Constitution and Rules for The Hahndorf Bowling Club Inc.
CONTENTS
SECTION 1 - NAME AND OBJECTS
1. Name
2. Interpretation
3. Objects and Purposes
4. Powers
SECTION 2 - MEMBERSHIP
5. Membership Qualifications
6. Register of Members
7. Service of Notices
8. Membership Quota
9. Membership Classes
10. Nomination and Admission of Full Members
11. Life Members
12. Associate / Social Bowler Members
13. Junior and Student Members
14. Classes of Membership Not Requiring Bowls SA Registration.
15. Restricted Players
16. Member’s Entitlements
17 Cessation of Membership
18 Forfeiture of Membership
19. Resignation of Members
20. Disciplining of Members
21. Right of Appeal of Disciplined Member
22. Absence of a Member
23. Fees and Subscriptions
24. Members’ Liabilities
SECTION 3 - MANAGEMENT BY MEMBERS
25. Management by Members
26. Annual General Meeting
27. Special General Meetings
28. Procedure at Meetings
29. Voting at Meetings
SECTION 4 - MANAGEMENT BY OFFICERS
30. Administrative Committee
31. Powers of the Administrative Committee
32. Office Bearers – Administrative Committee
33. Election of Office Bearers – Administrative Committee
34. Casual Vacancies – Administrative Committee
35. Removal of Member from the Administrative Committee
36. Meetings and Quorum – Administrative Committee
37. Appointment of Sub-committees by the Administrative Committee
38. Voting and Decisions – Administrative Committee
SECTION 5 - FUNCTIONS OF OFFICERS
39. President
40. Administrative Secretary
41. Treasurer
42. Indemnity of Administrative Secretary and Treasurer
SECTION 6 - FINANCIAL
43. Funds - Management
44. Accounts
45. Control over Property
46. Borrowing Powers
47. Books
48. Audit
SECTION 7 - GENERAL
49. Honorary Solicitor
50. Damage to Property
51. Winding Up and Dissolution
52. Application of Surplus Proceeds
53. Alteration of Rules
54. Interpretation of Rules
55. Visitors
56. Appointment of Delegates
57. Disputes and Suggestions
58. Privacy Act.
59. Emergency Administrative Action
60. Application of Benefit
61. Greens Committee and Greens Manager
62. By-Laws
63. Clubhouse Open
64. Laws of the Sport of Bowls
65. Common Seal
66. Standing Orders
67. Adoption of Rules
SECTION 1 - NAME AND OBJECTS
1. Name
The name of the Club shall be The Hahndorf Bowling Club Incorporated.
2. Interpretations
2.1 In these Rules, except in so far as the context or subject-matter otherwise indicates or requires:
2.1.1 “Bowls SA” means Bowls SA Incorporated, the peak body of the sport of Lawn Bowls in South Australia.
2.1.2 “Hills Association” means the governing body of the Adelaide Hills Bowling Association Incorporated.
2.1.3 “Club” means The Hahndorf Bowling Club Incorporated.
2.1.4 “Administrative Committee” means the members for the time being of the ‘Committee’ of the Club as constituted in accordance with these Rules and is the governing or controlling body of the Club subject only to any direction of the members at an Annual General Meeting or Special General Meeting.
2.1.5 “President” means the President of the Club elected in accordance with these Rules.
2.1.6 “Vice-President” means the Vice-President of the Club elected in accordance with these Rules.
2.1.7 “Administrative Secretary” means the Secretary of the Club elected in accordance with these Rules.
2.1.8 “Treasurer” means the Treasurer of the Club elected in accordance with these Rules.
2.1.9 “Chairman” means the Chairman according to the current office-holder in the various committee categories.
2.1.10 “Member” means any member of the Club.
2.1.11 “The Act” means the Associations Incorporation Act (SA) 1985, as amended or any other act passed in substitution thereof.
2.1.12 “Day” means a calendar day.
2.1.13 “Month” means a calendar month.
2.1.14 “Financial Year” means the Club’s Financial Year and, unless altered by the members at an Annual General Meeting or Special General Meeting, shall be the period April 1 to March 31.
2.1.15 “Rules” means the Rules of the Club in force for the time being.
2.1.16 “Special Resolution” means a resolution of the Club which is passed by a majority vote which comprises not less than three-quarters of such members of the Club as, being entitled under these Rules so to do, at an Annual General Meeting or Special General Meeting of which not less than twenty one (21) day’s written notice specifying the intention to propose the resolution as a Special Resolution was given in accordance with these Rules.
2.2 In these Rules:-
2.2.1 words importing the singular include the plural and vice versa;
2.2.2 words importing any gender include the other gender; and
2.2.3 a reference to ‘writing’ shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form, including messages sent by electronic mail.
3. OBJECTS AND PURPOSES
The objects and purposes of the Club shall be:-
3.1 to maintain and conduct a Club of non-political character, and to provide a clubhouse, bowling green and other conveniences for the use and recreation of the members at such place or places as decided by the members;
3.2 to promote such other objects as the members shall determine but always to have in mind the advancement and best interests of the game of bowls;
3.3 to affiliate with Bowls SA and any other organisation that may be desirable in the pursuit of these objects and purposes;
3.4 to do all such things necessary to the attainment of the above objects and purposes.
4. POWERS
Notwithstanding the Lease Agreement the Club has with Mount Barker District Council, the Club shall have the power to:
4.1 acquire, hold, deal with and dispose of any real or personal property; and
4.2 construct, maintain and alter any buildings, grounds, playing surfaces, conveniences or works necessary or convenient for the purposes of, or which seem likely to advance, the interests of the members of the Club;
4.3 open and operate financial institution accounts;
4.4 invest money:
4.4.1 in any security in which trust monies may, by Act of Parliament, be invested; or
4.4.2 in any other manner that the Administrative Committee deems fit;
4.5 borrow or acquire money upon such terms and conditions as the Administrative Committee deems fit subject to Rule 44.2;
4.6 give such security for the discharge of liability incurred by the Club as the Administrative Committee deems fit;
appoint agents to contract any business of the Club on behalf of the Club;
enter into any other contract the Club considers necessary or desirable; and
do all such acts and things as are incidental, conducive or subsidiary to all or any of the objects of the Club.
SECTION 2 - MEMBERSHIP
5. Membership Qualifications
A person is qualified to be a member of the Club if, but only if:-
5.1 the person is a person who has not ceased to be a member of the Club at any time after incorporation of the Club under the Act; or
5.2 the person is a person who:-
5.2.1 has been nominated for membership of the Club as provided by these Rules; and
5.2.2 has been approved for membership of the Club by the Administrative Committee.
6. Register of Members
6.1 The Administrative Secretary shall establish and maintain a Register of Members of the Club specifying the name, address and membership class of each person who is a member of the Club together with the date on which the person became a member.
6.2 The Register of Members shall be kept at the principal place of administration of the Club and shall be open for inspection by any member of the Club.
