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Constitution

constitution

1. Name
The name of the Club shall be the Moore Park Tigers Junior Australian Football Club
Incorporated hereinafter referred to as “the club”.

2. Objectives
The objectives of the Club shall be;
(a) To promote and foster the game of Australian Football through the
provision of training practices and facilities and by the entering of a
team or teams in organised competition.
(b) To encourage a community spirit among members of the club through
involvement in the club’s affairs and social activities.

3. Definitions
(a) In these rules, except in so far as the context or subject matter
otherwise indicates or requires:
Financial Member means a “paid in full” registered player or associate
member in the current financial year.
Financial Year means year ending on 31st October.
Ordinary Member means a member of the Committee who is not an office
bearer of the club as referred to in rule 10 (1);
Secretary means:
(i) the person holding office under these rules as Secretary of the
club; or
(ii) where no such person holds that office – the Public Officer of the
club;

Special General Meeting means a general meeting of the club other than
the annual general meeting.
the Act means the Associations Incorporation Act 1984
the Regulation means the Associations Incorporation Regulation 1999.
(b) In these rules:
(i) a reference to a function includes a reference to a power,
authority and duty; and
(ii) a reference to the exercise of a function includes, if the function
is a duty, a reference to the performance of the duty.
(iii) The provisions of the Interpretation Act, 1987, apply to and in
respect of these rules in the same manner as those provisions
would so apply if these rules were an instrument made under the
Act.

4. Membership Qualifications
(a) Membership shall be open to any member of the community who
possesses an interest in the game of Australian Football.
(b) There shall be the following categories:
Playing Membership to consist of
(i) junior member
Associate Membership to consist of
(i) honorary life member
(ii) club member
(c) Junior members shall be those members under 18 years of age.
(d) Club Members shall be all members that are non-playing and together
with honorary life members shall be the general body of members of
the club with the right to elect the committee and vote at general
meetings.
(e) A properly constituted annual general meeting or special general
meeting may appoint a person as an honorary life member of the club
in recognition of services rendered in promoting the interests and
objects of the club. Not more than two (2) honorary life members shall
be elected in any financial year of the club and such election shall be
approved by a three fourths majority of financial members present.
(f) No restrictions shall be imposed on any person by virtue of religious or
political beliefs, sex, race or age, but the Committee shall have the
right to refuse membership to any person without assigning any reason
therefore.

5. Register of Members
(a) The secretary of the club shall establish and maintain a register of
members of the club specifying the name, address, contact phone
number and email address of each person who is a member of the
club.
(b) The Secretary shall keep a register of members of the Committee of
the club specifying;
(i) the names, residential addresses, contact phone numbers and
email addresses of each person who is a member of the
committee.
(ii) the date on which the person became a member.

(iii) the names of those members of the committee who hold the
positions of President, Vice-President, Secretary and Treasurer
together with the date on which any such member was elected
to such a position and the date on which any such member
ceased to hold such a position.

6. Cessation of membership
A person ceases to be a member of the club if the person:
(a) dies, or
(b) resigns membership, or
(c) is expelled from the club.

7. Membership entitlements not transferable
A right, privilege or obligation which a person has by reason of being a member of
the association:
(a) is not capable of being transferred or transmitted to another person
(b) terminates on cessation of the person’s membership

8. Fees and Subscriptions
There shall be no entrance fee for admission to membership of the club. All
members other than life members shall pay an annual subscription as determined
by the committee. Such subscription shall fall due on 1st April in each calendar
year.
Membership shall cease automatically when the subscription is three (3) months in
arrears unless otherwise determined by the committee.

9. Members Liabilities
The liability of a member of the club to contribute towards the payment of the debts
and liabilities of the club or the costs, 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 8.

10. Disciplining of members
(a) Any member found guilty of conduct prejudicial to the interests of the
club may be suspended for a period not exceeding 12 months, or may
be expelled at the discretion of the committee, provided that a member
so expelled shall have the right of appeal to the next general meeting,
which may confirm, vary or revoke the committee’s decision. Voting
on this issue shall both in committee, and in general meeting, be by
secret ballot.
(b) Before any member shall be expelled or otherwise punished or
penalised, he/she shall be called before the committee (allowing at
least 14 days from time of notice being served) who shall enquire into
the members conduct giving such member every opportunity to defend
themself against alleged misconduct. Provided a quorum is established
and a majority of the committee present when the matter is enquired
into is of the opinion that such member has been guilty of alleged
misconduct, the committee shall establish the penalty (if any) against
such member.
(c) Should any member fail to appear before the committee to answer
allegations as mentioned under clause 10 (b), such member shall be
automatically suspended until he/she appears before the committee.

