AUBURN BOWLS CLUB
Business Association Number A0017583A
AUBURN BOWLS CLUB INCORPORATED
The name of the incorporated association is the Auburn Bowls Club Incorporated Business Association Number A0017583A (in these Rules called the Club). The Club premises are situated at 2b Munro Street, Hawthorn East (formerly known as Auburn).
- In these Rules, unless the contrary intention appears:
“Act” means the Associations Incorporation Reform Act 2012 and includes any Regulations under the Act.
“Annual Subscriptions” means the annual fees payable by each category of Member as determined by the Committee under Rule 2.2.
“Bowls” means the sport and game of bowls as determined by World Bowls with such variations as may be recognised by Bowls Australia or Bowls Victoria from time to time.
“Bowls Australia” meansBowls Australia Incorporated, the governing body for Bowls in Australia, or its successors.
“Bowls Victoria” means Bowls Victoria Incorporated, the governing body for Bowls in Victoria, or its successors.
“Bowling Member” means a Full Member of the Club that is available to be selected for bowls pennant competitions and is affiliated with Bowls Victoria by virtue of paying the affiliation fee via the Club.
“Committee” means the Committee of management of the Club.
“Committee Meeting”means a meeting of the Committee held in accordance with these Rules.
“Committee Member”means a member of the Committee elected or appointed in accordance with these Rules.
“Financial Year” means the financial year of the Club being each period of 12 months ending on 30 April.
“Executive Officer of the Club” means the President, Senior Vice President, Secretary and/or Treasurer.
“Family Member” means anyMember of the Club under Rule 2.5
“Full Member” means any Member of the Club.
“General Meeting” means a general meeting of the Members convened in accordance with Part 4 of these Rules and includes an annual general meeting or a special general meeting.
“Life Member” means an individual elected as such under Rule 2.4.
“Member” means a member of the Club.
“Non-Bowling Member” means Members that are not Bowling Members, Family Members or Life Members.
“Ordinary Member of the Committee” means a member of the Committee who is not an Executive Officer of the Club.
- In these Rules, a reference to the Secretary of the Club is a reference to:
- where a person holds office under these Rules as secretary of the Club – to that person; and
- in any other case, to the public officer of the Club.
- Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1984 and the Act as in force from time to time.
The Purposes of the Club are:
- to conduct a sporting and social clubof a non-political, non-sectarian, and non-racial characterfor the purpose of playing Bowls and/or other recreational activities;
- to maintain membership with and otherwise liaise with Bowls Victoria (including, but not limited to, its Regions and Divisions);
- to promote at all times a spirit of friendly competitiveness;
- to encourage social occasions and the enjoyment of leisure;
- 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;
- to build, maintain or otherwise provide facilities for the use and recreation of the Members;
- to act, at all times, on behalf of and in the interest of the Members and Bowls;
- to advance the operations and activities of the Club throughout the local area; and
- to encourage social occasions and the enjoyment of leisure.
Solely for furthering the Purposes set out above, the Club has all the rights, powers and privileges conferred on it under the Act, in particular Part 4 which are stated as:
- The Club has power to do all things incidental or conducive to achieve the purposes of the Club.
- The Club has the power to—
- invest and deal with money of the Club not immediately required in any manner as it thinks fit; and
- raise and borrow money on any terms and in any manner as it thinks fit; and
- secure the repayment of money raised or borrowed by the Club or the payment of a debt or liability of the Club by giving mortgages, charges or securities on or over all or any of the property of the Club (subject to the restriction below); and
- do anything that is incidental or conducive to the attainment of the purposes and the exercise of the powers of the Club.
- The Club may only exercise its powers and use its income and assets (including any surplus) for its Purposes.
In furtherance of the Purposes of the Club, the Club has the additional power 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 and conveniences as the Club may from time to time determine.
- 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 Purposes and Objects of the Club.
