GERALDTON AMATEUR BASKETBALL
ASSOCIATION INC. CONSTITUTION
SECTIONS: 1.
Name 2.
Headquarters 3.
Objects 4.
Management 5.
Election of officers 6.
Patron 7.
Vice Patrons 8.
Seal holders 9.
President 10.
Vice President 11.
Administrator 12.
Board of Directors 13.
Treasurer 14.
Membership 15.
Expulsion of Members 16.
Annual General Meeting 17.
Special General Meeting 18.
Auditors 19.
Alteration to the Constitution 20.
Common Seal 21.
General SECTION 1: NAME This organisation hereinafter referred to, as “The Association” shall be known as “GERALDTON AMATEUR BASKETBALL ASSOCIATION INCORPORATED”. SECTION 2: HEADQUARTERS The Headquarters of the Association shall be at such place as the members may from time to time determine. SECTION 3:
OBJECTS
3.1
To encourage, manage, promote and control basketball in the Geraldton district. 3.2
To act either alone or in conjunction with other individuals or bodies, in the interests of sport generally. SECTION 4:
MANAGEMENT
The regulation, control and conduct of all business of the Association shall be vested in the Board of Directors, hereinafter referred to as “The Directors”, with such powers and subject to such limitations as are hereinafter prescribed. SECTION 5:
ELECTION OF OFFICERS
5.1
There shall be elected at the Annual General Meeting in each year:‐ 1.
Patron 2.
Vice Patrons 3.
Seal Holders (2) 4.
Directors (8) 5.
Auditor 5.2
The Administrator shall call for nominations for the positions detailed in Section 5.1 in the first instance at least fourteen (14) days prior to the Annual General Meeting in at least one newspaper published in Geraldton. Nominations for these positions close with the Administrator two (2) days prior to the Annual General Meeting. 5.3
The Chairperson of the Annual General Meeting shall have the power, on the night of the Annual General Meeting, to call for nominations for the positions detailed in Section 5.1 if no nominations or insufficient nominations have been received in accordance with Section 5.2 5.4
Persons nominated for positions other than Patron, Vice Patrons or Seal Holders listed in Section 5.1 shall hold membership rights as listed in Section 14. 5.5
The proposer and seconded of every nominee shall hold membership rights as listed in Section 14. 5.6
Should there be more candidates nominated than the required number, the Chairperson of the meeting shall conduct a ballot on the night of the meeting, in order to determine the officers to be elected. The Chairperson may decide the issue on a show of hands of those present. 5.7
In the event of an equality of votes, the Chairperson shall exercise a casting vote. SECTION 6:
PATRON
The duly elected Patron shall hold office from one Annual General Meeting to the next. SECTION 7:
VICE PATRONS
The duly elected Vice Patrons shall hold office from one Annual General Meeting to the next. SECTION 8:
SEAL HOLDERS
8.1
There shall be two Seal Holders of the Association elected by members at the Annual General Meeting. 8.2
Any Seal Holder may be removed from office by a vote of members present at a Special General Meeting so called for the specific purpose of considering such removal, provided that any Seal Holder against whom such action shall be taken, shall, prior to such meeting, be given notice in writing of the allegations made, or the action contemplated and the date, time and place of such a Special Meeting. 8.3
The Seal Holders shall not mortgage, dispose of, or in any other way, deal with the property of the Association, except by and with the sanction of the Directors. 8.4
The Directors of the Association may appoint a temporary Seal Holder to replace a Seal Holder who is absent from the City, or who is incapacitated in some other way from performing their duties as a Seal Holder should it be considered in the best interests of the Association. SECTION 9:
PRESIDENT
The President shall be elected by the Directors and shall hold office for one or two years as determined by The Directors. The person elected to the position of President shall preside over all Meetings of the Association. SECTION 10:
VICE PRESIDENT
The Vice President shall be elected by the Directors and shall hold office for one or two years as determined by the Directors. In the absence of the President, the Vice‐President shall act for the President. SECTION 11: ADMINISTRATOR
11.1
The Administrator shall be employed by the Directors and shall hold office for a term of
twelve
months, after which time he/she may offer himself/herself for re-employment. The
Administrator
shall take charge of all books and documents of the Association, other than those pertaining to
the
duties of the Treasurer.