7. Service of Notices
7.1 For the purposes of these Rules, a notice may be served by or on behalf of the Club on any member either personally or by sending the notice by post to the member at the member’s address shown in the Register of Members or by publishing the notice in the ‘Public Notices’ section of a newspaper circulating generally throughout the state.
7.2 Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purpose of these Rules to have been served on the person at the time at which the letter would have been delivered in ordinary course of post.
8. Membership Quota
The Administrative Committee may in its absolute discretion impose a maximum quota on the number of members of the Club.
9. Membership Classes
The Club shall, in respect of bowling members, consist of such classes of membership as conform with the registration requirements of Bowls SA. In addition, the Club may, in respect of non-bowling members and visiting interstate and/or overseas bowlers, consist of such classes of membership as the Club deems appropriate.
The following classes of membership must be registered with Bowls SA in accordance with these Rules.
9.1 Full Members
9.1.1 A full member is a member who has paid the full annual subscription. Such members are entitled to vote at Annual General Meetings and Special General Meetings of the Club, participate in pennant bowls competitions and receive such other privileges as the Club may from time to time determine.
9.1.2 Members with full registration with Bowls SA shall be eligible to play in all Bowls SA and Bowls Australia events for which they are qualified and open or invitation tournaments of other clubs.
9.2 Life Members
9.2.1 Life Members registered with Bowls SA as fully registered members shall be eligible to play in all Bowls SA and Bowls Australia events for which they are qualified, and open or invitation tournaments of other clubs.
9.3 Associate / Social Bowler Members
Associate / Social Bowler Members are bowling members who are not registered with Bowls SA as a Full Member or Junior Member. Members registered with Bowls SA under this category:
9.3.1 shall not be selected for pennant teams until all available Full Members and eligible Life Members have been selected; and
shall not be eligible to play in Bowls SA or Bowls Australia events or events of other clubs.
Junior / Student Members
Junior Members shall be persons under the age of eighteen (18) years as at July 1 in the year of registration.
Student Members shall be full-time students under the age of 25 years as at July 1 in the year of registration.
Members with Junior or Student registration with Bowls SA shall be eligible to play in all Bowls SA and Bowls Australia events for which they are qualified and open or invitation tournaments of other clubs. .
10. Nomination and Admission of Full Members
10.1 A nomination of a person for membership of the Club:-
10.1.1 must be made by a member of the Club who has personal knowledge of the nominee;
10.1.2 must be made by a member of the Club in writing on the form obtainable from the Club; and
10.1.3 must be lodged with the Administrative Secretary of the Club.
10.2 As soon as practicable after receiving a nomination for membership, the Administrative Secretary shall:-
10.2.1 refer the nomination to the Administrative Committee who shall determine whether to approve or to reject the nomination; and
10.2.2 post a copy of the application form on the Club’s notice board at least seven (7) days immediately preceding the day of election to membership.
10.3 Where the Administrative Committee in its absolute discretion, determines to approve a nomination for membership the Administrative Secretary shall, as soon as practicable after the determination, notify the nominee of that approval and request the nominee to pay within the period of twenty eight (28) days after receipt by the nominee of the notification the sum payable under these Rules by a member as entrance fee, if applicable, and annual subscription.
10.4 The Administrative Secretary shall, upon payment by the nominee of the amounts referred to in Rule 10.3 within the period referred to in that clause:-
10.4.1 enter the nominee’s name in the Register of Members and, upon the name being so entered, the nominee becomes a member of the Club; and
10.4.2 provide the nominee with a copy of the current Rules, By-laws and Regulations and record the receipt of those documents by the nominee.
10.5 Where the Administrative Committee rejects the nominee’s application or where the nominee fails to make the payments referred to in Rule 10.3 within the period referred to in that clause, the nominee shall not again be nominated for a period of at least six (6) months from the date of rejection or voiding of membership.
11. Life Members
11.1 A Full Member who has been a Full Member for at least twenty (20) years or rendered special service or services to the Club may on the recommendation of the Administrative Committee at an Annual General Meeting or Special General Meeting, be elected a Life Member of the Club with full privileges. The election of a Life Member shall be by ballot and for the recommendation to succeed at least three-quarters of the votes of the Full Members and Life Members present must be in the affirmative.
11.2 A Life Member shall not be relieved of any financial obligation to the Club.
11.3 To be eligible to play in the pennant competition, Bowls SA and Bowls Australia events, or events of other clubs, a Life Member must be registered as a Full Member with Bowls SA.
12. Associate / Social Bowler Members
Associate / Social Bowler Members may be admitted in the same manner as Full Members, subject to the terms of these Rules, and be entitled to play bowls and be engaged in other forms of recreation conducted by the Club.
13. Junior and Student Members
Junior and Student Members may be admitted in the same manner as Full Members, subject to the terms of these Rules, and be entitled to play bowls and be engaged in other forms of recreation conducted by the Club.
14. Classes of Membership Not Requiring Bowls SA Registration
14.1 Social Members
Social Members may be admitted as non-bowling members of the Club in the same manner as Full Members and shall be entitled to such privileges as the Administrative Committee shall determine from time to time.
14.2 Temporary Members
A member of any other bowling club that is under the jurisdiction of the World Bowls Board, Bowls SA or any other State Authority as provided in the Constitution and By-laws of Bowls Australia, who visits the Club on any date for the purpose of playing bowls, shall be a Temporary Member of the Club for that day. The name and bowling club of such Temporary Member must be recorded on score cards.
14.3 Honorary Members
The President or Administrative Secretary shall have the power to confer Honorary Membership on a visiting member of an overseas or interstate club, or any club affiliated with Bowls SA during the period of their visit, provided that such visitor is sponsored by a current member of the Club.
15. Restricted Players
15.1 Restricted Players are bowlers whose playing category limits participation to casual or night owl competitions, or events specifically designated for Restricted Players at their club, or events of other clubs specifically designated for casual bowlers.
Restricted Players shall not be eligible:
to play in Bowls SA or Bowls Australia events, and open or invitation tournaments of other clubs; or
15.2.2 to be issued with a hatband of their club.
15.3 Restricted Players shall not be selected in pennant teams unless:
15.3.1 all available Full Members and eligible Life members of their Member Club have been selected; and
15.3.1.1 shall be permitted to participate in a maximum of three pennant games in any pennant season upon payment of an additional fee as determined by the Board of Bowls SA from time to time for each game played; and
15.3.1.2 may only participate in more than three pennant games upon payment of the balance of the fee required to become a fully registered member of Bowls SA.
15.4 An Administration Fee shall be:
15.4.1 forwarded to Bowls SA by the date or dates as determined by the Board of Bowls SA each year, by each Member Club, for all Restricted Players; and
15.4.2 accompanied by a list of the names of such players and their details as may from time to time be considered necessary by the Board of Bowls SA, signed by one of the President, Secretary or Treasurer of the Member Club.
15.5 Special Members.
15.5.1 Any financial member of the Hahndorf Senior Citizens’ Club shall be classed as a Special Member. Special Members are entitled to the same rights and privileges that are extended to Associate Members of the Club.
