Bylaws

By-Laws

Last Updated September 2001.

Waiver

THIS DEED IS MADE BY:

 

__________________________________________________________

(print full name of Applicant)

of________________________________________________________

(address)

__________________________________________________________

(occupation)

WHEREAS:

A. The Applicant wishes to become a Member of the Company.

B. The activities of the Company include the conduct of Battle Practice.

C. The Applicant has witnessed a Battle Practice conducted by the Company and the Applicant acknowledges that participation in a Battle Practice involves a risk of death or injury to members and persons present at, or in the vicinity of, a Battle Practice.

D. The Captain (for and on behalf of the Company) has agreed that the Applicant may become a member of the Company upon and subject to the Applicant executing this deed and the form in the Section Headed "Form for Admission as a Member of The Grey Company Incorporated".

E. The Applicant has agreed to execute this deed and the form in the Section Headed "Form for Admission as a Member of The Grey Company Incorporated" in consideration of the Applicant being admitted to membership of the Company.

NOW THIS DEED WITNESSES:

1. Definition and Interpretation. This Deed and subject to any express contrary intention shall be governed by the Section Headed "Interpretation".

2. Waiver. In consideration of the premises the Applicant hereby:

(1) releases, sets over and waives; and

(2) covenants to indemnify every member against; any and all claims, proceedings and causes of action, now accrued or at any time hereafter accruing and all costs and expenses of any description thereof or relating thereto arising out of or resulting, whether directly or indirectly, from:

(3) the death of, or any injury to;

(4) the destruction of, or any damage to any property of; or

(5) any consequential or other losses (including, without derogating from the generality of the foregoing, losses of income) sustained by; the Applicant incurred or sustained while the Applicant is;

(6) observing;

(7) participating in (in any capacity); or

(8) in the immediate vicinity of; any Battle Practice, arising out of or resulting from:

(9) any negligent act of omission of any member;

(10) any negligent act or omission of the Captain or any Marshal; or

(11) the breakage of, or any defect (whether latent or apparent) in, any weapon, shield or armour, by whomsoever manufactured or maintained.

3. Covenant. The Applicant covenants that he will not on his own behalf or on behalf of any other person make any claim or demand or institute or prosecute any action or proceedings against any member, the Captain, any member of the High Council or any Marshal for the payment or recovery of any damages or compensation arising out of or resulting, whether directly or indirectly, from:

(1) the death of, or any injury to;

(2) the destruction of, or any damage to any property of; or

(3) any consequential or other losses (including without derogating from the generality of the foregoing, losses of income) sustained by; the Applicant incurred or sustained while the Applicant is:

(4) observing;

(5) participating in (in any capacity); or

(6) in the immediate vicinity of: any Battle Practice, arising out of or resulting from

(7) any negligent act or omission of any member, the Captain, any member of the High Council or any Marshal; or

(8) the breakage of, or any defect (whether latent or apparent) in, any weapon, shield or armour, by whomsoever manufactured or maintained.

 

4. Effect. The Covenants in this Deed:

(1) ensure for the benefit of every member; and

(2) to the extent permitted by law, bind the Applicant and his respective executors, administrators, heirs and assigns, including any person in whom, but for this Deed, there has accrued or would accrue any right of action under any legislation or rule of Common Law for compensation or damages arising out of any of the matters set out in paragraphs 2(3), (4) and (5) caused by any of the matters set out in paragraphs 2(9), (10) and (11).

5. Construction. This Deed shall be construed so as to confer the widest possible protection upon every member for injury or loss caused to the Applicant as a result of negligence, accident, want of skill or care or breach of statutory duty by any member, the Captain, any member of the High Council or any Marshal. Where the context permits words, phrases and clauses expressed conjunctively shall be read disjunctively and vice versa, if this results in the release of a member from any liability and the accrual to him of the benefit of the indemnity given by paragraph 2(2) and the covenant in clause 3.