11. Resolution of Internal Disputes
(a) Disputes between members (in their capacity as members) of the club
shall be referred to the Committee for mediation and disputes between
members and the Committee are to be referred to an independent
mediator agreed to by the parties concerned.
(b) At least 7 days before a mediation session is to commence, the parties
are to exchange statements of the issues that are in dispute between
them and supply copies to the mediator.

12. Right of appeal of disciplined member
(a) A member may appeal to the club in general meeting against a penalty
of the committee under rule 10 (b), within 7 days after notice of the
penalty is served on the member, by lodging with the secretary a
notice to that effect.
(b) The notice must be accompanied by a statement of the grounds on
which the member intends to rely for the purposes of the appeal.
(c) On receipt of a notice from a member under clause (a), the secretary
must notify the committee which is to convene a general meeting of
the association to be held within 28 days after the date on which the
secretary received the notice.
(d) At a general meeting of the association convened under clause (c):
(i) no business other than the question of the appeal is to be
transacted.
(ii) the committee and the member must be given the opportunity
to state their respective cases orally or in writing or both.
(iii) the members present are to vote by secret ballot on the
question of whether the resolution should be confirmed or
revoked.

13. Powers of the Committee
The committee shall be called the committee of management of the club and,
subject to the Act, the Regulation and these rules and to any resolution passed by
the club in a general meeting;
(a) shall control and manage the affairs of the club;
(b) may exercise all such functions as may be exercised by the club other
than those functions that are required by these rules to be exercised by
a general meeting of the club; and
(c) has power to perform all such acts and do all such things as appear to
the committee to be necessary or desirable for the proper management
of the affairs of the club including promulgation of by-laws.

14. Constitution and Membership
(a) Subject in the case of the first members of the committee to section 21
of the Act, the committee shall consist of;
(i) the office bearers of the club; and
(ii) 2 ordinary members, each of whom shall be elected at the
annual general meeting of the club pursuant to rule 15.
(b) The office bearers of the club shall be;
President
Secretary
Treasurer
Registrar
Junior Football Officer (Auskick Coordinator)
Club Publicity and Social Officer
Government Liaison Officer
2 x General Committee (Ordinary) Members
(c) One of these members is to be nominated as the club liaison with AFL
NSW/ACT.
(d) Each member of the committee shall, subject to these rules, hold office
until the conclusion of the members second year following the date of the member’s election. This needs to be completed at the clubs annual
general meeting. The member is eligible for re-election.
(e) Office bearers’ roles of President and Treasurer will be open on
opposite years to those of Registrar and Secretary.
(f) In the event of a casual vacancy occurring in the membership of the
committee, the committee may appoint a member of the club to fill the
vacancy and the member so appointed shall hold office, subject to
these rules, until the conclusion of the annual general meeting next
following the date of the appointment.

15. Election of Members
(a) Nominations of candidates for election as office bearers or ordinary
members of the committee shall be made in writing, signed by 2
members of the club and delivered to the Secretary not less than 7
days before the date fixed for the annual general meeting.
(b) All nominations must be accompanied by a letter of written consent
from the candidate.
(c) If insufficient nominations are received to fill all vacancies on the
committee, the candidates nominated shall be deemed to be elected
and further nominations shall be received at the annual general
meeting.
(d) Any positions not filled at the annual general meeting shall be deemed
to be casual vacancies.
(e) If the number of nominations received is equal to the number of
vacancies to be filled, the persons nominated are taken to be elected.
(f) If the number of nominations received exceeds the number of
vacancies to be filled, a ballot is to be held.
(g) The ballot for the election of office bearers shall be conducted at the
annual general meeting in such usual and proper manner as the
committee may direct.

16. Secretary
(a) The secretary of the association must, as soon as practicable after
being appointed as secretary, lodge notice with the association of his or
her address.
(b) It is the duty of the secretary to;
(i) convene meetings in accordance with these rules and keep
minutes of all proceedings and the names of those present at
such meetings.
(ii) attend to and keep records of all club correspondence.

17. Treasurer
It is the duty of the treasurer of the club to ensure that;
(a) all money due to the club is collected and received and that all
payments authorised by the club are made; and
(b) correct books and accounts are kept showing the financial affairs of the
club including full details of all receipts and expenditure connected with
the activities of the club.

