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Constitution
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Name
1. Name.
1.1. The name of the Association shall be –
1.1.1. Tourism Central Australia Inc.
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Logo
2.1. The Association shall have a logo in a form to be approved by Executive Committee and defined in the By-Laws.
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Aims
3.1. Association shall aim to:
3.1.1. Promote the region to encourage an increase in visitors and visitor nights.
3.1.2. Assist visitors to the region by providing them with relevant information.
3.1.3. Sell members products, gateway destination products and when requested by the visitors, non-members product.
3.1.4. Encourage appropriate tourism development in the region.
3.1.5. Encourage ongoing improvement of tourism facilities and infrastructure.
3.1.6. Educate the population of the region in the value and importance of tourism to the local economy.
3.1.7. Be an effective and pro-active lobby group to Government at all levels to further the interests of tourism within the region.
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Objectives
4.1. The objectives of the Association shall be as set forth below:
4.1.1. To liaise with and assist all levels of Governments, commercial organisations, community bodies and individuals involved in any way with tourism in the region.
4.1.2. To promote the region through effective marketing to achieve a greater awareness of what Central Australia has to offer the target markets.
4.1.3. To produce printed and other graphic information to promote the region to improve visitor access to the Central Australian holiday experience.
4.1.4. Encourage an environment conducive to tourism investment and the development of high quality tourist products.
4.1.5. Encourage tourism development, which is in harmony with, preserves and enhances Central Australia's environment and lifestyle.
4.1.6. Identify key development projects and encourage their establishment.
4.1.7. To encourage additional and innovative tourism products.
4.1.8. Improve product quality and develop a professional approach within the industry.
4.1.9. Foster and maintain good industrial relations.
4.1.10. Represent the tourism industry in the region and protect its interests.
4.1.11. Encourage commitment to and support for the industry by facilitating enhanced awareness and understanding of cultural, social and economic benefits generated by tourism within key groups including all levels of government, business and host community and regional media.
4.1.12. To facilitate effective co-ordination between the industry and Federal, Territory and Local Governments and other Agencies/Associations as necessary and in so doing represent the interests and welfare of the industry within Central Australia.
4.1.13. To sustain and increase membership of the Association and to provide appropriate service to members.
4.1.14. To take any other action deemed necessary or expedient to promote tourism.
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Powers
5.1. To acquire any property, real or personal, by purchase, exchange, gift, devise, lease or by any other means whatsoever, whether or not subject to any special or other condition or conditions, and to sell all or any of the real or personal property of the Association, and to let, exchange or otherwise dispose of and execute conveyance, transfers, mortgages and assurances thereof.
5.2. To employ part time or full time any person or persons, company or organisation to assist the Association in the carrying out of its objectives.
5.3. To apply for, receive and administer any grant or loan made to the Association under any State, Territory or Federal legislation or from individual or private organisations.
5.4. To borrow money on terms and conditions as the Association may think fit, including any mortgage or Bill of Sale on the security of the whole or any portion of the real or personal property of the Association.
5.5. To establish, assist or support the establishment of any institution or association established or to be established having similar objectives to the Association and for such purpose to transfer any of the property of the Association whether real or personal by sale or gift, devise or lease or by any other means whatsoever to any such institution or Association.
5.6. To invest all or any moneys of the Association:
5.6.1. At interest with a major recognised financial institution.
5.6.2. In debentures and/or securities with a major recognised financial institution.
5.6.3. In a current account with a major recognised financial institution.
5.7. To operate visitor information offices, booths and bays and to disseminate information relating to, and to make bookings of products.
5.8. To purchase for resale items of a tourist nature and to retail products.
5.9. To empower the Executive to make by-laws, rules or regulations for the due maintenance and control of the Association and for regulating the duties, control and conduct of persons in the employ of or under the care or control of the Association.
5.10. To do all such other lawful acts, matters and things as may be incidental to or conducive to the attainment of or execution of the objects of the Association and/or otherwise to manage the Association.
