By Laws
of the
Canberra City and Suburban Cricket Association Inc.
- Revised October 2016 -
TABLE OF CONTENTS
INTRODUCTION............................................................................................................................. 3
1 Definitions and Interpretation ............................................................................................................3
PART I - MEETINGS ............................................................................................................ 4
2 Annual General Meetings ..................................................................................................................4
3 Ordinary General Meetings................................................................................................................5
4 Special General Meetings ..................................................................................................................5
5 Defect Notice ............................................................................................................................. 5
PART II - OFFICE BEARERS AND COMMITTEE ....................................................................... 6
6 Election of Office Bearers ........................................................................................................... 6
7 Eligibility .............................................................................................................................. 6
8 Resignation ...................................................................................................................................... 7
9 Non-Attendance ............................................................................................................................... 7
10 Removal from Office................................................................................................................... 7
11 Filling of Vacancies .................................................................................................................... 7
12 Management Committee ...................................................................................................................7
13 Hearing of Protests, Disputes or Allegations of Misconduct ................................................................ 7
14 Appeals to a General Meeting of the Association ................................................................................8
15 Club Suspended or disqualified ......................................................................................................... 9
PART III - FINANCE ................................................................................................................. 9
16 Audit .......................................................................................................................................... 9
17 Late Fees ......................................................................................................................................... 9
18 Bank Account ............................................................................................................................. 9
19 Financial Dedication .......................................................................................................................10
PART IV - MISCELLANEOUS .................................................................................................... 10
20 Equality of Votes ...................................................................................................................... 10
21 Standing Orders ............................................................................................................................. 10
22 Grading Principles .................................................................................................................. 10
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INTRODUCTION
1
DEFINITIONS AND INTERPRETATION
Definitions
1.1
In these By-laws, unless expressly stated to the contrary or the context otherwise
indicates:
Disputes Committee
A committee formed by the Association Executive under clause
13.2 for the purpose of arbitrating on disputes;
Notify
means giving a notice that may be:
1.2
(a)
sent by prepaid ordinary mail;
(b)
sent by facsimile to the facsimile number of the addressee;
(c)
sent by E-mail; or
(d)
hand delivered to the addressee.
Reference to:
(a)
Any reference in these By-laws to an Office Bearer, Committeeperson or
Delegate shall be taken to include any person acting in that capacity due to the
resignation, removal, absence, incapacity or suspension of the person
concerned.
(b)
one gender includes the other;
(c)
the singular includes the plural and vice versa;
(d)
money is to be Australian dollars, unless otherwise stated;
(e)
time is to be Australian Eastern Standard Time, unless otherwise stated.
1.3
'Including' and similar expressions are not words of limitation.
1.4
Where a word or expression is given a particular meaning, other parts of speech and
grammatical forms of that word or expression have a corresponding meaning.
1.5
Headings are for convenience only and do not form part of these By-laws or affect its
interpretation.
1.6
If an act must be done on a specified day, which is not a Business Day, it must be
done instead on the next Business Day.
1.7
Any undefined terms have the same meanings as in the Constitution.
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1.8
To the extent that there is an inconsistency between a provision in any of the
documents comprising the Constitution, these By-laws and the Competition Rules and
another provision in any of them or between a provision in any of these documents
and a provision in any other document referred to in any of them:
(a)
a specific provision takes precedence over a general provision; and
(b)
otherwise, to the extent necessary to resolve the inconsistency, the following
order of precedence applies:
(i)
clauses 1 to 37 of the Constitution;
(ii)
any attachments to this Constitution;
(ii)
the By-laws;
(iv)
any attachments to the By-laws;
(v)
the Competition Rules
(vi)
any attachments of the Competition Rules.
PARTI - MEETINGS
2
ANNUAL GENERAL MEETINGS
2.1
The time, date and place of the Annual General Meeting shall be determined by the
Association Executive in accordance with the Constitution and notified to all
affiliated Clubs at least 21 days prior to the meeting. The agenda for the AGM must
be circulated at that time.
2.2
The time, date and place of the Annual General Meeting may be advertised in the
media prior to the date of the meeting and may be notified to other interested parties.
2.3
The agenda of business of the Annual General Meeting includes without limitation:
(a)
authorisation of delegates;
(b)
reading and confirmation of the minutes of the previous Annual General
Meeting and business arising therefrom;
(c)
presentation of the Annual Report;
(d)
presentation of the Financial Statement and Auditor's Report;
(e)
notices of motion;
(f)
election of Office Bearers and Committeepersons; and
(g)
general business.
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3
ORDINARY GENERAL MEETINGS
3.1
Two (2) OGMs will be held during the cricket season:
(a)
one in early December, being the time in which Clubs must pay any
outstanding fees; and
(b)
the other at least two (2) weeks before the first week of the finals series
matches.
