FAVEROLLES AUSTRALIA INCORPORATED – INC9896037
''Societe de Volaille Faverolles,
CONSTITUTION AND RULES OF ASSOCIATION OF THE FAVEROLLES CLUB OF AUSTRALIA
(Incorporated on 16/9/2011 - 1NC9896037)
Adopted on the 20th day of June 2015, at the Annual General Meeting
In this Constitution:
(a) Any reference to nominations to be made in writing shall also include those made by e-mail or private telephone call to the Secretary of the Club
(b) Any reference to voting shall also include postal votes on the form provided by the Club
(c) Any reference to attendance at an Executive Committee Meeting, a General Meeting or the Annual General Meeting shall allow for participation either in person, by telephone, via e-mail or other electronic means as allowed by the Executive at that time.
(d) Ordinary Committee Member means a member of the committee who is not an office-bearer of the association
(e) Secretary means - the person holding office under this constitution as secretary of the association, or if no such person holds that office – the public officer of the association
(f) Special general meeting means a general meeting of the association other than an annual general meeting
The club is called "FAVEROLLES AUSTRALIA INCORPORATED'', hereinafter called the "Club''
The aim of the Club is to protect and encourage the breeding of both exhibition and utility type pure Faverolles in Australia, according to the Standard as laid down in the Club and Australian Standards. This statement also includes any further amendments made to the Standard by the Club at any time in the future.
An application must be made in writing on the "Application for Membership'' form and lodged with the Club Secretary and be accompanied by the appropriate membership fee. As soon as practicable after receipt of the application form, the Secretary must notify the nominee, in writing, that they have been accepted and welcome them to the Club. The Secretary must then enter the member's name and details in the register of members. The Club membership year runs from 1st May to the 30th April. All fees are due on or before the 1st May each year.
2.1. Grades of membership
2.1.1. Full membership.
This may be a single person, a couple, a family or a designated group (eg a school). One membership entitles the member/s to one Newsletter each quarter and to one vote per membership at the Annual General Meeting.
2.1.2. Junior membership.
This is any person up to and including 16 years of age at the date of joining or renewing Club membership. However junior members may only vote from the age of 13 years.
2.1.3. Honorary life membership - no fee payable.
Any Club member nominated to receive Life Membership must be nominated by three Full Club members, each with a minimum of two years continuous membership. This nomination must then be voted upon at the next Annual General Meeting of the Club, unless the nomination is withdrawn beforehand.
2.2. Membership fees
Will be as set, from time to time by a vote of the members, at the Annual General Meeting, by majority decision. Such changes will not be effective immediately but date from the start of the following membership year.
2.3. Renewal of membership
Each year, a copy of the Membership Renewal Form shall be sent to each member with the March Newsletter. All members are required to complete the membership renewal form and post it, with their yearly subscription, to the Club Secretary before the 1st May each year. Any member not complying will receive one further notice, to be sent to that member with the June Newsletter. If their subscription is not received within thirty days from the date of postage of the June Newsletter they will be deemed to have resigned from the Club and all their details will be removed from the current membership list forthwith.
2.4. Cessation of membership
A person ceases to be a member of the Club if the person dies, resigns membership, or is expelled from the Club.
2.5. Resignation of membership
A member of the Club who has paid all amounts due by the member to the Club may resign from membership of the Club at any time by notifying the Secretary in writing of the intention to resign. The Secretary must make an appropriate entry in the register of members. No refund of the yearly subscription will be given to any member at any time.
2.6. Register of members
The Club Secretary must establish and maintain a register of Club members, specifying the name and address, contact details and the date on which the person became a member. This register will also contain details of all types and colours of Faverolles owned by the member, plus information about other breeds of poultry kept, as per details contained in the membership application or subsequent renewal forms. However, members do have the right to ask that some, or all of their contact details be withheld from the published list. This register of members must be kept up-to-date by the Club Secretary and a copy made available at any time to any Club member requesting it.
3. Resolution of internal disputes
Disputes between individual Club members or between members and office bearers of the Club, are to be referred to the Club Secretary for resolution by the Club Executive Committee. Written depositions from all parties in dispute are to be sent to all the Executive Committee members for comment and advice on how to resolve the dispute. The Executive Committee, if required, may also appoint one or more mediators to deal with the dispute. Any dispute not resolved in this manner must then be put before the Annual General Meeting of the Club, either in person or by written deposition.