- raise money from joining fees and subscriptions and to grant rights and privileges to Members and to make, rescind, annul, alter or vary rules and regulations as to eligibility for and duration of membership (including life membership); determination and suspension of membership of the Club; joining fees and subscriptions payable in respect of such membership 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.
- 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.
- 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.
- enter into any arrangements with any Government or authority, supreme, municipal local or otherwise, that may seem conducive to the Club’s Purposes and 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.
- appoint, employ, remove, or suspend such managers, clerks, secretaries, workmen and other persons as may be necessary or convenient for the purposes of the Club.
- construct, improve, maintain, develop, work, manage, carry out, alter or control any property, 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.
- 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.
- 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 Control Reform Act 1998 (as amended) shall be leased.
- secure the repayment of raised or borrowed or the payment of a debt or liability. 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.
- 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 Rule 7.10.
- 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.
- 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 incur 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.
- 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.
- apply for, hold and renew Club Licence and Permits in the manner prescribed under The Liquor Control Reform Act 1998 for the Registration of Clubs and comply with the relevant legislation.
- appoint agents to transact business or its behalf
- open and operate bank accounts with financial institutions.
- enter into any other contracts it considers necessary or desirable; and
- elect a Committee of management empowered to pursue the Purposes of the Club.
- 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.
- The property, assets and club equipment 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 property, club assets or equipment and lease any land or buildings of the Club for any term, subject to Clause (a) above.
The income and property of the Club, whensoever derived shall be applied solely towards the promotion of the Purposes of the Club as set forth in these Rules.
The Club must not:
- distribute any surplus, income or assets directly or indirectly to its Members; or
- pay any amount to anyone by way of commission or allowance based on the sale of liquor.
This Rule does not prevent the Club from paying a Member:
- the reimbursement for expenses properly incurred by the Member; or for goods or services provided by the Member—if this is done in good faith on terms no more favourable than if the Member was not a Member; or
- a remuneration or honorarium approved by the Members for work done by the Secretary, Treasurer or other officer of the Club, or salary or wages paid to employees.
The liability of the Members is limited in accordance with The Act 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.
Membership of the Club will consist of persons who have been accepted as members of the club in accordance with the Rules.
All Members shall be entitled to all the rights and privileges of the Club subject to these Rules noting restrictions in the first 12 months of membership under section : Rule 3.7 a) “Right to vote” and Rules 2.3 a)-iv & v “Application process for New Members” and Rule 3.5 c) & d)“Nomination of Office Bearers”.
Any natural person who supports the purposes of the Club is eligible for membership.
The Club shall comprise the following categories of membership:
- Bowling Members
Bowling Members are Members of the Club that are typically available to represent the Club in pennant or other competitions. For the avoidance of doubt, such members must meet and maintain any criteria set by Bowls Victoria from time to time for “Affiliated Members” (or equivalent) under its constitution and pay a Bowls Victoria Affiliation fee via the Club’s annual subscription.
- Life Members (Rule 2.4)
- Family Members (Rule 2.5)
- Non-Bowling Members, which are all other Members
Full Members are all Members that are 18 years and over.
- To apply to become a member of the Club, a person must submit a written application on the Club’s Membership Nomination Form to a Committee Member stating that the person—
- wishes to become a Member of the Club; and
- supports the Purposes of the Club; and
- agrees to comply with these Rules;
- The application—
- must be signed by the applicant;
- may be accompanied by the joining fee, if applicable;
- must be proposed by a financial Member that has been a Member of the Club for 12 months or more;
- must be Seconded by a financial Member that has been a Member of the Club for 12 months or more
- Consideration of application
- As soon as practicable after an application for membership is received, the Secretary will place a notice of new Members on the notice board, along with the proposer and seconder.
- 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.
- At the following Committee Meeting, the Committee must decide by resolution whether to accept or reject the objection.
- The election shall be determined by a vote of the Committee. Two adverse votes shall exclude the applicant.
