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Constitution 1. OBJECTS OF THE AUSTRALIAN ASSOCIATION OF CONSULTING ARCHAEOLOGISTS INCORPORATED 2. RULES OF THE AUSTRALIAN ASSOCIATION OF CONSULTING ARCHAEOLOGISTS INCORPORATED 4. CONSULTING WITH ABORIGINAL COMMUNITIES POLICY DOCUMENT
1. OBJECTS OF THE AUSTRALIAN ASSOCIATION OF CONSULTING ARCHAEOLOGISTS INCORPORATED 1. The name of the Association is "Australian Association of Consulting Archaeologists Incorporated". 2. The Objects of the Association are: (a) to encourage the communication of knowledge
and promote a spirit of cooperation amongst workers within the field
of Archaeology; 3. The Association has, both within and outside the Australian Capital Territory, the legal capacity of a natural person, subject to the revisions of the Act. Without limiting the generality of this, the Association has, both within and outside the Territory, the power to do all things that may be ancillary to the attainment of the Objects of the Association and in particular the power: (a) to purchase, acquire, and receive any real and
personal property and sell, give, transfer, demise and otherwise
deal with any real or personal property of the Association 4. The income and property of the Association shall be applied solely towards the promotion of the Objects of the Association as set out in the objects and subject to the provisions of the Act. The Association shall not carry on any trade or business or engage in any transaction with a view to the pecuniary gain or profit of its members. No part of that income or property shall be paid or transferred by way of profit to the members of the Association. No member of the National Executive Committee shall be appointed to any salaried office of the Association or any office of the Association paid by fees and no remuneration or other benefit in money or moneys worth shall be paid or given by the Association to any member of the National Executive Committee except repayment of out of pocket expenses. Nothing in this Clause shall prevent the payment: (a) of remuneration to any officer or employee of
the Association; 2. RULES OF THE AUSTRALIAN ASSOCIATION OF CONSULTING ARCHAEOLOGISTS INCORPORATED 1. In the construction of these Rules, unless the contrary intentional appears: (a) "administrative office" means the
principal place of administration of the Association; 2. The membership of the Association shell consist of classes, namely, full members, associate members and affiliate members (each of those classes having voting rights as set out in the Rules) and honorary members (who do not have voting rights). 3. Except where the Rules specifically provide otherwise, an honorary member shall not be entitled to: (a) nominate a member as a candidate for election
to an office within the Association; but shall otherwise be entitled to enjoy all of the privileges of a full member. 4. A person is qualified to be a member of the Association if, but only if, the person is a natural person who has been approved for membership of the Association by the National Executive Committee. 5. If a person becomes a member of the Association that person shall be deemed to have agreed to be bound by the Objects and Rules of the Association and all of the Codes of Conduct. 6. An application for membership of the Association shall be made in writing and lodged with the Membership Secretary. The Membership Secretary shall refer the application to the Membership Committee which shall determine whether to recommend approval or recommend rejection of the application. 7. The Membership Committee shall advise the National Executive Committee that an application ought to be accepted if, and only if, the Membership Committee is satisfied that the applicant agrees to be bound by the Objects and Rules of the Association and Codes of Conduct and satisfies the relevant criteria for membership set out in the Rules. 8. The National Executive Committee may refuse any application for membership and shall not be bound to give any reason for so refusing. 9. Subject to the next Rule, the National Executive Committee may (but shall be under no obligation to) approve an applicant for membership on the recommendation of the Membership Committee. 10. If the National Executive Committee decides not to accept a recommendation of the Membership Committee, a joint meeting of the 2 committees shall be held to determine the application. A quorum shall be any 5 persons personally present whether they be from one committee or the other or drawn from both. For such a joint meeting an applicant shall only be approved for membership if it is agreed to by at least three quarters of those present and voting. A person who is a member of both committees shall have only one vote. If the application is approved by such joint meeting the applicant will be deemed to have been approved for membership by the National Executive Committee. 11. Upon approval by the National Executive Committee of any application for membership and the payment by the applicant of such entrance fee, subscription and/or other dues as may be payable in respect of that membership such applicant shall become a member of the Association in the class of membership determined by the National Executive Committee. 12. The Membership Secretary shall, on payment by the applicant of the amounts referred to in the preceding Rule, enter the applicant's name in the register of members and, upon the name being so entered, the applicant becomes a member of the Association. 2.2.1 Full Membership Criteria 13. Each applicant for full membership shall: (a) have an honours degree or postgraduate degree
in archaeology or other field of scholarship accepted by the Membership
Committee or have such experience in the field of consulting archaeology
as is considered sufficient by the Committee for admission as a
full member; 14. Eligibility for full membership in accordance
with paragraph (e) of the preceding Rule may be for site survey
and recording only. Citation of other skills such as excavation
or rock art recording shall require presentation of additional documentation
to the Membership Committee for review. 2.2.2 Associate Membership Criteria 15. Each applicant for associate membership shall: (a) have an honours degree or postgraduate degree
in archaeology or other field of scholarship accepted by the Membership
Committee or have such experience in the field of consulting archaeology
as considered suffiecient by the Membership Committee for admission
as an associate member; 2.2.3 Affiliate Membership Criteria 16. Each applicant for affiliate membership shall: (a) have an honours degree or postgraduate degree
in Prehistory, Historical Archaeology or other field of scholarship
accepted by the Membership Committee or such experience as is considered
sufficient by the Membership Committee for admission as an affiliate
member; 17. The National Executive Committee may admit any person as an honorary member of the Association without the payment of any entrance fee or subscription. The period of honorary membershp may be for a limited time or for the life of the person so admitted. An honorary membership may be cancelled by the National Executive Committee at any time. 18. The entrance fees payable by each class of membership shall be such sum as may from time to time be determined by the National Executive Committee and such entrance fees shall be payable as and when the National Executive Committee shall direct. The National Executive Committee may suspend or waive payment of the entrance fee in favour of any person or class of persons wishing to become members of the Association. 19. The annual subscriptions payable by each class of membership shall be such sum as shall from time to time be determined by the National Executive Committee and shall be payable in advance. 20. The National Executive Committee may fill from time to time the annual subscription at different rates in favour of any member or class of members. A meeting of members may revoke or alter any subscription rate so fixed by the National Executive Committee, such revocation or alteratioin taking effect from the date of the resolution or the date specified by the resolution if it is a later date. 21. If any member shall fail to pay that member's annual subscription within one month of the due date, that members shall not be entitled, whilst the subscription remains due, to: (a) nominate a member as a candidate for election
