Banner
CONSTITUTION OF WOLLONGONG MOUNTAIN BIKE

CLUB INCORPORATED

 1. The name of the Association shall be the Wollongong Mountain Bike Club

Incorporated (hereinafter called "the Club").

 OBJECTS AND PURPOSES OF THE CLUB2. The purpose of the Club shall be to promote off road cycling as a sport inWollongong and surrounding districts and to conduct off road cycle races inaccordance with the rules of the Australian Mountain Bike Association (hereinafter

called "AMBA").

 3. (1) In addition to the basic objects of the Club the objects and purposes of the Club shall be deemed to include:

a. The purchase, taking on lease or in exchange, and hiring or otherwiseacquiring of any real or personal property that may be deemed necessary orconvenient for any of the objects or purposes of the Club;b. the buying selling and supply of, and dealing in goods of all kinds;c. the construction, maintenance, and alteration of building or work necessary orconvenient for any of the objects or purposes of the Club;d. the accepting of any gift, whether subject to a special trust or not, for any oneor more of the objects or purposes of the Club;e. the taking of such steps from time to time as the committee or the members ingeneral meeting may deem expedient for the purposes of procuringcontributions to the funds of the Club, whether by way of donations,subscriptions, or otherwise;f. the printing and publishing of such newspapers, periodicals, books, leaflets, orother documents as the committee or members in general meeting may thinkdesirable for the promotion of the objects and purposes of the Club;g. the borrowing and raising of money in such a manner and on such terms asthe committee may think fit or as may be approved or directed by resolutionpassed at a general meeting; and securing the repayment of money so raisedor borrowed or the payment of a debt or liability of the Club by givingmortgages, charges or securities upon or over all or any of the seal or personalproperty of the Club;h. subject to the provision of the Trustee Act 1957, the investment of anymoneys of the Club not immediately required for any of its objects or purposesin such manner as the committee may from time to time determine;i. the making of gifts, subscriptions, or donations to any of the funds, authoritiesor institutions to which paragraph (a) of subsection (1) of section 78 of theIncome Tax Assessment Act 1936, as amended, of the Commonwealth relates;j. the establishment and support, or aiding in the establishment and support, ofthe associations, institutions, funds, trusts, schemes, and conveniencescalculated to benefit servants or past servants of the Club and theirdependents, and the granting of pensions, allowances or other benefits toservants or passed servants of the Club and their dependents, and the makingof payments towards insurance in relation to any of those purposes;k. the establishment and support or aiding in the establishment or support, ofany other association formed for any of the basic objects of the Club;l. the doing of all such other lawful things as are incidental or conducive to theattainment of the basic objects of the Club or of any of the objects and

purposes specified in the foregoing provisions of this sub-rule.

 RULES OF THE CLUB4. (1) In these rules, unless the contrary intention appears:a. "General meeting" means a general meeting of members convened inaccordance with rule 13.b. "ordinary committeeman" means a member of the committee to whomparagraph (b) of sub-rule (1) of rule 23 relates.c. "The male gender includes the female and singular includes plural, andvice versa, except where such interpretation is excluded by, or repugnantto, the context".(2) In these rules, expressions referring to writing shall, unless the contraryintention appears, to be construed as including references to printing, lithography,photography, and other modes of representing or reproducing words in a visibleform.(3) Words or expressions contained in these rules shall, be interpreted inaccordance with the provisions of the Interpretation Act 1967 and that Act as in

force on the date on which these rules are adopted by the Club.

