RULES OF THE FRANKSTON PENINSULA CRICKET CLUB Inc.
(Revised July 2011)
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Clause
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1
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Name
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2
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Definitions
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3
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Membership
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4
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Entrance Fee and Annual Subscriptions
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5
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Register of Members
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6
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Resignation of Members
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7
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Discipline of Members
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8
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Annual General Meeting
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9 & 10
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Special General Meeting
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11
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Convening of Special Meetings
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12 to 19
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Procedure of General Meetings – Procedures at Meetings
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20 & 21
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Board of Management
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22
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Election of Board
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23
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Vacancy of Board Member
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24
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Procedure of Board
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25
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Duties of Secretary
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26
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Duties of Treasurer
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27
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Removal of Board Members
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28
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Termination of Board appointments on absence from 3 consecutive Meetings
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29
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Cheques
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30
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Common Seal
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31
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Alteration of Rules and Statement of Purposes
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32
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Service of Notices
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33
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Disposal of Assets
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34
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Custody of Books
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35
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Source of Funds
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36
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By-Laws
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37
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Grievance Procedures
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38 to 45
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General
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46
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Patrons
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APPENDIX 1
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Application for Membership
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APPENDIX 2
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Form of Appointment of Proxy
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1. The name of the Association is Frankston Peninsula Cricket Club Incorporated (in
these Rules called “The Association”).
INTERPRETATION
2 (a) In these Rules, unless the contrary intention appears “Board” means the
Board of Management of the Association.
“Financial Year” means the year ending 30th April.
“General Meeting” means a general meeting of members convened in accordance
with Rule 11.
“Member” means a member of the Association including a Life Member, regardless
of category of membership other than a “Junior Member” under the age of eighteen
years unless specifically referred to or included.
“The Regulations” means the regulations under the Act.
2 (b) In these Rules, a reference to the Secretary of an Association is a reference :
(i) where a person holds office under these Rules as Secretary of the Association – to that person; and
(ii) in any other case, to the Public Officer of the Association.
2 (c) Words or expressions contained in these Rules shall be interpreted in accordance
with the provisions of the Acts Interpretation Act 1958 and the Acts in force from
time to time and words importing the masculine gender the female gender vice versa.
MEMBERSHIP
3 (a) A natural person who is nominated and approved for membership as provided in
these Rules is eligible to be a member of the Association or if under the age of
eighteen years a junior member of the Association on payment of the entrance fee
and annual subscription payable under these Rules.
3 (b) A person who is not a member or junior member of the Association at the time of the
incorporation of the Association (or who was such a member or junior member at
that time but has ceased to be a member or junior member) shall not be admitted to
membership or junior membership:
(i) unless he is nominated as provided in sub-clause (c); and
(ii) his admission as a member or junior member is approved by the Board.
3 (c) A nomination of a person for membership or junior membership of the Association:
(i) shall be made in writing in the form set out in Appendix 1; and
(ii) shall be lodged with the Secretary of the Association; and
(iii) the names and addresses of those persons proposed as members or junior members of the Association shall be displayed in a conspicuous place in the Association premises for at least one week before their election and an interval of at least two weeks shall elapse between nomination and election.
3 (d) As soon as is practicable after such requirements have been compiled with the
Secretary shall refer the nomination to the Board.
3 (e) Upon a nomination being referred to the Board, the Board shall determine
whether to approve or reject the nomination and a record shall be kept of the number
of Board members voting.
3 (f) Upon a nomination being referred to the Board, the Secretary shall with as little
delay as possible, notify the nominee in writing that he is approved for membership
of the Association and request payment within the period of twenty-eight days after
receipt of notification of the sum payable under these Rules as the entrance fee and
the first year’s annual subscription.
3 (g) The Secretary shall, upon payment of the amounts referred to in sub-clause (f) within
the period referred to in that sub-clause, enter the nominee’s name in the register of
members kept by him and, upon the name being so entered the nominee becomes a
member of the Association.
3 (h) A right, privilege, or obligation of a person by reason of his membership of the Association:
(i) is not capable of being transferred or transmitted to another person;
(ii) terminates upon the cessation of his membership whether by death or resignation or otherwise.
3 (i) The Board may from time to time create various categories of membership and
may from time to time determine the fees payable with respect to each category
created. Such category as created may also include Life Members and in the event
that the Board wish to nominate a Life Member, they may do so.
Any life member so nominated by the Board shall become a life member only if the
nomination is ratified by resolution at the next following Annual General Meeting. All life members of the Association formerly known as the Frankston Cricket Club Incorporated shall be life members of this Association.