to an office within the Association; 22. If any member shall fail to pay that member's annual subscription within one year of the due date, that member shall cease to be a member of the Association. 23. Full members only shall be entitled to quote membership of the Association as a professional qualification in the form "MAACAI". 24. Full members shall be entitled and obliged to take out and maintain any professional indemnity cover available from time to time under an Association group scheme. 25. Affiliate members shall be entitled to quote membership of the Association as a professional qualification in the form "AACAI (Affiliate)". 26. The National Executive Committee may from time to time limit and/or determine the number of services to which members or a class of members are entitled as to any of the services offered by the Association to its members. 27. If in any case an individual member has in the opinion of the National Executive Committee received during the period of the member's membership an excessive number of services the National Executive Committee may (notwithstanding anything done by the National Executive Committee under the preceding Rule) limit and/or determine the number of services to which such individual members shall from then be entitled as to any of the services offered by the Assocation to its members. 2.3.1 Progession from Associate Membership to Full Membership 28. After not less than one year of associate membership an associate member may (apply to the Membership Secretary for a transfer to full membership. The Membership Secretary shall refer such application to the Membership Committee. If the associate member then meets the criteria set out in the Rules for full membership, the Membership Committee shall advise the National Executive Committee that the application ought to be accepted. Rules 8, 9 and 10 shall apply in dealing with the application. The Association expects Associate Members to apply for Full Membership after five years of full-time consultancy activity (or equivalent). If Associate Members have not applied for Full Membership within 5 years, they must demonstrate to the NEC why they should continue as an Associate Member. 29. If an applicant has not been able to demonstrate to the satisfaction of the Membership Committee that the applicant is eligible for full membership the progression of the associate member to full membership may be reviewed again (upon the application of the member) by the Membership Committee after not less than one year. 2.3.2 Ceasing to be a Consultant 30. Any full member who takes up full time employment outside the field of consulting archaeology shall immediately notify the Membership Secretary of that fact in writing. If such notification is coupled with a request for a transfer to affiliate membership the Membership Secretary shall effect such transfer. If such notification is not so coupled then the member is taken to have resigned his or her membership with effect from the date of such notification. 31. Any member sho became an affiliate member under the preceding Rule and who subsequently resumes work in the field of consulting archaeology shall apply to the Membership Secretary for a retransfer to full membership. If the application is made within 5 years of becoming an affiliate member the Membership Secretary shall retransfer the member to full membership. If the application is made outside that time the Membership Secretary shall refer such application to the Membership Committee. If the affiliate member meets the criteria set out in the Rules for full membership, the Membership Committee shall advise the National Executive Committee that the application ought to be accepted. Rules 8, 9 and 10 shall apply in dealing with the application. 32. A person ceases to be a member of the Association if the person: (a) dies; 2.3.4 Membership Entitlements not Transferable 33. A right, privilege or obligation which a person has by reason of being a member of the Association: (a) is not capable of being transferred or transmitted
to another person; and, 2.3.5 Resignation of Membership 34. A member of the Association is not entitled to resign that membership except in accordance with this Rule. A member of the Association who has paid all amounts payable by the member to the Association in respect of the member's membership may resign from membership of the Association by first giving notice in writing to the Membership Secretary of the member's intention to resign and, upon the expiration of the period of notice (if any) specified in the document, the member ceases to be a member. 35. Where a member of the Association ceases to be a member pursuant to the preceding Rule and in every other case where a member ceases to hold membership, the Membership Secretary shall make an appropriate entry in the register of members recording the date on which the member ceases to be a member. 2.3.6 Application by a Former Member 36. Any person who applies for membership of the Association within 5 years of having ceased to be a member (other than by reason of expulsion) and the application is for the same category of membership held within the last 5 years, the applicant shall not be called upon to provide documentary or other evidence relating to the relevant membership criteria and shall be taken to have satisfied such criteria and thereby on payment becomes a member in that category, unless the Membership Committee is on notice that any of such criteria may no longer be satisfied. 37. The Membership Secretary of the Association shall establish and maintain a register of members of the Association specifying the name and address of each person who is a member of the Association together with the date on which the person became a member, the class of membership held and the State Chapter, if any to which the Person belongs. The register of members shall be open for inspection, free of charge, by any member of the Association at any reasonable hour. 38. Where the National Executive Committee is of the opinion that a member of the Association: (a) has refused or neglected to comply with a provision
or provisions of the Objects or Rules or Codes of Conduct; or the National Executive Committee may, by resolution ("the initial resolution"): (i) reprimand the member; 39. Such initial resolution is of no effect unless the National Executive Committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under the next Rule, confirms the initial resolution in accordance with the following Rules. 40. The Secretary shall, as soon as practicable following the passing of the initial resolution, cause a notice in writing to be served on the member: (a) setting out the initial resolution of the National
Executive Committee and the grounds on which it is based; 41. At a meeting of the National Executive Committee held as referred to in the preceding Rule, the National Executive Committee shall: (a) give to the member an opportunity to make personal
oral representaitons; 42. The Secretary shall, within 7 days of the passing of the confirming resolution, by notice in writing inform the member of the fact and of the member's right of appeal under the Rules. 43. A confirming resolution does not take effect: (a) until the expiration of the period within which
the member is entitled to appeal against the confirming resolution
where the member does not excercise the right of appeal within that
period; or 2.3.9 Right of Appeal of Disciplined Member 44. A member may appeal to the Association in a meeting of members against a confirming resolution within 7 days after notice of the confirming resolution is served on the member, by lodging with the Secretary a notice to that effect. 45. Upon receipt of a notice from a member under the preceding Rule, the Secretary shall notify the National Executive Committee which shall convene a meeting of members of the Association to be held within 21 days after the date on which the Secretary received the notice, or as soon as possible after that date. 46. Subject to Section 50 of the Act, at a meeting of members convened under the preceding Rule: (a) no business other than the question of the appeal