16. Member’s Entitlements
The entitlements of members of the Club are as follows:
16.1 Full Members and Life Members are entitled to all Club privileges and are the only members entitled to vote at the Annual General Meeting or Special General Meetings of the Club.
16.2 Associate / Social Bowler, Social, Honorary, Temporary, Junior and Student Members and Restricted Players are entitled to such privileges as the Administrative Committee determines from time to time but are not entitled to vote at the Annual General Meeting or Special General Meetings of the Club.
17. Cessation of Membership
A person ceases to be a member of the Club if the person:
17.1 dies;
17.2 forfeits their membership;
17.3 resigns that membership; or
17.4 is expelled from the Club.
18. Forfeiture of Membership
18.1 If a member fails to pay his annual subscription within the time prescribed in Rule 23.4, then that person shall cease to be a member of the Club.
18.2 The Administrative Committee may in its absolute discretion restore the member’s name to the Register of Members where the Administrative Committee accepts, in its absolute discretion, a satisfactory explanation from the member and the member has paid the amount/s due.
18.3 The Treasurer shall give notice to each member when their subscription is due. This notice must be served on the member in accordance with Rule 7.
18.4 Where a member of the Club for whatever reason ceases to be a member for one (1) or more years, such member may be re-admitted under such condition as determined by the Administrative Committee.
19. Resignation of Members
19.1 A member of the Club is not entitled to resign their membership except in accordance with this Rule.
19.2 A member wishing to resign from the Club shall give seven (7) days notice in writing to the Administrative Secretary, and shall pay all monies due at the date of such notice including the current Financial Year’s subscription or such portion thereof as the Administrative Committee may determine.
19.3 Where a member ceases to hold membership, the Administrative Secretary shall make an appropriate entry in the Register of Members recording the date on which the member ceased to be a member.
19.4 Where a member ceases to hold membership and intends to transfer to another club the Administrative Secretary shall immediately complete a clearance form to indicate that the member has left in good standing. The Administrative Secretary shall provide two copies of the clearance form to the member and shall forward a further copy to Bowls SA. The Administrative Secretary shall retain a copy of the clearance form for the records of the Club.
19.5 A member resigning from the Club, or ceasing for any reason whatever to be a member thereof, shall not have any right, title or interest in or to any property of the Club.
20. Disciplining of Members
20.1 Where the Administrative Committee is of the opinion that a member of the Club:-
20.1.1 has persistently refused or neglected to comply with the provision or provisions of these Rules: or
20.1.2 has persistently and willfully acted in a manner prejudicial to the interests of the Club; or
20.1.3 has engaged in conduct deemed by the Administrative Committee to be undesirable; the Administrative Committee may, by resolution:
20.1.4 expel the member from the Club;
20.1.5 expel the member from membership of the Club for a specified period; or
20.1.6 censure the member.
20.2 A resolution of the Administrative Committee under Rule 20.1 has no effect unless the Administrative Committee, at a meeting held not earlier than seven (7) days and not greater than twenty eight (28) days after service on the member of a notice under Rule 20.3 confirms the resolution in accordance with this Rule.
20.3 When the Administrative Committee passes a resolution under Rule 20.1, the Administrative Secretary shall, as soon as practicable, cause a notice in writing to be served on the member -
20.3.1 setting out the resolution of the Administrative Committee and the grounds on which it is based with sufficient particularity that the member adequately knows the case to be answered. In the event that the case changes prior to the hearing then the member shall be given adequate notice of such changes;
20.3.2 stating that the member may address the Administrative Committee at a meeting to be held not earlier than seven (7) days and not later than twenty eight (28) days after service of the notice;
20.3.3 stating the date, place and time of that meeting; and
20.3.4 informing the member that the member may do any or all of the following:-
(a) object to any member of the Administrative Committee on the grounds of bias which matter the Administrative Committee shall determine as a preliminary point;
(b) attend and speak at that meeting;
(c) arrange for a representative of the member to attend and speak at that meeting on the member’s behalf;
(d) submit to the Administrative Committee at or prior to the date of that meeting written representations relating to the resolution on the member’s behalf;
arrange for a representative of the member to submit to the Administrative Committee at or prior to the date of that meeting written representations in relation to the resolution on the member’s behalf;
(f) bring such witnesses to the meeting to give evidence as to facts or character;
(g) call for any statements made to the Administrative Committee relevant to the case against the member and for the witness/es making their statement/s to be available for cross-examination if so advised.
At a meeting of the Administrative Committee held in accordance with Rule 20.3, the Administrative Committee shall;
give to the member, or the member’s representative, an opportunity to make oral representations;
give due consideration to any written representations submitted to the Board of Management by the member, or the representative of the member, at or prior to the meeting; and
by resolution determine whether to confirm or revoke the resolution.
Where the Administrative Committee confirms a resolution under Rule 20.4, the Administrative Secretary shall, within seven (7) days after that confirmation, by notice in writing, advise the member of the fact and of the member’s right of appeal under Rule 21.
A resolution confirmed by the Administrative Committee under Rule 20.4 does not take effect:
20.6.1 until the expiration of the period within which the member is to appeal against the resolution where the member does not exercise the right of appeal within that period; or
where within that period the member exercises the right of appeal, unless and until the Administrative Committee confirms the resolution pursuant to Rule 20.4.
21. Right of Appeal of Disciplined Member
21.1 A member may appeal to a Special General Meeting against a resolution of the Administrative Committee which is confirmed under Rule 20.4, within seven (7) days after notice of the resolution is served on the member by lodging with the Administrative Secretary a notice to that effect.
21.2 Upon receipt of the notice from a member under Rule 21.1, the Administrative Secretary shall notify the Administrative Committee which will convene a Special General Meeting to be held within twenty eight (28) days after the date on which the Administrative Secretary received the notice.
21.3 At the Special General Meeting of the Club convened under Rule 21.2:-
21.3.1 no business other than the question of the appeal shall be transacted;
21.3.2 the Administrative Committee and the member, or the member’s representative, shall be given the opportunity to state their respective cases orally or in writing, or both; and
21.3.3 the members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
21.4 If at the Special General Meeting the meeting passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.
22. Absence of a Member
Any member contemplating absence for a period may, on application to the Administrative Committee, be granted leave of absence for a period not exceeding two (2) years, subject to the payment of a fee as determined by the Administrative Committee.
23. Fees and Subscriptions
Except as otherwise provided in these Rules:
23.1 a member of the Club shall upon admission to membership, pay to the Club an entrance fee, if any, as determined by the members from time to time at an Annual General Meeting or Special General Meeting;
23.2 in addition to the amount payable, if applicable, by the member under Rule 23.1, a member of the Club shall pay to the Club an annual subscription as determined by the members from time to time at an Annual General Meeting or Special General Meeting;
the subscription fee shall be payable annually by no later than September 30 or at such other time as the Administrative Committee shall determine from time to time;
any member whose annual subscription is outstanding for more than four (4) months after the due date shall cease to be a member of the Club, provided always that the Administrative Committee may reinstate such a person’s membership on such terms as the Administrative Committee deems appropriate;
members who are elected to membership after the first day of January in any year shall pay such proportion of the annual subscription as shall be determined by the Administrative Committee; and
a member new to the Club may be admitted as a Full Member, or an existing member may be upgraded to Full Membership, upon payment of a first year initial subscription fee as determined by the Administrative Committee.
