1. NAME OF ASSOCIATION
The Association shall be called Eaglemont Tennis Club Incorporated
(hereinafter referred to as the Club) and the Club Colours shall be
light blue and dark blue.
2. PURPOSES
The purposes of the Club are:
- To promote the sport of tennis.
- To foster goodwill amongst the members.
- To provide competitive and social tennis for all members.
2. INTERPRETATION
"The Act" means the Associations Incorporation Reform Act 2012
and "Regulations" means the regulations made
under the Act.
4. MEMBERSHIP
- Members shall consist of Life Members, Adult Members and
Junior Members.
- The Secretary, or the Treasurer, shall keep and maintain a
register of members in which shall be entered the full name, address
and date of entry of the name of each member and the register shall be
available for inspection by members in accordance with Rule 31.
-
- A member of the Club who has paid all moneys due and payable
by him to the Club may resign from the Club by first giving one month's
notice in writing to the Secretary of his intention to resign, and upon
the expiration of that period of notice, the member shall cease to be a
member.
- Upon the expiration of a period of notice given under
sub-clause (a), 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.
- A member who resigns or is expelled is not entitled to
repayment of subscriptions or entry fees.
5. OFFICERS
The Officers of the Club shall consist of a President, two (2)
Vice-Presidents, a Secretary, and a Treasurer, all of whom shall be
elected at each Annual General Meeting and shall hold office until the
next Annual General Meeting but shall be eligible for re-election. All
Officers must be Adult Members or Life Members of the Club.
6. COMMITTEES
-
GENERAL MANAGEMENT COMMITTEE
- The business and affairs of the Club shall be controlled by a
General Management Committee (hereinafter referred to as the G.M.C.).
The G.M.C. shall consist of the Officers together with
- three general committee members who shall include at
least one man and one woman who shall be elected at each Annual General
Meeting,
- the Convenor of the Selection and Tournament Committee,
- the Convenor of the Junior Management Committee, and
- a Mid-week Competition Delegate.
All G.M.C. members must be Adult Members.
The G.M.C. shall meet to conduct the affairs of the Club at
such times as the G.M.C. shall decide and at least nine (9) times every
year. Five (5) members shall constitute a quorum.
- The G.M.C.
- shall control and manage the business and affairs of the
Club;
- may, subject to these Rules, the Regulations and the Act,
exercise all such powers and functions as may be exercised by the Club
other than those powers and functions that are required by these Rules
to be exercised by general meetings of the members of the Club; and
- subject to these Rules, the Regulations and the Act, has
power to perform all such acts and things as appear to the G.M.C. to be
essential for the proper management of the business and affairs of the
Club.
- The President shall be the Chairman of the G.M.C. or in his
absence one of the Vice-Presidents or other member of the G.M.C. as
shall be voted on at that meeting.
- Minutes of each meeting of the G.M.C. shall be kept by the
Secretary and at the next meeting of the G.M.C. shall be submitted for
confirmation or otherwise.
SELECTION AND TOURNAMENT COMMITTEE
- A Selection and Tournament Committee (hereinafter referred to
as the S.T.C.) consisting of five (5) Adult Members shall be elected at
each Annual General Meeting.
- The S.T.C. shall include a minimum of two (2) women and a
minimum of two (2) men.
- The S.T.C. shall include at least one (1) member with either
V.T.A. or Tennis Victoria Pennant competitive experience.
- Any member who is also a competitively active member of a
club that fields teams against the Club in competition within the
jurisdiction of the S.T.C. shall be ineligible for election thereto,
unless expressly sanctioned by those members present at the meeting
where the results of the elections are declared.
- The S.T.C. shall nominate one of its members to be the
Selection and Tournament Convenor. The nomination is subject to
ratification by the G.M.C. The Convenor shall notify every member of
the S.T.C. of every forthcoming meeting of the S.T.C. A quorum of three
(3) shall apply to every meeting of the S.T.C. The Convenor shall be
the Chairman of the S.T.C. or in his or her absence such member of the
S.T.C. as elected by the S.T.C.
