Victorian Consolidated Legislation

Scout Association Act 1932 - SCHEDULE

INDEX Clauses

Page 1-3 Definitions 22 4-8 The Council-Constitution and duties 23 9-10
Meetings of the Branch 24 11-22 Meetings of the Council 25 23-36 The Committee
and management of the Branch 26 37 Vacation of office by members of the
Council and Committee 32 38-45 Retirement of members of the Council and
Committee 33 46-52 Chief Commissioner Designate-appointment 34 53-54 Chief
Commissioner-appointment and term of office 36 55 Chief Commissioner-casual
vacancy 37 56-57 Chief Commissioner-Powers 37 58 Honorary Treasurer 38 59
General Secretary 38 60 Seal 38 61-63 Accounts 38 64-65 Audit 39 66 Indemnity
39 67 Register of members of Council and Committee 39 68 Notices 39 69
Alteration of By-laws 39



CONSTITUTION OF THE SCOUT ASSOCIATION OF AUSTRALIA VICTORIAN BRANCH
Definitions
1. The Constitution of the Branch is set out in the following By-laws.
2. The provisions of the Act shall be strictly observed and in the event of
any inconsistency between the provisions of the Act and the provisions of
these By-laws the provisions of the Act shall prevail.
3. In these By-laws unless the context otherwise requires- "the Act" shall
mean The Boy Scouts Association Act 1932 as amended by the
Scout Association Act (Amendment) Act 1979 or any amendment or re-enactment
thereof; "the Australian Association" shall mean The Scout Association of
Australia (incorporated by Royal Charter 1967); "the Branch" shall mean the
Branch as defined in the Act; "Chief Commissioner" shall mean Chief
Commissioner of the Branch; "Chief Commissioner Designate" shall mean the
Chief Commissioner Designate of the Branch; "the Chief Scout" shall mean the
Chief Scout for the time being of Victoria; "the Committee" shall mean the
Branch Executive Committee for the time being appointed under or in accordance
with these By-laws or such number of members of such committee as under the
By-laws shall for the time being be entitled to act for such committee; "the
Council" shall mean the State Council for the time being of the Branch, being
the body incorporated by the Act under the name "The Scout Association of
Australia, Victorian Branch Council", and operating also under these By-laws;
"lay member" shall mean a member not being a Scouter; "warrant" shall have the
same meaning as is ascribed thereto by the Policy Organisation and Rules;
"Policy Organisation and Rules" shall mean the Policy Organisation and Rules
of the Scout Association of Australia 1976 and any amendment or re-enactment
thereof; "the Royal Charter" shall mean the Royal Charter dated 23 August 1967
whereby the Australian Association was incorporated and any amendment thereof;
"Scouter"-

   (a)  shall mean a person holding a Warrant from the Branch, but also;

   (b)  shall include the Chief Commissioner notwithstanding that his Warrant
        is issued by the Chief Scout of Australia; "Scout" shall have the
        meaning given to it from time to time by the Policy Organisation and
        Rules. Words importing the singular number only shall include the
        plural number and vice versa and words importing persons shall include
        Corporations and words importing the masculine gender shall also
        include the feminine gender. THE COUNCIL MEETINGS AND DUTIES INCLUDING
        MEETINGS OF THE BRANCH
4. The Council shall consist of-

   (a)  The Chief Scout;

   (b)  The persons for the time being respectively holding the following
        offices, namely President of the Branch, two Vice Presidents of the
        Branch, Honorary Treasurer, Chief Commissioner, Deputy Chief
        Commissioner, Assistant Chief Commissioners and all other
        Commissioners and Assistant Commissioners with the exception of
        Honorary Commissioners and Assistant District Commissioners;

   (c)  Area Presidents;

   (d)  General Secretary;

   (e)  Such other persons, not exceeding thirty-six in number, as may be
        elected by the Council from time to time as lay members;

   (f)  Two additional members from each Area Council approved by the
        Committee, one only of whom may be a Scouter. These additional members
        shall be respectively elected by the Area Council which they are to
        represent.

