Associations Incorporations act 1981- Schedule 3
Rules of Wantirna Wasps Basketball Club
The name of the incorporated Association is Wantirna Wasps Basketball club (in these rules called “the Association”)
In these rules, unless the contrary intention appears:-
“Committee” means the committee of management of the association
“Financial year” means the year ending on 30 June
“General Meeting” means a general meeting of members convened in accordance with rule 11
“Member” means a member of the association
“Ordinary member of the committee” means a member of the Committee who is not an officer of the association under rule 21
“The act” means the Associations Incorporations Act 1981
“The Regulations” means regulations under the act
In these rules a reference to the secretary of an association is a reference:-
- where a person holds office under these Rules as Secretary of the Association to that person and
- in any other case, to the public officer of the Association
- Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretations Act 1958 and the Act as in force from time to time.
APPLICATIONS FOR MEMBERSHIP
- A natural person who is nominated and approved for membership as provided in these rules is eligible to be a member of the Association on payment of the entrance fee and subscription payable under these rules
A person who is not a member of the Association at the time of incorporation of the Association (or who was such a member at that time but has ceased to be a member) shall not be admitted to membership:-
- unless that person is nominated as provided in the sub-clause (3); and
- their admission as a member is approved by the committee,
A nomination of a person for membership of the Association
- shall be made in writing in the form set out in Appendix 1; and
- shall be lodged with the Secretary of the Association
- As soon as is practicable after the receipt of a nomination, the Secretary shall refer the nomination to the Committee
- Upon a nomination being referred to the Committee, the Committee shall determine whether to approve or reject the nomination
- Upon a nomination being approved by the Committee, the secretary shall, with as little delay as possible, notify the nominee in writing that he/she is approved for membership of the Association and request payment of the entrance fee and subscription within the period as nominated by the Committee
- The Secretary shall, upon payment of the amounts referred to in sub clause (6) within the period referred to in that sub-clause, enter the nominee’s name in the register of members kept by the Association and, upon the name being so entered, the nominee becomes a privileged member of the Association.
A right, privilege, or obligation of a person by reason of their membership of the Association:-
- is not capable of being transferred or transmitted to another person
- terminates upon the cessation of their membership whether by death or regulation or otherwise
ENTRANCE FEE AND SUBSCRIPTION
- The entrance fee is nil
- The seasonal subscription is to be determined by the Committee and is payable on or before the dates determined by the Committee
Register of Members
- The secretary shall keep and maintain a register of members in which shall be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Public Officer
RESIGNATION AND EXPULSION OF MEMBER
- A Member of the association who has paid all moneys due and payable by him/ her to the Association may resign from the Association by first giving one month’s notice in writing to the secretary of his/ her intention to resign and upon the expiration of that period of notice, the member shall cease to be a member.
- Upon the expiration of a notice given under sub-clause (1), the secretary shall make in the register of members an entry recording the date on which the member by whom the notice was given, ceased to be a member
Subject to these rules, the Committee may by resolution:
- Expel a member from the association
- Suspend a member from membership of the association for a specified period;
Fine a member in accordance with The Regulations (the regulations provide that the committee of an incorporated association may impose a fine not exceeding $20 on a member who commits a breach of the rules of the incorporated association) if the committee is of the opinion that the member:-
- Has refused of neglected to comply with the rules; or
Has been guilty of conduct unbecoming a member of prejudicial to the interests of the association
- A resolution of the Committee under the sub-clause (1)
- does not take into effect unless the 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 sub-clause (3) confirms the resolution in accordance with this clause; and
- where the member exercises a right of appeal to the association under this clause does not take effect unless the Association confirms the resolution in accordance with this clause.
Where the Committee passes a resolution under sub-clause (1) the secretary shall as soon as practicable, cause to be served on the member a notice in writing:
- setting out the resolution of the committee and the grounds on which it is based
- stating that the member may address the committee at a meeting to be held not earlier than 14 and not later than 28 days after service of the notice;
- stating the date, place and time of that meeting;
informing the member that he/she may do one or more of the following:
- Attend that meeting
- Give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution
- not later than 24 hours before the date of the meeting lodge with the secretary a notice to the effect that he/she wishes to appeal to the association in general meeting against the resolution
At a meeting of the Committee held in accordance with sub-clause (2), the committee:-
- shall give to the member an opportunity to be heard;
- shall give due consideration to any written consideration submitted by the member and
- shall by resolution determine whether to confirm or to revoke the resolution
- Where the secretary receives a notice under sub-clause (3), he/she shall notify the committee and the committee shall convene a general meeting of the Association to be held within 21 days after the date to which the secretary received the notice.
At a general meeting of the association convened under sub clause (5)
- no business other than the question of the appeal shall be transacted
- the Committee may place before the meeting details of the grounds for the resolution and the reasons for passing the resolution
- the member shall be given an opportunity to be heard and
- the members present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.