 MEMBERSHIP OF THE CLUB5. (1) A person who is nominated and approved for membership as provided in theserules is eligible to be a member of the Club on payment of the annual subscriptionprescribed in, or fixed under, these rules.(2) A person who is not a member of the Club at the time of the incorporation ofthe Club shall not be admitted to membership:a. unless he is nominated as provided in sub-rule (3) of this rule; andb. his admission as a member is approved by the committee.(3) a nomination of the person for membership of the Club:a. shall be in writing,;b. shall be on the correct form; andc. shall be lodged with the Membership Secretary of the Club.(4) As soon as is practicable after the receipt of an application, the MembershipSecretary shall refer the nomination to the committee.(5) Upon a nomination being approved by the Committee, the MembershipSecretary shall, with as little delay as possible, notify the nominee, that he hasbeen approved for membership of the Club, and upon receipt of the sum payableby or on behalf of the nominee, as his first years subscription, shall enter thenominee's name in a register of members to be kept by the Membership Secretary,whereupon the nominee becomes a member of the Club.(6) A member of the Club may, at any time, resign from the Club by delivering orsending by post to the Membership Secretary, a written notice of resignation,enclosing his Club membership card.(7) Upon receipt of a notice under part 6 of this rule the Membership Secretaryshall:a. remove the name of the member by whom the notice was given, from theregister of members, whereupon that member ceases to be a member ofthe Club. The Club Secretary will forward advice of the resignation and theex- member's membership card.b. A clearance from the Club will be forwarded to the ex-member.(8) A right, privilege, or obligation of a person by virtue of his membership of theClub:a. is not capable of being transferred or transmitted to another person; andb. terminates upon the cessation of his membership, whether by death,resignation, or otherwise.c. fails to renew his or her membership of the club by the due date(9) The liability of members of the Club shall be limited to $10.00 per member onwinding up to meet any liabilities of the Club.(10) Life Membership may be awarded to a person who has been a member of theclub for a minimum of ten years (or under exceptional circumstances five years)and who has rendered outstanding services. The recommendation for the awardshall be made by the Committee and submitted to the Annual General Meeting for

approval.

 RULES OF THE TRAIL6. All members of the Club will abide by the following Rules of the Trail, endorsed byMTBA and the International Mountain Bicycling Association:The way we ride today shapes mountain bike trail access tomorrow. Do your partto preserve and enhance our sport's access and image by observing the followingrules of the trail, formulated by IMBA, the International Mountain BicyclingAssociation. These rules are recognized around the world as the standard code ofconduct for mountain bikers. IMBA's mission is to promote mountain bicycling thatis environmentally sound and socially responsible.a. Ride On Open Trails Only.Respect trail and road closures (ask if uncertain); avoid trespassing on privateland; obtain permits or other authorization as may be required. Federal and stateWilderness areas are closed to cycling. The way you ride will influence trailmanagement decisions and policies.b. Leave No Trace.Be sensitive to the dirt beneath you. Recognize different types of soils and trailconstruction; practice low-impact cycling. Wet and muddy trails are morevulnerable to damage. When the trailbed is soft, consider other riding options. Thisalso means staying on existing trails and not creating new ones. Don't cutswitchbacks. Be sure to pack out at least as much as you pack in.c. Control Your Bicycle!Inattention for even a second can cause problems. Obey all bicycle speedregulations and recommendations.d. Always Yield Trail.Let your fellow trail users know you're coming. A friendly greeting or bell isconsiderate and works well; don't startle others. Show your respect when passingby slowing to a walking pace or even stopping. Anticipate other trail users aroundcorners or in blind spots. Yielding means slow down, establish communication, beprepared to stop if necessary and pass safely.e. Never Scare Animals.All animals are startled by an unannounced approach, a sudden movement, or aloud noise. This can be dangerous for you, others, and the animals. Give animalsextra room and time to adjust to you. When passing horses use special care andfollow directions from the horseback riders (ask if uncertain). Running cattle anddisturbing wildlife is a serious offence. Leave gates as you found them, or asmarked.f. Plan Ahead.Know your equipment, your ability, and the area in which you are riding -- andprepare accordingly. Be self-sufficient at all times, keep your equipment in goodrepair, and carry necessary supplies for changes in weather or other conditions. Awell-executed trip is a satisfaction to you and not a burden to others. Always weara helmet and appropriate safety gear.Keep trails open by setting a good example of environmentally sound and sociallyresponsible off-road cycling.Any Member found in breach of one or more rules of the trail may be subject to

expulsion from the Club in accordance with Section 33.

 INCOME AND PROPERTY OF THE CLUB7. (1) The income and property of the Club, however derived, shall be applied solelytowards the promotion of the objects and purposes of the Club and no portionthereof shall be paid or transferred directly or indirectly, by dividend, bonus, orotherwise, to any member of the Club.(2) The Club shall not:a. appoint a person who is a member of the committee to any office wherethere is payable any remuneration by way of salary, fees, or allowances; orb. pay to any such person any remuneration or other benefit in money ormoney's worth (other than the repayment of out-of-pocket expenses).(3) Nothing in the foregoing provisions of this rule prevents the payments in goodfaith to a servant or member of the Club of:a. remuneration in return for services actually rendered to the Club by theservant or member or for goods supplied to the Club by the servant ormember in the ordinary courses of business;b. interest at current bank overdraft rate on money lent; orc. a reasonable and proper sum by way of rent for premises let to the Club bythe servant or member.(4) In the event of the organisation being dissolved, the amount that remains aftersuch dissolution and the satisfaction of all debts and liabilities shall be transferredto another organisation with similar purposes which is not carried on for the profit

or gain of its individual members.

