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Club Rules

 CFA4WD Club

Rules 

25th October 2012

 

1.         The name of the incorporated association is Country Fire Authority Four Wheel Drive Club Incorporated (in these rules called “the Association”).

2. (1)        In these rules, unless the contrary intention appears:-

                        “Committee” means the Committee of management of the Association.

                        “Financial year” means the year ending 30th June

                        “General Meeting” means a general meeting of members convened in accordance with Rule 11.

                         “Member” means a financial member of the Association.

                         “Ordinary Member of the Committee” means a member of the Committee who is not an Officer of the Association under Rule 21.

                         “The Act” means the Associations Incorporation Act 1981.

                         “The Regulations” means regulations under the Act.

(2)        In these Rules, a reference to the secretary of an Association is a reference:-

(a) Where a person holds office under these Rules as secretary of the Association - to that person; and

(b) In any other case, to the public officer of the Association.

(3)        Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the

Act as in force from time to time.

Qualifications of Membership

3.         (1)       A natural person over the age of eighteen (18) years who is nominated and approved for membership as provided in these rules is eligible to be a member of the Association on payment of the annual subscription payable under these rules.

            (2)        A person who is not a member of the Association at the time of the incorporation of the Association (or who was such a member at the time but ceased to be a member) shall not be admitted to membership –

                   (a)          unless he/she is nominated as provided in sub-clause (3); and

                   (b)        his/her admission as a member is approved by the Committee.

            (3)        A nomination of a person for membership of the Association - shall be lodged with the secretary of the association.

            (4)        As soon as is practicable after the receipt of a nomination, the secretary shall refer the nomination to the Committee.

            (5)        Upon a nomination being referred to the Committee, the Committee shall determine whether to approve or to reject the nomination.

            (6)        Upon a nomination being approved by the Committee, the secretary shall, with as little delay as possible, notify the nominee in writing that he/she is approved for membership of the Association and request payment within the period of 28 days after receipt of the notification of the sum payable under these rules as the first year’s annual subscription.

(7)        The secretary shall, upon payment of the amounts referred to in sub clause (6) within the period referred to in that sub-clause, enter the nominee’s name in the register of members kept by him/her and, upon the name being so entered, the nominee becomes a member of the Association.

            (8)        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 cessation of his/her membership whether by death or resignation or otherwise.

Annual Subscription

4.         The annual subscription shall be set by the Committee from time to time and is payable on or before the first day of June in each year.

Register of Members

5.         The secretary shall keep and maintain a register of members in which shall be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Public Officer.

Resignation of member

6.         (1)        A member of the Association who has paid all moneys due and payable by him/her to the Association, may resign from the Association by first giving one months notice in writing to the secretary of his/her intention to resign and upon the expiration of that period of notice, the member shall cease to be a member.

            (2)        Upon the expiration of a notice given under sub-clause (1), the secretary shall make in the register of members an entry recording the date on which the member by whom notice was given, ceased to be a member.

Expulsion, suspension or fining of members

7.         (1)        Subject to these rules, the Committee may by resolution –

                   (a)          Expel a member from the Association;

                   (b)          Suspend a member from membership of the Association for a specified period; - or –

                   (c)        Fine a member in accordance with the regulations -

if the Committee is of the opinion that the member –

                   (d)        Has refused or neglected to comply with these rules; or

                   (e)        Has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association.

             (2)        A resolution of the Committee under sub-clause (1) –

                   (a)        Does not take effect unless the Committee, at a meeting held not earlier than 14 and not later than 28 days after the service on the member of a notice under sub-clause (3) confirms the resolution in accordance with this clause; and

                   (b)        Where the member exercises a right of appeal to the Association under this clause, does not take effect unless the Association confirms the resolution in accordance with this clause.

             (3)        Where the Committee passes a resolution under sub-clause (1), the secretary shall, as soon as practicable, cause to be served on the member a notice in writing –

                   (a)          Setting out the resolution of the Committee and the grounds on which it is based;

                   (b)        Stating that the member may address the Committee at a meeting to be held not earlier than 14 and not later than 28 days after the service of the notice;

                   (c)          Stating the date, place and time of that meeting;

(d)        Informing the member that he/she may do one or more 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;

(iii)       Not later than 24 hours before the date of the meeting, lodge with the secretary a notice to the effect that he/she wishes to appeal to the Association in general meeting against the resolution.