- Immediately upon the election of a new Member, the Secretary shall advise the Member elect in writing of his/her election and amount due. Enclosed with this notice shall be a copy of the current Club Rules, and an instruction for the new Member to become acquainted with the Club Rules, By-laws and Policies, as compiled by the Secretary, or placed on the Club notice board.
- The payment of the subscription and/or using the Club’s property shall imply a Member’s acceptance of the Rules, By-Laws and Policies of the Club.
- If a newly elected Member fails to pay the remainder 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.
- Any person whose application for membership is rejected or whose election is voided under Rule 2.3 (f) 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.
- If an application for membership is approved by the Committee—
- the resolution to accept the membership must be recorded in the minutes of the Committee meeting; and
- the Secretary must, as soon as practicable, enter the name and address of the new Member, and the date of becoming a Member, in the register of members.
- The person becomes a Member of the Club and, subject to Rule 2.3 (f) is entitled to exercise his or her rights of membership from the date, whichever is the later, on which—
(i) the Committee approves the person’s membership; or
(ii) the person pays the joining fee.
- 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.
- 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 Life Member that wishes to Bowl for the Club is liable for the Club’s Bowls Affiliation Fee.
- A person must accept or reject the Club’s resolution to confer Life Membership in writing.
Family Membership is available for up to two parents or guardians and their children (aged from 5 years old and until attaining the age of 18 years old). Adult Family Members shall be nominated and elected under the same conditions as those applying for Full Membership. Family Members that are adults are Full Members and have all rights and privileges in accordance with Full membership.
Family Members under the age of 18 do not have voting rights. Family members under 18 of age, may use the greens whilst in the company of a Family Member that they have a membership with that is at least 18 years of age or under alternate adequate adult supervision.
2.6 Reciprocal Rights
Individual Members of a Bowls Australia affiliated Club (which may be via affiliated state bowls body) or a World Bowls affiliated National Authority will be granted reciprocal rights when visiting the Auburn Bowls Club Inc and will be provided full use of the facilities for the purpose of playing Bowls competitions including Pennant and Tournaments. Also, via prior arrangement with the Club Secretary or in the company of Member such members of other bowls clubs may practice bowls or participate in social bowls.
- Before the end of each Financial Year, the Committee must determine—
- the amount of the annual subscriptions for each Membership category for the following financial year and joining fee (if applicable);
- the Bowls Affiliation fee for Bowling Members;
- the due date for payment of the annual subscriptions.
- The Committee may determine that any new Member who joins after 1st January in any current financial year may for that financial year, pay a fee equal to 50% of the annual subscription together with any joining fee.
- The rights of a Member who has not paid the annual subscription by the due date are suspended until the subscription is paid as per Rule 3.7.
All Full Members of the Club including Life Members and adult Members of Family memberships are entitled to Vote , refer Rule 3.7 for exceptions.
A Member of the Club who is entitled to Vote has the right:
- to receive notice of General Meetings and of proposed special resolutions in the manner and time prescribed by these Rules; and
- to submit items of business for consideration at a General Meeting; and
- to attend and be heard at General Meetings; and
- to vote at a General Meeting; and
- to have access to the minutes of General Meetings and other documents of the Club as provided under Rule 7.9; and
- to inspect the register of Members.
- To comply with the Rules, By-laws and policies of the Club.
- To attend Special and General Meetings of the Club so that their directives to the Committee be truly representative of the wishes of the majority.
- To support Committee and sub-committee efforts directed to the wellbeing of the Club.
- To readily assist Committee Members when called upon.
- To conduct themselves in a manner conducive to harmony within the Club.
- To support social functions and special efforts directed to improving the amenities for the enjoyment of all.
- To respect and comply with the Rules.
- To feel responsible for and to protect Club property.
- To draw attention to infringement in the Rules.
- Every Member is requested to 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.
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.
- 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.
- 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 Club, may be given preference over other prospective full members in being granted full membership should a vacancy arise.
The rights of a Member are not transferable and end when membership ceases.
2.14 Resignations, Suspension and/or Discontinuance of Membership
- 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.
