BL.1 Definitions

1.1 Unless repugnant to the sense of the context:

The Council means the Councillors of the Institute elected or appointed pursuant to the Articles of Association.

Chapter Council means the Councillors of a Chapter of the Institute elected or appointed pursuant to these By Laws.

The Institute means the company registered as The Australian Institute of Quantity Surveyors

Annual Session of Council means a Council meeting or series of Council Meetings held from day to day at or about the time of the Annual General Meeting of the Institute.

Books includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any documents.

Member means a Corporate or Non-corporate member for the time being of the Institute.

Secretary means any person appointed to perform the duties of a secretary of the Institute and includes an Honorary Secretary.

The Office means the registered office for the time being of the Institute.

President includes a Vice President.

Register shall have the same meaning as books.

Month means calendar month.

Year means calendar year.

Territory means any State of the Commonwealth of Australia or any other area constituted a territory by resolution of the Council from time to time.

Chapter means the body of members in any particular territory.

Quantity Surveyor includes, but is not limited to the designations:

Cost or Budget: Consultant, Controller, Engineer, Manager or Planner

Estimator

Project manager or Planner

and similar callings dealing with any aspects of construction costs and planning, and means a person qualified under conditions laid down by the Institute from time to time and includes any teacher, lecturer professor or student involved in such callings.

Expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, photography and other modes of representing or reproducing words in a visible form.

Words importing the singular number only shall include the plural and vice versa.

1.2 The headings used in these By Laws are for ease of reference only and do not form part of the By Laws.

Application for Membership

BL.2 All applications for membership shall be in writing and shall be nominated by a Corporate Member of the Institute and shall be forwarded to the Secretary of the Chapter in the Territory in which the applicant resides or intends to reside. The Chapter Council shall on due investigation as to the qualifications, fitness and character of the applicant recommend to council to approve or refuse this application subject to any entrance examination or assessment prescribed in the Conditions of Membership from time to time.

Notice of Promotions Transfers Retirements and Rejections

BL.3 The Secretary of a Chapter shall notify in writing the Secretary of the Institute the recommendations of all promotions transfers resignations or retirements of members and of rejection of any application for membership.

Subscriptions

BL.4 All annual subscriptions shall become due and payable in advance on the first day of January in every year.

BL.5 Change of Address

5.1 A member of the Institute shall ipso facto be a members of the Chapter in the Territory in which he permanently resides. Persons elected to Corporate Membership may retain such membership even though they become permanently resident beyond the territories of the Institute.

5.2 A member who transfer his place of residence from one Territory to another shall notify the Secretary of the Institute within one month of effecting such a transfer

Overseas Members

BL.6 Members of the Institute who are temporarily or permanently resident outside Australia shall be eligible for attachment to any Chapter which they nominate, in default of which they shall be attached to the Chapter considered by the Institute to be most administratively convenient.

BL.7 Chapter Territories

7.1. To Queensland chapter the whole of the State of Queensland

7.2 To New South Wales the whole of the State of New South Wales.

7.3 To Victoria Chapter the whole of the State of Victoria and Tasmania.

7.4 To South Australia the whole of the State of South Australia and the Northern Territory

7.5 To Western Australia Chapter the whole of the State of Western Australia

7.6 To ACT Chapter the whole of the Australian Capital Territory.

The Institute may amend the boundaries of any Territory with the concurrence of the Chapter or Chapters affected.

New Chapters

BL.8 Any body of not less than five Corporate Members permanently resident in one locality may petition the Institute to be admitted as a new Chapter. The Institute shall have the power to admit a new Chapter only at the request or with the approval of the existing Chapter in the territory in which the new Chapter is proposed.

POWERS OF CHAPTER

BL.9 A chapter shall have the following powers within its Territory subject however to the provisions of the Memorandum and Articles of the Institute

Powers by Delegation

9.1 To further any of the objects set forth in Clause 3 of the Memorandum (hereinafter referred to as the objects of the Institute) under the direction of or powers delegated by the Institute

Subscription Levies

9.2 To receive or retain such parts as may be determined from time to time by the Institute of any fees, subscriptions or levies collected or raised by the Institute, and thereafter to apply the same in furtherance of the objects of the Institute and/or in conduct of the business of the Chapter.

