The Budgerigar Council of South Australia Incorporated

Objects & Rules

These Rules become operative on 3rd August 2025. They are binding on all AFFILIATED ORGANISATIONS and INDIVIDUAL MEMBERS who join the Council.

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1. Name of the Association

The name of the Incorporated Association is “The Budgerigar Council of South Australia Incorporated”, hereinafter referred to as “The Council”.

2. Definitions

• “committee” – means the committee of management of The Council.
• “Family membership” – means adults through to juniors (under 18 years of age) in a family situation, noting that the family membership must exhibit at that of the highest-ranking member. No individual of the family membership can be involved in more than one membership nor in a partnership nor show as an individual member. Juniors are an exception to this ruling – each junior of a family membership can show as an individual using rings allocated to that junior. If a breach of the Rules is proven against one member of the family, all members will be held equally responsible.
• “General meeting” – means a general meeting of members of The Council convened in accordance with these rules.
• “member” – means a financial member of The Council.
• “partnership” – means two or more fanciers approved by The Council to form a partnership noting that the partnership must exhibit at that of the highest-ranking member. No individual of the partnership can be involved in more than one partnership nor show as an individual member. A partnership takes precedent in every instance. In the event that a violation of the Rules is established for one member of the partnership, all members will bear equal responsibility.
• “Special resolution” – means a special resolution as defined in the Act.
• “The Act” – means the Associations Incorporation Act 1985.
• “Affiliate Organisation” – means an Affiliate Organisation of The Council. Affiliate Organisation can be Metropolitan Organisations, or Country Organisations.
• “Metropolitan Organisation” is defined as an Organisation interested in the breeding and exhibiting of budgerigars that holds meetings and/or has a postal address within a 50 km radius of the Adelaide G.P.O. To qualify as a Metropolitan Organisation affiliated with the BSCA, the organisation must have at least ten (10) financial Individual Members of The Council. Individual Members can only nominate one ‘Principal Organisation’ for the purpose of this ruling.
• “Country Organisation” is defined as an Organisation interested in the breeding and exhibiting of budgerigars that holds meetings and/or has a postal address outside a 50 km radius of the Adelaide G.P.O. To qualify as a Country Organisation affiliated with the BSCA, the organisation must have at least five (5) financial Individual Members of The Council. Individual Members can only nominate one ‘Principal Organisation’ for the purpose of this ruling.
• “Principal Organisation” is the primary organisation for a Member or Partnership. A member or partnership can only have one Primary Organisation.
• A “Judges Representative” must be nominated at the Judges Meeting and hold Major Award Judge status. If not a Councilor, the Judges Representative is to attend Council meetings, when necessary, in a non-voting capacity.
• The Judges Committee will be established by the Judges Panel.
• “Show Manager”, who may also be a Councilor, shall be appointed by the Committee of Council and will be responsible to The Council on all matters pertaining to Shows and is to attend Council meetings, if not a Councilor, when necessary but in a non-voting capacity.
• “Auditor”, who shall not be required to be formally qualified, shall be appointed by the Individual Members, at the Annual General Meeting to audit the accounts operated by the Office Bearers of The Council and to provide a written report of any such audit to the members at the following Annual General Meeting.