- 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.
- Any Member who fails to pay the annual subscription on or before 1st June (unless the due date is extended by the Committee ), shall cease to be a Member of the Club.
OR where no annual subscription is payable, where—
- the Secretary has made a written request to the Member to confirm that he or she wishes to remain a Member; and
- the Member has not, within 3 months after receiving that request, confirmed in writing that he or she wishes to remain a Member.
- Every Member of the Club undertakes to comply with the Rules, By-laws and policies of the Club, and any refusal or neglect to do so shall render such Member liable to expulsion.
- The Committee shall have power to censure, 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.
- 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.
- 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.
- Except as provided in Clause (f) above, no appeal whatsoever shall lie from a decision of the Committee pursuant to Rule 2.14 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.
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.
For Members’ responsibilities to advise changes in details refer Rule 2.9 j 6.6 i
The management of the Club shall be in the hands of the Committee through the Annual General Meeting and/or Special General Meetings as herein provided.
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.
- The Committee must convene an annual General Meeting of Members of the Club, within 5 months of the end of the Financial Year or in accordance with the Act.
- The Committee may determine the date, time and place of the annual General Meeting.
- Fourteen days’ notice shall be given to all Members of the time and place appointed by the Committee for such meeting. Attached 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 club pavilion fourteen days before the date of such meeting.
- The business to be transacted at the Annual General Meeting is as follows:
- Reading of notice convening the meeting.
- confirmation of minutes of previous annual and/or special general meetings held since the previous annual general meeting
- to receive, consider and adopt—
(A) the annual report of the Committee on the activities of the Club during the preceding financial year; and
(B) the financial statements of the Club for the preceding financial year submitted by the Committee in accordance with Part 7 of the Act (minimum obligations regarding Financial Reporting).
- The nomination and election of Patron, if required.
- The nomination and election of Auditor, If required.
- Nomination and election of Solicitor, if required.
- The election of Office Bearers.
- The election of Selectors.
- To determine the President’s honorarium.
- To determine the Secretary’s honorarium.
- To determine the Treasurer’s honorarium.
- To Conduct any other special business affecting the interest and welfare of the Club, of which due notice has been given. Special business for consideration by the Annual Meeting must be forwarded to the Secretary at least 28 days prior to the meeting and the subject must be posted by the Secretary on the notice board.
- Any other general business which the Chairman may admit.
- 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.
- Any general meeting of the Club, other than an annual general meeting is a special general meeting.
- The Committee may convene a special general meeting whenever it thinks fit.
- No business other than that set out in the notice under Rule 4.3 may be conducted at the meeting.
- A special general meeting may be convened by the President or Secretary upon receiving a requisition in writing to that effect from 5 Members of the Committee or from not less than 15 Members of the Club.
- The Secretary must give to each Member of the Club—
- at least 21 days’ notice of a general meeting if a special resolution is to be proposed at the meeting; or
- at least 14 days’ notice of a general meeting in any other case.
- The notice must—
- specify the date, time and place of the meeting; and
- indicate the general nature of each item of business to be considered at the meeting; and
- if a special resolution is to be proposed—
state in full the proposed resolution; and
state the intention to propose the resolution as a special resolution.
At any Annual or Special General Meeting of the Club, twenty Full Members shall form a quorum.
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 issued to Members of the Club.
- At the Annual General Meeting in each year all office bearers shall retire from office, but shall be eligible for re-election.
- 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.
- All candidates, proposers and seconders must be financial Full Members of the Club for the ensuing year and each must have been a Member of the Club for at least twelve months.
- Full Members may nominate for not more than two positions
- Members who are affiliated with Bowls Victoria by reason of their membership of another club shall not be eligible to stand for office.
- 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 most of the unelected candidates, or as per Rule 4.5 (i) if there are no unelected candidates.
- The election shall be by secret ballot and shall be conducted as indicated hereunder.
- At least fourteen days prior to the Annual General Meeting, the Secretary shall issue to every eligible Member, a 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 members– up to six.
