Bull Terrier Club of South Australia Inc.

The Bull Terrier Club of SA Inc. believes that the following set of principles and practices should be an integral part of the activities of all Bull Terrier owners and breeders in the interests and the welfare of all Bull Terrier/Bull Terrier (Miniature) in accordance of the Breed Stan dard. The club understands that extenuating circumstances and situations may in rare cases result in deviations from these practices. In these circumstances, the matter shall be put in writing to the committee for discussion and adjudication. It is expected that owners and breeders would always act in the interests and welfare of their dogs and the Bull Terrier breed. A number of the following clauses are included in the Code of Ethics of the South Australian Canine Association (SACA). Breaches of these clauses are subject to disciplinary action by the SACA, and the Bull Terrier Club of SA will refer matters to the SACA if it is in possession of evidence of such a breech.

As a Breeder/Owner/Exhibitor of Bull Terrier/s, I declare that:

1.        I will not mate my Bull Terrier to any dog or bitch that is not on full registration.

2.        I will sell only Bull Terriers in a good healthy condition, a minimum of 8 weeks of age, vaccinated and wormed. Free to my knowledge, from any communicable disease and/or parasitic infestation. All potential new owners must be made aware of the following known hereditary diseases;

                        ·        Polycystic Kidney Disease PKD
                        ·        Nephritis
                        ·        Heart
                        ·        Patella
                        ·        Deafness
                        ·        Primary Lens Luxation PLL – miniatures only

3. At the time of sale, I will where applicable supply each purchaser with the following:

     ·        Written dietary information
·        General and breed specific health care information available on the BTCSA Inc Website
·        Immunization Certificate
·        Three or four generation pedigree – main or limited register
·        Written fully detailed receipt
·        Terms and conditions of sale - Optional
·        Honorary 12 months FREE membership for those new owners within (providing the breeder is a financial member of the BTCSA Inc breeders directory)
·        Advise new puppy owners that they may contact their local council for any known obedience clubs.

4. I will make myself available to purchasers of my puppies for consultation, throughout the lifetime of every dog, and will willingly give information and advice in the interests of the welfare of dogs I have bred.

5. I will not sell or donate any Bull Terrier to any commercial dog wholesaler or retail pet dealers, either directly or indirectly allow them to be given as prizes in contests of any kind, or for any purpose that may lead to their exploitation.

6. I will strongly advise purchasers of Bull Terrier not sold for show and/or breeding purposes to be de-sexed or placed on limited register.

7. Showmanship- as per the SACA constitution (page 22 section 35) I will behave in a sportsmanship like manner. I will accept the decision of the judges at any sanctioned show.

e) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and include telex and facsimile transmission;

i) “Exhibition” includes any Championship Show, Parade, Open Show, Sanction Show, Trial or other Canine display conducted by the Club in accordance with the Constitution of the Association.

j) “Special Resolution” means a resolution of the Club passed at a meeting of the Club of which notice specifying the intention to propose the resolution as a special resolution has been duly given at least 21 days before the meeting and which is passed by a majority of at least three quarters of the members present at the meeting and voting in person.

a) to promote the breeding and exhibition of registered pedigree Bull Terriers and the improvement thereof in a manner consistent with the Constitution of the Association and to obtain such licenses and permits from the Association as are necessary or conducive to the attainment of this object;

b) to educate and encourage members, breeders, exhibitors and judges to abide by the requirements of the standards for Bull Terriers approved by the Association:

c) to promote and support competition in all practical ways and to hold such Exhibitions as are permitted by the Constitution of the Association and the ANKC in accordance therewith;

f) to hear and determine any objections protests or complaints made by any member or exhibitor against any other member or exhibitor arising out of or in connection with an Exhibition conducted by the Club or any of its other activities;

g) to otherwise conduct itself in accordance with and observe the provisions of the Constitution of the Association and abide by any directions lawfully given by the Association from time to time.

h) Enter into any other contract it considers necessary or desirable in order to attain or further the objects of the Club; and

j) To do all such other acts and things as are or may be incidental or conducive to the attainment or furtherance of any of the objects or the exercise of the powers of the Club; and

Any person owning or who is interested in a Bull Terrier or who is interested in breeding and exhibition of registered pedigreed Bull Terriers shall be eligible for membership.