 ACCOUNTS OF RECEIPTS, EXPENDITURE, ETC.8. (1) True accounts shall be kept:a. of all sums of money received and expended by the Club and the matter inrespect of which the receipt of expenditure takes place; andb. of the property, credits, and liabilities of the Club, and subject to anyreasonable restrictions as to time and manner of inspecting them that maybe imposed by the Club for the time being, those accounts shall be open tothe inspection of the members of the Club.(2) The Treasurer of the Club shall faithfully keep all general records, accountingbooks, and records of receipts and expenditures connected with the operations andbusiness of the Club in such form and manner as the committee may direct.(3) The accounts, books, and records referred to in the sub-rules (1) and (2) ofthis rule shall be kept at the Club office or at such other place as the committee

may decide.

 BANKING AND FINANCE9. (1) The Treasurer of the Club shall, on behalf of the Club, receive all moneys paidto the Club and forthwith after the receipt thereof, issue official receipt therefor.(2) The Committee shall cause to be opened with such bank as the Committeeselects, a banking account in the name of the Club into which all moneys receivedshall be paid by the Treasurer as soon as possible after the receipt thereof.(3) The Committee may receive from the Club's bank or bankers for the timebeing, the cheques drawn by the Club on any of its accounts with the bank orbankers and may release and indemnify the bank or bankers from and against allclaims, actions, suits, or demands that may be brought against the bank orbankers arising directly or indirectly out of those cheques or the surrender thereofto the Club.(4) Except with the authority of the Committee, no payment of a sum exceedingone hundred dollars shall be made from the funds of the Club otherwise than bycheque drawn on the Club's bank account, but the committee may provide theTreasurer with a sum to meet urgent expenditure, subject to the observance ofsuch conditions in relation to the use and expenditure thereof as the committeemay impose.(5) No cheques shall be drawn on the Club's bank account except for the paymentof expenditure that has been authorised by the committee.(6) All cheques, drafts, bills of exchange, promissory notes, and other negotiableinstruments shall be signed by the Treasurer, or in his absence, by such othermember or members of the committee as the committee may nominate for that

purpose, and shall be countersigned by the Secretary or the President.

 AUDITOR10. (1) At each Annual General Meeting of the Club, the members present shallappoint a person who is not a member or the public officer of the Club as theauditor of the Club.(2) A person so appointed shall hold office until the Annual General Meeting nextafter that which he is appointed, and is eligible for re-appointment.(3) The first auditor of the Club may be appointed by the committee before thefirst Annual General Meeting, and, if so appointed shall hold office until the firstAnnual General Meeting, unless previously removed by a resolution of themembers at a general meeting, in which case the members at the meeting mayappoint an auditor to act until the first Annual General Meeting.(4) If an appointment is not made at an Annual General Meeting the committeeshall appoint an auditor of the Club for the then current financial year of the Club.(5) If a casual vacancy occurs in the office of auditor during the course of afinancial year of the Club, the committee may appoint a person as the auditor andthe person so appointed shall hold office until the next succeeding Annual General

Meeting.

 AUDIT OF ACCOUNTS11. (1) Once at least in each financial year of the Club, the accounts of the Club shallbe examined by the auditor.(2) The auditor shall certify as to the correctness of the accounts of the Club andshall report thereon to the members present at the Annual General Meeting.(3) In his report, and in certifying to the accounts, the auditor shall state:a. whether he had obtained the information required by him;b. whether, in his opinion, the accounts are properly drawn up so as toexhibit a true and correct view of the financial position of the Clubaccording to the information at his disposal and the explanations given tohim and as shown by the books of the Club; andc. whether the rules relating to the administration of the funds of the Clubhave been observed.(4) The public officer of the Club shall cause to be delivered to the auditor a list ofall the accounts, books and records of the Club.(5) The auditor:a. has a right of access to the accounts, books, records, vouchers, anddocuments of the Club;b. may require from the servants of the Club such information andexplanations as may be necessary for the performance of his duties asauditor;c. may employ persons to assist him in investigating the accounts of theClub;d. may, in relation to the accounts of the Club, examine any member of the

committee or any servant of the Club.

