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CONSTITUTION & BY-LAWS OF

PORT MACQUARIE GOLF CLUB LIMITED

ACN 000 100 854

Version 16 Oct 2019


Table of Contents

CONSTITUTION & BY-LAWS OF        1

PORT MACQUARIE GOLF CLUB LIMITED        1

1. NAME OF COMPANY        5

2. PRELIMINARY        5

3. DEFINITIONS        5

4. OBJECTS        6

5. LIMITED LIABILITY        7

6. MEMBERS’ GUARANTEE        7

7. APPLICATION OF PROPERTY ON DISSOLUTION        8

8. PROPERTY AND INCOME OF THE CLUB        8

9. LIQUOR & GAMING        9

10. MEMBERSHIP        9

FOUNDATION MEMBERS        10

SEVEN DAY MEMBERS        10

SEVEN DAY CONDITIONAL MEMBERS        11

SIX DAY MEMBERS        11

WEEKDAY MEMBERS        11

COUNTRY MEMBERS        12

NON-PLAYING MEMBERS        12

STUDENT MEMBERS        13

INTERMEDIATE MEMBERS        13

JUNIOR MEMBERS        14

SOCIAL MEMBERS        14

LIFE MEMBERS        15

11. TRANSFER BETWEEN CLASSES OF MEMBERSHIP        15

12. PROVISIONAL MEMBERS        16

13. HONORARY MEMBERS        17

14. TEMPORARY MEMBERS        17

15. ELECTION OF MEMBERS        18

16. JOINING FEES, SUBSCRIPTIONS AND LEVIES        19

17. NON-FINANCIAL MEMBERS        20

18. REGISTERS OF MEMBERS AND GUESTS        20

19. ADDRESSES OF MEMBERS        21

20. DISCIPLINARY PROCEEDINGS        21

21. DISCIPLINARY COMMITTEE        22

22. MEMBER UNDER SUSPENSION        23

23. REMOVAL OF PERSONS FROM THE PREMISES OF THE CLUB        23

24. RESIGNATION AND CESSATION OF MEMBERSHIP        24

25. GUESTS        24

26. PATRONS        25

27. BOARD OF DIRECTORS        26

SCHEDULE 4        26

28. ELECTION OF BOARD        27

29. POWERS OF THE BOARD        29

GENERAL POWERS        29

SPECIFIC POWERS        29

COMMITTEES        30

SUB CLUBS        31

BY-LAWS        32

30. PROCEEDINGS OF THE BOARD        33

31. DECLARATIONS OF INTERESTS BY DIRECTORS        33

PROHIBITION ON DIRECTORS WITH MATERIAL INTEREST FROM VOTING        34

32. CONTRACTS WITH DIRECTORS        34

33. CONTRACTS WITH SECRETARY        34

34. REMOVAL FROM OFFICE OF DIRECTORS        35

35. VACANCIES ON BOARD        35

FILLING CASUAL VACANCY        36

36. GENERAL MEETINGS        36

NOTICE OF GENERAL MEETINGS        37

ANNUAL GENERAL MEETINGS        37

AUDITOR'S RIGHT TO BE HEARD AT GENERAL MEETINGS        38

CHAIR AT GENERAL MEETINGS        38

ATTENDANCE AND VOTING AT GENERAL MEETINGS        39

QUORUM FOR GENERAL MEETINGS        40

ADJOURNMENT OF GENERAL MEETINGS        40

37. MEMBERS’ RESOLUTIONS AND STATEMENTS        40

RESOLUTIONS FROM INDIVIDUAL MEMBERS        41

MEMBERS’ RESOLUTIONS        41

MEMBERS’ STATEMENTS        42

38. MINUTES        43

39. ACCOUNTS AND REPORTING TO MEMBERS        43

40. FINANCIAL YEAR        44

41. AUDITORS        44

42. SECRETARY        44

43. EXECUTION OF DOCUMENTS        44

44. NOTICES        44

45. INDEMNITY TO OFFICERS        45

46. INTERPRETATION        45

47. AMENDMENTS TO CONSTITUTION        45

END.        46

BY-LAWS        47

DEFINITIONS        47

AUTHORITY AND PURPOSE        48

MEMBERSHIP PRIVILEGES AND RESPONSIBILITIES        48

MEMBERSHIP PLAYING RIGHTS        49

MEMBERSHIP RESPONSIBILITIES        50

GOLF BOOKINGS, COMPETITIONS, TROPHIES AND PRIZES        51

CONDUCT OF COMPETITIONS        51

CHILDREN ON COURSE & CHILDREN IN THE CLUBHOUSE        52

HANDICAPS        52

RECIPROCAL RIGHTS        52

CLUB PROPERTY        52

STAFF        53

COMPLAINTS        53

ON THE CLUB’S PREMISES        53

ON THE COURSE        54

PERSONAL PROPERTY AND INSURANCE        54

BOARD COMMITTEES & SUB COMMITTEES        54

Notes regarding Amendments:        55

 


1.        NAME OF COMPANY

1.1        The name of the Company is Port Macquarie Golf Club Limited.

2.        PRELIMINARY

2.1        The Company is a company limited by guarantee and shall be a non-proprietary company.

2.2        The Company is established for the purposes set out in this Constitution.

2.3        Pursuant to Section 135(2) of the Act all replaceable rules referred to in the Act are hereby displaced or modified as provided in this Constitution.

2.4        A copy of the Constitution of the Club shall be supplied to a member on request being made to the Secretary of the Club, and if demanded by the Secretary from that member, on payment of any fee that may be prescribed by the Act.

3.        DEFINITIONS

3.1        In this Constitution unless there be something in the subject or context inconsistent therewith:

(a)        “Act” means the Corporations Act 2001 and any regulation made under the Corporations Act 2001.  Any reference to a provision of the Corporations Act includes a reference to the same or similar provision in any legislation replacing, amending or modifying the Corporations Act however that provision may be amended in that legislation.

(b)        “Board” means the members for the time being of the Board of Directors of the Club constituted in accordance with this Constitution.

(c)        “By-Laws” shall mean the By-laws made in accordance with this Constitution.

(d)        “Club” means Port Macquarie Golf Club Limited ACN 000 100 854.

(e)        “Club Notice Board” means a board designated as such and located in a conspicuous place within the Club premises on which notices for the information of members are posted.

(f)        “Constitution” means this Constitution.

(g)        “Financial member”. A member shall not be a financial member of the Club if:

(i)        the member's subscription or any part thereof has not been paid in accordance with Rule 16.5; or

(ii)        any money (other than a member’s subscription) owing by that member to the Club has remained unpaid at the expiration of seven (7) days from service on that member of a notice from the Club requiring payment thereof; and

in either case that member shall be and remain non-financial for the purposes of Rule 17 until the full amount owing is paid to the Club.

(h)        “Full member” means any person who is in one of the categories of membership referred to in Rule 10.3.

(i)        “Gaming Machines Act” means the Gaming Machines Act 2001 and any regulation made under the Gaming Machines Act 2001.  Any reference to a provision of the Gaming Machines Act includes a reference to the same or similar provision in any legislation replacing, amending or modifying the Gaming Machines Act however that provision may be amended in that legislation.

(j)        “Liquor Act” means the Liquor Act 2007 and any regulation made under the Liquor Act 2007.  Any reference to a provision of the Liquor Act includes a reference to the same or similar provision in any legislation replacing, amending or modifying the Liquor Act however that provision may be amended in that legislation.

(k)        “Month” except where otherwise provided in this Constitution means calendar month.

(l)        “Office” means the general administrative office of the Club.

(m)        “Registered Clubs Act” means the Registered Clubs Act 1976 and any regulation made under the Registered Clubs Act 1976.  Any reference to a provision of the Registered Clubs Act includes a reference to the same or similar provision in any legislation replacing, amending or modifying the Registered Clubs Act however that provision may be amended in that legislation.  

(n)        “Rules” means the rules comprising this Constitution.

(o)        “Secretary” includes Acting Secretary, Honorary Secretary, Acting Honorary Secretary, Secretary Manager, General Manager, Chief Executive Officer or any other title attributed to the person who is the Secretary of the Club for the purpose of the Registered Clubs Act.

(p)        “Special Resolution” has the meaning assigned thereto by the Act.  To be passed, a Special Resolution must receive at least seventy five percent (75%) of the votes cast by members eligible to vote on the Special Resolution.  

(q)        “Sub club” means any sub club that pursuant to a resolution of the Board under Rule 29.10 is or has been established by the Club.

3.2        Words importing the singular number also include the plural and vice versa and the masculine gender the feminine gender and vice versa.

4.        OBJECTS

4.1        The objects of the Club are:

(a)        To promote the game of golf.

(b)        To provide golf links and grounds at Port Macquarie or elsewhere in the County of Macquarie, and to lay out, prepare and maintain the golf links.

(c)        To provide a clubhouse and such other conveniences for members and guests.

(d)        To apply for and obtain a Club Licence under the Liquor Act, entitlements under the Gaming Machines Act and any other rights, entitlements, permits, authorities or licences as may be required or conveniently used in connection with the Club.

(e)        To take over the assets and liabilities of the previously unincorporated club known as the Port Macquarie Golf Club.

(f)        To purchase, hire, make, sell or provide and maintain such things as may be required or conveniently used in connection with the Club.

(g)        To purchase, take on lease or in exchange or otherwise acquire any lands, buildings, easements, rights of common or property, real or personal to be used in connection with any of the objects of the Club and to sell, convey, transfer, assign, mortgage, give in exchange or dispose of the same subject to the requirements of the Liquor Act and the Registered Clubs Act.

(h)        To hire, employ, control and dismiss employees, workers, contractors and any other persons.

(i)        To promote and hold either alone or jointly with any other association, club or persons, golf meetings, competitions and matches of any kind and to offer, give or contribute towards prizes, medals and awards.

(j)        To establish, promote or assist in establishing or promoting and to subscribe to or become a member of any other association or club whose objects are similar or in part similar to the objects of the Club.

(k)        To borrow or raise money for the Club and invest and deal with the moneys of the Club.

(l)        To amalgamate with any other club whose objects are similar to the objects of the Club and which shall prohibit the distribution of its income and property among its members to an extent at least as great as is imposed on the Club under and by virtue of this Constitution.

(m)        To do all such lawful things as are incidental or conducive to the attainment of the above objects or any of them.

 

5.        LIMITED LIABILITY

5.1        The liability of the members is limited.

6.        MEMBERS’ GUARANTEE

6.1        Each member undertakes to contribute an amount not exceeding two dollars ($2.00) if the Club is wound up:

(a)        while he or she is a member of the Club; or

(b)        within one year of the date that he or she ceases to be a member.

6.2        The contribution referred to in Rule 6.1 shall be for the:

(a)        payment of the debts and liabilities of the Club contracted before the member ceased to be a member; and

(b)        costs, charges and expenses of winding up.

7.        APPLICATION OF PROPERTY ON DISSOLUTION

7.1        If the Club is wound up or dissolved and after the satisfaction of all the Club’s debts and liabilities, any property whatsoever remains, that property shall:

(a)        not be transferred, paid to or distributed among the members;

(b)        be given or transferred to an institution or institutions having objects similar to the objects of the Club and which prohibit the distribution of its or their income and property amongst its or their members to an extent at least as great as is imposed on the Club.

7.2        The institution or institutions referred to in Rule 7.1(b) shall be determined by:

(a)        the members of the Club in general meeting (by ordinary resolution) at or before the time of dissolution; or in default thereof

(b)        the Supreme Court of New South Wales.

8.        PROPERTY AND INCOME OF THE CLUB

8.1        The income and property of the Club shall be applied solely towards the promotion of the objects of the Club as set forth in this Constitution.  No portion of the income or property of the Club shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to the members of the Club.  

8.2        Subject to the provisions of Section 10(6) and Section 10(6A) of the Registered Clubs Act, a member of the Club, whether or not he or she is a director or a member of any committee of the Club shall not be entitled under the Constitution of the Club or otherwise to derive directly or indirectly any profit, benefit or advantage from the Club that is not offered equally to every Full member of the Club.

8.3        Subject to the provisions of Section 10(7) of the Registered Clubs Act, a person, other than the Club or its members, shall not be entitled under the Constitution of the Club or otherwise to derive directly or indirectly any profit, benefit or advantage from the grant to the Club of, or the fact that the Club has applied for, a club licence under the Liquor Act or from any added value that may accrue to the premises of the Club because of the grant to the Club of, or the fact that the Club has applied for, such a licence.

8.4        A director shall not hold or be appointed or elected to any office of the Club paid by salary or wages or any similar basis of remuneration.

