1. The Name of the Party shall be Help End Marijuana Prohibition (HEMP)
Party (in the rules called the Party)
1.2 The abbreviation of the Party's name shall be HEMP Australia.
The Aims of the Party shall be:
2.1 to endorse candidates to contest federal elections.
2.2 To legalise Cannabis in all states and territories in Australia
for personal use
2.2.1 medical and therapeutic uses
2.2.2 and industrial purposes
2.3 collecting and disseminating knowledge relating to all or any of
the Party's aims
2.4 campaigning to, and lobbying of, all sectors of the community
2.5 organising fund raising for the Party
2.6 conducting and facilitating research relating to all or any of the
2.7 to apply for and seek public funding for electoral purposes in accordance
with the provisions of the Australian Electoral Act (1918) as amended
2.8 do all such things as may be necessary, expedient or desirable to
carry out the aims of the Party as seen herein.
3.1 Membership shall be open to all people who:
3.1.1 are eligible to be enrolled on the electoral roll maintained by
the Australian Electoral Commission and
3.1.2 support the aims and objectives of the Party and
3.1.3 agree to accept the rules & regulations of the Party
3.2 Membership will be established by:
3.2.1 completing the membership form authorised by the Federal Council,
3.2.2 paying the fee prescribed by the Federal Council, and
3.2.3 being accepted as a member by a resolution of the Federal Council
3.3 A person may not be a member of more than one State Branch of the
4. Membership Fees.
4.1 The annual membership fees shall be
4.1.1 $25 waged members
4.1.2 $10 unwaged members
4.1.3 $100 Life membership or such sums as the Federal Council shall
determine from time to time.
4.2 Any member whose subscription is outstanding for more than one month
after the due date for payment shall cease to be a member of the Party,
provided always that the Federal Council may reinstate such a person's
membership on upon payment of the annual fee.
A person may resign from membership of the Party by giving written notice
thereof to the Secretary of the Party.
6. Expulsion of a Member.
Subject to giving a member an opportunity
to be heard or make a written submission, the Federal Council, within
its complete discretion, may resolve to expel a member upon charge of
misconduct detrimental to the interests of the Party.
7. Disqualification of a Federal Councillor The office of a Federal
Councillor shall become vacant if a Federal Councillor is:
7.1 disqualified by the Act;
7.2 expelled under these rules;
7.3 permanently incapacitated by ill health;
7.4 absent without apology from more than three consecutive Federal
8. The Party Agent
8.1 The Party Agent for the purposes of the Australian Electoral Act,
shall be the Secretary.
8.2 in the absence of the Secretary the Federal Council may appoint
an acting Party Agent.
8.3 The Federal Council shall appoint and may revoke the appointment
of a party agent for each State Branch.
9. Powers and Duties of the Federal Council
9.1 The Federal Council may do all things necessary and incidental to
achieve the Party's aims.
9.2 The officers of the Federal Council shall be:
9.2.3 Secretary, who shall be the Registered Officer for the purposes
of the Australian Electoral Act and the Australian Electoral Commission.
9.3 The officers of the Party shall be elected at an annual meeting
of the Federal Council of the Party, from and by the members of the
10. Duties of Officers
10.1.1 The President when available, may attend and chair all meetings
of the Federal Council.
10.1.2 The President may carry out any other duties as the Federal Council
may deem fit.
10.2.1 The Vice-President may in the absence of the President assume
the duties of the President and shall perform any other duties as the
Federal Council may deem fit.
10.3 Secretary The Secretary shall be responsible for all or any of
the following as the Federal Council may deem appropriate from time
to time, provided that such tasks may be delegated to any member of
the Party, provided further that the Secretary shall be accountable
to the Federal Council for any tasks so delegated:
10.3.1 calling meetings of the Federal Council when directed to do so
in accordance with this Constitution
10.3.2 attending all meetings
10.3.3 keeping custody of the books and all documents whatsoever (other
than library and information resources) belonging to the Federal Council
10.3.4 making available all books of the Council for inspection by any
member of the Federal Council and auditors
10.3.5 conducting correspondence
10.3.6 liasing with State Branches
10.3.7 providing information and materials to Federal Councillors in
relation to the business of the Federal Council and in particular, matters
to be dealt with at Federal Council meetings.
10.3.8 Preparing agendas for, and keeping minutes of all Federal Council
10.3.9 Performing such other duties as the Federal Council may from
time to time direct.
10.4 The Treasurer 10.4.1 shall be responsible for the following, provided
that such tasks may be delegated to any member of the Party, provided
further that the Secretary shall be accountable to the Federal Council
for any tasks so delegated:
10.4.2 paying into the account(s) of the Council all monies and cheques
received on behalf of the Council
10.4.3 keeping proper records of all monies received or expended by
or on behalf of the Council and of all matters pertaining to such receipts,
funds, liabilities and transactions of the Council.