5. The Committee shall have power at any time to appoint any person to fill a
vacancy in lay members elected from time to time as members pursuant to Clause
4(e) and may appoint additional lay members for this purpose but so that there
shall be no more than thirty-six in number of such lay members in this
classification. Any person so appointed shall hold office only until the next
following Annual Ordinary General Meeting of the Council.
6. The members of the Council holding office on the coming into operation of
these By-laws shall continue to hold office but shall retire as provided by
these By-laws. DUTIES OF THE COUNCIL
7. The Council shall in accordance with Section 5 of the Act control the Scout
Movement in Victoria and may do all things necessary or requisite for
providing and maintaining an efficient organisation for the purposes of the
Branch including and without restricting the generality of the foregoing
provisions of this Clause the performance and exercise of all such powers and
duties as are delegated to it by the Australian Association under the
provisions of the Royal Charter.
8. The Council shall regulate its functions and duties in accordance with the
Policy Organisation and Rules. MEETINGS OF THE BRANCH
9. Once in each year the Council shall hold a Meeting of the members of the
Council and Scouters and other persons interested in the Branch and such
Meeting shall be called the Annual General Meeting of the Branch. The business
of this Meeting shall be to receive a report on the state or condition of the
Branch and the progress of its work and to make recommendations to the
Council. Such Meetings shall be called at such time and place as the Committee
shall prescribe by notice thereof published in a newspaper circulating
throughout the state of Victoria not less than fourteen days prior to the date
of the said Meeting.
10. Any person attending such Meeting may having given seven days prior notice
in writing to the General Secretary of his intention so to do submit any
matter to the Meeting for its consideration. MEETINGS OF THE COUNCIL
11. An Annual Ordinary General Meeting of the Council shall be held once in
every year at such time and place as the Committee may prescribe and such
Meeting shall be called the Annual Meeting of the Council. Extraordinary
General Meetings of the Council may be called at any time by the Chief Scout
or President of the Branch and shall be called by the General Secretary on
receipt by him of a requisition signed by at least ten members of the Council
for the calling of such Meeting. If the General Secretary shall fail to call a
Meeting within fourteen days after the receipt by him of such requisition the
members signing such requisition may themselves convene a Meeting of the
Council.
12. Fourteen days' notice at the least of every Meeting of the Council
(exclusive of the day on which the notice is served but inclusive of the day
for which the Meeting is called) specifying the place day and hour of Meeting
and (in case of special business) the general nature of the business to be
transacted shall be given by notice sent by post in a prepaid letter envelope
or wrapper addressed to each member at his last known address.
13. The accidental omission to give notice of a Meeting of the Council to any
member thereof entitled to receive notice shall not invalidate anything done
at such Meeting. PROCEEDINGS AT MEETINGS OF THE COUNCIL
14. The ordinary business of the Annual Ordinary General Meeting of the
Council shall be to receive and consider an income and expenditure statement
and balance sheet prepared in accordance with Clause 62 to elect members of
the Council and of the Committee, to appoint a President, two Vice Presidents,
Honorary Treasurer, Auditors and Solicitors and to consider such matters as
are submitted by the Committee or by a Meeting of the Branch of which notice
shall have been given in the notice calling the Meeting. All other business
transacted at an Ordinary Meeting and all business transacted at an
Extraordinary Meeting shall be deemed special.
15. Fifteen members of the Council personally present shall be a quorum.
16. No special business shall be submitted to a Meeting of the Council except
with the consent of the chairman of such Meeting or unless within seven days
after service of the notice calling the Meeting notice shall have been given
to the General Secretary of the Branch of the intention to submit such special
business to the Meeting. On receipt of such notice the General Secretary shall
forthwith give notice thereof to each person entitled to receive such notice
of Meetings.
17. The President of the Branch shall be entitled to take the chair at every
Meeting. If the President of the Branch shall not be present within fifteen
minutes after the time appointed for such Meeting the members of the Council
present shall choose one of their number to take the chair.
18. If within half an hour after the time appointed for the Meeting a quorum
is not present the Meeting shall stand adjourned until such day and at such
time and place as the chairman may decide and if at such adjourned Meeting a
quorum is not present those members who are present shall be a quorum and may
transact the business for which the Meeting was called.
19. Except as hereinafter provided every question submitted to a Meeting shall
be decided by a show of hands. In case of an equality of votes the chairman
shall have a casting vote in addition to the vote to which he is entitled as a
member of the Council.
20. At any Meeting a declaration by the chairman that a resolution has been
carried or carried by a specified majority or lost or not carried by a
specified majority and an entry to that effect in the books of the Branch
shall be conclusive evidence of the fact without proof of the number or
relative proportion of the votes recorded in favour of or against such
resolution.
21. The chairman of the Meeting may with the consent of the Meeting adjourn it
from time to time and from place to place.
22. Subject to the provisions of Clause 19 every member of the Council
personally present shall have one vote. No votes shall be given by proxy. THE
COMMITTEE AND MANAGEMENT OF THE BRANCH
23. The management of the business of the Branch and of the Council shall be
vested in the Committee which in addition to the powers and authorities by
these By-laws or otherwise expressly conferred upon it may exercise all such
powers and do all such acts and things as may be exercised or done by the
Branch or the Council and are not by the Act or by these By-laws expressly
directed or required to be exercised or done by the Council but subject
nevertheless to the provisions of the Royal Charter and of these By-laws and
to any regulations or directions from time to time made or given by the
Council provided that no regulation so made shall invalidate any prior act of
the Committee which would have been valid if such regulations had not been
made or given.
24. Without prejudice to the general powers conferred by the last preceding
Clause of to any other powers conferred by these By-laws but subject
nevertheless to the provisions of the Royal Charter and of these By-laws and
to any regulations or directions from time to time made or given by the
Council provided that no regulation so made shall invalidate any prior act of
the Committee which would have been valid if such regulations had not been
made or given it is hereby expressly declared that the Committee shall have
the power-

