QUEENS PARK GOLF CLUB INC.
(Registration No. A 0009785 U)
RULES OF ASSOCIATION
NAME AND OBJECTS OF THE ASSOCIATION
- The name of the incorporated association is Queens Park Golf Club Incorporated (in these rules called “the Association”)
The objects of the Association are:
(a) To encourage the ideals of golf within the City of Greater Geelong and surrounding districts;
(b) To promote golf activities for members of the Association; and
(c) To promote and foster junior golf.
- (1) In these rules, unless contrary intention appears:
“Committee” means the Committee of Management of the Association, normally known as the “General Committee”.
“Financial Year” means the year ending on 30th June.
“General Meeting” means a general meeting of members convened in accordance with Rule 10.
“Member” means a member of the association within any of the categories specified in Rule 3.
“Ordinary Member of the Committee” means a member of the committee who is not an officer of the Association under rule 18
“Club House” means the premises of the Association situated at Queens Park, Geelong or any other premises so designated by the Committee from time to time.
“The Regulations” means regulations under the act
(2) In these rules, a reference to the Secretary of an Association is a reference to the person who holds office under these Rules as Secretary of the Association.
(3) Words or Expressions contained in these rules shall be interpreted in accordance with the provisions of the Act Interpretations Act 1958 and the Act as in force from time to time.
- (1) The Committee shall determine the number of members of the Association from time to time provided that the total members at any time shall not be less than 30. If at any time the Committee declares that membership should be capped, a waiting list of membership applications shall be established in the order of the applications being received.
(2) Only amateur golfers shall be eligible for membership of the Association.
(3) The members shall be divided into the following categories:
(a) Full Members
(b) Junior Members
(c) Honorary Life Members
(d) Social Members
(4) (a) A Full Member is one who has attained the age of 18 years.
(b) A Junior Member is one who has not attained the age of 18 years.
(c) An Honorary Life Member is one who, having previously been a member of the Association has rendered such valuable and outstanding service to the Association, is in the opinion of the Committee deserving of recognition by the Association and who has, upon a recommendation of the Committee and by a resolution of two-thirds of the members voting at a General Meeting, been elected to Life Membership of the Association, and is no longer required to pay any annual subscription.
(d) A Social Member is one who is entitled to all rights and privileges as set out in clause 3(14), but has no competition playing rights.
(5) Every candidate for membership shall be proposed by one and seconded by another Full or Life Member to both of whom the candidate is personally known.
(6) Every nomination for membership shall be in writing in the form set out in Appendix 1 or in such other form approved by the Committee, shall contain the nominee’s name and address and shall be signed by the proposer and seconder and delivered to the Secretary at least 14 days before the ballot for election of such candidate.
(7) As soon as possible after the receipt of a nomination, the Secretary shall refer the nomination to the committee and shall display the name of the nominee in a conspicuous place in the Club House for at least 7 days before the ballot for election of such candidate.
(8) Upon a nomination being referred to the committee, the committee shall determine by ballot whether to approve or reject the nomination provided that unless two-thirds of the Committee participating in the ballot approve the nomination, the nomination shall be rejected.
(9) Upon a nomination being approved by the Committee, the Secretary shall, without as little delay as possible, notify the nominee in writing that the nominee is approved for membership of the Association and request payment within the period of two calendar months after the receipt of the notification of the entrance fee and first annual subscription payable under these rules.
(10) The Secretary shall, upon payment of the entrance fee and first annual subscription within the period referred to in sub-clause 9, enter the nominee’s name, address and membership category in the register of members kept by the Secretary and, upon these particulars being entered, the nominee becomes a member of the Association.
(11) If the nominee fails to pay the entrance fee and first annual subscription within the period referred to in sub-clause 9, the election shall be null and void.
(12) A right, privilege or obligation of a person by reason of membership of the Association:
(a) is not capable of being transferred or transmitted to another person;
(b) terminates upon the cessation of membership whether by death or resignation or otherwise.