ENTRANCE FEE AND ANNUAL SUBSCRIPTION
4 The entrance fee and annual subscription (and the date for payment thereof) shall be
determined from time to time by the Board.
REGISTER OF MEMBERS
5 The Secretary shall keep and maintain a register of members and junior members in
which shall be entered the full-name, address and date of entry of the name of each
member and junior member and the register shall be available for inspection by
members and junior members at the address of the Public Officer.
RESIGNATION OF MEMBERS
6(a) A member or junior member of the Association who has paid all monies due and
payable by him to the Association may resign from the Association 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 or junior member shall cease to be a
member or junior member .
6(b) Upon the expiration of a notice given under sub-clause (a) the Secretary shall make in
the register of members and junior members an entry recording the date on which the
member or junior member by whom the notice was given, ceased to be a member or
junior member.
DISCIPLINE OF MEMBER
7(a) Subject to these Rules, the Board may by resolution:
(i) expel a member or junior member of the Association;
(ii) suspend a member or junior member from membership of the Association for
a specified period; or
(iii) fine a member or junior member in accordance with the Regulations, if the
Board is of the opinion that the member or junior member:
(A) has refused or neglected to comply with these Rules; or
(B) has been guilty of conduct unbecoming a member or junior member
or prejudicial to the interests of the Association; or
7(b) A resolution of the Board under sub-clause (a):
(i) does not take effect unless the Board, at a meeting held not earlier than
14 and not later than 28 days after the service on the member or junior
member of a notice under sub-clause (c) confirms the resolution in
accordance with this clause; and
(ii) where the member or junior 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.
7(c) Where the Board passes a resolution under sub-clause (a) the Secretary shall, as
soon as practicable, cause to be served on the member or junior member a notice in
writing:
(i) setting out the resolution of the Board and the grounds on which it is
based;
(ii) stating that the member or junior member may address the Board at a
meeting to be held not earlier than 14 and not later than 28 days after the
service of the notice;
(iii) stating the date, place and time of the meeting;
(iv) informing the member or junior member he may do one or more of the
following:
(A) attend that meeting;
(B) give to the Board before the date of that meeting a written
statement seeking the revocation of the resolution;
(C) not later than 24 hours before the date of the meeting lodge with the
Secretary, a notice to the effect that he wishes to appeal to the
Association in general meeting against the resolution.
7(d) At a meeting of the Board held in accordance with sub-clause (b) the Board:
(i) shall give to the member or junior member an opportunity to be heard;
(ii) shall give due consideration to any written statement submitted by the
member or junior member; and
(iii) shall by resolution determine whether to confirm or to revoke the resolution.
7(e) Where the Secretary receives a notice under sub-clause (c) he shall notify the
Board and the Board shall convene a General Meeting of the Association to
be held within 21 days after the date on which the Secretary received the notice.
7(f) At a General Meeting of the Association convened under sub-clause (e):
(i) no business other than the question of the appeal shall be transacted;
(ii) the Board may place before the meeting details of the grounds for the
resolution and the reasons for the passing of the resolution;
(iii) the member or junior member shall be given an opportunity to be heard; and
(iv) the members present shall vote by secret ballot on the question of whether
the resolution shall be confirmed or revoked.
7(g) If at the General Meeting:
(i) two-thirds of the members or junior members vote in person or by proxy of
the confirmation of the resolution, the resolution is confirmed; and
(ii) in any other case, the resolution is revoked.
ANNUAL GENERAL MEETING
8(a) The Association shall in each calendar year convene an Annual General Meeting of
its members and junior members
8(b) The Annual General Meeting shall be held on such day and at such time as the
Board determines.
8(c) The Annual General Meeting shall be specified as such in the notice convening it.
8(d) The ordinary business of the Annual General Meeting shall be:
(i) to confirm the minutes of the preceding Annual General Meeting held since
that meeting;
(ii) to receive from the Board reports upon the transactions of the
Association during the last preceding financial year;
(iii) to elect officers of the Association; and
(iv) to receive and consider the statement submitted by the Association in
accordance with Section 30(3) of the Act.
8(e) The Annual General Meeting may transact special business of which notice is given in
accordance with these Rules.
8(f) The Annual General Meeting shall be in addition to any other General Meetings that may be
held in the same year.
SPECIAL GENERAL MEETING
9 All General Meetings other than the Annual General Meeting shall be called Special General
Meetings.