3.1. Disciplining of members
A complaint may be made to the Executive Committee by any person that a member of the Club:
(a) Has persistently refused or neglected to comply with provisions contained in this Constitution.
(b) Has persistently and willfully acted in a manner prejudicial to the interests of the Club.
On receiving such a complaint, the Executive Committee:
(a) Must cause notice of the complaint to be served on the member concerned.
(b) Must give the member twenty one days from the time the notice is served within which to make submissions to the Executive Committee in connection with the complaint.
(c) Must take into consideration any submissions made by the member in connection with the complaint.
The Executive Committee may, by resolution, issue a reprimand or, if deemed necessary, expel the member from the Club if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved. If the Executive Committee expels a member, the Secretary must, within seven days, cause written notice to be given to the member of the action taken and the reasons given by the Executive Committee for taking that action.
4. Powers of the executive committee
The Committee is to be called the “Executive Committee of Faverolles Australia Incorporated”, and:
(a) Is to control and manage the affairs of the Club.
(b) Will carry out such functions as may be set out in this Constitution.
(c) Has the power to perform all such acts and do all such things as appears to the Executive Committee to be necessary or desirable for the proper management of the affairs of the Club.
The Executive Committee shall comprise of:
(2) One Vice President
(5) One financial club member.
Each member of the Executive Committee is to hold office until the conclusion of the Annual General Meeting following the date of the member's election, but is then eligible for re-election. With the exception of the President, all Executive Committee members may hold more than one Executive Committee position if required. Where one Executive Committee member is elected to more than one position on the Executive Committee, that person shall still only be entitled to one vote at any Executive Committee Meeting, general meeting or Annual General Meeting. In the event of a casual vacancy occurring in the Executive Committee, the Executive Committee may appoint a member of the Club to fill that vacancy if required and the member so appointed is to hold office until the conclusion of the next Annual General Meeting following that appointment.
5. Election of executive committee members
Nominations of candidates for election as Executive Committee Members of the Club:
(a) Should be made in writing, signed by two current Club members and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination).
(b) Should be delivered to the Secretary of the Club before (a set time frame) the date fixed for the holding of the Annual General Meeting at which the election is to take place.
(c) Should this not occur the Club Secretary will accept written or oral nominations on the day of the Annual General Meeting up until the time of the actual election being held for the relevant position.
If insufficient nominations are received to fill all vacancies on the Executive Committee, the candidates nominated are automatically elected unless further nominations are received at the Annual General Meeting. If insufficient further nominations are received, any vacant positions remaining on the Executive Committee are taken to be casual vacancies. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are automatically elected. If the number of nominations received exceeds the number of vacancies to be filled, a ballot must be held.
The ballot for the election of Executive Committee members is to be conducted at the Annual General Meeting in such usual and proper manner as the Executive Committee may direct. The Vice-president present shall take the chair and conduct the elections in an orderly manner. If the Vice-president is absent or unwilling to take the chair, the members present must elect one of their numbers to preside.
The President shall preside at all meetings, and conduct them according to the Constitution and rules of the Club. He or she shall enforce due observance of this Constitution, decide all questions of order, and perform all other duties pertaining to the office of President. The President may also be eligible to be nominated for the position of Annual Show Secretary, Assistant Annual Show Secretary, Annual Show Merchandising Officer or Secretary of the Club's State Show in their own State.
The Vice-president shall assume all the duties of the President in his or her absence. In addition, he or she shall assist in the organisation of Club activities and advance the Club interests in any manner decided by the Executive Committee. Any one person nominated for the position of Vice President may also be eligible to be nominated for the position of Annual Show Secretary, Assistant Annual Show Secretary (one or more as required), Annual Show Merchandising Officer, Annual Show Sales Section Supervisor or Secretary of the Club's State Show in their own State.