shall be transacted; 47. If the meeting of members passes a special resolution in favour of the confirmation of the confirming resolution, the resolution is confirmed. 2.4 COMMITTEES AND PROCEEDINGS 2.4.1 National Executive Committee 48. There shall be a National Executive Committee which shall consist of officers constituted as follows: (a) a full member elected as President; 49. Subject to the Act and other provisions of the Rules, the management and control of the Association and of the business and affairs of the Association shall be vested in the officers of the National Executive Committee who may exercise all such powers of the Association and do all such acts or things as are not by the Rules or by the Act expressly required to be exercised or done by Association in meeting of members. No Rule made or resolution passed by a meeting shall invalidate any prior act of the National Executive Committee which would have been valid if that Rule or resolution had not been made or passed. 50. The National Executive Committee may adopt from time to time Codes of Conduct relating to any matters. A meeting of members may by ordinary resolution revoke or alter any Code of Conduct so adopted by the National Executive Committee, such revocation or alteration taking effect from the date of the resolution or the date specified by the resolution if it is a later date. 51. There shall be a Membership Committee comprised of 7 elected members who may be full members or affiliate members who have been full members within the last five years. 2.4.4 Appointment and Removal of Officers 52. At the conclusion of every second annual general meeting all of the officers, whether elected or appointed, of each of the National Executive Committee and the Membership Committee shall retire from office. 53. The nomination of a State Delegate (and his or her Alternate) to the National Executive Committee by each State Chapter shall be made by notice in writing by the State Chapter to the Returning Officer at the administrative office by the date fixed in accordance with the Rules for close of nominations for elected officers. No nomination shall be valid unless the member nominated consents to act as a State Delegate (or Alternate State Delegate, as the case requires) and the nomination paper and consent are received before the close of nominations. 54. The election of elected officers of each of the National Executive Committee and the Membership Committee shall be by ballot and conducted in the manner set out in the Rules. 55. No member: (1) shall be capable of being elected an officer
unless duly nominated. 56. A nomination shall name the candidate and the position for which election is sought and be signed by not less than 2 members. 57. Nominations shall be made to the Returning Officer at the administrative office and shall close on a date to be fixed each election year by the National Executive Committee such date being not later than one month before the date fixed for the holding of the annual general meeting. 58. No nomination shall be valid unless the member nominated consents in writing to act if elected and the nomination paper and consent are received before the close of nominations. The consent shall be sufficient if the member signs a form of consent on the nomination paper but the Returning Officer may accept any other form of consent whether accompanying the nomination paper or not that the Returning Officer deems satisfactory, and such acceptance shall be final. The member may withdraw his or her consent to nomination at any time before the close of nominations by lodging with the Returning Officer a notice of withdrawal, and as a consequence the nomination shall be cancelled. 59. A nomination for election to the National Executive Committee shall be invalid if the candidate has been: (a) nominated, as at the close of nominations, for
election to more than one position on that Committee at the same
election; or 60. A member may be nominated for election to both the National Executive Committee and the Membership Committee. 61. The succeeding Rules dealing with elections shall be interpreted on the basis that: (a) in the case of the election of elected officers
of the National Executive Committee a separate ballot is required
to fill each position; 62. If the number of candidates nominated is not greater than the number of candidates required to be elected no ballot shall be conducted and the chairperson at the annual general meeting shall declare the candidates nominated duly elected to the relevant office. 63. If the number of candidates nominated is greater than the number required to be elected a ballot shall be conducted with voting at the ballot to close on a date to be fixed in each year by the National Executive Committee such date being not later than 7 days before the date fixed for the holding of the annual general meeting. 64. The Returning Officer or such other person as may be slected by the National Executive Committee, shall act as returning officer. 65. The returning officer shall cause ballot papers to be prepared. The ballot papers shall contain: (a) the names of the candidates in alphabetical
order; 66. The National Executive Committee may from time to time determine the manner of identifying the member. Whatever Procedure is determined on (whether it be by recording particulars on an envelope addressed to the returning officer, the use of slips of paper, a second envelope for enclosing the ballot paper, technical devices or all otherwise) the requirements of the next 3 Rules should be read subject to the procedure so determined by the National Executive Committee. Unless otherwise determined by the National Executive Committee the procedure shall be as set out in the next 2 Rules. 67. The returning officer shall dispatch (in any manner permitted by the Rules) to each member entitled to vote at meetings of members a ballot paper and my dispatch an envelope addressed to the returning officer. The envelope may be prepaid and shall provide on it for the member to record particulars which identify the member such particulars being determined from time to time by the National Executive Committee. 68. A member who wishes to vote shall record the members vote by: (a) completing the ballot paper in accordance with
the directions shown on it or material which accompanied the ballot
paper when dispatched; 69. Upon receipt of an envelope purporting to contain a ballot paper, the returning officer shall examine the name or other particulars on the envelope and if satisfied by such examination that a member of the name or with such particulars is on the register of members, is entitled to vote and has not apparently already voted in that ballot, accept the ballot paper in that envelope for scrutiny but the returning officer shall reject any ballot paper where the returning officer is not so satisfied or where the envelope is received after the close of the ballot. 70. The scrutiny of the ballot papers shall commence after the close of the ballot, and shall be conducted by the returning officer. A ballot paper shall be interpreted in accordance with the voter's intention so far as that intention is clear. 71. The returning officer shall count the votes given for each candidate on all valid ballot papers. If any candidates have an equal number of votes the returning officer shall have a casting vote which may be determined by lot. The returning officer shall make out and sign a report setting out the number of votes given for each candidate and shall convey the report to the President or, in the absence of the President, the Vice Preisent. 72. The chairperson at the relevant annual general meeting shall declare: (a) elected as officers of the Membership Committee,
the 7 candidates who, according to the returning officer's report,