10(a) The Board may, whenever it thinks fit, convene a Special General Meeting of the
Association.
10(b) The Board shall, on the requisition in writing of not less than 20 members, convene a
Special General Meeting of the Association.
10(c) The requisition for a Special General Meeting shall state the object 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.
10(d) If the Board 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 three months after that date.
10(e) A Special General Meeting convened by members in pursuance with these Rules shall be
convened in the same manner as nearly as possible as that in which those meetings are
convened by the Board 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
11(a) 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 at his
address appearing in the register of members, a notice by pre-paid post stating the place, date
and time of the meeting and the nature of the business to be transacted at the meeting.
11(b) No business other than that set out in the notice convening the meeting shall be transacted at
the meeting.
11(c) A member desiring to bring any business before a meeting may give notice 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 OF GENERAL MEETING – PROCEDURES AT MEETINGS
12(a) 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 specifically referred to in these Rules
as being the ordinary business of the Annual General Meeting shall be deemed to be special
business.
12(b) 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.
12(c) 15 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.
12(d) If within a half 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
one half hour after the time appointed for the commencement of the meeting, the members
present (being not less than 15) shall be a quorum.
13(a) The President, or in his absence one of the Vice Presidents shall preside as Chairman at each
General Meeting of the Association.
13(b) If the President or one of the Vice Presidents are absent from the General Meeting, the
members present shall elect one of their number to preside as Chairman at the meeting.
14(a) The Chairman of a General Meeting at which a quorum is present may, with the consent of the
meeting, adjourn that meeting from time to time and place to place, but no business shall be
transacted at an adjournment other than the business left unfinished at the meeting at which the adjournment took place.
14(b) Where a meeting is adjourned for 14 days or more, a like notice of the adjournment meeting
shall be given as is the case of the General Meeting.
14(c) Except as provided in sub-clause (a) and (b), it is not necessary to give notice of an
adjournment or of the business to be transacted at an adjourned meeting.
15 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 on the show of hands a poll is demanded, a
declaration by the Chairman that a resolution has, on a show of hands, been carried by a
particular majority or lost, 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(a) Upon any question at a General Meeting of the Association a member has one vote only.
16(b) All votes shall be given personally or by proxy.
16(c) In the case of the equality of voting on a question, the Chairman of the meeting is entitled to
exercise a second or casting vote.
17(a) If at a meeting a poll on any question is demanded by not less than 10 members, it shall be
taken at that meeting in such a manner as the Chairman may direct and the resolution of the
poll may be deemed to be a resolution of the meeting on that question.
17(b) A poll that is demanded on the election of the Chairman or on a question of an adjournment
shall be taken forthwith and a poll that is demanded on any 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 monies due and payable by
him to the Association have been paid. A junior member is not entitled to vote at any Special
or General Meeting.
19(a) Each member shall be entitled to appoint another member as his 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.
19(b) The notice appointing the proxy shall be in the form set out in Appendix 2.
BOARD OF MANAGEMENT
20(a) The affairs of the Association shall be managed by a Board of Management (“the
Board”) constituted as provided in Rule 21. Subject to Section 23 of the Act, the
Board shall consist of Officers of the Association each of whom shall be elected at the
Annual General Meeting of the Association in each year save those persons who shall hold
office by virtue of the office held by them in the MORNINGTON PENINSULA CRICKET
ASSOCIATION INCORPORATED or who shall be nominated to such office by the Board of
the MORNINGTON PENINSULA CRICKET ASSOCIATION INCORPORATED in
accordance with Rule 21(a) hereof.
20(b) The Board:
(i) shall control and manage the business and affairs of the Association.
(ii) 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 the General Meetings of
the members of the Association, and
(iii) subject to these Rules, the regulations and the Act, has power to perform all such acts
and things that appear to the Board to be essential for the proper management of
the business and affairs of the Association.
21(a) The officers of the Association shall be:
(i) President;
(ii) Two Vice Presidents;
(iii) Secretary;
(iv) Treasurer;
(v) Six other members all of whom are without portfolio;
(vi) the other Member to be nominated by the Board of the MORNINGTON
PENINSULA CRICKET ASSOCIATION INCORPORATED.
With the office bearer for each position to be elected by the Board at its first meeting after the Annual General Meeting from those persons elected to the Board at the Annual General Meeting.
21(b) The provisions of Rule 22 so far as they are applicable and with the necessary modification,
apply to and are in relation to the election of persons to any of the officers mentioned in sub-
clause (a).