24. Members’ Liabilities
The liability of a member of the Club to contribute toward the payment of the debts and liabilities of the Club or the cost, charges and expenses of the winding up of the Club is limited to the amount, if any, unpaid by the member in respect of membership of the Club as required by Rule 23.
SECTION 3 - MANAGEMENT BY MEMBERS
25. Management by Members
The Club shall be managed by the members of the Club through the Annual General Meeting and/or Special General Meetings.
25.2 The President shall, subject to this Constitution, preside as Chairman at every Annual General Meeting, Special General Meeting, General Meeting and Administrative Committee Meeting of the Club.
If the President is not present, or is unwilling or unable to preside, a Vice President shall preside. If a Vice President is not present, or is unwilling or unable to preside, the members entitled to be present at that meeting shall appoint one (1) of their number to preside as Chairman of that meeting only.
26. Annual General Meeting
26.1 With the exception of the first Annual General Meeting of the Club, the Club shall convene an Annual General Meeting of its members by no later than May 31 each year.
26.2 The Club shall hold its first Annual General Meeting:
26.2.1 within the period of eighteen (18) months after its incorporation under the Act; and
26.2.2 within the period of two (2) months after the expiration of the first Financial Year of the Club.
26.3 Rules 26.1 and 26.2 have affect subject to any extension of permission granted by the Commission under the Act.
The Annual General Meeting of the Club shall, subject to the Act and to Rule 26.5, be convened on such date and at such place and time as the Administrative Committee deems fit.
26.5 The Administrative Committee shall provide members with at least twenty eight (28) days notice of the Annual General Meeting and must affix a copy of the Notice of the Meeting to the notice board inside the clubhouse.
26.6 The business to be transacted at the Annual General Meeting shall be in the following order:
26.6.1 reading of the Notice convening the Meeting;
26.6.2 confirmation of the Minutes of the previous Annual General Meeting and/or Special General Meetings;
26.6.3 presentation of the Annual Report;
26.6.4 consideration and adoption of the Annual Report;
26.6.5 presentation of the Balance Sheet and Statement of Accounts;
26.6.6 consideration and adoption of the Balance Sheet and Statement of Accounts;
26.6.7 presentation of any other reports;
26.6.8 election of office bearers;
26.6.9 nomination and election of Auditors;
determination of the amount of annual subscription for all classes of membership;
26.6.11 attendance to Notices of Motion; and
26.6.12 dealing with any other general business.
27. Special General Meetings
27.1 The Administrative Committee shall convene a Special General Meeting when requested to do so by requisition in accordance with this Rule.
27.2 The Administrative Committee shall, on a requisition in writing of not less than five (5) of its members, or fifteen (15) members of the Club, convene a Special General Meeting.
27.3 A requisition for a Special General Meeting:
27.3.1 shall state the purpose or purposes of the Meeting;
27.3.2 shall be signed by the members making the requisition;
27.3.3 shall be lodged with the Administrative Secretary; and
27.3.4 may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
27.4 A Special General Meeting shall be held on a date determined by the Administrative Committee, such date being not less than fourteen (14) clear days and not more than twenty eight (28) clear days from the date of requisition. The Administrative Secretary shall post the requisition and Notice of Meeting on the notice board of the Club.
27.5 If the Administrative Committee fails to convene a Special General Meeting in accordance with Rule 27.4, any one (1) or more of the members who made the requisition may convene a Special General Meeting to be held not later than three (3) months after the date of the requisition.
28. Procedure at Meetings
28.1 No item of business shall be transacted at any Annual General Meeting or Special General Meeting of the Club unless a quorum of members entitled under these Rules to vote is present during the time the meeting is considering that item.
28.2 Fifteen (15) members present in person, being members entitled under these Rules to vote at an Annual General Meeting or Special General Meeting, shall constitute a quorum.
28.3 If within thirty (30) minutes after the appointed time for the commencement of an Annual General Meeting or Special 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 following week at the same time and at the same place, unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members.
28.4 If at the adjourned Annual General Meeting or Special General Meeting a quorum is not present within thirty (30) minutes after the time appointed for the commencement of the meeting, the members present, being not less than ten (10), shall constitute a quorum.
29. Voting at Meetings
29.1 At an Annual General Meeting or Special General Meeting of the members of the Club the election of all officers, where there are more nominations than vacancies, shall be by ballot which shall be conducted by two (2) Returning Officers appointed at such meeting. Ballot papers containing votes for a greater or lesser number of persons to be elected shall be informal. If two (2) or more candidates receive an equal number of votes, the Chairman shall, in such case, draw lots to decide the successful candidate.
29.2 All other questions for decision by the members of the Club at an Annual General Meeting or Special General Meeting shall be duly proposed and seconded, and shall be determined by a show of hands unless a ballot is asked for by ten percent (10%) of members present, and entitled to vote. The ballot shall then be taken. When a ballot is taken, two (2) Returning Officers shall be appointed by the Chairman to conduct the ballot. The result of each ballot shall be deemed to be a resolution of the Club adopted at such Annual General Meeting or Special General Meeting.
The Chairman of an Annual General Meeting or Special General Meeting shall, subject to Rule 29.1, be entitled to a deliberative and a casting vote.
Full Members and Life Members only will be entitled to vote at Annual General Meetings and Special General Meetings of the Club.
29.5 At any Annual General Meeting of the Club, only such members who were financial at the close of the previous Financial Year or any new member who has paid the current fee shall be entitled to attend such meeting. This provision shall apply also to any Special General Meeting of the Club held between the close of the previous Financial Year and the Annual General Meeting of the Club. At all other Special General Meetings only members who are financial according to these Rules shall be entitled to attend such meetings.
29.6 Proxy or postal voting shall not be permitted at any Annual General Meeting or Special General Meeting of the Club.
29.7 At any Annual General Meeting or Special General Meeting of the Club, a declaration by the Chairman that a resolution has been carried, or lost, or not carried by a particular margin, if such is required, and an entry to that effect appearing in the Minute Book of the Club shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favor of or against such resolution.
29.8 All resolutions passed at the Annual General Meeting of the Club or at any Special General Meeting of the Club shall be conclusive and binding on all members of the Club, whether they shall have been present or not at such meeting.
SECTION 4 - MANAGEMENT BY OFFICERS
30. Administrative Committee
The affairs of the Club including financial and property affairs shall be managed and controlled by the Administrative Committee.