5.11. In addition to the above powers the Association shall be deemed to have all powers and authorities conferred and implied by all relevant Australian laws.
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Membership
6.1 There shall be seven (7) classes of membership who shall pay a membership subscription, save for Honorary Life, viz; Full, Individual, Community Group, Government Departments or similar, Partnership, Tourism Associate, Honorary Life. All members shall support the Association's aims and objectives.
6.1.1 FULL
All individuals carrying on business as sole traders, partnerships, corporations and Associations incorporated pursuant to all relevant Australian law, and any other persons or bodies carrying on a tourism–related business.
6.1.2 INDIVIDUAL
6.1.3 COMMUNITY GROUP
Predominantly volunteer based organisations directly involved in tourism.
6.1.4 GOVERNMENT DEPARTMENTS OR SIMILAR
Government departments and agencies.
6.1.5 PARTNERSHIP
All individuals carrying on business as sole traders, partnerships, corporations and Associations incorporated pursuant to all relevant Australian law, and any other persons or bodies carrying on a tourism–related business, who is not based in the Central Australian region, but is a full member of another Regional Tourism Association.
6.1.6 TOURISM ASSOCIATE
Entities not directly involved in tourism.
6.1.7 HONORARY LIFE
Honorary Life Membership may be conferred on an individual for the purpose of acknowledging outstanding service.
To be eligible for Honorary Life Membership, a person must have rendered service of a high order to the Association.
Members may submit to the Executive Committee names of Members proposed for Honorary Life membership.
An Annual General Meeting of Members shall be empowered, by the secret vote of a two third majority of Members present and entitled to vote thereat, to confer Honorary Life Membership on any individual who has been recommended by the Executive Committee for such conferral. At that Annual General Meeting a resume of the recipient's service shall be read and such resume shall form part of the minutes of the Annual General Meeting.
An Honorary Life Member shall be presented with an appropriate certificate or medallion.
An Honorary Life Member:
- shall not be required to pay a membership subscription
- shall have full membership rights including voting and eligibility for any office
- may resign by notifying the Chairman in writing
6.2 NEW MEMBERS
Individuals, businesses and community groups desirous of seeking membership shall apply on the prescribed form and in doing so shall agree to abide by the Code of Conduct and Ethics as defined in the By-Laws. Membership is granted for a twelve (12) month period from 1 July to 30 June or any outstanding part period thereof. Applications are to be approved or rejected by the Executive Committee, and if rejected shall be submitted to the next General Meeting for consideration if so requested by the applicant. The decision of the General Meeting shall be final.
6.3 MEMBERSHIP RENEWALS
Membership is granted for a twelve (12) month period from 1 July to 30 June or any outstanding part period thereof. Application for renewal of membership shall be made on the prescribed form by 1 September following the preceding membership year. Failure to lodge a membership renewal application by 1 September shall result in automatic forfeiture of membership. Any member whose membership is forfeited in terms of this clause shall be required to apply as a new member.
Membership renewals are to be approved or rejected by the Executive Committee and if rejected shall be submitted to the next General Meeting for consideration if so requested by the applicant. The decision of the General Meeting shall be final.
6.4 MEMBERSHIP SUBSCRIPTIONS
Membership subscriptions shall be set by a General Meeting of members. New members (except those rejoining under 6.3) who join during the course of the year shall pay a full twelve month subscription. Their membership subscription for the following year will be credited with an amount equivalent to the unused portion of the joining year.
Any member whose membership was forfeited in accordance with clause 6.3 above shall be required to pay a membership subscription for a full membership year.
All applications for membership or for renewal of membership shall be accompanied by a remittance of the appropriate membership subscription.
Upon approval of the application by the Executive Committee, membership subscriptions are neither refundable nor transferable.
6.5 CONDUCT OF MEMBERS
Rules governing the conduct of members shall be as defined in the By-Laws.