3. Objects, Purposes and Functions

1. To promote, encourage and stimulate the breeding and exhibiting of budgerigars, including the improvement of existing varieties and the development of new.
2. To serve as the State Council for South Australia (Including Broken Hill).
3. To co-operate with other Governing Bodies interested in budgerigars.
4. To affiliate with and function as the South Australian member body of the Australian National Budgerigar Council Inc. (ANBC).
5. To invite and encourage membership of Affiliate Organisations interested in the breeding and exhibiting of budgerigars.
6. To use the Standard of Perfection for the exhibition budgerigar as set by the ANBC.
7. To establish, maintain and recommend uniform rules for all shows and exhibitions held by the Council and its Affiliate Organisations.
8. To establish a panel of Judges from Open Breeders. (To be a member of the Judges Panel, a Judge must be a financial Individual Member of the Council and exhibit a number of birds over a set period of time as nominated by the Council.)
9. To accept a code of ethics for Judges.
10. To ratify recommendations received from the Panel of Judges.
11. To recommend and/or co-ordinate on any matter deemed to be of common interest to Affiliate Organisations.
12. To obtain direction/instruction from Affiliate Organisations on ANBC matters through their delegates.
13. To hold annually a Show to select a team to represent South Australia at the ANBC Championship Show.
14. To host the ANBC Championship Show when required.
15. To compile annually a register of Show and Meeting dates of all participating Affiliate Organisations.
16. To establish and maintain an exhibitor status register for all financial Individual Members and/or Partnerships.
17. To maintain a register of Members. The register of Members must contain the name and address of each member, the date on which the Member was admitted to Council, and the date or reason(s) for the termination of the membership.
18. To do all such other things as may be incidental to the attainment of such objects.

4. Powers

1. The powers of the Council shall be those contained in the Associations Incorporation Act 1985 or any amendment to, and without limiting those powers, the Council shall be entitled to hold real or personal property, and open and operate bank accounts.
2. The Committee shall be entitled to exercise the full powers of the Council, and without limiting those powers shall have the management and control of the funds and other property of the Council, provided that the Council shall not be entitled to borrow money.
3. The Council shall be entitled to suspend or terminate membership with the Council, in line with 5.5.

5. Membership

5.1 Individual and Family Memberships, Partnerships

1. Individual Members shall be people who have agreed to accept the above Objects, Purposes and Functions detailed in Rule 3, paid the prescribed membership fee and who are financial members of an Affiliate Organisation of the Council.
2. Membership entitles an Individual to voting rights at the Annual General Meeting or any other meeting so convened, and the entitlement to purchase Council rings.
3. All Individual Members shall pay a set annual fee as determined and voted upon by the Individual Members at the Annual General Meeting of the Council.
4. Family membership and Partnerships will be treated as one Individual Membership unless separate membership fees have been paid.
5. An Individual under 18 years of age requiring membership shall be deemed a Junior Individual Member upon payment of the prescribed fee.

5.2 Organisation Memberships

1. Organisation Memberships shall be available to organisations that apply in writing, support the Objects and Purposes of the Council, pay the prescribed membership fee, and are accepted by majority vote of the Committee.
2. Affiliate Organisations shall appoint financial Individual Members as representatives who will function as Councilors – refer to 6.4.
3. Individual Members shall be bound by the Rules of the Council and purchase rings solely from the Council via the BCSA Ring Officer.
4. Members may only exhibit birds with one State/Zone at the ANBC annual show.

5.3 Membership Due Date

1. Memberships (Individual, Family, Partnerships, Affiliate) shall be due annually on the 1st of January.

5.4 Cessation of Membership

1. Membership shall cease upon:
   1. Resignation in writing submitted to the Secretary or Public Officer.
   2. Non-renewal of membership within three months of expiry.
   3. Expulsion by Council, as outlined in 5.5.