b) Children under 17 years of age shall be eligible for membership as junior members. A junior member shall not be entitled to vote at any meeting of the Club.

c) The Committee of the Club may confer honorary membership on any person considered worthy thereof for a period not exceeding one year. An honorary member shall have all the rights and privileges of an ordinary member including the right to vote at meetings of the Club.

d) The Club may by special resolution passed at an Annual General Meeting or Special Meeting of the Club appoint any person as a life member of the Club in recognition of services rendered to the Club consistent with and directed to attaining or furthering the objects for which the Club was established and who otherwise meets any criteria for life membership established by the Club in its rules. A life member shall have all the rights and privileges of an ordinary member including the right to vote at meetings of the Club

b) Upon the acceptance of the application by the Committee and payment of the joining fee and first annual subscription the applicant shall be admitted as an ordinary, junior or other member of the Club as appropriate.

c) The Committee may defer consideration of any application for membership for such period as it considers appropriate and may refuse an application without assigning any reason therefore. In the event that an application is refused, the joining fee and annual subscription tendered by the applicant shall be returned to the applicant.

a) The subscription fees for each class of membership and the joining fee shall be such sum as the Club shall determine from time to time at the Annual General Meeting.

b) The subscription fee for each class of membership shall be due and payable within 21 days after each Annual General Meeting of the Club

c) Any member whose subscription is outstanding for more than three calendar months after the due date for payment shall cease to be a member of the Club, provided always that the Committee may by resolution reinstate any such person to membership at any time before the expiration of the financial year in question upon that person paying the subscription due.

d) A person who ceases to be a member of the Club pursuant to this clause shall cease to be entitled to any of the rights benefits or privileges of membership save to the extent provided for in clause 12 (1).

b) Any member who resigns from the Club shall be liable for any outstanding subscriptions at the date of such resignation, which subscription may be recovered by the Club as a debt due to the Club.

c) The Committee may at its discretion and where it is satisfied that proper reasons exist refund to a member who resigns the whole (or such portion as it considers appropriate) of the subscription paid by that member in respect of the Club Financial Year but otherwise no portion of the subscription shall be refundable.

a) A member who is convicted of a felony shall be automatically expelled from and cease to be a member of the Club immediately upon conviction.

I. Whose conduct is in the opinion of the Committee discreditable or injurious to the character reputation or interests of the Club;

c) Before any member is expelled or otherwise punished or penalised the Committee shall conduct an inquiry into the conduct complained of and the member shall be given an opportunity to be heard and to present a defence and justify or explain the conduct complained of.

d) Particulars of any complaint or charge against a member shall be given to the member by certified mail not less than 21 days before the meeting of the Committee at which the matter is to be determined.

e) Should a member fail to appear at any inquiry after notice has been given in accordance with sub-clause (c) the Committee may proceed with its inquiry in that member’s absence or adjourn the inquiry as it thinks fit. In the event that the inquiry is adjourned the Committee shall give notice of the adjourned date to the member by certified mail.

f) The Committee is not bound by the rules of evidence and shall act without undue formality and may inform itself on any question that arises in the course of its inquiry in such matter as it thinks fit, provided however that it shall always act in accordance with the principles of natural justice.

g) If a majority of the Committee which meets to determine the matter is of the opinion that the member is guilty of the conduct complained of it may:

IV. Require the member to pay to the Club the reasonable cost of repairing any property of the Club or a member or treating any dog damaged or injured as a result of the conduct complained of, and the Club shall apply any money so received accordingly; or

h) In any case in which the Committee conducts an enquiry into the conduct of a member of the Club it shall forward a report in writing to the executive officer of the Association within seven days of the conclusion of the hearing outlining the nature of the complaint, the findings of the Committee and any penalty imposed.

i) Any member of the Club who is also a member of the Association and is aggrieved by a determination of the Committee made pursuant to this clause may appeal to the Appellate Committee of the Association which shall hear and determine such appeal in accordance with the Constitution of the Association.

a) In addition to any powers and authority conferred on it by this Constitution may exercise all such powers and do all such things as are required to attain or further the objects of the Club and are not required by the Act or this constitution to be done by the Club in general meeting; and

b) Shall observe and ensure that it and the Club comply with all of their respective obligations under the Constitution of the Association.

and FIVE (5) ordinary members of the Club, all of whom (apart from Head Trainer) shall be elected at an Annual General Meeting in the manner hereafter provided. The Head Trainer shall be elected by and shall be one of the group of Trainers appointed by the Club in accordance with its Rules. All members of the Committee shall hold their positions on an honorary basis.

b) Be financial members of the Association or become financial members of the Association within 21 days of being elected.