If at the general meeting:
- two-thirds of the members vote in person or by proxy in favour of the confirmation of the resolution, the resolution is confirmed, and
- in any other case, the resolution is revoked
ANNUAL GENERAL MEETING
1. The Association shall in each calendar year convene an annual general meeting of its members
2. The annual general meeting shall be held on such day as the Committee determines
3. The annual general meeting shall be specified as such in the notice convening it.
4. The ordinary business of the annual general meeting shall be;
a. To confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting
b. To receive from the committee reports upon the transactions of the Association during the last preceding financial year
c. to elect officers of the Association and the ordinary members of the committee; and
d. to receive and consider the statement submitted by the Association in accordance with section 30(3) of the Act.
5. The annual general meeting may transact special business of which notice is given in accordance with these rules
6. The annual general meeting shall be in addition to any other general meetings that may be held in the same year
SPECIAL GENERAL MEETING
1. All General meeting other than the annual general meeting shall be called special general meetings
2. The committee may whenever it thinks fit, convene a special group meeting of the Association and, where, but for this sub clause, more than 15 months would lapse between annual general meetings, shall convene a special general meeting before the expiration of that period
3. The Committee shall, on the requisition in writing of members representing not less than 5% of the total number of members, convene a special general meeting of the Association
4. The requisition for a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the secretary and may consist of several documents in a like form, each signed by one or more of the members making the requisition.
5. If the committee does not cause a special general meeting to be held within one month after the date on which the requisition is sent to the address of the secretary, the members making the requisition, or any of them, may convene a special general meeting to be held not later than 3 months after that date.
6. A special general meeting convened by members in pursuance of these rules shall be convened in the same manner as nearly as possible to that in which those meetings are convened by the Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring expenses.
NOTICE OF MEETING
1. The Secretary of the Association shall, at least 14 days before the date fixed for holding a general meeting of the Association, cause to be sent to each member of the Association at his/ her address appearing on the register of members, a notice by prepaid post stating the place, date and time of the meeting and the nature of business to be transacted at the meeting.
2. No business other than that set out in the notice convening the meeting shall be transacted at the meeting
3. A member designing to bring any business before a meeting may give notice of that business in writing to the secretary, who shall include that business in the notice calling the next general meeting after the receipt of the notice.
PROCEEDING OF MEETINGS
1. All business that is transacted at a special general meeting and all business that is to be transacted at the annual general meeting, with the exception of that specially referred to in these rules as being the ordinary business of the annual general meeting shall be deemed to be special business
2. No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.
3. Ten (10) members personally present (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting
4. If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting shall be convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the chairman at the time of adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place and if the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than six (6)) shall be a quorum
5. The president or in his absence the vice-president shall preside as chairman at each general meeting of the Association
a. If the president and the vice president are absent from the general meeting, the members present shall elect one of their number to preside as chairman to the meeting
6. The chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time, and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
7. Where the meeting is adjourned for 14 days of more, a like notice of the adjourned meeting shall be given as in the case of the general meeting
8. Except as provided in the sub-clauses (1) and (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
9. A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that in the minute book of the Association is evidence of the fact, without proof of the number of proportion of the votes recorded in favour of or against that resolution
10. Upon any question arising at a general meeting of the Association, each family comprising of one or more members has one vote only
a. All votes shall be given personally or by proxy
b. In the case of an equality of voting on a question, the Chairman of the meeting is entitled to exercise a second or casting vote
11. If at a meeting a poll of any question is demanded by not less than three members it shall be taken at that meeting in such a manner as the chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
a. A poll that is demanded on the election of a chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such a time before the close of the meeting as the chairman may direct
12. A member is not entitled to vote at any general meeting unless all moneys due and payable by him/her to the Association have been paid, other than the amount of the subscription payable in respect of the current subscription period
13. Each member shall be entitled to appoint another member as his/her proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
14. The notice appointing the proxy shall be in the form ser out in appendix 2
COMMITTEE OF MANAGEMENT
1. The affairs of the association shall be managed by a committee of management constituted as in rule 2.2
2. The committee
a. shall control and manage the business and affairs of the Association
b. may, subject to these rules, the regulations and the Act, exercise all such powers and functions as may be exercised the Association other that those powers and functions that are required by those rules to be exercised by general meetings of the members of the Association; and
c. subject to these rules, the regulations and the Act, has power to perform all such acts and things appear to the committee to be essential for the proper management of the business and affairs of the Association
3. The officers of the Association shall be:
a. A president
b. A vice-president
c. A treasurer
d. A secretary
4. The provisions of rule 23 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-clause (1)
5. Each officer of the Association shall hold office until the annual general meeting next after the date of his/her election but is eligible for re-election
6. In the event of a casual vacancy in any office referred to in sub clause (1) the committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following date of his/her appointment
7. Subject to section 23 of the Act, the committee shall consist of:-
a. The officers of the association; and
b. Up to 9 ordinary members
Each of whom shall be elected at the annual general meeting of the Association in each year
1. Each ordinary member of the Committees shall, subject to these rules, hold office until the annual general meeting next after the date of his/her election but is eligible for each re-election
2. In the event of a casual vacancy occurring in the office of an ordinary member of the Committee, the committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of his appointment
3. No husband and wife of the same family may serve on the committee over the same period of time except where all positions are not filled at the Annual General Meeting; any vacant position can then be filled by a spouse
ELECTION OF OFFICERS AND VACANCY
1. Nominations of candidates for election as officers of the association or as ordinary members of the committee:-
a. Shall be made in writing, signed by a member of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination) and
b. Shall be delivered to the secretary of the association not less than 7 days before the date fixed for the holding of the annual general meeting
2. If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting
3. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected
4. If the number of nominations received is equal to the number of vacancies to be filled, a ballot shall be held
5. The ballot for the election of officers and ordinary members of the committee shall be conducted at the annual general meeting in such usual and proper manner as the committee may direct
6. A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for another office for election at the same office
For the purposes of these rules, the office of an officer of the Association or of an ordinary member of the committee becomes vacant if the office or member:
Ceases to be a member of the Association
Becomes an insolvent under administration, within the meaning of the Companies (Victoria) code: or