31. Powers of the Administrative Committee
The Administrative Committee, subject to the Act, the Regulations and these Rules, and to any resolution passed by the Club at an Annual General Meeting or Special General Meeting:-
31.1 shall control and manage the affairs of the Club;
31.2 has power to perform all such acts and do all such things as appear to the Administrative Committee to be necessary or desirable for the proper management of the affairs of the Club, including, but not limited to, the following powers to:-
31.2.1 delegate, in accordance with Rule 37, the exercise of functions to committees and sub-committees;
31.2.2 fill casual vacancies on the Administrative Committee;
31.2.3 appoint such officers and employees as are required to carry out the objects of the Club, including a Public Officer, and may delegate any of its powers to such officers and employees;
31.2.4 impose levies on members, subject to the approval of an Annual General Meeting or a Special General Meeting of the Club;
31.2.5 review the resignation of a member in accordance with Rule 19;
31.2.6 make By-Laws in conformity with the Rules of the Club;
31.2.7 interpret the Rules and By-Laws of the Club, which interpretation shall be final;
31.2.8 carry out all resolutions, including those of which the prescribed notice has been given, and which have been passed at an Annual General Meeting or Special General Meeting of the Club;
31.2.9 ensure compliance with the Rules and By-Laws of the Club, and deal with any breaches as provided in Rule 20;
31.2.10 deal with other matters which may arise or matters which are not specifically provided for in the Rules of the Club;
31.2.11 cause correct financial accounts and books, and administrative records, to be kept showing the affairs of the Club;
31.2.12 authorise all expenditure including any expenditure passed at an Annual General Meeting or Special General Meeting of the Club, and direct the method of dealing with monies received for or on behalf of the Club;
31.2.13 invest funds in any security which trust money may by an Act of Parliament be invested, or in any other manner specifically authorised by the members at an Annual General Meeting or Special General Meeting of the Club;
31.2.14 liaise with the Mount Barker District Council and local members of Parliament.
32. Office Bearers – Administrative Committee
32.1 The first Administrative Committee elected shall hold office until the first Annual General Meeting after incorporation at which time half or as near to half as possible of the members of the Administrative Committee, who shall be chosen by ballot, shall retire but shall be eligible for re-election.
The Administrative Committee shall consist of the office bearers of the Club each of whom shall be elected at the Annual General Meeting of the Club pursuant to Rule 33.
The Administrative Committee of the Club shall comprise:-
32.3.1 the President, who shall be Chairman and may be male or female;
32.3.2 two (2) Vice Presidents, one (1) of whom shall be male and one (1) female;
32.3.3 the Treasurer;
32.3.4 the Administrative Secretary;
32.3.5 two (2) additional Committee Members, or such number as determined at the Annual General Meeting.
32.4 Each member of the Administrative Committee shall, subject to the Rules, hold office for two (2) years following the date of the member’s election, but shall be eligible for re-election.
32.5 In the event of a casual vacancy occurring in its membership the Administrative Committee may appoint a member of the Club to fill the vacancy and the member so appointed shall hold office, subject to these Rules, for the unexpired term of the member they are replacing.
32.6 The Administrative Committee may appoint an Executive Committee from its membership to deal with matters pertaining to the Club between regular meetings of the Administrative Committee.
The Executive Committee is at all times subject to the authority of the Administrative Committee and shall report on their activities to regular meetings of the Administrative Committee.
33. Election of Office Bearers – Administrative Committee
33.1 Nominations of candidates for election as members of the Administrative Committee of the Club:-
33.1.1 shall be made in writing and signed by a nominator and a seconder, both of whom are Full Members of the Club, and certified by the nominee expressing willingness to accept the position for which nominated; and
33.1.2 shall be delivered to the Administrative Secretary not less than fourteen (14) days before the date fixed for the holding of the Annual General Meeting at which the election is to take place.
33.2 If insufficient nominations are received to fill all vacancies on the Administrative Committee, the candidates nominated shall be deemed to be elected and further nominations may be received at the Annual General Meeting.
33.3 If insufficient further nominations are received, any vacant positions remaining on the Administrative Committee shall be treated as casual vacancies in accordance with Rule 32.5
33.4 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.
33.5 If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
33.6 The ballot for the election of the Administrative Committee shall be conducted at the Annual General Meeting in such usual and proper manner as the Administrative Committee may direct.
33.7 SECTION 4 - MANAGEMENT BY OFFICERSThere is no restriction of any member of the Administrative Committee holding dual office.
Casual Vacancies – Administrative Committee
For the purpose of these Rules, a casual vacancy in the office of a member of the Administrative Committee occurs if the member:-
34.1 dies;
34.2 ceases to be a member of the Club;
34.3 becomes an insolvent under administration within the meaning of the Corporations Law;
34.4 resigns office by notice in writing given to the Administrative Secretary;
34.5 is removed from office under Rule 35;
34.6 becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or
34.7 is absent without the consent of the Administrative Committee from three (3) consecutive meetings of the Administrative Committee.
35. Removal of a Member from the Administrative Committee
35.1 The Club at a Special General Meeting may, by resolution, remove any member of the Administrative Committee from the office of member before the expiration of the member’s term of office, and may by resolution, appoint another person to hold office until the expiration of the term of office for members so removed.
35.2 Where a member of the Administrative Committee, to whom a proposed resolution referred to in Rule 35.1 relates, makes representations in writing to the Administrative Secretary or President and requests that the representations be notified to the members of the Club, the Administrative Secretary or the President may send a copy of the representations to each member of the Club or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
36. Meetings and Quorum – Administrative Committee
36.1 The Administrative Committee shall normally meet at least once each month, and not less than ten (10) times per year at such place and time as the Administrative Committee shall determine.
36.2 Special Meetings of the Administrative Committee may be convened by the President or at the request of three (3) members of the Administrative Committee provided that the Administrative Secretary shall give at least two (2) days notice of the meeting to each member of the Administrative Committee.
36.3 Oral or written notice of a meeting or Special Meeting of the Administrative Committee shall be given by the Administrative Secretary to each member of the Administrative Committee at least two (2) days before the time appointed for the holding of the meeting.
36.4 Notice of a meeting given under Rule 36.3 shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business which the members of the Administrative Committee present at the meeting unanimously agree to treat as urgent business.
36.5 A simple majority of the members of the Administrative Committee shall constitute a quorum for the transaction of the business of a meeting of the Administrative Committee.
36.6 No business shall be transacted by the Administrative Committee unless a quorum is present and, if within thirty (30) minutes of the time appointed for the meeting a quorum is not present, the meeting shall stand adjSECTION 4 - MANAGEMENT BY OFFICERSourned to the same place and at the same hour of the same day in the following week.
36.7 If at the adjourned meeting a quorum is not present within thirty (30) minutes of the time appointed for the meeting the meeting shall be dissolved.
36.8 At a meeting of the Administrative Committee:-
36.8.1 the President shall preside; or
if the President is not present or unable to preside Rule 25.2 shall apply.