4. No Office bearer or Committee member shall be elected or hold office for a period greater than one year from the date of election but upon retiring at the expiration of that period any such office bearer or Committee member shall be eligible for re-election to the office previously held or any other office.

5. Any member of the Committee absent from three consecutive Committee Meetings without leave of absence having first been granted by the Committee shall cease to be a member of the Committee and the vacancy thereby created shall be a casual vacancy and shall be filled accordingly.

The Committee may appoint any member of the Club other than a junior member to fill any casual vacancy on the Committee and a member so appointed shall hold office until the next Annual General Meeting of the Club at which time that member shall be eligible for reappointment.

1. The first Committee of the Club shall be appointed by the founding members of the Club and shall hold office until the first Annual General Meeting after incorporation at which time all members of the Founding Committee shall retire and an election shall be held in accordance with the provisions of the clause.

2. The retiring Committee shall call for the nominations for Committee at the time of giving notice of the Annual General Meeting of the Club.

a) May be proposed and seconded respectively by two members present at the Annual General Meeting provided that the nominee is either present at the meeting and accepts the nomination or has accepted the nomination in writing and such nomination is tabled at the meeting.

5. If only the required number of persons are nominated to fill each office and each Committee place, the Secretary or Returning Officer shall report accordingly to the Annual General Meeting and the Chairperson shall declare such persons duly elected as Committee members.

6. In the event that there is a contest for a position as office bearer or Committee member that contest shall in either case be decided by secret ballot of members present and voting at the Annual General Meeting of the Club and the counting of the ballot shall be conducted by two or more scrutineers appointed by members personally present at the meeting.

1) The Committee shall meet as often as may be necessary in order to properly conduct the business of the Club and in any event:

2) The President or four members of the Committee shall have the power to call a meeting of the Committee upon not less than seven days notice in writing to other members of the Committee.

3) The president of the Club shall chair all Committee meetings. In the absence of the President the Vice President shall take the chair. In the absence of the Vice President the Committee shall elect one of its number to take the Chair.

4) Notice of each Committee meeting shall be given in writing and delivered by hand or ordinary post to all members of the Committee not less than seven days before the date of such meeting.

5) Questions arising at any meeting shall be decided by a majority of votes and in the event of equality of votes the Chairperson shall have a casting vote in addition to a deliberative vote.

6) Subject to this Constitution the Committee shall have power to adjourn its meetings from time to time and otherwise regulate them as it sees fit.

8) A member of the Committee having a pecuniary interest in a contract or any other business with or involving the Club must disclose that interest to the Committee as required by the Act and shall not vote on any issue or matter with respect to that contract or business.

9) The Committee shall have the power to delegate any of its powers to deal with any particular matter or matters to sub-Committees and may make such delegation upon such terms as the Committee thinks fit. The President and Secretary shall be ex-officio members of each such sub-Committee.

10) All acts or decisions done or made at any meeting of the Committee shall not withstanding that it may afterwards be discovered that there was some defect in the appointment of any member or all of the members of the Committee be valid and effective as if those members had been properly appointed unless it be proved that such appointment was made in bad faith or by fraud.

I V. Ensure that a current copy of the Constitution of the Association and the constitution and Rules of the Club are available for perusal by any member at any Exhibition, meeting or other official function of the Club;

V. Ensure that such schedules, entry forms and other documents required for the proper conduct of an Exhibition by the Association and ANKC are provided at each Exhibition; and

VI. Keep such other records and do such other things as are ordinarily done by a secretary and as the Committee may direct from time to time.

II. Present a report on the finances of the Club to each Committee meeting and at each Annual General Meeting of the Club;

IV. Generally perform all such duties as are usually performed by a Treasurer and such additional duties as the Committee may direct from time to time.

c) All books, accounts and correspondence of the Club shall be produced by the Secretary and the Treasurer at Committee meetings and at the Annual General and any special meetings of the Club and shall be:

2) Any subsequent Annual General Meeting shall be held in the month of December – but in any event not more than two months after the end of the Club Financial Year in each year.

