Page Updated: 2010 November 21
Federal Constitution
HELP END MARIJUANA PROHIBITION (HEMP) PARTY
Constitution and Rules.
1. Name
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.
2. Aims. 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 Party's aims
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. Membership
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, and
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 Party.
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.
5. Resignation.
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 Council meetings.
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:
9.2.1 President
9.2.2 Vice-President
9.2.3 Secretary, who shall be the Registered Officer for the purposes of the Australian Electoral Act and the Australian Electoral Commission.
9.2.4 Treasurer
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 Federal Council.
10. Duties of Officers
10.1 President
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 Vice-President
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 meetings
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 Council
10.4.5 Submitting a financial statement at each meeting of the Federal Council
11. Structure of Party Organisation.
The Party shall function on the following basis
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 limited to:
11.4.1 the endorsement and dis-endorsement of candidates for Federal Elections
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 Party
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
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 Branch's Officers
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 appropriate.
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. Accounts
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.
19. Interpretation.
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.