21(c) Each officer of the Association shall hold office until the Annual General Meeting next after the
date of his election but is eligible for re-election.
21(d) In the event of a casual vacancy in any office referred to in sub-clause (a) or in the event
insufficient members are elected to the Board at the Annual General Meeting to cover all
Offices the Board may appoint any member of the Association 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 appointment.
ELECTION OF BOARD
22(a) Officers of the Association elected at an Annual General Meeting shall not be allotted
offices or Portfolios by the Annual General Meeting but shall be elected such positions by
members of the Board at their first meeting after the Annual General Meeting and in
accordance with Clause 21 (a) hereof.
22(b) Nominations of candidates for election as officers of the Association shall be in writing, signed
by two members of the Association and accompanied by the written consent of the candidate
and shall be delivered to the Secretary not less than 7 days prior to the Annual General
Meeting.
22(c) If insufficient nominations are received to fill all vacancies on the Board, the candidates
nominated shall be deemed to be elected and further nominations shall be received at the
Annual General Meeting.
22(d) 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.
22(e) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be
held.
22(f) The ballot for the election of officers shall be conducted at the Annual General Meeting in such
usual and proper manner as the Board may direct.
22(g) Notwithstanding the provisions of sub-clause (c), the only persons eligible to vote in the
election of officers of the Association shall be those members eligible to vote at a General
Meeting of the Association pursuant to the provisions of Rule 18.
VACANCY OF BOARD MEMBERSHIP
23 For the purpose of these Rules, the office of an Officer of the Association becomes vacant if the
officer or member:
(i) ceases to be a member of the Association;
(ii) becomes insolvent or under administration within the meaning of the Australian
Corporations Law; or
(iii) resigns his office in writing to the Secretary.
PROCEDURE OF BOARD
24(a) The Board shall meet at least three times in each year at such place and such times as the
Board may determine.
24(b) Special Meetings of the Board may be convened by the Secretary or President or by any 4
members of the Board.
24(c) Notice shall be given to members of the Board of any Special Meeting specifying the
general nature of the business to be transacted.
24(d) Any 6 members of the Board constitute a quorum for the transaction of the business of a
meeting of the Board.
24(e) 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.
24(f) At meetings of the Board:
(i) The President or in his absence a Vice President shall preside; or
(ii) if the President or both of the Vice Presidents are absent, such one of the remaining
members of the Board as may be chosen by the members present shall preside.
24(g) Questions arising at a meeting of the Board or of any sub-Committee appointed by the
Board 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.
24(h) Each member present at a meeting of the Board or of any sub- Committee appointed by the
Board (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 ezercise a second or
casting vote.
24(i) Written notice of each Board meeting shall be served on each member of the Board
by delivering it to him at a reasonable time before the meeting or by sending it by pre-paid
post addressed to him at his usual or last known place of abode at least two business days
before the date of the meeting.
24(j) Subject to sub-clause (d) the Board may act notwithstanding any vacancy on the Board.
DUTIES OF THE SECRETARY
25 The Secretary of the Association shall keep the Minutes of the Resolutions and proceedings of each General Meeting and each Board meeting in books provided for that purpose together with a record of the names of persons present at Board meetings.
The Secretary of the Association may delegate all such tasks and any other task referred to in these Rules to a General Manager in the event one is appointed by the Association. The General Manager may be a member of the Board of Management and may also hold an Office Bearers position subject to his or her election in accordance with clauses 21(a) and 22 (a) hereof.
DUTIES OF THE TREASURER
26(a) The Treasurer of the Association:
(i) shall collect and receive all monies due to the Association and make all payments
authorised by the Association; and
(ii) shall keep correct account and books showing the financial affairs of the Association
with full details of all receipts and expenditures connected with the activities of the
Association.
26(b) The accounts and books referred to in sub-clause (a) shall be available for inspection by
members.
REMOVAL OF BOARD MEMBERS
27(a) The Association in a General Meeting may by resolution remove any member of the
Board before the expiration of the term of his office and appoint another member in his
stead to hold office until the expiration of the term of the first mentioned member.
27(b) Where the member to whom a proposed resolution referred to in sub-clause (a) 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 President may send a copy of the representations to each member of the
Association or, if they are not sent, the member may require that they be read out at the
meeting.
TERMINATION OF BOARD APPOINTMENT ON ABSENCE FROM THREE BOARD MEETINGS
28 Any members of the Board who fails to attend three consecutive Board Meetings
without leave of absence being granted by the Board, shall cease to be a member of the
Board.
