Downs & District Ladies Bowling Association Inc.
Constitution and By-Laws – Downs District Ladies Bowls Association

Constitution and By-Laws – Downs District Ladies Bowls Association

CONSTITUTION AND BY LAWS

DOWNS AND DISTRICT LADIES

BOWLING ASSOCIATION

INCORPORATED

Complete with Mandatory Rules December 2008

(Registered 10^th July 2017)

INDEX

PAGE

THE ASSOCIATION

1. Name 2

2. Objects of the Association 2

3. Association Incorporated 2

4. Qualifications for Membership of Bowls Queensland. 2

5. Activities shall be Lawful 2

6. Powers of the Association 3/4

MEMBERSHIP

1. Affiliated Club 4

2. Members of the Association 4

a. Members of the Association 4

b. Member of a Club 4

c. Junior Members 4

3. Membership of Clubs into the Association 4/5

4. Life Members of the Association 5

5. Register of Members 5

6. Membership Fees 5

a. Financial Year 5

b. Membership Fees 5

c. Failure to Pay Membership Fees 5/6

7. Conduct 6

8. Disputes 6/7

9. Notices 7

10. Indemnity of Members 7

GOVERNMENT OF THE ASSOCIATION

1. General Meetings 7

a. Annual General Meeting 7

b. Special General Meetings 7/8

c. Notices of Motion 8

d. The Business of the General Meetings 8

e. Quorums at General Meetings 8

f. Conduct of a General Meeting 8

g. Voting at General Meeting 8/9

h. Adjournment of a Meeting 9

i. Special Resolution 9

j. Distribution of Surplus Assets 9

2. Special Levies 9

3. The Auditor 9

4. The Common Seal 10

5. Alterations to this Constitution 10

ADMINISTRATION OF THE ASSOCIATION

1. The Council 10

2. The Management Committee 10

3. Power and Functions of the Management Committee 10/11

4. The Management Committee Elected Annually 11

5. Election of the Management Committee 11

6. Removal of an Management Member 12

7. Powers and Functions of the Council 12

8. Resignation of Delegates 12

9. Vacancies on the Council 12

Council Meetings 12/13

11. Council Committees 13

12. Validity of Council and Resolution 13

13. The Funds 13

a. Generally 13/14

b. Treasurer’s Reports 14

c. Use of Funds 14

14. Minutes of Meetings 14/15

15. Documents 15

16. By-Laws 15

17. Delegate to Bowls Queensland. 15

18. Player Commitments 15

CONSTITUTION OF DOWNS and DISTRICT LADIES BOWLING ASSOCIATION INCORPORATED

SECTION A

THE ASSOCIATION

NAME

The name of the association is the “Downs and District Ladies Bowling Association Incorporated” herein after referred to as “the Association”.

OBJECTS OF THE ASSOCIATION

The objects of the Association are:

a. The promotion and development of the Game of Bowls within the powers of the Association and the encouragement of good fellowship:

b. The promotion, management, and control of games, competitions and such other matches as may be decided from time to time: and

c. The provision, development and promotion of such other activities which from time to time are deemed to benefit the Game of Bowls, the affiliated Clubs, and Members of the Association.

ASSOCIATION INCORPORATED

The Association is incorporated under the provisions of the Associations Incorporation Act (1981 as amended) (hereinafter referred to as “the Act”) and will comply with the provisions of the Act and its Regulations.

QUALIFICATIONS FOR MEMBERSHIP OF BOWLS QUEENSLAND.

The Association is a Member of Bowls Queensland Inc. (hereinafter referred to as B.Q.) and will abide by the Constitution and By-laws of B.Q. and of Bowls Australia Inc. (hereinafter referred to as B.A.) in regard to the playing of bowls.

Elect delegates to B.Q. at its AGM or at a Special General Meeting as its representative on the Council.

The Association shall comprise not less than eight (8) Clubs in a defined area subject to Clause 27 of the Bowls Queensland Constitution.

The Association shall lodge with B.Q. a copy of its Constitution which shall provide for every affiliated Club within the District to be equally represented on the Council by at least one (1) Delegate elected by the members of the Club at a General Meeting of the Club.

The Association will not make amend or repeal any rule or By-law in relation to the playing of the Game of Bowls, that conflicts with the Constitution and By-laws of B.Q. or Bowls Australia Inc.

The Association shall provide such returns as are required by B.Q. including a list of District Bowls Association Officers within thirty (30) days of the date of the Annual General Meeting. It must provide advice to B.Q. of any changes or amendments to the District Bowls Association Constitution.

It must be prepared to support and promote the welfare of the Association and the game of bowls.

ACTIVITIES SHALL BE LAWFUL

The District Association shall comply with all lawful requirements of the Commonwealth, State, and Local Government and other Statutory Authorities having jurisdiction over any activities of the District Association.