18. Casual Vacancies
For the purposes of these rules, a casual vacancy in the office of a member of the
committee occurs if the member:
(a) resigns office by notice in writing given to the secretary;
(b) ceases to be a member of the club;
(c) is removed from office under rule 19;
(d) is absent from three (3) consecutive committee meetings without
reasonable excuse;
(v) becomes a mentally incapacitated person or dies.

19. Removal of Member
(a) The club in a general meeting may by resolution remove any member
of the 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 of the
member so removed.
(b) Where a member of the committee to whom a proposed resolution
referred to in clause (a) relates makes representations in writing to the
secretary or president (not exceeding a reasonable length) and
requests that the representation be notified to the members of the
club, the secretary or 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.

20. Meetings and Quorum
(a) The committee shall meet monthly or otherwise as required at such
place and time as the committee may determine.
(b) Oral or written notice of a meeting of the committee shall be given by
the secretary at least seven (7) days before the date of such meeting.
(c) Any five (5) members of the committee shall constitute a quorum for
the transaction of the business of a meeting of the committee.
(d) No business shall be transacted by the committee 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 stands adjourned to a time and
place to be advised within fourteen (14) days of the date of such
adjourned meeting.
(e) If at the adjourned meeting a quorum is not present within half an
hour of the time appointed for the meeting, the members present
(being not less than three) shall constitute a quorum.
(f) At a meeting of the committee:
(i) the president or, in the president’s absence, the secretary shall
preside; or
(ii) if the president and secretary are absent or unwilling to act, the
members present may choose one of their number to preside.

21. Delegation by the Committee to Sub –Committee
(a) The committee may, by instrument in writing, delegate to one or more
subcommittees the exercise of such functions as may be considered
necessary from time to time other than;
(i) this power of delegation; and
(ii) a function which is a duty imposed on the committee by the Act
or by any other law.

(b) A function, the exercise of which has been delegated to a sub-
committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
(c) A delegation under this section may be made subject to such
conditions or limitations as may be specified in the instrument of
delegation.
(d) Not withstanding any delegation under this rule, the committee may
continue to exercise any function delegated.
(e) Any act or thing done or suffered by a sub-committee acting in the
exercise of a delegation under this rule has the same force and effect
as it would have if it had been done or suffered by the committee.
(f) The committee may, by instrument in writing, revoke wholly or in part
any delegation under this rule.
(g) A sub-committee may meet and adjourn as it thinks proper.

22. Voting and Decisions
(a) Questions arising at a meeting of the committee or any sub-committee
appointed by the committee shall be determined by a majority of votes
of members of the committee or sub-committee present at the
meeting.

(b) Each member present at a meeting of the committee or any sub-
committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote but, in the event of equality of
votes on any question, the person presiding may exercise a second or
casting vote.
(c) Any act or thing done or suffered, or purporting to have been done or
suffered, by the committee or a sub-committee appointed by the
committee, is valid and effectual notwithstanding any defect that may
afterwards be discovered in the appointment or qualification of any
member of the committee or sub-committee.

23. Annual General Meeting
(a) The annual general meeting of the club shall be held in October each year at such place and time as the committee may determine.
(b) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include:
(i) Apologies
(ii) Confirmation of minutes of previous annual general meeting and of any special general meeting which may have been held since that meeting.
(iii) To receive from the committee, reports upon the activities of the club during the financial year just ended.
(iv) To receive and consider the financial statement which is required to be submitted to members pursuant to section 26 (6) of the Act.
(v) Election of office bearers and ordinary members of the committee.

24. Special General Meetings
(a) The committee may convene a special general meeting of the club whenever it thinks fit or on receipt of a requisition in writing from not less than seven (7) members of the club stating the purpose of the meeting.
(b) If the committee fails to convene a special general meeting to be held within 30 days after that date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 90 days after that date.

25. Notice
(a) Except where the nature of the business to be proposed to be dealt with at a general meeting requires a special resolution of the club, the secretary shall provide at least 14 days notice of the meeting to each member of the club specifying the place, date and time of the meeting and the nature of the business to be transacted.
(b) Where the nature of the business requires a special resolution of the club, at least 21 days notice of the meeting shall be provided in the manner described in clause (a) and specifying the intention to propose the resolution as a special resolution.
(c) No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to rule 23 (b).
(d) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who shall include that business in the notice for the meeting provided that the requirements of notice under this rule can be satisfied.

