NORTH WODEN TENNIS CLUB INCORPORATED

CONSTITUTION

PART 1:PRELIMINARY

  1. Name

(1)The name of the association is North Woden Tennis Club Incorporated, hereafter referred to as ‘the Club’. The Club carries on its activities at Block 3, Section 28, Hughes in the Australian Capital Territory.

  1. Definitions

(1)In this Constitution:

financial year means the year starting on 1 July and ending on 30 June;

member means a memberof the Club, as described in section 5;

membership year means the year starting on 1 July and ending on 30 June;

register of members means an up-to-date record of all members of the Club kept by the Club;

Secretary means the person holding office under this Constitution asSecretary of the Club or, if no such person holds that office,the Public Officer of the Club;

the Act means the Associations Incorporation Act 1991;

the regulationmeans the Associations Incorporation Regulation1991.

  1. Application of Legislation Act 2001

The Legislation Act 2001 applies to this Constitution in the same way as it would if they were an instrument made under the Act.

  1. Objects

The objects of the Club are to:

(a)

(b)promote, encourage and advance the game of tennis, both social and competitive;

(c)properly manage and direct the financial affairs of the Club; and

(d)manage and maintain the tennis courts, clubhouse, grounds and other facilities at the Club.

PART 2:MEMBERSHIP

  1. Membership qualifications

(1)Any person or family can apply to the Committee to become a member of the Club by submitting a properly completed Club membership application form, seeking membership in one of the following categories:

(a)senior member – 19 years of age and over;

(b)junior member – under 19 years of age;

(c)student – 19 years of age and over, full time statuswith student identification card;

(d)family – up to 2 adults (19 years of age and over) and up to 7 children (under 19 years of age or students as defined above).

(2)Any person seeking student membership must attach to their membership application a copy of their current student identification card.

(3)Organisations can apply in writing to the Committee to become corporate members of the Club by submitting a properly completed Club corporate membership application form.

(4)An application for membership needs to be accompanied by the correct joining and membership fee.

(5)The submission of the completed application form by aprospective member indicates that they are prepared to abide by the rules for theconduct of the Club, as may be determined by the Committee under section 14(c).

(6)On receiving an application, the MembershipSecretary will issue the appropriate number of keys and tags to the applicant and they may begin to use the facilities. However, an applicant does not become a member of the Club until their application is considered and approved by the Committee at its next meeting. On approval, the MembershipSecretarywill enter the name in the register of members of the Club.

  1. Rejection of a membership application

(1)The Committee has the power to reject an application if it considers thatthe applicant is applying to join the Club for reasons that are detrimental to the interests of the Club and its objects.

(2)If the Committee rejects an application they will write to the applicant within seven days of their decision to advise that their fees will be refunded on return of the keys and tags.

  1. Honorary or honorary life membership

(1)Any senior member can nominate another member of the Club for honorary membership or honorary life membership on the basis of their active service in, or contribution to, the Club.

(2)The position of auditor, when filled by a volunteer, automatically attracts honorary individual membership for the period of the appointment.

(3)Consideration for honorary life membership will only be given to members with a minimum of ten years active service and who, in the opinion of the Club or Committee, are deserving of such recognition.

(4)Club members at a general meeting must approve any nomination for honorary membership (other than for the position of auditor) or honorary life membership.

(5)An honorary member will be exempt from the payment of fees for the period nominated by the Committee or Club members. An honorary life member will be exempt from the payment of fees for life.

  1. Membership entitlements not transferable

A right, privilege or obligation that a person has because of being a member of the Club:

(a)cannot be transferred to another person; and

(b)terminates on cessation of the person’s membership.

  1. Cessation of membership

(1)A person or organisation ceases to be a member:

(a)on their death (or, for an organisation, if it is wound up);

(b)on their resignation from the Club;

(c)on failing to pay their membership renewal fees,with no continuance given by the Committee (as per section 10(2));

(d)on their expulsion from the Club (see section 12).

(2)Members can resign from the Club by submitting a written resignation to the Membership Secretary, giving the date of effect of their resignation.

(3)If the resignation is received before 1 January of the relevant membership year, the Committee may refund half the annual membership fee paid.

(4)If a person ceases to be a member, the Membership Secretary must make an appropriate entry in the register of members recording the date that the member ceased to be a member.

  1. Membership and other fees

(1)Persons applying to join the Club will pay a joining fee and a membership fee. Continuing members will pay an annual membership fee.

(2)The annual membership fee for existing members is due by 31 July each year, and if not paid by 30 September of that year, continuance of membership will be at the discretion of the Committee.

(3)When renewing, members must advise if they are changing membership category (for example, moving from a junior to a senior membership) and pay the appropriate fee for that membership category.

(4)Joining and membership fees for any membership year will be set by the Committee prior to the beginning of that year, reflecting any recommendations from the previous Annual General Meeting.

(5)The Committee can determine arrangements for pro rata payments for new members wishing to join the Club after 1 July in any year.

(6)The Committee will determine fees for pennant tennis, tournaments, special competitions or any other events, as well as items such as playing fees, visitor fees, court hire, lighting, ball use and other similar items as may arise.