The Secretary of the Club must, as soon as practicable after being appointed as Secretary, lodge notice with all appropriate authorities, details of his or her address and any change in any of the Committee positions of the Club. The Secretary is also responsible for the day-to-day running of the Club, including the receipt and dispatch of mail. A log of mail received and sent must be maintained at all times. The Secretary must also maintain and make available free of charge to anyone requesting it, the Club's printed “Information Kit”. The Secretary is required to write an interim report for inclusion in each quarterly Club Newsletter and must keep members up-to-date on all matters pertaining to Club affairs. The Secretary is the custodian of the Club archives and all Club merchandise items and Club publications.
It shall be the duty of the Secretary to keep a copy the Constitution of the Club and have the same with him or her at every meeting and permit it to be consulted by members upon request. A copy of the Club Constitution must also be forwarded to every new member of the Club. It is the also the duty of the Secretary to keep minutes of:
(a) All appointments of members to the Executive Committee
(b) The names of ordinary members and members of the Committee and visitors present at a Executive Committee meeting, general meeting or Annual General Meeting.
(c) All proceedings at Executive Committee meetings, general meetings or Annual General Meetings.
It is the duty of the Treasurer of the Club to ensure:
(a) That all money due to the Club is collected and received and that all payments authorised by the Club are made.
(b) That correct books and accounts are kept showing the financial affairs of the Club, including full details of all receipts and expenditure connected with the activities of the Club.
(c) That an interim Treasurer's Report is provided for inclusion in each quarterly Club Newsletter.
(d) That an Annual Treasurer's Report for the period 1st May to 30th April be compiled and included in the Agenda for the AGM each year.
(e) That a full costing of all official Club Shows be compiled for inclusion in the Club Newsletter.
To remain an independent member who's views are not influenced by the views of the Executive Committee. The Editor shall be responsible for producing a quality quarterly Club Newsletter with the intention that it be posted on the second Monday of March, June, September and December each year. Each Newsletter must contain reports that may be obtained from the Executive Committee or other Club members. These shall include:
(a) President's Report,
(b) Secretary's Report,
(c) Treasurer's Report,
(d) Correspondence received and sent (abbreviated summary)and
(e) A welcome to all new members.
Each March Newsletter will contain a membership renewal form, Annual Show information and a copy of the official Agenda and Postal Voting Form for the Annual General Meeting of the Club. It is also expected that information on various upcoming shows, plus show reports, shall be included in the appropriate Newsletters, as well as informative articles and information on any topics considered appropriate for such a Newsletter.
5.6. Annual show secretary
The Annual Show Secretary shall be responsible for the running of the Club's Annual Show. His or her duties and the proposed budget allowance shall be set out by the Executive Committee of the Club to ensure efficient running, both beforehand and on the day, of the Annual Show. This shall generally consist of appointing a judge, liaising with the organisers of the host Club, preparing the show schedule and classes for inclusion in the Newsletter, organising the printing of place cards, purchase of the necessary trophies and/or prizes, allocating duties to the Assistant Annual Show Secretary (one or more as required), Annual Show Merchandising Officer, Annual Show Sales Section Supervisor and any stewards required to assist the judges. On the day of the Show the Annual Show Secretary shall have sufficient authority to ensure the smooth running of all aspects of the Show and is entitled to enlist the aid of any person or persons required to attain these objectives.
5.7. Secretary of the club's various state shows
Each State Show Secretary shall be responsible for the running of the Club's State Show in their own State. His or her duties and the proposed budget allowance shall be set out by the Executive Committee of the Club to ensure efficient running, both beforehand and on the day, of the Show. This shall generally consist of appointing a judge, liaising with the organisers of the host Club, preparing and posting the show schedule and classes, organising the printing of place cards and purchasing of the necessary trophies and/or prizes and appointing stewards to assist the judge. On the day of the Show the State Show Secretary shall have sufficient authority to ensure the smooth running of all aspects of the Show and is entitled to enlist the aid of any person or persons required to attain these objectives.
5.8. Casual vacancies
For the purposes of this Constitution a casual vacancy in the Executive Committee occurs if the member dies, ceases to be a member of the Club, resigns office by notice in writing given to the Secretary, is removed from office by the Club, or becomes mentally incapacitated.