11.2
The Administrator shall be responsible for all secretarial duties and shall administer the affairs
of the Association in a manner prescribed by the Directors.
11.3
The Administrator shall have reasonable discretionary powers, but shall at all times remain
responsible to the Directors.
11.4
The Administrator shall furnish to the Directors, on demand, a complete report of all matters,
transactions, or things relating to the affairs of the Association, over which [he/she]
may have control or of which [he/she] may have knowledge.
11.5
The Administrator shall convene all meetings of the Directors.
11.6
The Administrator shall be authorised to operate a Petty Cash system in accordance with the
prescribed manner of the Directors.
11.7
The Administrator shall control a fixture committee who shall prepare a list of fixtures for all
grades in accordance with nominations received.
SECTION 12:
BOARD OF DIRECTORS
12.1
The Board of Directors shall consist of the President, Vice President, Treasurer and five
Directors as decided by the Annual General Meeting.
12.1.1
The Directors will hold office for two years. Four Directors will retire one year with the other
four retiring the following year. In the initial year of the inception of this sub-section
The Directors shall determine which four Directors retire. Retiring Directors may offer
themselves for re-election under this sub-section.
12.2
The powers of the Directors shall be:-
12.2.1
To take on lease, or otherwise obtain, any accommodation or buildings for the use of the
Association.
12.2.3
To effect such affiliation with Amateur Sporting Bodies as may be deemed necessary and to
appoint delegates to represent the Association at any Meetings or Conferences conducted by
such Bodies.
12.2.4
laws
To appoint subcommittees, to define their powers, and to establish, amend or repeal such byor standing orders as may be necessary for the conduct of the business or
competitive
activities of the Association.
12.2.5
To provide for the representation of the Association in any amateur Basketball competition,
championship, exhibition or games as may be deemed advisable from time to time.
12.2.6
To remove or expel any member from membership of the Association and to disqualify any
player or official from participating in any activity conducted by the Association.
12.2.7
such
To control all basketball games or competitions, championships and exhibitions organised
by or within the Association and for that purpose, to provide such By – Laws as may be
necessary and to do all things necessary for the providing of playing facilities, equipment and
other items as may be necessary for the actual conduct and control of basketball games.
12.2.8
Generally to do all things necessary or expedient for the proper and effective carrying out of
all or any one of the objects of the Association.
12.2.9
To appoint a Director to fill a vacancy caused by the resignation of a Director.
12.3
The Directors shall meet at least once each calendar month in the period October to April each
year and at other times as deemed necessary.
12.4
The President shall be empowered to call additional meetings of the Directors as (he / she)
requires.
12.5
An attendance of five of its Directors shall constitute a quorum.
12.6
Each person present at Directors meetings shall be entitled to one vote each with the exception
of the President, who shall have a casting vote as well.
12.7
Reasonable and suitable notice of meetings shall be given by the Administrator or (his/her)
representative.
SECTION 13:
TREASURER
13.1
The Treasurer shall be appointed by the Directors and shall hold office for one or two years as
determined by the Directors.
13.2
The Treasurer shall receive all monies owing to the Association and shall pay such monies
into Association accounts as determined by the Directors.
13.3
The Treasurer shall keep a numbered receipt book for all monies received.
13.4
The Treasurer shall make all statements of receipts and expenditure available to the Auditor.
13.5
The Treasurer shall present an audited financial statement at the AGM of the Association.
13.6
The Treasurer shall present, monthly, a balance sheet to the Directors, or upon request by the
Directors at any given time.
13.7
The Treasurer shall sign, with either the President or the Administrator.