POWERS OF THE ASSOCIATION

The powers of the Association are:

a. To subscribe to, become a Member of and co-operate with any other Association, Club or Organisation, whether incorporated or not, whose objects are altogether or in part similar to those of the Association provided that the Association shall not subscribe to or support with its funds any Club, Association or Organisation which does not prohibit the distribution of its income and property among its Members to an extent at least as great as that imposed on the Association under or by virtue of Clause D.13(c) of this Constitution:

b. In furtherance of the objects of the Association to buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the Members of the Association or persons frequenting the Association’s premises:

c. To purchase, take on lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal, and any rights or privileges which may be requisite for the purposes of or capable of being conveniently used in connection with, any of the objects of the Association – provided that in case the Association shall take or hold any property which may be subject to any Trusts the Association shall only deal with the same in such manner as is allowed by law having regard to such Trusts:

d. To enter into any arrangements with any Government or Authority that are incidental or conducive to the attainment of the objects and the exercise of the Powers of the Association; to obtain from any such Government or Authority any rights, privileges and concessions which the Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions;

e. To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Association;

f. To remunerate any person or body corporate for services rendered, or to be rendered, and whether by way of brokerage or otherwise in placing or assisting to place or guaranteeing the placing of any unsecured notes, debentures or other securities of the Association, or in or about the Association or promotion of the Association or in the furtherance of its objects;

g. To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the Association’s interests, and to contribute to, subsidise or otherwise assist and take part in the constitution, improvement, maintenance, development, working, management, carrying out, alteration or control thereof;

h. To invest and deal with the money of the Association not immediately required in such manner as may from time to time be thought fit;

i. To take, or otherwise acquire, and hold shares, debentures or other securities of any Company or Body Corporate;

j In furtherance of the objects of the Association to lend and advance money or give

credit to any person or Body Corporate; to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or Body Corporate, and otherwise to assist any person or Body Corporate;

k To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or secure any moneys and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, lien or other security upon the whole or any part of the Association’s property or assets present or future and to purchase, redeem or pay-off any such securities;

l To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments;

m. In furtherance of the objects of the Association to sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any party of the property and rights of the Association.

n. To take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, or any part of the Association’s property of whatsoever kind sold by the Association or any money due to the Association from purchasers and others;

o. To take any gift or property whether subject to any special trust or not, for any one or more of the objects of the Association but subject to the proviso in Sub-Clause c., above;

p. To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Association, in the shape of donations, annual subscriptions or otherwise;

q. To print and publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects;

r. In furtherance of the objects of the Association to amalgamate with any one or more incorporated Associations having objects altogether or in part similar to those of the Association and which shall prohibit the distribution of its or their income and property among its or their Members to an extent at least as great as that imposed upon the Association under or by virtue of Clause D.13(c) of this Constitution;

s. In furtherance of the objects of the Association to purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated Associations with which the Association is authorised to amalgamate;

t. In furtherance of the objects of the Association to transfer all or any part of the property, assets, liabilities and engagements of the Association to any one or more of the incorporated Associations with which the Association is authorised to amalgamate;

u. To make donations for patriotic, charitable or community purposes;

v. To transact any lawful business in aid of the Commonwealth of Australia in the prosecution of any war in which the Commonwealth of Australia is engaged and;

w. To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the Powers of the Association;

SECTION B: MEMBERSHIP

AFFILIATED CLUB

An affiliated Bowls Club or the division/section of an amalgamated Bowls Club is any Bowls Club affiliated with B.Q. which associates itself with this Association in accordance with Clause B3 of this Constitution.

MEMBERS OF THE ASSOCIATION.

a. “Members of the Association” shall be the affiliated Clubs, represented at meetings by one (1) Delegate elected by each Club. The Council has no right of rejection of a Delegate.

b. “Member of a Club” means a person of eighteen (18) years of age or over who has been admitted to Membership of a Club and for whom a Fee is paid by the Club as an Ordinary or Life Member of that Club;

c. “Junior Members of Clubs” will comprise such Members who are under the age of eighteen (18) years. They shall be entitled to play bowls in any Club or District competition according to the conditions laid down for the playing of the event.

3. MEMBERSHIP OF CLUBS INTO THE ASSOCIATION

Any Bowls Club, or the division/section of an amalgamated Bowls Club which resolves to be a Member of this Association, and which, in all respects conforms with the requirements of B.Q., shall be eligible to apply for Membership of this Association and, if duly accepted, shall be entitled to exercise the rights and privileges of a Club which is a Member of this Association.

A Club applying for Membership shall support its application with Certificate signed by the Secretary giving the following information:

The name of the Club;

b. Copy of the letter granting the Club affiliation to B. Q.;

c. A copy of the Club’s Constitution and Rules;

d. Names of current Office-Bearers; and

e. Names and addresses of the person/s elected by the Club to represent the Club as its Delegate/s.

A similar Certificate shall be furnished by a Club at any time if so required by the Association.

When the Council of the Association is satisfied with an Application for Membership, the Council may grant Membership at any meeting of the Council.

