Version No. 021
Scout Association Act 1932
No. 4092 of 1932
Version incorporating amendments as at 7 September 2007
TABLE OF PROVISIONS
Section Page
1 Short title 2
2 Definitions 2
3 Incorporation of The Boy Scouts Association, Victorian Branch 4
4 Validation of acts of Corporation and Branch 5
4A Change of name of Corporation and Branch 6
4B Corporation and Branch to be subject to direction by National
Council etc. 7
5 General powers of the corporation 8
6 Transfer etc. of properties to the corporation 9
7 Powers of corporation and Branch Executive Committee 14
8 Receipt and application of gifts etc. by the corporation 14
9 Custody and use of the seal 16
10 Notice to and service on the corporation 16
11 Protection of names, uniforms, badges etc. used by the
corporation and members of its organizations 16
12 Winding-up of Corporation 19
SCHEDULE—Constitution of the Scout Association of Australia
Victorian Branch 22
═══════════════
ENDNOTES 40
General Information 40
Table of Amendments 41
Explanatory Details 42
i
Version No. 021
Scout Association Act 1932
No. 4092 of 1932
Version incorporating amendments as at 7 September 2007
An Act to incorporate the Governing Body of The Boy Scouts
Association (Incorporated by Royal Charter) Victorian Branch
(Australia), and to confer and impose upon that Body certain
Powers Duties Rights and Liabilities and to provide for the
vesting in it of the Property of the said Association in Victoria
and for other purposes.
Preamble
WHEREAS the Boy Scouts Association (in this
Act referred to as "the Association") was duly
incorporated in the United Kingdom of Great
Britain and Ireland by Royal Charter dated the
fourth day of January One thousand nine hundred
and twelve:
AND WHEREAS the Association has power under
the said Charter to form Local Branches and
Committees in all parts of His Majesty's
Dominions and to apply for and exercise any
powers obtained under any Supplementary Charter
or Act of Parliament, Imperial or Colonial and
whether Federal or Provincial, which may be
deemed expedient for any of the purposes of the
Association:
AND WHEREAS for providing and maintaining
an efficient organization for promoting the objects
of the Association a Local Branch has been formed
under the power aforesaid for the State of Victoria:
AND WHEREAS by an instrument known as the
"Amended Constitution," containing certain
matters which were passed at a special general
meeting of the Council of Control of the Australian
Boy Scouts Association held at the Town Hall at
1
Scout Association Act 1932
No. 4092 of 1932
s. 1
Melbourne on the twenty-sixth day of May One
thousand nine hundred and twenty-four, it was
provided inter alia that the name of the said
Association should be from the said date "The Boy
Scouts Association (Incorporated by Royal
Charter) Victorian Branch (Australia)" and that the
governing body thereof should be the State
Council which should direct the general policy and
exercise a general supervision and control over the
affairs thereof, and that the State Council should
consist of certain members:
AND WHEREAS it is expedient to provide for the
incorporation of the said governing body and for
conferring and imposing upon that body the
powers duties rights and liabilities hereinafter
provided for and for the vesting in it of the
property of the Association in Victoria and for the
management of such property as hereinafter
enacted and to make further provision as
hereinafter enacted:
BE IT THEREFORE ENACTED by the King's Most Excellent
Majesty by and with the advice and consent of the Legislative
Council and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as follows
(that is to say):
1 Short titleS. 1
amended by
No. 9878
s. 13(2). This Act may be cited as the Scout Association
Act 1932.
2 DefinitionsS. 2
substituted by
No. 9878 s. 3. In this Act, unless inconsistent with the context or
subject-matter—
appointed day means the day fixed by Order made
and published pursuant to section 4B(3);
2
Section 1 - Scout Association Act 1932 - Scout Association Act 1932 | Zoe
Scout Association Act 1932
No. 4092 of 1932
s. 2
Australian Association means the Scout
Association of Australia (formerly known as
"the Australian Boy Scouts Association")
incorporated by Royal Charter dated
23 August 1967;
Branch means the Scout Association of Australia,
Victorian Branch;
Branch Executive Committee means the
Executive Committee established under the
document, a copy of which is set out in the
Schedule, as from time to time amended;
British Association means the Scout Association
(formerly known as "the Boy Scouts
Association") incorporated by Royal Charter
dated 4 January 1912;
Constitution means the Constitution of the
Branch, a copy of which is set out in the
Schedule and includes any amendments from
time to time made to that document;
corporation means the body incorporated by this
Act;
National Council means the National Council of
the Australian Association established under
Royal Charter dated 23 August 1967;
National Executive Committee means the
National Executive Committee of the
Australian Association established under
Royal Charter dated 23 August 1967;
sponsored group means a group registered with
the Corporation as a sponsored group by any
organization approved by the Australian
Association or the Corporation responsible;
3
Scout Association Act 1932
No. 4092 of 1932
s. 3
sponsoring authority means the person or
committee appointed by an organization
which has registered a group as a sponsored
group to exercise the functions of the
organization in respect of the group.
3 Incorporation of The Boy Scouts Association,
Victorian Branch
S. 3
amended by
No. 9878
s. 4(a).
(1) Without further or other authority than this Act,
the members at the commencement of this Act of
the hereinbefore recited State Council of The Boy
Scouts Association (Incorporated by Royal
Charter) Victorian Branch (Australia) shall upon
the commencement of this Act become and the
members for the time being of the said State
Council shall thereafter be and continue a body
corporate by the name of "The Boy Scouts
Association, Victorian Branch" with perpetual
succession and a common seal (with power to
break alter and change the same from time to
time); and shall by that name be capable in law of
suing and being sued and subject to this Act of
purchasing taking holding selling mortgaging
leasing taking on lease exchanging and disposing
of real and personal property and of doing and
suffering all such other acts and things as bodies
corporate may by law do and suffer.
