PROPOSED AMENDMENT TO THE CONSTITUTION OF NSW BIRD ATLASSERS INC.
NSW Bird Atlassers Inc (the Association) is incorporated through NSW Fair Trading and is required to maintain a constitution based on the Model Constitution in accordance with the Associations Incorporation Act 2009 (the Act).
NSW Fair Trading has recently updated the Model Constitution and advises that all incorporated associations registered with NSW Fair Trading are required to address the matter of voting conducted by ballot to allow electronic ballots in accordance with regulations.
Electronic voting has been introduced following the covid pandemic and for any future event that may prevent members from being present to vote in person.
The Constitution of the NSW Bird Atlassers Inc currently makes provision for postal ballots to be cast (if required) for Special Resolutions as determined by the Association. However, it does not address the matter of electronic ballot.
Proposed amendment to the Constitution recommended by the Committee
At the next available AGM (October 2025), the Committee recommends the following sub-paragraphs to be amended and inserted into the current constitution (amended in April 2023), in order to comply with NSW Fair Trading requirements:
- Special Resolutions
9.2 (b) In a postal ballot and or electronic ballot conducted by the Association, or
After subsection 9.3 Postal ballot and or electronic ballot
Subsection 9.4 A postal ballot or electronic ballot referred to in Subsection 9.2 (b) may only be conducted in relation to resolutions of a kind that the Association’s Constitution permits to be voted on by means of a postal ballot and or an electronic ballot and, if conducted, must be conducted in accordance with NSW Fair Trading regulations.