8.5        Subject to Rule 8.6 nothing in this Constitution shall prevent the payment:

(a)        in good faith of reasonable and proper remuneration to any employed officer or other employee of the Club; or

(b)        in good faith of reasonable and proper remuneration to any member of the Club in return for services actually rendered;

(c)        of interest at a rate not exceeding interest at the rate for the time being charged by bankers in Sydney for overdrawn accounts on money lent by a member to the Club;

(d)        of reasonable and proper rent for premises demised or let by any member to the Club.

8.6        A director shall not receive from the Club remuneration or other benefit in money or monies worth in respect of his or her duties except by way of:

(a)        an honorarium in accordance with Section 10(6)(b) of the Registered Clubs Act; or

(b)        repayment of out of pocket expenses in accordance with Section 10(6)(d) of the Registered Clubs Act.

9.        LIQUOR & GAMING

9.1        Liquor shall not be sold, supplied or disposed of on the premises of the Club to any person other than a member except on the invitation and in the company of a member. This Rule 9.1 does not apply in respect of the sale, supply or disposal of liquor to any person at a function in respect of which an authority is granted to the Club under Section 23(1) of the Registered Clubs Act.

9.2        Liquor shall not be sold, supplied or disposed of on the premises of the Club to any person under the age of 18 years.

9.3        A person under the age of 18 years shall not use or operate the gaming facilities of the Club.

9.4        The Secretary or any employee, director or member of any committee of the Club shall not be entitled under this Constitution or otherwise to receive directly or indirectly any payment calculated by reference to the quantity of liquor purchased, supplied, sold or disposed of by the Club or the receipts of the Club for any liquor supplied or disposed of by the Club.

9.5        Subject to Section 73(2)(b) of the Gaming Machines Act, the Club shall not share any receipts arising from the operation of an approved gaming machine kept by the Club and shall not make any payment or part payment by way of commission or an allowance from or on any such receipts.

9.6        Subject to Section 74(2) of the Gaming Machines Act, the Club shall not grant any interest in an approved gaming machine kept by the Club to any other person.

10.        MEMBERSHIP

10.1        The number of members of the Club shall not exceed the maximum permissible under the Registered Clubs Act.  

10.2        No person under the age of eighteen (18) years shall be admitted as a member of the Club, other than as a Junior member in accordance with this Constitution.

10.3        The Full membership of the Club shall be divided into the following categories:

(a)        Foundation members; and

(b)        Seven Day members;

(c)        Seven Day Conditional members;

(d)        Six Day members;

(e)        Weekday members;

(f)        Country members;

(g)        Non-Playing members;

(h)        Student members;

(i)        Intermediate members;

(j)        Junior members;

(k)        Social members;

(l)        Life members.

10.4        Persons who are not Full members may, in accordance with this Constitution be admitted to the Club as:

(a)        Provisional members; and

(b)        Honorary members;

(c)        Temporary members.

10.5        The Board shall have the power to create additional categories of membership and determine the eligibility requirements and entitlements of such additional categories of membership.

10.6        The number of Full members having the right to vote in the election of the Board shall be not less than the minimum prescribed by the Registered Clubs Act.

FOUNDATION MEMBERS

10.7        A Foundation member shall be a person who:

(a)        has attained the age of eighteen (18) years; and

(b)        was a member of the Club whilst the golf course was located in the Town Centre of Port Macquarie.

10.8        A Foundation member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        attend and vote at general meetings (including Annual General Meetings) of the Club;

(c)        subject to Rule 27.4, nominate for and be elected to hold office on the Board;

(d)        vote in the election of the Board;

(e)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(f)        propose, second, or nominate any eligible member for any office of the Club;

(g)        propose, second or nominate any eligible member for Life membership;

(h)        introduce guests to the Club.

SEVEN DAY MEMBERS

10.9        A Seven Day member shall be those members recorded in the Club’s register of members as “Ordinary members” as at the date of the Special Resolution adopting this Constitution and any person who has:

(a)        attained the age of eighteen (18) years; and

(b)        been elected as a Seven Day member of the Club or transferred to Seven Day membership of the Club.

10.10        A Seven Day member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        attend and vote at general meetings (including Annual General Meetings) of the Club;

(c)        subject to Rule 27.4, nominate for and be elected to hold office on the Board;

(d)        vote in the election of the Board;

(e)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(f)        propose, second, or nominate any eligible member for any office of the Club;

(g)        propose, second or nominate any eligible member for Life membership;

(h)        introduce guests to the Club.

SEVEN DAY CONDITIONAL MEMBERS

10.11        A Seven Day Conditional member shall be those members recorded in the Club’s register of members as “Ordinary Conditional members” as at the date of the Special Resolution adopting this Constitution and any person who has:

(a)        attained the age of eighteen (18) years; and

(b)        been elected as a Seven Day Conditional member of the Club or transferred to Seven Day Conditional membership of the Club.

10.12        A Seven Day Conditional member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        attend and vote at general meetings (including Annual General Meetings) of the Club;

(c)        subject to Rule 27.4, nominate for and be elected to hold office on the Board;

(d)        vote in the election of the Board;

(e)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(f)        propose, second, or nominate any eligible member for any office of the Club;

(g)        propose, second or nominate any eligible member for Life membership;

(h)        introduce guests to the Club.

SIX DAY MEMBERS

10.13        A Six Day member shall be those members recorded in the Club’s register of members as “Associate members” as at the date of the Special Resolution adopting this Constitution and any person who has:

(a)        attained the age of eighteen (18) years; and

(b)        been elected as a Six Day member of the Club or transferred to Six Day membership of the Club.

10.14        A Six Day member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.15        A Six Day member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

WEEKDAY MEMBERS

10.16        A Weekday member shall be a person who has:

(a)        attained the age of eighteen (18) years; and

(b)        been elected as a Weekday member of the Club or transferred to Weekday membership of the Club.

10.17        A Weekday member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.18        A Weekday member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

COUNTRY MEMBERS

10.19        A Country member shall be a person:

(a)        who has attained the age of eighteen (18) years; and

(b)        whose usual place of residence is beyond a radius of fifty (50) kilometres from the Club;

(c)        who is a member of a golf club affiliated with the New South Wales Golf Association or another State Golf Association;

(d)        has been elected as a Country member of the Club or transferred to Country

membership of the Club.

10.20        A Country member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.21        A Country member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

NON-PLAYING MEMBERS

10.22        A Non-Playing member shall be a person who has:

(a)        attained the age of eighteen (18) years; and

(b)        been transferred to Non-Playing membership of the Club.

10.23        A Non-Playing member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.24        A Non-Playing member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

STUDENT MEMBERS

10.25        A Student member shall be a person who:

(a)        has attained the age of eighteen (18) years; and

(b)        satisfies the Board that they attend a secondary or tertiary educational institution on a full time basis;

(c)        has been elected as a Student member of the Club or transferred to Student  membership of the Club.

10.26        A Student member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.27        A Student member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

INTERMEDIATE MEMBERS

10.28        An Intermediate member shall be a person who:

(a)        has attained the age of eighteen (18) years but is under the age of twenty-one (21) years; and

(b)        has been elected as an Intermediate member of the Club or transferred to Intermediate membership of the Club.

10.29        An Intermediate member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.30        An Intermediate member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

JUNIOR MEMBERS

10.31        A Junior member shall be a person who:

(a)        has not attained the age of eighteen (18) years; and

(b)        has been elected to Junior membership of the Club.

10.32        A person shall not be admitted as a Junior member of the Club unless the Board:

(a)        is satisfied that the person is joining the Club for the purposes of playing sport as a member of the Club or a Sub club; and

(b)        has received from that persons parent or guardian written consent to that person becoming a Junior member of the Club and taking part in the sporting activities organised by the Club or a Sub club;

(c)        is satisfied that the person will take part in regular sporting activities organised by the Club or a Sub club.

10.33        Subject to the provisions of the Registered Clubs Act, Junior members are entitled to such playing and social privileges and advantages of the Club as may be determined by the Board from time to time but shall not be entitled to:

(a)        attend or vote at general meetings (including Annual General Meetings) of the Club;

(b)        nominate for or be elected to hold office on the Board;

(c)        vote in the election of the Board;

(d)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(e)        propose, second or nominate any eligible member for any office of the Club;

(f)        propose, second or nominate any eligible member for Life membership;

(g)        introduce guests to the Club.

SOCIAL MEMBERS

10.34        A Social member shall be a person who has:

(a)        attained the age of eighteen (18) years; and

(b)        been elected as a Social member of the Club or transferred to Social membership of the Club.

 

10.35        A Social member shall be entitled to:

(a)        such playing and social privileges and advantages of the Club as may be determined by the Board from time to time; and

(b)        introduce guests to the Club;

(c)        vote in the election of the Board.

10.36        A Social member shall not be entitled to:

(a)        attend and vote at general meetings (including Annual General Meetings) of the Club subject to Rule 36.19 below; and

(b)        nominate for and be elected to hold office on the Board;

(c)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(d)        propose, second, or nominate any eligible member for any office of the Club;

(e)        propose, second or nominate any eligible member for Life membership.

LIFE MEMBERS

10.37        A Life member shall be any member who in consideration of outstanding service to the Club has been granted Life membership of the Club in accordance with this Constitution.

10.38        Life membership may only be conferred at a general meeting of the Club (including an Annual General Meeting).

10.39        Candidates for Life membership shall be proposed by one and seconded by another Foundation member, Seven Day member, Seven Day Conditional member or Life member and submitted to the Board for approval.

10.40        If a nomination for Life membership is approved by the Board, the nomination shall be referred to the next general meeting of the Club and not less than twenty-one (21) days written notice of the nomination shall be given to all members eligible to vote at that meeting.

10.41        If a nomination for Life membership is not approved by the Board, the nomination shall not be submitted to a general meeting of the Club.

10.42        If a nomination for Life membership is approved by a resolution passed by a two-thirds majority of the members present and voting at the general meeting the person nominated shall thereby be a Life member of the Club.

10.43        Every Life member shall be entitled to all the rights and privileges of a Seven Day member.

10.44        A Life member is relieved from the payment of any annual subscription.

10.45  Any member nominated for Life member must provide a National Police Check (or equivalent) with nomination.

11.        TRANSFER BETWEEN CLASSES OF MEMBERSHIP

11.1        The Board has the power on the application of any member to transfer that member to another category of membership (other than Life membership) if that member has the qualifications for that other category of membership.

11.2        Subject to Rule 11.10, any application for transfer of membership pursuant to Rule 11.1 together with any joining fee and/or additional subscription shall be deposited at the office and the Secretary shall cause the name and address of the applicant to be exhibited on the Club Notice Board for a continuous period of not less than seven (7) days before the transfer of the applicant to another class of membership of the Club.

11.3        A member will not be entitled to any refund of membership fees or any part thereof if their application for transfer is approved.

11.4        The Club shall not be required to notify a person if they have been transferred to another class of membership of the Club pursuant to Rule 11.1.  If a member fails to be transferred, the Secretary shall cause any additional subscription paid by that member to be returned to such member.

11.5        The Board shall have the power to transfer a Seven Day Conditional member to Seven Day membership of the Club. If a member is transferred in accordance with this Rule, the member shall be notified (by notice in writing sent by post to the member’s last known address) and the member shall be required to pay such additional subscription as may be determined by the Board.

11.6        The Board shall have the power to transfer a Junior member who has attained the age of eighteen (18) years to another category of membership of the Club for which the Junior member has the necessary qualifications.  

11.7        The Board shall have the power to transfer an Intermediate member who has attained the age of twenty-one (21) years to another category of membership of the Club for which the Intermediate member has the necessary qualifications.

11.8        Subject to Rule 11.9, the Board shall have the power to transfer any Country member or Student member to another class of membership if that member ceases to have the required qualifications for their existing class of membership.

11.9        A Country member shall be notified (by notice in writing sent by post to the member’s last known address), at least fourteen (14) days before the meeting at which the Board proposes to transfer the Country member to another class of membership pursuant to Rule 11.8.

11.10        Any Non-Playing member who:

(a)        was transferred to Non-Playing membership from Seven Day membership; and

(b)        has, since being transferred from Seven Day membership to Non-Playing membership, paid the relevant subscription in respect of Non-Playing membership,

may transfer to Seven Day membership without payment of a joining fee.

12.        PROVISIONAL MEMBERS

12.1        A person in respect of whom:

(a)        a nomination form for membership duly completed in accordance with this Constitution has been given to the Club; and

(b)        who has paid to the Club the joining fee (if any) and the subscription appropriate to the class of membership referred to in the nomination form,

may be granted Provisional membership of the Club while awaiting the decision of the Board in relation to that person's application for membership of the Club.

12.2        Should a person who is admitted as a Provisional member not be elected to membership of the Club within six (6) weeks from the date of the nomination form being given to the Secretary or should that person's application for membership be refused (whichever is the sooner):

(a)        that person shall cease to be a Provisional member of the Club; and

(b)        the joining fee (if any) and subscription submitted with the nomination shall be returned to that person.