Chair of Selectors
Retiring Members shall be indicated by an “x”
- Only Members who are eligible on the first day of June (or such other date as approved by the Committee) in the current year shall receive ballot papers.
- 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.
- Completed ballot papers shall be placed in a plain envelope marked as “Ballot Paper” sealed and deposited in the ballot xox provided in the Club rooms for the purpose fourteen days prior to the Annual Meeting. Ballot papers may be posted to reach the Secretary at the Club’s address prior to the close of the ballot. Upon receipt the Secretary shall immediately deposit such papers in the ballot box.
- The poll closes at 6.30 p.m. on the day prior to day that the Annual General Meeting is to be held.
- 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.
- 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.
- 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.
- All Members are eligible to vote at General and/or Special General Meetings with the exception of:
- Family Members under the age of 18 years old,
- Any Member who fails to pay the annual subscription on or before 1st June (unless the due date is extended by the Committee),
- Members of less than 12 months, and
- Members who have been suspended for any reason.
- Voting by proxy at General Meetings of the Club is not permitted.
- 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.
- 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.
- 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.
- 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.
- Ordinary Resolutions shall be determined by a simple majority.
- Special Resolutions shall be determined by a 75 per cent majority of the members present at the meeting who are eligible to vote and voting.
- 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.
- The Committee must ensure that minutes are taken and kept of each general meeting.
- The minutes must record the business considered at the meeting, any resolution on which a vote is taken and the result of the vote.
- In addition, the minutes of each annual general meeting must include—
- the names of the Members attending the meeting; and
- the financial statements submitted to the Members in accordance with Rule 4.1 and
- the certificate signed by two Committee Members certifying that the financial statements give a true and fair view of the financial position and performance of the Club; and
- any audited accounts and auditor’s report or report of a review accompanying the financial statements , if required, under the Act.
All Members of the Committee shall be Full Members (including Life Members) of the Club.
At least 60 per cent of the Committee shall be Bowling-Members of the Club.
The Committee shall consist of:
Immediate Past President (see clause (c) below)
Vice-Presidents – not more than two.
Chair of Selectors
Plus not more than six ordinary Committee Members
The Immediate Past President may ex-officio sit in the Committee for a period not exceeding 12 months following the election of the new President
The Club may from time to time by ordinary resolution passed at a General Meeting increase or reduce the number of other Committee Members.
The Members shall vest the control and business of the Club in a Committee of Management known as the Committee and elected by the Members at the Annual General Meeting.
The Committee may exercise all the powers of the Club except those powers that these Rules or the Act require to be exercised by General Meetings of the Members of the Club.
The Committee shall have power to:
- Appoint and remove staff.
- Elect new Members.
- Admit a new Member at a predetermined subscription in the event of such a new Member joining the Club late in the season,.
- Accept the resignation of a Member where approved.
- Apply to The Victorian Commission for Gambling and Liquor Regulation (VCGLR) for permission to hold functions as provided in the Liquor Control Act 1998 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;
- Nominate an employee or any Member of the Committee as licensee.
- Submit the name of the Nominee for Licensee to The Victorian Commission for Gambling and Liquor Regulation (VCGLR);
- Admit visitors to the Club premises as provided in the Liquor Control Reform Act 1998- sub-sections 8 and 10 of Section 38.
- Authorise the Secretary to apply for a renewal of the License and permits in the manner prescribed under the Liquor Control Reform Act 1998 for the Registration of Clubs.
- Enter teams in Bowls Victoria competitions.
- Determine the number of pennant teams to be entered in pennant competitions.
- 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.
- Deal with requisitions of Members, which must be in writing.
- 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.
- 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.
- Arrange for the Annual General Meeting referred.
- 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.
- Enforce discipline by censure, suspension, fines or expulsion of a Member for any wilful infringement of the Rules, By-laws and Policies of the Club in accordance with Rule 2.14.