- The S.T.C. shall have the sole right of selection and grading
of teams entered by the Club for match play in both V.T.A. Pennant and
weekend District Competition other than for junior team selection.
Night Competition team selection and grading shall be done by the
S.T.C. in consultation with the Night Tennis Convenor who shall be
appointed by the G.M.C.
- The S.T.C. shall be responsible for conducting the Club
singles and doubles championships.
- The S.T.C. shall be responsible for organising all Club
tournaments of a social nature.
- The G.M.C. may fill vacancies on the S.T.C. that may occur
for any cause whatsoever and any member so appointed shall hold office
until the next Annual General Meeting.
-
MIDWEEK COMPETITION TEAM SELECTION
Teams entered for play in midweek day competitions conducted by
any of the associations with which the Club is affiliated shall be
selected by the respective team captains or their nominated
representatives for the particular competition, plus a match secretary
for each competition who shall be appointed by the G.M.C.
One of the match secretaries shall be appointed by the G.M.C. to
represent the Midweek players on the G.M.C. (called the Midweek
Competition Delegate).
-
JUNIOR MANAGEMENT COMMITTEE
- A Junior Management Committee (hereinafter referred to as the
J.M.C.) consisting of three (3) members will be elected at each Annual
General Meeting. The J.M.C. shall nominate one of its members to be the
Junior Tennis Convenor. The nomination is subject to ratification by
the G.M.C. The Convenor shall be the Chairman of the J.M.C. or in his
or her absence such member of the J.M.C. as elected by the J.M.C.
- The J.M.C. will be responsible for junior team selection.
- The G.M.C. may fill vacancies on the J.M.C. that may occur
for any cause whatsoever and any member so appointed shall hold office
until the next Annual General Meeting.
7. ELECTION OF MEMBERS
A person is eligible for membership and to become a member of the
Club must apply to become a member and be approved by the G.M.C. in its
absolute discretion. The G.M.C. may regulate the number of members in
its absolute discretion.
8. ADULT MEMBERS
Adult Members shall be entitled to exercise all the rights and
privileges of membership, including the right to:
- use the Club's courts and facilities at all times, subject
to availability and any By-Laws or directions made by the G.M.C.
- receive notices of General Meetings, submit items of business for
consideration at General Meetings, attend and vote at General Meetings;
- stand for election to a committee or to be an Officer subject to Rules 5, 18 and 20.
9. JUNIOR MEMBERS
Only persons under the age of 18 years may be Junior Members,
provided that a Junior Member attaining the age of 18 years after
the first day of any financial year may continue as a Junior Member
until the end of that financial year. On ceasing to be eligible
to remain a Junior Member a Junior Member shall be entitled
to become an Adult Member subject to the approval of the G.M.C.
Junior Members shall be entitled to the use of the Club's
courts and facilities similarly to Adult Members but shall not be
entitled to any other rights and privileges of membership.
10. LIFE MEMBERS
A General Meeting of the Club may elect any person to be a Life
Member who will be entitled during his or her lifetime to all the rights and privileges of Adult membership without payment of any fees or
levies. Election of a Life Member may only be made of persons nominated
by the G.M.C. for special services rendered to the Club and that not
more than two (2) Life Members be elected in any one (1) year.
11. USE OF COURTS AND FACILITIES
Notwithstanding the general provisions contained in these Rules
relating to such use by members of any class the G.M.C. shall have
power to make By-Laws relating to the use of the Club's courts and
facilities by members of all or any class and may grant the sole and
exclusive use of the courts and facilities to any person or persons not
necessarily club members for such a period and on such terms as it
thinks fit.
12. ANNUAL SUBSCRIPTIONS AND ENTRANCE FEES
The Annual Subscription and Entrance Fees shall be as fixed by the
Annual General Meeting and remain current until so altered.