6.6 MEMBERSHIP RESIGNATION
Members may resign by notifying the Association in writing.
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Annual General Meeting
13. Annual General Meeting
13.1. An Annual General Meeting of members of the Association shall be held within 5 calendar months of the Association's year end.
13.2. The place and date of such Annual General Meeting shall be advertised in a local newspaper circulated in the Central Australian region at least 21 days prior to the date for such meetings.
13.3. A notice of meeting shall be posted to all members of the Association not later than 30 days before the date set for the meeting.
13.4. The failure to receive a notice of an Annual General Meeting by a member or members shall not in itself invalidate that Annual General Meeting.
13.5. Elections
13.5.1. The Chairman shall be elected at the Annual General Meeting.
13.5.2. The Executive Committee shall be elected at each Annual General Meeting
13.5.3. There shall be appointed at each Annual General Meeting a Public Officer pursuant to all relevant Australian laws.
13.5.4. There shall be appointed at each Annual General meeting an Auditor pursuant to all relevant Australian laws.
13.5.5. All nominations for the position of Chairman and Executive Committee positions shall be received in writing on the approved form at the Association's Registered Office at least five (5) working days prior to the holding of the Annual General Meeting.
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General Meetings of Members
14.1. The General Meeting shall be the policy making body of the Association.
14.2. There shall be a minimum of four (4) General Meetings of members called each year.
14.3. The notice of meeting shall be dispatched to all members of the Association not later than seven (7) days before the date set for the meeting.
14.4. The failure to receive a notice of a General Meeting by a member or members shall not in itself invalidate that General Meeting.
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Special General Meetings
15.1. A Special General Meeting may be called by the Executive Committee or on receipt by the Chairman of the Association of a requisition signed by at least twenty (20) members.
15.2. Notice of such Special General Meetings shall be given in the same manner as required for an Annual General Meeting.
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Executive Committee
16.1. All members of the Association, or appointed representatives of any Full, Individual, Community Group, Government Department or Similar, or Partnership of the association, save for Tourism Associate and Partnership members, shall be eligible for election to the Executive Committee.
16.2. Any body or authority specified in sub-clause 19.1.4, 19.1.5, 19.1.6, and 19.1.7 shall be deemed to include any successor organisation.
17. Executive Committee
17.1. The affairs of the Association shall be managed by an Executive Committee, which shall consist of the following:
17.1.1. Chairman who shall be a person who has or has had relevant experience in the tourism industry and has been elected by the Members of the Association at each Annual General Meeting.
17.1.2. Deputy Chairman who shall be an elected Executive Committee member, appointed by the Executive Committee at its first scheduled meeting after the Annual General Meeting.
17.1.3. Secretary who shall be an elected Executive Committee member, appointed by the Executive Committee at its first scheduled meeting after the Annual General Meeting.
17.1.4. Treasurer who shall be an elected Executive Committee member, appointed by the Executive Committee at its first scheduled meeting after the Annual General Meeting.
17.1.5. A minimum of six (6) persons and a maximum of eight (8) persons shall comprise the Executive Committee, in addition to the position of Chairman, elected pursuant to clause 9.1.
17.1.6. One (1) person nominated by members with business’ based within the Ayers Rock Resort, Uluru Kata Tjuta National Park and the general area or by the Executive committee.
17.1.7. One (1) person appointed by the Chief Executive of Tourism NT, such person to be a staff member of the Tourism NT based in Central Australia.
17.1.8. One (1) person appointed by the Director of the Parks and Wildlife Commission of the Northern Territory, such person to be a staff member of the Parks and Wildlife Commission of the Northern Territory based in Central Australia.
17.1.9. One (1) person appointed by the Alice Springs Town Council, such person to be an elected member of Council.
18. Declaration of Commercial Interest;
18.1.1. Where a member of the Executive Committee has an interest in a company or other body with which a contract is made or proposed to be made, or which has a direct or indirect interest in a matter under consideration by the Executive Committee, the member shall, as soon as practicable at a meeting at which the matter is to be dealt with and before the matter is discussed or debated, declare to the Executive Committee that he/she has the interest.