12.3        Provisional members are entitled to:

(a)        such playing and social privileges and advantages of the Club as the Board may determine from time to time; and

(b)        introduce guests into the Club if the Provisional member is an applicant for a class of membership which is permitted to do so.

12.4        Provisional members are not entitled to:

(a)        attend or vote at general meetings (including Annual General Meetings) of the Club; or

(b)        nominate for or be elected to hold office on the Board;

(c)        vote in the election of the Board;

(d)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(e)        propose, second, or nominate any eligible member for any office of the Club;

(f)        propose, second or nominate any eligible member for Life membership.

13.        HONORARY MEMBERS

13.1        The following persons may be made Honorary members of the Club in accordance with procedures established by the Board from time to time:

(a)        the patron or patrons for the time being of the Club; or

(b)        any prominent citizen or local dignitary visiting the Club.

13.2        Honorary members who are Full members of the Club shall be entitled to the rights and privileges of the category of membership of which they are a Full member.

13.3        Honorary members who are not Full members of the Club are entitled to:

(a)        such playing and social privileges and advantages of the Club as the Board may determine from time to time; and

(b)        introduce guests to the Club.

13.4        Honorary members who are not Full members of the Club are not entitled to:

(a)        vote at any meeting of the Club; or

(b)        nominate for or be elected to the Board or any office in the Club;

(c)        vote in the election of the Board;

(d)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(e)        propose, second or nominate any eligible member for any office of the Club; or

(f)        propose, second or nominate any eligible member for Life membership.

13.5         Any member nominated for Honorary member must provide a National Police Check (or equivalent) with nomination.

14.        TEMPORARY MEMBERS

14.1        The following persons in accordance with procedures established by the Board may be made Temporary members of the Club:

(a)        Any person whose ordinary place of residence in New South Wales is not less than such minimum distance from the Club’s premises as may be prescribed by the Registered Clubs Act or such other greater distance as may be determined from time to time by the Board by By-law pursuant to this Constitution.

(b)        A full member (as defined in the Registered Clubs Act) of any registered club which has objects similar to those of the Club.

(c)        A full member (as defined in the Registered Clubs Act) of any registered club who, at the invitation of the Board of the Club, attends on any day at the premises of the Club for the purpose of participating in an organised sport or competition to be conducted by the Club on that day from the time on that day when he or she so attends the premises of the Club until the end of that day.

(d)        Any interstate or overseas visitor.

14.2        Temporary members shall not be required to pay a joining fee or annual subscription.

14.3        Temporary members are entitled to:

(a)        such playing and social privileges and advantages of the Club as the Board may determine from time to time; and

(b)        in accordance with Rule 25.12, introduce minors as guests.

14.4        Temporary members are not entitled to:

(a)        attend or vote at general meetings (including Annual General Meetings) of the Club;

(b)        nominate for or be elected to the Board;

(c)        vote in the election of the Board;

(d)        vote on any Special Resolution (including a Special Resolution to amend this Constitution);

(e)        propose, second or nominate any eligible member for any office of the Club; or

(f)        propose, second or nominate any eligible member for Life membership.

14.5        The Secretary or senior employee then on duty may terminate the membership of any Temporary member at any time without notice and without having to provide any reason.

14.6        No person under the age of eighteen (18) years may be admitted as a temporary member of the Club unless that person is a member of another registered club and satisfies the requirements of Rule 14.1(c).

15.        ELECTION OF MEMBERS

15.1        A person shall not be admitted as a Foundation member, Seven Day member, Seven Day Conditional member, Six Day member, Weekday member, Country member, Non-Playing member, Student member, Intermediate member, Junior member or Social member of the Club unless that person is elected to membership by a resolution of the Board of the Club, or a duly appointed election committee of the Club.

15.2        The names of the members present and voting at that Board or election committee meeting shall be recorded by the Secretary of the Club.  

15.3        The Board or election committee may reject any application for membership without giving any reason.

15.4        Every application for membership of the Club (which shall be a proposal for membership by the applicant) shall be in writing and shall be in such form as the Board may prescribe and shall contain the following particulars:

(a)        the full name of the applicant; and

(b)        the residential address of the applicant;

(c)        the date of birth of the applicant;

(d)        the occupation of the applicant;

(e)        a statement to the effect that the applicant agrees to be bound by the Constitution and By-laws of the Club;

(f)        the signature of the applicant and, in the case of a Junior member, the signature of the parent or guardian of the applicant;

(g)        such other particulars as may be prescribed by the Board from time to time.

15.5        Every form of application for membership shall be presented by the applicant to an authorised officer of the Club together with:

(a)        the joining fee (if any) and the appropriate subscription; and

(b)        evidence of a current driver’s licence or a current passport held by that applicant or such other form of identification as determined by the Board.

15.6        The authorised officer of the Club to whom the application for membership is presented shall compare the particulars of the applicant as appearing on the application with the particulars of that person as appearing in the evidence of identification. If the authorised officer is satisfied that the particulars of the applicant in the application and in the evidence of identification correspond, the authorised officer shall sign the application and shall cause the application to be sent to the Secretary.

15.7        A person whose application has been signed by an authorised officer of the Club in accordance with Rule 15.6 and who has paid the Club the joining fee (if any) and the first annual subscription for the class of membership applied for may become a Provisional member.

15.8        The full name and address of each applicant for membership shall be placed on the Club Notice Board and shall remain on the Club Notice Board for not less than seven (7) days.

15.9        An interval of at least fourteen (14) days shall elapse between the deposit at the office of the nomination form of a person for election and the election of that person to membership of the Club.

15.10        The Club shall not be required to notify a person if they have been elected to membership. If a person fails to be elected to membership the Secretary shall cause any joining fee and subscription paid by the person to be returned to that person.

16.        JOINING FEES, SUBSCRIPTIONS AND LEVIES

16.1        Joining fees, subscriptions, levies and other payments payable by members of the Club shall be such as the Board may from time to time determine provided that the annual subscription shall be not less than $2.00 (excluding Goods & Services Tax) or such other minimum subscription provided from time to time by the Registered Clubs Act.

16.2        Any member who has been a Seven Day member (or equivalent) for the preceding fifty (50) calendar years shall be entitled to a reduction in their subscription in such amount as may be determined by the Board.

16.3        In accordance with the Registered Clubs Act, the Board may from time to time, determine that subscriptions are payable by monthly, quarterly or half yearly instalments, in advance, or for more than one (1) year in advance.

16.4        Any person elected during the financial year of the Club to any class of membership shall pay such proportion of the annual subscription as may be determined by the Board from time to time provided that it is not less than $2.00 (excluding Goods & Services Tax) or such other minimum subscription provided from time to time by the Registered Clubs Act.

16.5        All joining fees, subscriptions, levies and other payments shall be due and payable on a date, or dates, determined by the Board from time to time.

16.6        Any person who has not paid his or her joining fee, subscription, levy or other payment by the due date shall cease to be entitled to the privileges of membership of the Club and by resolution of the Board may be removed from membership of the Club and the provisions of Rule 20.1 and Rule 20.2 shall not apply to such resolution.

16.7        The Secretary shall cause reasonable notice to be given in writing to each member of the due date for payment of the joining fee, subscription, levy or other payment in Rule 16.5.

17.        NON-FINANCIAL MEMBERS

17.1        Notwithstanding any Rule contained in this Constitution, any member who is not a Financial member shall not be entitled to:

(a)        attend at the premises or use any of the facilities of the Club for any purpose without the permission of the Board; or

(b)        participate in any of the recreational, social or sporting activities of the Club or any Sub club without the permission of the Board;

(c)        attend or vote at any meeting of the Club or any Sub club;

(d)        nominate or be elected or appointed to the Board or any committee of a Sub club;

(e)        vote in the election of the Board or any committee of a Sub club;

(f)        propose, second or nominate any eligible member for any office of the Club or any Sub club;

(g)        propose, second or nominate any eligible member for Life membership.

18.        REGISTERS OF MEMBERS AND GUESTS

18.1        The Club shall keep the following registers:

(a)        A register of persons who are Full members which shall be kept in accordance with section 31(1)(a) of the Registered Clubs Act.  This register shall set forth in respect of each of those members:

(i)        the name in full; and

(ii)        the occupation;

(iii)        the address;

(iv)        the date on which the entry of the member’s name in the register is made;

(v)        the date on which that member last paid the annual fee for membership of the Club (excluding Life members).

(b)        A register of persons who are Honorary members which shall be kept in accordance with Section 31(1)(b) of the Registered Clubs Act.  This register shall set forth in respect of each of those members:

(i)        the name in full or the surname and initials; and

(ii)        the address.

(c)        A register of persons who are Temporary members (other than Temporary members referred to in Rule 14.1(c)) which shall be kept in accordance with Section 31(1)(d) of the Registered Clubs Act.  This register shall set forth in respect of each of those members:

(i)        the name in full or the surname and initials; and

(ii)        the address;

(iii)        the signature of the member.

(d)        A register of persons of or over the age of eighteen (18) years who enter the premises of the Club as guests of members which shall be kept in accordance with Section 31(1)(c) of the Registered Clubs Act.  This register shall set forth in respect of each of those guests:

(i)        the name in full or the surname and initials; and

(ii)        the address;

(iii)        the date on which the entry of the guest’s name in the register is made;

(iv)        the signature of the member introducing the guest.

19.        ADDRESSES OF MEMBERS

19.1        Members must advise the Secretary of the Club of any change in their address within seven (7) days of changing their address as recorded in the register referred to in Rule 18.1(a).

20.        DISCIPLINARY PROCEEDINGS

20.1        Subject to Rule 20.2, the Board shall have power to reprimand, fine, suspend, expel or accept the resignation of any member, if that member:

(a)        in the reasonable opinion of the Board, has wilfully refused or neglected to comply with any of the provisions of this Constitution or any By-Law; or

(b)        is, in the reasonable opinion of the Board;

(i)        guilty of any conduct prejudicial to the interests of the Club; or

(ii)        guilty of conduct which is unbecoming of a member.

20.2        The following procedure shall apply to disciplinary proceedings of the Club:

(a)        A member shall be notified of:

(i)        any charge against the member pursuant to Rule 20.1; and

(ii)        the date, time and place of the meeting of the Board at which the charge is to be heard.

(b)        The member charged shall be notified of the matters in paragraph (a) of this Rule

20.2 by notice in writing by a prepaid letter sent by post to the member's last known address at least fourteen (14) days before the meeting of the Board at which the charge is to be heard.

(c)        The member charged shall be entitled to:

(i)        attend the meeting for the purpose of answering the charge; and

(ii)        submit to the meeting written representations for the purpose of answering the charge.

(d)        If the member fails to attend such meeting:

(i)        the charge may be heard and dealt with and the Board may decide on the evidence before it; and

(ii)        the Board may impose any penalties,

the member's absence notwithstanding, but having regard to any representations which may have been made to it in writing by the member charged.

(e)        After the Board has considered the evidence put before it, the Board must come to a decision as to whether the member is guilty or not of the charge.

(f)        When the Board has made a decision as to whether the member is guilty or not, if the member charged is at the meeting, the Board must inform the member of the Board’s decision.

(g)        If the member charged has been found guilty and is at the meeting, the member must be given a further opportunity at the meeting to address the Board in relation to an appropriate penalty for the charge of which the member has been found guilty.

(h)        No motion by the Board to reprimand, fine, suspend or expel a member shall be deemed to be passed unless a two-thirds majority of the directors present in person vote in favour of such motion by secret ballot.

(i)        The Board shall have the power to adjourn, for such period as it considers fit, a meeting pursuant to this Rule 20.

(j)        Any decision of the Board on such hearing shall be final and the Board shall not be required to give any reason for its decision.

20.3        If a notice of charge is issued to a member pursuant to Rule 20.2(a):

(a)        the Board by resolution; or

(b)        the Secretary (independently of the Board),

shall have power to suspend that member from all rights and privileges as a member of the Club until the charge is heard and determined or for five (5) weeks whichever is the sooner.  Such suspension shall be promptly notified in writing to the member concerned.

20.4        Subject to Rules 20.5 and 20.6, a member who:

(a)        incurs a debt to the Club; and

(b)        fails to discharge such debt within seven (7) days from service on that member of a notice from the Club in writing requiring payment thereof

may, by resolution of the Board, be suspended or expelled from membership.

20.5        A member shall be notified, by notice in writing sent by post to the member's last known address, at least fourteen (14) days before the meeting of the Board at which the resolution is to be considered of the Board’s intention to suspend or expel the member pursuant to Rule 20.4.

20.6        The provisions of Rules 20.1 and 20.2 shall not apply to any member suspended or expelled pursuant to Rule 20.4.

21.        DISCIPLINARY COMMITTEE

21.1        The Board may by resolution delegate all of the powers and functions given to the Board by Rule 20 to a Disciplinary Committee comprising not less than three (3) directors of the Club selected by the Board.