   (a)  to receive and accept donations, endowments and gifts of any property
        or assets whatsoever for the Branch or the Council and either subject,
        or not subject, to any special trusts or conditions;

   (b)  to purchase, take on lease or in exchange, hire or otherwise acquire
        and hold, any real and personal property and any rights or privileges
        which the Committee may think necessary or convenient for the purposes
        of the Branch, and, in particular, any land, buildings, easements,
        machinery, plant and stock in trade;

   (c)  to construct, improve, maintain, develop, work, manage, carry out or
        control any buildings, works, roads, ways, bridges, stores, plant and
        things which may seem calculated, directly, or indirectly, to advance
        the Branch's interests; and to contribute to, subsidise or otherwise
        assist, or take part in the construction, improvement, maintenance,
        development, working management, carrying out or control thereof;

   (d)  to invest and deal with all moneys, funds and assets of the Branch, or
        the Council, not immediately required for its purposes, in such manner
        as, from time to time, the Committee may determine;

   (e)  to borrow or raise money, with or without security, for any of the
        objects of the Branch or the Council, and to secure the same, or the
        repayment or performance of any debt, liability, contract, guarantee
        or other engagement, incurred or entered into by the Branch or the
        Council, in any way and, in particular by the issue of debentures
        charged upon all or any of the property of the Branch or the Council
        (both present and future) and to purchase, redeem or pay off any such
        securities;

   (f)  to pay salaries, honoraria, gratuities and other sums in consideration
        or recognition of services, as may, from time to time, be thought fit;

   (g)  to draw, make, accept, endorse, execute, discount and issue promissory
        notes, bills of exchange, bills of lading and other negotiable or
        transferable instruments;

   (h)  to sell or dispose of any part of the assets of the Branch or the
        Council for such consideration as the Committee may think fit;

   (i)  to sell, improve, manage, develop, exchange, lease, dispose of, turn
        to account, or otherwise deal with, all or any part of the property
        and rights of the Branch or the Council;

   (j)  to take or hold mortgages, liens and charges to secure payment of the
        purchase price, or any unpaid balance of the purchase price, of any
        part of the property of the Branch or the Council, of whatsoever kind
        sold by the Branch or the Council or any moneys due to the Branch or
        the Council from the purchasers or others;