(13) A Junior Member:
(a) shall not be entitled to vote at any meeting or poll of the Association;
(b) shall not be eligible for election to the Committee of the Association;
(c) shall not be entitled to requisition a special general meeting of the Association under rule 10; and
(d) shall not be liable to be fined under rule 35-(1) but may be suspended or expelled under that rule.
(14) Subject to the express provisions of these Rules and to any by-laws made by the Committee and in force for the time being, all members shall be entitled to use in common the premises and property of the Association and to be supplied with such meals, refreshments and things provided by the Association for its members at such charges as the Committee shall from time to time determine and no member shall be entitled under these Rules to derive any profit, benefit or advantage from the Association which is not shared equally by every member.
- (1) (a) A visitor shall not be supplied with liquor in the club premises by the Association.
(b) A member may introduce visitors to the privileges of the Club House, golf links and other amenities of the Association upon payment of such fees as the Committee may from time to time determine but the same visitors shall not be introduced more than six times in the same year
(2) Presidents, Captains or Secretaries of Golf Clubs affiliated with Golf Australia, and Victorian Golf Association may be introduced as visitors under sub-clause (1) but without payment of any fee.
ENTRANCE FEE AND ANNUAL SUBSCRIPTION
- (1) The entrance fees for the various categories of members shall be such sum as the Committee shall from time to time by resolution prescribe, and thereafter, the applicant will pay the annual subscription prescribed for a Full Member.
(2) The entrance fee is due and payable by a member on election to membership and payment of the entrance fee shall be deemed to be an acknowledgment by the member to be bound by these Rules.
(3) The annual subscriptions for the various categories of members must be fixed at an Annual General Meeting in each year and, when so fixed, such subscription shall be deemed to be the annual subscription pursuant to this Rule.
(4) The annual subscription (except as to a new member on acceptance is due and payable in advance on the first day of July in each year. If the annual subscription is not paid by the thirty first day of July, will result in that member’s name being removed from the list of members.
(5) Any new member elected to membership in addition to the entrance fee shall pay a pro-rata amount of the annual subscription for that year.
(6) The committee may, at its discretion, waive payment of the whole or any part of the annual subscription payable by any member under these Rules.
REGISTER OF MEMBERS.
- (1) The Secretary shall arrange to keep and maintain a register of members which
shall: be available for inspection by members at the Club House and in which
shall be entered
(a) the name;
(b) the address;
(c) the date of election to membership; and
(d) the category of membership of each member of the Association and the
date on which their subscription was last paid.
(2) All members must notify the Secretary of any change of address and the Secretary shall amend the register of members accordingly.
(3) All notices sent to a member at their last address shown in the register of members or emailed to their last email address shown in the register of members or handed to the member personally shall be deemed to have been duly served on such member for the purposes of these Rules.
RESIGNATION OF MEMBER
- (1) A member of the Association who has paid all moneys due and payable to the Association may resign from the Association by giving one month’s notice in writing to the Secretary of their intention to resign and upon the expiration of that period of notice, the member shall cease to be a member.
(2) Upon the expiration of the notice given under sub-clause (1), the Secretary shall make in the register of members an entry recording the date on which the member by whom the notice was given, ceased to be a member.
(3) A member who has resigned and is subsequently re-elected to membership of the Association shall only be required to pay an entrance fee equal to the amount by which the entrance has increased between the time of first election to membership and the time of their re-election to membership.
DISPUTES AND MEDIATION
- (1) The grievance procedure set out in this rule applies to disputes under these rules between –
(a) a member and another member; or
(b) a member and the Association
(2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within fourteen days after the dispute comes to the attention of all the parties.
(3) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within ten days, hold a meeting in the presence of a mediator.
(4) The mediator must be –
(a) A person chosen by agreement between the parties: or
(b) In the absence of agreement –
(i) In the case of a dispute between a member and another member, a person appointed by the Committee of the Association; or
(ii) In the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice)
(5) A member of the Association can be a mediator.
