Associations Incorporation Reform Act 2012
______
Constitution of the
Swan Hill Lawn Tennis & Croquet Club Inc.
Incorporation number: A0000407M
Ken Harrison Reserve
PO Box 4 Swan Hill 3585
www.swanhilltennis.com.au
Clubhouse
Phone/Fax (03) 50321823
Contents
1 Name 3
2 Definitions 3
3 Strategic Purpose 3
4 Powers of Association 4
5 Not for Profit Organisation 4
6 Financial Year 4
7 Membership, Entry Fees and Subscription 4
8 Honorary Membership 5
9 Register of Members 5
10 Ceasing Membership 5
11 Effect of Membership 6
12 Discipline, Suspension and Expulsion of Members 6
13 Powers of the General Committee 7
14 Composition of the General Committee 7
15 Office Holders 8
16 General Duties of Committee Members 8
17 President and Vice-President 8
18 Secretary 8
19 Treasurer 9
20 Election to the General Committee 9
21 Who is eligible to be a Committee member? 9
22 Removal of a General Committee Member 10
23 Vacancies 10
24 Proceedings at General Committee Meetings 10
25 Minutes of meeting 11
26 Conflicts 11
27 Delegations 12
28 Croquet Committee … a standing sub-committee 12
29 Other Committees 12
30 Disputes & Grievances 12
31 Indemnity 13
32 Annual General Meetings 13
33 Special General Meetings 14
34 Proceedings at General Meetings 15
35 Management of funds 15
36 Financial Records 16
37 Financial Statements 16
38 Common Seal 16
39 Registered Address 16
40 Notice Requirements 16
41 Custody and Inspection of Books and Records 17
42 Winding up and Cancellation 17
43 Alteration of Rules 17
44 Alteration to By Laws 17
45 Appendices 18
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1 Name
The name of the incorporated Club is the Swan Hill Lawn Tennis & Croquet Club Inc. (in these Rules called "the Club").
Note
Under section 23 of the Act, the name of the association and its registration number must appear on all its business documents.
2 Definitions
In these Rules, unless the contrary intention appears:
Act means the Clubs Incorporation Reform Act (VIC) 2012 and includes any regulations made under the Act,
Croquet Club means the permanent standing Croquet committee of the Swan Hill Lawn Tennis & Croquet Club,
Club means the Swan Hill Lawn Tennis & Croquet Club inc. – the Club, the Association,
CV means Croquet Victoria,
Financial year means the year ending on 30 June;
General Committee means the committee of management of the Swan Hill Lawn Tennis & Croquet Club;
General Meeting means a general meeting of members convened in accordance with Rule 33.
Intellectual Property means all rights subsisting in copyright, business names, names, trade-marks (or signs), logos, designs, equipment including computer software, images (including photographs, videos or films) or service marks relating to the Club or any event, competition or tennis/croquet activity of or conducted, promoted or administered by the Club.
Member means a member of the Club,
Objects means the objects of the Club in Rule 3
Regulations means regulations under the Act,
Relevant documents has the same meaning as in the Act.
Secretary of the Club is a reference:
a. if a person holds office under these Rules as Secretary of the Club: to that person; and
b. In any other case, to the public officer of the Club.
Special General Meeting means a special general meeting of members, convened in accordance with Rule 33,
TV means Tennis Victoria
3 Strategic Purpose
Tennis & Croquet – Learn, Play, Enjoy
Swan Hill Lawn Tennis & Croquet Club is committed to promoting the sport of tennis and croquet by providing excellent facilities, quality coaching and competitions to suit all standards of play.
