Constitution of Peel Pool Association
The name of the Association is ‘Peel Pool Association (Inc)’
2.1 To promote and carry on the sport of eight ball.
2.2 To carry on any sport related to the game of eight ball.
3.1 To carry on any sport in conjunction with the objects of the Association to benefit the Association.
3.2 To affiliate with any Association that is engaged in any sport that may benefit this Association.
3.3 To remunerate any Association, person or corporation for services rendered, or to be rendered, in or about the organisation, formation or promotion of the Association or in the conduct of it’s business.
3.4 To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association.
4.1 The Association shall consist of persons, clubs and teams engaged in playing, promoting or supporting the Association.
4.2 The Association shall consist of the following classes of Members – (a) Ordinary Members (b) Club and Team Members (c) Honorary Members (d) Life Members
4.3 With the exception of Life Members and Honorary Members all applications for membership shall be in writing upon the Association’s standard form.
4.4 The application fee must be lodged with the application for membership. All monies are to be refunded where the Committee decline to admit any applicant for membership.
4.5 The Committee may decline to admit any person, club or team as a member.
4.6 The Committee may fine, suspend or expel any member of the Association without assigning any reason but a member so expelled pursuant to this regulation may appeal to a Committee meeting to have the expulsion or suspension set aside.
4.7 Life Members and Honorary Members shall be elected by the members in a general meeting. Nominations for Life Membership or Honorary Membership must first be approved by the Committee at a Committee meeting.
5.1 Ordinary Member is any team member or social member.
5.2 Club and Team Members mean any club or team affiliated with the Association.
5.3 Honorary Member is an ordinary member who has served on or assisted the Committee for not less than 4 years and/or has represented the Association not less than 6 times at Country Week competitions holding the position of Captain or Selector not less than 4 times and has been a member of this Association for at least 10 years.
5.4 Life Member is any ordinary member or honorary member that has served on Committee for not less than 7 years and has held an executive position for at least 4 of those 7 years and has been a member of the Association for not less than 12 years.
5.5 The Association may not appoint any more than 1 Life Member and/or 2 Honorary Members per annum.
5.6 Honorary Members will be entitled to full membership privileges but must pay playing fees and shall receive complimentary entry to any social event organised by the Association.
5.7 Life Members will be entitled to full membership privileges and are exempt from playing fees and shall receive complimentary entry to any social event organised by the Association for themselves and their partner.
6.1 The membership of any member shall cease upon the following – (a) A member must cease to be a member when his/her subscription and fines are more than 6 months in arrears. (b) The resignation of such member tendered and accepted by the Committee. (c) The death of such member. (d) The expulsion from membership of such member by a resolution of the Committee passed at a Committee meeting.
6.2 Not withstanding the termination of membership pursuant to regulation 6.1 all dues, fees and fines in arrears at the date of determination remain the liability of the member until paid.
7.1 Membership fees, fines and other charges shall be set at the A.G.M each year.
7.2 One third of annual membership fees shall be paid on nomination of team. Balance of fees to be paid no later than the end of the of the first playing round.
7.3 Any team that has a Life Member as a registered player shall receive a 10% rebate on team affiliation fees for each Life Member.
7.4 All fines and other charges shall be paid to the Association within 1 calender month of them becoming due and/or prior to any finals or open championships.
8.1 ANNUAL GENERAL MEETING (a) Annual General Meeting shall be held within four (4) months of the end of the Financial Year. The Financial Year for the Associatrion will run from the 1st of November and end on the 31st of October the following year. During the Annual General Meeting the following business shall be considered – (i) Previous A.G.M. minutes and matters arising from these minutes (ii) Finance Report and Projected Budget. (iii) Election and Remuneration of Committee. (iv) Election of Trustee Custodian. (v) Setting of fees, fines and other charges. (vi) Appointment of Life and Honorary Members. (vii) Notices of Motion. (viii) Resolutions to rescind and amend Constitution or Bylaws. (b) Notice of A.G.M. to be given in writing to members no later than 21 days prior to meeting. Notice of A.G.M. shall also be advertised in local newspaper not less than 1 week prior to meeting. (c) Any member wishing to lodge a Notice of Motion shall have the notice in writing in the hands of the Secretary of the Association not less than 7 days prior to the A.G.M.
