vote without further delay, and in such cases, the mover shall not exercise his or her right or reply.
5.18 If two consecutive speakers have both argued for or against a motion or an amendment and if there is no member wishing to argue the opposite view or to move an amendment, the motion or amendment shall be put to the vote without further delay, subject only, in the case of a motion, to the mover's right of reply.
5.19 Nothing in these Standing Orders shall prevent the mover or seconder of a motion or amendment from voting against it.
5.20 A member may at any time raise a point of order, which shall take precedence over all other business and which shall be open to discussion, provided that the Chairman may disallow a point of order not raised at the time the alleged irregularity occurred. An explanation or a contradiction does not constitute a point of order.
5.21 Any member disagreeing with the Chairman's ruling on a point of order may move dissent, and the motion shall be put to debate immediately, the Chairman having stood aside while some other officer presides during the debate, the dissenting member speaking first, followed by the stood-aside Chairman and the vote on the motion of dissent being put immediately following.
5.22 A member who has not participated in the debate on the question before the Chairman may at any time, whether another speaker has the floor or not, move that the question be put, which motion, if seconded, shall be put to the vote immediately, and, if carried, shall terminate the debate subject only to the mover's right of reply, but debate shall be terminated only in respect of a motion or amendment before the Chairman.
5.23 During the discussion of a motion (but not of an amendment) a member who has not already participated in the debate may move that the question be not now put, which if seconded, shall be open to debate. If the motion is carried, the meeting shall proceed to the next item of business without further discussion; if lost, the original motion shall be put to the vote after amendments (including those foreshadowed) have been disposed of and the mover has exercised his right of reply.
5.24 At any time a member may move that the meeting be now adjourned but debate on this motion shall take place only after the motion (if any) before the Chairman has been disposed of.
5.25 A meeting may resolve to suspend any or all of the Standing Orders. A motion to suspend Standing Orders shall be open to debate and the suspension shall cease no later than the close of the meeting.
5.26 With the exception of the motion that the question be not now put, no motion that is in the negative shall be accepted by the Chairman.
5.27 The Chairman shall not accept amendments that do not relate to the intent of the original motion or that are a negative of the original motion.
5.28 Where a question is put to the vote the ruling of the Chairman that the question was carried, was carried by the requisite majority, or was lost shall be final.
5.29 No decision made by a validly constituted meeting shall be void due to a departure from these Standing Orders, which was not raised until after the decision had been made. 5.30 The meeting may resolve to move into or out of a “committee of the whole”, where strict adherence to the standing orders is not required. The Chairman, subject to a resolution of the meeting on the issue, may declare that the meeting has moved into or out of a committee of the whole, as required, to facilitate the smooth transition of business at the meeting.
6 FURTHER BY-LAWS FOR THE AWARDING OF THE TIN DUCKS
6.1 There shall be a subcommittee of the WA Regional Science Fiction Convention each year, known as the Tin Duck Awards Committee, which shall be responsible for the presentation of the Tin Duck Awards.
6.2 The categories of the Tin Ducks shall be discretionary upon the Tin Duck Awards Committee. (It is noted that awards have previously been given for the following categories: Best WA Professional Writer; Best WA Non-professional Writer; Best WA production in any medium; Best WA non-professional production in any medium; Best WA Visual Artwork; and The Tin Duck Awards Committee Chair's award).
6.3 The Tin Duck Awards committee shall pay due attention to both nominations and category suggestions.
6.4 A "No Award" option shall be available in each category.
6.5 Postal ballots shall be allowed until a closing date at the discretion of the Tin Duck Awards committee which shall be no earlier than one week prior to the commencement of the convention, and no later than the close of voting at the convention.”
6.6 Proxy voting shall not be allowed.
6.7 Completed ballots to be included in the voting may be delivered in person to the convention up to the closing time indicated by the Tin Duck Awards committee, which shall be at least 24 hours after the commencement of the convention.
6.8 An individual may only vote once in each category and the ballot must be signed.
6.9 The system used to determine the category winner shall be at the discretion of the Tin Duck Awards committee.
6.10 The period of eligibility shall be the calendar year prior to the convention.
6.11 No previously balloted work shall be eligible again in the same category.
6.12 The ballot must form part of the final pre-convention Progress Report or newsletter, but is not limited to such and must be made available on request after publication. Reasonable postage and handling may be charged to the requester.
PART3 - BY-LAWS MADE BY THE BOARD (By-Laws made in accordance with section 13.4)
1. Further to regulation 5.6, accounts, other that sub-committee accounts, shall have the Treasurer, Chairman and Administrator as signatories. If a change of signatory is required, it should be done as soon as practicable, but not later than 3 months. In the intervening time, if the retiring signatory is a member of the board they may sign a cheque if written authority to do so is provided by the incoming signatory. In the event that the retiring signatory is no longer a member of the board then that signatory may not act as a signatory, unless authorised to do so by the board.
2. Further to regulation 5.6, sub-committee accounts may have 2 or more signatories from the sub-committee as signatories as nominated by the sub-committee and approved by the Board. The at least two board signatories shall include the Treasurer and the Chairman.
3. Further to regulation 5.7, the amount determined by the board is $4000. It is intended that this amount be updated each year, using regulation 5.7 as a guide.
4. Further to regulation 5.8, the amount determined by the board is $2000. It is intended that this amount be updated each year, using regulation 5.8 as a guide.
5. Further to regulation 5.9, the amount determined by the board is $3000. It is intended that this amount be updated each year, using regulation 5.9 as a guide.
6. The board may give advance approval of expenditures under regulation 5.5 in the form of budget approval, where the budget specifies with sufficient detail the item for which expenditure is proposed.
7. The board shall consider approval of a contract under regulation 5.9, other that a simple contract of purchase approved in a budget, as separate consideration to any budgetary considerations. This is primarily to consider the full terms of the contract over and above any monetary amounts.
PART4 - LIFE MEMBERS (Listing of Life Members of WASFF in accordance with section 5.3)