3) Notice of the Annual General Meeting shall be given to members by publication not less than 30 days prior to the date thereof of a notice of meeting in the “Dogs” section of the principal South Australian Saturday newspaper and in the official Journal of the Association. A notice so published shall be deemed to have been received by each member on the day of publication. A further copy of the Notice of Meeting shall be posted on the notice board of the Club where such a notice board exists.

5) The Annual Report of the Club and its audited balance sheet or financial statements shall be submitted to members at the Annual General Meeting.

6) The election of office bearers, the Committee and the auditor for the Club for the ensuing 12 months shall take place at the Annual General Meeting.

1) The President or Secretary of the Club, any four members of the Committee or any ten financial members (not being junior members) of the Club may by notice in writing call a Special Meeting of the Club and the Committee shall convene such a meeting for the purpose of considering the matters the subject of the proposed meeting within 30 days of the date of such notice.

3) Not less than 21 days notice of a Special Meeting shall be given to members and the notice calling such meeting shall set out:

4) Notice of a Special Meeting shall be given to members in the same manner as notice of the Annual General Meeting save as to the period of notice which shall be not less than 21 days.

5) If a Special Meeting is not convened within 30 days of the date of the request those members requesting the meeting may convene it and the Committee shall ensure that they are supplied with particulars of those entitled to receive notice of the Special Meeting and shall have the Club pay the reasonable expenses of convening and conducting the meeting incurred by those who requested it.

1) Every person who was a financial member of the Club (other than as a junior member) during the Club Financial Year immediately preceding the Annual General Meeting shall be entitled to vote at the Annual General Meeting.

2) No person who became a member of the Club after the last day of the Club Financial Year immediately preceding the date of the annual General Meeting and the Annual General Meeting shall be entitled to vote at the Annual General Meeting.

3) Every person who is a financial member of the Club (other than a junior member) at the time a Special Meeting is held shall be entitled to vote at that Special Meeting.

b) An Annual General Meeting shall be adjourned for a period of 14 days (to the same time and place wherever practicable) and if at such adjourned meeting a quorum is not present within 30 minutes of the time appointed for the meeting the meeting shall lapse.

6) The President of the Club shall chair all meetings. Should the President not be present within 10 minutes after the time appointed for the holding of the meeting then the Vice President shall take the chair. If the Vice President is not present then those members present shall elect one of their number to take the chair.

7) The Chairperson shall adjourn the Annual General Meeting for a period of 14 days (to the same time and place wherever practicable) if:

a) The Annual Report of the Club and its audited balance sheet or financial statements are not available at the meeting; or

b) There are insufficient nominations for the office bearer positions and such other ordinary members of the Committee as are necessary to constitute a quorum of the Committee and if these defects are not remedied at such adjourned meeting, the meeting shall lapse.

8) The Chairperson may with the consent of any meeting at which a quorum is present and shall if so directed by the meeting adjourn the meeting from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place

9) If a meeting is adjourned to a place other than that at which it was first convened or otherwise for 30 days or more, notice of the adjourned meeting shall be given as if that meeting were an original meeting of members for which notice of the original meeting was required.

10) At any meeting a resolution put to a vote shall be decided on a show of hands unless otherwise required by this Constitution or requested by a majority of those present in relation to a specific issue or question and a declaration by the Chairperson of the meeting that a resolution has been carried or lost shall, unless a poll is demanded, be conclusive evidence of the number or proportion of votes recorded in favour of or against the resolution.

11) If a poll is demanded by the Chairperson of the meeting or by any member present personally, it shall be taken in such manner as the Chairperson directs. The result of such poll shall be the resolution of the meeting.

14) Proper minutes of all proceedings of meetings shall be entered in the minute books of the Club within one month after the relevant meeting and shall be signed by the Chairperson of the meeting at which the proceedings took place or by the Chairperson of the next meeting.

In addition to the Annual General Meeting and any Special Meeting held in accordance with the provisions of this Constitution the Club may hold such other General Members Meetings as it considers appropriate for the purpose of informing members of the affairs and activities of the Club from time to time but no official business of the Club shall be dealt with other than in a duly convened Annual General Meeting, Special Meeting or Committee Meeting.