(2) On and from the date of commencement of the
Scout Association Act 1983, a reference in
subsection (1) to "The Boy Scouts Association,
(incorporated by Royal Charter) Victorian
Branch" shall be deemed to be a reference to "The
Scout Association of Australia, Victorian Branch
Council".
S. 3(2)
inserted by
No. 9878
s. 4(b).
(3) The body corporate mentioned in subsection (1)
has under its new name the same capacity as it
had under its former name.
S. 3(3)
inserted by
No. 9878
s. 4(b).
4
Scout Association Act 1932
No. 4092 of 1932
s. 4
4 Validation of acts of Corporation and Branch S. 4
substituted by
No. 9878 s. 5.(1) All acts, matters and things transacted or done by
or on behalf of the Corporation or in relation to
the Branch on or after 15 December 1958, being
acts, matters or things which were done or
transacted in purported pursuance of a direction,
decision or ruling of the Australian Association,
the National Council or the National Executive
Committee or of the Royal Charter dated
23 August 1967 or any by-law or instrument made
thereunder, shall notwithstanding anything to the
contrary in this Act or in the Royal Charter dated
4 January 1912 be deemed to have been validly
and effectually done or transacted and to have
been within the capacity and powers of the Branch
or the Corporation (as the case requires).
(2) The provisions of—
(a) the Royal Charter dated 4 January 1912,
other than the provision empowering the
British Association to form local branches
and committees in the Dominions; and
(b) any by-laws made under the Royal Charter
mentioned in paragraph (a)—
shall, so far as they relate to local branches of the
British Association, cease to apply to the
Corporation and the Branch.
(3) For the purposes of that provision of the Royal
Charter dated 4 January 1912 which empowers the
British Association to form local branches and
committees in the Dominions, the Branch shall be
regarded as a local branch.
5
Scout Association Act 1932
No. 4092 of 1932
s. 4A
4A Change of name of Corporation and BranchS. 4A
inserted by
No. 9878 s. 5. (1) The Branch Executive Committee may change the
name of the Corporation or the name of the
Branch by resolution of the Committee passed at a
meeting of the Committee by a majority of the
members of the Committee.
(2) The Branch Executive Committee shall not
resolve to change the name of the Corporation or
the Branch pursuant to subsection (1) unless the
proposal to change the name of the Corporation or
the Branch has been approved by the National
Council at a general meeting.
(3) Any change of the name of the Corporation or the
Branch shall not affect the identity of the
Corporation or the Branch or any rights or
obligations of the Corporation or the Branch or
any legal proceedings by or against the
Corporation or the Branch, and any legal
proceedings that might have been commenced or
continued by or against the Corporation or the
Branch by its former name may be commenced or
continued by or against the Corporation or the
Branch by its new name.
(4) Where the name of the Corporation or the Branch
is changed pursuant to this section, any reference
in this Act or in any Royal Charter or other
instrument or document or in any legal
proceedings to the Corporation or the Branch by
its former name shall from the date on which the
change takes effect be deemed to be a reference to
the Corporation or the Branch by its new name.
6
Scout Association Act 1932
No. 4092 of 1932
s. 4B
4B Corporation and Branch to be subject to direction
by National Council etc. S. 4B
inserted by
No. 9878 s. 5.
(1) The Corporation and the Branch are subject to—
(a) the provisions of—
(i) the Royal Charter dated 23 August
1967;
(ii) by-laws for the time being in force
under the Royal Charter mentioned in
subparagraph (i); and
(iii) any decision or ruling of the National
Council or the National Executive
made pursuant to the Royal Charter
mentioned in subparagraph (i) or the
by-laws mentioned in
subparagraph (ii)—
which relate to the policy of the scout
movement and the control of scouting or to
the branches of the Australian Association
generally or the Branch or the Corporation in
particular; and
(b) the direction and control of the National
Council and the National Executive
Committee.
(2) Where a provision or direction mentioned in
subsection (1) is inconsistent with a provision of
the Constitution, the provision of the Constitution
shall, to the extent of the inconsistency, be
inoperative.
(3) Subject to subsection (2), the provisions of the
Constitution and the documents mentioned in the
Constitution shall on and from a day to be fixed
by Order of the Governor in Council published in
the Government Gazette have effect in relation to
the Branch, the Corporation and the Executive
Committee.
7
Scout Association Act 1932
No. 4092 of 1932
s. 5
(4) The Corporation shall keep at a place appointed
by it—
(a) a copy of the Royal Charter dated 23 August
1967 and any subsequent Royal Charter
relating to the Scout Association of
Australia;
(b) the documents comprising the Constitution;
and
(c) a copy of each document referred to in the
Constitution—
and shall certify each of those documents under
the seal of the Corporation and shall cause notice
of the place at which the documents are kept to be
published in the Government Gazette and a
newspaper circulating generally throughout
Victoria.
(5) In any proceedings the production of a document
purporting to be a copy of a document kept
pursuant to this section and certified to be a copy
of that document under the seal of the Corporation
shall be conclusive evidence of the contents of the
document of which it purports to be a copy.
5 General powers of the corporationS. 5
amended by
No. 9878
s. 6(a). Subject to this Act, the Royal Charter dated
23 August 1967, the by-laws in force under that
Charter and any decision, direction or ruling of the
National Council or the National Executive
Committee in force under that Charter or those
by-laws, the corporation—
(a) shall control the Scout movement in
Victoria; and
S. 5(a)
amended by
No. 9878
s. 6(b).
(b) may do all things necessary or requisite for
providing and maintaining an efficient
organization for the purposes of the
S. 5(b)
amended by
No. 9878
s. 6(c)(i)(ii).
8
Scout Association Act 1932
No. 4092 of 1932
s. 6
Australian Association in Victoria, including
and without restricting the generality of the
foregoing provisions of this section 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 dated 23 August 1967.