10.4.4 Preparing a duly audited statement of accounts for each financial
year and preparing annually a balance sheet for each financial year
setting out the assets and liabilities of the Council. Such accounts
and balance sheet shall be submitted to the Annual Meeting of the Federal
10.4.5 Submitting a financial statement at each meeting of the Federal
11. Structure of Party Organisation.
The Party shall function on the
11.1 Federal Council The Federal Council shall be comprised of the two
representatives elected by each State Branch (the Federal Councillors)
or their proxies.
11.2 Meetings of the Federal Council
11.2.1 The Federal Council shall hold an Annual Meeting each year and
shall meet on at least one other occasion in each calendar year.
11.2.2 Meetings may be conducted in person, by telephone, video conferencing
or other interactive electronic means, including the internet.
11.3 There shall be an annual meeting of the Federal Council at which
the Council shall:
11.3.1 receive annual reports from the President and Secretary and a
financial statement from the Treasurer.
11.3.2 elect a President, Vice-President, Secretary and Treasurer
11.3.3 elect a chairperson and secretary to any subcommittee, research,
action working or resource group established by Federal Council
11.3.4 appoint an auditor
11.3.5 determine the membership fees
11.3.6 deal with any other general business
11.3.7 - a quorum for an Annual General Meeting shall be at least three
members of the Executive Committee plus four other general members.
11.4 Powers of the Federal Council
11.4. The Federal Council shall be the supreme governing and administrative
authority of the party and its decisions shall be binding upon every
member and section of the party. Its powers shall include, but not be
11.4.1 the endorsement and dis-endorsement of candidates for Federal
11.4.2 authorising the establishing and disestablishing of State Branches
of the Party
11.4.3 the Federal Council may approve, suspend and terminate the individual
membership of any Party member subject to due process and rules of the
11.4.4 to interpret the Rules of the Party
11.4.5 to convene conferences and other meetings in accordance with
these Rules and the aims of the Party
11.4.6 to elect Officers of the Party
11.4.7 to initiate discussion of any questions of national concern in
pursuit of the Party's aims
11.4.8 to determine the time, place, manner and conduct of all meetings
and to establish procedural rules for the conduct of Federal Council
and other Party meetings
11.4.9 to determine the allocation of preferences to other parties and
candidates in Federal Elections
11.4.10 The Federal Council shall be competent to hear and decide appeals
from any State Branch or individual meeting of any State annual, general
or other meeting alleged to be inconsistent with the Party's Rules,
aims or any Federal Council decision
11.5 Leave to Appeal.
11.5.1 Where any member desires to appeal to the Federal Council on
a question which does not involve any national decision or matter, leave
to appeal shall first be obtained from the State Branch concerned.
12. State Branches
12 The State Branches shall consist of all members of Party branches
that reside within that state or territory. Each State Branch will convene
an annual general meeting, the business of which shall be:
12.1 To elect two delegates to the Federal Council and two proxy delegates
who may act in the absence of the Federal Council delegates
12.2 To elect the state officers of the party who shall include the
State convenor, secretary treasurer and such other officers as the State
Branch shall deem necessary
12.3 The presentation and adoption of the reports of the Party's States
12.4 Any other general business.
12.5 Dissolution of a state Branch
12.5.1 The Federal Council shall possess the right to dissolve any State
Branch which in the opinion of the Council has acted in a manner prejudicial
to the interests of the Party, has breached any aim of the Party, or
has engaged in or promoted an activity which is contrary to the Party's
policy in either these rules or in resolutions or policy statements
adopted at a Federal Council meeting.
12.5.2 In the case of a motion for the dissolution of a State Branch,
the State Branch may present written and/or verbal argument, to the
Federal Council as to why its Branch status should not be revoked.
12.5.3 A motion for dissolution of a State Branch shall only be discussed
by the Federal Council after the Secretary has given a written copy
of the motion to the State Branch by Registered Mail with 28 days notice,
including advice as to the time, date and method of conducting the meeting.
13. Procedure for Amending the Constitution
13.1 This constitution may be amended only by the Federal Council at
a meeting prior to which notice in writing has been given to the Secretary
by the named mover and seconder who have proposed the amendments, such
notice clearly setting out the proposed amendment(s).
13.2 A copy of such notice shall be despatched at least 28 days prior
to the meeting at which they are to be discussed, in a fully paid stamped
envelope addressed to the current address, as held by the Secretary,
of each member of the Federal Council. Where the Federal Council alters
or changes any proposed amendment to the Constitution pursuant to this
clause, it shall not be necessary that a further one month's notice
of such alterations to the proposed amendment be given to the Secretary
and dispatched to the Federal Councillors.
13.3 The Federal Council shall have power to alter in form any paragraph,
sub-paragraph, clause, part or section of the Constitution, or any amendment
or purported amendment (or part thereof) to the Constitution provided
that such alteration shall not vary in any manner whatever the substance,
purport or meaning of that paragraph, sub-paragraph, clause, part or
section or amendment or purported amendment (or part thereof) in issue
and such alteration shall be by way of rectification only.
13.4 Any motion to amend the Constitution shall require acceptance by
a minimum of two-thirds of the votes cast.