21.2        The Disciplinary Committee shall conduct its activities in accordance with the procedures referred to in Rule 20 save that:

(a)        a quorum of the Disciplinary Committee shall be three (3) directors of the Club; and

(b)        all references to the Board in Rule 20, except in Rule 20.2(j), shall be read as being references to the Disciplinary Committee.

21.3        The Board shall have power to review a decision of the Disciplinary Committee or order a fresh hearing of any matter determined by the Disciplinary Committee and shall have the power to impose any penalty permitted by Rule 20 on the member charged in substitution for that imposed by the Disciplinary Committee provided that:

(a)        the procedure set out in Rule 20 is followed; and

(b)        the member is notified that the Board is exercising the power under this Rule 21.3 within forty-two (42) days of the date on which the Disciplinary Committee meeting was held.

21.4        The Board shall have power by resolution to revoke any delegation to the Disciplinary Committee pursuant to Rule 21.1 and may hear and determine any charge against a member which by reason of the nature of or the seriousness of the allegations giving rise to the charge, or the identity of or the position or office held by the member, the Board considers that it would not be appropriate for the charge to be heard by the Disciplinary Committee.

22.        MEMBER UNDER SUSPENSION

22.1        Any member whose membership is suspended pursuant to Rules 20 or 21 shall during the period of such suspension not be entitled to:

(a)        attend at the premises or use any of the facilities of the Club for any purpose without the permission of the Board; or

(b)        participate in any of the recreational, social or sporting activities of the Club or any Sub club without the permission of the Board;

(c)        attend or vote at any meeting of the Club or any Sub club;

(d)        nominate or be elected or appointed to the Board or any committee of a Sub club;

(e)        vote in the election of the Board or any committee of a Sub club;

(f)        propose, second or nominate any eligible member for any office of the Club or any Sub club;

(g)        propose, second or nominate any eligible member for Life membership.

23.        REMOVAL OF PERSONS FROM THE PREMISES OF THE CLUB

23.1        In addition to any powers under Section 77 of the Liquor Act, the Secretary or, subject to Rule 23.5, an employee of the Club may refuse to admit to the Club and may turn out, or cause to be turned out, of the premises of the Club any person including any member:

(a)        who is then intoxicated, violent, quarrelsome or disorderly; or

(b)        who, for the purposes of prostitution, engages or uses any part of the premises of the Club;

(c)        whose presence on the premises of the Club renders the Club or the Secretary liable to a penalty under the Registered Clubs Act or the Liquor Act;

(d)        who hawks, peddles or sells any goods on the premises of the Club;

(e)        who, within the meaning of the Smoke-free Environment Act, smokes while on any part of the premises that is smoke-free.

(f)        who uses, or has in his or her possession, while on the premises of the Club any substance that the Secretary suspects of being a prohibited drug or prohibited plant.

(g)        whom the Club, under the conditions of its club licence, or a term of a liquor accord, is authorised or required to refuse access to the Club.

23.2        If pursuant to Rule 23.1 a person (including a member) has been refused admission to, or has been turned out of, the premises of the Club, the Secretary of the Club or (subject to Rule 23.5) an employee of the Club, may at any subsequent time, refuse to admit that person into the premises of the Club or may turn the person out, or cause the person to be turned out of the premises of the Club.

23.3        Without limiting Rule 23.2, if a person has been refused admission to or turned out of the Club in accordance with Rule 23.1(a), the person must not re-enter or attempt to re-enter the Club within twenty four (24) hours of being refused admission or being turned out.

23.4        Without limiting Rule 23.2, if a person has been refused admission to or turned out of the Club in accordance with Rule 23.1(a), the person must not:

(a)        remain in the vicinity of the Club; or

(b)        re-enter the vicinity of the Club within six (6) hours of being refused admission or being turned out.

23.5        Without limiting the provisions of Section 77 of the Liquor Act the employees who under this Constitution are entitled to exercise the powers set out in this Rule shall be:

(a)        in the absence of the Secretary from the premises of the Club the senior employee then on duty; or

(b)        any employee authorised by the Secretary to exercise such power.

24.        RESIGNATION AND CESSATION OF MEMBERSHIP

24.1        A member may at any time resign from his or her membership of the Club by either:

(a)        giving notice in writing to the Secretary; or

(b)        returning his or her membership card to an officer of the Club and clearly indicating to the officer that he or she resigns from membership.

24.2        A resignation pursuant to Rule 24.1 shall take effect from the date on which the notice is received by the Secretary or the date on which the membership card is received by the officer of the Club.

24.3        Any member who has resigned pursuant to 24.1 will not be entitled to any refund of any joining fee, subscription, levy or other payment made to the Club.

25.        GUESTS

25.1        Subject to Rule 25.2, all members (other than Junior members) shall have the privilege of introducing guests to the Club.

25.2        A Temporary member may introduce a guest only in accordance with Rule 25.12.

25.3        Unless the guest is a minor, on each day a member first brings a guest into the Club that member shall enter in the Register of Guests the particulars required by Rule 18.1.

25.4        No member shall introduce guests more frequently or in greater number than may for the time being be provided by By-law.

25.5        No member shall introduce any person as a guest:

(a)        who has been expelled from the Club pursuant to Rules 20 or 21; or

(b)        whose membership is then suspended pursuant to Rules 20 or 21;

(c)        who is then refused admission to or being turned out of the Club pursuant to Rule 23.

25.6        Members shall be responsible for the conduct of any guests they may introduce to the Club.

25.7        The Board shall have power to make By-laws from time to time not inconsistent with this Constitution or the Registered Clubs Act regulating the terms and conditions on which guests may be admitted to the Club.

25.8        No guest shall be supplied with liquor on the premises of the Club except on the invitation of and in the company of a member.

25.9        A guest shall at all times remain in the reasonable company of the member who countersigned the entry in the Register of Guests in respect of that guest.

25.10        A guest shall not remain on the premises of the Club any longer than the member who countersigned the entry in the Register of Guests in respect of that guest.

25.11        The Secretary or senior employee then on duty may refuse a guest of a member admission to the Club or require a guest of a member to leave the premises of the Club (or any part thereof) without giving any reason.

25.12        A Temporary member may bring into the non restricted areas of the Club premises as the guest of that Temporary member a minor:

(a)        who at all times while on the Club premises remains in the company and immediate presence of that Temporary member; and

(b)        who does not remain on the Club premises any longer than that Temporary member;

(c)        in relation to whom the member is a responsible adult.

25.13        For the purposes of Rule 25.12(c), “responsible adult” means an adult who is:

(a)        a parent, step-parent or guardian of the minor; or

(b)        the minor’s spouse or de facto partner;

(c)        for the time being, standing in as the parent of the minor.

26.        PATRONS

26.1        The members in general meeting may appoint a Patron or Patrons from time to time upon a recommendation being made by the Board to the meeting.

26.2        If such Patron or Patrons are not members of the Club they shall thereupon be deemed to be Honorary members of the Club and, subject to this Constitution, shall remain Honorary members while they remain Patron.

27.        BOARD OF DIRECTORS

27.1        Subject to Rule 35, the Board shall consist of nine (9) directors who shall comprise a President, Captain, Treasurer and six (6) ordinary directors.

27.2        The Board shall be elected triennially in accordance with Schedule 4 of the Registered Clubs Act (which is set out below):

SCHEDULE 4

DEFINITIONS

1.        In this Schedule -

        "general meeting" means a meeting of the members of the club at which members of the governing body are to be elected;

        "triennial rule" means the rule of the club that provides for the election of members of the governing body in accordance with this Schedule;

        "year" means the period between successive general meetings.

2.        Repealed.

First general meeting under triennial rule

3.        (1)        The members elected to the governing body at the first general meeting at which the triennial rule applies shall be divided into 3 groups.

        (2)        The groups -

                        (a)        shall be determined by drawing lots; and

                        (b)        shall be as nearly as practicable equal in number; and

                        (c)        shall be designated as group 1, group 2 and group 3.

        (3)        Unless otherwise disqualified, the members of the governing body -

                        (a)        in group 1 shall hold office for 1 year; and

                        (b)        in group 2 shall hold office for 2 years; and

                        (c)        in group 3 shall hold office for 3 years.

Subsequent general meetings

4.        At each general meeting held while the triennial rule is in force (other than the first such meeting) the number of the members required to fill vacancies on the governing body shall be elected and shall, unless otherwise disqualified, hold office for 3 years.

Casual vacancies

5.        (1)        A person who fills a casual vacancy in the office of a member of the governing body elected in accordance with this Schedule shall, unless otherwise disqualified, hold office until the next succeeding general meeting.

        (2)        The vacancy caused at a general meeting by a person ceasing to hold office under subclause (1) shall be filled by election at the general meeting and the person elected shall, unless otherwise disqualified, hold office for the residue of the term of office of the person who caused the casual vacancy initially filled by the person who ceased to hold office at the general meeting.

Re-election

6.        A person whose term of office as a member of the governing body under the triennial rule expires is not for that reason ineligible for election for a further term.

Revocation of triennial rule

7.        If the triennial rule is revoked -

        (a)        at a general meeting - all the members of the governing body cease to hold office; or

        (b)        at a meeting other than a general meeting - all the members of the governing body cease to hold office at the next succeeding general meeting,

        and an election shall be held at the meeting to elect the members of the governing body.”

27.3        Subject to Rules 27.1 and 27.4, the following members shall be entitled to stand for and be elected or appointed to the Board:

(a)        Life members; and

(b)        Foundation members;

(c)        Seven Day members;

(d)        Seven Day Conditional members.

27.4        A member who is:

(a)        an employee; or

(b)        currently under suspension pursuant to Rules 20 or 21;

(c)        not a Financial member,

shall not be eligible to stand for or be elected or appointed to the Board.

27.5        Any person who is elected or appointed to the Board must, unless exempted, complete such mandatory training for directors as required by the Regulations made under the Registered Clubs Act.

27.6        Any member nominated for election to the Board or appointed to the Board must provide a National Police Check (or equivalent) and Working with Children clearance (or equivalent)

28.        ELECTION OF BOARD

28.1        The election of the Board shall be conducted in the following manner:

(a)        The Board shall appoint a Returning Officer and at least two (2) scrutineers to take charge of the ballot. A candidate for any position shall not be appointed as the Returning Officer or as a scrutineer.

(b)        Notice of the date and time of the last day for receiving nominations for office in accordance with paragraph (c) of this Rule 28.1 shall be prominently posted on the Club Notice Board at least twenty-one (21) days prior to the date fixed for the Annual General Meeting.

(c)        Nominations shall close at least seven (7) days prior to the date fixed for the Annual General Meeting and must be delivered to the Secretary on or before that date.

(d)        Nominations for election to the Board shall be made in writing and signed by one and seconded by another Foundation member, Seven Day member, Seven Day Conditional member or Life member and signed by the nominee who shall thereby signify his or her consent to the nomination.

(e)        A nomination can be withdrawn at any time prior to the close of nominations.

(f)        An eligible member may be nominated for more than one office.

(g)        The Secretary shall post the name of the candidate and his or her proposers on the Club Notice Board.

(h)        If the full number of candidates for the various positions on the Board is not nominated then those candidates who are nominated shall be declared elected to the relevant positions and any positions not so filled shall be casual vacancies and may be filled in accordance with Rule 35.3.

(i)        If there be only the requisite number nominated for the various positions those candidates shall be declared duly elected.

(j)        If there be more than the required number nominated for any position an election by secret ballot shall take place in respect of that position.

(k)        If a member who has been nominated for more than one office is elected to a senior office, the member shall be eliminated from the election for the junior office. For the purposes of this Rule 28.1 the order of seniority shall be:

(i)        President

(ii)        Captain

(iii)        Treasurer

(iv)        Ordinary director

(l)        The Returning Officer shall supervise the preparation of ballot papers.

(m)        The order in which names appear on the ballot paper shall be determined by lot.

(n)        The ballot shall be conducted during such times as shall be determined by the Board from time to time.

(o)        The Returning Officer shall supervise the issue of ballot papers.

(p)        Members shall record their vote in such manner as may be prescribed by the Board from time to time. Failure to comply with those requirements shall render the vote invalid.

(q)        Members shall place their ballot papers in the ballot box provided at the Club.

(r)        The Returning Officer shall supervise the safe custody of ballot papers returned.

(s)        The Returning Officer shall supervise the examination of ballot papers.

(t)        The decision of the Returning Officer as to the formality or informality of any vote shall be final.

(u)        The Returning Officer shall supervise the counting of votes.

(v)        In the event of an equality of votes, the Returning Officer shall draw lots between the candidates and the candidate who is drawn first shall be declared elected to that position.

(w)        The Returning Officer shall report the result of the ballot to the meeting.

(x)        If the Returning Officer is not present, a scrutineer shall perform the duties of the Returning Officer set out in this Rule 28.1.