6 Transfer etc. of properties to the corporation
(1) Any person— S. 6(1)
amended by
No. 9878
s. 7(1)(a)(b).
(a) who at the commencement of this Act holds;
(b) who hereafter acquires; or
(c) to whom is or has been given devised or
bequeathed—
any real or personal property in Victoria upon
trust for or on behalf of or for the benefit of the
British Association or the Australian Association
or a branch of the British Association or the
Australian Association or any area or county
council or district or local association or group or
body formed under the Policy Organization and
Rules of the British Association or Australian
Association or any committee of the British
Association or the Australian Association in
Victoria shall (if and when required by notice in
writing from the corporation so to do) transfer
convey and assign unto the corporation at its cost
such real or personal property as aforesaid but
subject to any conditions or trust upon which the
same is held acquired given devised or
bequeathed.
(1A) Where pursuant to this section or an order made
under this section property is transferred,
conveyed or assigned to or vested in the
Corporation upon trust or subject to the condition
that the property be held for or on behalf of or for
the benefit of the British Association, the
S. 6(1A)
inserted by
No. 9878
s. 7(2).
9
Scout Association Act 1932
No. 4092 of 1932
s. 6
Corporation may notwithstanding that trust or
condition apply and use the property for or on
behalf of or for the benefit of the Australian
Association but otherwise in accordance with the
trust or condition as if a reference in the trust or
condition to the British Association were a
reference to the Australian Association, and the
trust or condition shall have effect accordingly,
unless an order under this section provides in
respect of particular property that this subsection
shall not apply.
(2) Any notice requiring the transfer conveyance or
assignment of any such real or personal
property—
(a) shall be signed by the general secretary or
other authorized officer of the corporation;
and
(b) shall be deemed to have been properly
served upon and received by the person or
persons to whom it is addressed at the
expiration of three days after it has been
forwarded by registered post addressed to
such person or in the case of joint holders
then to one of such joint holders at his usual
or last known place of residence in Victoria:
Provided that property vested in held by or on
behalf of or which is given devised or bequeathed
to any sponsored group may subject to any
express trust affecting the same be held in trust for
such purposes and be disposed of in such manner
as the sponsoring authority of such group from
time to time determines; but in the event of any
such sponsoring authority dealing with any such
real or personal property in a manner contrary to
the conditions and trusts upon which the same is
held the corporation may by notice in writing
given as aforesaid require the organization by
S. 6(2)
Proviso
amended by
No. 9878
s. 7(3)(a)(b).
10
Scout Association Act 1932
No. 4092 of 1932
s. 6
which such sponsoring authority was appointed or
the sponsoring authority to transfer convey and
assign such real or personal property to the
corporation.
(3) Upon service of any such notice as aforesaid the
real or personal property in respect of which such
notice has been given shall immediately vest in
the corporation but subject as aforesaid to any
conditions and trusts upon which it is held and any
person organization or sponsoring authority
served with such notice shall be immediately
divested of such real and personal property
mentioned therein.
S. 6(3)
amended by
No. 9878
s. 7(3)(b).
(4) Any person organization or sponsoring authority
served with any such notice aforesaid may apply
by summons to a judge of the Supreme Court for
an order that any such transfer conveyance or
assignment of any such real or personal property
shall be subject to such terms and conditions as
the judge may determine are just and equitable
having regard to all the circumstances of the case.
S. 6(4)
amended by
No. 9878
s. 7(3)(b).
(5) In the event of the person organization or
sponsoring authority holding as aforesaid any real
or personal property (other than land under the
Transfer of Land Acts) the legal interest in which
is transferable or assignable by deed or other
document in writing after service upon him or it
requiring him or it so to do refusing or neglecting
to execute a conveyance or an assignment thereof
to the corporation or in the event of the
whereabouts of any such person being unknown—
S. 6(5)
amended by
No. 9878
s. 7(4)(a)–(c).
(a) the corporation may apply to a judge of the
Supreme Court for an order directing the
Prothonotary of the Supreme Court to
execute for and on behalf of such person
organization or authority a conveyance or an
S. 6(5)(a)
amended by
No. 9878
s. 7(4)(b).
11
Scout Association Act 1932
No. 4092 of 1932
s. 6
assignment of such real or personal property
to the corporation; and
(b) upon proof to the satisfaction of such
judge—
S. 6(5)(b)
amended by
No. 9878
s. 7(4)(b).
(i) that such real or personal property is
held by such person organization or
sponsoring authority upon trust for or
on behalf of or for the benefit of the
British Association or the Australian
Association or a branch of the British
Association or the Australian
Association or any area or county
council, district or local association or
group or body as aforesaid or any
committee thereof as aforesaid;
S. 6(5)(b)(i)
amended by
No. 9878
s. 7(4)(a)(c).
(ii) that notice as aforesaid requiring such
person organization or sponsoring
authority to convey or assign such real
or personal property has been given in
manner herein provided; and
(iii) that such person organization or
sponsoring authority refuses or neglects
to execute such conveyance or
assignment as aforesaid or that the
whereabouts of such person is
unknown—
S. 6(5)(b)(iii)
amended by
No. 9878
s. 7(4)(a).
the judge may make such order and the said
Prothonotary shall thereupon do and perform
all such acts and things as may be necessary
to convey or assign such real or personal
property to the corporation but subject as to
any real property to any charge mortgage
lease or easement then affecting the same
and to the trusts on which it was held by
such person organization or sponsoring
authority.
12
Scout Association Act 1932
No. 4092 of 1932
s. 6
(6) Any person in Victoria who has at any time
acquired real or personal property by using the
name of the British Association or the Australian
Association or of any branch of the British
Association or the Australian Association or of
any area or county council, district or local
association or group or body formed as aforesaid
and who is in possession of or otherwise holds
such real or personal property shall be deemed to
be a person holding such real or personal property
upon trust for or on behalf of or for the benefit of
such British Association or Australian Association
or branch of the British Association or the
Australian Association or area or county council
or district or local association or group or body
formed as aforesaid.