18.1.2. Such declaration of interest shall be recorded in the Minutes of the meeting and the meeting shall resolve whether or not the member shall remain present at the meeting during any discussion or debate on the matter.
18.1.3. In the event of a resolution that the member shall remain present, the meeting shall resolve whether or not the member may take part in any discussion or debate on the matter.
18.1.4. A member of the Executive Committee, who, in terms of this clause, declares an interest in the matter, shall not vote on that matter.
18.1.5. Where the Executive Committee member has an interest in common with the General membership, then this clause shall not apply.
18.2. Attendance
18.2.1. An Executive Committee member who fails to attend two consecutive meetings, or an aggregate of three meetings of the Executive Committee within the period of appointment without tendering an apology, the acceptance of which shall not be unreasonably or capriciously withheld, may be removed by the Executive Committee.
18.3. Resignation
18.3.1. Members of the Executive Committee may resign by giving notice in writing to the Association.
18.4. Vacancies
18.4.1. Should there be a vacancy in the elected members of the Executive Committee including the position of Chairman, between Annual General Meetings, then the remaining members of the Executive shall have the power to appoint another member to fill such vacancy.
18.4.2. The Executive Committee shall have regard to the highest votes polled at the previous Annual General Meeting for unsuccessful candidates to the Executive Committee for appointment to fill such vacancy.
18.5. Term of executive committee members shall be as follows:
18.5.1. Chairman
18.5.1.1. The term of the Chairman shall be one year. The retiring Chairman shall be eligible for re-election.
18.5.2. Elected Members
18.5.2.1. The term of an elected Executive Committee member shall be two years.
18.5.2.2. At each Annual General Meeting the positions of the four elected members whose two-year term has expired shall be declared vacant and election held for these positions.
18.5.2.3. Vacating members are eligible for re-election.
18.5.3. Appointed Members
18.5.3.1. The term of members appointed pursuant to clauses 18.1.5, 18.1.6, 18.1.7, and 18.1.8 shall be at the discretion of the appointing body.
18.6. Executive committee meetings
18.6.1.1. Executive Committee meetings shall be held each month unless a majority of three quarters of the Executive Committee resolve otherwise.
18.7. Powers of the executive committee
18.7.1.1. The Executive Committee: Shall control and manage the business and affairs of the Association,
18.7.1.2. May, subject to these rules, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these rules to be exercised by General Meeting of members of the Association; and
18.7.1.3. Subject to all relevant Australian laws and these rules, has powers to perform all such acts and things as appear to the Executive Committee to be essential for the proper management of the business and affairs of the Association.
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Executive Standing Committees
19.1. The Executive Committee shall have the power to set up Standing Committees under the chairmanship of an Executive Committee member.
19.2. Such a Standing Committee shall consist of a Chairman, as aforementioned and such persons as the Executive Committee sees fit to appoint.
19.3. Such Standing Committees shall meet as required and their role shall be to advise and make recommendations to the Executive Committee.
19.4. Such Standing Committees shall have no powers to act on their own account unless specified by the Executive Committee.
19.5. Recommendations of Standing Committees shall be conveyed to the Executive Committee in writing and the Executive Committee shall be empowered to accept or reject these recommendations as it sees fit.
19.6. Such Standing Committees will cease to hold office at the Annual General Meeting of the Association.
19.7. At the first meeting of the Executive Committee after the Annual General Meeting it is at the discretion of the Executive committee to review and re-establish of any standing committees.
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Industry Sector Meetings
19.1. The Executive Committee shall have the power to set up Standing Committees under the chairmanship of an Executive Committee member.
19.2. Such a Standing Committee shall consist of a Chairman, as aforementioned and such persons as the Executive Committee sees fit to appoint.