Financial

9.3 To raise money in such manner as the Chapter shall think fit for the furtherance of the objects if the Institute. Provided that the chapter cannot borrow money without Council approval.

Property in Trust

9.4 The Institute shall hold in trust for the chapter any property held by it and execute all such deeds instruments acts and things as may be required to vest the same in the Institute.

Donations Prizes

9.5 To encourage and reward the study of Quantity Surveying and to grant awards prizes and donations in the name of the Chapter.

Social

To promote good feelings and friendly relationship among its members and between its members and other members of the Institute or members of kindred Bodies.

Publicity

9.7 To adopt any means of publicity as may seem expedient for promoting the objects of the Institute provided that the content of such publicity shall not knowingly contravene any principle declared by the Institute.

9.8 To enter into any agreements between the Chapter and Government Municipal Local and other authorities and public bodies and Associations and kindred bodies and the officials thereof provided that the scope of any such agreement does not extend beyond the boundaries of the territory of the Chapter and is only for the purposes of securing employment of members in a professional capacity or to secure or maintain the acceptance of the matters set forth in the next succeeding By Law. A Chapter can not enter into any agreement of any kind that is binding upon the whole of the members of the Institute.

9.9 To adopt such forms contracts and any other documents connected with the profession and to amend and /or copyright same always provided that the Chapter shall withdraw any such publication and cease to adopt same at such time as the Institute shall declare the same to be superseded by a similar publication of the Institute.

9.10 Pursuant to the preceding By Law any new Chapter admitted under By Law 8 shall conform to the practices for the time being of the Chapter in whose Territory such new Chapter is admitted.

New Members

9.11 To recommend to Council the admission of new members to the Institute subject to the Articles and to any rules or regulations proclaimed by the Institute from time to time. The Institute shall conduct any necessary examinations.

BL.10 All income and property of the Chapter shall in fact be income and property of the Institute held on trust for such Chapter and may be applied b the Chapter in accordance with the By Laws solely for the conduct of Chapter business and towards the promotion of the objects set forth in the Memorandum and in accordance with Clause 4 of the Memorandum.

BL.11 If upon winding up or dissolution of a chapter there remains after satisfaction of all its debts and liabilities any money or property the same shall revert wholly to the Institute.

BL.12 True accounts shall be kept by the Council in respect of each Chapter of the sums of money received and expended b each Chapter and the manner in respect of which such receipts and expenditure take place and of the property which such receipts and expenditure take place and of the property credits and liabilities of each Chapter. Each Chapter Council shall furnish the Council with such information as it requires to keep the accounts.

BL.13 The Institute may from time to time require of a Chapter that it transfer to the Institute such portion of the assets including moneys and securities for moneys held by the Chapter but not including any lands premises furnishings equipment or libraries for the use of members in such manner as may be determined from time to time.

BL.14 A Chapter may apply for and receive a special grant or grants of money from the Institute to be expended solely for the purposes approved by the Institute.

15.1 Annual General Meetings of each Chapter shall be held once at least in each year at such a place and such time not being fifteen months after the holding of the last preceding Annual General Meeting as the Chapter Council may determine.

15.2 The business of an Annual General Meeting of a Chapter shall be to receive and consider reports of the Chapter Council and to consider any statement of accounts and balance sheet submitted to the meeting to elect officers and other members of the Chapter Council in place of those retiring to elect members to the Council of the Institute in place of those retiring and to transact any other business which ought to be transacted at an Annual General Meeting and any business which is brought under consideration by the report of the Chapter Council.

BL.16 "A Special General Meeting of a Chapter shall be convened by the Chapter Council on the requisition of members made in accordance with Articles of Association or in default of the Chapter Council in doing so may be convened by the requisitionists themselves in terms of the said Articles of Association.

BL.17 Ordinary General Meetings

17.1 All General Meetings other than Annual and Special General Meetings shall be deemed to be Ordinary General Meetings.

17.2 At an Ordinary General meeting no question involving a vote of members of the Chapter shall be brought forward unless notice thereof in writing has been given in which case such notice setting forth the nature of the question shall be printed in the notice paper convening the meeting at which such question is to be put.