S. 6(6)
amended by
No. 9878
s. 7(5)(a)(b).
(7) Any liabilities in respect of any real or personal
property which may hereafter become vested in
the corporation by virtue of the provisions of this
section may thereupon be enforced against the
corporation.
(8) Any rights accrued or accruing or to accrue to any
person in Victoria on behalf of the British
Association or Australian Association are and
shall be hereby vested in and may be enforced by
the corporation on behalf of the British
Association or the Australian Association (as the
case may be).
S. 6(8)
amended by
No. 9878
s. 7(6)(a)(b).
(9) For the purposes of this Act— S. 6(9)
inserted by
No. 9878
s. 7(6)(b).
(a) a group that was a controlled group within
the meaning of this Act as in force
immediately before the date of
commencement of the Scout Association
Act 1983 shall on and from that date be
deemed to be a sponsored group; and
13
Scout Association Act 1932
No. 4092 of 1932
s. 7
(b) a person or committee that was a controlling
authority within the meaning of this Act as in
force immediately before the date of
commencement of the Scout Association
Act 1983 shall on and from that date be
deemed to be a sponsoring authority.
7 Powers of corporation and Branch Executive
Committee
S. 7
substituted by
No. 9878 s. 8.
(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.
8 Receipt and application of gifts etc. by the
corporation
S. 8
amended by
No. 9878
s. 9(a).
(1) The corporation shall—
(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)(a)
amended by
No. 9878
s. 9(b).
14
Scout Association Act 1932
No. 4092 of 1932
s. 8
(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(1)(b)
amended by
No. 9878
s. 9(c).
(2) Subject to subsection (3)— S. 8(2)
inserted by
No. 9878
s. 9(c).
(a) the provisions of subsection (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
(b) the provisions of subsection (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.
(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(3)
inserted by
No. 9878
s. 9(c).
15
Scout Association Act 1932
No. 4092 of 1932
s. 9
(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.
S. 8(4)
inserted by
No. 9878
s. 9(c).
9 Custody and use of the seal
(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(1)
amended by
No. 9878
s. 10(a).
(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)
substituted by
No. 9878
s. 10(b).
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.
S. 9(2)
Proviso
amended by
No. 35/1996
s. 453(Sch. 1
item 74).
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.
11 Protection of names, uniforms, badges etc. used by
the corporation and members of its organizations
Comp. 16, 17
Geo. V. c. 26.
(1) The Governor in Council may by Order in
Council made on the application of the
corporation protect—
(a) the name of the Australian Association and
of the Branch;
S. 11(1)(a)
amended by
No. 9878
s. 11(a).
16
Scout Association Act 1932
No. 4092 of 1932
s. 11
(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)(b)
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)(c)
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(1)(d)
amended by
No. 9878
s. 11(a).
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(1)
Proviso
amended by
No. 9878
s. 11(b).
(1A) Nothing in subsection (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.
S. 11(1A)
inserted by
No. 9878
s. 11(c).
(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;
17
Scout Association Act 1932
No. 4092 of 1932
s. 11
(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.
(4) If any person acts in contravention of the last
preceding subsection 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)
amended by
No. 9878
s. 11(d)(i).
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.
S. 11(4)
Proviso
amended by
No. 9878
s. 11(d)(ii).
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No. 4092 of 1932
s. 12
(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.
(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.
See (Comm.)
1924 No. 31.
12 Winding-up of Corporation S. 12
inserted by
No. 9878 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 subsection (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
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No. 4092 of 1932
s. 12
(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 subsection (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 subsection (2).
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Sch.
SCHEDULE Sch.
inserted by
No. 9878 s. 12.
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
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CONSTITUTION OF THE SCOUT ASSOCIATION OF AUSTRALIA
VICTORIAN BRANCH
Definitions
The Constitution of the Branch is set out in the following By-laws.
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.
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;
"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;
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Sch.
"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—
(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.
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Sch.
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
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
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Scout Association Act 1932
No. 4092 of 1932
Sch.
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.
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.
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Scout Association Act 1932
No. 4092 of 1932
Sch.
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.
20. At any Meeting a declaration by the chairman that a resolution has
been carried or carried by a specified majority or lost or not carried
by a specified majority and an entry to that effect in the books of
the Branch shall be conclusive evidence of the fact without proof
of the number or relative proportion of the votes recorded in
favour of or against such resolution.
21. The chairman of the Meeting may with the consent of the Meeting
adjourn it from time to time and from place to place.
22. Subject to the provisions of Clause 19 every member of the
Council personally present shall have one vote. No votes shall be
given by proxy.
THE COMMITTEE AND MANAGEMENT OF THE BRANCH
23. The management of the business of the Branch and of the Council
shall be vested in the Committee which in addition to the powers
and authorities by these By-laws or otherwise expressly conferred
upon it may exercise all such powers and do all such acts and
things as may be exercised or done by the Branch or the Council
and are not by the Act or by these By-laws expressly directed or
required to be exercised or done by the Council but subject
nevertheless to the provisions of the Royal Charter and of these
By-laws and to any regulations or directions from time to time
made or given by the Council provided that no regulation so made
shall invalidate any prior act of the Committee which would have
been valid if such regulations had not been made or given.
24. Without prejudice to the general powers conferred by the last
preceding Clause of to any other powers conferred by these
By-laws but subject nevertheless to the provisions of the Royal
Charter and of these By-laws and to any regulations or directions
from time to time made or given by the Council provided that no
regulation so made shall invalidate any prior act of the Committee
which would have been valid if such regulations had not been
made or given it is hereby expressly declared that the Committee
shall have the power—
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Scout Association Act 1932
No. 4092 of 1932
Sch.