19.3. Such Standing Committees shall meet as required and their role shall be to advise and make recommendations to the Executive Committee.
19.4. Such Standing Committees shall have no powers to act on their own account unless specified by the Executive Committee.
19.5. Recommendations of Standing Committees shall be conveyed to the Executive Committee in writing and the Executive Committee shall be empowered to accept or reject these recommendations as it sees fit.
19.6. Such Standing Committees will cease to hold office at the Annual General Meeting of the Association.
19.7. At the first meeting of the Executive Committee after the Annual General Meeting it is at the discretion of the Executive committee to review and re-establish of any standing committees.report is to be considered.
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Finance
21.1. There shall be presented to each meeting of the Executive Committee financial statements as required by the Executive Committee.
21.2. There shall be maintained at all times proper books of account.
21.3. All cheques drawn on the Association's accounts require two signatures.
21.4. Authorised signatories on such accounts shall be any of the Executive Members and the General Manager.
21.5. At the Annual General Meeting the Chairman will present a full Financial Statement and Balance Sheet duly audited by the Auditor appointed for the purpose.
21.6. The Association's financial year shall be from 1 July to 30 June.
21.7. The income and property of the Association whencesoever derived shall be applied solely towards the promotion of the objectives of the Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members or relatives of members of the Association provided that nothing herein shall prevent the payment in good faith of remuneration to any officer or servant of the Association or to any member of the Association in return for any services actually rendered to the Association or reasonable and proper rent for premises let by any member of the Association.
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Employment of Staff
22.1. The Executive Committee shall be empowered to employ a General Manager and other staff at such salary and under such conditions as it sees fit in order to run the Association's affairs and activities.
22.2. The General Manager shall be responsible to the Executive Committee and shall carry out such duties and instructions as the committee may from time to time decide.
22.3. All other staff shall be responsible to and report to the General Manager.
22.4. The Executive Committee may delegate to the General Manager on such terms as it thinks fit, the responsibility and authority for the employment of staff.
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Voting
Voting at meetings shall be as follows:
15.1 ANNUAL GENERAL, GENERAL, AND SPECIAL GENERAL MEETINGS OF MEMBERS
Following classes of members shall be entitled to exercise the number of votes opposite their classification at Annual General, General and Special General Meetings of members. At a General Meeting, votes will only be taken from members in attendance.
CLASSES NUMBER OF VOTES
(a) Full 2 votes per member
(b) Individual 1 vote per member
(c) Community Group 1 vote per member
(d) Government Departments or similar 1 vote per member
(e) Honorary Life 1 vote per member
(f) Partnership Ineligible to Vote
(g) Tourism Associate Ineligible to vote
15.2 PROXY VOTES
Proxy votes shall be allowed at Annual General and Special General Meetings on Notices of Motion that have been circulated in accordance with this Constitution. A proxy vote shall be considered valid if delivered in the prescribed form to the General Manager's office at least twenty four (24) hours prior to the meeting concerned.
15.3 EXECUTIVE COMMITTEE MEETING
One vote per Executive Committee member in attendance provided that in an equality of votes the Chairman shall have a casting vote.
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Quorum
A quorum at meetings of the Association shall be as follows:
16.1 ANNUAL GENERAL, GENERAL AND SPECIAL GENERAL MEETINGS
A quorum of twenty-five (25) members present and entitled to vote is required.
16.2 EXECUTIVE COMMITTEE MEETING
A quorum of a simple majority is required.
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Indemnity
25.1. Members and persons acting within and pursuant to the authority of the Association or its Executive Committee who bona fide accept or incur pecuniary liability or loss on behalf of the Association will be indemnified and kept indemnified by the Association in relation to such liability or loss.
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Alterations to this Constitution
26.1. Alterations to this Constitution may only be made by a two third (2/3rd) majority of those present and entitled to vote at an Annual General Meeting or Special General Meeting called for the purpose, providing that a Notice of Motion proposing such change be lodged with the Chairman and circulated to members of the Association not less than 21 days prior to such meeting.