37. Appointment of Sub-committees by the Administrative Committee
The Administrative Committee may establish sub-committees to exercise such functions as the Administrative Committee shall determine, and appoint members to those sub-committees.
In the establishing subcommittees, the Administrative Committee may delegate such functions as are specified in writing by the Administrative Committee, other than:
37.2.1 this power of delegation; and
37.2.2 a function imposed on the Administrative Committee by the Act, by these Rules or by any other law.
37.3 All such sub-committees established by the Administrative Committee shall be subject to and under the direction and control of the Administrative Committee and shall be required to submit any recommendations on any matters pertaining to the functions delegated to them to the Administrative Committee for any consideration and subsequent action by the Administrative Committee.
37.4 Upon the completion of the function/s for which the sub-committee was established such sub-committee shall be deemed to no longer exist.
37.5 Notwithstanding the conditions of Rule 37.4 the Administrative Committee may at any time by resolution at a meeting of the Administrative Committee dissolve any or all of the sub-committees appointed pursuant to Rule 37.1.
38. Voting and Decisions – Administrative Committee
38.1 Questions arising at a meeting of the Administrative Committee or of any sub-committee appointed by the Administrative Committee shall be determined by a majority of the votes of members of the Administrative Committee or sub-committee present at the meeting.
38.2 Each member present at the meeting of the Administrative Committee or of any sub-committee appointed by the Administrative Committee, including the person presiding at the meeting, is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a deliberative and a casting vote. Subject to Rule 36.5, the Administrative Committee may act notwithstanding any vacancy on the Administrative Committee.
38.3 Any act or thing done or suffered, or purporting to have been done or suffered, by the Administrative Committee or by a sub-committee appointed by the Administrative Committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or disqualification of any member of the Administrative Committee or sub-committee.
SECTION 5 - FUNCTIONS OF OFFICERS
39. President
39.1 The President shall regulate and keep order at all meetings at which the President is to preside as prescribed by these Rules.
39.2 The President may take only such other actions as are determined by the Administrative Committee, or by the members of the Club at any meeting of the Club, in assisting to ensure:-
39.2.1 that the Rules and the By-laws of the Club are effectively implemented; and
39.2.2 that effective administrative actions follow decisions made at those meetings over which the President is prescribed by these Rules to preside.
39.3 The President may take action in any matter specifically detailed by these Rules.
39.4 The President shall prepare for submission to the Annual General Meeting of the Club, the report of the Administration Committee on the activities of the Club during the year.
40. Administrative Secretary
40.1 The Administrative Secretary shall be the Executive Officer of the Administrative Committee and the Public Officer of the Club. The Administrative Secretary shall:-
40.1.1 as soon as practicable after being appointed as Administrative Secretary, lodge notice with the Club of his or her address;
40.1.2 attend all meetings of the Administrative Committee, Annual General Meeting and Special General Meetings of the Club;
40.1.3 keep minutes of all appointments of members of the Administrative Committee;
40.1.4 keep minutes of the names of members of the Administrative Committee present at any Administrative Committee meeting;
40.1.5 keep minutes of all proceedings at meetings of the Administrative Committee, the Annual General Meeting and Special General Meetings;
40.1.6 ensure that the minutes are signed by the Chairman or any other member presiding at the meeting;
40.1.7 attend to all correspondence in connection with the general business of the Club;
40.1.8 maintain a register of members in accordance with Rule 6.1 and the date of the latest subscription payment; and
40.1.9 carry out those duties usually associated with the office of secretary with the approval or direction of the Administrative Committee.
41. Treasurer
41.1 It is the duty of the Treasurer to:-
41.1.1 receive all moneys belonging to the funds of the Club, and within a reasonable time to deposit or arrange for the deposit of such moneys with the Club’s bankers, or as directed by the Administrative Committee;
41.1.2 be responsible for payment of all Club accounts which have been passed for payment by the Administrative Committee;
41.1.3 keep correct accounts of all moneys received and expended;
41.1.4 prepare the annual income and expenditure budget for approval by the Administrative Committee;
41.1.5 prepare and submit financial statements at meetings of the Administrative Committee and at the Annual General Meeting of the Club.
42. Indemnity of Administrative Secretary and Treasurer
If the Administrative Secretary or Treasurer are required by their office to pay any money for an act, default or omission of any other person, such money shall be paid by the Club, or any such money paid by the Administrative Secretary or Treasurer shall be refunded by the Club.
SECTION 6 - FINANCIAL
43. Funds - Management
43.1 All moneys received by the Club shall be deposited as soon as practicable and without deduction to the credit of such bank accounts of the Club.
43.2 The bank accounts of the Club are to be retained with such financial institutions as shall from time to time be approved by the Administrative Committee.
43.3 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two (2) of the following office bearers:-
43.3.1 the President, the Administrative Secretary, the Treasurer and one (1) other appointed officer bearer of the Club;
43.4 In the event that any one of the abovementioned office-bearers is absent through illness or for any other reason, the Administrative Committee may appoint a substitute signatory to the accounts of the Club.
44. Accounts
44.1 The Club shall keep such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Club.
44.2 No expenditure exceeding ten thousand ($10,000) dollars shall be entered into without the approval of the members at an Annual General Meeting or Special General Meeting of the Club.
44.3 The Administrative Committee may approve expenditure within the limit, defined in Rule 44.2 and shall pass for payment all accounts incurred under provisions of this and the preceding paragraph before payment is made.
The Administrative Committee shall determine limits within which any sub-committee may incur expenditure. All accounts for expenditure incurred under this authority shall be passed for payment by the Administrative Committee.
Expenditure exceeding five hundred ($500) dollars shall not be entered into without the prior consent of the Administrative Committee.
45. Control Over Property
45.1 The prior approval of an Annual General Meeting or Special General Meeting of the Club is required for the following matters:-
45.1.1 negotiating a loan;
45.1.2 issuing debentures;
45.1.3 granting security over any property of the Club;
45.1.4 selling of any real estate on behalf of the Club;
leasing any property of the Club; and
all other measures in any way extending the liabilities of the Club beyond the assets and estimated revenue of the Club.
45.2 In all other respects the property of the Club shall be subject to the control and disposition of the Administrative Committee. The Administrative Committee, subject to the approval of an Annual General Meeting or Special General Meeting in accordance with Rule 45.1, is empowered to:-
45.2.1 negotiate loans;
45.2.2 issue debentures;
45.2.3 sell or purchase any real estate on behalf of the Club; and
45.2.4 lease any property of the Club.
45.3 A direction of an Annual General Meeting or Special General Meeting of the Club correctly recorded in the minutes of such meeting, the minutes having been confirmed by the Chairman of the meeting, imposes an obligation on the Administrative Committee to operate in accordance with the direction made.
45.4 The duly confirmed minutes provide a justification for the performance of the required direction provided that the terms of the recorded direction have been adhered to.
45.5 No person who is not a member of the Club shall be entitled to enquire into the regularity of such direction beyond the verification of the signature of the Administrative Secretary.