(a) to receive and accept donations, endowments and gifts of
any property or assets whatsoever for the Branch or the
Council and either subject, or not subject, to any special
trusts or conditions;
(b) to purchase, take on lease or in exchange, hire or otherwise
acquire and hold, any real and personal property and any
rights or privileges which the Committee may think
necessary or convenient for the purposes of the Branch, and,
in particular, any land, buildings, easements, machinery,
plant and stock in trade;
(c) to construct, improve, maintain, develop, work, manage,
carry out or control any buildings, works, roads, ways,
bridges, stores, plant and things which may seem calculated,
directly, or indirectly, to advance the Branch's interests; and
to contribute to, subsidise or otherwise assist, or take part in
the construction, improvement, maintenance, development,
working management, carrying out or control thereof;
(d) to invest and deal with all moneys, funds and assets of the
Branch, or the Council, not immediately required for its
purposes, in such manner as, from time to time, the
Committee may determine;
(e) to borrow or raise money, with or without security, for any
of the objects of the Branch or the Council, and to secure the
same, or the repayment or performance of any debt, liability,
contract, guarantee or other engagement, incurred or entered
into by the Branch or the Council, in any way and, in
particular by the issue of debentures charged upon all or any
of the property of the Branch or the Council (both present
and future) and to purchase, redeem or pay off any such
securities;
(f) to pay salaries, honoraria, gratuities and other sums in
consideration or recognition of services, as may, from time
to time, be thought fit;
(g) to draw, make, accept, endorse, execute, discount and issue
promissory notes, bills of exchange, bills of lading and other
negotiable or transferable instruments;
(h) to sell or dispose of any part of the assets of the Branch or
the Council for such consideration as the Committee may
think fit;
(i) to sell, improve, manage, develop, exchange, lease, dispose
of, turn to account, or otherwise deal with, all or any part of
the property and rights of the Branch or the Council;
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Sch.
(j) to take or hold mortgages, liens and charges to secure
payment of the purchase price, or any unpaid balance of the
purchase price, of any part of the property of the Branch or
the Council, of whatsoever kind sold by the Branch or the
Council or any moneys due to the Branch or the Council
from the purchasers or others;
(k) to apply for, secure, acquire (by grant, legislative enactment,
assignment, transfer, purchase or otherwise) and to exercise,
carry out and enjoy, any charter, licence, which any
Government or Authority or any Corporation or other public
body may be empowered to grant; and to pay for, aid in, and
contribute towards carrying the same into effect;
(l) to apply for and obtain any statute, order, regulation or other
authorisation or enactment which may be deemed expedient
for any of the purposes of the Branch or the Council;
(m) to organise classes and lectures and to publish and sell or
distribute papers, books, pamphlets and information for the
purposes of creating or stimulating interest in, and
promoting the objects of, the Branch or the Council, and to
take all other measures which may seem necessary for
providing and maintaining an efficient organisation for the
purposes of the Branch or the Council;
(n) to encourage, aid and facilitate the formation of other bodies
or organisations of Scouts and the enrolment as members or
officers thereof, of persons of all ages and their instruction
in the duties of citizenship generally, in Scouting, in
handicrafts and technical knowledge, and the provision of
classes, lectures and entertainments for their benefit and the
establishment and provision of prizes, badges, certificates
and other awards of merit, to be competed for, or awarded to
them;
(o) to supply (with or without charges) and deal in, goods of all
kinds for the use of Scouts provided that every Scout shall
be left entirely free to obtain his equipment and every part
thereof (whether of an official pattern or not), other than
badges and decorations, from any persons, firm or
corporation willing to supply the same and shall not be
obliged to obtain such equipment, or any part thereof from
the Branch;
(p) to assist past or present Scouts in establishing themselves in
life, whether by means of apprenticeship or immigration or
in any other manner and to form, contribute to, and
administer special funds for that purpose;
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(q) to accept and take by way of gift, and absorb upon any
terms, the undertakings and assets of any society or body
whether incorporated or not, carrying on work similar to any
work for the time being carried on by the Branch and to
undertake all, or any of the liabilities of any such society or
body;
(r) to make and carry out any arrangements for joint working or
co-operation with any other society or body, whether
incorporated or not, carrying on work similar to any work
for the time being carried on by the Branch or the Council;
(s) to undertake, execute and perform any trusts or conditions
effecting any real or personal property of any description
acquired by the Branch or the Council;
(t) to enter into any arrangement with any educational
authorities or any department of the Government of the
Commonwealth of Australia or of the State of Victoria; and
(u) to appoint such managers secretaries officers clerks agents
and servants for permanent temporary or special services as
may time to time be thought fit and to determine their
powers and duties and fix their salaries or emoluments and
to require security in such instances and to such amount as
may be thought fit, and to remove or suspend them or any of
them therefrom;
(v) Subject to the Act The Royal Charter and the By-laws and
the Policy Organisation and Rules to make and vary and
repeal orders for the regulation of the affairs of the Branch
or of the Groups or bodies of Scouts for the time being
controlled by the Branch or the Council or any of them;
(w) to enter into contracts and do all such other acts and things
as are incidental or conducive to the attainment of any of the
objects of purposes of the Branch or the Council or to the
exercise of any of its said powers.
CONSTITUTION OF THE COMMITTEE
25. Until otherwise determined at a Meeting of the Council the
number of the members of the Committee other than ex officio
members as hereinafter defined shall be not less than five nor more
than fifteen.
26. 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, Chief
Commissioner Designate, Deputy Chief Commissioner, Assistant
Chief Commissioners and such other Branch Commissioners as
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the Committee may from time to time determine shall be ex officio
members of the Committee.
27. The persons other than ex officio members of the Committee at the
coming into operation of these By-laws shall continue to be
members of the Committee but shall retire as provided in these
By-laws.