(y)        The Board may, at any time, engage the services of a professional electoral consultant or company to perform, or assist in performing, any or all of the duties of the Returning Officer or scrutineers set out in this Rule 28.1.

28.2        The Board shall have the power to make by-laws regulating all matters in connection with the election of the Board that are not inconsistent with Rule 28.1.

29.        POWERS OF THE BOARD

29.1        The Board shall be responsible for the management of the business and affairs of the Club.

GENERAL POWERS

29.2        The Board may exercise its powers and do all such acts and things as the Club is by this Constitution or otherwise authorised to exercise and do and which are not hereby or by statute directed or required to be exercised or done by the Club in general meeting.

SPECIFIC POWERS

29.3        Without limiting the general powers conferred by Rule 29.2, the Board shall have power from time to time to:

(a)        make, alter and repeal By-Laws pursuant to Rule 29.17.

(b)        enforce or procure the enforcement of all By-Laws by suspension from enjoyment of the Club privileges or any of them or otherwise as the Board thinks fit.

(c)        purchase or otherwise acquire for the Club any property rights or privileges which the Club is authorised to acquire at such price and generally on such terms and conditions as it shall think fit.

(d)        secure the fulfilment of any contract or engagement entered into by the Club by mortgaging or charging all or any of the property of the Club as may be thought fit.

(e)        institute, conduct, defend, compound or abandon any legal proceedings by or against the Club or its officers or otherwise concerning the affairs of the Club and also to compound or allow time for payment and satisfaction of any debts due to any claims or demands by or against the Club and to refer any claims or demands by or against the Club to arbitration and to observe and perform the award.

(f)        determine who shall be entitled to sign or endorse on the Club's behalf contracts, receipts, acceptances, cheques, bills of exchange, promissory notes and other documents or instruments.

(g)        invest and deal with any of the moneys of the Club not immediately required for the purposes of the Club upon such securities and in such manner as the Board may think fit and from time to time to vary or realise such investments.

(h)        borrow or secure the payment of any sum or sums of money for the purposes of the Club and raise or secure the payment of such sum or sums in such manner and upon such terms and conditions in all respects as it shall think fit and to give security including by way of mortgage and/or charge upon or over all or any part of the Club's property both present and future.

(i)        subject to paragraph (j) of this Rule, sell, lease, exchange or otherwise dispose of any furniture, fittings, equipment, plant, goods or other rights (property or otherwise).

(j)        sell, lease, exchange or otherwise dispose of any land belonging to the Club provided that the power of the Board to dispose of any land shall be subject to the requirements of the Liquor Act and the Registered Clubs Act.

(k)        appoint, discharge and arrange the duties and powers of the Secretary, to determine the remuneration and terms of employment of the Secretary, and to specify and define the duties of the Secretary.

(l)        engage, appoint, control, remove, discharge, suspend, determine and dismiss managers, employees, officers, representatives and agents in respect to permanent, temporary or special services and to determine the duties, pay, salary or other remuneration.  The Board may delegate these powers (or any of them) to the Secretary or other officer or committee of the Club.

(m)        impose levies on all members.

(n)        set the joining fees, subscriptions and other payments payable by all members.

(o)        fix the maximum number of persons who may be admitted to each class of membership of the Club in accordance with this Constitution.

(p)        affiliate with any sporting club or sporting association whether incorporated or unincorporated and in accordance with this Constitution nominate members to represent the Club on such sporting club, or sporting association.

COMMITTEES

29.4        Without limiting the general powers conferred by Rule 29.2, the Board shall have power to delegate any of its powers to committees consisting of any:

(a)        director; or

(b)        member;

(c)        employee;

(d)        person who is not a member but who has a particular skill or expertise which they will apply to a committee;

or any combination thereof. The Board shall also have the power to revoke any such delegation.

(e)        Any member appointed to a position on a committee related to minors must provide a Working with Children clearance (or equivalent).

29.5        Any committee so formed shall, in the exercise of the powers so delegated, conform to any regulation or restriction that the Board may impose.

29.6        The President shall be a member of all such committees and may nominate a person or persons to represent him or her on one or more of those committees.

29.7        The meetings and proceedings of any committee consisting of two or more persons shall be governed by the provisions herein contained for regulating the meetings and proceedings of the Board so far as the same are applicable thereto and are not superseded by this Rule 29 or by any by-law made by the Board pursuant to this Rule 29.

29.8        The quorum for a meeting of any committee shall be a majority of the committee members.

29.9        Any committee shall make minutes of its meetings and will forthwith submit those minutes to the Board and the Board will retain those minutes as if they were minutes of the Board.

SUB CLUBS

29.10        Without limiting the general powers conferred by Rule 29.2, the Board shall have power to:

(a)        establish Sub clubs with such rules (including objects, powers and membership qualifications) as the Board may determine; and

(b)        allow Sub clubs established pursuant to this Rule 29.10 or those already in existence, to conduct, manage and control sport or other activities for which they were respectively established;

(c)        allow Sub clubs to create by-laws for the control and regulation of the sporting or other activities for which they are respectively established;

(d)        permit Sub clubs to adopt a name (provided it be described as a Sub club of the Club);

(e)        allow Sub clubs to become affiliated with the bodies controlling sports or other activities on such terms and conditions (not inconsistent with this Constitution or the Registered Clubs Act) as such controlling bodies may require and to pay on behalf of the Club capitation or affiliation fees to any such controlling bodies or as required by such bodies.

29.11        Any of the Sub clubs established pursuant to Rule 29.10 or those already in existence must conform to any regulation or restriction that the Board may impose.

29.12        The President shall be a member of all the committees of Sub clubs and may nominate a person or persons to represent him or her on one or more of those committees.

29.13        Subject to the general control and supervision of the Board, each Sub club may manage its own affairs but shall:

(a)        make regular reports to the Board (or otherwise as may be required by the Board); and

(b)        submit copies of all minutes and records to the Board for the purposes of Rules 38 and 39.

29.14        The Board may empower each Sub club to open and operate a bank account in the name of the Sub club in such bank or banks as the Board may approve provided that the persons eligible to operate upon any such account shall be approved by the Board which may remove and replace such persons or any of them.

29.15        The rules of each Sub club may be amended by the members of the Sub club provided that no amendment proposed or approved by the members of the Sub club shall have effect unless and until it is approved by resolution of the Board.

29.16        Any disciplinary action taken by a Sub club in respect of any member of the Sub club shall be promptly reported to the Board together with the reasons for the action.

BY-LAWS

29.17        The Board may make such By-laws not inconsistent with this Constitution as are necessary or desirable for the proper conduct and management of the Club and may amend or repeal any such By-laws.

29.18        Without limiting the generality of Rule 29.17 the Board may regulate:

(a)        such matters as the Board is specifically by this Constitution empowered to regulate by By-law; and

(b)        the operations of the Club;

(c)        the control and use of the Club’s premises;

(d)        the control and management of competitions;

(e)        the conduct of members and guests of members;

(f)        the playing and social privileges of each category of membership;

(g)        the conduct of members in relation to Club employees;

(h)        generally, all such matters as are commonly the subject matter of a constitution or by-laws or made under a constitution or which by this Constitution are not reserved for decision by the Club in general meeting.

29.19        Any By-law made under Rule 29.17 or any other Rule shall come into force and be fully operative upon the posting of an appropriate notice containing such By-law on the Club Notice Board.

29.20        The Board shall cause a copy of all By-laws to be made available to any member on request and without charge to that member.

30.        PROCEEDINGS OF THE BOARD

30.1        The Board may meet together for the dispatch of business, adjourn and otherwise regulate its meetings as it thinks fit provided that the Board shall meet at least once in each calendar month for the transaction of business.

30.2        A record of all members of the Board present at each Board meeting and of all resolutions and proceedings of the Board at such meeting shall be entered in a minute book provided for that purpose.

30.3        The President shall be entitled to take the chair at every meeting of the Board.  If the President is not present within fifteen (15) minutes from the time appointed for the start of the meeting or is unwilling or unable to act then the Captain shall take the chair of the meeting.  If the Captain is not present within fifteen (15) minutes of the time appointed for the start of the meeting or is unwilling or unable to act then the directors present shall elect one of their number to take the chair for that meeting.  

30.4        The quorum for a meeting of the Board shall be five (5) members of the Board.

30.5        The President or Captain may at any time and the Secretary upon the request of not less than three (3) directors shall convene a meeting of the Board.

30.6        Subject to this Constitution questions arising at any meeting of the Board shall be decided by a majority of votes and a determination by a majority of the Board shall for all purposes be deemed a determination of the Board.  In case of an equality of votes the chairperson of the meeting shall have a second or casting vote.

30.7        All acts done by any meeting of the Board or of a committee or by any person acting as a member of the Board shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the Board or person acting as aforesaid, or that the members of the Board or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of the Board.

30.8        A resolution in writing signed by all the directors shall be as valid and effectual as if it had been passed at a meeting of the Board duly convened and held.  Any such resolution may consist of several documents in like form each signed by one or more directors.  The resolution shall be passed when the last director signs the document containing the resolution.

30.9        A meeting of the Board may be called or held using any technology consented to by all the directors.  The consent may be a standing one.  A director may only withdraw his or her consent within a reasonable period before the meeting.

31.        DECLARATIONS OF INTERESTS BY DIRECTORS

31.1        Any director who has a material personal interest in a matter that relates to the affairs of the Club must, as soon as practicable after the relevant facts have come to the director’s knowledge and in accordance with Section 41C of the Registered Clubs Act:

(a)        declare the nature of the interest at a meeting of the Board; and

(b)        comply with Rule 31.6.

31.2        Any director who has or acquires a financial interest in respect of a hotel must in accordance with Section 41D of the Registered Clubs Act give a written declaration of that interest to the Secretary of the Club within fourteen (14) days.

31.3        A director must, in accordance with Section 41E of the Registered Clubs Act, declare any gift or remuneration received from an affiliated body (as defined in the Registered Clubs Act) if the value of the gift or the amount of the remuneration exceeds such amount as may be prescribed by the Registered Clubs Act.

31.4        A director must, in accordance with Section 41F of the Registered Clubs Act, submit a written return in each year to the Club declaring any gift or remuneration received by that director from a person or organisation that is party to a contract or commercial arrangement with the Club if the value of the gift or the amount of the remuneration exceeds such amount as may be prescribed by the Registered Clubs Act.

31.5        Rules 31.1 to 31.4 inclusive do not limit the provisions of the Registered Clubs Act referred to in those Rules.

PROHIBITION ON DIRECTORS WITH MATERIAL INTEREST FROM VOTING

31.6        Subject to Section 195 of the Act, a director who has a material personal interest in a matter that is being considered at a meeting of the Board, or of the Directors of the Club:

(a)        must not vote on the matter; and

(b)        must not be present while the matter is being considered at the meeting.

32.        CONTRACTS WITH DIRECTORS

32.1        In accordance with Section 41K of the Registered Clubs Act, the Club must not enter into a commercial arrangement or a contract with a director or with a company or other body in which a director has a pecuniary interest, unless the proposed commercial arrangement or contract is first approved by the Board.

32.2        A “pecuniary interest” in a company for the purposes of Rule 32.1 does not include any interest exempted by the Registered Clubs Act.  

33.        CONTRACTS WITH SECRETARY

33.1        Subject to Rule 33.2, the Club must not enter into a commercial arrangement or contract for the provision of goods or services with:

(a)        the Secretary; or

(b)        any close relative (as defined in the Registered Clubs Act) of the Secretary;

(c)        any company or other body in which the Secretary or a close relative of the Secretary has a controlling interest (as defined in the Registered Clubs Act).

33.2        Rule 33.1 does not prevent the Club entering into a contract with any of the above persons which is:

(a)        a contract of employment; or

(b)        otherwise permitted by the Registered Clubs Act.

34.        REMOVAL FROM OFFICE OF DIRECTORS

34.1        The members in general meeting may by ordinary resolution:

(a)        remove from office any director, directors or the whole of the Board before the expiration of his or her or their period of office; and

(b)        appoint another person or persons in his or her or their stead provided any person so appointed is eligible to be a director in accordance with this Constitution.  

34.2        Any person appointed pursuant to paragraph 34.1(b) shall hold office for the remainder of the term of office of the person he or she replaces.

34.3        Notice of the intention to move a resolution to remove a member of the Board from office must be given to the Club at least two (2) months before the meeting at which the resolution is to be considered and voted on.  The provisions of Section 203D of the Act shall be followed in relation to that meeting.

35.        VACANCIES ON BOARD

35.1        The office of a member of the Board shall automatically be vacated if the person holding that office:

(a)        is disqualified for any reason referred to in Section 206B of the Act.

(b)        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.

(c)        is absent from meetings of the Board for a continuous period of three (3) months without leave of absence from the Board and the Board resolves that the office be vacated.