The G.M.C. shall have power to make a levy upon members
proportionate to the Annual Subscriptions, such levy not to exceed in
any one (1) year more than 20% of the annual subscription without
sanction from a General Meeting.
13. MEMBERS DEFAULTING
- In the event of any member not paying his or her subscriptions by
31st October in any year and such money as may be levied within thirty
(30) days of demand, the G.M.C. may cancel such person's membership.
-
- The G.M.C. may by resolution -
- expel a member from the Club;
- suspend a member from membership of the Club for a
specified period; or
- fine a member in accordance with the Regulations -
if the G.M.C. is of the opinion that the member -
- has refused or neglected to comply with these Rules or
the By-Laws; or
- has been guilty of conduct unbecoming a member or
prejudicial to the interests of the Club.
- A resolution of the G.M.C. under sub-clause (a) -
- does not take effect unless the G.M.C. at a meeting held
not earlier than fourteen (14) days after the service on the member of
a notice advising the member of its resolution confirms the resolution
in accordance with this clause; and
- After receiving the notice referred to in clause
(2)(b)(i) above the member may forward a written statement to the
G.M.C. to be considered by it prior to its confirming the resolution or
may advise the Secretary in writing that he or she wishes to appear
before the G.M.C. to answer any allegations or make any statement and
the Secretary shall notify the member of the time, date and venue of
the next G.M.C. meeting and the member may address the meeting prior to
the G.M.C. confirming the resolution.
- Any member retiring, resigning or ceasing to remain a member from
any cause whatsoever shall have no claim on any portion of the Club's
property or assets.
14. ACQUIESCENCE
Payment of the Subscription shall imply a member's acquiescence in
these Rules and By-Laws of the Club and these Rules shall constitute
the terms of a contract between the Club and the member.
15. DISPUTE RESOLUTION
- If there is a dispute between a member and another member
relating to Club matters, the members in dispute and a G.M.C. member,
selected by the G.M.C., shall meet within three months after it comes
to the attention of the G.M.C. that there is a dispute. If the members
in dispute are unable to resolve the dispute at the meeting, or if one
or more members in dispute or the selected G.M.C. member fails to
attend the meeting, the members may seek to resolve the dispute in
accordance with the Act or otherwise at law.
- If there is dispute between a member and the Club after the
avenues provided for under these Rules or by the By-Laws have been
exhausted, the member and a G.M.C. member, selected by the G.M.C.,
shall meet within three months after it comes to the attention of the
member and the G.M.C. that there is a dispute remaining after the
exhaustion of all appeals provided for under these Rules or the
By-Laws. If the member and the Club are unable to resolve the dispute
at the meeting, or if the member or the selected G.M.C. member fails to
attend that meeting, the member or the Club may seek to resolve the
dispute in accordance with the Act or otherwise at law.
16. FINANCIAL YEAR
The financial year shall be from August 1st to July 31st of the
following year.
17. GENERAL MEETING
The Annual General Meeting of the Club shall be held on a date
nominated by the G.M.C. and shall be within one (1) month of the
beginning of the financial year for the reception and adoption of the
Annual report and Balance Sheet of the previous financial year, the
election of Officers, the G.M.C., S.T.C. and the J.M.C. and the
transaction of any other business that may be brought forward.
A Special General Meeting may be called at any time by the President
or by the G.M.C., or by requisition in writing to the President or
Secretary signed by ten (10) or more members. At least seven (7) days
notice in writing of a Special General Meeting shall be given by email,
post or delivery to each member entitled to vote thereat. The notice
shall include a brief description of the business of the meeting. Only
business described in the notice shall be dealt with at the Special
General Meeting.
At least twenty-one (21) days notice in writing of the Annual
General Meeting shall be given by email, post or delivery to each
member entitled to vote thereat.
At least fourteen (14) days notice of motions to be voted on at the
Annual General Meeting shall be given in writing by email, post or
delivery to each member entitled to vote thereat.