- Fill casual vacancies on the Committee only in accordance with Rule 4.4 (b), (c) & (d)
- 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.
- Determine the number of Selectors.
Members who are affiliated with Bowls Victoria by reason of their membership of the Club (Bowling-Members) 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 4.4,4.5 & 4.6 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 4.4,4.5 & 4.6 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 4.4,4.5 & 4.6 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.
- Make appointments, employ or remove such staff as considered necessary.
- Recommend to the Members, amendments and or changes to the Rules.
- Deal with other matters which may arise which are not specifically provided for in the Rules of the Club.
As per the Act
- As soon as practicable after being elected or appointed to the Committee, each Committee Member must become familiar with these Rules and the Act.
- The Committee is collectively responsible for ensuring that the Club complies with the Act and that individual Members of the Committee comply with these Rules.
- Committee Members must exercise their powers and discharge their duties with reasonable care and diligence.
- Committee members must exercise their powers and discharge their duties—
- in good faith in the best interests of the Club; and
- for a proper purpose.
- Committee Members and former Committee Members must not make improper use of—
- their position; or
- information acquired by virtue of holding their position—
so as to gain an advantage for themselves or any other person or to cause detriment to the Club.
In addition, it shall be the duty of the Committee to:
- Hold regular 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.
- Comply with the requirements of:
- The Liquor Control Reform Act 1998
- The laws of Bowls Victoria
- Federal, State, and Municipal laws as applying to licensed clubs
- To perform any other duties imposed from time to time by resolution at a general meeting,
- The Committee must meet at least 4 times in each year at the dates, times and places determined by the Committee.
- The date, time and place of the first Committee Meeting must be determined by the members of the Committee as soon as practicable after the annual general meeting of the Club at which the members of the Committee were elected.
- Special committee meetings may be convened by the President or by any Executive Officer of the Committee.
- Notice of each Committee Meeting must be given to each Committee Member no later than 7 days before the date of the meeting.
- Notice may be given of more than one Committee Meeting at the same time.
- The notice must state the date, time and place of the meeting.
- If a special Committee Meeting is convened, the notice must include the general nature of the business to be conducted.
- The only business that may be conducted at the meeting is the business for which the meeting is convened.
- In cases of urgency, a meeting can be held without notice being given in accordance with Rule 5.5 provided that as much notice as practicable is given to each committee member by the quickest means practicable.
- Any resolution made at the meeting must be passed by an absolute majority of the Committee.
- The only business that may be conducted at an urgent meeting is the business for which the meeting is convened.
- 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 Executive Officers.
- No business shall be transacted unless a quorum is present and if 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 same day in the following week, or any date, time and place determined by the President.
- The Committee may act notwithstanding any casual vacancy. However, if there are casual vacancies in the office of a Committee Member such that the number of remaining Committee Members is not sufficient to constitute a quorum at a meeting of the Committee, those Committee Members may act only for the purpose of increasing the number of Committee Members to a number sufficient to constitute such a quorum.
- The quorum necessary to conduct the business of sub-committees of the Club is two for sub committees of 3 or less and with sub-committees exceeding three the quorum shall be fifty per cent of the members of the sub-committee.
- The procedure to be followed at a meeting of a Committee must be determined from time to time by the Committee.
- The order of business may be determined by the Members present at the meeting.
- Formal motions and accepted rules of debate will be waived except as stated in this Rule.
- 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.
- Formal motions or ballots shall take place as required in these Rules or on a motion to this effect being upheld.
- At the next meeting a formal motion that the minutes be adopted and confirmed as a true record shall be put.
4.10 Conflict of Interest – Committee Members
- A Committee Member who has a material personal interest in a matter being considered at a Committee Meeting must disclose the nature and extent of that interest to the Committee.
- The Member—
- must not be present while the matter is being considered at the meeting; and
- must not vote on the matter.
- This Rule does not apply to a material personal interest—
- that exists only because the Member belongs to a class of persons for whose benefit the Club is established; or
- that the Member has in common with all, or a substantial proportion of, the Members of the Club.