5.9. Removal of a committee member
The Club at any General or Annual General Meeting may by resolution remove any member of the Executive Committee from office before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed. This may only be effected by a two-thirds majority vote of those present at the meeting.
6. Committee meetings and quorum
Any two members of the Executive Committee may call for an Executive Committee meeting to be held at such time and place as the Executive Committee may determine. Oral or written notice of a meeting of the Executive Committee must be given by the Secretary to each member of the Executive Committee at least twenty one days before the time appointed for the holding of an official Executive Committee meeting. Notice of a meeting must specify the general nature of the business to be discussed at the meeting. Any three members of the Executive Committee constitute a quorum for the transaction of business at a meeting of the Executive Committee. No business is to be transacted by the Executive Committee unless a quorum is present.
At a meeting of the Executive Committee the President or, in the President's absence, a Vice-president is to preside. If the President or Vice-presidents are absent or unwilling to act, one of the remaining members of the Committee may be chosen by the members present at the meeting to preside. Questions arising at a meeting of the Executive Committee, or of any sub-committee appointed by the Executive Committee, are to be determined by a majority of the votes of members of the Executive Committee, or sub-committee, present at the meeting. Each Executive Committee member present at a meeting of the Executive Committee, or of any sub-committee appointed by the Executive Committee, (including the person presiding at the meeting) is entitled to one vote.
6.1. Delegation by executive committee to a sub-committee
The Executive Committee may, by instructions in writing, delegate to one or more sub-committees (consisting of such members as the Executive Committee thinks fit) the exercise of such of the functions of the Executive Committee as are specified in that instruction. Any act or thing done by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done by the Executive Committee. The Executive Committee may, by instructions in writing, revoke wholly or in part any delegation under this rule. A sub-committee may meet and adjourn as it thinks proper.
6.2. Annual General Meeting (AGM) and quorum
The Club must, at least once in each calendar year, convene an Annual General Meeting of its members. The Annual General Meeting of the Club is currently held in conjunction with the Club's Annual Show, this being deemed the only date at which sufficient Executive Committee and general members gather together.
The quorum for the Annual General Meeting shall be deemed to be those financial members of the Club in attendance on the day at the time and place specified in the official Agenda.
In addition to any other business that may be transacted at an Annual General Meeting, the business of an Annual General Meeting is to include the following:
(a) To confirm the minutes of the previous Annual General Meeting and of any general meeting or Executive Committee meeting held since that meeting and discuss any business arising from those minutes.
(b) To receive from the President, Secretary and Treasurer appropriate reports on the activities of the Club during the preceding year
(c) To receive and consider any submissions made by the Executive Committee or Club members according to the official Agenda provided to all members by the Club’s Secretary. However, provision is also made here for members to introduce new business on the day of the Annual General Meeting providing that said business is of such a lesser nature that it would not require previous notice to all members via the official Agenda. The members present at the Annual General Meeting shall vote on whether any such new business may be introduced on the day or held over until the next Annual General Meeting
(d) To elect a Club Patron or Patrons.
(e) To elect the Executive Committee of the Club for the forthcoming year.
(f) To elect any extra persons than may be required to assist the Executive Committee:
(1) Annual Show Secretary
(2) Assistant Annual Show Secretary (one or more as required),
(3) Annual Show Merchandising Officer,
(4) Show Secretary for the Club's official State Shows.
(g) To elect judges, stewards and delegates for any relevant shows, meetings, associations, etc to which the Club is entitled nominate officials in the year ahead.
(h) To elect any other persons as may be required from time to time.
6.3. General meetings and quorum
The Executive Committee may, if the circumstances warrant it, convene a general meeting of the Club. The Secretary must, at least twenty one days before the date fixed for the holding of the general meeting, give written notice to each Club member specifying the place, date and time of the general meeting and the nature of the business proposed to be transacted at the meeting. No business other than that specified in the notice convening the meeting is to be transacted at the meeting. No item of business is to be transacted at a general meeting unless a quorum of members entitled under this Constitution to vote is present during the time the meeting is considering that item.
Five members (being financial members entitled under this Constitution to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting. If within half an hour after the appointed time for the commencement of a general meeting a quorum, a quorum has not been met the meeting is to be dissolved. The President or, in the President's absence, the Vice-president, is to preside as chairperson at each general meeting of the Club. If the President or the Vice-president is absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.