 ANNUAL GENERAL MEETING12. (1) The Club shall, in each year, hold an annual general meeting.(2) The annual general meeting shall be on such day (being not later than sixmonths after the close of the financial year of the Club) as the committee maydetermine.(3) The annual general meeting shall be in addition to any other general meetingsthat may be held in the same year.(4) The annual general meeting shall be specified as such in the notice conveningit.(5) The ordinary business of the annual general meeting shall be:a. to confirm the minutes of the last preceding annual general meeting and ofany general meeting held since that meeting;b. to receive and consider the statement of accounts and the reports that areto be submitted to members pursuant to subsection 73(1) of the Act;c. to elect the officers of the Club and the ordinary committeemen;d. to appoint the auditor and determine his remuneration; ande. to determine the remuneration of servants of the Club.(6) The annual general meeting may transact special business of which notice isgiven in accordance with these rules.(7) All general meetings other than the annual general meeting shall be called

special general meetings.

 SPECIAL GENERAL MEETING13. (1) The committee may, whenever it thinks fit, convene a special general meetingof the Club.(2) The committee shall, on the requisition in writing of not less than fivemembers, convene a special general meeting of the Club.(3) A requisition for a special general meeting shall state the objects of themeeting and shall be signed by requisitionists and deposited at the office of theClub and may consist of several documents in the like form, each signed by one ormore of the requisitionists.(4) If the committee does not cause a special general meeting to be held withintwenty-one days from the date on which a requisition therefore is deposited at theoffice of the Club, the requisitionists, or any of them, may convene the meeting;but any meeting so convened shall not be held after three months from the date ofthe deposit of the requisition.(5) A special general meeting convened by requisitionists in pursuance of theserules shall be covered in the same manner as nearly as possible as that in whichthose meetings are convened by the committee, and all reasonable expensesincurred in convening the meeting shall be refunded by the Club to the persons

incurring them.

 NOTICE OF GENERAL MEETINGS14. The public officer of the Club may, at least fourteen days before the date fixed forholding a general meeting of the Club cause to be inserted in a newspaperpublished daily in the Illawarra an advertisements specifying the place, day andtime for the holding of the meeting, and the nature of the business to be

transacted thereat.

 BUSINESS AND QUORUM AT GENERAL MEETINGS15. (1) All business that is transacted at special general meetings and all business thatis transacted at the annual general meeting, with the exception of that speciallyreferred to in these rules as being the ordinary business of the annual generalmeeting, shall be deemed to be special business.(2) No item of business shall be transacted at a general meeting unless a quorumof members entitled under these rules to vote is present during the time when themeeting is considering that item.(3) Eight members personally present (being members entitled under these rulesto vote thereat) constitute a quorum for the transaction of the business of ageneral meeting.(4) If within one hour after the appointed time for the commencement of a generalmeeting a quorum is not present, the meeting if convened upon the requisition ofmembers, shall be dissolved; and in any other case it shall stand adjourned to thesame day in the next week, at the same time (unless another place is specified bythe chairman at the time of the adjournment or by written notice to membersgiven before the day to which the meeting is adjourned) at the same place, and ifat the adjourned meeting a quorum is not present within one hour after the time

appointed for the commencement of the meeting, the meeting shall be dissolved.

 PRESIDENT TO PRESIDE AT GENERAL MEETINGS16. (1) The President, or in his absence, a Vice-President, shall preside as chairman atevery general meeting of the Club.(2) If the President and the Vice-Presidents are absent from a general meeting, the

members present shall elect one of their number to preside as chairman thereat.

 ADJOURNMENT OF GENERAL MEETINGS17. (1) The chairman of a general meeting at which a quorum is present may, with theconsent of the meeting, adjourn the meeting from time to time and place to place,but no business shall be transacted at an adjourned meeting other than thebusiness left unfinished at the meeting at which the adjournment took place.(2) Where a meeting is adjourned for fourteen days or more, the like notice of theadjourned meeting shall be given as in the case of the original meeting.(3) Except as provided in the foregoing provisions of this rule, it is not necessary

to give any notice of an adjourned meeting.