- To be Members of, and assist the Committee in the conduct of the affairs of the Club.
- In the absence of the President and Vice-Presidents, to nominate the senior Committee Member to preside at any meeting.
4.12 President’s Duties
It shall be the duty of the President to:
- preside at all Club functions;
- preside at the Annual and all Special General Meetings;
- preside at all Committee Meetings;
- be ex-officio a Member at Sub-Committee Meetings;
- represent the Club at functions where the President’s presence is considered desirable;
- delegate the responsibility if unable to attend any of the abovementioned functions.
4.13 Vice-President’s Duties
A Vice-President (normally the senior) shall, in the absence of the President, preside at the functions referred to in the previous Rule.
- The Secretary shall be the Executive Officer of the Club and the Licensee for the purposes of the Liquor Control reform Act 1998 (or one so nominated) subject to the approval of The Victorian Commission for Gambling and Liquor Regulation (VCGLR). The Secretary shall be the Public Officer of the Club for the purposes of The Act.
- It shall be the duty of the Secretary to:
- attend all meetings of the Committee;
- ensure that Minutes of all resolutions and proceedings of the Committee shall be entered in a book provided for that purpose;
- conduct all correspondence in connection with the general business of the Club;
- maintain the Register of Club Members and the date of payment of the annual subscription;
- take all necessary steps and proceedings as may lawfully be imposed upon him under the Licensing Act by virtue of his appointment as Licensee. Under pain of penalty as provided in the Liquor Control reform Act 1998;
- maintain direct control of employees of the Club inside the pavilion;
- except as otherwise provided in these Rules to keep custody or control of all books, documents and securities of the Club;
- to keep custody of the Common Seal of the Club, if applicable;
- to ensure that the Common Seal shall not be affixed to any instrument except by authority of the Committee and the affixing of the Common Seal shall be attested by the signatures either of two Members of the Committee or of one Member of the Committee and the Public Officer of the Club;
- 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;
- carry out those unspecified duties usually associated with the office of Secretary;
- a Member of the Committee may be appointed to act as Assistant Secretary.
- enter Policies in a Policies and Procedure book to be kept for the purpose, and be available for inspection by the Members. Copies of new Policies will be displayed on the notice board for 14 days; and
- the Secretary must give to the Registrar notice of his or her appointment within 14 days after appointment.
4.15 Treasurer’s Duties
A Member of the Committee may be appointed by the Committee to act in the capacity of Assistant Treasurer.
The Treasurer must—
- receive all moneys paid to or received by the Club and issue receipts for those moneys in the name of the Club; and
- ensure that all moneys received are paid into the account of the Club within five working days after receipt; and
- make any payments authorised by the Committee or by a General Meeting of the Club from the Club’s funds; and
- ensure all transactions are authorised by two Committee members; and
- ensure that the financial records of the Club are kept in accordance with the Act; and
- coordinate the preparation of the financial statements of the Club and their certification by the Committee prior to their submission to the annual general meeting of the Club; and.
- ensure that at least one other Committee Member has access to the accounts and financial records of the Club; and
- At each meeting of the Committee the Treasurer shall present a statement of the previous month’s receipts and payments for approval by the Committee.
- The president, Secretary and Treasurer are ex-officio members of all sub-committees with the exception of the match or selection committee.
- In the event of vacancies occurring in any of the official positions provided for in Rule 5.1 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:
- length of current continuous service in that office;
- results of voting upon election;
- length of current membership in the Club.
- In the case of the Secretary of the Club—the Secretary ceases to reside in Australia
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.
The funds of the Club may be derived from joining fees, annual subscriptions, donations, fund-raising activities, grants, interest and any other sources approved by the Committee.
- Bank accounts of the Club shall be kept with such Bank/s as shall from time to time be determined by the Committee and all moneys banked therein.
- All funds of the Club must be deposited into the financial account of the Club no later than 5 working days after receipt.