CHEQUES ETC.
29 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall
be signed by two of the following persons:
(a) the President;
(b) the Secretary;
(c) the Treasurer.
COMMON SEAL
30(a) The Common Seal of the Association shall be kept in the custody of the Secretary.
30(b) The Common Seal shall not be affixed to any instrument except by the authority of the
Board and the affixing of the Common Seal shall be attested by the signature either of two
members of the Board or one member of the Board and the Public Officer of the
Association.
ALTERATION OF RULES AND STATEMENT OF PURPOSES
31 These Rules and the Statement of Purposes of the Association shall not be altered except in
accordance with the Act and while so long as the Association is licensed under the Liquor
Control Reform Act 1998 the Secretary shall within 14 days after the making of any
amendment or alteration in the Rules of the Association forward to the Director of Liquor
Licensing a certified copy of such alteration or amendment provided that no such alteration or
amendment shall take effect until the expiration of 28 day after the day upon which the
certified copy of the amendment or alteration is given to the Director of Liquor Licensing .
SERVICE OF NOTICES
32(a) Notice may be served by or on behalf of the Association upon any member or junior member
either personally or by sending it by post to the member or junior member at his address
shown in the register of members
32(b) Where a problem 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.
DISPOSAL OF ASSETS
33 In the event of the winding up of the Incorporation of the Association the assets of the
Association remaining after satisfaction of the Association’s debts and liabilities and the costs,
charges and expenses of the winding up shall not be divided amongst the members of the
Association but shall be transferred and distributed to another incorporated Association
having similar objects to the Association and prohibiting or restricting the distribution of its
assets amongst its members to an extent at least as great as that imposed on the Association by
virtue of those Rules.
CUSTODY OF BOOKS
34 Except as otherwise provided in these Rules, the Secretary shall keep in his custody or under
his control, all books, documents and securities of the Association.
SOURCE OF FUNDS
35 The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the Board determines.
BY-LAWS
36 For the better running of the Association a majority of members at any General Meeting duly
constituted may make By-Laws as are necessary provided due notice thereof has been given as
for special business.
37 GRIEVANCE PROCEDURES
(1) The grievance produced 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 14 days after the dispute comes to the attention of all of 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 10 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
Board 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.
GENERAL
38 The income and property of the Association whencesoever derived shall be applied solely
towards the promotion of the objects of the Association as set forth and no part thereof shall be
paid or transferred directly or indirectly by way of divided bonus gratuity or otherwise
howsoever by way of profit to the members or junior members of the Association. Provided
that nothing herein contained shall prevent the payment in good faith or remuneration to any
officer or servant of the Association or to any member or junior member of the Association or
other person for goods supplied in the ordinary or usual way of business nor prevent the
payment of interest on money borrowed from or lawfully due to any member or junior
member of the Association or the payment to any member for reasonable and proper rent for
premises demised or let by that member or junior member of the Association. Further
provided that no person shall receive a greater profit benefit or advantage from the Association
than that received by every member or junior member of the Association other than a
remuneration or honorarium approved by the Director of Liquor Licensing for the work
done by the Secretary, Treasurer or other officer of the Association for salaries or wages paid to
employees.
39 No payment or part payment to any Secretary, Manager or other officer or servant of the
Association shall be made by way of commission or allowance from or upon the receipt of the
Association for the supply of liquor.
40 No liquor shall be sold or supplied to any person except on the days and during the hours and
in the manner prescribed by the provisions of the Liquor Control Reform Act 1998 or any
amendment thereof or under any rules or regulations named pursuant to such Act or
amendment thereof or substitution thereof.
41 No liquor shall be sold or supplied to any person under the age of 18 years except where any
such person is accompanied by a spouse or parent or guardian and the liquor sold is supplied
for consumption as part of a meal supplied on the Association’s premises.
42 No liquor shall be sold or supplied for consumption elsewhere than on the Association’s
premises unless the same is supplied during the hours in which liquor may be supplied for
consumption on the Association’s premises and unless the liquor is removed from the
Association’s premises by the member purchasing the same.
43 Liquor shall not be supplied to a visitor within the Association’s premises except in the
presence of a member introducing such visitor and a member shall not introduce more than
three visitors to the Club on any one day during the period within which liquor may be
supplied in accordance with the Liquor Control Reform Act 1998. A visitor book shall be kept
and the names of visitors entered therein and the signature of the member at whose invitation
the visitor is present in the Association’s premises shall be signed opposite the name of the
visitor in that book.