 DETERMINATION OF QUESTIONS ARISING AT GENERALMEETINGS18. A question arising at a general meeting of the Club shall be determined on a showof hands and unless before or on the declaration of the result of the show of handsa poll is demanded, a declaration by the chairman that a resolution has, on a showof hands, been carried, or carried unanimously, or carried by a particular majorityor lost, and on entry to that effect in the minute book at the Club is evidence ofthe fact, without proof of the number or proportion of the votes recorded in favour

of, or against that resolution.

 VOTES19. (1) Upon any question arising at a general meeting of the Club, a member has onevote only.(2) All votes shall be given personally.(3) In the case of an equality of voting on a question the chairman of the meeting

is entitled to exercise a second or casting vote.

 TAKING OF POLL20. If at the meeting a poll on any question is demanded it shall be taken at themeeting or in such manner as the chairman may direct, and the result of the poll

shall be deemed to be the resolution of the meeting on that question.

 WHEN POLL TO BE TAKEN21. A poll that is demanded on the election of a chairman, or on a question ofadjournment, shall be taken forthwith, and a poll that is demanded on any otherquestion shall be taken at such time before the close of the meeting as the

chairman may direct.

 AFFAIRS OF THE CLUB TO BE MANAGED BY ACOMMITTEE22. (1) The affairs of the Club shall be managed by a committee of managementconstituted as provided in rule 23.(2) The committee:a. shall control and manage the business and affairs of the Club.b. may, subject to these rules, (and the rules of MTBA) exercise all suchpowers and functions as may be exercised by the Club other than thosepowers and functions that are required by these rules to be exercised bygeneral meetings of members of the Club; andc. subject to the Act and these rules, and the rules of MTBA has power toperform all such acts and things as appear to the committee to beessential for the proper management of the business and affairs of the

Club.

 OFFICERS OF THE CLUB23. (1) The officers of the Club shall be:a. a President;b. a Vice President;c. a Treasurer;d. a Secretary who also shall be the Public Officer providing that he is aperson resident of New South Wales and is at least 18 years of age for thepurposes of the Association Incorporation Act 1991;e. Club Captain;f. Handicapper;g. Race Secretary;h. Membership Secretary;(2) The provision of sub-rules (2), (3) and (4) of rule 24, so far as they areapplicable and with the necessary modifications, apply to and in relation to theelection of persons to any of the offices mentioned in sub-rule (1) of this rule.(3) Each officer of the Association shall hold office until the Annual General Meetingnext after the date of his election but is eligible for re-election.(4) In the event of a casual vacancy in any office mentioned in sub-rule (1) of thisrule, the committee may appoint one of its members to the vacant office, and themember so appointed may continue in office up to and including the conclusion ofthe annual general meeting next following the date of his appointment.

(5) No officer of the Club shall hold the same office more than 4 years running.

 CONSTITUTION OF THE COMMITTEE24. (1) The committee shall consist of:a. the officers of the Club; andb. at least two other members, all of whom shall be elected at the AnnualGeneral Meeting of the Club in each year.(2) Each ordinary committeeman shall, subject to these rules, hold office until theAnnual General meeting next after the date of his election, but is eligible for reelection.(3) In the event of a casual vacancy occurring in the office of ordinarycommitteeman, the committee may appoint a member of the Club to fill thevacancy, and the member so appointed shall hold office, subject to these rulesuntil the conclusion of the Annual General Meeting next following the date of his

appointment.

 THE ELECTION OF MEMBERS OF COMMITTEE25. (1) Nominations of candidates for election as officers of the Club or as ordinarycommitteemen:a. shall be made in writing signed by two members of the Club andaccompanied by the written consent of the candidate (which may beendorsed on the form of nomination); andb. shall be delivered to the public officer of the Club at least ten days beforethe date fixed for the holding of the Annual General Meeting.(2) If insufficient nominations are received to fill all vacancies on the committee,the candidates nominated shall be deemed to be elected and further nominationsshall be received at the Annual General Meeting.(3) If the number of nominations received is equal to the number of vacancies tobe filled, the persons nominated shall be deemed to be elected.(4) If the number of nominations exceeds the number of vacancies to be filled, aballot shall be held.(5) The ballot for the election of officers and ordinary committeemen shall beconducted at the Annual General Meeting in such usual and proper manner as the

committee may direct.