3.2
At least seven (7) days notice shall be given to all affiliated Clubs of the time, date
and place of the meeting and business to be transacted thereat. The agenda for the
OGM must be circulated at that time.
4
SPECIAL GENERAL MEETINGS
4.1
Special General Meetings of the Association may be called by the direction of:
(a)
the President;
(b)
the Secretary;
(c)
the Association Executive; or
(d)
at the written request of three (3) Clubs.
4.2
Special General Meetings shall not be convened unless there is some urgency
regarding the business to be dealt with, or for the purpose of hearing an appeal of a
Disputes Committee decision.
4.3
Notwithstanding clause 4.2, an SGM called by 3 Clubs cannot be vetoed by the
Association Executive.
4.4
At least 3 days notice shall normally be given of the time, date and place of the SGM
and the business to be dealt with thereat.
4.5
A Special General Meeting may be called in the week preceding any final series
matches at just 24 hours notice, for the purpose of hearing any appeal, the outcome of
which would affect the eligibility of teams, or players thereof, to participate in those
matches.
4.6
No further appeals on decisions taken at an SGM may be made unless there is a valid
defect notice made in accordance with clauses 5.2 or 5.3 as the case requires.
5
DEFECT NOTICE
5.1
A meeting of the Association and any decisions made thereat are not necessarily
invalid by reason of failure to comply with all the formalities with respect to the
giving of due notice of the time, date and place of the meeting provided such
formalities are substantially complied with.
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5.2
Where a defect occurs, an Office Bearer, Committeeperson or Delegate present may
challenge the validity of the meeting at that time and the Association shall decide
issue forthwith before proceeding to consider any further business.
5.3
An Office Bearer, Committeeperson or Delegate not present at the meeting may
challenge to a member of the Association Executive, preferably the Secretary, and the
matter shall be determined at the next meeting of the Association before proceeding to
consider any further business.
PART II - OFFICEBEARERSAND COMMITTEE
6
ELECTION OF OFFICE BEARERS
6.1
Nomination for election as an Office Bearer shall be put and seconded by voting
members at the Annual General Meeting.
6.2
Elections for all positions shall be by ballot and each Delegate shall have one vote.
6.3
An election shall be held for each position, with the nominee with the highest number
of votes elected, provided it is at least two-fifths of the total number of votes cast. If
the requisite number of votes is not obtained, a second ballot shall be held between
the two nominees who received the highest number of votes in the first ballot.
6.4
If the ballot is tied, a further ballot between the two or more nominees who tied in the
previous ballot shall be held. If a tie persists, the results shall be decided by the
drawing of lots.
6.5
The Office Bearers shall assume office at the conclusion of the Annual General
Meeting at which they were elected and unless they vacate their offices beforehand
shall serve until conclusion of the next Annual General Meeting.
6.6
If insufficient further nominations are received, any vacant position remaining on the
Committee shall be deemed to be a casual vacancy.
Vacancies
6.7
A vacancy in the office of a member of the Association Executive occurs if:
(a)
the member dies, resigns or ceases to be a Member of a Club,
(b)
is removed from office under clauses 9 or 10 or becomes mentally
incapacitated.
(c)
insufficient further nominations are received for a vacancy pursuant to clause
6.6.
7
ELIGIBILITY
7.1
A Delegate who is elected an Office Bearer shall, on assuming office, cease to be a
Delegate and their Club shall appoint another Delegate in their place.
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8
RESIGNATION
8.1
An Office Bearer or member of the Association Executive may resign by Notifying
the President or Secretary to that effect.
9
NON-ATTENDANCE
9.1
The Association Executive may remove from office any member of the Association
Executive who fails to attend three (3) successive meetings of the Association
Executive without the leave thereof or leave of the Association.
10
REMOVAL FROM OFFICE
10.1
The Association may remove from office any Office Bearer or member of the
Association Executive, or the members of any other committee, on any grounds it
thinks fit.
11
FILLING OF VACANCIES
11.1
Whenever the position of an Office Bearer or member of the Association Executive
becomes vacant, the Association shall elect a person to fill the vacancy at its next
OGM or SGM.
11.2
Prior to such a meeting, or during the temporary absence or incapacity of an Office
Bearer, the Association Executive may appoint one of its members to act in the
position.
12
MANAGEMENT COMMITTEE
12.1
The Association Executive shall meet regularly during the cricket season and prior to
the Annual General Meeting.
12.2
The President shall be chair of Association and Association Executive meetings, and
in the President's absence, a temporary chair shall be another member of the
Association Executive.
12.3
At least four (4) days notice of the time, date and place of an Association Executive
meeting shall be given to members of the executive.
12.4
The minutes of each meeting shall be kept and circulated after they have been agreed
at the next meeting.
13
HEARING OF PROTESTS, DISPUTES OR ALLEGATIONS OF
MISCONDUCT
13.1
A report of protest, dispute or misconduct arising out of any match shall be lodged in
writing with a member of the Association Executive, preferably the Secretary, no later
than one Business Day (midnight) after the completion of the match.