5.5 Disciplinary Procedures

1. Subject to these Rules and the Act, if the Committee is of the opinion that a member has refused or neglected to comply with the Rules of the Council, or has acted in a manner prejudicial to the interests of the Council, (this applies to Judges and Judging as referenced in the Judges Rules & Guidelines) the Committee may, by resolution:
   1. Suspend that member from membership of the Council for a specified period; or
   2. Expel that member from the Council.
2. The member shall be given an opportunity to respond in writing or in person at the next Committee meeting before any resolution takes effect.
3. Particulars of the charge shall be communicated to the member at least 14 days before the meeting of the Committee at which the matter will be determined.
4. At the meeting, the Committee shall:
   1. Allow the member to speak or present a written submission; and
   2. Consider all representations before reaching a decision.
5. A resolution under Clause 5.5.1 does not take effect unless confirmed at the next Committee meeting following notification.
6. The Secretary shall, as soon as practicable, inform the member in writing of the resolution and the right to appeal.
7. A member may appeal the decision by lodging notice with the Secretary within 7 days of receiving the Committee’s resolution. The appeal shall be heard at a Special General Meeting.
8. At the Special General Meeting:
   1. Both the Committee and the member shall have the opportunity to present their case.
   2. Members present shall vote by secret ballot.
   3. The resolution is confirmed if a majority supports it; otherwise, the member is reinstated.
9. A resolution of expulsion confirmed under this clause takes effect immediately following the conclusion of the Special General Meeting.

6. Committee of Management

6.1 Management

1. The affairs of the Council shall be managed and controlled exclusively by a Committee. In addition to any powers and authorities conferred by these Rules, the Committee may exercise all such powers and do all such things as are within the Objects, Purposes and Functions of the Council.
2. The Council indemnifies each Committee member against any liability incurred in good faith in the course of performing their duties for the Council, except where such liability arises from conduct involving a lack of good faith, negligence, or a breach of the Act.
3. A member of the Committee who has a direct or indirect pecuniary interest in a contract or proposed contract with the Council must disclose the nature and extent of that interest at a committee meeting and must not vote on any matter relating to that contract.

6.4 Composition and Appointments

1. The Committee shall comprise equal representation of Individual Members per Affiliate Organisation, each duly elected by their respective Organisation.
2. From within the Committee, a Chairperson, Vice Chairperson, Secretary, Treasurer and Ring Officer shall be elected annually by Individual Members at the Annual General Meeting or a Special General Meeting.
3. If no nomination is received for a position, the Committee may appoint a suitable member to fill the vacancy until the next General Meeting.

6.5 Public Officer

1. The Committee shall appoint a Public Officer who shall be the official contact with Consumer and Business Services (CBS), responsible for lodging annual returns and notifying CBS of any changes to the Council’s rules, name, or Public Officer.

6.6 Other Officers

1. The Committee may appoint additional Officers as required, including a Judges Representative, Show Manager, Auction Coordinator and Auditor, in accordance with the Council’s operational needs.

6.7 Cessation of Office

1. A Committee member ceases to hold office upon resignation in writing, suspension or expulsion as a member, absence from three consecutive meetings without apology, or if their Affiliate Organisation becomes non-financial or dissolves.

6.8 Interpretation of Rules

1. The Committee shall have the authority to interpret the meaning of these Rules and address any matters relating to the affairs of the Council not otherwise covered in this Constitution.

7. Meetings

7.1 Annual General Meeting

1. The Annual General Meeting shall be held at least once in each calendar year and no more than four months after the close of the financial year.

7.2 Special General Meetings

1. A Special General Meeting shall be called by the Secretary upon directive from the Committee or a written request from at least 10% of financial Individual Members or an Affiliate Organisation. The meeting must be called within 28 days of receipt of the directive.

7.3 Committee Meetings

1. The Committee shall meet at least quarterly.
2. A quorum shall consist of 60% of the Committee members.
3. Decisions shall be made by simple majority (51%) of votes cast.

8. Voting

1. Each Individual Member (aged eighteen and over, and financial for at least 3 months) is entitled to one vote.
2. Family and Partnership memberships are entitled to one vote per person if separate membership fees have been paid.
3. Voting shall be by show of hand unless a poll is demanded by at least five members, in which case voting shall be conducted in a manner decided by the Chairperson.
4. Postal and electronic voting shall be accepted where specified.

9. Officers

9.1 Chairperson

1. The Chairperson shall preside over all meetings, exercise a casting vote where needed, and function as the official spokesperson of the Council. In the absence of the Chairperson, the Vice Chairperson shall preside over that meeting.