44 No person shall be allowed to become an honorary or temporary member of the Association or
be relieved of the payment of the regular annual subscription.
45 Neither an accidental omission to give Notice of any kind required or permitted under these
Rules, whether in relation to a General Meeting, a meeting of the Board or otherwise, nor
the non-receipt of any Notice invalidates a resolution or other proceedings.
PATRONS
46 The Board may appoint any person or organisation as a patron of the Association.
APPENDIX 1
Application for Membership of Frankston Peninsula Cricket Club Incorporated
I, ………………………………………………………………………………. (full name of the applicant)
of …………………………………………………………………………………………… (address)
desire to become a member of the Frankston Peninsula Cricket Club Incorporated.
In the event of my admission as a member, I agree to be bound by the Rules of the Association for the time being in force.
…………………………………………….. (signature)
……………………….. (Date)
I, ……………………………………………………………. A member of the Association, nominate the Applicant, who is personally known to me, for membership of the Association.
…………………………………………….. (signature)
……………………….. (Date)
I, ……………………………………………………………. A member of the Association, second the nomination of the Applicant, who is personally known to me, for membership of the Association.
…………………………………………….. (signature)
……………………….. (Date)
FORMS OF APPOINTMENT BY PROXY
I, …………………………………………………………………………………. (full name of the applicant)
of …………………………………………………………………………………………… (address)
being a member of the Frankston Peninsula Cricket Club Incorporated hereby appoint
…………………………………………………….. of ………………………………………………………….
………………………………………….. being a member of that incorporated Association, as my proxy to vote for me on my behalf at the General Meeting of the Association (Annual General Meeting or Special General Meeting, as the case may be) to be held on the ………day of ………………………… 2……
and at any adjournment of that meeting.
My proxy is authorised to vote in favour of / against (delete as appropriate) the resolution:
(insert details)
…………………………………………….. (signature)
……………………….. (Date)
FRANKSTON PENINSULA CRICKET CLUB – STATEMENT OF PURPOSES
The purposes of the Association are –
1 To foster and promote and manage the game of cricket within such territory or area as
the Association may deem advisable.
2 To promote healthy leisure time activities, social entertainment and recreation.
Solely for the purpose of furthering the purposes set out above the Association shall have power –
(a) To take over the funds and assets and liabilities of each of the FRANKSTON
PENINSULA CRICKET CLUB INCORPORATED and the FRANKSTON CRICKET
CLUB INCORPORATED upon their merger.
(b) To indemnify any person for any loss or damage incurred as a result of having on
behalf of the unincorporated association become liable to pay any amount by way of
damages or otherwise.
(c) To subscribe to, become a member of and co-operate with any other association, club
or organisation, whether incorporated or not whose objects are altogether or in part
similar to those of the Association provided that the Association shall not subscribe to
or support with its fund any club, association or organisation which do not prohibit or
restrict the distribution of its income and property among its members to an extent at
least as great as that imposed on the Association under or by virtue of the Rules.
(d) To buy, sell and deal all kinds of articles, commodities and provisions, both liquid
and solid, for the members of the Association or persons frequenting the Association’s
premises.
(e) To purchase, take on lease or in exchange, hire and otherwise acquire any lands,
buildings, easements or property, real and personal, and any rights or privileges
which may be requisite for the purposes of or capable of being conveniently used in
connection with, any of the objects of the Association:
Provided that in case the Association shall take or hold any property which may be
subject to any trusts the Association shall only deal with the same in such manner as
is allowed by law having regard to such trusts.
(f) To enter into any arrangements with any Government or authority that are incidental
or conducive to the attainment of the objects and the exercise of the powers of the
Association; to obtain from any such Government or Authority any rights, privileges
and concessions which the Association may think it desirable to obtain; and to carry
out, exercise and comply with any such arrangements, rights, privileges and
concessions.
(g) To appoint, employ, remove or suspend such managers, clerks, secretaries, servants,
workmen and other persons as may be necessary or convenient for the purposes of
the Association.
(h) To construct, improve, maintain, develop, work, manage, carry out, alter or control
any houses, buildings, grounds, works or conveniences which may seem calculated
directly or indirectly to advance the Association’s interests, and to contribute to,
subsidise or otherwise assist and take part in the construction, improvement,
maintenance, development, working, management, carrying out, alteration or control
thereof.
(i) To invest and deal with money of the Association not immediately required in such
manner as may from time to time be thought fit.
(j) To take, or otherwise acquire, and hold shares, debentures or other securities of any
company or body corporate.