28. The Council shall have power from time to time to remove any
member of the Committee other than an ex officio member and
subject to Clauses 25, 29 and 30 to appoint any other person to be
a member of the Committee, to fill the vacancy caused by removal
or as an addition to the Committee.
29. (a) No person other than an ex officio member of the
Committee of or over the age of 65 shall be appointed or act
as a member of the Committee but nothing in this Cluse
prevents a person from acting as a member of the
Committee during the period commencing on the day on
which he attains the age of 65 years and ending at the
conclusion of the Annual Ordinary General Meeting of the
Council commencing next after that day.
(b) The office of a member other than an ex officio member of
the Committee shall become vacant at the conclusion of the
Annual Ordinary General Meeting of the Council
commencing next after he attains the age of 65 years.
(c) Any act done by a person as a member of the Committee
shall be valid notwithstanding that it is afterwards
discovered he was of or over the age of 65 years at the time
of his appointment or that this appointment had terminated
by virtue of sub-clause (b) of this Clause.
(d) If any such vacancy has not been filled at the Annual
Ordinary General Meeting of the Council at which the office
became vacant the office may be filled as a casual vacancy
pursuant to Clause 5 hereof;
(e) Notwithstanding anything in this Clause contained the
provision hereof shall not apply to a person of or over the
age of 65 years on 1 January 1979.
30. No person other than an ex officio member of the Committee shall
be appointed or elected a member of the Committee unless he is at
the time of his appointment or election a lay member of the
Council. Provided nevertheless that the Committee shall have
power at any time and from time to time to appoint any person
other than a Scouter (whether a member of the Council or not) to
be a member of the Committee either to fill a casual vacancy or as
an addition to the Committee, provided that the total number of
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members of the Committee exclusive of ex officio members shall
not hold office only until the next following Annual Ordinary
General Meeting of the Council, but shall then be eligible for
appointment or election to the Council if necessary and re-election
to the Committee.
PROCEEDINGS OF THE COMMITTEE
31. The Committee may meet together for the despatch of business
and adjourn and otherwise regulate its meetings and proceedings
as it may think fit and may determine the quorum necessary for
transaction of business and notice if any which is to be given of
any such meeting. Until otherwise determined seven members of
the Committee shall form a quorum.
32. The Committee may elect from its members a Chairman and a
Vice-Chairman of its meetings and determine the period for which
they respectively are to hold office. The Chairman so appointed
shall take the chair at meetings of the Committee, but if he is
unable or unwilling to act at any such meeting the Vice-Chairman
shall take the Chair at that Meeting. If at the time fixed for
holding any Meeting neither the Chairman nor the Vice-Chairman
shall be present or being present shall be unable or unwilling to act
the members of the Committee present shall choose one of their
number to be Chairman of the Meeting.
33. Questions arising at any Meeting shall be decided by a majority of
votes and in case of any equality of votes the Chairman shall have
a casting vote.
34. The Committee may delegate any of its powers to sub-committees
consisting of two or more members of the Committee. Every such
sub-committee shall in the exercise of the powers so delegated
confirm to any regulations that may from time to time be imposed
upon it by the Committee. Any such sub-committee may with the
approval of the Committee appoint any person a member of such
sub-committee.
35. The Meetings and proceedings of any such sub-committee shall be
governed by the provisions herein contained for regulating the
Meeting and proceedings of the Committee so far as the same are
applicable thereto and are not superseded by any regulations made
by the Committee under the last preceding Clause.
36. All acts done by any Meeting of the Committee or by any sub-
committee shall notwithstanding that it shall afterwards be
discovered that there was some defect in the appointment of all or
any of the members be valid as if such member or members had
been duly appointed.
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VACATION OF OFFICE BY MEMBERS OF THE COUNCIL AND
COMMITTEE
37. (a) The office of a member of the Council shall become
vacant—
(i) if he becomes of unsound mind or a person whose
person or estate is liable to be dealt with in any way
under the law relating to mental health;
(ii) if by notice in writing to the Branch he resigns;
(iii) if the Council by a majority of two thirds of such of
its members who shall be present at a Meeting duly
convened for the purpose shall resolve that such
member shall retire.
(b) The office of a member of the Committee shall become
vacant:
(i) if he becomes of unsound mind or a person whose
person or estate is liable to be dealt with in any way
under the law relating to mental health;
(ii) if he is absent from three consecutive Meetings of the
Committee without leave and the Committee
determines that his office shall become vacant;
(iii) if by notice in writing to the Branch he resigns;
(iv) if the Committee by a majority of two-thirds of such
of its members who shall be present at a Meeting duly
convened for the purpose shall resolve that such
member shall retire;
(v) if his office become vacant pursuant to Clause 29.
RETIREMENT OF MEMBERS OF THE COUNCIL AND COMMITTEE
38. (a) At each Annual Ordinary General Meeting of the Council
one third of the lay members of the Council holding office
under Clause 4(e) and one third of the members of the
Committee other than ex officio members shall retire from
office.
(b) If the number of the aforesaid lay members of the Council or
the members of the Committee other than ex officio
members is not three or a multiple of three, then the number
nearest the one-third referred to in sub-clause 38(a) shall
retire from office.
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39. Subject to Clause 4 the one-third or other nearest number to retire
in each year shall be those who have been longest in office since
their last election and as between two or more who have been in
office an equal length of time the member to retire shall in default
of agreement between them to be determined by lot. The length of
time a member has been in office shall be computed from his last
election or appointment where he has previously vacated office.
A retiring member shall be eligible for re-election. For the
purpose of this rule the length of time a member has been in office
will include the period during which he has been a member of the
Council or Committee of the Branch prior to the coming into
operation of these By-laws.