(6) The mediator cannot be a member who is a party to the dispute
(7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(8) The mediator, in conducting the mediation, must –
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(9) The mediator must not determine the dispute.
(10) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
ANNUAL GENERAL MEETING
- (1) The Association shall in each calendar year convene an annual general meeting of its
(2) The annual general meeting shall be held on such day as the Committee determines.
(3) The annual general meeting shall be specified as such in the notice convening it.
(4) The ordinary business of the annual general shall be:
(a) to confirm the minutes of the preceding annual general meeting and of any general meeting held since that meeting;
(b) to receive from the Committee reports upon the transactions of the Association during the last preceding financial year;
(c) to elect officers of the Association and the ordinary members of the Committee;
(d) to receive and consider the statement submitted by the Association in accordance with section 30 (3) of the Act; and
(e) to appoint an auditor for the forthcoming year.
(5) The annual general meeting may transact special business of which notice is given in accordance with these Rules.
(6) The annual general meeting shall be in addition to any other general meetings that may be held in the same year.
SPECIAL GENERAL MEETINGS
- (1) All general meetings other than the annual general meeting shall be called special general meetings.
(2) The Committee may, whenever it thinks fit, convene a special general meeting of the Association and, where, but for this sub-clause, more than 15 months would lapse between annual general meetings, shall convene a special general meeting before the expiration of that period.
(3) The Committee shall, on requisition in writing of at least 12 members, convene a special general meeting of the Association.
(4) The requisition of a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in like form, each signed by one or more of the members making the requisition.
(5) If the Committee does not cause a special general meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, the members making the requisition, or any 20 members, may convene a special general meeting to be held not later than 3 months after that date.
(6) A special general meeting convened by members in pursuance of these Rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring the expenses
CONVENING OF GENERAL MEETINGS.
- (1) The Secretary of the Association shall, at least 7 days before the date fixed for holding a general meeting of the Association, cause to be sent to each member of the Association, a notice by pre-paid post at the member’s last address appearing in the Register of members, by handing the notice to the member personally or by email stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(2) The non-receipt of the notice convening the meeting by, or the accidental omission to give such notice to, any member entitled to receive such notice shall not invalidate the proceedings at any general meeting.
(3) No business other than that set out in the notice convening the meeting shall be transacted at the meeting.
(4) A member desiring to bring any business before a general meeting may give notice of that business in writing to the Secretary, who shall include that business in the notice calling the next general meeting after the receipt of the notice
PROCEDURE AT GENERAL MEETINGS.
- (1) All business that is transacted at a general meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these Rules as being the ordinary business of the annual general meeting shall be deemed to be special business.
(2) No business shall be transacted at a general meeting unless a quorum of members entitled under these Rules to vote is present during the time when the meeting is considering that item.
(3) 12 members personally present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
(4) If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the time and (unless another place is specified by the chairperson at the time of adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 5) shall be a quorum.
- (1) The President, or in his absence, the Vice President, shall preside as Chairperson at each
general meeting of the Association .
(2) If the President and the Vice President are absent from the general meeting, the members present shall elect one of their number to preside as Chairperson at the meeting.
- (1) The Chairperson of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2) Where a meeting is adjourned for 14 days or more, a like notice of the adjourned meeting shall be given as in the case of the general meeting.
(3) Except as provided in sub-clause (1) and (2), it shall not be necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
- (1) A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the Chairperson that the resolution has, on a show of hands, been carried unanimously or carried by a particular majority or lost, and an entry to that effect in the Minute Book of the Association is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
(2) Upon any question arising at the general meeting of the Association, a member has one vote only.
(3) All votes shall be given personally or by proxy.
(4) In the case of an equality of voting on a question, the motion or amendment shall be decided to maintain the status quo.
(5) If at a meeting a poll on any question is demanded by not less than one-third of the members personally present and entitled to vote, it shall be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
(6) A poll that is demanded on the election of a Chairperson or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairperson may direct.