(k) To lend and advance money or give credit to any person or body corporate ; to
guarantee and give guarantees or indemnities for the payment of money or the
performance of contracts, or obligations by any person or body corporate and
otherwise to assist any person or body corporate.
(l) To borrow or raise money either alone or jointly with any other person or legal entity
in such manner as may be thought proper and whether upon fluctuating advance
account or overdraft to represent or secure any monies and further advances
borrowed alone or with others as aforesaid by notes secured or unsecured, debentures
or debenture stock perpetual or otherwise, or by mortgage charge, lien or other
security upon the whole or any part of the incorporated Association’s property or
assets present or future and to purchase, redeem or pay off any such securities.
(m) To draw, make accept, endorse, discount, execute and issue promissory notes, bills of
exchange, bills of lading and other negotiable or transferable instruments.
(n) To sell, improve, manage, develop, exchange, lease, dispose of, turn to account or
otherwise deal with all or any part of the property and rights of the Association.
(o) To take or hold mortgages, liens or charges, to secure payment of the purchase price,
or any unpaid balance of the purchase price, or any part of the Association’s property
of whatsoever kind sold by the Association or any money due to the Association from
purchasers and others.
(p) To take any gift of property whether subject to any special trust or not, for any one or
more of the objects of the Association but subject always to the proviso in paragraph
(e).
(q) To take such steps by personal or written appeals, public meetings or otherwise, as
may from time to time be deemed expedient or the purpose of procuring
contributions to the funds of the Association, in the shape of donations, annual
subscriptions or otherwise.
(r) To print and publish any newspaper periodicals, books or leaflets that the Association
may think desirable for the promotions of its objects.
(s) To amalgamate with any one or more incorporated associations having objects
altogether or in part similar to those of the Association and which shall prohibit or
restrict the distribution of its or their income and property among its or their
members to an extent that is at least as great as that imposed upon the Association
under or by virtue of the Rules.
(t) To purchase or otherwise acquire and undertake all or any part of the property,
assets, liabilities, engagements of any one or more of the incorporated associations
with which the Association is authorised to amalgamate.
(u) To transfer all or part of the property, assets, liabilities and engagements of the
Association to any one or more of the incorporated associations with which the
Association is authorised to amalgamate.
(v) To make donations for patriotic, charitable or community purposes.
(w) To do all such things as are incidental or conducive to the attainment of the purposes
and the exercise of the powers of the Association.
FRANKSTON PENINSULA CRICKET CLUB – BY-LAWS
Part 1 : Administrative By-Laws
1. A General Meeting and/or the Board may appoint various Committees and sub-Committees from time to time to assist in the operation of the Club with responsibility to the Board in their various fields. These Committees and sub-Committees shall include a Finance Committee, a Match Committee and any such Committee or sub- Committee as shall from time to time be determined necessary by the Board or at a General Meeting.
2. Any member of a Committee or sub- Committee shall not vote on any matter in which he has a pecuniary interest.
3. The Members of all Committees and sub- Committees, whether elected or appointed shall hold office until the next AGM at which time they shall be eligible for re-election or re-appointment by either the General Meeting or the Board as appropriate.
4. The Finance and Planning Committee shall be comprised of the Honorary Treasurer who shall be the chairperson together with one other member of the Board to be nominated by the Board together with up to three Board members elected by the General Meeting or appointed by the Board in accordance with the Rules of the Association.
5. The Board shall, following the Annual General Meeting, appoint a Match Committee. This Committee shall comprise of a chairperson and at least three other persons. The Board shall have the power to replace members of the Match Board as vacancies occur.
6. The Match Committee shall select the teams to represent the Club in Victorian Cricket Association Competition. The Chairperson of the Match Committee shall be consulted by the Secretary and/or the Board prior to a clearance being granted to any registered player. The Match Committee may invite players to practice, recruit players to the Club under such conditions as may be set down or agreed to by the Board. The Match Committee may discipline any player within limits of the Rules of Association.
7. The President shall be an ex-officio member of all Committees save the Match Committee and shall have full voting rights.
8. The Chairperson of a Committee shall have a casting vote on all matters where a deadlock of votes exists.
9. The Board may appoint Committee Members or co-opt other persons to assist Office Bearers as they deem necessary from time to time.
10. All Committees may exercise all powers and shall have such authorities and discretions and shall do all such acts as are permitted by the Rules of the Association or as directed from time to time by the Board or by the General Meeting.