  1. Member Liability

The liability of a member to contribute towards the payment of thedebts and liabilities of the Club or the costs, charges andexpenses of the winding up of the Club is limited to theamount (if any) unpaid by the member in relation to membership ofthe Club as required by Section 10.

  1. Disciplining of members including expulsion

(1)If the Committeeis of the opinion that a member has:

(a)persistently refused or neglected to comply with aprovision of this Constitution;

(b)persistently refused or neglected to comply with the rules for the conduct of the Club, as may be determined under section 14(c);

(c)acted in a manner detrimental tothe interests or objects of the Club;

the Committee may, by resolution:

(a)expel the member from the Club; or

(b)suspend the member from certain rights and privileges ofmembership of the Club for a specified period.

(2)A resolution of the Committee under subsection (1) is of no effectunless the Committee, at a meeting held not earlier than 14 days andnot later than 28 days after service on the member of a notice undersubsection (3), confirms the resolution in accordance with thissection.

(3)If the Committee passes a resolution under subsection (1), thePresident or Secretary must, as soon as practicable, serve a written notice on themember:

(a)setting out the resolution of the Committee and the grounds onwhich it is based; and

(b)stating that the member may address the Committee at ameeting to be held not earlier than 14 days and not later than28 days after service of the notice; and

(c)stating the date, place and time of that meeting; and

(d)informing the member that the member may do either or bothof the following:

(i)attend and speak at that meeting;

(ii)submit to the Committee, at or before the date of thatmeeting, written representations relating to the resolution.

(4)At a meeting of the Committeementioned in subsection (2), the Committee must:

(a)give to the member mentioned in subsection (1) an opportunityto make oral representations; and

(b)give due consideration to any written representations submittedto the Committee by that member at or before the meeting; and

(c)by resolution decide whether to confirm or to revoke theresolution of the Committee made under subsection (1).

(5)If the Committee confirms a resolution under subsection (4), theSecretary must, within 7 days after that confirmation, by writtennotice inform the member of that confirmation and of the member’sright of appeal under section 13.

(6)A resolution confirmed by the Committee under subsection (4) does not take effect:

(a)until the end of the period within which the member is entitledto appeal against the resolution if the member does notexercise the right of appeal within that period; or

(b)if within that period the member exercises the right ofappeal, unless and until the Club confirms theresolution in accordance with section 13(4).

  1. Right of appeal of a disciplined member

(1)A member may appeal to the Club in general meeting againsta resolution of the Committee that is confirmed under section 12(4)within 7 days after notice of the resolution is served on the member,by lodging with the Secretary a notice to that effect.

(2)On receipt of a notice under subsection (1), the Secretary must notifythe Committee which must call a general meeting of the Clubto be held within 21 days after the date when the Secretary receivedthe notice or as soon as possible after that date.

(3)The notice calling for the general meeting must be accompanied by a notice of intention to propose the resolution as a special resolution.

(4)At a general meeting of theClub called under subsection (2):

(a)no business other than the question of the appeal may betransacted; and

(b)the Committee and the member must be given the opportunityto make representations in relation to the appeal orally or inwriting, or both; and

(c)the members present must vote by secret ballot on the questionof whether the resolution made under section 12(4) should beconfirmed or revoked.

(5)If the meeting passes a special resolution in favour of theconfirmation of the resolution made under section 12(4), thatresolution is confirmed.

(6)In exercising any power to resolve a dispute within the Club, any decision taken by the Committee or the general meeting is not taken to be valid unless, in any proceedings in relation to the dispute, the rules of natural justice have been complied with.

PART 3:COMMITTEE

  1. Powers of the Committee

The Committee, subject to the Act, the regulation, this Constitution, and toany resolution passed by the Club in general meeting:

(a)controls and manages the affairs of the Club; and

(b)may exercise all functions that may be exercised by the Club other than those functions that are required by this Constitution to be exercised by the Club in a general meeting; and

(c)has power to perform all acts and do all things that appear tothe Committee to be necessary or desirable for the propermanagement of the affairs of the Club. This includes compiling, amending and promulgating rules for the conduct of the Club.

  1. Membership of the Committee

The Committeewill consist ofthe four office-bearers of the Club, each of whom must be elected at the Club’s annual general meeting in accordance with section 20 or appointed inaccordance with section 17(2).

(1)The office-bearers of the Club are the:

  1. President;
  2. Vice-President;
  3. Treasurer; and
  4. Secretary and Public Officer;

(2)Each member of the Committee holds office until the conclusion of the next annual general meeting, unless otherwise decided at a general meeting, or unless a vacancy occurs in accordance with section 17.

(3)Members of the Committee are eligible for re-election, although the position of President can only be held for a period of threeyears at a time.

(4)A person is not eligible to simultaneously hold more than one position on the Committee.

(5)At the time of their election, all office bearers must be:

  1. senior members of the Club;
  2. financial members of the Club for a period of at least one year or, in the opinion of the members present, have demonstrated their commitment to the Club or their relevant experience and expertise in the period since their joining.