   (k)  to apply for, secure, acquire (by grant, legislative enactment,
        assignment, transfer, purchase or otherwise) and to exercise, carry
        out and enjoy, any charter, licence, which any Government or Authority
        or any Corporation or other public body may be empowered to grant; and
        to pay for, aid in, and contribute towards carrying the same into
        effect;

   (l)  to apply for and obtain any statute, order, regulation or other
        authorisation or enactment which may be deemed expedient for any of
        the purposes of the Branch or the Council;

   (m)  to organise classes and lectures and to publish and sell or distribute
        papers, books, pamphlets and information for the purposes of creating
        or stimulating interest in, and promoting the objects of, the Branch
        or the Council, and to take all other measures which may seem
        necessary for providing and maintaining an efficient organisation for
        the purposes of the Branch or the Council;

   (n)  to encourage, aid and facilitate the formation of other bodies or
        organisations of Scouts and the enrolment as members or officers
        thereof, of persons of all ages and their instruction in the duties of
        citizenship generally, in Scouting, in handicrafts and technical
        knowledge, and the provision of classes, lectures and entertainments
        for their benefit and the establishment and provision of prizes,
        badges, certificates and other awards of merit, to be competed for, or
        awarded to them;

   (o)  to supply (with or without charges) and deal in, goods of all kinds
        for the use of Scouts provided that every Scout shall be left entirely
        free to obtain his equipment and every part thereof (whether of an
        official pattern or not), other than badges and decorations, from any
        persons, firm or corporation willing to supply the same and shall not
        be obliged to obtain such equipment, or any part thereof from the
        Branch;

   (p)  to assist past or present Scouts in establishing themselves in life,
        whether by means of apprenticeship or immigration or in any other
        manner and to form, contribute to, and administer special funds for
        that purpose;

   (q)  to accept and take by way of gift, and absorb upon any terms, the
        undertakings and assets of any society or body whether incorporated or
        not, carrying on work similar to any work for the time being carried
        on by the Branch and to undertake all, or any of the liabilities of
        any such society or body;

   (r)  to make and carry out any arrangements for joint working or
        co-operation with any other society or body, whether incorporated or
        not, carrying on work similar to any work for the time being carried
        on by the Branch or the Council;

   (s)  to undertake, execute and perform any trusts or conditions effecting
        any real or personal property of any description acquired by the
        Branch or the Council;

   (t)  to enter into any arrangement with any educational authorities or any
        department of the Government of the Commonwealth of Australia or of
        the State of Victoria; and

   (u)  to appoint such managers secretaries officers clerks agents and
        servants for permanent temporary or special services as may time to
        time be thought fit and to determine their powers and duties and fix
        their salaries or emoluments and to require security in such instances
        and to such amount as may be thought fit, and to remove or suspend
        them or any of them therefrom;

   (v)  Subject to the Act The Royal Charter and the By-laws and the Policy
        Organisation and Rules to make and vary and repeal orders for the
        regulation of the affairs of the Branch or of the Groups or bodies of
        Scouts for the time being controlled by the Branch or the Council or
        any of them;

   (w)  to enter into contracts and do all such other acts and things as are
        incidental or conducive to the attainment of any of the objects of
        purposes of the Branch or the Council or to the exercise of any of its
        said powers. CONSTITUTION OF THE COMMITTEE
25. Until otherwise determined at a Meeting of the Council the number of the
members of the Committee other than ex officio members as hereinafter defined
shall be not less than five nor more than fifteen.
26. The persons for the time being respectively holding the following offices,
namely President of the Branch, two Vice Presidents of the Branch, Honorary
Treasurer, Chief Commissioner, Chief Commissioner Designate, Deputy Chief
Commissioner, Assistant Chief Commissioners and such other Branch
Commissioners as the Committee may from time to time determine shall be ex
officio members of the Committee.
27. The persons other than ex officio members of the Committee at the coming
into operation of these By-laws shall continue to be members of the Committee
but shall retire as provided in these By-laws.
28. The Council shall have power from time to time to remove any member of the
Committee other than an ex officio member and subject to Clauses 25, 29 and 30
to appoint any other person to be a member of the Committee, to fill the
vacancy caused by removal or as an addition to the Committee.
	29.      (a)	No person other than an ex officio member of the Committee of or over the age of 65 shall be appointed or act as a member of the Committee but nothing in this Cluse prevents a person from acting as a member of the Committee during the period commencing on the day on which he attains the age of 65 years and ending at the conclusion of the Annual Ordinary General Meeting of the Council commencing next after that day.