46. Borrowing Powers
46.1 Subject to this Rule, the Annual General Meeting or a Special General Meeting of the Club may authorise the Administrative Committee to borrow funds.
46.2 If the Administrative Committee is authorised to borrow funds pursuant to Rule 46.1 then the Administrative Committee may borrow funds at such rate of interest, and in such form and manner and upon such security as shall be specified in any such resolution of the Annual General Meeting or Special General Meeting.
46.3 If the Administrative Committee is authorised to borrow funds pursuant to Rule 46.1 then the Administrative Committee shall make all dispositions of the SECTION 6 - FINANCIALClub’s property, or any part thereof, and enter into such agreements in relation thereto as the Administrative Committee may deem proper for giving security for such loans and interest.
46.4 Subject to section 53 of the Act the Club may invite and accept deposits of money from any person on such terms and conditions as may be determined by the Administrative Committee from time to time.
46.5 All members of the Club shall be bound by the decision of the meeting authorising the borrowing of funds.
47. Books
47.1 All records, books of accounts and other financial documents relating to the Club shall be kept by the Treasurer.
47.2 These records, books of account and other financial documents shall be open to the inspection of the Administrative Committee.
48. Audit
48.1 The Club shall where required by the Act appoint an Auditor and shall cause the accounts of the Club to be audited.
48.2 The Auditor shall be appointed at each Annual General Meeting of the Club. The Auditor shall not be a member of the Administrative Committee and shall be appointed in a manner consistent with the terms of the Act.
48.3 Nominations for the office of Auditor shall be submitted at the Annual General meeting of the Club in each year.
48.4 The Auditor shall have power at all times to examine the books and documents of the Club.
48.5 The Auditor shall, as soon as possible after the close of the Financial Year in each year, audit the Statements of Receipts and Expenditure and Balance Sheets of the Club since the end of the preceding Financial Year. These statements shall be prepared by the Treasurer in accordance with accepted accounting principles.
48.6 The Auditor’s Report shall be submitted to the Annual General Meeting of the Club.
SECTION 7 - GENERAL
49. Honorary Solicitor
The Board of Management may appoint an Honorary Solicitor to the Club upon such terms and for such period as the Administrative Committee shall direct.
50. Damage to Property
50.1 The Administrative Committee shall prepare from time to time a set of rules governing the borrowing of Club furniture and equipment listing:
50.1.1 the items that may be borrowed by members;
50.1.2 any charges associated with borrowing the items.
50.2 No member shall remove from the Club any property of any kind without the permission of either the President or Administrative Secretary, nor deface or damage any article which is the property of the Club.
50.3 Any member who removes, breaks or damages any of the Club’s property shall pay for the property at a price determined by the Administrative Committee.
51. Winding Up and Dissolution
51.1 The Club may be wound up in the manner provided for in the Act.
51.2 In the case of a voluntary winding up or dissolution, the following procedure is to be followed:-
51.2.1 The Administrative Committee shall call a Special General Meeting of the Club to consider whether or not the Club should be wound up or dissolved;
51.2.2 A motion to wind up or dissolve the Club must be carried at the Special General Meeting by a majority of those present and entitled to vote;
51.2.3 If such a motion is carried then a second Special General Meeting of the Club must be called:-
(a) not less than one (1) calendar month after the first- mentioned Special General Meeting of the Club; and
(b) the quorum at this Special General Meeting shall be not less than half of the members of the Club entitled to vote.
51.2.4 At this second Special General Meeting a Special Resolution motion to confirm the motion to wind up or dissolve the Club shall be put.
51.2.5 If the Special Resolution referred to in Rule 51.2.4 is carried, then the Administrative Committee must, subject to the provisions of the Act, appoint a person, who may be a member of the Club, to act as liquidator and have the appointment approved by the Corporate Affairs Commission.
51.2.6 On confirmation from the Corporate Affairs Commission of the liquidator’s valid appointment, the liquidator will proceed to sell and realise the property and assets of the Club and out of the net proceeds of such sale and realisation to discharge and satisfy all the liabilities of the Club.
52. Application of Surplus Proceeds
If after the winding up of the Club there remains “surplus assets” as defined in the Act, such surplus assets shall not be distributed among the members but shall be given to other lawn bowling organisation(s), or charitable institution(s), or other body(s) as may be determined by the Administrative Committee in their absolute discretion.
53. Alteration of Rules
53.1 No new rules shall be made nor any existing rule altered or repealed except at an Annual General Meeting or at a Special General Meeting of the Club called for that purpose.
53.2 A copy of the proposed new rule, alteration or repeal, as aforesaid, shall be delivered to the Administrative Secretary at least twenty eight (28) days before such meeting and shall be inserted in the notice convening the meeting at which such proposed new rule, alteration or repeal is to be considered, and notice thereof shall be posted on the notice board of the Club twenty one (21) clear days before the meeting.
53.3 For a proposed new rule, alteration or repeal to be adopted at any constituted Annual General Meeting or Special General Meeting of the Club an affirmative vote of at least two thirds of the members present and entitled to vote, voting in favor of the new rule, alteration or repeal shall be required.
53.4 The Administrative Secretary shall comply with all requirements of Section 24 of the Act to give effect to any new rule or alteration to the Constitution.
53.5 The Administrative Secretary shall also notify Bowls SA of any new rule or alteration to the Constitution.
53.6 Any such new or altered rules shall come into operation from the date of adoption unless another date is specified in the motion.
54. Interpretation of Rules
In the event of any doubt or difficulty arising as to the meaning of any Rule, By-Law or Regulation, or, should any question arise as to their interpretation, the Administrative Committee shall have power to pronounce a decision thereon and its decision shall be final and binding on the members, subject only to affirmation or reversal by a Special General Meeting of the Club called for that purpose.
55. Visitors
55.1 A member shall be allowed to introduce visitors to the Club on such conditions as the Administrative Committee shall determine from time to time.
55.2 Notwithstanding Rule 55.1, no person who has been suspended or expelled from membership of a bowling club or whose conduct or presence on the Club’s premises may be considered objectionable to the interests of the Club, shall be introduced as a visitor.
56. Appointment of Delegates
The delegates to the appropriate meetings of Bowls SA or any other Association shall be elected by the Administrative Committee.
57. Disputes and Suggestions
All suggestions and complaints to be drawn to the attention of the Administrative Committee shall be made in writing to the Administrative Secretary, who shall list the same for discussion at the next meeting of the Administrative Committee.
If any dispute or disagreement arises between members concerning any matter relevant to the Club, the same may be referred in writing to the Administrative Committee by either party. The Administrative Committee shall have the power to deal with such matters as it deems necessary in a manner consistent with these Rules.
58. Privacy Act
The Club, in conducting the business and carrying out the objects of the Club, shall abide by the National Privacy Principles of the Privacy Act 1988 as amended by the Privacy Amendment (Private Sector) Act 2000 and adopted December 21 2001.