40. Subject to Clauses 4, 29 and 30 the Council at any Annual
Ordinary General Meeting thereof at which any members of the
Council or Committee retire in manner aforesaid may fill up the
vacated offices by electing a like number of persons to be
members of the Council or Committee (as the case may be).
41. If at any Annual Ordinary Meeting of the Council at which an
election of members of the Council or Committee ought to take
place the places of the retiring members are not filled the retiring
members of the Council or Committee or such of them as have not
had their places filled shall if willing to continue in office until the
Annual Ordinary General Meeting of the Council in the next year
and so on and from year to year until their places are filled unless
(in the case of the Committee) it shall be determined at such
Meeting on due notice to reduce the number of the members of the
Committee.
42. The Council may from time to time increase or reduce the number
of the members of the Committee and may also determine in what
rotation such increased or reduced number is to go out of office.
43. A person who is a retiring member of the Committee or who is
recommended by the Committee for election shall be eligible for
re-election or election to the Committee as the case may be.
No other person shall be eligible for election as a member of the
Committee unless he is proposed by some member of the Council
and he or the member of the Council proposing him has, at least
seven clear days before the Meeting, left with the General
Secretary of the Branch a nomination in writing duly signed by the
member of the Council and the candidate.
44. Ex officio members shall not be liable to retirement by rotation or
be taken into account in determining the order of retirement.
45. Any election under these By-laws may be on a show of hands or
by ballot as the Chairman of the meeting at which such election
shall be held may determine.
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APPOINTMENT OF CHIEF COMMISSIONER DESIGNATE
46. The Committee shall recommend the appointment of a Chief
Commissioner Designate in accordance with these By-laws.
47. To enable it to make such recommendation the Committee shall
appoint an Advisory Committee from amongst its members.
48. (a) The General Secretary of the Branch shall notify all persons
who hold any one of the following offices, that is to say:
(i) A member of the Committee;
(ii) A Branch Commissioner
(iii) An Area Commissioner;
(iv) A Regional Commissioner—
that the Advisory Committee is about to consider a
recommendation for the office of Chief Commissioner
Designate and shall invite those persons to submit
nominations by the method set out in Clause 49.
(b) Save as provided in Clauses 52 and 55 such
recommendations shall be made as nearly as possible six
months prior to the date upon which the person for the time
being holding the office of Chief Commissioner is due to
relinquish that office. The date upon which such
recommendation is to be made is hereinafter referred to as
"the recommendation date".
49. (a) Thirty days prior to the recommendation date (or within
seven days after the occurrence of the events referred to in
Clauses 52 and 55) the General Secretary shall forward to
each of the persons referred to in Clause 48 a nomination
form in a form and containing such information as the
Committee may from time to time require with advice that
in order to be valid the form duly completed shall be lodged
with the General Secretary by a specified date, which date
shall be not less than fourteen nor more than twenty-one
days thereafter.
(b) Any nomination shall be in the form provided for in sub-
clause (a) of this Clause signed by the person submitting the
same, and the person so nominated shall endorse upon the
nomination form a statement of his willingness to accept the
office.
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(c) The nomination form duly completed as set out in sub-
clause (b) of this Clause shall be forwarded to the General
Secretary by the specified date, in a sealed envelope marked
on the face thereof "Confidential—Nomination of the Chief
Commissioner Designate".
(d) The Advisory Committee shall consider the names
submitted, and table the nomination forms at a Meeting of
the Committee, together with its recommendation.
(e) The Committee shall then determine the person who shall be
recommended for approval pursuant to Clause 50. In so
doing it shall accept or reject the recommendation of the
Advisory Committee. In the event the Committee rejects
the recommendation of the Advisory Committee it may
decide upon one other of the names submitted, if there be
any others; and if it does not so decide shall refer the matter
back to the Advisory Committee for further
recommendation.
(f) If any of the members of the Committee is amongst those
nominated, such member or members shall retire from the
Meeting of the Committee during the period the Committee
is deliberating upon the matter referred to in sub-clause (e)
of this Clause.
50. The President on behalf of the Committee shall advise the Chief
Scout the name of the person recommended by the Committee for
appointment as Chief Commissioner Designate immediately
following such recommendation and shall seek his approval.
Upon such approval the person so recommended shall act as Chief
Commissioner Designate.
51. The Chief Commissioner Designate, whilst holding office shall act
as a Deputy of the Chief Commissioner, with such powers as the
latter may delegate to him and notwithstanding that at the same
time there may be another person also acting as Deputy Chief
Commissioner.
52. In the event of a vacancy occurring in the office of a Chief
Commissioner Designate the procedure referred to in Clauses 47,
48, 49 and 50 shall immediately become operative.
RECOMMENDATION FOR THE APPOINTMENT OF CHIEF
COMMISSIONER
53. Two months prior to the date upon which the person holding office
of Chief Commissioner is due to relinquish that office, the
President on behalf of the Committee shall submit the name of the
Chief Commissioner Designate to the Chief Scout in order that the
latter may convey such name to the Chief Scout of Australia as a
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Sch.
recommendation for appointment by the Chief Scout of Australia
as Chief Commissioner on and from the date upon which the office
becomes vacant. If the Chief Scout of Australia accepts such
recommendation the Chief Commissioner Designate shall become
the Chief Commissioner from that date.
54. A Chief Commissioner shall hold office initially for a term of three
years, but the Committee may, with the concurrence of the person
holding the office and subject to the approval of the Chief Scout of
Australia extend the term from time to time provided that such
extension is for a period of not more than three years and that the
extension is made after nominations have been called and a
recommendation made in the manner set out in Clauses 47, 48 and
49 for an appointment as Chief Commissioner Designate and that
no other person has been approved as Chief Commissioner
Designate pursuant to Clause 50.