6. Stamp Duty. The Applicant shall cause this Deed to be stamped and all stamp duty assessable upon this Deed and any copies required by the Captain including any fines or costs arising from the late payment of duty shall be paid by the Applicant. If any person other than the Applicant causes this Deed to be stamped then all stamp duty (including any penalty duty and any fines for late presentation for assessment for duty) paid shall be recoverable as a debt owing from the Applicant.

 

 

THE SCHEDULE

The Applicant:

EXECUTED as a Deed the day of 19

SIGNED by __________________________________________________

(print full name of Applicant)

Signature: _________________________________________________

in the presence of:

Witness:

Signature: ________________________________________________

Name: ________________________________________________

(print full name of Witness)

Address: ________________________________________________

________________________________________________

Occupation: ________________________________________________

 

Form for Admission as a Member to The Grey Company Incorporated

  1. I wish to be considered for membership of The Grey Company Incorporated as an "Ordinary" / "Associate" /"Special Event" / "Affiliate" / "Patron" / "Honorary Life" Member. (strike out all but one choice)
  2. I have read the objectives of The Grey Company Incorporated and feel that I can contribute to the furthering of the objectives of the Company and further I agree to be bound by the Rules of the Company while a member of the Company.
  3.  

  4. I understand that many activities of the Grey Company incorporated carry a real risk of injury and or death and knowing this I still wish to be a member and participate in activities organised by the Grey Company Incorporated

 

SIGNED by

 

Signature: ________________________________

Name: ________________________________

(print full name of Applicant)

Phone: ________________________________

Address: ________________________________

________________________________

Occupation: ________________________________

 

1 Additional Objectives of the Company

1.1. There shall be no additional objectives of the Company.

2 Additional Members of the High Council

2.1. There shall be no additional members of the High Council.

3. Additional Rules of Battle Practice

3.1. There shall be no additional rules of Battle Practice.

4 Schedule of Fees

4.1. All annual fees for membership of the Grey Company shall be due and payable on the first day of April and shall be:

4.1.1. Ordinary Membership fee shall be $25.

4.1.2. Associate Membership fee shall be $15.

4.1.3. Affiliate Membership fee shall be $10.

4.1.3. There shall be no Patron Membership fee.

4.1.4. There shall be no Honorary Life Membership fee.

4.1.6. A Family fee shall be the combined value of one Ordinary membership fee plus one Associate membership fee and shall enable a married couple and their children to any memberships they may otherwise qualify for as if they have paid that annual fee.

4.1.7 Special event membership shall be 10% of the Ordinary Membership fee per event.

4.2. The High Council may accept a proportionally lesser fee for annual membership fee if the initial joining date is after the first day of July.

4.3. There shall be no additional fees leviable.

5 The Act

5.1. Associations Incorporation Act 1987 as amended and re-enactments thereof for the time being in force in Western Australia.

6 Any Act

6.1. Any act being in force in Western Australia whether State or Federal.

7 Books and Finances of the Company

7.1. All amounts referred to by the Constitution of The Grey Company Incorporated and its by-laws are in Australian currency.

7.2. The High Council Members may be paid out of the income of the funds of the Company all travelling and other expenses incurred by them in connection with the business of the Company.

 

7.3. The Voting Members may be paid out of the income of the funds of the Company all travelling and other expenses incurred by them in connection with an event of the Company.

7.4. True accounts shall be kept of all sums of money received and expended by the Company and the matter in respect of which the receipt or expenditure takes place and of the property, credits and liabilities of the Company.

7.5. The High Council shall from time to time cause to be prepared and at least once in every year to be laid before the Annual General Meeting of members of the Company a Balance Sheet and Income and Expenditure account for the year made up to a date not earlier than the date of the meeting by more than six calendar months. Such Balance Sheet and Accounts shall also show the investments representing the funds of the Company at the beginning and again at the end of the period of the accounts and the expenditure of the Company during such period and shall (inter alia) contain separate details indicating how the expenditure of the Company was applied and the amounts paid for the High Council Members’ fees and expenses. A copy of each such Balance Sheet and the Annual Report shall be sent to every member of the Company who at any time gives notice that they require such to be sent to them, at least seven (7) days prior to the Annual General Meeting of members.