have received the highest number of votes (or are elected unopposed); 73. Any vacancy in either the National Executive Committee or the Membership Committee to occur at the conclusion of an annual general meeting not filled under the precending Rule shall be treated as a casual vacancy and the person appointed to fill that type of vacancy shall hold office until the second following annual general meeting and is eligible for re-election. 74. The non-receipt of a ballot paper by a member, the omission of the returning officer to forward a ballot paper to a member, or the failure of either a member or the returning officer to comply strictly with any of the technicalities required by the Rules shall not invalidate an election. The returning officer, in cases where a member voting has not strictly complied with the directions as regards the manner of recording votes, the returning of the ballot paper and recording of particulars to identify the member or the technicalities required by the Rules, shall have a discretion, if the returning officer is satisfied as regards the identity of the member voting, to accept the ballot paper of such member and count the member's vote. 75. The officers elected and appointed at an annual general meeting shall take office immediately after such meeting for two years. 76. Any officer may retire from office by giving natice in writing to the Association of the officer's intention to do so. Such resignation shall take effect forthwith unless the resignation is stated in the notice to expire at some future time in which event it shall take effect upon the expiration of such time or the date 3 months from the giving of the notice, whichever is the earlier. 77. Any State Chapter may at any time (except between close of nomination and the annual general meeting in an election year) by notice in writing remove the State Delegate (or Alternate State Delegate) of that State Chapter from that office and may appoint a new State Delegate (or Alternative State Delegate, as the case requires) (who is not already an officer of the National Executive Committee) in his or her place. 78. Every such notice appointing or removing a State Delegate (or Alternate State Delegate) shall be left with or sent through the post to the Secretary at the administrative office and when it is left or received the office of the State Delegate (or Alternate State Delegate, as the case requires) shall be deemed to be vacated and the new State Delegate (or Alternate State Delegate) whall be entitled to act. 79. A State Delegate (or Alternate State Delegate) appointed under the 2 preceding Rules holds office until the expiration of the term of office of the State Delegate (or Alternate State Delegate) so removed. 80. A meeting of the members may be ordinary resolution remove any elected officer from office before the expiration of the officer's term of office and may by ordinary resolution appoint another member to hold office until the expiration of the term of the office of the officer so removed. 81. Where an officer to whom a proposed resolution referred to in the preceding Rule makes representations in writing to the Secretary or President (not exceeding a reasonable length) and requests that the representations be notified to the members of the Association, the Secretary or the President may send a copy of the representations to each member or, if they are not so sent, the officer is entitled to require that the representation is be read out at the meeting of members at which the resolution is considered. 82. In addition to the circumstances in which the office of an officer of either the National Executive Committee or the Membership Committee becomes vacant by virtue of the Act or other provisions of the Rules, the office shall, by the very fact, be vacated if the officer: (a) becomes mentally incapable or the officer's
estate is liable to be dealt with in any way under the law relating
to mental health; 83. The continuing officers of the National Executive Committee and the Membership Committee may act despite any vacancy in the Committee. 84. The National Executive Committee may at any time and from time to time appoint any member of the Association (who is not already an officer of the relevant committee) as an officer to fill a casual vacancy in the elected positions of either the National Executive Committee or the Membership Committee. 85. A State Chapter may at any time and from time to time appoint any member of the Association (who is not already an officer of the National Executive Committee) as its State Delegate or Alternate State Delegate to fill a casual vacancy in that position. 86. Any person appointed under either of the 2 preceding Rules shall hold office until the expiration of the term of office of the officer that the person replaces. 87. The Secretary shall, within one month, notify the Registrar of appointments to any position on either committee, any changes of address for members of either committee, and when a position becomes vacant. 88. It is the duty of the Secretary to: (a) conduct the correspondence of the Association; 89. It is the duty of the Treasurer to: (a) ensure that all money due to the Association
is collected and received and that all payments authorised by the
Association are made; 90. It is the duty of the Membership Secretary to: (a) convene and attend meetings of the Membership
Committee; 91. It is the duty of each State Delegate to liaise between the relevant State Chapter and the National Executive Committee. 92. An Alternate State Delegate is entitled to notice of meetings of the National Executive Committee and, if the State Delegate is not present at such a meeting, is entitled to attend and vote in his or her stead. In that event, an Alternate State Delegate may exercise any powers that the State Delegate may excercise and the exercise of any such power by the Alternate State Delegate shall be deemed to be the exercise of the power by the State Delegate. 93. Officers of each of the National Executive Committee (whether office bearers or not) and Membership Committee shall have, in addition, the duties found elsewhere in the Rules. 94. The National Executive Committee shall appoint a person who is of at least 18 years of age, whether a member or not, resident in the Australian Capital Territory, to be the Public Officer of the Association. The person appointed may hold any other office in the Association. If the office of Public Officer at any time becomes vacant, the National Executive Committee shall, within one month after it becomes vacant, appoint a person resident in the Territory to fill the vacancy. It is the duty of the Public Officer to comply with the obligations imposed by the Act on a person holding that office. 2.4.7 Proceedings of National Executive Committee 95. The officers of the National Executive Committee may meet together for the dispatch of business, adjourn and otherwise regulate their meetings as they see fit. The officers may conduct their meetings by telephone or other form of communication without an officer being in the physical presence of another officer or other officers providing all officers are thereby enabled to hear and be heard by each other. 96. A quorum of officers at such meetings shall be 5. 97. The President may at any time convene a meeting of the National Executive Committee to be held at such time and place as the President chooses and such meeting shall not be invalidated by reason only of lack of convenience if a quorum of officers forms. 98. The Secretary, upon the request of any other officer, shall convene a meeting of the National Executive Committee to be held at such time and place as is convenient to the National Executive Committee. 99. Notice of every National Executive Committee meeting shall be given by such means as is convenient (including by telephone) to each officer who is, in the belief of the Secretary, within Australia but it shall not be necessary to give notice of a meeting of the National Executive Committee to any officer who is absent from Australia or who has been given special leave of absence. 100. The President or, in the President's absence the Vice President, or in the absence of both, the Secretary, shall be entitled to take the chair at each meeting of the National Executive Meeting. If none of those persons is present within 15 minutes after the time appointed for holding such meeting, or none of them is willing to take the chair, the officers present may choose one of their number as a chairperson of the meeting. 