Objects of the Club:
· Provide for the advancement, encouragement, conduct, promotion and administration of tennis & croquet,
· Affiliate and otherwise liaise with Tennis Victoria (TV), Croquet Victoria (CV) and such other bodies as may be desirable, in the pursuit of these Objects,
· Use and protect the Intellectual Property,
· Pursue through itself or others, such commercial arrangements, including sponsorship and marketing opportunities, as are appropriate to further the Objects,
· Select teams for tennis and croquet competitions and provide for their proper management,
· Promote the health and safety of members and employees,
· Act as final arbiter on all matters arising under the jurisdiction of the Club, including disciplinary matters,
· Formulate or recognise and implement appropriate policies, including policies in relation to equal opportunity, equity, drugs in sport, health, safety, vilification, abuse and such other matters as arise from time to time as issues to be addressed in tennis and croquet,
· Represent the interests of members and of our Club in any appropriate forum,
· Have regard to the public interest in its operations,
· Seek and obtain improved facilities for the enjoyment of tennis and croquet, and
· Undertake and or do all such things or activities which are necessary, incidental or conducive to the advancement of these Objects.
4 Powers of Association
4.1 Subject to the Act, the Club has power to do all things incidental or conducive to achieve its purposes.
4.2 Without limiting Rule 4.1, the Club may:
4.2.1 Acquire, hold and dispose of real or personal property,
4.2.2 Open and operate accounts with financial institutions,
4.2.3 Invest its money in any security in which trust monies may lawfully be invested,
4.2.4 Raise and borrow money on any terms and in any manner as it thinks fit,
4.2.5 Secure the repayment of money raised or borrowed, or the payment of a debt or liability,
4.2.6 Appoint agents to transact business on its behalf,
4.2.7 Enter into any other contract it considers necessary or desirable.
The Club may only exercise its powers and use its income and assets (including any surplus) for its purposes.
5 Not for Profit Organisation
5.1 The Club must not distribute any surplus, income or assets directly or indirectly to its members.
5.2 Rule 5.1 does not prevent the Club from paying a member:
5.2.1 Reimbursement for expenses properly incurred by the member, or
5.2.2 For goods or services provided by the member,
5.2.3 If this is done in good faith on terms no more favourable than if the member was not a member.
Note
Section 33 of the Act provides that an incorporated association must not secure pecuniary profit for its members. Section 4 of the Act sets out in more detail the circumstances under which an incorporated association is not taken to secure pecuniary profit for its members.
6 Financial Year
The financial year of the Club is each period of 12 months ending on 30 June.
7 Membership, Entry Fees and Subscription
A person who applies and is approved for membership as provided in these Rules is eligible to be a member of the Club on payment of the annual subscription payable under these Rules.
7.1 An application of a person for membership of the Club must:
7.1.1 Be made in writing in the form set out by the General Committee, and
7.1.2 Be lodged with the Secretary for a tennis membership or for croquet membership with the Croquet committee, and
7.1.3 Be accompanied by the sum of the annual subscription payable under these Rules.
7.2 The appropriate committee must determine whether to approve or reject the application.
7.3 If the General committee or Croquet committee approves an application for membership, the Secretary or his/her nominee must, as soon as practicable:
7.3.1 Notify the applicant in writing of the approval for membership.
7.3.2 The Secretary must, within 28 days after receipt of the amounts referred to in sub-rule 7), enter the applicant's name in the register of members.
7.3.3 An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of members.
7.4 If the General Committee or Croquet Committee rejects an application, the committee must, as soon as practicable, notify the applicant in writing that the application has been rejected and refund their subscription.
7.5 A right, privilege, or obligation of a person by reason of membership of the Club:
7.5.1 Is not capable of being transferred or transmitted to another person, and
7.5.2 Terminates upon the cessation of membership whether by death or resignation or otherwise.
7.6 There shall be no entrance fee.
7.7 The annual subscription is to be decided by the General Committee by their September meeting and is payable in advance on or before the 1st day of November in each year.
7.8 NEW: Only full members, either student or adult and Life Members have the right to vote at general meetings; Special General Meetings or Annual General Meetings.
8 Honorary Membership
8.1 Persons over the age of 18 years possessing the following qualifications may be admitted as Honorary Members of the Club for the periods respectively shown:
8.1.1 Any person is a partner of a club member,
8.1.2 Any person who is a member of Tennis Victoria or the Victorian Croquet Association and who is temporarily visiting Swan Hill, for any period not exceeding two weeks,
8.1.3 Any person who is competing in a tennis or croquet event or other tournament organised by the Club,
8.1.4 Members of any organised sporting, social, cultural or community service club, who may, with the approval of the Committee, are invited to visit or use the Club,
8.1.5 The Committee shall have power to elect as honorary members for any period not exceeding 12 months any members of the Central Murray Football & Netball League Umpires.