26. Procedure
(a) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present.
(b) Seven (7) members present in person (being members entitled under these rules to vote at a general meeting) shall constitute a quorum for the transaction of business at a general meeting of the club.
(c) If after 30 minutes of 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 a time and place to be advised, within 21 days of the date of such adjourned meeting.
(d) If at the adjourned meeting a quorum is not present within 30 minutes after the time appointed for the commencement of the meeting, the members present (being not less than 5) shall constitute a quorum.

27. Presiding Member
(a) The president or, in the president’s absence, the secretary, shall preside as chairperson at each general meeting of the club.
(b) If the president and secretary are absent or unwilling to act at a general meeting the members present shall elect one of their number to preside as chairperson at the meeting

28. Adjournment
The chairperson of a general meeting at which a quorum is present may, with the
consent of the majority of members present at the meeting, adjourn the meeting to another time and place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

29. Decisions and Voting
(a) A question arising at a general meeting of the club shall be determined on a show of hands unless a poll is demanded by the chairperson or by 4 or more members present in person or by proxy at the meeting. The resolution of the poll on the matter shall be deemed to be the resolution of the meeting on the matter in question.
(b) Upon any question arising at a general meeting of the club only financial members shall be entitled to one vote. In the event of equality of voting, the chairperson of the meeting is entitled to exercise a second or casting vote.
(c) Each member shall be entitled to appoint another member as proxy by notice given to the secretary at least 24 hours before the commencement of the meeting in respect of which the proxy is appointed.

30. Special Resolution
A resolution of the club is a special resolution if it is passed by a majority which comprises not less than three-quarters of such members of the club as, being entitled under these rules to do so, voting in person or by proxy at a general meeting of which not less than 21 days written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules.

31. Insurance
(a) The club shall effect and maintain insurance at minimum to the level
provided by AFL NSW/ACT and it’s insurance partner with consideration
given to section 44 of the Act.
(b) In addition to the insurance required under clause (a), the club may
effect and maintain other insurance.

32. Funds – Source
(a) The funds of the club shall be derived from entrance fees, annual
subscriptions of members, donations and, subject to any resolutions
passed by the club in general meeting, such other sources as the
committee determines.
(b) All money received by the club shall be deposited as soon as
practicable and without deduction to the credit of the club’s bank
account.
(c) The club must, as soon as practicable after receiving any money, issue
an appropriate receipt.

33. Funds – Management
(a) Subject to any resolution passed by the club in general meeting, the
funds of the club shall be used in pursuance of the objects of the club
in such manner as the committee determines.
(b) All cheques, draft, bills of exchange, promissory notes and other
negotiable instruments shall be signed by any two members of the
committee authorised by the committee to do so.

34. Alteration of Objects and Rules
The statement of objects and these rules may be altered, rescinded or added to only
by a special resolution of the club.

35. Common Seal
(a) The common seal of the club shall be kept in the custody of the public
officer.
(b) The common seal shall not be affixed to any instrument except by the
authority of the committee and the affixing of the common seal shall
be attested by the signatures either of two members of the committee
or of one member of the committee and of the public officer or
secretary.

36. Custody of Books
Except as otherwise provided by these rules, the public officer shall keep in his or
her custody or under his or her control all records, books and other documents
relating to the club.

37. Inspection of Books
The records, books and other documents of the club shall be open to inspection,
free of charge, by a member of the club at any reasonable hour.

38. Service of Notices
(a) For the purpose of these rules, a notice may be served by or on behalf
of the club upon any member either personally or by sending it by post
to the member at the member’s address shown in the register of
members.
(b) Where a document is sent to a person by email, fax or properly
addressing, prepaying and posting to the person containing the
document, the document shall, unless the contrary is proved, be
deemed for the purposes of these rules to have been served on the
person at the time at which the letter would have been delivered in the
ordinary course of post.

39. Dissolution
(a) The club may be wound up only by a special resolution of the club.
(b) If upon the winding up or dissolution of the club there remains after
satisfaction of all its debts and liabilities any property whatsoever, the
same shall not be paid to or distributed among the members of the
organisation but shall be given or transferred to some other institution
or institutions having objects similar or in part similar to the objects of
the organisation and which shall also prohibit the distribution of its or
their property among its or their members, such institution or
institutions to be determined by the members at or before the time of
dissolution.