101. Questions arising at any meeting of the NEC shall be decided by a majority of votes and each officer shall have one vote except for the Returning Officer who shall not have a vote. In the case of an equality of votes, the chairperson shall have a second or casting vote. 102. A resolution in writing signed by a majority of the officers for the time being entitled both to receive notice of a meeting of the NEC and to vote on the resolution shall be as valid and effective as if it had been passed at a meeting of the NEC convened and held. Any such resolution may consist of several documents in like form each signed by one or more officers. If the documents are signed on different days, the meeting shall be deemed to have been held on the day on which the document was last signed by an officer thereby constituting that majority of the officers unless the document, by its terms, is said to take effect from an earlier date. A telex, telegram, facsimile transmission, computer transmission or such similar means of communication addressed to or received by the Association and purporting to be signed by an officer shall, for the purpose of this Rule, be deemed to be in writing signed by such officer. 103. All acts done at any meeting of the NEC or of a committee of officers or by any person acting as an officer shall, despite the fact that later it is discovered that there was some defect in the appointment or continuance in office of such officer or person, or that they or any of them were disqualified or were not entitled to vote, be as valid as if every such person had been duly appointed or had duly continued in office and was qualified to be an officer and was entitled to vote. 104. Despite any rule of law or equity to the contrary, no officer shall be disqualified by that office from contracting with or holding any other position under the Association. Any such contract, or any contract entered into by or on behalf of the Association in which any officer shall be in any way interested, shall not be avoided. Any officer so contracting or being so interested shall not be liable to account to the Association for any profit realised by such contract by reason only of such officer holding that other position or of the fiduciary relationship thereby established. The nature of the officer's interests must be disclosed by that officer at the meeting of the NEC at which the contract is determined on if that interest then exists and has not been disclosed or in any other case at the first meeting of the NEC after the acquisition of those interests. An officer may not vote in that capacity in respect of any contract or arrangements in which the officer is interested but may be counted, for the purpose of any resolution regarding it, in the quorum present at the meeting any may, despite that interest, participate in the execution of any instrument by or on behalf of the Association and whether through signing or sealing it or otherwise. 105. The NEC may, in its absolute discretion, pay each officer all travelling and other expenses incurred by him or her in connection with his or her attendance at meetings of the NEC and meetings of members or otherwise in the execution of duties as an officer of the NEC. 106. The NEC may, by resolution or by power of attorney or writing under the seal, delegate any of its powers to committees consisting of such member or members of its body or any other person or persons as it may think fit to act. Any committee so formed or person or persons so appointed shall, in the exercise of the powers so delegated, conform to any regulations that may from time to time be imposed by the NEC. 107. The meetings and proceedings of any committee shall be governed by the provisions in the Rules for regulating the meetings and proceedings of the NEC so far as they are capable of application and not affected by any resolution or regulation made by the NEC under the preceding Rule. 2.4.8 Proceedings of the Membership Committee 108. The officers of the MC shall at their first meeting after their election at an annual general meeting elect a chairperson and vice-chairperson from amonst themselves. 109. The officers of the MC may meet together for the dispatch of business, adjourn and otherwise regulate their meetings as they see fit. The officers may conduct their meetings by elephone or other form of communication without an officer being in the physical presence of another officer or other officers providing all officers are thereby enabled to hear and be heard by each other. 110. A quorum for the MC Meetings shall be 3 voting officers. 111. The Membership Secretary may at any time convene a meeting of the MC to be held at such time and place as the Membership Secretary chooses and such meeting shall not be invalidated by reason only of lack of convenience if a quorum of officers forms. 112. The Membership Secretary, upon the request of any other officer, shall convene a meeting of the MC to be held at such time and place as is convenient to the MC. 113. Notice of every MC meeting shall be given by such means as is convenient (including by telephone) to each officer who is, in the belief of the Membership Secretary, within Australia but it shall not be necessary to give notice of a meeting of the MC to any officer who is absent from Australia or who has been given special leave of absence. 114. The chairperson or, in the chairperson's absence the vice-chairperson, or in the absence of both, the Membership Secretary, shall be entitled to take the chair at each meeting of the MC. If none of those persons is present within 15 minutes after the time appointed for holding such meeting, or none of them is willing to take the chair, the officers present may choose one of their number as a chairperson of the meeting. 115. Questions arising at any meeting of the MC shall be decided by a majority of votes and each officer shall have one vote except for the Membership Secretary who shall not have a vote. In case of an equality of votes, the chairperson shall not have a second or casting vote. 116. A resolution in writing signed by a majority of the officers for the time being entitled both to receive notice of a meeting of the MC and to vote on the resolution shall be as valid and effective as if it had been passed at a meeting of the MC duly convened and held. Any such resolution may consist of several documents in like form each signed by one or more officers. If the documents are signed on different days, the meeting shall be deemed to have been held on the day on which the document was last signed by an officer thereby constituting that majority of the officers unless the document, by its terms, is said to take effect from an earlier date. A telex, telegram, facsimile transmission, computer transmission or such similar means of communication addressed to or received by the Association and purporting to be signed by an officer shall, for the purpose of this Rule, be deemed to be in writing signed by such officer. 117. All acts done at any meeting of the MC or by any person acting as an officer shall, despite the fact that later it is discovered that there was some defect in the appointment or continuance in office of such officer or person, or that they or any of them were disqualified or were not entitled to vote, be as valid as if every such person had been duly appointed or had duly continued in office and was qualified to be an officer and was entitled to vote. 118. The NEC may, in its absolute discretion, pay each officer of the MC all travelling and other expenses incurred by him or her in connection with his or her attendance at meetings of the MC or otherwise in the execution of duties as an officer of that committee. 119. Any 5 members ordinarily resident in a particular State or Territory of Australia may apply to the NEC for recognition as a State Chapter. Only one State Chapter shall be recognised for each State or Territory of Australia. 120. The Secretary shall include the application for such recognition as an item of business in the next notice calling a meeting of members given after receipt of the application. 121. A State Chapter shall come into operation only upon being recognised by an ordinary resolution. Recognition may be revoked by an ordinary resolution in which event the State Chapter concerned is dissolved. 122. Upon a State Chapter coming into operation each member of the Association who, according to the register of members, has his or her address within the State or Territory concerned shall be deemed to be a member of that State Chapter. 