(7) A member is not entitled to vote at any general meeting unless all moneys due and payable by the member to the Association have been paid, other than the amount of the annual subscription payable in respect of the current financial year.
(8) Members eligible to vote in the election of the Committee of the Association shall be Full members, Intermediate members and Life members, provided that the total number of such members comprise at least sixty per-centum of the total membership of the Association, excluding Temporary members and Honorary members. Where the total number of such honorary life members, ordinary and intermediate members does not comply with this requirement of this article, every financial member of the general body of the members of the club shall be entitled to vote in the election of the Committee of the Association.
- (1) Each member shall be entitled to appoint another member as the member’s proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(2) The notice appointing the proxy shall be in the form set out in Appendix 2.
COMMITTEE OF MANAGEMENT
- (1) The affairs of the Association shall be managed by a Committee of Management constituted
as provided in Rule 18.
(2) The Committee:
(a) shall control and manage the business and affairs of the Association;
(b) may, subject to these Rules, the Regulations and the Act, exercise all such powers and functions as may be required by the Association other than those powers and functions that are required by these Rules to be exercised by general meetings of the Association;
(c) may from time to time delegate any of its powers to such committee or committees which it may appoint for such purpose and each of which shall include at least one member of the Committee of Management and it may recall or revoke any such delegation or appointment provided always that the Committee of Management shall have no power to delegate its control of the supply of liquor to the Association ; and
(d) subject to these Rules, the Regulations and the Act, the Committee has the power to perform all such acts and things as appears to the Committee to be essential for the proper management of the business and affairs of the Association.
(3) All acts performed by the Committee or by any one or more of its members shall, notwithstanding that it may later appear that there was some defect in the election or appointment of such member or members or that such member or members was or were disqualified from so acting under these Rules, be as valid as if such member or members had been duly elected or appointed and was or were duly qualified.
(4) In addition to any other powers conferred on it by these Rules, the Committee –
(a) may, from time to time and when so authorised by a resolution of a general meeting, make a levy on all members, and so that failure to pay such levy shall be deemed a default in payment of the annual subscription;
(b) may issue debentures, debenture stock, bonds or obligations of the Association at any time and in any form or manner and of any amount with restriction on the transfer, assignment or charge thereof;
(c) may extend the period of payment of any debentures so issued or any part thereof on such terms and conditions as the Committee may determine from time to time or, prior to completion, remit the whole or any part of such debentures or refund any sum paid.
(5) The Committee shall not, unless so authorised by a resolution of a general meeting, devise, underlet, exchange, sell, forfeit or otherwise dispose of the whole or any part of the real property of the Association or of any land or property for the time held by the Association under licence from the Commonwealth of Australia other than to make facilities of the Association available to the public at such charges as the Committee may determine from time to time.
CONSTITUTION OF COMMITTEE
- (1) The officers of the Association shall be :
(a) a President;
(b) a Vice-President;
(c) a Secretary;
(d) a Treasurer;
(e) a Captain;
(f) a Vice-Captain;
(g) a Handicapper;
(2) The provision of Rule 19 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-clause (1).
(3) Each officer of the Association shall hold office until the annual general meeting next after the date of the officers’ election but is eligible for re-election.
(4) In the event of a casual vacancy in any office referred to in sub-clause (1), the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the officers appointment.
(5) Subject to section 23 of the Act, the Committee shall consist of;
(a) the officers of the Association;
(b) 5 ordinary members; and
(c) the Lady Members’ President and Captain, who shall be elected each year at the Annual General Meeting of Lady Members.
(6) Ordinary members of Committee shall be elected for a term of one year.
(7) Ordinary members of the Committee shall retire at the conclusion of the annual general meeting next after election of ordinary members of Committee but shall be eligible for re-election.
(8) In the event of a casual vacancy occurring in the office of an ordinary member of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these Rules, until the conclusion of the unexpired term of the Committee member whose place the member is appointed to fill.