9.2 Vice-Chairperson

1. The Vice-Chairperson shall perform the duties of the Chairperson in their absence.

9.3 Secretary

1. The Secretary shall maintain records, give notices of meetings, manage correspondence, and ensure minutes are circulated and verified.
2. The Secretary shall ensure that minutes of the meetings are distributed to Affiliate organisations within 21 days of the end of the meeting.
3. The Secretary shall ensure that records are kept of the Council Rules and Policies.
4. The Secretary shall ensure that a Record of Members is kept.
5. The Secretary shall ensure that a Register of Minutes of Meetings and Notices of Correspondence and Records of submissions or reports made by or on behalf of the Council are kept.

9.4 Treasurer

1. The Treasurer shall manage the financial affairs of the Council, ensure accounts are audited, and present financial statements at the AGM.
2. The Treasurer shall ensure all monies received are paid into an account authorised by the Committee in the name of the Council, within ten working days of receipt.
3. Payments by the Treasurer shall be via cash, or electronic bank transfer, authorised by two authorised signatories of whom there shall be no more than four appointed by the Committee.
4. Major or unusual expenditures for the Council shall be authorised in advance by the Committee.
5. The Treasurer shall ensure that the financial statements comprising, either an account of receipts and payments, and a statement of assets and liabilities, or an account of income and expenditure, and a balance sheet shall be prepared following the end of the Councils financial year, which shall commence on the 1st of July and end on the 30th of June, unless altered at an Annual General Meeting.
6. The Treasurer shall ensure that the Annual Financial Statements are audited, before presentation to the Annual General Meeting, by the appointed Auditor.

10. Ring Officer

1. The Ring Officer shall manage all matters pertaining to the ordering, distribution, and recording of Council-approved rings issued by the ANBC.
2. Rings shall only be issued on a prepaid basis to financial Individual Members, Family Members, and Partnerships of Affiliate Organisations.
3. A proper register of all rings issued shall be maintained and presented to the Committee upon request.

11. Alteration of Rules

1. This Constitution may only be altered by special resolution passed at an Annual or Special General Meeting.
2. Proposed amendments must be submitted through the members’ Principal Organisation at least 45 days prior to the meeting.

12. The Seal

1. The Council shall maintain a common seal, which shall only be used with Committee authorisation and recorded in the minutes.
2. The affixing of the seal shall be witnessed by both the Chairperson and the Secretary.
3. The seal shall be kept in the custody of the Secretary.

13. Insurance

1. The Council shall obtain public liability insurance, and any other insurance deemed necessary by the Committee.

14. Dissolution

1. The Council may be wound up according to Part 5 Division 1 of the Act by special resolution.
2. Upon dissolution, any remaining assets must be transferred to another not-for-profit body with similar objects, subject to approval.

15. Not-for-Profit Status

1. The income and property of the Council shall be applied solely to the promotion of its Objects. No portion shall be distributed directly or indirectly to members, except as bona fide compensation for services rendered or expenses incurred on behalf of the Council.

16. Privacy

1. The Council will take reasonable steps to protect the personal information of its members and participants in accordance with applicable privacy legislation. A member may request access to their personal data held by the Council.

17. Child Safety

1. The Council is committed to providing a child-safe environment and will adopt policies and procedures that reflect the principles of child protection in line with any State or Federal legislation that is applicable.

18. Discrimination and Harassment

1. The Council is committed to providing a safe, flexible and respectful environment for all fanciers free from all forms of discrimination, bullying and sexual harassment.

19. Technology Use and Online Participation

1. Meetings may be held in person or via technology (e.g., teleconference, videoconference, zoom) provided all members can hear and participate in discussions. Resolutions passed via electronic meetings shall hold the same validity as in-person meetings.

20. Life Membership and Awards

1. The Council may confer Life Membership or other honorary awards upon members who have rendered outstanding service to the organisation, subject to a two-thirds majority vote at an Annual General Meeting.

 

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