123. A member of the Association may be a member of only one State Chapter at a time. A member who has changed or is about to change his or her address to a place outside the State or Territory in which, according to the register of members, the member is located, shall notify that fact in writing as soon as possible to the Membership Secretary who shall then amend the register of members and transfer the member from the State Chapter, if any, to which he or she belonged to membership of the State Chapter, if any, to which he or she should belong by reason of the change in address. 124. If a member of the Association is located in a State or Territory of Australia for which there is no State Chapter in operation the member may apply to the Membership Secretary to be made a member of any State Chapter nominated by the member in the application. The Membership Secretary shall enter such member in the register of members as a member of the State Chapter nominated. 125. The name of the State Chapter shall be preceded by the full name of the Association. 126. Each State Chapter shall carry out and further the Objects of the Association. 127. For each State Chapter there shall be a Sate Executive Committee which shall consist of officers constituted as follows: (a) a full member of the State Chapter elected as
Chairperson; 128. The NEC may, by resolution or by power of attorney or writing under the seal, delegate any of its powers to a State Executive Committee of a State Chapter or officers of any such Committee. Any committee so formed or person or persons so appointed shall, in the exercise of the powers so delegated, conform to any regulations that may from time to time be imposed by the NEC. 129. So far as they are capable of application and not affected by any resolution or regulation made by the NEC under the preceding Rule: (a) the meetings and proceedings of members of a
State Chapter shall be governed by the provisions in the Rules for
regulating the meetings and proceedings of the members of the Association
at large; and 130. The NEC shall appoint the initial officers of the State Executive Committee following its coming into operation. Such officers shall retire at the annual general meeting of the State Chapter nominated by the NEC. 131. A State Executive Committee may, by resolution or by power of attorney, delegate any of its powers to committees consisting of such member or members of the State Chapter or any other person or persons as it may think fit to act. Any committee so formed or person or persons so appointed shall, in the exercise of the powers so delegated, conform to any regulations that may from time to time be imposed by the State Executive Committee. 132. Except where the nature of the business proposed to be dealt with at a meeting of members requires a special resolution, the Secretary shall, at least 14 days before the date fixed for the holding of the meeting of members, cause to be sent to each member a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting. 133. Where the nature of the business proposed to be dealt with at a meeting of members requires a special resolution, the Secretary shall, at least 21 days before the date fixed, for the holding of the meeting of members, cause notice to be sent to each member in the manner provided in the preceding Rule specifying, in addition to the matter required under that Rule, the intention to propose the resolution as a special resolution. 134. A member desiring to bring any business before a meeting of members may give notice in writing of that business to the Secretary who shall include that business in the next notice calling a meeting of members given after receipt of the notice from the member. The Secretary shall not be obliged to include such business if it is not competent for a meeting of members to deal with such business. 135. The Association shall, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the Association, convene an annual general meeting of its members. 136. The NEC or the President may whenever it or the President thinks fit convene a meeting of members. 137. The NEC shall, on the requisition in writing of members who are together entitled to not less than 5% of the total voting rights of all the members having at the date of deposit of the requisition a right to vote at meetings of members, forthwith convene a meeting of members ot be held as soon as practicable but, in any case, not later than 3 months after the date of the requisition. The NEC shall not be obliged to comply with such requisition to the extent that it is not compentent for a meeting of members to deal with the business proposed by the requisitioning members. 138. The requisition shall state the reasons for the meeting and shall be signed by the requisitioning members and deposited at the administrative office and may consist of several documents in like form each signed by one or more of the requisitioning members. 139. The accidental omission to give notice of any meeting of members to, or the non-receipt of any such notice by, any of the members shall not invalidate the proceedings or any resolution passed at any such meeting. 140. The NEC shall have power to cancel or postpone the holding of any meeting of members other than one convened by requisitioning members or in response to a requisition by members. The NEC may notify the members of such cancellation or postponement by such means as they see fit. Whenever any meeting is postponed for 30 days or more, then no less than 5 days' notice shall be sent to the members of every such postponed meeting but it shall not be necessary to specify in such notice that nature of the business to be transacted at such postponed meeting. 141. Each member shall be entitled to attend any meeting of members. A person who is not a member shall not be entitled to attend a meeting without leave of the meeting or its chairperson. 142. The President, or in the President's absence the Vice President, or in the absence of both, the Secretary, shall be entitled to take the chair at each meeting of members. If none of those persons is present within 15 minutes after the time appointed for holding such meeting, or none of them is willing to take the chair, the officers of the NEC may choose one of their number as a chairperson and if no officer of the NEC present is willing to take the chair the members present shall choose one of their number to be chairperson of the meeting. 2.5.1 Proceedings at Meetings of Members 143. No business shall be transacted at any meeting of members unless a quorum of members is present at the time when the meeting proceeds to business. A quorum shall be 5 members personally present. 144. If a quorum is not present within 30 minutes from the time appointed for a meeting of members: (a) where the meeting was convened by or in response
to the requisition of members, the meeting shall be dissolved; or 145. The business of an Annual General Meeting shall be to: (a) receive the declaration of the election and
appointment of officers of the NEC and the MC; All other business transacted at an Annual General Meeting, and all business transacted at other meetings of members, shall be deemed special. 146. No special business may be introduced at any meeting of members other than that stated in the notice convening the meeting unless the chairperson consents, or three-fourths of the members personally present vote to consent. 147. The chairperson of a meeting of members at which a quorum is present may, and shall if so directed by the meeting, adjourn the meeting from time to time and from place to place as the chairperson shall determine. No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. It shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting unless it is adjourned for 30 days or more in which event notice of the adjourned meeting shall be given. 2.5.2 Voting at Meeting of Members 148. Each member, who is otherwise entitled to vote under these rules, shall only be entitled to one vote, whether on show of hands or on a poll being taken. 149. Votes may be given either personally or by proxy or by attorney. No person shall be entitled to vote unless the person is a member and present in person or by proxy or attorney and all Rules relating to the relevant certificate or instrument of appointment have been complied with. 150. Only another member shall be eligible to be appointed a proxy. 