13.2
The Association Executive should only preside in matters of protest, dispute or
misconduct if the matter is so urgent that it is not practical to refer it to a Disputes
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Committee. In such instances, the same process as laid out below for the Disputes
Committee will be followed.
13.3
A Disputes Committee, made up of independent people from Cricket ACT’s own
Disputes Committee, shall be appointed, subject to clause 13.4, to arbitrate on all
matters pertaining to protests, disputes and misconduct, and the Disputes Committee
may require the Club making the complaint to lodge a deposit of $20.
13.4
No Member of a Club involved in the dispute may be appointed to the Disputes
Committee.
13.5
The Club against which the dispute is made shall be provided with a copy of the
complaint and be given the opportunity to provide a written report responding to the
complaint before the matter is heard by the Disputes Committee.
13.6
The Disputes Committee shall meet within one (1) week to decide unless the matter is
urgent, or later if it requests guidance from the Association Executive.
13.7
At the discretion of the Disputes Committee, the Member or a representative of each
Club involved in a dispute or allegation of misconduct may be invited to attend the
Committee hearing. Where a protest, dispute or allegation of misconduct is
challenged and there is a possibility of a finding against the Member or Club, the
Disputes Committee would invite such attendance.
13.8
The Disputes Committee may decide to impose penalties that include without
limitation:
(a)
suspension of an Office Bearer, player or Club;
(b)
docking of points; and
(c)
fines.
13.9
At the discretion of the Disputes Committee, a representative of each Club involved in
a dispute may be invited to attend the Committee hearing.
13.10
The Disputes Committee must Notify the relevant Clubs and the Association of its
decision within one (1) Business Day of the meeting unless further guidance is
required.
14
APPEALS TO A GENERAL MEETING OF THE ASSOCIATION
14.1
A Club may make an appeal against any decision of the Association Executive or
Disputes Committee to the Association by calling a SGM with the support of two (2)
other Clubs in accordance with clause 4 or by including it on the agenda of an AGM
or OGM.
14.2
If a Club wishes to make such an appeal, it must lodge the appeal with a member of
the Association Executive, preferably the Secretary, within 96 hours of notification of
the decision and lodge a deposit of $20.
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14.3
Until the appeal is resolved, a Member or Club suspended by the Disputes Committee
in regard to the matter that is the subject of the appeal, may continue to participate in
competition matches.
14.4
Nothing in the Constitution, By-laws or Competition Rules shall prevent a general
meeting of the Association from hearing and determining any dispute in the first
instance if the Disputes Committee is unable to hear and determine the matter before a
general meeting of the Association.
15
CLUB SUSPENDED OR DISQUALIFIED
15.1
The Delegates of any Club suspended or disqualified under clause 13.3 may not vote or
move motions at any meeting of the Association or speak on any matter without the
consent of the meeting.
15.2
A suspension or disqualification imposed under clause 13.3 shall not exclude a Club
from continuing to participate in competition matches unless the motion imposing the
penalty expressly provides for such exclusion.
PART III - FINANCE
16
AUDIT
16.1
The Auditor shall audit the accounts of the Association and his report, together with
the Treasurer's statement of receipts and expenditure and the balance sheet shall be
presented to the Annual General Meeting.
17
LATE FEES
17.1
Any Club not making payments to the Association by the dates stipulated may be
surcharged with an amount that the Association or Association Executive may
determine.
17.2
Other non-financial sanctions may also be imposed, such as forfeiture of points.
18
BANK ACCOUNT
18.1
The Association shall maintain a cheque account at a bank or credit union determined
by the Association Executive. The Association Executive may hold or invest the
funds of the Association in savings bank accounts, bank fixed deposits, building
societies and government securities, and, with the prior approval of the Association,
with other institutions.
18.2
The Treasurer or President must obtain approval by two other executive members
before making any payments exceeding $500.
18.3
The President and Treasurer will be the only executive members who may have
access to the bank account.
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19
FINANCIAL DEDICATION
19.1
The Association Executive may incur liability on behalf of the Association up to $500
and for any greater amount with the prior approval of the Association.
PART IV - MISCELLANEOUS
20
EQUALITY OF VOTES
20.1
The President or other chair at any meeting of the Association or Association
Executive shall have a deliberative vote and in the event of an equality of votes, the
question shall pass in the negative.
21
STANDING ORDERS
21.1
Subject to the Constitution and By-laws, the Association may determine rules of
procedure at its meetings, and subject to any directive of the Association, the
Association Executive may determine rules of procedure for meetings thereof.
22
GRADING PRINCIPLES
22.1
In determining the grading of clubs, the Association Executive must do so in a
manner that supports the following principles:
(a) 1st Grade as well as other higher grades are strengthened;
(b) The size of grades should be as even as possible; and
(c) the grades should be as competitive as possible.
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