   (b)  The office of a member other than an ex officio member of the
        Committee shall become vacant at the conclusion of the Annual Ordinary
        General Meeting of the Council commencing next after he attains the
        age of 65 years.

   (c)  Any act done by a person as a member of the Committee shall be valid
        notwithstanding that it is afterwards discovered he was of or over the
        age of 65 years at the time of his appointment or that this
        appointment had terminated by virtue of sub-clause (b) of this Clause.

   (d)  If any such vacancy has not been filled at the Annual Ordinary General
        Meeting of the Council at which the office became vacant the office
        may be filled as a casual vacancy pursuant to Clause 5 hereof;

   (e)  Notwithstanding anything in this Clause contained the provision hereof
        shall not apply to a person of or over the age of 65 years on 1
        January 1979.
30. No person other than an ex officio member of the Committee shall be
appointed or elected a member of the Committee unless he is at the time of his
appointment or election a lay member of the Council. Provided nevertheless
that the Committee shall have power at any time and from time to time to
appoint any person other than a Scouter (whether a member of the Council or
not) to be a member of the Committee either to fill a casual vacancy or as an
addition to the Committee, provided that the total number of members of the
Committee exclusive of ex officio members shall not hold office only until the
next following Annual Ordinary General Meeting of the Council, but shall then
be eligible for appointment or election to the Council if necessary and
re-election to the Committee. PROCEEDINGS OF THE COMMITTEE
31. The Committee may meet together for the despatch of business and adjourn
and otherwise regulate its meetings and proceedings as it may think fit and
may determine the quorum necessary for transaction of business and notice if
any which is to be given of any such meeting. Until otherwise determined seven
members of the Committee shall form a quorum.
32. The Committee may elect from its members a Chairman and a Vice-Chairman of
its meetings and determine the period for which they respectively are to hold
office. The Chairman so appointed shall take the chair at meetings of the
Committee, but if he is unable or unwilling to act at any such meeting the
Vice-Chairman shall take the Chair at that Meeting. If at the time fixed for
holding any Meeting neither the Chairman nor the Vice-Chairman shall be
present or being present shall be unable or unwilling to act the members of
the Committee present shall choose one of their number to be Chairman of the
Meeting.
33. Questions arising at any Meeting shall be decided by a majority of votes
and in case of any equality of votes the Chairman shall have a casting vote.
34. The Committee may delegate any of its powers to sub-committees consisting
of two or more members of the Committee. Every such sub-committee shall in the
exercise of the powers so delegated confirm to any regulations that may from
time to time be imposed upon it by the Committee. Any such sub-committee may
with the approval of the Committee appoint any person a member of such
sub-committee.
35. The Meetings and proceedings of any such sub-committee shall be governed
by the provisions herein contained for regulating the Meeting and proceedings
of the Committee so far as the same are applicable thereto and are not
superseded by any regulations made by the Committee under the last preceding
Clause.
36. All acts done by any Meeting of the Committee or by any sub-committee
shall notwithstanding that it shall afterwards be discovered that there was
some defect in the appointment of all or any of the members be valid as if
such member or members had been duly appointed. VACATION OF OFFICE BY MEMBERS
OF THE COUNCIL AND COMMITTEE
	37.      (a)	The office of a member of the Council shall become vacant-


   (i)  if he becomes of unsound mind or a person whose person or estate is
        liable to be dealt with in any way under the law relating to mental
        health;

   (ii) if by notice in writing to the Branch he resigns;

   (iii) if the Council by a majority of two thirds of such of its members who
        shall be present at a Meeting duly convened for the purpose shall
        resolve that such member shall retire.