(d)        by notice in writing given to the Secretary resigns from office as a director.

(e)        becomes prohibited from being a member of the Board by reason of any order or declaration made under the Act, the Registered Clubs Act or the Liquor Act.

(f)        ceases to be a member of the Club.

(g)        becomes an employee of the Club.

(h)        if, for the purposes of Rule 27.5, the person fails complete the mandatory training requirements referred to in that Rule within the prescribed period (unless exempted).

35.2        The continuing directors on the Board may act notwithstanding any vacancy on the Board, but if and so long as their number is reduced below the number fixed by this Constitution as the necessary quorum of the Board, the continuing director or directors may act for the purpose of increasing the number of directors on the Board to that number or of summoning a general meeting of the Club, but for no other purpose.

FILLING CASUAL VACANCY

35.3        The Board shall have power at any time and from time to time, to appoint any eligible person to the Board to fill a casual vacancy.  The person so appointed shall hold office only until the conclusion of the following Annual General Meeting.

36.        GENERAL MEETINGS

36.1        A general meeting of the members of the Club must be held for a proper purpose.

36.2        A general meeting called the Annual General Meeting shall be held once at least in every calendar year at such time and place as may be determined by the Board but within five (5) months of the close of the financial year.  All meetings other than Annual General Meetings shall be called general meetings.

36.3        The Board may whenever it considers fit call and arrange to hold a general meeting of the Club.

36.4        (a)        Subject to this Rule 36, the Board must call and arrange to hold a general meeting of the Club on the request of either:

(i)        members with at least 5% of the votes that may be cast at the general meeting; or

(ii)        at least one hundred (100) members who are entitled to vote at the general meeting.

(b)        In this Rule 36.4 the term "the request" shall mean the request referred to in paragraph (a).

(c)        The request must:

(i)        be in writing; and

(ii)        state any resolution to be proposed at the meeting;

(iii)        be signed by the members making the request;

(iv)        be given to the Secretary.

(d)        Separate copies of a document setting out the request may be used for signing by the members if the wording of the request is identical in each copy.

(e)        The Board must call the meeting within twenty one (21) days after the request is given to the Secretary.  The meeting is to be held not later than two (2) months after the request is given to the Secretary.

(f)        Members with more than 50% of the votes of all the members who make the request may call and arrange to hold a general meeting if the Board do not do so within twenty one (21) days after the request is given to the Secretary.

(g)        The meeting referred to in paragraph (f) of this Rule 36.4 must be called in the same way, so far as is possible, in which general meetings of the Club may be called.  The meeting must be held not later than three (3) months after the request is given to the Club.

(h)        To call the meeting the members requesting the meeting may ask the Secretary for a copy of the register of members and the Secretary must give the members the copy of the register of members without charge.

NOTICE OF GENERAL MEETINGS

36.5        At least twenty one (21) days notice in writing of any general meeting of the members of the Club (including an Annual General Meeting) must be given to all Full members who are entitled to attend and vote at that meeting and to the auditor.

36.6        A notice of a general meeting of the members of the Club (including an Annual General Meeting) must:

(a)        set out the place, date and time of the meeting; and

(b)        state the general nature of the meeting's business;

(c)        if a special resolution is to be proposed at the meeting - set out an intention to propose the special resolution and state the resolution.

36.7        Neither:

(a)        the accidental omission to give notice of a meeting; nor

(b)        the non receipt by any person of notice of a meeting;

shall invalidate any proceedings at such meeting unless pursuant to Section 1322 of the Act such proceedings are declared to be void.

ANNUAL GENERAL MEETINGS

36.8        The business of the Annual General Meeting shall be as follows:

(a)        to receive and consider the minutes of the previous Annual General Meeting and the minutes of any other general meeting requiring confirmation; and

(b)        to receive and consider the reports referred to in Rule 39.4;

(c)        to declare the results of the election of directors to the vacancies on the Board caused by the operation of the triennial rule referred to in clause 27.2;

(d)        to appoint an auditor or auditors in the event that there be a vacancy in the office of Auditor;

(e)        to approve the payment of honorariums (if any);

(f)        to deal with any other business the general nature of which has been notified to the members in writing not less than twenty-one (21) days prior to the meeting.

36.9        The chairperson of the Annual General Meeting must allow a reasonable opportunity for the members as a whole at the meeting to ask questions about or make comments on the management of the Club.

36.10        If the Club's auditor or a representative of the Club's auditor is at the meeting, the chairperson of the Annual General Meeting must allow a reasonable opportunity for the members as a whole at the meeting to ask the auditor or the auditor's representative questions relevant to the conduct of the audit and the preparation and conduct of the auditor's report.

AUDITOR'S RIGHT TO BE HEARD AT GENERAL MEETINGS

36.11        The Club's auditor shall be given notice of all general meetings at the same time as such notice is given to the members and is entitled to attend any general meeting of the Club.

36.12        The auditor is entitled to be heard at the meeting on any part of the business of the meeting that concerns the auditor in their capacity as auditor.

36.13        The auditor is entitled to be heard even if:

(a)        the auditor retires at the meeting; or

(b)        the meeting passes a resolution to remove the auditor from office.

36.14        The auditor may authorise a person in writing as their representative for the purpose of attending and speaking at any general meeting.

CHAIR AT GENERAL MEETINGS

36.15        The President shall be entitled to take the chair at every general meeting.

36.16        If the President within fifteen (15) minutes from the time appointed for the start of the general meeting or is unwilling or unable to act then the Captain shall preside as chairperson of the meeting.  

36.17        If the Captain is not n present within fifteen (15) minutes from the time appointed for the start of the general meeting or is unwilling or unable to act then the members of the Club present shall elect a member of the Board to preside as chairperson of the meeting.

36.18        If a member of the Board is not present within fifteen (15) minutes from the time appointed for the start of the general meeting or is unwilling or unable to act then the members of the Club present shall elect a member to preside as chairperson of the meeting.

ATTENDANCE AND VOTING AT GENERAL MEETINGS

36.19        Subject to the Registered Clubs Act and Gaming Machines Act, Life members, Foundation members, Seven Day members and Seven Day Conditional members are entitled to attend and vote at a general meeting (and an Annual General Meeting) of the Club. Notwithstanding this, Six Day members, Weekday members, Country members, Non-Playing members, Student members, Intermediate members and Social members are entitled to attend a general meeting (and an Annual General Meeting) of the Club if, at that general meeting (or Annual General Meeting) either of the following resolutions are proposed:

(a)        an ordinary resolution which proposes an honorarium to a member in respect of his

or her services as a member of the Board or of any committee of the Board; or

(b)        an ordinary resolution to remove a director or directors and appoint a director or directors in accordance with Rule 34,

however, those members shall only be entitled to participate and vote on the above resolutions and shall not be entitled to participate or vote in respect of any other matter that may be dealt with at the general meeting (or Annual General Meeting).

36.20        A person shall not:

(a)        attend or vote at any meeting of the Club or of the Board or of any committee thereof; or

(b)        vote at any election including an election of a member or of the Board,

as the proxy of another person.

36.21        Every member eligible to vote shall be entitled to vote on a show of hands and on the taking of a poll and shall have one vote.

36.22        In the case of an equality of votes, whether on a show of hands or on a poll, the chairperson of the meeting shall have a second or casting vote.

36.23        No member of the Club who is an employee of the Club shall be eligible to vote at any meeting of the Club.

36.24        Subject to this Constitution, every question and ordinary resolution submitted to a meeting shall be decided by a simple majority of votes from those members present and voting at the meeting.

36.25        Voting shall be on a show of hands unless a poll is demanded.

36.26        Five (5) members or the chairperson may demand a poll.

36.27        A demand for a poll may be withdrawn.

36.28        If a poll is demanded it shall be taken in such manner and either at once or after the interval or adjournment or otherwise as the chairperson directs.

36.29        The result of the poll shall be the resolution of the meeting at which the poll was demanded.

36.30        A poll demanded on the election of the chairperson or on a question of adjournment shall be taken immediately.

36.31        At any general meeting (unless a poll is demanded) a declaration by the chairperson that:

(a)        a resolution has been carried or carried by a particular majority or lost or not carried by a particular majority; and

(b)        an entry to that effect in the book containing the minutes of the proceedings of the Club,

shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.

QUORUM FOR GENERAL MEETINGS

36.32        No business shall be transacted at any general meeting of members unless a quorum of members is present.

36.33        At any general meeting of the Club (including an Annual General Meeting), twenty (20) members present in person and eligible to vote shall be a quorum.

36.34        If a quorum is not present within fifteen (15) minutes after the time appointed for the commencement of the meeting, the meeting shall:

(a)        be dissolved if it was convened at the request of members pursuant to Rule 36.4; or

(b)        stand adjourned to the same day in the next week at the same time and place.  

36.35        If at any meeting adjourned pursuant to Rule 36.34(b) a quorum is not present, the members present shall be a quorum and may transact any business for which the meeting was called.

ADJOURNMENT OF GENERAL MEETINGS

36.36        The chairperson of a meeting may with the consent of the meeting (and shall if so directed by the meeting) adjourn the meeting from time to time and from place to place.  

36.37        No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.  

36.38        A resolution passed at an adjourned meeting is passed on the day it was passed and shall not be deemed to have been passed on any earlier day.  

36.39        It shall not be necessary to give any notice of an adjourned meeting or of the business to be transacted at an adjourned meeting except when a meeting is adjourned for thirty (30) days or more, when notice of the adjourned meeting shall be given as in the case of an original meeting.

37.        MEMBERS’ RESOLUTIONS AND STATEMENTS

RESOLUTIONS FROM INDIVIDUAL MEMBERS

37.1        Notwithstanding Rules 37.3 to 37.12, individual members may submit items of business and notices of motion which they wish to have included in the business of the Annual General Meeting.  All such items of business and notices of motion must be in writing and received by the Secretary at least forty-two (42) days prior to the date fixed for such Annual General Meeting.

37.2        The Secretary shall cause all items of business and notices of motion referred to in Rule 37.1 to be presented to the Board and the Board shall have absolute discretion as to whether to include those items of business and/or notices of motion in the Notice of the Annual General Meeting that is sent to members.

MEMBERS’ RESOLUTIONS

37.3        Subject to Rules 37.4 to 37.11 inclusive, the following may give the Secretary notice of a resolution that they propose to move at a general meeting:

(a)        members with at least 5% of the votes that may be cast on the resolution; or

(b)        at least one hundred (100) members who are entitled to vote at a general meeting.

37.4        The notice must:

(a)        be in writing; and

(b)        set out the wording of the proposed resolution;

(c)        be signed by the members proposing to move the resolution.

37.5        Separate copies of a document setting out the notice may be used for signing by members if the wording of the notice is identical in each copy.

37.6        The percentage of votes that members have is to be worked out as at the midnight before the members give the notice to the Secretary.

37.7        If the Secretary has been given notice of a resolution under Rule 37.3, the resolution is to be considered at the next general meeting that occurs more than two (2) months after the notice is given.

37.8        The Club must give all its members notice of the resolution at the same time, or as soon as practicable afterwards, and in the same way, as it gives notice of a meeting.

37.9        The Club is responsible for the cost of giving members notice of the resolution if the Club receives the notice in time to send it out to members with the notice of meeting.

37.10        The members requesting the resolution are jointly and individually liable for the expenses reasonably incurred by the Club in giving members notice of the resolution if the Club does not receive the members' notice in time to send it out with the notice of meeting.  At a general meeting, the members present and entitled to vote may resolve that the Club meet the expenses itself.

37.11        The Club need not give notice of the resolution:

(a)        if it is more than 1,000 words long or defamatory; or

(b)        if the members making the request are to bear the expenses of sending the notice out - unless the members give the Club a sum reasonably sufficient to meet the expenses that it will reasonably incur in giving the notice.

MEMBERS’ STATEMENTS

37.12        Subject to Rules 37.13 to 37.20 inclusive, members may request the Club to give to all its members a statement provided by the members making the request about:

(a)        a resolution that is proposed to be moved at a general meeting; or

(b)        any other matter that may be properly considered at a general meeting.

37.13        The request must be made by either:

(a)        members with at least 5% of the votes that may be cast on the resolution; or

(b)        at least one hundred (100) members who are entitled to vote at the meeting.

37.14        The request must be:

(a)        in writing; and

(b)        signed by the members making the request;

(c)        given to the Secretary.

37.15        Separate copies of a document setting out the request may be used for signing by members if the wording of the request is identical in each copy.

37.16        The percentage of votes that members have is to be worked out as at the midnight before the request is given to the Secretary.

37.17        After receiving the request, the Club must distribute to all its members a copy of the statement at the same time, or as soon as practicable afterwards, and in the same way, as it gives notice of a general meeting.

37.18        The Club is responsible for the cost of making the distribution if the Secretary receives the statement in time to send it out to members with the notice of meeting.