 VACATION OF OFFICE26. For the purpose of these rules, the office of an officer of the Club or of an ordinarycommitteeman becomes vacant if the officer or committeeman:a. dies;b. becomes bankrupt or applies to take or takes advantage of any lawrelating to bankrupt of insolvent debtors or compounds with his creditors;c. becomes of unsound mind;d. resigns his office by writing under his hand addressed to the committee;e. fails, without leave granted by the committee, to attend three consecutivemeetings of the committee;f. ceases to be a member of the Club; org. fails to pay all arrears of subscription due by him within fourteen days afterhe has received a notice in writing signed by the public officer stating that

he has ceased to be a financial member of the Club.

 MEETINGS OF THE COMMITTEE AND OF SUBCOMMITTEE27. (1) The committee shall meet at least once in each month at such place and atsuch times as the committee may determine.(2) Special meetings of the committee may be convened by the President, or anyfive of its members.(3) Notice shall be given to members of the committee of any special meeting,specifying the general nature of the business to be transacted, and no otherbusiness shall be transacted at such a meeting.(4) Any five members of the committee constitute a quorum for the transaction ofthe business of a meeting of the committee.(5) No business shall be transacted unless a quorum is present and if within halfan hour of the time appointed for the meeting a quorum is not present, themeeting shall stand adjourned to the same place at the same hour of the same dayin the following week unless the meeting was a special meeting, in which case itlapses.(6) At meetings of the committee:a. the President, or in his absence a Vice-President; orb. if the President and the Vice-Presidents are absent, such one of theremaining members of the committee as may be chosen by the memberspresent shall preside.(7) Questions arising at meetings of the committee or of any sub-committeeappointed by the committee shall be determined on a show of hands or, ifdemanded by a member, by a poll taken in such manner as the person presiding atthe meeting may determine.(8) Each member present at a meeting of the committee or of any sub-committeeappointed by the committee (including the person presiding at the meeting) isentitled to one vote and, in the event of an equality of votes of any question, theperson presiding may exercise a second or casting vote.(9) Notice of each committee meeting shall be served on each member of thecommittee by delivering to him at a reasonable time before the meeting or bysending it by post in a prepaid letter addressed to him at his usual or last knownplace of abode in time to reach him in due course of post before the date of the

meeting.

 DISCLOSURE OF INTEREST IN CONTRACTS ETC28. (1) A member of the committee who is interested any contract or arrangementmade or proposed to be made with the Club shall disclose his interest at the firstmeeting of the committee at which the contract or arrangement is first taken intoconsideration, if his interest then exists, or, in any other case, at the first meetingof the committee after the acquisition of his interest.(2) If a member of the committee becomes interested in a contract orarrangement after it is made or entered into shall disclose his interest at the firstmeeting of the committee after he becomes so interested.(3) No member of the committee shall vote as a member of the committee inrespect of any contract or arrangement in which he is interested and if he does so

vote, his vote shall not be counted.

 SUB-COMMITTEES AND EXECUTIVE COMMITTEES29. (1) The committee may at any time appoint a sub-committee from the committeeas it may think fit and shall prescribe the powers and functions thereof.(2) The committee may co-opt as members of a sub-committee such persons as itthinks fit, whether or not those persons are members of the Club, but a person soco-opted is not entitled to vote.(3) Three appointed members of a sub-committee constitute a quorum at ameeting of the sub-committee.(4) The public officer of the Club is responsible for calling meetings of a subcommittee.(5) Notice of each sub-committee meeting shall be served on each member of thesub-committee by delivering it to him at a reasonable time before the meeting orby sending it by post in a pre-paid letter addressed to him at his usual or lastknown place of abode in time to reach him in due course of post before the date ofthe meeting.(6) The President, the Vice-Presidents, the Treasurer, and the Secretary constitutean executive committee, which may issue instructions to the public officer and theservants of the Club in matters of urgency connected with the management of theaffairs of the Club during the intervals between meetings of the committee, andwhere any such instructions are issued shall report therein to the next meeting of

the committee.

 ANNUAL SUBSCRIPTION30. (1) Until otherwise fixed pursuant to sub-rule (2) of this rule, the annualsubscription payable by members shall be prescribed by the committee.(2) The amount of the annual subscription may be altered from time to time by themembers by resolution.(3) The annual subscription of a member is due and payable on their anniversary

of joining of the club.