7.6. The High Council shall cause to be opened with such banks or other financial institution as it selects such banking accounts as it thinks fit in the name of the Company into which all moneys received shall be paid by the Steward or such other person as is designated by High Council as soon as possible after receipt.

7.7. The High Council may receive from the Company’s bank or bankers for the time being the cheques drawn by the Company on any of its accounts with the bank or bankers and may release and indemnify the bank or bankers from and against all claims, actions, suits or demands that may be brought against the bank or bankers arising directly or indirectly out of those cheques or surrender thereof to the Company.

7.8. Except with the authority of the High Council, no payment of a sum exceeding hundred dollars shall be made from the funds of the Company otherwise than by cheque on the Company’s bank account, but the High Council may provide the Steward with a sum to meet urgent expenditure, subject to the observance of such conditions in relation to the use and expenditure thereof as the High Council may impose.

7.9. No cheque for greater than one hundred dollars shall be drawn on the Company’s bank account except for the payment of expenditure that has been authorised by the High Council.

 

7.10. All cheques shall be signed by two different members of the High Council, one being the Steward or, in his absence, by the Captain.

8 Committees of the High Council

8.1. The committee may have as many members as the High Council feel is appropriate for the task.

8.2. The committee shall be ad-hoc, and determine its operating procedure at its first meeting under the direction of the High Council.

8.3. The committee may co-opt as members of the committee such persons as it thinks fit, whether or not such persons are members of the Company.

8.4. The committee shall consult together as frequently as is necessary to carry out those functions, in such a manner, whether by meeting or otherwise, as the convenor or members in consultation may determine or the High Council may direct.

8.5. The High Council may delegate to a committee any powers (except the power of delegation or exclusive powers of the Captain) conferred on it (whether expressly or by implication) by these rules or by the members voting in general meeting, but the exercise of such powers or the carrying out of such duties shall be subject to confirmation by the High Council.

9 Standing Orders

9.1. Subject to the presence of a quorum, meetings shall commence at the time set out in the notice of meeting, and shall continue until all business on the agenda is disposed of or until the time for the closing of the meeting set out in the notice, whichever is sooner, unless the meeting otherwise decides or the attention of the Chairman is drawn to the lack of a quorum.

9.2. Business shall proceed in the order shown on the agenda and any business unfinished at the close of the meeting shall lapse, but shall be included in the agenda for a subsequent meeting if fresh notice of meeting is given.

9.3. Any member desiring to speak shall indicate his intention to the Chairman by raising his hand or by such other method as the Chairman may direct, and shall speak only when called upon to do so by the Chairman, who shall maintain a list of members desiring to speak and shall call upon them in order of his indicating his intention.

9.4. No member shall speak for longer than three minutes, except that the mover of a motion (but not an amendment) may speak for five minutes when moving the motion.

9.5. When the Chairman rises to speak, any member speaking shall cease, but may resume if called upon by the Chairman to do so.

 

9.6. Except to raise a point of order, members shall speak only to a motion or an amendment that is before the Chairman.

9.7. No member, other than the mover of a motion or an amendment, shall speak to it unless it has been seconded.

9.8. A motion or an amendment that is not seconded shall lapse and shall be recorded in the minutes as having lapsed for want of a seconder.

9.9. If required to do so by the Chairman, the mover of a motion or an amendment shall submit it in writing.

9.10. A motion or an amendment may be withdrawn by its mover only with the agreement of its seconder and with the leave of the meeting, but a motion shall not be withdrawn while any amendment is under discussion or after any amendment has been passed by the meeting.

9.11. With the agreement of its seconder and with the leave of the meeting, the mover of a motion may change its wording or may accept amendments to it in which case the amendment will be incorporated in the motion.

9.12. No member shall speak more than once to any question, except that the mover of a motion (but not an amendment) has a right of reply, which reply shall close the debate unless further amendments have been foreshadowed. For the purpose of this Standing Order, an amendment constitutes a separate question from the original motion and from any other amendment.