6.4. Making of decisions
Answering a question or motion arising at a general meeting or Annual General Meeting of the Club is to be determined on a show of hands unless before the declaration of the show of hands a secret ballot is demanded. At a general meeting or Annual General Meeting of the Club, a secret ballot may be demanded by the chairperson or by at any member present in person or by proxy at the meeting. A declaration by the chairperson confirms that a resolution has been carried, or carried unanimously, or carried by a particular majority, or lost. An entry to that effect in the minute book of the Club, giving the count of votes, is evidence of the number or proportion of the votes recorded in favour of or against that resolution.
On any question or motion arising at a general meeting or Annual General Meeting of the Club, members have one vote only per membership. In the case of joint, family or group membership one person should be appointed to vote on all issues. All votes must be given personally or by proxy, but no member may hold more than five proxies. In the case of an equality of votes on a question at a general meeting or Annual General Meeting, the chairperson of the meeting is entitled to exercise a second or casting vote to obtain a result. No member is entitled to vote at any general meeting or Annual General Meeting of the Club unless all money due by that member to the Club has been paid at least 30 days prior to the general meeting or Annual General Meeting.
a) Proxy Voting Each member is entitled to appoint another member as proxy by written notice given to the Secretary no later than three days before the time of the meeting in respect of which the proxy is appointed.
7. Official club shows
The Club currently holds four official shows each year - the Club's Annual Show and three Club State Shows. This may be changed or added to at any time at the direction of the Executive Committee.
7.1. Club rules relating to official club shows.
All official Club shows are to be conducted under the rules of the appropriate state authority, with certain exceptions made by the Club, as follows. A class shall consist of a minimum of six birds. However, the Executive Committee reserves the right to accept smaller classes if so desired. The Executive Committee also reserves the right to join classes together to form an Any Other Colour (AOC) class in the event of insufficient entries in any particular class. If sufficient birds of a single colour are entered in any AOC class the Committee may create an extra class for that colour. At any time in the future the Executive Committee of the Club may make further changes to the show schedule.
7.2. Entry fees for club shows.
These may be changed at any Annual General Meeting by a vote of the members. Any such change shall become effective from the date of the next Club show held.
The Club allows both adult and junior members from the same family or group to show Faverolles at any official Club show. Only junior members from the age of five years and up and l 6 years of age may exhibit birds in the junior section. Junior exhibitors must pen their own birds in the Junior Section. Junior exhibitors may also enter the open section, but must pay the full adult entry fee for each bird entered.
7.4. Club perpetual trophies.
All perpetual trophies awarded by, or in the hands of) the Club always remain the property and responsibility of the Club. Members who have been awarded perpetual trophies shall be liable to defray the cost of repair to, or replacement of, any perpetual trophies damaged whilst in their possession. Members awarded a Club perpetual trophy must also undertake to return such trophy to the Club (in good order) at, or preferably at least two weeks before, the show at which it will again be awarded. Any member unable to guarantee this will not be permitted to take the perpetual trophy with them at the conclusion of the show. The perpetual trophy will remain in the hands of the Club until the following year. In addition, Club perpetual trophies may only be awarded to current financial Club members.
The Club must effect and maintain insurance to cover public liability with respect to holding any official Club show, exhibition or event. This is currently obtained through the Exhibition Poultry Association of New South Wales and covers the Club for up to ten million Australian dollars at any show within Australia designated as an official Club show. The title “Faverolles Australia Inc. (. . .. ..) Show'' must be used to ensure complete coverage.
8.2. Funds -source.
The funds of the Club are to be derived from annual subscription fees from members, donations, entry fees at Club shows, sale of merchandise and publications, plus any raffles or other competitions that may be held during the year. All money received by the Club must be deposited by the Treasurer as soon as practicable. The Treasurer of the Club must, after receiving any money, issue an appropriate receipt as soon as possible thereafter.
8.3. Funds - management.
Subject to any resolution passed by the Club at a General meeting or Annual General Meeting, the funds of the Club are to be used in pursuance of the objects of the Club in such manner as the Executive Committee determines. Either the current Club President or the current Club Treasurer may sign cheques of the Club’s account.