SECTION 14:
14.1
MEMBERSHIP
The Association shall consist of:Honorary Life Members
Honorary Members
Junior Members of Affiliated Clubs
Senior Members of Affiliated Clubs
each having their respective rights and privileges hereinafter prescribed in 14.2
14.2
Membership;
14.2.1
Honorary Life Members:
The Directors may, without payment of any fee, recommend any person for Honorary Life
Membership, in consideration of special service rendered to the Association. Such person so
recommended shall be elected to the position by members of the Association at any General
Meeting of the Association. An Honorary Life Member shall be entitled to such rights and
privileges as may be determined from time to time by the Directors.
14.2.2
Honorary Members:
The Directors shall have the right to admit persons as Honorary Members of the Association.
The duration of such membership shall be determined by the Directors and entitles the
member to such rights and privileges as may be determined from time to time.
14.2.3
Junior Members:
The Directors shall have the right to determine privileges from time to time for playing
members of Clubs affiliated with the Junior Council.
14.2.4
Ordinary Members:
Ordinary Members shall be financial members of affiliated clubs of the Association.
14.2.4.1 Application for club affiliation must be lodged with the Administrator, on or before a date in
each year to be determined by the Directors.
14.2.4.2 Applicants must pay to the Association such fees as may be determined from time to time by
the Directors.
14.2.4.3 Ordinary Members shall be deemed to be unfinancial if their club affiliation fees have not
been received on or before a date in each year to be determined by the Directors.
14.2.4.4 Applicants must pay to the Association such affiliation fees as may be determined from time
to time by the Directors.
SECTION 15:
EXPULSION OF MEMBERS
15.1
In the event of any member of the Association committing a breach of the Rules or ByLaws, which in the opinion of the Directors, warrants expulsion, the Directors shall
immediately convene an enquiry into such a breach.
15.2
The enquiry will take the form of a Special Meeting of the Directors held for the sole purpose
of enquiring into the alleged breach.
15.3
The member alleged to have committed such a breach will be given notice by the
Administrator, of the time, place and date of the meeting. Such notice will give details of the
charge or charges against the member and will be forwarded by post seven (7) clear days prior
to the date of the meeting.
15.4
The member shall be informed in writing by the Administrator of the decision of the meeting.
15.5
In the event of the expulsion of a member, all fees paid by the member shall be forfeited.
SECTION 16:
ANNUAL GENERAL MEETING
16.1
The Annual General Meeting shall be held at a time to be determined by the retiring Directors.
16.2
The order of business of the Annual General Meeting shall be as hereunder:Minutes
Presentation of Reports
Election of Officers
Notice of motion
General business
16.3
Every Annual General Meeting shall be convened by advertisement in at least one newspaper
published in Geraldton, or by such other means determined by the Directors. Such notice
shall give at least fourteen (14) clear days notice of the meeting and contain the date, time and
place of the meeting.
16.4
Voting at the Annual General Meeting shall be by show of hands but any five (5) members
present may demand a poll, which shall forthwith be taken by secret ballot, and the results
declared by the Chairperson. In the case of an equality of votes, the Chairperson shall have the
casting vote.
16.5
Twelve (12) members shall constitute a quorum for an Annual General Meeting.
16.6
No person other than an Ordinary, Honorary or Honorary Life Member shall be entitled to
vote at the Annual General Meeting.
16.7
In the event of a quorum not being present within thirty (30) minutes of the advertised starting
time of the meeting, it shall be adjourned to a date within fourteen (14) days thereafter and
notice of same shall be advertised in at least one newspaper published in Geraldton, or such
other means determined by the Directors. Such notice shall give at least seven (7) clear days
notice and contain the date, time and place of the meeting.
SECTION 17: SPECIAL GENERAL MEETING
17.1
Special General Meetings may be called under the following circumstances.
17.1.1
Whenever. In the opinion of the Directors, such a meeting is necessary.
17.1.2
On receipt, by the Directors, of a petition signed by at least fifteen (15) Financial Members of
the Association, or by at least five (5) Directors, requesting the convening of such a Meeting,
Such petition shall contain the reason for convening the Meeting.
17.2
On receipt of such a petition, within fourteen (14) days, the Administrator will act to convene
a Special General Meeting.
17.3
Notice of such a meeting shall be given as prescribed in Section 16.3 of the Constitution.
17.4
No business shall be transacted at a Special General Meeting except the business contained in
the form of notice convening the Meeting.
17.5
Voting at Special General Meetings shall be as prescribed in Section 16.4 of the Constitution.
17.6
Twelve (12) Financial Members shall constitute a quorum at a Special General Meeting.
17.7
In the event of a quorum not being present within (30) minutes of the advertised starting time,
if convened upon the petition of the members, the meeting shall be forthwith dissolved. If in
any other case, adjournment shall be ordered by the Chairperson in accordance with Section
16.7 of the Constitution.
SECTION 18: AUDITORS
18.1
One Auditor, not being a registered playing member, or financial member of the Association,
shall be elected at the Annual General Meeting.
18.2
The Auditor shall:
18.2.1
Examine all books and accounts of the Association immediately after the expiration of each
Financial Year and certify as to the correctness of the Balance Sheet and Statement of
Receipts and Expenditure.
18.2.2
Have access to all Books and Accounts of the Association.
18.2.3
Be entitled to examine any Office Bearer of the Association in regard to the Accounts of the
Association.
18.2.4
Be authorised to obtain from any Bank or Building Society or Financial Institution,
Statements showing the balances of Association Accounts.
18.2.5
Make such audits as may from time to time be ordered by the Directors. Such Certified
Auditors Report shall be submitted to the AGM.
SECTION 19:
ALTERATION TO THE CONSTITUTION
19.1
These rules shall come into operation on the 10th of October, one thousand, nine hundred and
ninety. All Rules and By-Laws in operation prior to that date are hereby repealed.
19.2
This Constitution may be amended or repealed at any Annual General Meeting or Special
General Meeting, providing that notice of any proposed alteration shall be in the hands of the
Administrator in writing at least fourteen (14) clear days prior to such meeting, and that two
thirds of the members in attendance from two thirds of the clubs in the association, vote in
favour of the proposed alteration (s).
19.3
A copy of every new rule or amendment shall be available to every member in possession of a
copy of the Constitution. On request.
19.4
Should any dispute arise as to the interpretation of these rules, or sense of intention of these
rules, or should the ruling of the Chairperson on such interpretation be dissented from, such
dispute or objection shall be referred to the Directors whose decision shall be final and
binding in all cases.
SECTION 20:
COMMON SEAL
20.1
The Common Seal of the Association shall be in the hands of a Seal Holder, or such other
Office Bearer as may be determined by the Directors.
20.2
The Seal shall not be affixed to any Deed, Document or Instrument except under and by virtue
of a resolution of the Directors.
20.3
The Seal shall be affixed in the presence of two Seal Holders, who shall sign every Deed,
Document or Instrument to which the Seal shall be affixed in the following form.
The Common Seal of the Geraldton Amateur Basketball
Association Incorporated was hereunto affixed pursuant
To a resolution of the Directors, dated the ----day of ----Two thousand and ---------
Signed:------------------------and ---------------------------
SECTION 21: GENERAL
21.1
Honoraria
The Association may award such honoraria, as it considers fit, for services rendered to or for
the Association.
21.2
Copy of Rules
A copy of the Constitution and By-Laws of the Association shall be supplied to every member
of the Association upon demand.
21.3
Circulars or Notices to Members
Details of all Circulars or Notices forwarded to Members shall be recorded in a book kept for
this purpose. Details so recorded will be considered Prima Facie evidence that such Notice or
Circular has been received by a Member, in accordance with normal postal procedure.
THE END:
The following statement is not part of the constitution, but rather is meant to assist
association office bearers who are charged with amending this document.
This document was up-dated on 1st August, 2006.
A floppy disc is held by the Administrator.
Future changes to the Constitution can be added to the document by utilising such floppy
disc.