8.2 The name and address of any person who is elected as an Honorary Member shall be entered in a book provided for that purpose.
8.3 An Honorary Member is entitled to admission to and use of the Club House and other Club facilities without payment of any subscription subject to the Club By-laws from time to time laid down by the General Committee.
8.3.1 Their membership may be cancelled at any time by the President or the General Committee.
8.3.2 Honorary members have full membership rights with the exception of voting and standing for the General Committee.
9 Register of Members
9.1 The Secretary shall keep and maintain a register of members in accordance with the Act and relevant privacy law, in which shall be entered the full name, address and date of entry of the name of each member, the class of membership.
9.2 The register shall be available for inspection by members at the address of the Club, having regard to privacy and confidentiality considerations, an extract of the Register, shall be available for inspection by Members, upon reasonable request.
10 Ceasing Membership
10.1 A member of the Club who has paid all moneys due and payable by a member to the Club may resign from the Club by giving one month's notice in writing to the Secretary of his or her intention to resign.
10.2 After the expiry of the period referred to in Rule 10.1 the member ceases to be a member.
10.3 Secretary must record in the register of members the date on which the member ceased to be a member.
11 Effect of Membership
Members acknowledge and agree that:
11.1 This Constitution constitutes a contract between each of them and the Club and that they are bound by this Constitution and the By-Laws,
11.2 They shall comply with and observe this Constitution and the By-Laws and any determination, resolution or policy which may be made or passed by the General Committee or any duly authorised committee,
11.3 By submitting to this Constitution and the By-Laws they are subject to the control and jurisdiction of the Club,
11.4 This Constitution and the By-Laws are necessary and reasonable for promoting the Objects and particularly the advancement and protection of tennis and croquet,
11.5 They are entitled to all benefits, advantages, privileges and services of Club membership, and
11.6 They will not become a party to any suit at law or equity, against the Club any General Committee member or any other Member or any other person subject to this Constitution, until all remedies and avenues of appeal allowed by this Constitution have been exhausted, save with the written consent of the Club.
12 Discipline, Suspension and Expulsion of Members
12.1 Where the General Committee is advised or considers that a Member has allegedly:
12.1.1 Breached, failed, refused or neglected to comply with a provision of this Constitution, the By-Laws or any resolution or determination of the Club, the General Committee or any duly authorised committee, or
12.1.2 Acted in a manner unbecoming of a Member, or prejudicial to the objects and interests of the Club and/or Tennis and/or Croquet, or
12.1.3 Brought him or herself or itself, the Club or Tennis or Croquet into disrepute;
12.2 The General Committee may commence or cause to be commenced, disciplinary and/or investigatory proceedings against that Member and, that Member, will be subject to, and submits unreservedly to the jurisdiction, disciplinary procedures and penalties and the appeal mechanisms of the Club as set out in the By-Laws or in such other form as may be determined by the General Committee from time to time.
12.3 Then the General Committee may as a consequence of clause (12.1);
12.3.1 Suspend a member from membership of the Club for a specified period, and or
12.3.2 Fine a member in accordance with the Regulations, and/or
12.3.3 Expel a member from the Club.
12.4 A resolution of the General Committee under clause (12.1),
12.4.1 Does not take effect unless the General Committee at a meeting held not earlier than 14 and not later than 28 days after the service on the Member of a notice under clause (12.1) confirms the resolution in accordance with this clause, and
12.4.2 Where the member exercises a right of appeal to the General Committee under this clause does not take effect unless the General Committee confirms the resolution in accordance with this clause.
12.5 Where the General Committee passes a resolution under clause (12.1) the Secretary shall as soon as practicable, cause to be served on the member a notice in writing: