AUBURN BOWLS CLUB INCORPORATED
The name of the Association is the Auburn Bowls Club Incorporated (in these rules called the Club) and the Club premises are situated at Munro Street, Auburn.
(a) In these rules, unless the contrary intention appears:
“Committee” means the Committee of Management of the Club.
“Financial year” means the year ending on 30 April.
“General Meeting” means a general meeting of members convened in accordance with Rule 51.
“Member” means a member of the Club.
“Ordinary member of the Committee” means a member of the Committee who is not an officer of the Club under Rule 30(c).
“The Act” means the Associations Incorporation Act 1981. “The Regulations” means regulations under the Act.
(b) In these Rules, a reference to the secretary of a Club is a reference:
i where a person holds office under these Rules as secretary of the club – to that person; and
ii in any other case, to the public officer of the Club.
(c) Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.
The objects of the Club are set out in the Statement of Purposes of the Club. The funds of the Club may be derived from any of the activities set out in the Statement of Purposes and it is hereby declared that in the interpretation of this clause the meaning and effect of any object shall not be restricted by any other object and that each object shall be construed and have effect as an independent power and that the clause is to be construed so as to widen and not restrict the powers of the Club.
(a) To maintain and conduct a Club of non political, non sectarian, and non racial character for the purpose of playing Lawn Bowls and or such other recreational activities.
(b) To affiliate with and remain affiliated with the State governing body currently known as “Bowls Victoria” or as otherwise named.
(c) To promote at all times a spirit of friendly competitiveness.
(d) To encourage social occasions and the enjoyment of leisure.
(e) To make donations for patriotic or charitable purposes.
(f) To promote, develop and encourage the game of Bowls and such other sports, games, amusements, recreations, entertainments, pastimes and competitions, as the Club may deem expedient and to offer and grant or contribute towards the provision of trophies, prizes, awards and distinctions, in connection therewith.
(g) To construct establish provide maintain and conduct such bowling greens, playing areas and grounds as the Club may determine and to construct provide establish furnish and maintain Club houses pavilions and other buildings containing such amenities conveniences and accommodation either residential or otherwise as the Club may from time to time determine.
(h) To purchase lease or otherwise acquire hold any freehold or leasehold property or any easements rights or privileges which the Club may think requisite for the purposes of or capable of being conveniently used in connection with any of the objects of the Club.
(i) To raise money by entrance fees and subscriptions and to grant rights and privileges to subscribers and to make rescind annul alter or vary rules and regulations as to eligibility for admission to and duration (including life membership) determination and suspension of membership of the Club; entrance fees and subscriptions payable in respect of such membership; honorary members and visitors; the rights and privileges to be accorded to and the qualifications restrictions and conditions to be attached to the members of the Club; arrangements with any other clubs or associations for reciprocal concession or otherwise; committees of members in connection with the management of the Club; the appointment removal qualification disqualification duties functions powers and privileges of members of such committees and generally to manage the affairs of the Club and to do whatever may seem best calculated to promote the interests of the Club.
(j) In furtherance of the objects of the Club to buy sell and deal in all kinds of apparatus and all kinds of provisions and refreshments liquid and solid required by persons frequenting the Club’s grounds or premises.
(k) To carry on the business of caterers for the purpose of supplying refreshments liquid or solid to persons using or to visitors to the clubhouse grounds and premises of the Club and to apply for take out and hold licenses for the conduct of such business.
(l) To enter into any arrangements with any Government or authority, supreme, municipal local or otherwise, that may seem conducive to the Club’s objects or any of them; and to obtain from any such Government or authority any rights, privileges and concessions which the Club may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.
(m) To appoint, employ, remove, or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Club.
(n) To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the Club’s interests, and to contribute to, subscribe or otherwise assist and take part in the construction, improvement, maintenance, development, working management, carrying out, alteration or control thereof.
(o) To invest and deal with the monies of the Club not immediately required in and upon such securities and investments.
(p) To borrow or raise or secure the payment of money in such manner as the Club may think fit and to secure the same or the repayment or performance of any debt liability contract guarantee or other engagement incurred or to be entered into by the Club in any way and in particular by the issue of debentures perpetual or otherwise and to purchase, redeem or payoff any such securities.
(q) To make, draw, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments.
(r) In furtherance of the objects of the Club to sell, improve, manage, develop, exchange, lease dispose of turn to account or otherwise deal with all or any part of the property and rights of the Club provided always that notwithstanding anything herein contained or implied no portion of the premises of the Club which is covered by a Certificate of Registration under the Liquor Act 1968 (as amended) shall be leased.
(s) To take or hold mortgages, liens and charges to secure payments of the purchase price or any unpaid balance of the purchase price, of any part of the Club’s property of what- soever kind sold by the Club, or any money due to the Club from purchasers and others.
(t) To furtherance of the objects of the Club to amalgamate with institutions, societies, clubs or associations having objects altogether or in part similar to those “of the Club and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Club under or by virtue of clause 7 of this CONSTITUTION.
(u) In furtherance of the objects of the Club to purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of anyone or more of the institutions, societies, clubs or associations with which the Club is authorised to amalgamate.