8.4. Alteration of the constitution.
This Constitution may be altered, rescinded or added to only by a special resolution of the Club at the Annual General Meeting of the Club. Any proposed changes or alterations must be sent, in writing, to all Club members prior to the Annual General Meeting of the Club. These changes are to be included in the March Newsletter or included with the AGM Agenda mail out to ensure adequate written notice is given to all members. An appropriate entry must be added to the Annual General Meeting Agenda. All changes made at any given Annual General Meeting become effective immediately, excepting any change in the yearly subscriptions, which shall not take effect until the beginning of the next full membership year.
8.5. Alteration to the Australian Standard or Australian Colour Standard for Faverolles.
The Standard or Colour Standard may be altered only by following the By-Law l - Procedure for the approval of a standard for a New Breed or New Classification (Variety) of Exhibition Poultry) see appendix B. Any proposed motion to make changes or alterations must be sent, in writing, to all Club members prior to the Annual General Meeting. These changes are to be included in the March Newsletter to ensure adequate written notice is given to all members. An appropriate entry must be added to the Annual General Meeting Agenda.
8.6. Custody of club books and merchandise.
The Club Treasurer must keep in his or her custody all books, records and other documents relating to position of Treasurer of the Club. The Club Secretary must keep in his or her custody, or under his or her control, all other records, books, documents and merchandise relating to the Club. All such records, books and documents held by the Treasurer or Secretary must be made available for inspection by any Club member at any reasonable hour. Such notice of inspection should be requested at least one week beforehand.
9.1. Appendix A: AGM draft agenda
FAVEROLLES AUSTRALIA INCORPORATED ANNUAL GENERAL MEETING
Date of Meeting:
Meeting Commenced at:
(1) President's Report
(2) Secretary's Report
(3) Treasurer's Report -including previous year's full report as circulated to the membership
(4) Correspondence (since last Newsletter)
(5) Minutes of the previous year’s Annual General Meeting - as circulated to the membership.
(6) Any business arising from last year’s Annual General Meeting Minutes
(7) General Business:
8, 9, 10, 11 and 12 delete – have not been utilised in years past
(8) Election of Club Patron or Patrons.
(9) Election of Executive Committee Club members
(e) One ordinary Club member.
(10) Election of additional persons to assist the Committee during the year.
Rest deleted – not previously used
9.2. Appendix B: Colour registration
There has been quite a bit of discussion amongst Faverolles Club members about how to register a new colour within an existing breed, or even what constitutes a new colour. The following extract is from the rules and regulations set up by the Exhibition Poultry Association of New South Wales, but similar sets of requirements are to be found in all states. If in doubt, please contact your own state body. In the future if there is an overall governing body for all poultry breeds in Australia and they set up a new procedure that will be the one our club will refer to.
9.2.1. BY-LAW 1
Procedure for the approval of a Standard for A New Breed or New Classification (Variety) of Exhibition Poultry
(a) In this By-Law the term poultry is intended to mean and include all classes of domesticated pure breed land fowl and waterfowl.
(b) A new breed or new classification (variety) of an existing breed shall be deemed to be a breed or a classification of a variety developed in Australia that has not had a properly authenticated standard published.
(c) BREED shall be construed to mean an established number of adult birds that exhibit distinctive similarities when compared for general definable characteristics. The characteristics should be grouped under heading currently used in the Australian Poultry Standards.
(d) CLASSIFICATION shall be construed to mean a new variation with an existing breed that has not been standardised eg colour, comb form, muffing, beard, crest, or other conspicuous feature.
(1) Any request for the registration of a new breed of poultry or a new classification of an already accepted breed having been developed in Australia shall be submitted in writing and lodged with the Secretary of the EPA of NSW Inc who will have all information collated and if correct shall forward to the Secretary of the Australian Poultry Exhibitors Council.