- All transactions 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 transactions on the Club’s bank accounts in like manner.
- The Committee may authorise the Treasurer to expend funds on behalf of the Club (including by electronic funds transfer) up to a specified limit without requiring approval from the Committee for each item on which the funds are expended.
- With the approval of the Committee, the Treasurer may maintain a cash float provided that all money paid from or paid into the float is accurately recorded at the time of the transaction.
- a) correctly record and explain its transactions, financial position and performance;
- enable financial statements to be prepared as required by The Act.
- For each financial year, the Committee must ensure that the requirements under the Act relating to the financial statements of the Club are met.
- Without limiting sub-rule (1), those requirements include—
- the preparation of the financial statements;
- if required, the review or auditing of the financial statements;
- the certification of the financial statements by the Committee;
- the submission of the financial statements to the annual general meeting of the Club;
- If required under the Act, the lodgement with the Registrar of the financial statements and accompanying reports, certificates, statements and fee.
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 Member of the Club may be appointed by the Committee as Press Correspondent.
- 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 Reform Act 1998.
- No illegal gambling, betting, objectionable language, or conduct shall be permitted on Club premises.
- No tickets for external concerts or other entertainment shall be sold, no article shall be presented for sale, and no subscription list or raffle shall be canvassed or permitted in the Club without the prior sanction of the Committee.
- Any infringement of this Rule should be brought to the attention of the Committee.
- Committee Meetings and General Meetings:
- Members not physically present at a Committee or General Meeting may be permitted to participate in the meeting by the use of technology that allows that Member and the Members present at the meeting to clearly and simultaneously communicate with each other.
- iii. To use the technology to deliver notices of the meeting, along with financial statements and reports including the annual report.
- b) For Members
- i. In addition to communication in writing by mail, email is an acceptable for Members to communicate with the Committee including requests such as changes in personal details and requests of the Committee,
- If approved by the Committee, Members can attend and vote at Meetings per Rule (a) (i) above.
- 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.
- Such notices shall be placed by the Secretary or as otherwise directed by the Committee.
- 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.
- The Secretary shall have discretion to remove all or any item at any time.
- Members shall be allowed to introduce visitors to the Club, subject to the conditions and regulations prescribed in the Liquor Control Reform Act 1998 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.
- 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.
- 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.
- No Member shall introduce more than six visitors at any one time nor shall the same person be introduced more than ten times in any one year except the spouse or partner of a Member.
- 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 Reform Act 1998, as amended.
- Members may on request inspect free of charge—
- the register of Members;
- the minutes of general meetings;
- relevant documents.
- The Committee may refuse to permit a member to inspect records of the Club that relate to confidential, personal, employment, commercial or legal matters or where to do so may be prejudicial to the interests of the Club. As regulated by Act
- The Committee must on request make copies of these Rules available to Members and applicants for membership free of charge.
- For purposes of this Rule—
relevant documents means the records and other documents, however compiled, recorded or stored, that relate to the incorporation and management of the Club and includes the following—
- its membership records;
- its financial statements;
- its financial records;
- records and documents relating to transactions, dealings, business or property of the Club.
- The Club may be wound up voluntarily by special resolution.
- In the event of the winding up or the cancellation of the incorporation of the Club, the surplus assets of the Club must not be distributed to any Members or former Members of the Club.
- Subject to the Act and any court order made under section 133 of the Act, the surplus assets must be given to a body that has similar purposes to the Club and which is not carried on for the profit or gain of its individual Members.
- The body to which the surplus assets are to be given must be decided by special resolution at a General Meeting of the Members of the Club at or before the time of dissolution.
6.11 Alterations to the Rules
- 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.
- While and so long as the Club is licensed under the Liquor Control Reform Act 1998 no alteration or variation of such rules shall have effect unless and until such alteration or variation has been approved by The Victorian Commission for Gambling and Liquor Regulation (if relevant to the licence).
- 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 issued to Members of the Club twenty-one clear days before such meeting.