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Winding up
19.1 In the event of the winding up of the Association, it shall be conducted in accordance with all relevant Australian laws.
19.2 Any surplus funds, property or other assets shall, after the payment of any debts, be transferred to another institution or association having objects similar to this Association.
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Common Seal
28.1. This Association shall have a Common Seal, which shall be in such form as shall be approved by the Executive Committee and shall comply with all relevant Australian laws.
28.2. The common seal of the Association must not be used without the express authority of the Executive Committee and every use of that common seal must be recorded by the Secretary.
28.3. The affixing of the Common Seal to any document must be witnessed by any two (2) of the following:
28.4. the Chairperson
28.5. the Secretary
28.6. the Treasurer
28.7. The common seal of the Association must be kept in the custody of the Secretary or other person the Executive Committee from time to time decides
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General
Under existing circumstances, Tourism stands virtually alone as a consistent and significant source of growing levels of employment and revenue in the Northern Territory. The industry?s importance to our economy can be readily demonstrated by its dramatic emergence within a relatively short space of time from almost obscurity to its present position as the Territory?s major growth industry and now only second to mining in terms of its contribution to the Territory?s economy.
However, because of our relative isolation, the Territory is perceived as a high cost destination. For us to assume that the growth which has occurred in the past will continue unabated is folly. It will only be maintained by a concerted effort on the part of Government and ALL industry elements.
For our part, we have a clear and very specific responsibility in ensuring that growth is maintained. Our pursuit of individual prosperity must be accompanied by the persistent pursuit of excellence—excellence in terms of quality, service, cleanliness and perhaps, above all, value for money.
It must be fundamental to our philosophy that the customer comes first, second and third.
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Aims of the Code
All members shall comply with this Code of Conduct to:
Ensure that the public receive the best possible service from all operators within the tourism industry.
Maintain and enhance the reputation, standing and good name of the Association and its membership.
Encourage initiative and enterprise in the belief that properly regulated competitive trading by and between operators within the tourism industry will best serve the public interest and the wellbeing of the tourist industry.
Ensure that the public interest shall predominate in all considerations of the standards of competitive trading between operators in the tourism industry.
Encourage the growth and development of the tourism industry consistently with the above aims.
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Conclusion
Adherence to these principles of professional conduct and ethics signifies competence, fair dealing and high integrity.
Failure to adhere to these principles may subject a member to disciplinary action, as set forth in the Association?s Constitution and By-Laws.
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By-Law 1
A. Tourist Operators Relations with Consumers
1. Members shall inform their customers of all pertinent facts concerning tours, transportation, accommodation or other tourist services offered to consumers.
2. Members shall be factual and accurate when called upon to give an opinion to the consumer.
3. Members shall keep their employees informed in an accurate and timely manner of all alterations to services provided.
4. Members shall endeavour to eliminate any practices which could be damaging to consumers or to the dignity and integrity of the tourism industry.
5. Members shall consider every transaction with a customer to be confidential unless the customer authorises disclosure or such disclosure is required by law.
6. Members shall avoid misleading and doubtful superlatives in their advertising. Phrases such as ?our services are free? or ?it costs no more? or words of similar import should not be used unless such statements are true.
7. Members should advise their customers in writing, prior to the time initial payment is made for any booking, about cancellation policies and any service charges.
B. Tourist Operators Relations With Other Service Providers
8. Members shall follow the best traditions of salesmanship and fair dealing by according fair, objective and impartial representation of other service providers which they may from time to time represent.
9. Members shall not attempt in any legal manner or through actions or means violate the policies of other service providers to influence the employees of other service providers for the purpose of securing preferential consideration in the assignment of space or for any other purpose.
10. In the event of a complaint or grievance to a member by a customer against another service provider, members should, as a first step, notify the service provider involved so that it may have an opportunity to resolve the matter.