(v) To enter into a guarantee or bond for the benefit of the Club and to indemnify any person or persons whether members of the Club or not who may in cure or have incurred any personal liability for the benefit of the Club and for the purpose to give mortgages charges or other security over the whole or any part of the real or personal property present or future of the Club.
(w) To establish support or aid in the establishment and support of associations funds trusts and conveniences calculated to benefit the members of the Club and to make payments towards insurance for any purpose including superannuation for employees.
(x) To apply for a renewal of the Club Licence and Permits in the manner prescribed under The Liquor Control Act 1968 for the Registration of Clubs.
(y) To elect a committee of management empowered to pursue these objects.
(z) To do all such other things as are incidental or conductive to the attainment of the objects and the exercise of the powers of the Club.
(a) The income and property of the Club, whensoever derived shall be applied solely towards the promotion of the objects of the Club as set forth in these rules, 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 of the Club (and no person or persons shall receive a greater profit, benefit or advantage from the Club than received by every Member thereof) other than a remuneration or honorarium approved by the Liquor Commission for work done by the Secretary, Treasurer or other Officer of the Club, or salary or wages paid to employees, or prevent the payment of interest on money borrowed from a member of the Club for any of the purposes of the Club.
(b) No payment or part payment shall be made to any Secretary, Manager or other Officer or servant of the Club by way of commission or allowance from or upon the receipts of the Club for liquor supplied.
The liability of the members is limited in accordance with Associations Incorporation Act 1981 (Clause 15) save that if a member, by any breach of these rules or by any unlawful act causes the Club or any officer of the Club to pay money, such member shall be civilly liable to the Club or such officer for the amount so paid.
The Club shall not be responsible for the loss or theft or damage to any article left in the Club by a member or visitor.
If on the winding up or dissolution of the Club there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among members of the Club but shall be given to or transferred to some other institution having objects similar to the objects of the Club to be determined by a general meeting of members of the Club at or before the time of dissolution.
(b) Full Members
(c) Restricted Members
(d) Social Members
(e) Special Members
(f) Honorary Members
Life Members and Full Members who are currently financial shall be entitled to all the privileges of the Club. Other members shall be entitled to such privileges as the Committee shall from time to time determine and/or as expressly stated in these Rules. The limit to the number of members in each category shall be as determined by a General Meeting of the Club.
(a) To attend Special and/or Annual General Meetings of the Club so that their directives to the Committee be truly representative of the wishes of the majority.
(b) To support Committee and sub-committee efforts directed to the well being of the Club.
(c) To readily assist Committee members when called upon.
(d) To conduct themselves in a manner conducive to harmony within the Club
(e) To support social functions and special efforts directed to improving the amenities for the enjoyment of all.
(f) To respect and comply with the Rules.
(g) To feel responsible for and to protect Club property.
(h) To draw attention to infringements of the Rules.
(a) The Secretary shall keep on the Club premises a register which shall contain the names and addresses of all members of the Club for the time being, with the date of payment by each member of the current year’s subscription. Details of subscriptions are set out in By-law 1.
(b) Every member shall communicate in writing his/her address or any change thereof to the Secretary, who shall register same. All notices posted or delivered to such address shall be deemed to have been duly received. If no address is given, notices left at the Club pavilion shall be deemed to have been delivered.
The Committee shall act as the Election Committee and a record shall be kept by the Secretary of the number of members voting.
(a) Any person who has rendered outstanding service to the Club may at any Annual or Special General Meeting, on the recommendation of the Committee and on receiving the votes of at least three-quarters of the members present and eligible to vote at such meeting, be elected a life member of the Club with full privileges but without payment of the annual subscription, provided always that there shall not at any time be more than eight life members of the Club excluding those life members who have attained the age of eighty five years. A nomination must be proposed by the Committee at least 28 days prior to the date set for the General Meeting at which the election will take place.
(b) A Life Member shall not be relieved of any financial obligation other than the Annual Subscription and/or special levies but shall be entitled to vote at any General Meeting.
(a) Each candidate for Full Membership shall be proposed in writing on the Club’s “Membership Nomination Form” by any two financial members of the Club provided that the proposer and seconder each shall have been a member of the Club for not less than 12 months. Candidates shall be selected for election by the Committee at such times and in such order of priority as the Committee shall from time to time in its absolute discretion determine. The name and address of each candidate, together with the names of the proposer and seconder, shall be posted on the notice board for at least fourteen days immediately preceding the day of election. Members who desire to object to the election of any candidate shall, prior to the day of election, communicate their objection in writing to the Secretary, stating the grounds on which the objection is based. The Committee shall consider the objection and if it considers the objection to be well-founded it shall request the proposer and seconder to withdraw the nomination. In the event of no objection being received or in the event of the Committee being of the opinion that such objection is not well-founded or/and in the event of the proposer and seconder failing to withdraw such nomination, the election shall be determined by a ballot of the Committee. Two adverse votes shall exclude the applicant.
(b) Immediately upon the election of a new member the Secretary shall advise the member elect in writing of his/her election and amount due, and enclosed with such a notice shall be a copy of the current Club Rules, and an instruction for the new member to become acquainted with the Club By-laws, as compiled by the Secretary, or placed on the Club notice board.
(c) If a newly elected member fails to pay the amounts due to the Club within 30 days after election, the election shall be void unless the member elect justifies the delay to the satisfaction of the Committee.
(d) The payment of the subscription and/or using the Club’s property shall imply a member’s acquiescence with the Rules and By-Laws of the Club.
(e) Any person whose application for membership is rejected or whose election is voided under Rule 14(c) shall not again be nominated for membership for a period of at least 12 months from the date of the rejection or voidance of membership.
Restricted Members shall be nominated and elected under the same conditions as those applying for Full Membership. Restricted Members are not permitted to use the Club greens on Saturdays unless with the approval of the Committee. Restricted Members are entitled to nominate candidates for Club membership, to nominate qualified members for election to the Committee and to vote in the annual election of the Committee but shall not be eligible to hold office or to vote at any General Meeting of the Club.
Social Members shall be nominated and elected under the same conditions as those applying for Full Membership.
Social Members are not permitted to use the Club greens unless with the approval of the Committee.
Social Members are entitled to nominate candidates for Club membership, to nominate qualified members for election to the Committee and to vote in the annual election of the Committee but shall not be eligible to hold office or to vote at any General meeting of the Club.
Special Members shall be nominated and elected under the same conditions as those applying for Full Membership.
Special Members shall be not less than 18 years nor more than 40 years old.
Special members shall not play bowls on the Club greens except for instruction by the Club Coach or one delegated by the Coach until a recommendation is made by the Coach to the Bowls Secretary that the member is eligible to take part in social games.
Special Membership shall be limited to a period not exceeding two years. Application may be made to the Committee to renew Special Membership for a further period of two years but membership in this category shall not extend beyond a period of 4 years if vacancies exist in the categories of Provisional or Full Members.
This category of membership may be broadened to include those wishing to take part in other sporting activities that the Members may decide from time to time, subject to the requirement of the Liquor Control Act 1868 (as amended) or other relevant legislation. Special Members are entitled to nominate candidates for Club Membership, to nominate qualified members for election to the Committee and to vote in the annual election of the Committee, but shall not be eligible to hold office or to vote at any General Meeting of the Club.
(a) Members of other Bowling Clubs visiting the Club for the purpose of competing in organised games shall be ipso facto Honorary Members of the Club for the duration of their visit.
(b) Any member of any bowling club whose green is distant more than 40 kilometres from the Club premises may, upon introduction by a member of the Club or application to the Secretary, be admitted by any two members of the Committee as an Honorary Member for a period not exceeding fourteen consecutive days without payment of any subscription, and the Committee shall have power to extend the period for a further fourteen consecutive days, if so desired, on conditions to be determined by the Committee.
(c) The name and address of each honorary member, other than those referred to in (a) above, together with the name of the introducing member shall be entered in the Honorary Member’s Register to be kept for that purpose by the Secretary. The introducing Member shall be responsible for the bona fides of their visitor.
(d) The Committee shall have power to withdraw any or all privileges from honorary members and honorary members are not, and shall not be entitled to take part in any general meeting nor vote on any subject thereat. They shall not have any right, title or interest in or to any of the property of the Club.
(e) No person shall be allowed to become an honorary or temporary member of the Club or be relieved of the payment of subscription or other financial obligations, except those possessing certain qualifications defined in the Rules and approved by the Liquor Control Commission.
A member desirous of transfer of membership category shall apply in writing to the Secretary. Provided that vacancies exist in the category desired transfer shall be at the discretion and with the approval of the Committee.
(a) Ladies may form themselves into a Ladies’ Section (to be named the Auburn Ladies Bowling Club) for the purposes of organising and regulating the particular affairs of Lady members, and for such purposes to make such rules and elect such officers and committees as they think fit, provided always that the Ladies Section, its rules, officers, committees and activities shall remain in all respects consistent with the Rules of the Club and subject in all things, including the raising and disposition of funds, to the control of the Auburn Bowls Club Committee.
(b) The Auburn Ladies Bowling Club shall seek affiliation with Bowls Victoria and in playing bowls Lady Members shall observe the laws and rules of that Association.
(a) Any member contemplating absence for an extended period may, on application to the Committee, be granted leave of absence for a period not exceeding two years.
(b) The member shall not be relieved of the payment of subscription or other financial obligations to the Club.
A full bowling member of another Club having been granted a clearance and wishing to transfer to the Auburn Bowls Club, may be given preference over other prospective full members in being granted full Membership should a vacancy arise.
(a) Every Member of the Club undertakes to comply with the Rules and By-laws of the Club, and any refusal or neglect to do so shall render such member liable to expulsion.
(b) Any member wishing to resign from the Club shall give seven days notice in writing to the Secretary and shall pay all moneys due at the date of such notice.
(c) Any member resigning from the Club, or ceasing for any reason whatever to be a member thereof, shall not have any right, title or interest in or to any property of the Club. Any debentures held will be repaid within the terms of issue or at such time as the Committee shall decide.
(d) Any member who fails to pay the annual subscription on or before 1st June shall cease to be a member of the Club.
(e) The Committee shall have power to censure, fine (but not more than twenty dollars), suspend, accept the resignation of or expel any member for any conduct which, in its opinion, is unbecoming of a member or may decline to accept any further subscriptions from such person. The Secretary shall notify such person of this decision and he/she shall thereupon cease to be a member of the Club. Provided always that such member shall be entitled to seven days notice of the charge against him/her, and to be present at the hearing thereof by the Committee. Should the Member fail to attend, the matter may be dealt with in his/her absence, and provided further that no member shall be expelled from the Club unless the resolution for his/her expulsion is passed by a majority of two-thirds of those members of the Committee present and voting.
(f) Any member expelled by the Committee shall be entitled to appeal against the decision to a Special General Meeting of the Club called for the purpose and convened by the Committee at his/her request.
(g) Any person expelled in accordance with the Rules or otherwise ceasing to be a member of the Club shall forfeit all rights to a claim upon the Club or its property or funds as he/she would have by reason of membership.
(h) Except as provided in Clause (f) above, no appeal whatsoever shall lie from a decision of the Committee pursuant to Rule 23 herein contained nor shall any member who has been reprimanded, fined, suspended or expelled have any right of action at law or in equity or other remedy whatsoever against the Club or the Committee or any member thereof by reason of such reprimand, fine, suspension or expulsion or by reason of any act done or notice given prior to or consequent on or incidental to the same.
(a) The management of the Club shall be in the hands of the Committee of the Club through the Annual General Meeting and/or Special General Meetings as herein provided.
(b) All resolutions passed at the Annual General Meeting of members or at any Special General Meeting of the Club, shall be conclusive and binding on all members of the Club, whether voting on such resolutions or not, and all persons becoming members of the Club after the passing of such resolution shall be deemed to have assented to the same as if they had voted in favour of such resolution.
(a) The Annual General Meeting of members shall be held at a date and place to be fixed by the Committee, but not later than the 31st day of July in each year.
(b) Fourteen days notice in writing shall be given to all members of the time and place appointed by the Committee for such meeting. Enclosed with the notice will be a copy of the agenda for the meeting together with a copy of the Annual Report, Balance Sheet and Statement of Accounts. A copy of the notice shall be posted on the notice board inside the pavilion fourteen days before the date of such meeting.
(c) The business to be transacted at the Annual Meeting shall be in the following order:
i Reading of notice convening the meeting.
ii Reading and confirmation of minutes of previous annual and/or special general meetings.
iii. Reading of Annual Report.
vii. Nomination and election of Patron, if required.
viii. Nomination and election of Auditor.
xii. Determine the President’s allowance.
xiii. Determine the Secretary’s honorarium.
xiv. Determine the Treasurer’s honorarium.
xvi. Any other general business which the Chairman may admit.
(d) No person shall speak twice on the same subject or motion without permission from the Chairman, except in explanation, or as the mover of a motion in reply.
(a) Annual subscriptions, joining fees, levies and other dues to the Club and/or Association which are payable by members shall be determined by the Committee. The annual subscription shall not be less than ten dollars or as defined by the Liquor Control Act 1968. Except as approved by the Licensing Commission. The amounts currently payable are those contained in the By-laws of the Club.
(b) Subscriptions shall be due and payable on 1st May and shall be paid within thirty days.
(c) Members joining after 1st day of January in any current financial year will be required to pay only half of the prescribed annual subscription together with the normal joining fee (if any) and such other dues as may be payable to the Club and/or Association under the existing Rules and By-laws.
(a) Save that the negotiation of a loan, the issuing of debentures, the giving of security over any property of the Club, the purchasing of realty, the leasing of any land or buildings the property of the Club for any term exceeding three years, and all other measures in any way extending the liabilities of the Club beyond the assets and estimated revenue of the Club shall require the previous sanction of an Annual or Special General Meeting of the Club.
(b) The property of the Club shall be subject to the control and disposition of the Committee, who are empowered to negotiate loans, issue debentures and sell or purchase any realty, and lease any land or buildings of the Club for any term, subject to Clause (a) above.
(a) The members shall vest the control and business of the Club in a Committee of Management known as the Committee and elected by them at the Annual General Meeting. All members of the Committee shall be Full Members of the Club.
(b) The Committee shall consist of:
Immediate Past President (see clause (c) below)
Vice-Presidents -not more than two.
Not more than Six Committee Members
Chair of Selectors
(c) The Immediate Past President may ex-officio sit in Committee for a period not exceeding 12 months following the election of the new President.
(d) The Club may from time to time by ordinary resolution passed at a General Meeting increase or reduce the number of Officers or other Committee Members.
(a) The election shall be by secret ballot and shall be conducted as indicated hereunder.
(b) At least fourteen days prior to the Annual General Meeting the Secretary shall post to every eligible Member a printed ballot paper duly initialled by the Returning Officer and containing the name of Candidates for Office in the following order:
Vice Presidents -not more than two.
Committee – six.
Retiring Members shall be indicated by an “x”
(c) Only members who are eligible on the first day of June in the current year shall receive ballot papers.
(d) In cases where the nominees for any particular office exceed the number of vacancies for that office, votes shall be recorded by striking out on the ballot paper the names of the candidates for whom it is not wished to vote. Every member voting shall vote for as many candidates as there are vacancies to be filled – no more and no less – otherwise the ballot paper will be declared informal for the particular office or offices concerned.
(e) Completed ballot papers shall be placed in the accompanying envelope marked “Ballot Paper” sealed and deposited in the Ballot Box provided in the Club Rooms for the purpose fourteen days prior to the Annual Meeting. Ballot Papers may be posted to reach the Secretary prior to the close of the Ballot. Upon receipt the Secretary shall immediately deposit such papers in the Ballot Box.
(f) The poll closes at 6.30 p.m. on the day prior to that on which the Annual General Meeting is to be held.
(g) Three Scrutineers, one of whom shall be designated the Returning Officer, who are not candidates for office shall be appointed by the Committee, and they shall take charge of the ballot immediately it has closed. They shall count the votes properly recorded, and, keeping the results secret, shall hand the same at the Annual Meeting to the Chairman, who shall declare the poll at such meeting.
(h) If two or more candidates obtain an equal number of votes the Chairman of the meeting at which the election takes place shall determine the successful candidate or candidates by drawing lots. The candidate or candidates (as the case may be) whose name or names (as the case may be) first drawn by lot shall be declared elected.
(i) In the event of insufficient number of candidates being nominated, the vacancies remaining may be filled by election and subsequent ballot of candidates then and there proposed at the Annual General Meeting.
(a) At the Annual General Meeting in each year all office bearers shall retire from office, but shall be eligible for re-election
(b) Each candidate for office shall be nominated in writing by two members. The Club “Office Bearer Nomination Form”, which shall be available on the Notice Board as from the first day of June each year, shall be signed by the nominee, proposer and seconder and lodged with the Secretary not later than the twenty first day of June prior to the Annual General Meeting. The names of all candidates, together with the names of the proposer and seconder, shall be posted on the Notice Board at least fourteen days prior to the Annual General Meeting. Provided that Full Members comprise forty per-cent of the total Club membership, all candidates shall be Full Members and may nominate for not more than two positions.
(c) All candidates, proposers and seconders must be financial members of the Club for the ensuing year and each must have been a member of the Club for at least twelve months.
(d) Members who are affiliated with Bowls Victoria by reason of their membership of another club shall not be eligible to stand for office.
(e) Candidates nominated for the Executive Offices of President, Vice Presidents, Secretary or Treasurer may nominate for other offices but if elected to the senior office shall be excluded from election to any other office -such office to be filled by the candidate polling the most of the unelected candidates, or as per Rule 29 (i) if there are no unelected candidates.
The only members who are eligible to vote at General and/or Special General Meetings are:
Voting by proxy at General Meetings of the Club is not permitted.
(a) All matters for decision at an Annual or Special General Meeting shall be duly proposed and seconded, and shall be determined by a show of hands unless a ballot is requested by ten members present and eligible to vote. The ballot may then be taken at the meeting. When a ballot is taken at the meeting, two scrutineers appointed by the Chairman shall conduct the ballot.
(b) Unless a poll is so demanded a declaration by the Chairman that a resolution has on a show of hands been carried or carried unanimously, or by a particular majority, or lost, and an entry to that effect in the book containing the minutes of the proceedings of the Club shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution. The demand for a poll may be withdrawn.
(c) If a poll is duly demanded it shall be taken in such manner and either at once or after an interval or adjournment or otherwise as the Chairman directs, and the result of the poll shall be the resolution of the meeting at which the poll was demanded on the election of a Chairman or on a question of adjournment shall be taken forthwith.
(d) In the case of an equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote.
Chairmen of Committees of three or five members shall not have a second or casting vote.
(a) Ordinary Resolutions shall be determined by a simple majority.
(b) Special Resolutions shall be determined by a three quarters majority of the members present at the meeting who are eligible to vote and voting.
(c) All members of the Club, whether voting on such resolutions or not, and all persons becoming members of the Club after the passing of such resolutions shall be deemed to have assented to the same as if they had voted in favour of such resolution.
(a) Formal motions and accepted rules of debate will be waived except as stated in this rule.
(b) Matters for decision by the Committee or sub-committees shall be decided by resolution and simple majority. Decisions shall be minuted – “as resolved or passed”. Dissenting members may ask that their dissent by recorded in the minutes. The Chairman shall have a deliberative and a casting vote and is expected to maintain the status quo. Should the voting for and against a motion be equal and the Chairman decline to vote, the subject matter is tabled and may be reintroduced at a subsequent meeting not earlier than sixty days from the date of tabling. The Chairman shall ask the subsequent meeting to vote by a show of hands to the motion -“that the document be now taken from the table and discussed”. If this motion is lost or discussion takes place and the Committee is still not in favour, the matter is dropped and will not again be introduced in that form.
(c) Formal motions or ballots shall take place as required in these Rules or on a motion to this effect being upheld.
(d) At the next meeting a formal motion that the minutes be adopted and confirmed as a true record shall be put.
It shall be the duty of the Committee to:
(a) Hold regular monthly meetings at which the Treasurer’s financial statement shall be received, and general business executed. Notices of such meetings shall be posted on the Notice Board for at least seven days prior to the Meeting. However if the subject matter of the meeting is considered to be of sufficient urgency and on the approval of a quorum the meeting may be held at the earliest convenient occasion. Minutes of all resolutions and proceedings of the Committee shall be entered in a book provided for that purpose.
(b) Comply with the requirements of:
iii. Federal, State, and Municipal laws as applying to licensed clubs.
(a) To be members of, and assist the Committee in the conduct of the affairs of the Club.
(b) In the absence of the President and Vice-Presidents, to nominate the senior Committee Member to preside at any meeting.
It shall be the duty of the President to:
iii. preside at all Committee Meetings;
A Vice-President (normally the senior) shall, in the absence of the President, preside at the functions referred to in the previous rule.
(a) The Secretary shall be the Executive Officer of the Club and the Licensee for the purposes of the Liquor Control Act 1968 (or one so nominated) subject to the approval of the Liquor Control Commission. The Secretary shall be the Public Officer of the Club for the purposes of the Associations Incorporations Act 1981.
(b) It shall be the duty of the Secretary to:
iii. conduct all correspondence in connection with the general business of the Club;
vii. enter By-laws in a book to be kept for the purpose, and be available for inspection by the members. Copies of new By-laws will be displayed on the Notice Board for 14 days;
viii. maintain direct control of employees of the Club inside the pavilion;
xii. forward reports to the proper authorities of the results of all Bowls Victoria or Association matches or fixtures which have been held on the Club’s ground, or have been played in by any of the Club’s members;
xiii. carry out those unspecified duties usually associated with the office of Secretary;
xiv. a member of the Committee may be appointed to act as Assistant Secretary.
(a) The Treasurer shall receive and pay all moneys due to and by the Club, and keep correct accounts and books showing the financial affairs of the Club, and the particulars usually shown in books of account of like nature. For the purposes of such books of account the financial year of the Club will commence on the first day of May and end on the thirtieth day of April each year.
(b) At each monthly meeting of the Committee the Treasurer shall present a statement of the previous month’s receipts and payments for approval by the Committee.
(c) A member of the Committee may be appointed by the Committee to act in the capacity of Assistant Treasurer.
(d) The books and records specified in Rule 39 (a) above shall be available for inspection by members of the Club.
(a) The banking account of the Club shall be kept with such Bank as shall from time to time be determined by the Committee and all moneys banked therein.
(b) All cheques drawn on the account of the Club shall be signed by two of the following officers, viz., President, Treasurer, Secretary, Assistant Treasurer or Assistant Secretary, provided that should any of these officers by absent through illness or other cause and a substitute or acting appointment be made by the Committee, then such person acting in the place of any one of the Officers mentioned shall be empowered to sign cheques on the Club’s bank account in like manner.
(c) Except for the normal operating accounts, all accounts against the Club for any amount exceeding fifty dollars shall be approved by the Committee before payment is made.
(a) The president, Secretary and Treasurer are ex-officio members of all sub-committees with the exception of the match or selection committee.
(b) In the event of vacancies occurring in any of the official positions provided for in Rule 28 it shall devolve upon the President, Secretary and Treasurer to carry out the duties of such offices until such vacancies have been filled or the duties reallocated.
Seniority of Vice-Presidents and Committee members will be determined in the order shown by:
iii. length of current membership in the Club.
The office of a member of the Committee shall ipso facto be vacated if he/she:
iii. becomes bankrupt;
(a) i. Apply to the Liquor Control Commission for permission to hold functions as provided in the Liquor Control Act 1968 (as amended) reserving at all times such amenities as may be required by the Members, ensuring that no more than one hundred and ninety persons will be permitted in the Club-house on any one occasion being such number as the premises can adequately accommodate;
iii. Submit the name of the Nominee for Licensee to the Liquor Control Commission;
(b) Authorise the Secretary to apply for a renewal of the License and permits in the manner prescribed under the Liquor Control Act for the Registration of Clubs.
(c) Enter teams in Bowls Victoria competitions.
(d) Determine the number of pennant teams to be entered in pennant competitions.
(e) On the authority of the Annual General Meeting or a Special General Meeting, borrow on the security of the property of the Club such sums of money as are necessary for the purposes of the Club, and to impose levies.
(f) Elect new members.
(g) Elect honorary members in accordance with Rule l8.
(h) Deal with requisitions of members, which must be in writing.
(i) Interpret the Rules and By-laws of the Club, interpretation by the Committee being final, subject to any aggrieved member having the right of appeal to a Special General Meeting of the Club against the decision of the said Committee.
(j) Carry out all resolutions passed at an Annual or Special General Meeting of the Club, such resolutions being conclusive and binding on all members of the Club.
(k) Arrange for the Annual General Meeting referred to in Rule 25.
(1) Adjudicate in cases of dispute arising in relation to any Club matter reserving the aggrieved member the right to appeal to the Annual or to a Special General Meeting of the Club.
(m) Enforce discipline by censure, suspension, fines or expulsion of a member for any wilful infringement of the Rules and By-laws of the Club in accordance with Rule 23.
(n) Admit a new member at a predetermined subscription in the event of such a new member joining the Club late in the season, in accordance with Rule 26(c).
(o) Accept the resignation of a member where approved.
(p) Fill casual vacancies on the Committee only in accordance with Rule 30.
(q) Delegate any of their powers to Sub-committees within the Committee or Sub-committees consisting of members of the Club as they shall think fit to appoint, and may recall or revoke any such delegation or appointment; all sub-committees shall, in the exercise or their power so delegated, conform to all the Rules and By-laws of the Club, and shall be subject and subordinate to the Committee, provided always that the Committee shall have no power to delegate their control of the supply of liquor or distribution thereof to the members of the Club.
(r) Appoint the Chairman of sub-committees. The Chairman of meetings of a sub-committee shall be appointed by the Committee of the Club. If at any meeting the Chairman so appointed is not present within ten minutes after the time appointed for holding the meeting the members of the sub-committee then present may choose one of their numbers to be the Chairman of the meeting.
(s) Determine the number of Selectors.
Members who are affiliated with Bowls Victoria by reason of their membership of the Club constitute an electorate for nomination and election of such number of selectors as is determined by the Committee.
The Committee shall prior to the Annual General Meeting in each year determine the number of selectors to be elected to carry out their duties during the ensuing year. When giving notice of such Annual General Meeting the notice shall contain a statement as to the number of selectors so determined by the Committee. Nominations for the position or selector or selectors (as the case may be) shall be made in the same manner and within the same time as is herein before provided under Rules 29 and 30 relating to the election of officers and other members of the Committee and the election of the selector or selectors shall proceed in the same manner as that provided for under Rules 29 and 30 and shall be subject to the same conditions and restrictions relating to qualifications of the nominators and of the candidates as are contained in Rules 29 and 30. Should any casual vacancy occur in respect to a single selector or amongst the selectors (as the case may be) such vacancy may be filled by the Committee and any person appointed to fill such vacancy shall hold office only until the next Annual General Meeting.
(t) Make appointments, employ or remove such staff as considered necessary.
(u) Make By-laws, not inconsistent with these Rules, for the efficient working of the Club, and to alter amend or rescind same as occasion may require. All By-laws shall be entered by the Secretary in a book to be kept for the purpose, and be available for inspection by the members. Copies of new By-laws will be displayed on the Notice Board for 14 days.
(v) Recommend to the members, amendments and or changes to the Rules.
(w) Deal with other matters which may arise which are not specifically provided for in the Rules of the Club.
If any member of the Committee in his/her office as such has paid or is liable to pay money for any act, default or commission of any other person, such money shall be refunded to him/her by the Club or paid by the Club.
Every member of the Committee, Auditor, Secretary and other officer for the time being of the Club shall be indemnified out of the assets of the Club against any liability incurred by him in defending proceedings, whether civil or criminal in which judgment is given in his favour or in which he is acquitted or in connection with any application under the Act in which relief is granted to him by the Court in respect of any negligence default breach of duty or breach of trust.
No office bearer of the Club shall be held to have resigned his/her office until his/her resignation in writing shall have been accepted by the Committee.
(a) A Notice Board shall be kept in a prominent position in the Club House on which shall be exhibited notices of meetings, nominations of new members, officers and committee members, copies of rules and by-laws passed by the Committee and such other notices or items of information regarding Association Club competitions or matters of interest to members, as the Committee may direct.
(b) Every member of the Club shall be deemed to have received and not entitled to receive any further notice of the subject matter of such exhibition except as to notices of meetings of the Club or as otherwise provided for by these Rules.
(c) Such notices shall be placed by the Secretary or as otherwise directed by the Committee.
(d) A News Board shall also be provided to display items of general interest for and by members. The Secretary’s permission must be obtained to display such items thereon or elsewhere in the clubhouse.
(e) The Secretary shall have discretion to remove all or any item at any time.
(a) Members shall be allowed to introduce visitors to the Club, subject to the conditions and regulations prescribed in the Liquor Control Act 1968 and such By-laws as the Committee shall from time to time make, provided that no person shall be introduced as a visitor who has been expelled from membership of a bowling or other club, or whose conduct or presence on the Club’s premises shall be considered objectionable or prejudicial to the interests of the Club.
(b) The Committee shall have power without giving any reason therefore to refuse the admission to the Club of any person who is not a member of the Club.
(c) Visitors to the Club will be bound by these Rules in the same manner as members, and must sign the Visitors Book placed near the main entrance to the Club pavilion.