BL.18 Twenty one days notice of an Annual Ordinary or Special General Meeting shall be given by the Secretary of the Chapter to all members entitled to receive notice specifying the day, hour and place of meeting and nature of the business.

BL.19 The accidental omission to give notice of a Meeting to or the non-receipt of notice of a Meeting by any member shall not invalidate the proceedings of any Meeting.

BL.20 Quorum

20.1 No business shall be transacted at any Meeting unless a quorum of corporate member be present. Subject to the next succeeding By Law 20.2 five corporate members or fifteen percent of the corporate membership of the Chapter whichever is the greater personally present and entitle to vote on the subject or subjects before the Meeting shall be a quorum.

20.2 If within one half hour from the time appointed for the Meeting a quorum of corporate members is not present a Meeting if convened upon the requisition of corporate members shall be dissolved. in any other case the corporate members present shall constitute a quorum.

BL.21 Voting

21.1 Every question submitted to a Chapter Meeting excepting the election of the Council of Management shall be decided in the first instance on the voices or by the show of hands and in the case of an equality of votes the Chairman shall both on the show f hands and on poll have a casting vote in addition to the vote to which he may be entitled as a member.

21.2 At any General Meeting of a Chapter unless a poll is demanded by not less than ten per cent of the members present and entitled to vote a declaration by the Chairman that a resolution has been carried or carried by a particular majority or lost or not carried by a particular majority and an entry to that effect in the Minutes of the Chapter shall be conclusive evidence of the fact without proof of the number and proportion of the votes recorded in favour of or against such resolution.

BL.22 Voting by Poll

If a poll is demanded as aforesaid it shall be taken in such manner and either by ballot or otherwise and at such time (not exceeding fourteen days from the Meeting at which same is demanded) and place as the Chairman of the Meeting directs and either at once or after an interval of adjournment or otherwise and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

BL 23 Adjournment

The Chairman of a Chapter meeting may with the consent of the Meeting adjourn the same from time to time and from place to place but no business shall be transacted at an adjourned Meeting other than business unfinished at the Meeting from which the adjournment took place. Notice of such adjourned Meeting shall be sent to members.

BL.24 Visiting Members

Any member of the Institute shall be entitled to be present and take part in the discussion sat the meeting of any Chapter.

Votes of Members

BL.25 Subject to the next succeeding By Laws 26.1 and 26.2 every Corporate Member present in person at a meeting of the Chapter of which he is a member shall upon a show of hands and upon a poll have one vote but no member shall be entitled to vote on any question or be reckoned in quorum while nay subscription or other sum shall be due and payable by him to the Institute.

BL.26 Voting by Proxy

26.1 Any Corporate Member may appoint in writing any Corporate Member of the Chapter to be his fully authorised substitute for the purposes of the Meetings of the Chapter and any act or vote of such substitute shall be deemed to be the act or vote of such member and be equally binding and effective. The names and official address of all persons authorised as such representatives shall be recorded in a register.

Representatives of Members

26.2 any person representing two or more members shall for all purposes except debate be considered a separate member in respect of each of the persons represented by him.

BL.27 Composition of Council

27.1 There shall be Council of Management of each Chapter constituting of a President, Vice-President, Treasurer, Secretary, and not less than one or more than five other Corporate Members of the Chapter as decided from time to time by the Chapter in General Meeting provided that where the Corporate membership of a Chapter is less than twenty the office of Vice-President may be eliminated and/or the offices of Treasurer and Secretary combined as decided by the Chapter in General Meeting. The President may appoint a member of the Chapter Council as Assistant to the Secretary.

27.2 It is the policy of the Institute Council that no Chapter Council should be dominated by the representatives of any single enterprise.

Ex -officio Members of Chapter Council

BL.28 The Councillors of the Institute representing a Chapter shall be ex-officio members of such Chapter Council in addition to the numbers provided from time to time.

BL.29 Term of Office

29.1 Each member of a Chapter Council shall retire at each Annual General Meeting and shall be eligible for re-election.

29.2 Each member of a Chapter Council shall retain office until his retirement or until his death or resignation or dismissal by such Council at a special meeting of the said Council convened to investigate his conduct provided that no member shall be so dismissed unless he shall have been given an opportunity of attending such meeting and being heard in his own defence.