Resigns his/ her office by notice in writing given to the secretary
PROCEEDINGS OF COMMITTEE
1. The committee shall meet at least 3 times in each year at such place, and such times as the committee may determine
2. Special meetings of the Committee may be convened by the president or by any 4 of the members of the committee
3. Notice shall be given to all members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.
4. Any 6 members of the Committee constitute a quorum for the transaction of the business of a meeting of the committee
5. No business shall be transacted unless a quorum is present and within half an hour of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same place and at the same hour of the day in the following week unless the meeting was a special meeting in which case it lapses.
6. At meetings of the committee-
a. The president or in his absence the Vice-president shall preside, or
b. if the president and the vice president are absent one of the remaining members of the committee as may be chosen by the members present shall preside.
7. Questions arising at a meeting of the Committee or any of the sub committee appointed by the committee shall be determined on a show of hands or, if demanded by a member by a poll taken in such a manner as the person presiding at the meeting may determine.
8. Each family, comprising one or more members, present at the meeting is entitled to one vote, except for players 18 years of age or over who may have an independent vote.
9. “family” shall be defined including parents, children, step parents, step children, half children and siblings
10. In the event of any equality of votes on any question, the person presiding may exercise a second or casting vote.
11. Notice of each committee meeting shall be served on each member of the Committee at a reasonable time before the meeting or at least two business days before the date of the meeting.
12. Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the committee.
1. The secretary of the Association, or his/her delegated appointee, shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the names of persons present at committee meetings.
1. The treasurer of the Association:-
a. Shall collect and receive all moneys due to the association and make all payments authorised by the association: and
b. Shall keep correct accounts and books showing the financial affairs of the association with full details of all receipts and expenditure connected with the activities of the association
2. The Accounts and books referred to in sub-clause (1) shall be available for inspection by members
REMOVAL OF MEMBER OF COMMITTEE
1. The association in general meeting may by resolution remove any member of the Committee before the expiration of his/her term of office and appoint another member in his/ her stead to hold office until the expiration of the term of the first mentioned member
2. Where the member to whom a proposed resolution referred to in sub-clause (1) makes representations in writing to the secretary or President of the Association (not exceeding a reasonable length) and requests that they be notified to the members of the Association, the secretary or the president may send a copy of the representations to each member of the association or, if they are not so sent, the member may require that they be read out at the meeting.
- All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two of three members of the committee so determined by the committee.
- The common seal of the association shall be kept in the custody of the secretary
- The common seal shall not be affixed to any instrument except by the authority of the committee and the affixing of the common seal shall be attested by the signatures of one member of the committee and one of the public officers of the association
ALTERATION OF RULES AND STATEMENT OF PURPOSES
- No alteration, addition or deletion shall be made to the Constitution or Statement of Purposes except at the annual meeting of the Association or by Special General Meeting duly called for the purpose
- A notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at his address shown in the Register of Members.
- Where a document is properly addressed prepaid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post.
WINDING UP OR CANCELLATION
- In the event of the winding up or cancellation of the incorporation of the Association the assets of the association shall be disposed of in accordance with the provisions of the Act (see part VIII of the Act for Winding up and Cancellation
CUSTODY OF RECORDS
- Except otherwise provided in these rules, the secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Association.
- The funds of the Association shall be derived from entrance fees, subscriptions, donations and other such sources as the Committee determines
- The committee shall have the power to delegate all or any of the powers conferred on them by the Rules to sub-committees (which shall not necessarily be comprised either wholly or in part by members of the committee) appointed by them and in such cases such sub-committees shall subject to the general supervision of the committee exercise the powers conferred upon them as fully and effectively as the Committee would be entitled to do.
- The committee shall have power to make By-laws and to amend, add or rescind same as occasion may require. Such By-laws must be consistent with this constitution and a copy of same shall be held by the secretary of the association