CASUAL VACANCIES IN OFFICE OF CHIEF COMMISSIONER
55. In the event of a vacancy occurring in the office of Chief
Commissioner, while he is holding that office, the following
procedure shall apply:
(a) If the vacancy occurs before the appointment of a Chief
Commissioner Designate—
(i) the procedure referred to in Clauses 47, 48 and 49 if
not already in operation shall become operative;
(ii) the Committee shall appoint a suitable person as
Acting Chief Commissioner and he shall act as Chief
Commissioner until the appointment of the Chief
Commissioner Designate; and
(iii) as soon as a recommendation for the appointment of a
Chief Commissioner Designate has been made by the
Committee the President on behalf of the Committee
shall submit a recommendation through the Chief
Scout to the Chief Scout of Australia to proceed
immediately with the appointment of the Chief
Commissioner Designate as the Chief Commissioner;
and
(b) If the vacancy occurs after the appointment of a Chief
Commissioner Designate, the latter shall act as Chief
Commissioner and the President on behalf of the Committee
shall submit the name of the Chief Commissioner Designate
to the Chief Scout for appointment by the Chief Scout of
Australia as Chief Commissioner.
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Sch.
CHIEF COMMISSIONER—POWER AND DUTIES
56. (a) The Chief Commissioner is the Chief Executive Scouter of
the Branch and (subject to the Royal Charter, the By-laws
made thereunder and the Policy Organisation and Rules
promulgated by the National Council under the Charter) is
responsible to the Council for all Scout Activities within the
Branch.
(b) The Chief Commissioner shall with the approval of the
Committee appoint a Deputy Chief Commissioner and such
if any Assistant Chief Commissioners, Branch
Commissioners, Assistant Branch Commissioners and Field
Commissioners, with such respective duties, as the Chief
Commissioner may from time to time determine.
CHIEF COMMISSIONER'S POWER TO DELEGATE
57. During the absence of the Chief Commissioner for Victoria or his
temporary inability from any other cause to carry out his duties of
Chief Commissioner the Committee with the approval of the Chief
Scout and of the Chief Commissioner if he is within Victoria and
able to act may appoint the Deputy Chief Commissioner or failing
him another Commissioner to act as his delegate for such period as
he shall specify.
HONORARY TREASURER
58. The Honorary Treasurer shall be appointed in accordance with
Clause 14 and his duties shall be determined by the Committee.
GENERAL SECRETARY
59. The Committee shall appoint a General Secretary and may from
time to time where the General Secretaryship is vacant or the
General Secretary is unable to act appoint an Acting General
Secretary who shall for the purpose of the Act and these By-laws
be deemed the General Secretary.
SEAL
60. The General Secretary shall provide for the safe custody of the
Common Seal of the Branch and it shall not be used except
pursuant to a resolution of the Committee and every instrument to
which the Seal is affixed shall be signed by two members of the
Committee and shall be countersigned by the General Secretary or
some other person appointed by the Committee for the purpose.
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No. 4092 of 1932
Sch.
ACCOUNTS
61. The Committee shall cause true accounts to be kept of the income
and expenditure of the Branch and the matters in respect of which
such income and expenditure take place and of the assets,
liabilities and funds of the Branch.
62. At the Annual Ordinary General Meeting of the Council in every
year the Committee shall lay before the Council an income and
expenditure account and balance sheet made up to the year ending
date of the year being reviewed at that meeting and duly audited
by an Auditor or Auditors appointed in accordance with these
By-laws.
63. The Committee shall lay before every meeting of the Branch a
report on the state and condition of the Branch and the progress of
its work.
AUDIT
64. An Auditor or Auditors shall be appointed by the Council and the
remuneration of such Auditor or Auditors shall be fixed by the
Committee.
65. It shall be the duty of every officer and servant of the Branch to
give to the Auditor or Auditors such information and explanations
as may reasonably be required.
INDEMNITY
66. Every member of the Council or the Committee and other officer
or servant of the Branch shall be indemnified by the Branch from
and against all costs and losses for which he may become liable by
reason of any act or thing reasonably done by him in the discharge
of his duty and any paid officer or servant shall similarly be
indemnified from and against any costs losses or expenses which
he may reasonably incur or become liable to by reason of any act
or thing reasonably done by him in the discharge of any duty
performed for and with the authority of the Committee.
REGISTER OF MEMBERS OF COUNCIL AND COMMITTEE
67. The General Secretary shall keep and maintain a Register of
Members of the Council and Members of the Committee in which
shall be entered the full names and addresses and dates of election
of every member and such other details as the Committee may
from time to time determine.
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NOTICES
68. Any notice sent by post shall be deemed to have been served on
the third working day following that on which the envelope or
wrapper containing the same is posted and in proving such service
it shall be sufficient to prove that the envelope or wrapper
containing the notice was properly addressed prepaid and posted.
ALTERATION OF BY-LAWS
69. These By-laws or any of them may at any time and from time to
time (subject to the provisions of the Act) be added to, abrogated
or varied by a resolution passed by a majority of not less than two-
thirds of the members of the Council present and voting at a
meeting of the Council duly convened for the purpose.
═══════════════
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Endnotes
ENDNOTES
General Information
The Scout Association Act 1932 was assented to on 29 December 1932 and
came into operation on 29 December 1932.
The name of this Act was changed from the Boy Scouts Association Act
1932 to the Scout Association Act 1932 by section 13(2) of the Scout
Association Act 1983, No. 9878/1983.
40
Scout Association Act 1932
No. 4092 of 1932
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Scout Association Act
1932 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Scout Association Act 1983, No. 9878/1983
Assent Date: 3.5.83
Commencement Date: 3.5.83
Current State: All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96
Commencement Date: S. 453(Sch. 1 item 74) on 1.1.97: s. 2(3)
Current State: This information relates only to the provision/s
amending the Scout Association Act 1932
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
41
Scout Association Act 1932
No. 4092 of 1932
Endnotes
3. Explanatory Details
No entries at date of publication.
42