Only Adult Members and Life Members shall be entitled to
vote at General Meetings.
The President, failing whom a Vice-President and failing them an
Adult Member elected from those present at the meeting, shall be
Chairman of
a General Meeting.
Twelve (12) members present and entitled to vote thereat shall
constitute a quorum at a General Meeting. If a quorum be not present
half an hour after the time fixed for the meeting the meeting shall
stand adjourned for fourteen (14) days and seven (7) days notice of
such adjournment shall be given in writing to those entitled to be
present. Two (2) or more persons present at any such adjourned meeting
shall constitute a quorum.
Minutes of each General Meeting shall be kept by the Secretary and
at the next General Meeting shall be submitted for confirmation or
otherwise.
A notice which is emailed,
- by the Secretary, another member of the G.M.C. authorised by
the G.M.C. to do so or another member authorised by the G.M.C. to do so,
- to the email address of the member recorded in the register of
members,
- at least 2 business days prior to the date on which notice is
required to be given,
shall be deemed to have been given to the member to whom it is
addressed.
A notice which is posted,
- by the Secretary, another member of the G.M.C. authorised by
the G.M.C. to do so or another member authorised by the G.M.C. to do so,
- in an envelope with postage paid and addressed to the address
of the member recorded in the register of members,
- at least 2 business days prior to the date on which notice is
required to be given,
shall be deemed to have been given to the member to whom it is
addressed.
18. ELECTION OF OFFICERS, OTHER MEMBER OF G.M.C. S.T.C. AND JUNIOR
MANAGEMENT COMMITTEE
Nominations shall be in writing in such form as the G.M.C. approves.
Nominations must be signed by the proposer, seconder and nominee and
must be lodged with the Secretary by the date notified by the Secretary
which date shall be not less than fourteen (14) days prior to the
Annual General Meeting.
Names shall be posted in the Club House in order of nomination at
least one (1) week prior to the Annual General Meeting.
Unless with approval of the G.M.C.,
- no person shall be eligible for nomination to the G.M.C. until
he or she shall have been a member of the Club for a period of at least
twelve (12) months,
- No person shall be eligible for nomination as President unless
he or she has been a member of the G.M.C., S.T.C. or J.M.C. for a
period of at least twelve (12) months.
If in any year there are more candidates nominated than the
vacancies, there shall be an election to be held by ballot.
Ballot papers showing the names of all nominees shall be given by
email, post or delivery to all members entitled to vote at General
Meetings not less than seven (7) days prior to the meeting at which the
ballot is to be held.
Every voter must vote for as many candidates as there are vacancies
or the vote will be invalid, and every voter shall so vote by striking
out on the ballot paper the name of each candidate for whom he does not
wish to vote so as to leave not struck out the names of as many
candidates as there are vacancies.
The completed ballot papers must be lodged with the Secretary, or
placed in a ballot box provided for that purpose, not later than the
commencement of the Annual General Meeting. Postal and absentee votes
must be signed or enclosed in a sealed envelope bearing the voter's
signature, such sealed envelopes to be placed in the ballot box
unopened.
The ballot shall be closed at the commencement of the meeting. The
Chairman shall appoint two (2) or more scrutineers to count the votes.
The Chairman shall declare elected to each vacancy the candidate
therefore receiving the most votes, provided that in the event of an
equality of votes in favour of more than one (1) candidate for any
vacancy or vacancies the Chairman shall have as many additional votes
as there are vacancies.
In the event of there being insufficient nominations for any
vacancies, any such vacancies shall be filled at the Annual General
Meeting by ballot conducted thereat among candidates nominated at the
meeting.
19. VOTING AT MEETING
Except as provided for election of Officers and G.M.C., S.T.C. and
J.M.C., matters arising at any meeting shall be decided by show of
hands, provided that a ballot shall be taken if required by three (3)
or more persons entitled to vote thereon. In the event of an equality
of votes on any matter the Chairman of the meeting shall have a second
(casting) vote.There is no entitlement to vote by proxy at a General
Meeting.