29.3 In the event of the incapacitation of the President the Vice-President shall possess all the powers of the President and shall act as such during the period of such incapacitation and in the event of the death or resignation of the President, the Vice President (notwithstanding anything contained in his By Law) shall become the president for the term of unexpired Presidency. A member who has held the office of President for the term of unexpired Presidency. A member who has held the office of President or Vice-President shall be eligible for election for a second time but thereafter he shall not be again eligible for election to such office until a period of three years has elapsed from the time of his relinquishing office.

29.4 The assumption by a Vice-President of the office of President in accordance with this By Law shall not be deemed to be an election of such Vice-President to the office of President.

Nominations for Office

BL.30 Nominations for the election of Officers and other membership of a Chapter Council and nomination for the election of membership to the Council of the Institute shall be in writing signed by the proposer and seconder and accepted by the member proposed. Such nominations must be deposited with the Secretary at least fourteen days before the date of the meeting. The election of such Officers and other members shall be by poll. If any member shall have been nominated for a higher office he shall be deemed to have been nominated for any lower office and if defeated for any higher office shall be deemed to be eligible for any such lower office.

Casual Vacancies

BL.31 Any casual or other vacancy which may occur in a Chapter Council may be filled by the appointment by such council of the candidate who received the next highest vote for the vacant office or position at the preceding Ordinary General Meeting. If there was no such candidate or he is unable or unwilling to accept the appointment the Chapter Council may appoint any other Corporate Member to fill the vacant office or position. Any such appointee shall hold office (subject to these By Laws) until the next ordinary General Meeting following his appointment.

Continuance in Office

BL.32 Subject to the preceding By Law 31 the Council of Management of a Chapter for the time being in office shall continue in office until the succeeding Council of such Chapter shall be elected.

Division of Chapter

BL.33 Where in any part of a Territory other than the Capital City of a State there reside a number of members sufficient for the purpose the Council may on the advice of the Chapter Council concerned define such part of a Territory as a Division thereof and without effect to the normal functioning of the Chapter as a whole the members resident in a Division may be empowered as follows:

33.1 To elect one or more representatives from their number as Council may determine and such elected representative shall be members of the Chapter Council in addition to the members defined in By Law 27.

33.2 To elect a Divisional committee appoint Honorary Officers and hold meetings both of the Committee and of members resident in the Division and conduct such business thereat and exercise such functions as the Chapter Council may from time to time appoint or approve.

33.3 A Divisional Committee shall be responsible to the Chapter Council concerned. The members of a Division shall be responsible for any financial or other liabilities incurred by the Division without prior approval of the Chapter Council concerned.

PROCEEDINGS OF A CHAPTER COUNCIL

BL.34 The Council of a Chapter shall meet as often as the business of the Chapter shall require but not less frequently than once in every two months.

Quorum

BL.35 Four members of a Chapter Council shall constitute a quorum.

BL.36 Convening of Meeting

The President or any three members of a Chapter Council may and the Secretary shall on the request of the President or three members convene a meeting of such Council.

Notice of Meeting

BL.37 At least seven days’ notice of a meeting shall be given to each member of a Chapter Council but the accidental omission to give notice to or the non-receipt of notice of a meeting by any member shall not invalidate the proceedings at any meeting.

BL.38 The President shall preside at all meetings of the Chapter and of the Chapter Council and will perform all duties commonly pertaining to that office provided that in the absence of the President the Vice-president shall preside and in the absence of both President and Vice-President the members present shall choose one of their number to be Chairman at such meeting.

Votes of Members

BL.39 At all meetings of a Chapter Council each member of such Council personally present shall have one vote and in the event of any equality of votes the President shall not be entitled to a casting vote and the motion shall be lost. If any two members personally present shall so require the voting shall be by ballot.

Adjournment

BL.40 If fifty per cent of the members present at any meeting of a Chapter Council shall so require any resolution passed at such meeting shall be adjourned to the next meeting of such Chapter Council for further consideration and the resolution shall not become effective unless confirmed by a majority at such next meeting provided however that the consideration of such resolution shall not be further adjourned unless a majority of the members shall so resolve.

Proceedings Confidential

BL.41 The Proceedings of a Chapter Council and of any Committee shall be confidential at the discretion of the Chapter Council.