9.13. A member moving a motion or an amendment shall speak to it at the time of moving it, but a member seconding a motion or an amendment may reserve his right to speak but such reserved right shall lapse if, in relation to that motion or amendment, the procedural motion that the question be now put is carried.

9.14. When an amendment is before the Chairman, discussion shall be confined to that amendment and no further amendments shall be moved until the amendment before the Chairman has been disposed of, although further amendment may be foreshadowed.

9.15. The Chairman shall, after a motion or amendment has been seconded, call for a speaker against the motion or amendment or for any proposed amendments, and if there are none shall put the motion or amendment to the vote without further delay, and in such cases the mover shall not exercise his or her right or reply.

9.16. If two consecutive speakers have both argued for or against a motion or an amendment and if there is no member wishing to argue the opposite view or to move an amendment, the motion or amendment shall be put to the vote without further delay, subject only, in the case of a motion, to the mover’s right of reply.

 

9.17. Nothing in these Standing Orders shall prevent the mover or seconder of a motion or amendment from voting against it.

9.18. A member may at any time raise a point of order, which shall take precedence over all other business and which shall be open to discussion, provided that the Chairman may disallow a point of order not raised at the time the alleged irregularity occurred. An explanation or a contradiction does not constitute a point of order.

9.19. Any member disagreeing with the Chairman’s ruling on a point of order may move dissent, and the motion shall be put to debate immediately, the Chairman having stood aside while some other officer presides during the debate, the dissenting member speaking first, followed by the stood-aside Chairman and the vote on the motion of dissent being put immediately following.

9.20. A member who has not participated in the debate on the question before the Chairman may at any time, whether another speaker has the floor or not, move that the question be put, which motion, if seconded, shall be put to the vote immediately, and, if carried, shall terminate the debate subject only to the mover’s right of reply, but debate shall be terminated only in respect of a motion or amendment before the Chairman.

9.21. During the discussion of a motion (but not of an amendment) a member who has not already participated in the debate may move that the question be not now put, which if seconded, shall be open to debate. If the motion is carried, the meeting shall proceed to the next item of business without further discussion; if lost, the original motion shall be put to the vote after amendments (including those foreshadowed) have been disposed of and the mover has exercised his right of reply.

9.22. At any time a member may move that the meeting be now adjourned but debate on this motion shall take place only after the motion (if any) before the Chairman has been disposed of.

9.23. Any or all of the preceding Standing Orders may be suspended by an Absolute Majority. A motion to suspend Standing Orders shall be open to debate and the suspension shall cease no later than the close of the meeting.

9.24. With the exception of the motion that the question be not now put no motion that is in the negative shall be accepted by the Chairman.

9.25. Amendments that do not relate to the intent of the original motion or that are a negative of the original motion shall not be accepted by the Chairman.

9.26. Where a question is put to the vote the ruling of the Chairman that the question was carried, was carried by the requisite majority, or was lost shall be final.

 

9.27. No decision made by a validly constituted meeting shall be void by reason of a departure from these Standing Orders which was not raised until after the decision had been made.

9.28. These Standing Orders shall be read and construed subject to these Rules and shall apply to all general meetings of the Company and shall be subservient to all other sections of these Rules.

10 Original Membership of The High Council of The Grey Company Incorporated.

 

POSITION FULL NAME OCCUPATION ADDRESS
Captain MITTING Paul Rodney Administration Officer 4 Wyatt Road BAYSWATER 6053
Chief Marshall FLOWER Daniel James Storeman 231 Morley Drive LOCKRIDGE 6054
Administrator MITTING Cheryl Anne Postal Services Officer 4 Wyatt Road BAYSWATER 6053
Steward CANTONI Luigi Consultant 17 Wilberforce Street MOUNT HAWTHORN 6016