151. On a show of hands every member personally present shall have one vote and on a poll every member present in person or by proxy or attorney shall have one vote. 152. Every question submitted to a meeting of members shall be decided by a show of hands unless a poll (before or on the declaration of the result of the show of hands) is demanded by: (a) the chairperson; 153. At any meeting of members (unless a poll is so demanded) where a declaration by the chairperson that a resolution has been carried, or carried by a particular majority, or lost, or has not been carried by a particular majority, an entry in the book containing the minutes of proceedings of the Association shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. 154. If a poll is duly demanded it shall be taken in such manner, at such place and at such time either at once or after an interval or adjournment or otherwise as the chairperson directs and the result of the poll shall be the resolution of the meeting at which the poll was demanded. A poll demanded on any question of adjournment shall be taken at the meeting and without an adjournment. The demand for a poll shall not prevent the continuance of a meeting for the transaction of any business other than the question on which a poll has been demanded. The demand for a poll may be withdrawn. 155. In the case of an equality of votes the chairperson of the meeting shall, on a show of hands and on a poll, have a casting vote (in addition to the chairperson's vote as a member) but shall not be obliged to exercise such casting vote. 156. No objections shall be made as to the validity of any vote except at the meeting or adjourned meeting or poll at which such vote is tendered and every vote not disallowed at such meeting or poll shall be valid. In recording votes the latest copy of the Register of Members shall be adopted and acted on as the voting roll in respect of members on such register. 157. The chairperson of any meeting of members shall be the sole judge of the validity of every vote tendered at such meeting and the chairperson's determination shall be final and conclusive. 158. An instrument appointing a proxy (and the power of attorney, if any, under which it is signed or proof of it to the satisfaction of the NEC) shall be deposited at the administrative office (or at such place as is specified for that purpose in the notice convening the meeting) not less than 24 hours before the time for holding of the meeting or adjourned meeting as the case may be at which the person named in such instrument purposes to vote. 159. A power of attorney and an instrument appointing a proxy shall be in writing and signed by the member appointing their attorney and by the member appointing another member as their proxy, respectively. 160. Unless the NEC in determining the form of the instrument specifies otherwise, an instrument appointing a proxy shall only be for a single meeting and each instrument shall specify the day upon which the meeting at which it is intended to be used is to be held and it shall be operative only for the meeting so specified and any adjournment of that meeting. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll. 161. Every instrument appointing a proxy shall be in the form determined by the NEC from time to time and: (a) may make provision for the chairperson of the
meeting to act as proxy in the absence of any other appointment
or if the member or members nominated fails or all fail to attend; 162. A vote given or act done in accordance with the terms of an instrument appointing a proxy or power of attorney shall be valid despite the previous death of the principal, or revocation of the proxy or power of attorney, or cessation of membership in respect of which the vote is given or act done, provided no intimation in writing of the death, revocation or cessation shall have been received at the administrative office or by the chairperson of the meeting before the vote is given or act done. Any proxy may be revoked at any time. The chairperson's decision as to whether a proxy has been revoked shall be final and conclusive. 163. Until otherwise resolved by ordinary resolution, the financial year of the Association shall end on 30 June in each year. 164. The NEC shall send to each member not less than 7 days before each Annual General Meeting an Annual Report, adopted by the NEC and audited in accordance with the Act and Rules, such report comprising, at least, a statement which is not misleading and which gives a true and fair view of: (a) the income and expenditure of the Association
during its last financial year; and 165. The NEC shall appoint a person who is not a member or the Public Officer to audit and report on whether the Annual Report gives a true and fair view of the income, expenditure, assets and liabilities as referred to in the preceding Rule. The committee may at any time remove and replace any auditor. 166. The NEC shall have custody and shall determine whether and to what extent, and at what time and places and under what conditions, the accounting records and other documents of the Association or any of them will be open to inspection by members other than officers of the NEC, and a member other than such an officer does not have the right to inspect any document of the Association except as provided by law or authorised by the NEC or by a meeting of members. 167. The common seal of the Association shall be kept in the custody of the Secretary. The seal shall not be affixed to any instrument except by the authority of a resolution of the NEC. Every document to which the seal is affixed shall be signed by 2 persons being any 2 of the elected officers of the NEC or one such officer and or such other person as the NEC may appoint for the purpose. No person may sign in more than one capacity. 168. Where the Rules, the Act or other legislation requires or permits a document to be served on, given, sent or dispatched to, any person, whether any such expression or any other expression is used (in this and the next Rule referred to as 'served') the document may be served on the person: (a) by delivering it to the person personally; 169. A document served under the preceding Rule shall be deemed to have been duly served, irrespective of whether it is actually received: (a) where paragraph (b) of that Rule applies - on
the day following the day when dispatch occurred; and 170. It shall not be necessary to give a ballot paper or a notice of meeting of members to any person entitled to receive same where the address in the Register of Members is outside Australia. 171. Where a specified number of days notice or notice extending over any period is required to be given, both the day of service and the day upon which notice will expire shall be included in such number of days or other period. 172. Every person who is or has been an officer of the Association shall be indemnified out of the available assets of the Association against any liability incurred by that person in such capacity in defending any proceedings whether civil or criminal in which judgement is given in that person's favour or in which that person is acquitted or in connection with any application in which relief is granted to that person by the court. 173. Every person who is or has been an officer of the Association (and their respective executors or administrators) shall be indemnified by the Association from and against all costs, losses and expenses which any such person may properly incur or become liable to pay by reason of any contract properly entered into or other proper act or proper thing done by any of them as such officer, or in any way in the proper discharge of that person's duties, and it shall be the duty of the NEC to pay the same out of the available assets of the Association. 174. The Association may by special resolution alter or add to its Name, Objects or Rules. 