 FINANCIAL YEAR31. The financial year of the Club is the period beginning the first day of July in each

year and ending on the thirtieth day of June next following.

 NOTICES32. A notice may be served by or on behalf of the Club upon any member eitherpersonally or by sending it through the post in a pre-paid letter addressed to the

member at his usual or last known place of abode.

 EXPULSION OF MEMBERS33. (1) Subject to this rule, the committee may expel a member from the Club if, inthe opinion of the committee the member has been guilty of conduct detrimentalto the interests of the Club.(2) The expulsion of a member pursuant to sub-rule (1) of this rule does not takeeffect:a. until the expiration of fourteen days after the service on the member of anotice under sub-rule (3) of this rule; orb. if the member exercises his right of appeal under this rule, until theconclusion of the special general meeting convened to hear the appeal,whichever is the later date.(3) Where the committee expels a member of the Club, the public officer of theClub shall, without undue delay cause to be served on the member a notice inwriting:a. stating that the committee has expelled the member;b. specifying the grounds for the expulsion; andc. informing the member that if he so desires he may, within fourteen daysafter the service of the notice on him, appeal against the expulsion asprovided in this rule.(4) A member on whom a notice under sub-rule (3) of this rule is served, mayappeal against the expulsion to a special general meeting by delivering or sendingby post to the public officer of the Club within fourteen days after the service ofthat notice, a requisition in writing demanding the convening of such a meeting forthe purpose of hearing his appeal.(5) Upon receipt of a requisition under sub-rule (3) of this rule, the public officershall forthwith notify the committee of its receipt and the committee shallthereupon cause a special general meeting of members to be held within twentyonedays after the date on which the requisition is received by the public officer.(6) At a special general meeting convened for the purpose of this rule:a. No business other than the question of the expulsion shall be transacted;b. the committee may place before the meeting details of the grounds of theexpulsion and the committee's reasons for the expulsion;c. the expelled member shall be given an opportunity to be heard; andd. the members present shall vote by secret ballot on the question whetherthe expulsion should be lifted or confirmed.(7) If at the special general meeting a majority of the members present vote infavour of the lifting of the expulsion, the expulsion shall be deemed to have beenlifted and the expelled member is entitled to continue his membership of the Club.(8) If at the special general meeting a majority of the members present vote infavour of the confirmation of the expulsion, the expulsion takes effect, and the

expelled member ceases to be a member of the Club.

 ALTERATION OF THE CONSTITUTION34. (1) The rules may be amended by resolution passed by a three quarters majorityof financial members voting at a special general meeting.(2) The secretary shall, at least 21 days before the date fixed for the holding of theSpecial General Meeting, cause a notice to be sent to each member detailing theproposed special resolutions and the notice of the calling of the Special GeneralMeeting.(3) An alteration of the objects, purposes or rules is of no effect until a copy of thealteration including a declaration by at least 2 members of the committee of theclub to the effect that the special resolution was duly pass by the club is lodged

with the Registrar's Office NSW.

 SEAL OF THE CLUB35. (1) The seal of the Club shall be in the form of a rubber stamp, inscribed with thename of the Club encircling the word "Seal".(2) The seal of the Club shall not be affixed to any instrument except by theauthority of the committee and the affixing thereof shall be attested by thesignature either of two members of the committee or of one member of thecommittee and of the public officer of the Club or such other person as thecommittee may appoint for that purpose, and that attestation is sufficient for allpurposes that the seal was affixed by authority of the committee.

(3) The seal shall remain in the custody of the public officer.

 CUSTODY OF BOOKS36. Subject to the Act, the Regulations and these Rules, the Secretary shall keep in hisor her custody or under his or her control all records, books and other documents

relating to the Club.

 INSPECTION OF BOOKS37. The records, books and other documents of the Club shall be open to inspection ata place in the Territory, free of charge, by a member of the Club at any reasonablehour.
Upcoming Events

26 02 2012 Round 2 XC Series 2012, Appin XC Track, Appin

11 03 2012 Round 3 XC Series 2012, Appin XC Track, Appin

22 04 2012 Round 4 XC Series 2012, Appin XC Track, Appin

06 05 2012 Round 5 XC Series 2012, Appin XC Track, Appin

Facebook
Search