20. ABSENTEE OFFICERS AND G.M.C. MEMBERS
For the purposes of these Rules, the office of an Officer of the
Club or of an ordinary member of the G.M.C. becomes vacant if the
Officer or ordinary member-
- ceases to be a member of the Club;
- dies;
- becomes an insolvent under administration within the meaning of
the relevant law;
- becomes a represented person within the meaning of the Guardianship and Administration Act 1986;
- resigns his office by notice in writing given to the G.M.C.;
- is removed from office by special resolution;
- absents himself or herself from three (3) consecutive meetings
without a satisfactory explanation given to the G.M.C.
- a statutory manager is appointed under the Act to conduct the
affairs of the Club; or
- in the case of the Secretary, the Secretary ceases to reside in
Australia;
It shall be in the power of the G.M.C. to fill all vacancies that
may occur from any cause whatsoever, and any member so appointed shall
hold office until the next Annual General Meeting.
The remaining members of the G.M.C. may act notwithstanding any
vacancy in their body.
21. DEPUTY OFFICERS AND SUB-COMMITTEES
The G.M.C. may appoint members of the Club as deputy officer, match
secretaries, or to sub-committees.
Sub-committees are not allowed to involve the Club in any
liabilities and must in all cases act under the direction and control
of the G.M.C.
They shall submit reports from time to time to the G.M.C. Any deputy
officer, match secretary, or any sub-committee may be elected by the
General Meeting in lieu of the G.M.C.
22. DUTIES OF SECRETARY
The Secretary shall:
- perform any duty or function required under the Act to be
performed by the secretary of an unincorporated association;
- keep full and accurate minutes of all General Meetings of the
Club and all meetings of the G.M.C. and submit same for confirmation or
otherwise at the next respective meeting;
- receive and conduct all correspondence and communications on
behalf of the Club (provided that the Convenors and any match secretary
appointed may correspond and communicate directly with an association
on matters pertaining to the conduct of the particular competition for
which they are responsible);
- prepare the Annual Report to be presented at the Annual General
Meeting;
- keep custody of the common seal of the Club;
- provide members with access to the minutes of General Meetings,
and of the G.M.C. and other books and documents subject to these Rules
and the Act; and
- carry out the directions of the G.M.C. and keep all necessary
records pertaining to the business of the Club other than the
fincancial records referred to in Rule 23.
23. DUTIES OF TREASURER
The Treasurer shall:
- keep true accounts and books of the assets and liabilities of
the Club, the sums of money received and expended by the Club, the
matter in respect of which such receipt and expenditure take place,
showing the financial affairs of the Club, and the particulars usually
shown in books of account of a like nature;
- at the Annual General Meeting submit to members a statement
showing under the different headings the income and expenditure for the
period of twelve (12) months succeeding that embraced by the then last
statement; and
- have charge of the bank books and shall(sic) produce same at all meetings
of the Club.
24. DISBURSEMENTS
- The Treasurer shall make no disbursement of the Club's funds without
the sanction of the G.M.C.
- All cheques must be signed by two (2) members of the G.M.C.
25. AUDITORS
- At least one (1) Auditor shall be appointed at the Annual General
Meeting whose duty it shall be to examine all books and documents
relating to financial affairs of the Club and report on same at the
next Annual General Meeting.
- The Auditors shall at all reasonable times have access to the books,
accounts, vouchers, etcetera, of the Club, and may call upon any person
for information or explanation they may require in relation to such
accounts.
- The Auditor shall not be a member of the G.M.C.
- The Auditor may appoint a duly qualified person as an alternate or
additional Auditor, subject to the approval of the G.M.C.
- The G.M.C. may not remove an Auditor but may appoint an Auditor if a
vacancy occurs due to the death, incapacity or unavailability of the
Auditor and there is no alternate or additional Auditor.
