The Australian Institute of Building
Approval of Amendments to the By-laws
At a General Meeting of Members of the Institute on 1 March 2013, more than three-fourths of the Corporate Members present in person or by proxy and voting at a General Meeting of the Institute specifically called for the purpose of which due notice had been given approved a series of changes to the Institute’s by-laws.
On 2 August 2013 in line with Article 14 of the Charter, Her Excellency the Governor-General of the Commonwealth of Australia approved the changes.
The principal amendments to the By-laws involve the reformation of the governing body of the Institute known as the Council to a substantially smaller number and to dissolve the current Executive Board of Management
The opportunity has also been taken to make a minor change to the language of the By-laws in regard to the appointment and term of Council representatives from the various Chapters of the Institute.
Full version of the new By-laws document can be obtained on the Institute’s website by selecting the following link - www.aib.org.au/publications
Witness under my hand 2 August 2013
Quentin Bryce AC
Governor-General
EXPLANATORY MEMORANDUM
Royal Charter of the Australian Institute of Building
On 7 October 1969 a Royal Charter ("the Charter") was granted to the Australian Institute of Building ("the Institute") - the sole chartered institution representing this nation’s professional practitioners both within Australia and abroad, of all the various disciplines of the Building Profession: Construction and Project Management; Quantity Surveying and Building Economics; Building Surveying and Certification; Property and Facilities Management; Housing; Building Services; Kindred Sciences and Technologies; Construction Law and Arbitration - Article 14 of the Charter provides that:
- the Institute may from time to time, by resolution approved by a ballot conducted in accordance with the By-laws, make such By-laws for the better execution of the Charter, the furtherance of the objects of the Institute and generally for regulating the affairs of the Institute as to the Institute seem fit and may from time to time rescind, vary or add to any By-laws and make others in their stead, but so that the By-laws for the time being are not in any respect repugnant to the laws of the Commonwealth of Australia or of any of the States or Territories comprised in the Commonwealth or inconsistent with the express provisions of the Charter.
- no By-law or any rescission or variation thereof or addition thereto shall come into operation until the same shall have been submitted to and approved by the Governor-General in and over the Commonwealth of Australia or the person for the time being administering the Government of the Commonwealth of Australia; and
- The Council of the Institute shall cause all such By-laws, when approved, to be printed and published together with the formal approval of the Governor-General in the Official Gazette of the Commonwealth of Australia.
Overview
The Australian Institute of Building, established under a Royal Charter granted on 7 October 1969, has undergone amendments to its by-laws, approved by a majority of the Corporate Members and subsequently ratified by Her Excellency the Governor-General on 2 August 2013. These amendments were enacted to reform the governing body of the Institute, transitioning from a larger Council to a smaller one and dissolving the current Executive Board of Management, while also making minor adjustments to the language regarding the appointment and term of Council representatives from the various Chapters. These changes aim to better align the governance structure with the evolving needs of the Institute and its members. The new by-laws, which are not inconsistent with the Charter or any Australian laws, are available for review on the Institute's website.
Scope and Application
The Australian Institute of Building Approval of Amendments to the By-laws applies to the members and the governing body of the Institute, including the Council and Executive Board of Management. The changes approved involve a reformation of the governing body to a smaller number and the dissolution of the current Executive Board of Management, with minor language changes regarding the appointment and term of Council representatives from the various Chapters of the Institute. The changes were approved by a ballot conducted in accordance with the By-laws, and the amendments were subsequently approved by the Governor-General in accordance with the Institute's Charter. The By-laws govern the affairs of the Institute, which represents professional practitioners in various disciplines of the building profession within Australia and abroad. The By-laws must be consistent with the laws of the Commonwealth, the states, and the territories, and the express provisions of the Charter. The approval of the Governor-General is required before the By-laws can come into operation, and they are published in the Official Gazette of the Commonwealth of Australia. The Act extends its application through subordinate instruments such as the By-laws themselves, which contain detailed rules and procedures for the operation of the Institute.
Key Provisions
The Australian Institute of Building’s by-laws have undergone significant changes, approved by a majority of the Corporate Members at a General Meeting on 1 March 2013. These changes were subsequently approved by Her Excellency the Governor-General of the Commonwealth of Australia on 2 August 2013, in accordance with Article 14 of the Charter (s.1). The key amendments include the reformation of the governing body of the Institute, known as the Council, to a substantially smaller number and the dissolution of the current Executive Board of Management. Additionally, the opportunity was taken to make a minor change to the language of the By-laws concerning the appointment and term of Council representatives from the various Chapters of the Institute. The full version of the new By-laws document can be accessed on the Institute’s website.
Under the Royal Charter of the Australian Institute of Building, which was granted on 7 October 1969, the Institute has the authority to make and amend its By-laws for the better execution of the Charter, the furtherance of the Institute's objects, and the regulation of its affairs (s.2). These By-laws must be approved by a ballot conducted in accordance with the Institute’s existing By-laws and must not be repugnant to the laws of the Commonwealth or inconsistent with the express provisions of the Charter. Any By-law, rescission, variation, or addition to the By-laws must be submitted to and approved by the Governor-General or the person administering the Government of the Commonwealth of Australia before it can come into operation. The Council of the Institute is required to print and publish all approved By-laws, along with the formal approval of the Governor-General, in the Official Gazette of the Commonwealth of Australia.
The obligations imposed by these By-laws on the parties and entities governed by the Institute include adherence to the newly reformed structure of the governing body, specifically the reduced size of the Council and the dissolution of the Executive Board of Management. Additionally, these By-laws require compliance with the changes in the language related to the appointment and term of Council representatives from the various Chapters of the Institute. The Council must ensure that all approved By-laws are published in the Official Gazette of the Commonwealth of Australia, ensuring transparency and legal validity.
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of these By-laws in the provided text. However, the process of By-law amendment and approval by the Governor-General indicates a stringent oversight mechanism to ensure compliance. Any failure to adhere to the approved By-laws or to follow the prescribed procedures for amendment and approval could potentially lead to legal challenges or disputes within the Institute or against the Institute, though specific penalties are not detailed in the provided text.