11. Committees shall deal with all matters that may from time to time be delegated by the Board but shall be limited at all times by the specific powers vested in such Committee by the Board.
12. The office of a Board person shall be deemed to be vacant if any of the circumstances set out in Rule 23 and 28 of the Rules of the Association apply to such Board person.
13. Any casual vacancy arising in any Committee may be filled by the Board appointing a substitute to the vacant office and the person so appointed may continue in office up to and including the conclusion of the Annual General Meeting next following the date of his appointment.
14. All Committees so appointed shall meet together from time to time for the handling of business and may adjourn and or otherwise regulate their meetings as they think fit. Questions arising at any meeting shall be decided by a majority of votes. In the case of an equality of votes, the Chairperson shall have a second or casting vote.
15. In the absence of the appointed Chairperson from a meeting the Committee shall appoint another Committee member to chair that particular Meeting.
16. The appointed Chairperson or any two Committee Members of such Committee may at any time summon a meeting of that Committee.
17. The quorum necessary for the transaction of business at a Committee meeting shall be one half of the number of Committee members plus one.
18. The Board shall have the power following consultation with the Chairperson of the Match Committee to elect captains and vice captains of all club teams. The captains so elected shall be deemed elected for that season. In the event of any captain or vice captain resigning, the Board, after consultation with the Match Committee may appoint a captain or vice captain to fill the vacancy. The Board shall have the power to replace any captain or vice captain who :
a. Is unavailable for three consecutive matches, or
b. Is omitted from the team of which he is captain or vice captain for three consecutive matches, or
c. Is selected to play in a more senior team for three consecutive matches
19. No trophy or other award shall be given to a player or club member by the Club unless the award is authorised by the Board.
20. The award for Club Champion shall be determined by a points system awarded as follows :
a. 5 points for each 20 runs in aggregate
b. 4 points for an unassisted wicket
c. 3 points for an assisted wicket
d. 4 points for a direct hit run out
e. 2 points for a shared run out and
f. 2 points for a catch or stumping
21. To be eligible for awards for the batting and bowling averages in any team, a player must have batted or bowled respectively in at least half the number of matches played by the particular team during that season. In the case of the batting average, have batted on at least 8 occasions with that team in that season for a minimum of 300 runs for the First and Second Elevens. In the case of the Third & Fourth Eleven, a player who has made 250 or more runs in both the Thirds and the Fourths in that season will be eligible for the batting award in either of those Elevens, provided he has made not less than 200 runs in that grade for the season. In the case of the bowling averages, the player must have bowled at least 400 balls to qualify for either the First or Second team bowling award, and at least 300 balls to qualify for the Third and Fourth team bowling award.
22. The Club may grant reciprocal rights of membership to the Victorian Cricket
Association and to the Mornington Peninsula Cricket Association and their affiliated
clubs and associations as deemed by them to be affiliated at that time, and that the
following restrictions apply:
(i) the reciprocal membership pertains only to the rights of social membership of
the club;
(ii) that the visiting member shall be a financial member or life member of his
club or association;
(iii) that the reciprocal membership will only be recognised from 1st October to
31st March in any given year; and
(iv) that reciprocal membership is restricted to days of practice and/or match
competition between the club and affiliated clubs of the Victorian Cricket
Association and the Mornington Peninsula Cricket Association as deemed by
the respective associations.
23. To qualify for Life Membership of the Frankston Peninsula Cricket Club the following criteria is
to be used prior to any recommendation being endorsed –
23.1 To be considered within the criteria, a member must be of good character and not
have done anything during their time with the Club that has brought either the Club
or the game of Cricket into disrepute or not acted in the best interests of the Club or
the game of Cricket. The criterion includes all service combined for either the
Frankston and Frankston Peninsula Cricket Clubs.
23.2 Players
23.2.1 150 First Eleven games or 12 years continuous service or 15 years interrupted
service
23.3 Administrators
23.3.1 12 years continuous service or 15 years interrupted service
23.4 Player/Administrator
23.4.1 Where a player chooses to become a Board member during their playing
period and that involvement adds to the amount of 4 years within a 10 year
period, that person will be eligible after 10 years.
23.5 Process
23.5.1 The Club Secretary/Administrator must refer, to a sub- Committee of active,
within the Club, Life Members, at least 90 days prior to the Club’s annual
performance presentations, those persons who may be considered to meet
the criteria. This sub- Committee will then evaluate and report their findings
and recommendation in writing to the President and Club Executive for final
ratification and adoption within 30 days of the Club’s annual performance
presentations.