The Club may make such rules as it considers necessary for the proper administration of the Club by special resolution passed at an Annual General Meeting or Special Meeting but such rules shall have no effect unless and until the same are thereafter approved by the Council of the Association and any rules so made shall no be repealed or amended unless and until:

1) Notice of intention to propose such repeal or amendment is given in writing by the member proposing such repeal, or amendment to the Secretary of the Club not later than one month prior to the date of the Annual General Meeting or Special Meeting at which it is to be included as an item of business;

2) Such repeal or amendment is proposed as a special resolution at an Annual General Meeting or Special Meeting of the Club;

3) Such repeal or amendment is passed as a special resolution of the Club at such Annual General Meeting or Special Meeting; and

Each member shall register his or her address and any change of address from time to time with the Secretary of the Club and all notices properly addressed and posted to the member by ordinary prepaid mail (or certified mail where so required) at the member’s last registered address shall unless otherwise required by the Constitution be deemed duly served.

2) All monies of the Club shall be paid into the account or accounts of the Club in the name of the Club at such bank, banks or other financial institutions as the Committee shall from time to time direct

3) No monies shall be drawn from an account of the Club save by cheque signed by two signatories previously authorized by the Committee at least one of whom shall be the President, Secretary or Treasurer for the time being. No cheque shall be signed or money withdrawn unless such withdrawal has been authorized by the Committee or in the case of urgency, by the President and Secretary.

4) The books and accounts of the Club shall be audited annually by auditors appointed by the Club for that purpose and audited copy of the annual balance sheet or financial statement shall be submitted to the Association not later than 14 days after the date of the Annual General Meeting of the Club

5) All monies payable by a member to the Club whether as a joining fee, annual subscription, fine, damages or otherwise shall be due and payable within the time provided in the Constitution or, where no term is provided, within the time limited by the Committee or 14 days as the case may be and if not paid shall be recoverable from the member as a debt due to the Club.

The property assets and income of the Club howsoever derived shall be applied towards the attainment and furtherance of the objects of the Club and no portion thereof shall be paid or transferred either directly or indirectly by way of dividend, bonus or otherwise to members of the Club provided however that nothing herein contained shall prevent payment in good faith of remuneration to any officer or servant of the Club or any member in return for services actually rendered nor prevent the Club paying a commercial rate of interest to any member of the Club from whom it borrows money from time to time.

2) Should the Club be wound up for any reason whatsoever and there remain “surplus assets” as defined in the Act such surplus assets shall be transferred to the Association which shall hold the same upon trust and;

a) In the event that a Club with objects similar to those of this Club is established and becomes an affiliate of the Association within five years of the date of winding up, transfer those surplus assets to the Club; or

b) Failing the establishment of such a Club within five years transfer those assets to the Hearing Dogs/Guide Dogs/Cancer Research and Adelaide Children’s Hospital or in the event the charity has ceased to function to such other charitable organisation as the Association considers appropriate.

1) All rules of the Club made under the provisions of a Constitution of the Club in force immediately prior to the adoption of this Constitution shall be deemed to have been made under clause 14 of this Constitution and shall continue in force until repealed or amended in accordance with clause 14.

2) Any action validly taken by the Club or any Committee or other member of the Club on its behalf pursuant to the Constitution, rules or by-laws of the Club in force immediately prior to the adoption of this Constitution shall continue to be valid and binding on the Club not withstanding the adoption of the Constitution.

1) Notice of intention to propose such repeal or amendment is given in writing by the member proposing such repeal or amendment to the Secretary of the Club not later than one month prior to the date of the Annual General Meeting or Special Meeting at which it is to be included as an item of business;

2) Such repeal or amendment is proposed as a special resolution at an Annual General Meeting or Special Meeting of the Club;

3) Such repeal or amendment is passed as a special resolution of the Club at such Annual General Meeting or Special Meeting; and

1) Declaration of Honour: All members of the Bull Terrier Club do undertake not to breed from or exhibit or cause to exhibit deaf Bull Terriers and furthermore that they will support the Club in every way practicable to stop the breeding from Deaf Bull Terriers – dogs or bitches owned by members or anybody else. Members also declare that they will not offer for sale or be in anyway concerned in the sale or offering for sale of deaf Bull Terriers. Members also agree that they will neither breed from nor offer at stud any animal which has suffered or is suffering from any inheritable painful defect.