(d) No member shall introduce more than six visitors at anyone time nor shall the same person be introduced more than ten times in any one year except the wife, fiancée or any one lady friend of a male member or the husband, fiancée or any one male friend of a lady member.
(e) A visitor shall not be supplied with liquor in the Club premises unless in the company of a member, except where a permit has been granted pursuant to Section 8 of Section 38 of the Liquor Control Act 1968 as amended.
(f) The manager or captain of visiting teams shall present a list of the players attending for that day, for open events a list will be compiled by the Bowls Secretary. Such list is to be attached to the Visitors Book and signed by two members of the Committee or by two members appointed by the Committee or Licensee.
(a) The quorum necessary for the transaction of the business of the Committee shall be seven or such greater number as may be fixed by the Committee provided always that the number forming a quorum must include two of the officers mentioned in Rule 30(e) herein.
(b) The continuing members of the Committee may act notwithstanding any vacancy in the Committee, but if and so long as their number is reduced below the number fixed by or pursuant to these Rules as the necessary quorum of the Committee, the continuing member or members may act for the purpose of increasing the number of members of the Committee to that number or of summoning a General Meeting of the Club, but for no other purpose.
(c) At any Annual or Special General Meeting of the Club, twenty Full Members shall form a quorum.
(d) Should a quorum not be present within thirty minutes of the specified time, then such meeting if convened upon the requisition of members, shall be dissolved; in any other case it shall stand adjourned to such a day as the Committee shall determine, at the same time and place, and within seven days. The members present at such adjourned meeting shall form a quorum. No notice of any adjourned meeting need be given to members, but notice thereof shall be placed on the Club’s Notice Board.
(e) At sub-committees of three, two shall form a quorum, exceeding three the quorum shall be fifty per cent.
(a) No new rule shall be made nor any existing rule altered or repealed, nor the Statement of Purposes altered, except by special resolution at an Annual General Meeting or at a Special General Meeting called for that purpose. Members shall be given at least twenty one days notice of the meeting at which the special resolution is to be considered and the motion must be carried by a majority of three quarters of the members present at the meeting, eligible to vote, and voting.
(b) While and so long as the Club is licensed under the Liquor Control Act 1968 no alteration or variation of such rules shall have effect unless and until such alteration or variation has been approved by the Licensing Commission.
(c) A copy of the proposed new rule, alteration or repeal, as aforesaid, shall be delivered to the Secretary, and shall be inserted in the Notice convening the meeting at which such proposed new rule, alteration or repeal is to be brought and notice thereof shall be posted on the Notice Board of the Club twenty one clear days before such meeting
(a) A Special General Meeting shall be convened by the President or the Secretary upon receiving a requisition in writing to that effect from five members of the Committee, or from not less than fifteen Full Members of the Club. A Special General Meeting shall be held whenever required by the Committee.
Notice in writing of not less than 21 days and not more than twenty-eight clear days shall be given to all members on the time and place appointed by the Committee for such meeting. Such notice shall clearly set out the nature of the meeting and the proposals to be submitted to the members and no matters shall be discussed except those stated in the notice. A copy of the notice shall be posted on the Notice Board twenty-one days before the date of such meeting.
(b) Requisitions for consideration by a Special General Meeting shall only be passed upon the motion being carried by a majority of two-thirds of the members present at the meeting eligible to vote and voting.
(a) An auditor shall be duly nominated and appointed at the Annual General Meeting. The auditor shall audit the accounts and Balance Sheet as soon as possible after the thirtieth day of April in each year when the same are presented by the Treasurer.
(b) The auditor shall have power at any time to examine all the books and documents of the Club. The auditor shall be a Licensed Companies Auditor, but shall not be a member of the Club. Reports of the auditor shall be submitted to the Annual General Meeting.
There may be an Honorary Solicitor to the Club, who may be appointed by the Annual General Meeting upon such terms and for such period as the Committee may direct.
(a) A member of the Club may be appointed by the Committee as Press Correspondent.
(b) The duties shall include giving due publicity to any Club matters of interest and as approved by the Committee through the President or Secretary.
The Club house and associated amenities shall be open to members for such times, and on such conditions, as may be decided by the Committee from time to time and in accordance with the requirements of the Liquor Control Act 1968.
(a) No illegal gambling, betting, objectionable language, or conduct shall be permitted on Club premises.
(b) No ticket for concert or other entertainment shall be sold, no article shall be exposed for sale, and no subscription list or raffle shall be canvassed or permitted in the Club without the sanction of the Committee.
(c) Any infringement of this rule should be brought to the attention of the Committee.
(a) No liquor shall be sold or supplied to any person under the age of eighteen years, except such person accompanying a parent or spouse provided that such liquor is only supplied as part of a bona fide meal.
(b) No liquor shall be sold or supplied for consumption elsewhere than on the Club premises unless such liquor is removed from the premises of the Club by the member purchasing the same.
(c) No person under eighteen years of age, except persons who are being trained as waiters and are not allowed to serve behind the bar shall be employed in the Club pavilion.
These Rules and the statement of purposes (objects) of the Club shall not be altered except in accordance with the Associations Incorporation Act.