(9) No officer or ordinary member of the Committee shall be entitled to remuneration for their services as a member of the Committee, except repayment of out-of-pocket expenses and any honorarium paid to the Secretary and/or Treasurer.
(10) Any debt or liability incurred by any officer or ordinary member of the Committee in the course of or as a result of the bona-fide exercise by him/her of any of his/her powers or duties on behalf of the Association shall be borne and paid by the Association and it shall indemnify him/her and keep him/her indemnified against the same.
ELECTION OF COMMITTEE
- (1) Nominations of candidates for election as officers of the Association or as ordinary members of the Committee;
(a) shall be made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and
(b) shall be delivered to the Secretary of the Association not less than 14 clear days before the date of the annual general meeting.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.
(3) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
(4) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
(5) The Secretary shall, not less than 7 clear days before the date fixed for the holding of the annual general meeting, post in a conspicuous place in the Club House a list of the candidates for election as either officers or ordinary members of the Committee (the names of the latter to be listed in alphabetical order) together with the names of the proposer and seconder of each candidate.
(6) If the number of candidates exceeds the number of vacancies for officers or ordinary members of the Committee, the Secretary shall cause balloting lists to be printed containing the names of such candidate in alphabetical order and the positions for which they are proposed and showing by asterisk or other symbol the name or names of the retiring candidate or candidates. The Secretary shall, by handing the notice to the member personally, by email or by post, one of such lists to each member other than junior members at least 7 clear days before the date fixed for the annual general meeting. Each member voting shall strike out the name or names of the candidates for whom the member does not desire to vote and shall place the marked list in an envelope marked “Voting Paper” and shall place this envelope in another envelope addressed to the Secretary and shall sign it and write their name legibly on the back of the outer envelope, and return it to the Secretary so that it reaches the Secretary at least two hours before the time fixed for the annual meeting.
(7) At or before the annual general meeting, the Secretary shall appoint 3 members not being candidates to act as tellers.
(8) On the day fixed for the annual general meeting, the Secretary shall hand to the tellers the unopened envelopes received by the Secretary from members within the period mentioned in sub-clause (6) and the tellers shall count the effective votes and hand to the Chairperson at the beginning of or during the annual general meeting their report as to the number of votes given to each candidate.
(9) The report of the tellers as to the number of votes polled for the candidates for their respective positions shall be final and conclusive provided that if required by a majority of members present at the annual general meeting, the Chairperson shall appoint 3 members not being candidates or tellers to examine and report on any aspect of election procedure indicated by a majority of members so present and the declaration of the Chairperson upon the receipt of the report of such members shall be final and conclusive.
(10) Subject to sub-clause (9), the Chairperson shall read the report of the tellers at the annual general meeting and shall declare elected the candidates who have received most votes for the respective positions. In the case of two or more candidates receiving an equal number of votes, the Chairperson shall determine by lot from such candidates the candidate or candidates who is or are to be elected.
(11) If the number of vacancies for officers and/or ordinary members of the Committee exceeds the number of candidates nominated, the members other than Junior members present at the annual general meeting may elect candidates to fill remaining vacancy or vacancies.
VACANCY OF COMMITTEE MEMBERSHIP
- For the purposes of these Rules, the office of an officer of the Association or of an ordinary member of the Committee becomes vacant if the officer or member:
(a) is absent from 3 consecutive meetings without leave;
(b) ceases to be a member of the Association;
(c) becomes an insolvent under administration within the meaning of the Companies Victoria Code; or
(d) resigns their office by notice in writing given to the Secretary.
PROCEDURE OF COMMITTEE
- (1) The Committee shall meet at least once every calendar month at such place and such times as the Committee may determine.
(2) Special meetings of the Committee may be convened by the President or by any 4 members of the Committee.
(3) Notice shall be given to members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such meeting.
(4) Unless the Committee determines otherwise from time to time, any 5 members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.