Original Membership of The Grey Company Incorporated

FULL NAME OCCUPATION ADDRESS
1. CARRIE Shane Jon Mail Officer 85 Ida Street EDEN HILL 6054
2. McCONNELL William James Quentin Medical Technologist 19 Walter Road BASSENDEAN 6054
3. LOGUE Gaynor Dorcas Medical Technologist 19 Walter Road BASSENDEAN 6054
4. BLAKE Kevin Gaal Court Reporter 11/36 Cunningham Terrace DAGLISH 6008
5. HENSON Melissa Gay Student 64 Norfolk Street NORTH PERTH 6006
6. KELLY Peter Norman Howard Computer Programmer 10/105 Washington Street VICTORIA PARK 6101
7. FLOWER Daniel James Storeman 231 Morley Drive LOCKRIDGE 6054
8. FLOWER Helen Joy Data Processor 231 Morley Drive LOCKRIDGE 6054
9. BIRCH Ronald Dudley Public Servant 58 Cobb Street SCARBOROUGH 6019
10. LEONG Lillian Lai Ling Medical Technologist 10 Grasmere Place KELMSCOTT 6111
11. MINERS Russell Alfred Laboratory Technician 13 Corderoy Way NORANDA 6062
12. GIBSON Craig Andrew Student 4 Winifred Street MOSMAN PARK 6012
13. BREDE Dale Robert Security Guard 167 Gibbs Street EAST CANNINGTON 6107
14. MITTING Paul Rodney Administration Officer 4 Wyatt Road BAYSWATER 6053
15. MITTING Cheryl Anne Postal Services Officer 4 Wyatt Road BAYSWATER 6053
16. ROCKLIFF Lee Margaret Registered Nurse 39 Canning Highway SOUTH PERTH 6151
17. LUCAS David George Computer Programmer 78 Normanby Road INGLEWOOD 6052
18. HARVEY Martin Leonard Public Servant 146/40 Peninsula Road MAYLANDS 6051
19. ARRIGO Elisa Teacher 8 Edgeview Mews BALLAJURA 6066
20. CANTONI Dorothy Elizabeth Gratton Research Assistant 17 Wilberforce Street MOUNT HAWTHORN 6016
21. CANTONI Luigi Consultant 17 Wilberforce Street MOUNT HAWTHORN 6016
22. WILSON Annette Jane Gratton Botanist 11 Fogerthorpe Crescent MAYLANDS 6051
23. PLESTER Jay Quantity Surveyor 212 Charles Street NORTH PERTH 6006
24. SUMMERS Lise Archivist 212 Charles Street NORTH PERTH 6006
25. OXWELL Ian Ross Student 63 Glenbank Crescent KALLAROO 6025
26. BREDE Carolyn Jane Registered Nurse 167 Gibbs Street EAST CANNINGTON 6107
27. HUGHES Warren Robert Courier 64 Austin Avenue KENWICK 6107
28. MEYERS Rachel Katrina Home Duties 26 Cygnus Street ROCKINGHAM PARK 6168
29. ROBINSON Gregory Colin Policeman 57 Riley Road RIVERTON 6155
30. CONROY Thomas Student 10 Coronet Court THORNLEE 6108
31. SOUTHALL John Joseph Student 1/58 Gwenyfred Road KENSINGTON 6151
32. BELL Michael Colin Research Officer 1/13 Higgins Way BAYSWATER 6053
33. LAMBERT Patricia Ann Laboritory Technician 2/28 York Street INGLEWOOD 6052
34. STEMP Carol Ann Home Duties 29 Newgate Street ALEXANDER HEIGHTS 6064
35. GIBBS Martin Owen Darkroom Technician 223 Crimea Street NORANDA 6062
36. TULETT Stephen Venn Security Officer 7 Illyarrie Street GREENWOOD 6024
37. TOOMBS Darryl John Passenger Services Assistant 14/6 Puntie Crescent MAYLANDS 6051
38. CAMPBELL Colin Andrew Public Servent 191b Fremantle Road GOSNELLS 6110
39. MCCAGH Sandra Lee Childcare Worker 2/28 York Street INGLEWOOD 6052
40. DANDRIDGE Scott William Thomas Environmental Health Officer 15 Chapple Drive AUSTRALIND 6230

 

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