   (b)  The office of a member of the Committee shall become vacant:

   (i)  if he becomes of unsound mind or a person whose person or estate is
        liable to be dealt with in any way under the law relating to mental
        health;

   (ii) if he is absent from three consecutive Meetings of the Committee
        without leave and the Committee determines that his office shall
        become vacant;

   (iii) if by notice in writing to the Branch he resigns;

   (iv) if the Committee by a majority of two-thirds of such of its members
        who shall be present at a Meeting duly convened for the purpose shall
        resolve that such member shall retire;

   (v)  if his office become vacant pursuant to Clause 29. RETIREMENT OF
        MEMBERS OF THE COUNCIL AND COMMITTEE
	38.      (a)	At each Annual Ordinary General Meeting of the Council one third of the lay members of the Council holding office under Clause 4(e) and one third of the members of the Committee other than ex officio members shall retire from office.


   (b)  If the number of the aforesaid lay members of the Council or the
        members of the Committee other than ex officio members is not three or
        a multiple of three, then the number nearest the one-third referred to
        in sub-clause 38(a) shall retire from office.

39. Subject to Clause 4 the one-third or other nearest number to retire in
each year shall be those who have been longest in office since their last
election and as between two or more who have been in office an equal length of
time the member to retire shall in default of agreement between them to be
determined by lot. The length of time a member has been in office shall be
computed from his last election or appointment where he has previously vacated
office. A retiring member shall be eligible for re-election. For the purpose
of this rule the length of time a member has been in office will include the
period during which he has been a member of the Council or Committee of the
Branch prior to the coming into operation of these By-laws.
40. Subject to Clauses 4, 29 and 30 the Council at any Annual Ordinary General
Meeting thereof at which any members of the Council or Committee retire in
manner aforesaid may fill up the vacated offices by electing a like number of
persons to be members of the Council or Committee (as the case may be).
41. If at any Annual Ordinary Meeting of the Council at which an election of
members of the Council or Committee ought to take place the places of the
retiring members are not filled the retiring members of the Council or
Committee or such of them as have not had their places filled shall if willing
to continue in office until the Annual Ordinary General Meeting of the Council
in the next year and so on and from year to year until their places are filled
unless (in the case of the Committee) it shall be determined at such Meeting
on due notice to reduce the number of the members of the Committee.
42. The Council may from time to time increase or reduce the number of the
members of the Committee and may also determine in what rotation such
increased or reduced number is to go out of office.
43. A person who is a retiring member of the Committee or who is recommended
by the Committee for election shall be eligible for re-election or election to
the Committee as the case may be. No other person shall be eligible for
election as a member of the Committee unless he is proposed by some member of
the Council and he or the member of the Council proposing him has, at least
seven clear days before the Meeting, left with the General Secretary of the
Branch a nomination in writing duly signed by the member of the Council and
the candidate.
44. Ex officio members shall not be liable to retirement by rotation or be
taken into account in determining the order of retirement.
45. Any election under these By-laws may be on a show of hands or by ballot as
the Chairman of the meeting at which such election shall be held may
determine. APPOINTMENT OF CHIEF COMMISSIONER DESIGNATE
46. The Committee shall recommend the appointment of a Chief Commissioner
Designate in accordance with these By-laws.
47. To enable it to make such recommendation the Committee shall appoint an
Advisory Committee from amongst its members.
	48.      (a)	The General Secretary of the Branch shall notify all persons who hold any one of the following offices, that is to say:


   (i)  A member of the Committee;

   (ii) A Branch Commissioner

   (iii) An Area Commissioner;

   (iv) A Regional Commissioner- that the Advisory Committee is about to
        consider a recommendation for the office of Chief Commissioner
        Designate and shall invite those persons to submit nominations by the
        method set out in Clause 49.

   (b)  Save as provided in Clauses 52 and 55 such recommendations shall be
        made as nearly as possible six months prior to the date upon which the
        person for the time being holding the office of Chief Commissioner is
        due to relinquish that office. The date upon which such recommendation
        is to be made is hereinafter referred to as "the recommendation date".
	49.      (a)	Thirty days prior to the recommendation date (or within seven days after the occurrence of the events referred to in Clauses 52 and 55) the General Secretary shall forward to each of the persons referred to in Clause 48 a nomination form in a form and containing such information as the Committee may from time to time require with advice that in order to be valid the form duly completed shall be lodged with the General Secretary by a specified date, which date shall be not less than fourteen nor more than twenty-one days thereafter.