(5) No business shall be transacted unless a quorum is present and 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 unless the meeting was a special meeting in which case it lapses.
(6) At meetings of the Committee:
(a) the President or in the Presidents absence the Vice-President shall preside; or
(b) if the President and the Vice-President are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside.
(7) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.
(8) Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
(9) Written notice of each Committee meeting shall be served on each member of the Committee by sending it by electronic or pre-paid post addressed to Committee members at least one week before the date of the meeting.
(10) Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the Committee.
(11) If for any reason the number of officers and ordinary members of Committee shall be reduced to less than 5, the remaining officers and ordinary members of Committee or, if there be none, the Secretary shall have power to call an extraordinary meeting of all members of the Association for the purpose of filling the vacancies and may do all acts and cause to be issued all notices which may be necessary for that purpose.
DUTIES OF SECRETARY
- The Secretary of the Association shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the names of persons present at Committee meetings and shall perform all other duties which these Rules require the Secretary to perform.
DUTIES OF TREASURER
- The Treasurer of the Association;
(1) (a) shall arrange collection and receipt of all monies due to the Association and arrange to make all payments authorised by the Association; and
(b) shall keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.
(c) shall prepare forward planning estimates and budgets to be presented to the Committee annually.
(2) The accounts and books referred to in sub-clause (1)(b) shall be available for inspection by members in the manner and at the times and places determined by the Committee from time to time.
REMOVAL OF COMMITTEE MEMBERS
- (1) The Association in general meeting may by resolution remove any member of the Committee before the expiration of the members term of office and appoint another member in his stead to hold office until the expiration of the term of the first mentioned member.
(2) Where the member to whom a proposed resolution referred to in sub-clause (1) makes representations in writing to the Secretary or President of the Association (not exceeding a reasonable length) and requests that they be notified to the members of the Association, the Secretary or the President may send a copy of the representations to each member of the Association or, if they are not so sent , the member may require that they be read out at the meeting.
- All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two (2) of the following: President, Secretary, Treasurer, Captain or any two Committee members appointed by the Committee for this purpose.
- (1) A practising qualified accountant shall be appointed auditor at each annual general meeting and shall continue in that capacity until the next annual general meeting but shall be eligible for re-appointment.
(2) No member of the Committee shall be appointed auditor under sub-clause (1).
(3) The books and accounts of the Association shall be audited at the conclusion of each year.
(4) In the event of the death, resignation, removal from the district or incapacity of the auditor appointed under sub-clause (1), the Committee may appoint another auditor.
LADY MEMBERS’ COMMITTEE
- There shall be a Lady Members’ Committee, which shall be a sub-committee of the General Committee, and which shall be constituted and operate under these Rules, and which shall be represented on the Committee as full voting Committee members by the Lady President and Lady Captain for the term of them holding those positions.
- The Committee shall appoint sub-committees to deal with matters relating to competitions and the playing of golf (called the Match Committee), to the course (called the Course and Greens Committee), to the clubhouse and surrounds and social events (called the Clubhouse and Social Committee), to financial matters (called the Finance Committee) and to forward planning (called the Planning Committee), and such other sub-committees as it deems necessary, and all sub-committees shall perform such functions as the Committee may delegate to them under the direction, control and authority of the Committee.
The Committee may appoint any member of the Club to any sub-committee, and the President shall be an ex-officio member of all sub-committees.
- (1) The Common Seal of the Association shall be kept in the custody of the Secretary.
(2) The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of the Secretary of the Association.
ALTERATION OF RULES AND STATEMENT OF PURPOSES
- (1) These Rules and the Statement of Purposes of the Association shall not be altered except in accordance with the Act, and, while and so long as the Association is licensed under the Liquor Control Act, with the approval of the Liquor Control Commission.