POWERS OF A CHAPTER COUNCIL

BL.42 The management and control of the business and affairs and the funds of a Chapter shall be vested in the Council of such Chapter and a Chapter Council may exercise all the powers authorities and discretions of the Chapter except such as under the By Laws are expressly directed to be exercised by the Chapter in General Meeting but subject nevertheless to the provisions of the By Laws and any regulations made form time to time by the Chapter in General Meeting.

Minutes

BL.43 The Council shall cause Minutes to be made in books provided for the purpose of the following matters namely:

43.1 Of all appointments of officers and of members of the Council and of all Committees.

43.2 Of the names of the members of the Council present at every meeting of the Council and of any Committee.

43.3 Of the proceedings of all meetings of the Institute and of the Council and of Committees appointed by the Council.

BL.44 The Minutes of the proceedings of any and every such meeting if signed by the person purporting to be the Chairman of the Meeting or of the Meeting at which the minutes were declared to be correctly recorded shall be sufficient evidence of such proceedings without further proof of the fact stated in such minutes.

Copy of Minutes

BL.45 A copy of the Minutes of every Chapter meeting and meeting of the Council thereof shall be forwarded to the Secretary of the Institute within thirty days of the holding of such meeting.

Accounts

BL.46 The Chapter Council shall cause proper accounting and other records to be kept.

The Chapter Council shall caused to be made out and laid before each Annual General Meeting a statement of assets and liabilities and profit and loss account made up to a date not more than five months before the date of the meeting.

SUBSCRIPTIONS

BL.47 For the purposes of the Articles of Association a member shall be deemed to have paid his subscription when receipt of it appears in the books of the Institute, and in event of any dispute arising proof of crediting to the bank account of the Institute the proceeds of any cheque or the like instrument, or the production of the official receipt of the Institute (or in default the receipt butt) shall be sufficient evidence that payments has been made.

LETTERS AND PRACTICE DESCRIPTION

BL.48 A Corporate member practising with a non-corporate member may, providing the corporate member is an active partner or director, use the Institute logo on the firm’s stationery and may associate the firm with approved Institute advertising material. The member shall not use after the title of the firm any initials or describe the firm as members of the Institute.

INSTITUTE COLLEGES

BL49 National Council may establish Institute Colleges for specified professional interest groups or disciplines.

BL50 Membership of Institute Colleges will be open to all Institute corporate and affiliate members, as well as appropriately qualified and practically experienced non-QS professionals who work in (or with QS in) that specified related discipline.

BL50.1 Non-QS professionals seeking membership of the Colleges must on application present proof of their membership of a related professional institute or provide references and referees and may be required to attend an interview. Membership of a College by such non-QS professionals does not include membership of the Institute.

BL50.2 Grades of membership within Colleges may be introduced by the Institute Council as determined from time to time.

BL51 Each Institute College will have a Management Committee, consisting of a minimum of a Chair, Secretary and Treasurer.

BL51.1 The Management Committee will always be responsible to and report to the Institute National Council.

BL51.2 The Council will appoint the Management Committee for the first 12 months, after which the College members will elect the Committee from their membership every two years.

BL52 The Colleges may (within the confines of the Institute’s Memorandum, Articles of Association and By Laws) conduct such educational activities, projects, research and social functions as it proposes (but always subject to Council’s approval).

BL52.1 College operation and management will as appropriate, be the same as described in these By Laws for Chapters.

BL53 Members of Institute Colleges will not be entitled to use additional post nominals after their names. However, they will be able to list their level of College membership under their names on business stationery, resumes/CVs, job applications, tenders etc. The style and location of such listing will be as determined and promulgated by the Council from time to time.

BL54 Colleges will be required to submit annual budget forecasts to the Institute Finance Committee for inclusion in the Annual Budget approved by Council. They will be required to manage and acquit all funds provided to them in accordance with the Institute’s administrative guidelines and directives.

BL54.1 An AIQS member’s annual subscription will incorporate their membership of the Colleges. Non-AIQS members seeking membership of the Colleges will be required to pay an annual subscription equal to the amount of fees paid by AIQS affiliate/associate members of the same age.

BL54.2 Colleges may raise additional funding for College activities by way of attendance fees at seminars etc but may not impose obligatory levies on College members without Council approval.