8.2 SPECIAL GENERAL MEETING (a) Special General Meeting may be called by – (i) Notice in writing to the Secretary of the Association signed by not less than 3 affiliated teams. (ii) By a resolution of the Committee at a Committee Meeting. (b) Notice of Special General Meeting to be given in writing to members not less than 21 days prior to the meeting stating specific nature of business to be resolved. 8.3 COMMITTEE MEETINGS (a) A Committee Meeting shall be held each month from January to October each year to examine the accounts and arrange the affairs of the Association and on other occasions as deemed necessary. (b) Notice of Committee Meetings shall be given in writing to all Committee Members not less than 7 days prior to meeting.
8.4 DELEGATE MEETINGS (a) Delegate meetings to be held not less than 3 times during the playing season each year to carry out the following business – (i) Minutes and matters arising from previous delegate meetings. (ii) Finance Report. (iii) Competition Reports. (iv) Functions and fund raising. (v) General Business. (b) Dates for these delegate meetings will be advised in the fixtures. (c) Extra delegate meetings can be called by the Committee by giving written notice 14 days prior to the nominated team delegates stating the business to be resolved. (d) At delegate meetings each team is to be represented by not less than 1 team member. (e) Non compliance with regulation (d) will incur a fine (refer to Bylaws).
9.1 A constituted meeting shall require a quorum of members present or by proxy. This quorum shall consist of – (a) A.G.M. and Special Meetings not less than 15 members. (b) Committee meeting not less than 4 of 7 members. (c) Delegate meeting not less than 3 Committee and half of all registered teams. 9.2 In the event of a quorum not being in attendance within 20 minutes of the meeting time the meeting stands adjourned to such day, time and place as determined by the Committee.
9.3 All resolutions shall be passed by way of a majority show of hands. In the event of a tied vote the chairman of that meeting shall have the deciding vote. 9.4 At a Delegate meeting each team has only one deliberative vote. 9.5 Any Ordinary or Team Member being unfinancial is not entitled to vote. Non Members are not entitled to vote or to voice an opinion.
10.1 The Committee shall be elected at an A.G.M. and shall consist of – (a) President (b) Vice President (c) Secretary (d) Treasurer (Secretary and Treasurer positions can be held by the same person) (e) Maximum 4 committee persons 10.2 A casual vacancy occurs in the office of a Committee Member and that office becomes vacant if a Committee Member – (a) Dies (b) Resigns by notice in writing delivered to the President or, if the Committee person is the President, delivered to the Vice President. (c) Is convicted of an offence under the Incorporation’s Act. (d) Is permanently incapacitated by mental or physical ill-health. (e) Is absent from three (3) consecutive meetings without tendering a satisfactory explanation to the Committee.
10.3 When a casual vacancy occurs the Committee may appoint a member to fill that vacancy and that member will hold office until the next Annual General Meeting.
10.4 Two people either Defacto or Married may serve on the Executive Committee at the same time, providing that only one, never both, may have signature on Association accounts.
10.5 No more than 2 members to be on the Executive Committee at the same time.
11.1 The President shall preside at all constituted meetings of the Association and shall carry out the decision of the meetings in accordance with the Constitution and Bylaws of the Association. The President shall also be charged with the good running of the Association and generally further the well being and objects of the Association.
11.2 The Vice President shall assist the President to carry out the President’s duties and responsibilities and whenever the President is unable to act by reason of illness or absence the Vice President shall exercise all the powers of the office of President.
11.3 The Secretary shall attend all meetings of the Association and record minutes and resolutions of same in the Minute Book. The Secretary shall conduct all correspondence and attend to such business as directed by the Committee. The Secretary is empowered to receive monies on behalf of the Association and shall account for all monies to the Treasurer. The Secretary shall compile all reports for submission to the meetings. In the event that a registrar is not appointed with the Committee, the Secretary shall compile all match and players results and shall keep a register of Members showing names and addresses. The Secretary will keep dates of payment of subscriptions and a register of all meeting attendances and proxies.
11.4 The Treasurer shall receive and take charge of all monies belonging to the Association and within five (5) banking days deposit same in the Association’s account. The treasurer shall enter in the books a detailed account of all monies received from all sources with date of receipt and a detailed account of all expenditure and shall be responsible for the safe custody of the bank books, accounts, receipt books for income and receipts for expenditure. The Treasurer shall produce all records of the financial transactions of the Association, given not less than seven (7) days written notice from the Committee. The Treasurer shall prepare annually a detailed report of income and expenditure along with all assets and liabilities for the Associations Financial Year. This is to be presented at the Annual General Meeting.