(2) The Secretary shall, while and so long as the Association is licensed under the Liquor Control Act, within one month of the making of any alteration or amendment to the Statement of Purposes or Rules, lodge with the Secretary of the Liquor Control Commission a certified copy of every such alteration or amendment. In accordance eith30 – (2) these amendments do not alter the Statement of Purpose or Rules and thereby does not require the Liquor Control Commission’s approval
- (1) A notice may be served by or on behalf of the Association upon any member either by handing the notice to the member personally, by sending it by email or by post to the member at his last address shown in the Register of members.
(2) Where a document is properly addressed and handed to, emailed or pre-paid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which it was handed to the person or at which time the email was sent or if posted at which time the letter would have been delivered in the ordinary course of post.
DISPOSAL OF ASSETS
- (1) The income and property of the Association shall be used and applied solely in promotion of its purposes and the exercise of its powers as set out herein and no proportion thereof shall be distributed paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the Association provided that nothing herein contained shall prevent the payment in good faith of interest to any such members in respect of moneys advanced by the member to the Association or otherwise owing by the Association to the member or of remuneration to any officers or servants of the Association or to any member of the Association or other persons in return of any services actually rendered to the Association provided further that nothing herein contained shall be construed so as to prevent the payment or repayment to any member of out-of-pocket expenses, money lent, reasonable and proper charges for goods hired to the Association, reasonable and proper rent for premises demised or let to the Association, reasonable and proper charges for the provision of services to the Association to which such member would be entitled if the person were not a member.
(2) If the Association shall be wound up in accordance with the provisions of the Association Incorporation’s Act 1981, or if the incorporation of the Association is cancelled, and there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall be given or transferred to some other institution or institutions having purposes similar to the purposes of the Association, and which prohibits the distribution of its other income and property amongst its other income and property amongst its or their members to the extent at least as great as is imposed on the Association under or by virtue of this Rule such institution or institutions to be determined in accordance with a special resolution of the members of the Association or in the absence of special resolution of the members by the Registrar.
SOURCES OF FUNDS
- The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the Committee determines.
- (1) The Committee shall have the power to make, alter and repeal as such by-laws as they may deem necessary, expedient or convenient from time to time for the proper conduct of the Association.
(2) The Committee may adopt such means as it deems sufficient to bring to the notice of members all such by-laws, amendments and repeals.
(3) Such by-laws, provided they are not in conflict with these Rules, shall have the same force and effect as these Rules.
(4) The Committee may prescribe penalties for breach of any by-law and enforce such penalties under Rule 35 – (1).
(5) Any by-law made under sub-clause (1) may be repealed by resolution of a general meeting.
DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS
- (1) Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution—
(a) suspend that member from membership of the Association for a specified period; or
(b) expel that member from the Association.
(2) A resolution of the committee under sub-rule (1) does not take effect unless-
(a) at a meeting held in accordance with sub-rule (3), the committee confirms the resolution; and
(b) if the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
(3) A meeting of the committee to confirm or revoke a resolution passed under sub-rule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule (4).
(4) For the purposes of giving notice in accordance with sub-rule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice-
(a) setting out the resolution of the committee and the grounds on which it is based; and
(b) stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that he or she may do one or both of the following
(i) attend that meeting;
(ii) give to the committee before the date of that meeting a written statement seeking the revocation of the resolution;
(e) informing the member that, if at that meeting, the committee confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
(5) At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (1), the committee must-
(a) give the member, or his or her representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
(6) If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
(7) If the Secretary receives a notice under sub-rule (6), he or she must notify the committee and the committee must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
(8) At a general meeting of the Association convened under sub-rule (7)
(a) no business other than the question of the appeal may be conducted; and
(b) the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the member, or his or her representative, must be given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
(9) A resolution is confirmed if, at the general meeting, not less than two-thirds of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.
CUSTODY AND INSPECTION OF BOOKS AND RECORDS
- (1) Except as otherwise provided in these rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Association.
(2) All accounts, books, securities and any other relevant documents of the Association must be available for inspection free of charge by any member upon request.
(3) A member may make a copy of any accounts, books, securities and any other relevant documents of the Association.