37.19        The members making the request are jointly and individually liable for the expenses reasonably incurred by the Club in making the distribution if the Club does not receive the statement in time to send it out with the notice of meeting.  At a general meeting, the Club may resolve to meet the expenses itself.

37.20        The Club need not comply with the request:

(a)        if the statement is more than 1,000 words long or defamatory; or

(b)        if the members making the request are responsible for the expenses of the distribution - unless the members give the Club a sum reasonably sufficient to meet the expenses that it will reasonably incur in making the distribution.

38.        MINUTES

38.1        The Club must keep minute books in which it records:

(a)        proceedings and resolutions of general meetings of the Club; and

(b)        proceedings and resolutions of meetings of the directors of the Club (including meetings of a committee of directors);

(c)        resolutions passed by directors without a meeting.

38.2        The Club must ensure that:

(a)        minutes of a meeting are signed within one (1) month of the meeting by the

chairperson of the meeting or the chairperson of the next meeting; and

(b)        minutes of the passing of a resolution without a meeting are signed by a director within one (1) month of the date on which the resolution is passed.

38.3        A minute that is so recorded and signed is evidence of the proceeding, resolution or declaration to which it relates, unless the contrary is proved.

39.        ACCOUNTS AND REPORTING TO MEMBERS

39.1        The Board shall cause proper accounts and records to be kept with respect to the financial affairs of the Club in accordance with the Act and the Registered Clubs Act.

39.2        The books of account shall be kept at the Registered Office of the Club or at such other place as the Board thinks fit.  The Club shall at all reasonable times make its accounting records available in writing for the inspection of members of the Board and any other persons authorised or permitted by or under the Act to inspect such records.

39.3        The Board shall, not less than twenty one (21) days before each Annual General Meeting and in any event within four (4) months of the end of the financial year of the Club, report to members in accordance with Division 4 of Part 2M.3 of the Act.

39.4        In accordance with Section 317 of the Act, the Board shall lay before the Annual General Meeting in respect of the financial year ending on the last day of June immediately prior to the Annual General Meeting:

(a)        the financial report of the Club; and

(b)        the directors' report;

(c)        the auditors' report on the financial report.

40.        FINANCIAL YEAR

40.1        The financial year of the Club and any sub club or other entity created under this Constitution shall commence on the first day of July in each year and end on the last day of June in the following year or such other period as having regard to the Act, the Board may determine.

41.        AUDITORS

41.1        Auditors shall be appointed and their duties regulated in accordance with the Act and their remuneration shall be fixed by the Board.

42.        SECRETARY

42.1        At any time there shall only be one Secretary of the Club who shall be appointed by the Board and who shall be the Chief Executive Officer of the Club for the purposes of the Registered Clubs Act.  

43.        EXECUTION OF DOCUMENTS

43.1        The Club shall have a Seal.

43.2        The Board must provide for the safe custody of the Seal.

43.3        The Club may execute a document (including a deed) with the Seal by fixing the Seal to the document and having the fixing of the Seal witnessed by:

(a)        two members of the Board; or

(b)        one member of the Board and the Secretary.

43.4        The Club may execute a document (including a deed) without using the Seal if that document is signed by:

(a)        two members of the Board; or

(b)        one member of the Board and the Secretary.

44.        NOTICES

44.1        A notice may be given by the Club to any member either:

(a)        personally; or

(b)        by sending it by post to the address of the member recorded for that member in the Register of Members kept pursuant to this Constitution;

(c)        by sending it to the electronic address (if any) nominated by the member.

44.2        Where a notice is sent by post to a member in accordance with Rule 44.1 the notice shall be deemed to have been received by the members:

(a)        in the case of a notice convening a meeting, on the day following that on which the notice was posted; and

(b)        in any other case, at the time at which the notice would have been delivered in the ordinary course of post.

44.3        Where a notice is sent by electronic means, the notice is taken to have been given on the day following that on which it was sent.

45.        INDEMNITY TO OFFICERS

45.1        Every officer (as defined in Section 9 of the Act) and former officer of the Club shall be indemnified to the full extent permitted by the Act out of the property of the Club against any liability incurred by him in his capacity as officer in defending any proceedings whether civil or criminal.

45.2        The Club may pay a premium for a contract insuring a person who is an officer or a former officer of the Club against a liability incurred by that person as an officer of the Club provided that the liability is not one in respect of which a premium can not be paid under the Act or a liability which contravenes Section 199A or Section 199B of the Act.

46.        INTERPRETATION

46.1        A decision of the Board on the construction or interpretation of the Constitution or any Rule, or any By-Law of the Club made pursuant to this Constitution or on any matter arising therefrom, shall be conclusive and binding on all members of the Club.

47.        AMENDMENTS TO CONSTITUTION

47.1        This Constitution can only be amended by way of Special Resolution passed at a general meeting of the members of the Club. Life members, Seven Day members, Seven Day Conditional members and Foundation members shall be the only members eligible to vote on any Special Resolution to amend this Constitution.

END.


  1. BY-LAWS

  1. DEFINITIONS

Unless the context otherwise requires:

  1. "Board" means the elected Board of the Club as constituted from time to time.
  2. “Club” means the Port Macquarie Golf Club Limited (ABN 68 000 023 058)
  3. “Clubhouse” means the clubhouse and includes but is not limited to the locker rooms, toilets, balconies, carpark, food service areas and bars.
  4. “Club Functions” means social and general functions organised by the Club.
  5. "Competition" means any golf event organised by the Club including match play and multiple round events.
  6. “Computer Kiosk” means the computer terminals located around the Club.
  7. “Constitution” means the Club’s Constitution.
  8. “Course” means the golf course and practice facilities situated at Ocean Drive, Port Macquarie NSW 2444.
  9. “Dress Regulations” means the Notice regarding acceptable clothing that is published in the members handbook.
  10. “Golf Etiquette” means a series of guidelines that exist to show other players a degree of fairness which you would expect to receive in return, examples of which are published by the Royal and Ancient Golf Club of St Andrews and displayed on their website (www.randa.org).  
  11. “Golf Shop” means the area of the Club where the Member pays Competition Entry fees and where golfing equipment, accessories and clothing may be purchased.
  12. “Local Rules” means the rules displayed on the local rules board including all temporary rules.
  13. “Member” means a member of the Club.
  14. “Member Pack” means one or more documents describing a Member’s privileges and responsibilities and includes details of how a Member may obtain a copy of the Club’s Constitution and By-Laws
  15. “Motorised Cart” means all forms of self-propelled vehicles that enable a person to be seated while the vehicle is moving under its own power
  16. “Notice” means anything displayed on the notice board in the Clubhouse and anything displayed on the notice board attached to the Golf Shop and any other sign or notice board placed in and around the Course and Clubhouse.
  17. "Player" means a participant, including the participant’s caddie, in a Competition.
  18. “Playing Category” means a membership class that entitles a Member to play on the Course.
  19. “Relevant Fee” means the fee as determined by the Board from time to time applicable to certain membership categories and individuals to play on the Course.
  20. "Report" means any oral or written statement by any person of an alleged offence.
  21. “Rules of Golf” means the rules of Golf as approved by the Royal and Ancient Golf Club of St. Andrews from time to time and adopted by Golf Australia and the Local Rules.  
  22. “Social Golf” means any golf, whether a complete round or not, played at the Club that is not a Competition including practice rounds.
  23.  “Subscription Fee” means the annual subscription fee payable by a Member in order to retain membership of the Club.
  24. “Website” means the Internet pages available at www.portmacquariegolf.com.au including pages on third party websites that enable tee times to be booked.
  1. In these By-Laws, except where the context requires otherwise:
  1. Words indicating one gender include all genders.
  2. Words indicating the singular also indicate the plural and words indicating the plural also indicate the singular.
  1. AUTHORITY AND PURPOSE

  1. These By-Laws are made by the Board of Port Macquarie Golf Club pursuant to Section 29.17 of the Club’s Constitution.
  2. The Board may revise and amend the By-Laws at any time in its absolute discretion.
  3. Where there is any inconsistency between any of these By-Laws and the Constitution, the Constitution is to take precedence over the relevant By-Law(s).
  4. Where there is any inconsistency between any of these By-Laws and the annual handbook, the By-Laws is to take precedence.
  1. MEMBERSHIP CATEGORIES
  1. The available categories of Membership and their eligibility requirements are listed in the Constitution Section 10.
  2. The Board may determine from time to time that applications to join a catgeory of membership is closed.
  3. The Board may from time to time approve additional categories of Membership and prescribe the rights and privileges of such categories.
  4. Members who subscribe to a Playing Category are eligible to represent the Club in interclub competitions.
  5. Where Payment of Subscription Fees is made by instalments:
  1. Payment of the entire Subscription Fee is required whether or not the Member remains a member of the Club.
  2. Members who choose to pay by instalments will pay an additional administration fee as determined by the Board at the time of paying their first instalment.
  3. No Playing Category Member is permitted to enter any Competition whilst he or she is more than thirty (30) days in arrears as to any money due by the Member to the Club.
  1. MEMBERSHIP PRIVILEGES AND RESPONSIBILITIES

  1. All Members are entitled to use the Clubhouse at all times that the clubhouse is open.
  2. Locker rooms, change rooms and toilets that have been set aside for the exclusive use of males or females may only be used by persons of that gender.
  3. In the event a private function is in progress Members may have limited access to areas of the Clubhouse.
  4. Members who are nominated by a Captain as members of teams representing the Club, are authorised to play or practice on the Course on any day, regardless of the privileges bestowed by their category of Membership during the appropriate representative season provided such practice or play does not interfere with any Competition organised by the Club.
  5. A Playing Category Member may apply for transfer to membership of any other class for which they are  qualified and the Board or CEO may affect the transfer, provided that any entrance fee or additional entrance fee, or any subscription or additional subscription payable for the membership class being applied for is paid.
  6. Applications for transfer must be made in writing to the Office.
  7. Except as is otherwise provided in these By-Laws, no rebate of entrance fee or subscription is payable to any Member in respect of their transfer of membership to another class.
  8. All Members other than Temporary Members have the privilege of introducing guests to the Club, however:
  9. A Member must not introduce any person as a guest who has previously been expelled from the Club or has been suspended by the Board.
  10. A Member must not knowingly introduce as a visitor any person whose name has been removed from the register of Members of the Club or who has been refused admission to membership of the Club, or to membership of any other golf club or who has been expelled from membership of the Club or any other golf club.
  11. The Captain, the CEO and all Members who subscribe to a Playing Category, may invite a person who is a member of an accredited golf club to play on the Course (“Playing Guest”), however:
  12. Unless otherwise agreed to by the CEO or Captain, a Member must not introduce more than three Playing Guests in a competition on any one occasion.
  13. Unless otherwise agreed to by the CEO or Captain, Playing Guests must play in the same group as the Member.
  14. Each Playing Guest must pay competition or social fees as set down by the Board which may differ from the fees required of a Member.
  15. Playing Guests may play together in an open Competition and do not require an invitation to take part in these competitions provided each Playing Guest is able to provide proof that they hold a handicap relevant to the competition at an accredited golf club.
  16. The Course or playing times may be closed to visitors for certain Competitions and no Playing Guest may play in such Competitions without the approval of the CEO or Captain.
  17. Unless otherwise agreed by the CEO or Captain, no person may be introduced as a Playing Guest on more than twelve (12) occasions in any one year (play in an open Competition is not counted towards this restriction i.e. Seaside Classic)
  18. Playing Guests and Members must report to the Golf Shop at least 15 minutes prior to commencing their round.
  19. Visitors are not eligible to win special events or match play events or trophy events or play representative golf on behalf of Port Macquarie golf club.
  20. Any privilege allowed with respect to the introduction of a guest, including a Playing Guest, may be refused or withdrawn by the CEO or by any two Directors, however:
  21. The Member has no right of appeal against such a decision but may ask the reason for such refusal or withdrawal; and
  22. If the Member requests the reason for such refusal or withdrawal, the request must not be unreasonably refused.
  23. A Member must not provide for financial benefit, goods or services on the Clubs premises similar to goods or services provided by the Club

  1. MEMBERSHIP PLAYING RIGHTS

  1. The playing rights of each category of Membership are contained in a Board Policy.        
  2. If the Membership class to which the Member subscribes is permitted to play on the Course on a particular day, the Member may enter any Competition held on that day for which the Member is eligible.  However:
  1. A Member is not automatically eligible for a Competition merely because the Competition is held on a day on which the Member may play; and
  2. The Club is under no obligation to organise a Competition for any day of the week.
  1. The Club may in its absolute discretion close the Course due to the cumulative effect of weather or the impending arrival of a storm or for major Course maintenance.  During the closure:
  1. Play, whether in Competition or Social Play, is not permitted on the Course.
  2. Use of the practice facilities is not permitted
  3. Use of carts is not permitted
  4. The Course will be reopened at the earliest practical opportunity.