(4)        At a meeting of the Committee held in accordance with sub-clause (2), the

Committee -

a)            Shall give to the member an opportunity to be heard;

(b)        Shall give due consideration to any written statement submitted by the member; and

(c)        Shall by resolution determine whether to confirm or to revoke the resolution.

(5)        Where the secretary receives notice under sub-clause (3), he/she shall notify the Committee and the Committee shall convene a general meeting of the Association to be held within 21 days after the date on which the secretary received the notice. The secretary of the Association shall at least 14 days before the date fixed for holding a General meeting of the Association, cause to be generally made known by a method determined by the Committee, the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(6)        At a general meeting of the Association convened under sub-clause (5) –

(a)        no business other than the question of the appeal shall be transacted;

(b)        the Committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution;

(d)          the member shall be given an opportunity to be heard: and

(d)        the members present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.

(7)        If at the general meeting -

(a)        two-thirds of the members vote in person or by proxy in favour of the confirmation of the resolution, the resolution is confirmed; and

(b)          in any other case, the resolution is revoked.

Annual general meetings

8.         (1)        The Association shall in each calendar year convene an annual general meeting of its members.

(2)        The annual general meeting shall be held on such day as the Committee determines.

(3)        The annual general meeting shall be specified as such in the notice convening it.

(4)        The ordinary business of the annual meeting shall be -

(a)        to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;

(b)        to receive from the Committee reports upon the transactions of the

Association during the last preceding financial year;

(c)        to elect officers of the Association and the ordinary members of the

Committee; and

(d)        to receive and consider the statement submitted by the Association

in accordance with Section 30 (3) of the Act.

(5)        The annual general meeting may transact special business of which notice is given in accordance with these rules.

(6)        The annual general meeting shall be in addition to any other general meetings that may be held in the same year.

Special General Meetings

9.         All general meetings other than the annual general meeting shall be called special general meetings.

10.       (1)        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.

(2)        The Committee shall, on the requisition in writing of members representing not less than five (5) percent of the total number of members, convene a special general meeting of the Association.

(3)        The requisition for a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the secretary and may consist of several documents in a like form, each signed by one or more of the members making the requisition.

(4)        If the Committee does not cause a special general meeting to be held within one month after the date on which the requisition is sent to the address of the secretary, the members making the requisition, or any of them, may convene a special general meeting to be held not later than 3 months after that date.

(5)        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.

General meetings notice

11.       (1)        The secretary of the Association shall, at least 14 days before the date

fixed for holding a general meeting of the Association, cause to be sent to each member of the Association at his/her address appearing in the register of members, a notice by post or electronic mail stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(2)        A member desiring to bring any business before a meeting must notify the secretary prior to the commencement of the meeting to allow such business to be included in the agenda.

Procedure

12.       (1)       All business that is transacted at a special 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 item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.

(3)       Ten percent of 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 same time and (unless another place is specified by the Chairman at the time of the 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 five 5 percent) shall be a quorum.

Chairman

13.       (1)       The President, or in his/her absence, the Vice-President, shall preside as Chairman at each general meeting of the Association.

(2)        If the President and the Vice-President are absent from a general meeting, the members present shall elect one of their number to preside as Chairman at the meeting.

Adjournment

14.       (1)        The Chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

(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) & (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.

Voting

15.       A question arising at a general meeting of the Association shall be determined on show of hands and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the Chairman that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that 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.

16.       (1)       Upon any question arising at a general meeting of the Association, a member has one vote only.

(2)        All votes shall be given personally or by proxy.

(3)        In the case of an equality of voting on a question, the Chairman of the meeting is entitled to exercise a second or casting vote.

17.       (1)        If at a meeting a poll on any question is demanded by not less than five (5) members, it shall be taken at the meeting in such manner as the Chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.

(2)        A poll that is demanded on the election of a Chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairman may direct.

18.       A member is not entitled to vote at any general meeting unless all moneys due and payable by him to the Association have been paid, other than the amount of the annual subscription payable in respect of the current financial year.

Proxies

19.       Each member shall be entitled to appoint another member as his/her proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.