59. Emergency Administrative Action
In emergency circumstances, action taken by an officer or officers of the Club and ratified by the Administrative Committee shall not render any proceedings void unless the members so direct at an Annual General Meeting or Special General Meeting.
60. Application of Benefit
The Club is a non-proprietary Club. The income and property of the Club shall be applied solely towards the promotion of the objects and purposes of the Club. No portion of the income or property of the Club shall be paid or transferred, directly or indirectly by way of dividend, bonuses or otherwise to any member.
Nothing contained in Rule 60.1 shall prevent the payment by way of honorarium or refund of expenses to any member or officer of the Club for services rendered to the Club.
Greens Committee and Greens Manager
61.1 The Administrative Committee shall have the power to appoint a Greens Committee and a Greens Manager who shall not necessarily be members of the Administrative Committee.
61.2 The Greens Committee shall have full control and supervision of the playing area and power to prevent play at any time when it is considered the playing area may be damaged, subject to consultation with the Club and, where applicable, Bowls SA. Notice to this effect posted by the Greens Manager shall be sufficient.
In the absence of the Greens Committee, the Greens Manager and any one (1) member of the Administrative Committee on the advice of the green keeper, shall have power to prevent play at any time. In all other respects the supervision and control of the playing area and lawns shall be in the hands of the Administrative Committee, whose ruling thereon shall be final.
62. By-Laws
62.1 The Administrative Committee shall have power from time to time to make By-Laws and Regulations not inconsistent with these Rules for the efficient working of the Club, and to alter, amend or rescind any By-Law or Regulation as occasion may require.
62.2 A record of all By-Laws and Regulations shall be maintained by the Administrative Secretary and shall be available for inspection by the members.
63. Clubhouse Open
The clubhouse shall be open to members for such times, and on such conditions, as may be decided by the Administrative Committee from time to time.
64. Laws of the Sport of Bowls
The Laws of the Sport of Bowls as adopted from time to time by Bowls Australia and conducted in accordance with the Rules and By-Laws of Bowls SA shall apply as appropriate to all games played under the control of the Club. Failure to observe any such laws renders the offending player or players liable to disqualification from the competition or match.
65. Common Seal
65.1 The Administrative Committee of the Club shall provide a Common Seal and shall provide for the safe custody thereof.
65.2 The seal holders shall be the President, the two (2) Vice-Presidents and the Administrative Secretary of the Club.
65.3 The seal shall not be affixed to any deed, instrument or document except under and by virtue of a resolution of the Administrative Committee of the Club and in the presence of two (2) seal holders, who shall attest every deed, instrument or document to which the seal is affixed, and every such deed instrument or document shall be signed by two (2) seal holders in the following form:-
THE COMMON SEAL of )
THE HAHNDORF BOWLING CLUB INCORPORATED )
was hereunto affixed this day of )
in the presence of )
.................................................................................
Seal Holder
................................................................................
Seal Holder
65.4 The Administration Secretary shall maintain a register recording the use of the seal showing:
65.4.1 date affixed;
65.4.2 document and purpose;
65.4.3 names of seal holders who sign the document;
65.4.4 reference to the authority for use, that is, an item in relevant minutes.
66. Standing Orders
The following Standing Orders govern the conduct of business at all meetings, except as otherwise provided in the Rules. In regard to Special General Meetings, the Administrative Secretary shall, in the notice of meeting, specify the matters to be dealt with occasioning the calling of the meeting and no other matter shall be discussed.
66.1 Time Limit
Time limits for speakers, or for the discussion, shall be determined by the Chairman of the meeting.
66.2 Property of the Meeting
Any motion or amendment thereto, having been duly proposed and seconded, becomes the property of the meeting, and cannot be withdrawn unless leave is granted in accordance with these Standing Orders.
66.3 Seconding Motion without Speaking
Any member who seconds a motion without speaking to it may, at a later period, take part in the debate.
66.4 Reply of Mover
In all cases the member moving the motion has the right of reply, and this reply closes the debate.
66.5 Chairman’s Ruling
If the Chairman at any time gives a ruling on any matter before the chair, the Chairman may be asked to give the reasons. If the reasons given are not deemed satisfactory, any member may move that the “Chairman’s ruling be disagreed with”. If the motion is seconded and carried, the Chairman shall forthwith vacate the chair until the matter of his ruling is settled, provided that only the reasons given by the Chairman for his ruling can be discussed, and not the subject matter of the original motion or question. In the absence of the Chairman a deputy, or a person elected for the purpose, will occupy the chair.
66.6 Question Be Now Put
A motion moved and seconded “that the question be now put” shall take precedence over all business and, without any discussion, must immediately be put by the Chairman. The mover and the seconder of this motion shall not be mover or seconder of the original motion. If the motion is carried, the original motion must be put without further debate. A motion “that the question be now put” may not be moved while a member is speaking.
66.7 Motion Withdrawn
A motion or amendment may, at any time, by leave of the meeting, be withdrawn. A motion opposing the withdrawal, if seconded, may be received.
66.8 Motions and Amendments
All motions must be moved and seconded. An amendment to the original motion may be moved at any stage of the discussion, provided a speaker is not interrupted. Notice of a further amendment may be given, and the amendment indicated, without discussion, but it cannot be moved until the first amendment has been disposed of. The Chairman may limit the number of amendments to be received in excess of two (2). An amendment cannot be a direct negative to the original motion.
66.9 Amendments
An amendment may be made to a motion by:-
66.9.1 striking out certain words;
66.9.2 striking out certain words and inserting other words; or
66.9.3 adding or inserting other words.
66.10 Notice of Motion
A notice of motion, other than to change these Rules, shall be submitted in writing, signed by the mover and seconder, to the Administrative Secretary twenty one (21) days prior to the date of the meeting. The Administrative Secretary shall deliver a copy of the notice of motion to all members fourteen (14) days prior to the meeting. Notices of motion on the same subject shall appear on the notice paper in the order of receipt by the Administrative Secretary.
66.11 Amending Notice of Motion
Any member desiring to amend his/her own notice of motion before moving same at the meeting must ask leave of the seconder and the meeting, and read the amendment.
66.12 Selection of Pennant Teams
When more than one (1) notice of motion is given for a scheme to select pennant team(s) each such notice shall be dealt with as a separate motion as follows:
66.12.1 each motion shall be moved and seconded in the order in which it appears on the notice paper without discussion;
66.12.2 each motion may then be discussed, separately, but in the same sequence;
66.12.3 amendments to each notice of motion may then be received and dealt with in the same sequence;
66.12.4 a vote shall then be taken in a manner which will allow the notice of motion receiving the greatest number of votes to succeed;
66.12.5 where no notices of motion have been received by the appropriate time, motions may be received at the meeting and dealt with as indicated in other sections of these Standing Orders.
67. Adoption Of Rules
The above Rules were adopted by the Members of The Hahndorf Bowling Club at
an Annual General Meeting / Special General Meeting held on ……./……/…….
Signature ………………………………….....
(President)
…………………………………….
(Administrative Secretary)