13.5 A member of Federal Council may vote on a constitutional amendment
by post. Such postal vote must be dated by the Councillor and must reach
the Secretary before the meeting at which the amendment is to be considered.
14. Sub-committees of Federal Council.
14.1 The Federal Council may establish sub-committees or working groups
to carry out such tasks as the Federal Council may deem necessary.
14.2 Where the Federal Council establishes a sub-committee or working
group it shall also nominate the membership and terms of reference of
the sub-committee or working group. Such sub-committees or working groups
may be dissolved by the Federal Council.
14.3 The Federal Council shall appoint a chairperson and secretary to
each sub-committee. The secretary of each sub-committee shall provide
a written report on the activities of the sub-committee to the Secretary
of the Federal Council within such time as the Federal Council deems
15. Meeting Procedure.
15.1 Quorum form meetings of Federal Council A quorum for a meeting
of the Federal Council shall be a simple majority of the Federal Councillors.
15.2 The Agenda
15.2.1 The Agenda shall be drawn up by the Secretary after consultation
with the other officers and representatives of the State Branches.
15.2.2 The Agenda for each meeting of the Federal Council shall include:
15.2.3 As the first agenda item a brief discussion of the meetings agenda:
minutes of the previous meeting and business arising therefrom; reports
from all Officers and State Branches and such items of general business
as have been referred to the Secretary by the Federal Councillors and
the State Branches.
15.4 Each meeting shall set the time, venue and date for the next meeting.
15.5 Decisions of the Federal Council shall be made by consensus, except
as provided by sub rule 15.6.
15.6 Exceptions to consensus decision making 15.6.1 where there is a
proposal to intervene into the affairs of a State Branch, the decisions
may be made by majority vote, with each branch entitled to two votes
15.6.2 where a decision must be made in time to meet the requirements
of the Australian Electoral Act or the Australian Electoral Commission,
and where consensus has not been reached, a two thirds majority vote
may be taken to determine an issue. 15.6.3 Where a decision must be
made to meet the requirements of the Party to prepare for an imminent
election, and where consensus cannot be reached a resolution may be
determined by a two thirds majority of the Federal Council. 15.6.4 A
decision as to whether or not a proposal falls within the scope of sub
rule 15.6 may be made by a two-thirds majority of the Federal Council.
16. Conformity to Australian Electoral Act.
These rules shall be read
in conjunction with the Australian Electoral Act 1918 or its successors
as amended from time to time.
17. Public Statements
17.1 Public statements on behalf of and in the name of the Party shall
only be made in the name of the President, Vice-President or Secretary
or such Federal Councillor or other person or candidate, as the President,
Vice-President or Secretary or Federal Council may authorise in writing
from time to time.
17.2 Authorisation may be conditional or unconditional.
18.1 The Party shall keep accounting records to correctly record and
explain the financial transactions and financial position of the Party.
These records shall detail in standard double-entry form every sum of
money received, and every sum paid by the Party, with details to explain
fully the transactions.
18.2 The responsibility for this shall rest with the Treasurer.
18.3 The Treasurer shall provide quarterly accounts and a financial
statement to each Federal Councillor, proxy Councillor and State Branch.
18.4 The Federal Council may require the Treasurer to provide a financial
report and the accounts at any time with 14 (fourteen) days notice.
18.5 There shall be a bank account in the name of the HEMP Party.
18.6 The signatories of the bank account shall be the President, Secretary,
Treasurer and two other members of the Party as determined by the Federal
Council from time to time. Cheques may be signed by one officer and
one other signatory.
18.7 The Treasurer shall keep all records of every financial transaction
made on behalf of the Party and such records shall be available on demand
to any Federal Councillor or State Branch, provided fourteen (14) days
notice is given.
Interpretation of this constitution
shall be the responsibility of the Federal Council.
20. Winding up and application of surplus assets.
The Association may be wound up by a two thirds majority vote of the
Federal Council. If, after the winding up of the Party, there remains
'surplus assets', such surplus assets shall be given to educational,
public awareness and Cannabis law reform organisations have the same
or similar aims as the party.
to the intelligent & compassionate people
who voted for the HEMP Party
in the Federal Election on Nov 10, 2001.
In NSW 32,641, as at 6/12/2001.
In QLD 25,132, as at 28/11/2001.
HOUSE OF REPRESENTATIVES
PAGE 1,274, as at 28/11/2001.
RICHMOND 919, as at 28/11/2001.
RYAN 1,084, as at 28/11/2001.
A Message from George Bernard Shaw
The old notion that people can "keep themselves to themselves" and not be touched by what is happening to their neighbors, or even to people who live a hundred miles off, is a most dangerous mistake. The saying that we are members one of another is not a mere pious formula...It is a literal truth; for though the rich end of the town can avoid living with the poor end, it cannot avoid dying with it when the plague comes.
People will be able to keep to themselves as much as they please when they have made an end to poverty; but until then they will not be able to shut out the sights and sounds and smells of poverty from their daily walks, nor feel sure from day to day that its most violent and fatal evils will not reach them through their strongest police guards.