(6)As soon as practicable after election or appointment, the Committee must notify the Club of their contact details by a notice at the Clubhouse or by other means.

  1. Duties of Committee members

(1)The Presidentis responsible for:

(a)chairing generaland Committee meetings of the Club;

(b)representing the Club at official meetings and functions.

(2)The Vice President is responsible for assuming the duties of the President when the President is not available.

(3)The Treasurer is responsible for:

(a)maintaining accurate financial records of the Club, including details of all receipts and expenditure connected with the activities of the Club;

(b)reporting on the financial position of the Club at every Committee meeting;

(c)making payments as approved by the Committee;

(d)preparing the financial statement for submission to the annual general meeting;

(e)liaising with the Club’s auditor;

(f)preparing budgets and estimates of expenditure for the Club as required by the Committee;

(g)checking the Club’s mail box for items relevant to the Treasurer’s role.

(4)The Secretaryis responsible for:

(a)the administration of the Act as the Public Officer of the Club;

(b)keeping the minutes at general and Committee meetings, including:

(i)all elections and appointments of office-bearers and ordinary Committee members;

(ii)the names of members present at generaland Committee meetings;

(iii)all proceedings at generaland Committee meetings;

(c)making sure the minutes of the meeting are passed (with any amendments agreed by the Committee), and then signed by the person presiding at the next or a subsequent meeting;

(d)attending to all official correspondence;

(e)checking the Club’s mail box and email inbox for items relevant to the Secretary’s role;

(f)keeping a register of Club members.

17.Vacancies on the Committee

(1)A vacancy on the Committeeoccursif a Committee member:

(a)dies;

(b)ceases to be a member of the Club;

(c)resigns the office;

(d)is removed from office under section 19;

(e)becomes an insolvent under administration within the meaningof the Corporations Act;

(f)suffers from mental or physical incapacity;

(g)is disqualified from office under the section 63(1) of the Act; or

(h)is absent without the consent of the Committee from allmeetings of the Committee held during a period of six months.

(1)If there is a vacancy in the membership of the Committee, the Committee may appoint a member of the Club to fill the vacancy, to hold office until the completion of elections at the next Annual General Meeting.

  1. Disclosure of Committee member’s interest

(1)If a member of the Committee has any direct or indirect pecuniary interest in a contract or proposed contract to which the Club is or may be a party, the Committee member must:

(a)as soon as the interest becomes apparent to him or her, disclose the nature and extent of the interest to the Committee; and

(b)disclose the nature and extent of the interest at the next general meeting of the Club.

(2)A member of the Committee who has an interest in a contract or proposed contract referred to in subsection (1) must not take part in making any decision in relation to the contract or proposed contract, but may participate in any deliberations of the Committee in relation to the contract or proposed contract.

19.Removal of Committee members

By resolution at a General Meeting, the Clubmayremove any member of the Committee from office before the end of their term of office, subject to the rules of natural justice being complied with.

20.Committee Meetings and Quorum

(1)The Committee must meet at least 3 times in separate months in each calendar year atthe time and place and in the manner that the Committee decides.

(2)Additional meetings of the Committee may be called by the President of the Club.

(3)Oral or written notice of a meeting of the Committee must be givenby the Secretary to each member of the Committee at least 48 hoursbefore the time appointed for theholding of the meeting.

(4)Notice of a meeting given under subsection (3) must specify the general nature of the business to be transacted at the meeting. Committee members can also raise matters under ‘Other business’.

(5)Any three members of the Committee constitutes a quorum for thetransaction of the business of a meeting of the Committee.

(6)No business may be transacted by the Committee unless a quorum ispresent. If, within half an hour after the time appointed for themeeting, a quorum is not present, the meeting stands adjourned toa time and place agreed by the Committee members present.

(7)If at the adjourned meeting a quorum is not present within half anhour after the time appointed for the meeting, the meeting isdissolved.

(8)At meetings of the Committee:

(a)the President or, in the absence of the President, the VicePresidentpresides; or

(b)if the President and the VicePresident are absent, one of theremaining members of the Committee may be chosen by themembers present to preside.

(9)The Chair will determine the order of business of the Committee meeting.

21.Delegation by Committee to sub-Committee

(1)The Committee may, in writing, delegate to one or moresub-Committees (consisting of the members of theClub that the Committee considers appropriate) the exercise ofthe functions of the Committee that are specified in the delegating instrument,other than:

(a)this power of delegation; and

(b)a function that is imposed on the Committee by theAct, by any other Territory law, or by resolution of theClub at a general meeting.

(2)A sub-Committee of the Club will undertake the responsibilities as vested in them by the Committee, in accordance with the delegation.

(3)In its written delegation under subsection (1), the Committee may specify any conditions or limitations about the exercise of any function of the sub-Committee.

(4)Subject to subsection (3), a sub-Committee may meet and adjourn as it considers appropriate.

(5)A sub-Committee must report on its activities at each meeting of the full Committee.

(6)Despite any delegation under this section, the Committee maycontinue to exercise any function delegated, but it must make sure the sub-Committee is aware of any actions that impact on the sub-Committee’s delegation.