   (b)  Any nomination shall be in the form provided for in sub-clause (a) of
        this Clause signed by the person submitting the same, and the person
        so nominated shall endorse upon the nomination form a statement of his
        willingness to accept the office.

   (c)  The nomination form duly completed as set out in sub-clause (b) of
        this Clause shall be forwarded to the General Secretary by the
        specified date, in a sealed envelope marked on the face thereof
        "Confidential-Nomination of the Chief Commissioner Designate".

   (d)  The Advisory Committee shall consider the names submitted, and table
        the nomination forms at a Meeting of the Committee, together with its
        recommendation.

   (e)  The Committee shall then determine the person who shall be recommended
        for approval pursuant to Clause 50. In so doing it shall accept or
        reject the recommendation of the Advisory Committee. In the event the
        Committee rejects the recommendation of the Advisory Committee it may
        decide upon one other of the names submitted, if there be any others;
        and if it does not so decide shall refer the matter back to the
        Advisory Committee for further recommendation.

   (f)  If any of the members of the Committee is amongst those nominated,
        such member or members shall retire from the Meeting of the Committee
        during the period the Committee is deliberating upon the matter
        referred to in sub-clause (e) of this Clause.
50. The President on behalf of the Committee shall advise the Chief Scout the
name of the person recommended by the Committee for appointment as Chief
Commissioner Designate immediately following such recommendation and shall
seek his approval. Upon such approval the person so recommended shall act as
Chief Commissioner Designate.
51. The Chief Commissioner Designate, whilst holding office shall act as a
Deputy of the Chief Commissioner, with such powers as the latter may delegate
to him and notwithstanding that at the same time there may be another person
also acting as Deputy Chief Commissioner.
52. In the event of a vacancy occurring in the office of a Chief Commissioner
Designate the procedure referred to in Clauses 47, 48, 49 and 50 shall
immediately become operative. RECOMMENDATION FOR THE APPOINTMENT OF CHIEF
COMMISSIONER
53. Two months prior to the date upon which the person holding office of Chief
Commissioner is due to relinquish that office, the President on behalf of the
Committee shall submit the name of the Chief Commissioner Designate to the
Chief Scout in order that the latter may convey such name to the Chief Scout
of Australia as a recommendation for appointment by the Chief Scout of
Australia as Chief Commissioner on and from the date upon which the office
becomes vacant. If the Chief Scout of Australia accepts such recommendation
the Chief Commissioner Designate shall become the Chief Commissioner from that
date.
54. A Chief Commissioner shall hold office initially for a term of three
years, but the Committee may, with the concurrence of the person holding the
office and subject to the approval of the Chief Scout of Australia extend the
term from time to time provided that such extension is for a period of not
more than three years and that the extension is made after nominations have
been called and a recommendation made in the manner set out in Clauses 47, 48
and 49 for an appointment as Chief Commissioner Designate and that no other
person has been approved as Chief Commissioner Designate pursuant to Clause
50. CASUAL VACANCIES IN OFFICE OF CHIEF COMMISSIONER
55. In the event of a vacancy occurring in the office of Chief Commissioner,
while he is holding that office, the following procedure shall apply:

   (a)  If the vacancy occurs before the appointment of a Chief Commissioner
        Designate-

   (i)  the procedure referred to in Clauses 47, 48 and 49 if not already in
        operation shall become operative;

   (ii) the Committee shall appoint a suitable person as Acting Chief
        Commissioner and he shall act as Chief Commissioner until the
        appointment of the Chief Commissioner Designate; and

   (iii) as soon as a recommendation for the appointment of a Chief
        Commissioner Designate has been made by the Committee the President on
        behalf of the Committee shall submit a recommendation through the
        Chief Scout to the Chief Scout of Australia to proceed immediately
        with the appointment of the Chief Commissioner Designate as the Chief
        Commissioner; and

   (b)  If the vacancy occurs after the appointment of a Chief Commissioner
        Designate, the latter shall act as Chief Commissioner and the
        President on behalf of the Committee shall submit the name of the
        Chief Commissioner Designate to the Chief Scout for appointment by the
        Chief Scout of Australia as Chief Commissioner.

CHIEF COMMISSIONER-POWER AND DUTIES
	56.      (a)	The Chief Commissioner is the Chief Executive Scouter of the Branch and (subject to the Royal Charter, the By-laws made thereunder and the Policy Organisation and Rules promulgated by the National Council under the Charter) is responsible to the Council for all Scout Activities within the Branch.


   (b)  The Chief Commissioner shall with the approval of the Committee
        appoint a Deputy Chief Commissioner and such if any Assistant Chief
        Commissioners, Branch Commissioners, Assistant Branch Commissioners
        and Field Commissioners, with such respective duties, as the Chief
        Commissioner may from time to time determine. CHIEF COMMISSIONER'S
        POWER TO DELEGATE
57. During the absence of the Chief Commissioner for Victoria or his temporary
inability from any other cause to carry out his duties of Chief Commissioner
the Committee with the approval of the Chief Scout and of the Chief
Commissioner if he is within Victoria and able to act may appoint the Deputy
Chief Commissioner or failing him another Commissioner to act as his delegate
for such period as he shall specify. HONORARY TREASURER
58. The Honorary Treasurer shall be appointed in accordance with Clause 14 and
his duties shall be determined by the Committee. GENERAL SECRETARY
59. The Committee shall appoint a General Secretary and may from time to time
where the General Secretaryship is vacant or the General Secretary is unable
to act appoint an Acting General Secretary who shall for the purpose of the
Act and these By-laws be deemed the General Secretary. SEAL
60. The General Secretary shall provide for the safe custody of the Common
Seal of the Branch and it shall not be used except pursuant to a resolution of
the Committee and every instrument to which the Seal is affixed shall be
signed by two members of the Committee and shall be countersigned by the
General Secretary or some other person appointed by the Committee for the
purpose.



ACCOUNTS
61. The Committee shall cause true accounts to be kept of the income and
expenditure of the Branch and the matters in respect of which such income and
expenditure take place and of the assets, liabilities and funds of the Branch.
62. At the Annual Ordinary General Meeting of the Council in every year the
Committee shall lay before the Council an income and expenditure account and
balance sheet made up to the year ending date of the year being reviewed at
that meeting and duly audited by an Auditor or Auditors appointed in
accordance with these By-laws.
63. The Committee shall lay before every meeting of the Branch a report on the
state and condition of the Branch and the progress of its work. AUDIT
64. An Auditor or Auditors shall be appointed by the Council and the
remuneration of such Auditor or Auditors shall be fixed by the Committee.
65. It shall be the duty of every officer and servant of the Branch to give to
the Auditor or Auditors such information and explanations as may reasonably be
required. INDEMNITY
66. Every member of the Council or the Committee and other officer or servant
of the Branch shall be indemnified by the Branch from and against all costs
and losses for which he may become liable by reason of any act or thing
reasonably done by him in the discharge of his duty and any paid officer or
servant shall similarly be indemnified from and against any costs losses or
expenses which he may reasonably incur or become liable to by reason of any
act or thing reasonably done by him in the discharge of any duty performed for
and with the authority of the Committee. REGISTER OF MEMBERS OF COUNCIL AND
COMMITTEE
67. The General Secretary shall keep and maintain a Register of Members of the
Council and Members of the Committee in which shall be entered the full names
and addresses and dates of election of every member and such other details as
the Committee may from time to time determine.



NOTICES
68. Any notice sent by post shall be deemed to have been served on the third
working day following that on which the envelope or wrapper containing the
same is posted and in proving such service it shall be sufficient to prove
that the envelope or wrapper containing the notice was properly addressed
prepaid and posted. ALTERATION OF BY-LAWS
69. These By-laws or any of them may at any time and from time to time
(subject to the provisions of the Act) be added to, abrogated or varied by a
resolution passed by a majority of not less than two-thirds of the members of
the Council present and voting at a meeting of the Council duly convened for
the purpose. ---------------