  1. MEMBERSHIP RESPONSIBILITIES

  1. All Members:
  1. must uphold and comply with the Rules of Golf, Golf Etiquette, these By-Laws, the recommendations contained within these By-Laws and all Notices issued by the Club;
  2. must conduct themselves in a proper manner at all times, within the physical boundaries of the Club and at other Golf Australia affiliated golf clubs; and
  3. introducing guests are responsible for their guest’s adherence to the Rules of Golf, Golf Etiquette, these By-Laws and any rules of the Club.
  1. It is neither desired nor financially practical for the Club to employ a compliance officer to ensure Members adhere to the Rules of Golf, these By-Laws and Golf Etiquette, therefore each Member must assist in ensuring that all Members and guests comply with these By-Laws and Golf Etiquette by advising a Member or guest within their group in a polite and friendly manner if a Member:
  1. has failed to properly repair a pitch mark, replace a divot, rake a bunker, return a rake to a bunker or any other act or omission that is not in keeping with good course care;
  2. has breached the Rules of Golf;
  3. has failed to observe Golf Etiquette or a Notice;
  4. is not complying with the Club’s Dress Regulations.
  1. the Member must ensure they do not abuse, threaten, frighten or intimidate any Member or guest as such behaviour may result in disciplinary action being taken against the Member.
  2. If the Member observes a Member or guest from another group not complying with their responsibilities under these By-Laws, that member should report such non-compliance to the CEO.
  3. Members must communicate any change of their address to the CEO. All letters and documents posted to them at their last known address (including electronic addresses) is deemed to be delivered.  Members agree:
  4. The Club utilises electronic mail (“email”) as its prime medium of communication with Members and as such each Member shall provide an email address and notify the CEO if their email address changes; and
  5. There is no penalty if a Member does not provide an email address. However should an email address not be supplied or updated the Club is under no obligation to send communications to the Member by any other medium unless required by the Constitution.
  1. GOLF BOOKINGS, COMPETITIONS, TROPHIES AND PRIZES

  1. Competition tee times are available through a Computer Kiosk and on-line via the Website.
  2. Bookings at the Computer Kiosk open at the discretion of the sub-committee conducting the event.
  3. Internet bookings cannot be placed after [6:00 AM] on the morning of the Competition. Any Internet booking made after that time will not be recognised.
  4. Members may contact the Golf Shop on the day of a Competition to enter that Competition and the Golf Shop will use its best endeavours to find a tee time for the Member.
  5. Members shall not book more than four players unless approved by the CEO or the Captain
  6. Tee times for Social Golf may be booked with the Golf Shop.
  7. Social Golf may not be played whilst a Competition is in progress without the prior approval of the Captain or the CEO or in their absence the Head Professional or in his absence the starter.
  8. Except as specifically provided in these by-laws, any Player commencing a Competition round but not completing it is not entitled to a refund or partial refund of the Competition entry fee or any other compensation.
  9. The Board shall or may:
  1. from time to time determine the maximum value to be permitted for trophies purchased by or donated to the Club for a Competition (“Trophies”);
  2. set a different maximum value of Trophies for different Competitions; and
  3. determine whether a Trophy is to remain in the possession of the winner of the Competition for a nominated time or permanently.
  1. The Board shall maintain a Policy for the issuance and redemption rules pertaining to prizes won in Club competitions.

  1. CONDUCT OF COMPETITIONS

  1. Golf Competitions at the Club are conducted under the following Rules:
  1. Conditions of Play as published by the relevant sub-committee
  2. The Rules of Golf as published by The Royal & Ancient Golf Club, St. Andrews.
  3. Local Rules and Temporary Local Rules as published on the Local Rules Board
  4. Rules contained on the scorecard issued for competition play
  1. Decisions of the sub-committee hosting the event shall be final.
  2. Any protest must be conveyed to the sub-committee hosting within twenty (20) minutes of the last group in that Competition completing their round;
  3. In the event of a protest the decision of the sub-committee conducting the event shall be final.
  4. Competition winners will be determined in accordance with the Golf Australia regulations governing competition play.
  5. Where Golf Australia regulations are not adhered to, Competition conditions shall be publicly displayed.
  6. Competitors must return cards for all Competitions in which they enter
  7. All competitors must maintain scores for both themselves (“Marker”) and their fellow competitor (“Player”), provided that no partner of a Player may be that Player’s Marker.
  8. At the completion of a Competition:
  1. All competitors must enter their scores through the Computer Kiosk or other digital means required by the Club
  2. If the Computer Kiosk is not available, competitors must follow the instructions displayed on or near the Computer Kiosk.

  1. CHILDREN ON COURSE & CHILDREN IN THE CLUBHOUSE

  1. A Member may bring a child who is not a Member to the Clubhouse or Course provided:
  2. The Member ensures the child observes Golf Etiquette.
  3. If a Competition is being played the Member ensures the child does not behave in a manner that distracts or disturbs other Members and, if another Member complains about the child’s behaviour, the Member must abandon their round and remove the child from the Course.
  4. If the child is under 11 years of age the child must be accompanied by the Member at all times, when on the Course or in the Clubhouse.
  5. In all cases, the Member must be aware that the Member is responsible for the child’s behaviour. A disciplinary process may be applied for behaviour deemed to be unacceptable.
  6. Persons under eighteen (18) years of age are not permitted to enter any area of the Clubhouse where Poker Machines are located.
  1. HANDICAPS

  1. Handicaps will be maintained in accordance with Golf Australia handicapping system.
  2. The Match Committee or the Board may from time to time approve alteration of a Member’s handicap if, in its absolute discretion and having regard to all the circumstances, including the Member’s results in any form of Competition, it considers the change is warranted under the handicap system which the Club follows.
  3. The member has no right to make any representation to the handicapper or to the Board of Directors in relation to any proposed alteration to the member’s handicap.
  1. RECIPROCAL RIGHTS

  1. The Club has arranged reciprocal playing rights with a number of other golf clubs (“Reciprocal Clubs”).
  2. The Club will keep a list of Reciprocal Clubs and make that list available to all Members on the website
  3. Members conduct at Reciprocal Clubs may be subject to disciplinary action as if the conduct was at Port Macquarie Golf Club.
  1. CLUB PROPERTY

  1. No property of the Club may be removed under any circumstances from the Club's premises without the written authority of the CEO.
  2. If property is removed in breach of this By-Law it must be forthwith returned.
  3. Any member who destroys or damages any property of the Club must, forthwith upon demand, pay to the Club the cost of replacing the property so destroyed or making good such damage.
  4. The CEO, if satisfied in any instance that such destruction or damage was accidental, may waive wholly or subject to such terms and conditions as the CEO may think fit.
  5. In exceptional cases property of the Club may be loaned to staff or Members for short periods at the discretion of the CEO, however:
  6. if the CEO wishes to borrow an item, then they must obtain the prior permission of the President.
  7. Staff or Members who borrow Club property must make good any damage sustained to the property while it is in their care;
  8. Staff or Members who borrow Club property, indemnify the Club against any claim for loss or damages sustained as a consequence of the use of the property; and
  9. Members borrowing Club property, agree to the terms on which the property is lent as set out in these By-Laws.
  1. STAFF

  1. The CEO is responsible for the management of staff and the responsibility for staff engagements, staff reviews and staff terminations rests with the CEO who must on a regular basis report such changes to the Board.
  2. Any complaints concerning staff performance are to be addressed in writing to the CEO.
  3. A Member must not reprimand or instruct a staff member under any circumstances.
  4. A Member must not direct or attempt to direct a staff member to perform any function or act or attempt to change the way a staff member performs any function or act.
  5. Members are required to follow any reasonable requests from staff.
  1. COMPLAINTS

  1. If a Member makes a complaint about any aspect of the Club’s operations and wants to have the complaint dealt with formally:
  2. The complaint must be made in writing to the CEO, who may deal with the complaint personally unless in the sole discretion of the CEO the complaint is considered to be of a nature that requires consideration by the Chairperson or subcommittee concerned; and
  3. Regardless of whether or the not the CEO is able to resolve the complaint, the CEO must at the next Board meeting inform the Board of the complaint,
  1. ON THE CLUB’S PREMISES

  1. The Club’s Dress Regulations must be adhered to at all times.
  2. Members and guests not complying with the Dress Regulations may be asked to leave the Course or the Clubhouse.
  3. In the absence of the CEO, the senior manager on duty is responsible for determining and enforcing suitable standards of dress for the occasion
  4. No notice, publication or document shall be posted, suspended or otherwise displayed within the Club’s premises without the permission of the CEO.
  5. No canvassing for donations is allowed in any way in or about the Club's premises without the express written permission of the CEO.
  6. Carpark spots designated for committee members and staff are strictly for those persons
  7. Cars with trailers must park in such area as may be specified by the Board or CEO and as indicated by an authorised signage.
  8. All cars must park within marked areas
  9. Members and visitors are not allowed to bring dogs, (other than Guide dogs), or other animals into the Clubhouse without the permission of the CEO.
  10. Food shall not be brought into the Clubhouse by any Member unless it has been purchased from one of the Club’s facilities or permission has been granted by the CEO or Operations Manager.
  1. ON THE COURSE

  1. If a Player hits a ball out of bounds onto an adjoining road, the Player must report details of the incident in the incident register (Bar) immediately the round has been completed regardless of the circumstances.
  2. If a Player is involved in any accidents on the Course, the Player or one of the Player’s playing partners must report the accident in the incident register (Bar).
  3. The following Rules and regulations of the Club are contained in the members handbook:
  1. Purchase and collection of golf balls on the property
  2. Care of the Course
  3. Practice facility use and practice rules
  4. Carpark and parking
  5. Power buggies, carts, storage and motorbikes
  1. PERSONAL PROPERTY AND INSURANCE

  1. The Club shall-not be liable for any loss or injury to the property or person of any member or visitor on the Club's premises.
  2. Members are advised to arrange their own insurance of sporting equipment and personal liability, Personal insurance of equipment stored at the Pro Shop is necessary. Golf clubs and personal belongings should not be left unattended outside the Clubhouse.
  3. Members should report any incident involving damage or likely damage caused by a ball being hit into private property. This report should be made to the CEO immediately a round has been completed.
  4. All private property left at the Club is at the owner's risk.
  1. BOARD COMMITTEES & SUB COMMITTEES

  1. The Board must at its first meeting after the Annual General Meeting of the Club elect or nominate the following office bearers and committees as it shall think fit:
  1. Pro-AM Tournament Director (recommended by Captain)
  2. Seaside Classic Tournament Director (recommended by Captain)
  3. MiClub Administrator (recommended by Captain)
  4. Vice-Captain (recommended by Captain)
  5. Media Officer (recommended by President)
  6. Welfare Officer (recommended by President)
  7. Grants Officer
  8. Volunteer Officer
  9. House Liaision Officer
  1. Board Committees as follows:
  1. FINANCE COMMITTEE (Treasurer Chair)
  2. Executive Remuneration Committee (President, Captain & Treasurer)
  3. COURSE COMMITTEE
  4. MATCH COMMITTEE (Club Captain Chair)
  1. Men’s Golf – appointed by Board upon recommendation of Club Captain
  2. Women’s Golf – elected by members of Women’s Golf
  3. Junior Golf – appointed by Board upon recommendation of Club Captain
  4. Men’s Vets Golf – elected by members of Men’s Vets
  5. Womens Vets Golf – elected by members of Women’s Vets

  1. Each Board Committee and Sub-Committee shall have a Board approved Charter addressing:
  1. Delegations from the Board of the responsibilities of the position or commitee
  2. Membership composition of the committee, election method and chair allocations
  3. Rules regulating the function of the position or committee
  4. Reporting requirements (Minutes, reports, Accounts if required)
  1. Each sub- committee of the MATCH committee must:
  1. Submit to the CEO of the. Club a report covering the proceedings of each Annual General Meeting of Members, including a financial statement and shall state therein the names of the Officers and Committee members elected.
  2. Subject to the By-Laws or Regulations of the Club, arrange competitions and matches for their Members.
  3. Deal with any other matters with which the Committee may by resolution or By-Laws from time to time authorise it to deal with
  1. Only Members of each committee are entitled to vote at sub-committee meetings.
  2. The maximum number of Directors on one sub-committee must not exceed the Board quorum.
  3. The President is an ex officio a member of each sub-committee.
  4. All reports, recommendations or requests submitted to the Board from any sub-committee must be written and must be submitted by the Chairperson of the sub-committee to the CEO prior to the next Ordinary meeting of the Board at which they are to be considered.

Notes regarding Amendments:

2014 AGM voting on the Board election extended to all categories.

June 2018 - Board adopted By-Laws

Oct 2019 - Adopted special resolutions concerning national police checks

Version 16 Oct 2019 : Page