11.5 The Committee Persons shall be responsible for the matters of their specific activity of either administration or social, or such, as designated by the Committee and they shall ensure the proper functioning of and handle business pertaining to their particular area of responsibility.
11.6 All office bearers shall be prepared to assist in carrying out the work authorised by the whole Committee for the benefit of the Association. They shall help to uphold the discipline and good conduct of all Association members and shall represent them in placing before the Committee all matters pertaining to their interest.
11.7 An Executive Committee consisting of the President, Vice President, Secretary and Treasurer shall have the power to deal with all urgent matters arising from time to time and shall report their actions to the next Committee meeting. 11.8 The Committee may, from time to time, appoint such members or Sub Committees as the Committee deem necessary or expedient and may delegate or refer to them such of the powers of the Committee as the Committee determines. Such members or Sub Committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with the directions of the Committee.
11.9 The Custodian shall be responsible for all Association pennants, trophies and awards.
12.1 The funds of the Association shall be under the absolute control of the Committee and shall be deposited in the Association’s bank account. All cheques drawn on the Association’s bank account shall be signed by any two of the President, Vice President, Secretary and Treasurer and then only after payment of the accounts have been authorised by the Committee and recorded in the minute book.
12.2 Every office bearer of the Association shall be indemnified out of the funds of the Association against any loss, damage, cost or expense incurred by the office bearer in or about the discharge of the office bearers duties except such as incurred by the office bearers own willful act, neglect or default.
13.1 The property and income of the Association shall be applied solely towards the promotion of the objects of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly to members, except in good faith in the promotion of those objects.
13.2 The property of the Association both real and personal and subject to the liabilities of the Association, shall belong to the members and shall be vested in the Committee. On cessation of membership, the interest of a member shall become void. All property , so far as possible or practical, must be in the name of the Association.
13.3 No member shall, by reason of his membership, have any transmissible or assignable interest in the property of the Association. Any member acquiring property of the Association without the consent of a seventy five percent (75%) majority of the Committee will be severely dealt with at the next meeting of the Association.
13.4 Any member causing loss or damage to Association property or equipment through failure to comply with the Association rules or the directions of the Committee shall be fully liable therefore.
The common seal of the Association shall be kept in the custody of the Secretary. Such seal shall not be affixed to any deed, instrument or document except by order of the Committee, such order to be entered in the minute book and when so affixed shall be accompanied by the signatures of the President and Secretary.
The Committee shall have the power to determine any matter which this Constitution and Bylaws does not provide for, but the Committee shall not take any action under this rule which is opposed to the Constitution and Bylaws. In the event of any difference of opinion arising as to the interpretation of any portion of this Constitution and Bylaws, the Committee shall have the power to pronounce the decision. Such decision shall be recorded in the minute book and shall be accepted as the true meaning of the Constitution and Bylaws until otherwise interpreted at a General Meeting.
No alterations, additions, amendments, deletions, subtractions or new matters shall be made or introduced into this Constitution except by way of a resolution passed by at least seventy five percent (75%) majority of financial members present at a General Meeting or Annual General Meeting of the Association. Within 1 calendar month after the making of any amendment or alteration to the Constitution and Rules of the Association, the Committee shall send or deliver to the Commissioner of Fair Trading a copy of the alteration.
This Association shall not dissolve without the consent of at least seventy five percent (75%) of the financial members of the Association at a Special General Meeting of the Association called for that particular purpose, notice of which shall be given to all members, in writing, at least twenty eight (28) days prior thereto, and to be advertised in a local newspaper at least once in each three (3) consecutive weeks immediately preceding such meeting. If upon winding up or dissolution of the Association there remains after satisfaction of all its debtors and liabilities any property whatsoever, the same must not be paid to or distributed among the members or former members. (1) The surplus property must be given or transferred to another Association incorporated under the Act which has similar objects and which is not carried out for the purposes of profit or gain to its individual members, and which Association shall be determined by resolution of the members or (2) For charitable purposes.
A member may at any reasonable time inspect without charge, the books, documents, records and securities of the Association.
All members taking part in the activities of the Association do so at their own risk and shall indemnify the Executive Committee and all other members of the Association against any claims whatsoever that they may lodge, or may be lodged on their behalf.