11. Members should share with other members the lessons of their experience and study which will improve the professionalism, competence and services of all those who operate within the tourism industry.
12. Members should conduct their business so as to try to avoid controversies with fellow members. In the event of a controversy between members, such controversy shall be referred to the Association for mediation or arbitration, where appropriate.
13. If an opinion is sought about a competitor, members shall render it with professional integrity and courtesy.
14. Members shall not deliberately interfere or induce the cancellation of a definite sale made by another member or otherwise cause a customer to break a contractual obligation.
15. Members shall not take advantage of the former affiliation of a new employee by use of unauthorised lists or records which may accompany the employee.
16. When a written complaint is lodged against a member the member should, upon notification of the complaint, co-operate with any inquiry initiated by the Association.
17. Members should encourage and promote membership of the Association so that the entire tourism industry and the public may benefit from the training, experience and high standards of members.
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By-Law 2
Conduct of Members
Members of the Association whether current members or applicants for membership shall, by signing either an application of membership or application for renewal, be deemed to be accepting the Code of Conduct and Ethics as defined in the By-Laws.
Failure by a member to abide by the abovementioned Code of Conduct and Ethics shall render a member liable to disciplinary action.
Disciplinary powers over members shall be deemed to fall within the powers conferred on the Executive Committee in accordance with Clause 8 of the Association?s Constitution as being part of the day to day conduct of the affairs of the Association and shall be dealt with in accordance with Section 4 of the By-Law 5 of the Association?s By-Laws.
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By-Law 3
Advertising and Promotion of Products
As a general rule only members shall be permitted to advertise in the Association?s publications and visitor information bays and booths.
Application to advertise shall be in writing and shall be subject to acceptance or rejection by the Executive Committee.
Members wishing to display brochures or other forms of advertising shall submit them to the Association?s office for this purpose.
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By-Law 4
Logo
The official logo of the Association shall be thus:-
(Domestic) (International)
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By-Law 5
Resolution of Disputes and Enforcement of Member Responsibility
Section 1
RESOLUTION OF CONSUMER DISPUTES
A. Members shall attempt to resolve any consumer or non-member disputes about tourist services directly with consumers or non-members and tourist suppliers who may be involved. Members will assist in efforts to mediate consumer or non-member disputes and attempt to arrive at solutions which are satisfactory to all concerned.
B. Subject to any agreement between the relevant parties the Association will arrange for arbitration, in accordance with the Association?s arbitration procedures of consumer disputes which cannot otherwise be resolved. Members are required to comply with binding arbitration of consumer disputes when arbitration is requested by either party and when all previous efforts to resolve the dispute in a reasonable time have not been successful.
Section 2
ARBITRATION OF DISPUTES BETWEEN MEMBERS
Subject to any agreement between the relevant parties the Association will arrange for arbitration of disputes between members when requested by the member or members involved. In these circumstances the member or members involved will be bound by the decision of such arbitration.
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By-Law 6
Criteria For Membership
1. Individuals, organisations, sole traders, partnerships and companies applying for membership shall satisfy the Association in the following areas:
a) The registration of its business name.
b) The holding of adequate Public Liability insurance.
c) i)The holding of the necessary permits and licences to operate.
ii) Adherence to the Bus Proprietors Association Code of Conduct by passenger vehicle operators
d) The existence of a marketing strategy over the ensuing 12 month period.
e) Its financial viability.
The Association reserves the right to make any credit checks that are deemed necessary and to check the validity of licences or permits. The Association?s Executive Committee reserves the right to accept or reject any applications for membership or any applications for renewal of membership.
2. Individuals, organisations, sole traders, partnerships and companies applying for renewal of membership are, by signing the renewal form, certifying that they are holding the necessary licences, permits and adequate Public Liability insurance.
3. The Executive Committee reserves the right to exclude Clause 1 above as a prerequisite for acceptance of membership for those applications not normally identified as being directly associated with the tourist industry.
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