(2) All requests shall include a written standard providing the necessary descriptive information using the same format as the current edition of the Australian Poultry Standards. These descriptions shall cover Type, Size, Colour, Plumage, and all other definitive characteristics. A points chart totaling 100 points must be included. Note: in the case of a new classification reference should be made to the existing standard. Any point variations should be noted
(3) NEW BREEDS - A new breed may be eligible for standardisation if the originator can demonstrate that after a minimum of four (4) generations it can be shown to have consistently reproduced successive generations of progeny of which at least ninety per cent (90%) of the progeny exhibit all of the characteristics as defined in the written description developed in accordance with paragraph 2 above. The number of progeny compared in and one (1) generation shall be greater than twenty (20). A new breed must exhibit at least three (3) of the conspicuous breed characteristics that positively distinguish it from any other breed already identified in the Australian Poultry Standards or in any overseas poultry standard recognised by the Australian Poultry Exhibitors Council.
(4) NEW CLASSIFICATION - A new classification of an existing breed demands that the new classification be readily identifiable with the breed characteristics described in the Australian Poultry Standards. The only acceptable variation to the breed standard will be the characteristic(s) pertaining to the new classification.
(5) APPROVAL PROCESS - for the adoption of a new standard whether it be for a new breed or new classification shall be as follows:
(a) The application for approval of the standard for the new breed or classification shall provide sufficient detail in writing, supported with photographic evidence and be consistent with parts 1, 2 and 3 of this By- Law to the Secretary of their State Body who will process it and then forward to the Secretary of the Australian Poultry Exhibitors Council
(b) (i) The applicant should submit testimony from at least three (3) reputable exhibition poultry personnel who have had first hand experience with the development of the new breed or classification by observation of at least four (4) generations or have been directly involved in the breeding program for at least two (2) generations.
(ii) The bona fides of these referees must be acceptable to the State Body and the Australian Poultry Exhibitors Council.
(iii) Evidence from any specialist club should also be submitted.
(c) On receipt of all relevant information the Secretary of the Australian Poultry Exhibitors Council will forward copies to all other State Bodies for their perusal and comments.
Any proposal submitted which seeks recognition of a new standard shall, subject to its acceptability by the EPA Executive Council, be circularised to all Member Clubs for comment and/or objection prior to any final decision being taken after allowing ninety (90) days to elapse.
On expiration of the ninety (90) day period and subject to there being no substantive objections raised by Member Clubs the EPA Executive shall pass on the proposal with all evidence to the Australian Poultry Exhibitors Council who shall seek majority approval and concurrence from all other State Bodies and shall upon receipt of such approval cause the new Standard to be formally adopted.
In any proposal submitted the EPA Executive Council shall have the right to request than changes be made to the format or descriptive detail if it considers such changes to be necessary for the purpose of clarification or other valid reason.
All decisions on the acceptability or otherwise of any new standard shall be taken only after due consideration has been given to the relevant Specialist Breed Club (where such has existed for a minimum of five (5) years).
Approval of a new standard for a new breed or new classification will be considered confirmed when at least five (a) State Bodies accept the final drab of the standard.
Once approval has been given the Secretary of the Australian Poultry Exhibitors Council will forward the relevant information to the committee responsible for updating the Australian Poultry Standards and as an interim measure will have the power to reproduce the standard and distribute it in a manner to be determined by the Australian Poultry Exhibitors Council.
lf a new standard does not gain the required majority the secretary of the Australian Poultry Exhibitors Council will return the application to the EPA of NSW, Inc. who shall inform the applicant and pass on reasons for the rejection as submitted by the State Bodies.
On receipt of this information the applicant for the new standard has sixty (60) days to amend the information and re-submit it to the EPA of NSW, Inc. It will be passed on to the Australian Poultry Exhibitors Council who will activate the process once again. If the second application fails to obtain approval from the required number of State Bodies the applicant will be unable to re-submit the standard for a period of at least two (2) years.
126.96.36.199. In These Rules
(a) BREED shall be construed to mean an established group of birds that exhibit distinctive similarities when compared for Type, Shape, Size, Carriage and other definable characteristics and which when mated together produce offspring that exhibit similar characteristics, where as
(b) VARIETY shall be taken to mean a subdivision within a breed, differing only in Colour, Comb Form, Muffing, Beard or other conspicuous features.
These rules shall be effective only to new breeds and/or new categories (varieties) of already recognised breeds developed within Australia.
This is the final page of this constitution.