175. An alteration or addition so made in the Objects or Rules, provided any other requirements of the Act have been satisfied, shall take effect upon the requisite filing having been made in accordance with the Act. 176. The Association may, by special resolution, change its existing name. An Application in the approved form is to be completed by 2 members of the committee. Provided that the name is approved by the Register the name change will be effective on issue of the certificate of incorporation in the new name. 177. No member shall be liable to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of a winding up of the Association. 178. If upon the winding up or dissolution of the Association, there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall be given or transferred to some other institution or institutions having objects similar to the Objects of this Association and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Association under or by virtue of Clause 4, such institution or institutions to be determined by the NEC of the Association at or before the time of dissolution and in default thereof, by such judge of a court as may have or acquire jurisdiction in the matter. 1. FOREWORD 1.1 Members agree that as archaeologists we have certain responsibilities to the public, our employers and clients and our colleagues, and undertake to abide by the Code of Ethics as set out below to the best of our ability. 2. DUTY TO THE PUBLIC 2.1 A member should take a responsible attitude to the archaeological resource base and to the best of her/his understanding ensure that this, as well as information derived from it, are used wisely and in the best interest of the public. 2.2 A member shall not recommend or take part in any research which she/he is not qualified. 2.3 A member shall not recommend or take part in any research which she/he has good reason to believe may be sub-standard. 2.4 A member shall ensure that all relevant data pertaining to the resource base should be deposited with an appropriate government authority or archive. 3. DUTY TO CERTAIN GROUPS 3.1 A member shall be sensitive to, and respect the legitimate concerns of groups whose cultural background is the subject of investigations. 4.1 A member shall offer appropriate remuneration for time, expertise, personal cost and inconvenience incurred in the giving of information, sought by a member of the association. 5.1 A member shall keep informed about developments in her/his field of expertise and be willing to share such knowledge to improve the general standard of archaeological work. 5.2 A member shall avoid discrediting the profession by knowingly undertaking work beyond her/his competence. 5.3 A member shall respect the professional interests of colleagues as far as is ethical in terms of the interests of the public and the discipline. 5.4 Where a member has been asked for a second opinion, she/he shall advise the first archaeologist that she/he has been so requested. 5.5 A member shall not refuse a reasonable request from a qualified colleague for research data and shall endeavour to pass on relevant information to interested colleagues and appropriate official bodies. 5.6 The consultant should not knowingly compete with another for employment to the detriment of professional standards. 5.7 A member must state clearly the evidence on which the report is based, to what extent it is a matter of personal observation and the qualifications and experience of any co-workers quoted. 5.8 A member shall plan and complete any work as carefully and competently as possible under the circumstances and remembering that the information gained matters in terms of the discipline of archaeology as well as the problems of the employer or client. 6.1 A member shall report on work accurately, promptly and in the manner that best serves the public, the employer or client. 7.1 The consultant's findings, recommendations, etc., shall be based upon professional knowledge and opinion and should avoid exaggerated and ill-founded statements. 8.1 A member shall not knowingly misrepresent the needs, problems or possible consequences of a project. 8.2 A member shall not attempt to discredit the competence or integrity of a colleague unless she/he considers it is professional or public duty to do so. 9. LIMITATION 9.1 A member shall advise the employer or client to engage other expert consultants for aspects of a project beyond her/his own competence. No concealed fee shall be accepted for such referrals. 10. TRAINING OF POTENTIAL ARCHAEOLOGISTS 10.1 A member shall give less qualified co-workers on a project every reasonable opportunity to gain skills and experience and shall negotiate adequate and appropriate remuneration for such work with regard to the skills of the co-worker and requirements of the job. 11.1 A member shall give due credit for work done by others (including subordinates) as consultants and/or researchers, and acknowledge ideas and methods originating from other persons unless such contributions have become generally known. 12.1 A member shall avoid placing her/himself under any obligation to any person or organisation if doing so could affect her/his impartiality in professional matters. 13.1 A member shall not use confidential non-archaeological information acquired during work for an employer or client without due permission from that employer or client. 13.2 A member shall respect such information and ensure that co-workers do the same. 13.3 A member shall not disclose such information unless the law so requires. 14.1 A member shall not be described as or claim to be an archaeological consultant unless she/he can act as an independent and unbiased adviser and has suitable qualifications and experience. 15.1 A member shall take care to know of and comply with all relevant legal requirements. 15.2 A member shall refuse any request from an employer or client or any other persons, which involves illegal or unethical behaviour, such as suppression or misrepresentation of information. 15.3 A member shall not engage in any illegal or unethical conduct involving archaeological matters. 16.1 On any job where a qualified archaeological assistant is necessary or required, a qualified archaeologist who is a member of this Association should be given preference of employment. 17.1 The recommended fee scales of employees shall be regarded as a minimum and shall not be undercut. 4. CONSULTING WITH ABORIGINAL COMMUNITIES POLICY DOCUMENT 1. The Association recognises that Aboriginal sites are of significance to Aboriginal people as part of their heritage and as part of their continuing culture and identity. 2. The Association recognises that Aboriginal communities should be involved in decision-making concerning Aboriginal sites. Aboriginal opinions, concerns and management recommendations should be presented alongside those of the archaeological consultant. 3. The Association recognises that Aboriginal people have a right to be consulted about the intention to undertake archaeological work, to be consulted about the progress and findings of this work, and to be consulted about any recommendations arising from this work. 4. The Association supports the practice of directly involving Aboriginal people in archaeological work, particularly fieldwork. 5. The Association recognises that work undertaken by Aboriginal people on behalf of a member of the Association must be subject to appropriate remuneration in accordance with the Association's recommended scale of fees, or, where appropriate, subject to remuneration above the Association's fee scale where this has been derived from negotiations between the Member and the Aboriginal community. 6. The Association recognises that the circulation or publication of the results of archaeological work must be sensitive to Aboriginal concerns about the disclosure of confidential information about sites. 7. The Association recognises that assistance provided by Aboriginal people and communities should be acknowledged in subsequent written and verbal reports, publications and presentations. 8. The Association recognises that information and documentation derived from archaeological work should be returned to relevant Aboriginal people and their communities. 9. The Association recognises that consultation with Aboriginal communities should be via land councils, co-operatives or other organisations that are generally recognised as legitimately representing the interests and views of Aboriginal people in the relevant locality, area or region.
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