26. FUNDS
The funds of the Club shall be derived from entrance fees, annual
subscriptions, donations and other sources as the G.M.C. determines.
27. DISSOLUTION
- The Club shall not be dissolved or disbanded, without the consent
of four fifths (4/5) of those persons entitled to be present and vote
at General Meetings.
- In the event of the winding up of the Club, after payment of all
liabilities, the remaining assets shall be donated to an approved
charity, nominated by the G.M.C.
28. BY-LAWS
The G.M.C. shall have power to make By-Laws, to alter, amend or rescind them as occasion may
require, but such By-Laws must not be in anyway opposed or
contradictory to these Rules or the Act.
29. RESOLUTIONS BINDING ON MEMBER
All resolutions passed at an Annual or Special General Meeting of
the Club shall be conclusive and binding on the members of the Club
whether they be present at such meeting or not, provided that such
meeting is held in conformity with these Rules and the Act.
30. ALTERATION TO RULES
These Rules, including the Statement of Purposes of the Club (Rule 2) shall not
be altered, added to or rescinded except in accordance with the Act.
31. ACCESS TO CLUB INFORMATION
- The G.M.C. shall on request make copies of these Rules and then-current By-Laws available to members and applicants for membership free of charge.
- Subject to subrule (4), any member may on request inspect free of charge:
- the register of members;
- the minutes of General Meetings;
- the financial records, books, securities and any other relevant document of the Club.
- Subject to subrule (4), any member may make a copy of any of the
records of the Club referred to in subrule (2) and the Club may charge
a reasonable fee for provision of a copy of such a record.
- The G.M.C. may deny a member's inspection or copying of any of
the records of the Club to the extent that such record relates to
confidential, personal, commercial or legalĀ matters or where such
inspection or copying may reasonably be judged to be prejudicial to the interests of the Club.
- For purposes of subrule (2), relevant documents
means the records and other documents, however compiled, recorded or
stored, that relate to the incorporation orĀ management of the
Club and includes the following:
- membership records;
- financial statements;
- financial records;
- minutes of committee meetings;
- records and documents relating to transactions, dealings, business or property of the Club.
32. IMPROPER USE OF INFORMATION RECORDED ON REGISTER OF MEMBERS
A member, including an Officer, must not disclose information about
another person obtained from the register of members unless:
- the use or disclosure of the information is directly related to
the management or purposes of the Club; and
- the person using or disclosing it has the authorisation of:
- the G.M.C.;
- the S.T.C. provided it has the authority to so authorise; or
- the J.M.C. provided it has the authority to so authorise.
33. MISCELLANEOUS
- The common seal of the Club shall be kept in the custody of the
Secretary.
- The common seal shall not be affixed to any instrument except by
the authority of the G.M.C. and the affixing of the common seal shall
be attested by the signatures of any two (2) officers.
- The books, documents and securities of the Club shall be kept in
the custody or control of the Secretary or Treasurer and shall be
available for inspection by any member by arrangement at such times as
are convenient to the Secretary or Treasurer.
34. MODEL RULES
Wherever there is no provision in these Rules, the Model Rules (140 kB), prescribed by the Act and the Regulations, apply.
A without-prejudice review has suggested that for the
purposes of Rule 34, the relevant Model Rules are:
- 5 Powers of association
- 6 Not for profit organisation
- 7 Minimum number of members
- 10 Consideration of application
- 11 New membership
- 15 Rights not transferable
- 35 Use of technology
- 43 Delegation
- 45 General Duties
- 59 Notice of meetings
- 60 Urgent meetings
- 61 Procedure and order of business
- 62 Use of technology
- 64 Voting
- 65 Conflict of interest
- 67 Leave of absence
- 69 Management of funds
- 70 Financial records
- 71 Financial statements
- 73 Registered address
- 74 Notice requirements