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RULES OF THE FRANKSTON PENINSULA CRICKET CLUB Inc.
(Revised July 2011)

 

Clause

 

1

Name

2

Definitions

3

Membership

4

Entrance Fee and Annual Subscriptions

5

Register of Members

6

Resignation of Members

7

Discipline of Members

8

Annual General Meeting

9 & 10

Special General Meeting

11

Convening of Special Meetings

12 to 19

Procedure of General Meetings – Procedures at Meetings

20 & 21

Board of Management

22

Election of Board

23

Vacancy of Board Member

24

Procedure of Board

25

Duties of Secretary

26

Duties of Treasurer

27

Removal of Board Members

28

Termination of Board appointments on absence from 3 consecutive Meetings

29

Cheques

30

Common Seal

31

Alteration of Rules and Statement of Purposes

32

Service of Notices

33

Disposal of Assets

34

Custody of Books

35

Source of Funds

36

By-Laws

37

Grievance Procedures

38 to 45

General

46

Patrons

 

 

APPENDIX 1

 

Application for Membership

APPENDIX 2

 

Form of Appointment of Proxy

 


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.