 Committee – Powers

20. (1)        The affairs of the Association shall be managed by a Committee of

Management constituted as provided in Rule 21.

(2)        The Committee;

(a)        shall control and manage the business and affairs of the Association;

(b)        may, subject to these rules, the regulations and the Act, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these rules to be exercised by general meetings of the members of the Association; and

(c)          subject to these rules, the regulation and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Association.

(d)        shall make, amend and delete such By-Laws from time to time as shall be necessary for the good running and management of the Club.

(d)        may at its discretion form Regional Sub-Committees to deal with

any matter they deem necessary.

Constitution

21.       (1)        The officers of the Association shall be -

(a)        a President;

(b)        a Vice-President

(c)        a Secretary and

(d)        a Treasurer.

(2)        The provisions of Rule 23 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned is sub-clause (1).

(3)        Each officer of the Association shall hold office until the annual general meeting two years after the date of his/her 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 his/her appointment.

22.       (1)        Subject to Section 23 of the Act, the Committee shall consist of -

(a)        the officers of the Association; and

(b)        4 ordinary members - half of whom shall be ordinary member elected at the annual general meeting of the Association each year.

(2)        Each ordinary member of the Committee shall, subject to these rules, hold office until the annual general meeting two years after the date of his/her election but is eligible for re-election.

(3)        In the event of a casual vacancy occurring in the office of an ordinary member of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules until the conclusion of the annual general meeting next following the date of his/her appointment.

 Election of Committee members

23.       (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.

(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 ballot for the election of officers and ordinary members of the Committee shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.

 (6)        A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for another office for election at the same election.

Grounds for Termination of office

24.       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)          ceases to be a member of the Association;

 (b)        becomes an insolvent under administration within the meaning of the

Companies (Victoria) Code; and

(b)          resigns his/her office by notice in writing given to the secretary.

Quorum and procedure at meetings

 25.       (1)        The Committee shall meet at least four (4) times in each year at such place and such times as the Committee may determine.

 (2)        Special meetings of the Committee may be convened by the President or by any five of the 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 a meeting.

 (4)        Any five (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 the same hour of the day in the following week unless the meeting was a special meeting in which case it lapses.

 (6)        At meetings of the Committee -

(a)        a President or in his 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 (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 delivering it to him/her at a reasonable time before the meeting or by sending it by pre-paid post addressed to him/her at his/her usual or last known place of abode at least two business days before the date of the meeting.

 (10)      Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the Committee.

Minutes

 26.       The secretary of the Association shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting, electronically or in books provided for that purpose together with a record of the names and persons present at committee meetings.

Treasurer

 27.       (1)       The Treasurer of the Association -

(a)        shall collect and receive all moneys due to the Association and make payments authorized by the Association; and

 (b)        shall keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.

 (2)        The accounts and books referred to in sub-clause (1) shall be available for inspection by members.

  

Removal of Committee members

 28.       (1)        The Association in general meeting may by resolution remove any member of the Committee before the expiration of his/her term of office and appoint another member in his/her stead to hold office until 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 representation 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.

 (3)        Any member of the Committee who is absent from two consecutive Committee meetings without leave or reasonable excuse shall vacate his position on the Committee.

Signing of negotiable instruments

 29.       All cheques, drafts, bill of exchange, promissory notes and other negotiable instruments shall be signed by two members of the Committee.

Common Seal

 30.       (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 signature either of two members of the Committee or of one member of the Committee and the Public Officer of the Association.

Alterations of Statement of Purpose and Rules

 31.       These rules and the statement of purposes of the Association shall not be altered except in accordance with the Act.

 31        (1)        The provisions for trading and for winding up, contained in the rules, shall                           not be altered without the consent of the Minister.

Service of Notice

 32.       (1)        A notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at his address shown in the Register of Members.

 (2)        Where a document is properly addressed 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 the letter would have been delivered in the ordinary course of post.

Winding up

 33.       In the event of the winding up or the cancellation of the incorporation of the

Association, the assets of the Association shall be not be disposed of except for a charitable purpose.

Custody of books and other documents

 34.       Except as otherwise provided in these rules, the secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Association.

Sources of Funds

 35.       The funds of the Association shall be derived from, annual subscriptions, donations and such other sources as the Committee determines and income derived from other business conducted.