Each Club shall provide details of the Club’s new Council within thirty (30) days of the Annual General Meeting of the Club.

4. LIFE MEMBERS OF THE ASSOCIATION.

Life Members of the Association shall only be nominated after having provided distinguished

service to the Association and may be elected only after recommendation by a Club, endorsed by the Council and passed by a Special Resolution of an Annual or Special General Meeting of the Association.

Life Members shall be entitled to all privileges of Membership of the Association and may

attend and speak at the Annual General Meeting of the Association but shall not, by virtue of such Life Membership alone, be entitled to move or second motions or amendments to motions or to vote on same.

The number of Life Members shall be unlimited.

REGISTER OF MEMBERS.

The Secretary must keep a register of Members of the Association including the following particulars:

(a) The date of admission of the Member

(b) The address of the Club

MEMBERSHIP FEES.

a. Financial Year

The Financial Year of the Association shall end on the 30^th day of the ninth month of each year.

Membership Fees

Each Club shall pay yearly to the Association towards the funds of the Association a Membership Fee. The amount of such fee shall be fixed at the September Council meeting. When so determined, the membership fee shall be deemed to be due and payable on the first day of DECEMBER immediately following the end of the financial year, and shall apply to the period of 30th September in that year.

Fees for remission to B.Q. and B.A. (as determined by those organisations) shall be forwarded as required by those bodies.

The Association Membership fee is based on all Ordinary and Life Members of Clubs (other than Life Members of the Association), as at the 31^st December preceding the year for which the membership fee was fixed.

c. Failure to Pay Membership Fees

Any Club which fails to pay any Membership Fee or any Special Levy within thirty (30) days of the due date shall be deemed to be unfinancial and shall forthwith be deprived of all privileges of Membership to the Association including:

i) The right of its Delegate to speak or vote at Meetings; and

ii) The right of Members of Clubs to enter for and play in any Association matches or be selected to represent the Association.

The Association shall at any General Meeting called for that purpose expel any Club which is in excess of six (6) months in arrears in payment of its Membership Fee or any Special Levy.

CONDUCT

Any Member of the Association or a Member of an affiliated Club who fails to observe any of the Constitution or By-laws of Bowls Queensland or the District Association, or who is deemed guilty of an act, practice or conduct calculated to bring discredit on the Game of Bowls or to the Association or who at any Association event engages in illegal betting or uses obscene or abusive language renders themselves liable to reprimand, suspension or expulsion. A written report of any such breach or misconduct shall be investigated by the Management Committee who shall have power to demand and direct apologies, reprimand, suspend or expel a Member of any affiliated Club.

All Discipline and complaint related procedures be governed by the Bowls Queensland Member Protection Policy.

A Member or a Member of an affiliated Club shall not be dealt with under this rule except upon a charge or complaint in writing to the Secretary setting out the conduct which is the subject matter of the charge or complaint and bearing the signature of the complainant. Any Member, or a Member of an affiliated Club so charged shall be notified in writing by the Secretary of the nature of the complaint and the Member of an affiliated Club charged shall be given the right of answering the charge by appearing before the Management Committee and of calling evidence and of questioning witnesses.

In the event of a Junior Member of an affiliated Club being called before the Management Committee of the Association on a charge or complaint, such Member shall be entitled to be accompanied by a Parent/Guardian.

Any Member or Member of an affiliated Club so reprimanded, suspended or expelled shall have the right of appeal within ten (10) days of receipt of written notice of reprimand, suspension or expulsion to a Special General Meeting of the Association. Such written notice shall inform such Member or Member of an affiliated Club of the right of appeal under this rule. Such appeal shall be in writing signed by the appellant. Upon receipt by the Secretary of the appeal, a Special General Meeting shall be called by the Secretary in accordance with Rule C1 (b), and the appellant shall be entitled to all District privileges until such appeal is determined. Such appeal shall be deemed lost unless upheld by a three-quarters majority of those Members present and entitled to vote at the Meeting. There shall be no further right of appeal.

Any Member of the Management Committee and sub-committees, who is suspended

or expelled, shall be ineligible to:

(a) play bowls in any Association event

DISPUTES

All disputes between two or more Members of any Club shall be resolved solely by that Club.

The Council shall have power to settle all appeals and disputes concerning Association matters as between different Clubs or Members of two or more Clubs.

Such appeals and disputes shall be submitted to the Council in writing within thirty (30) days of the dispute arising.

The decision of the Council shall be final unless the decision is varied on appeal to B.Q. when such appeal is competent.

Nothing herein shall override the provisions of Law 8.3 & DR 2.3 of the Laws of the Sport of Bowls as per World Bowls Crystal Mark Edition Jan 2007 in Australia and/or such other Laws as may be instituted and appropriate to the provisions of this Clause.

NOTICES

Any notice posted to the last address of a Councillor or Club as advised by that Councillor or Club to the Secretary shall be deemed to have been duly given.

It shall be the duty of each Club to notify the Secretary of any change of address of any Councillor of that Club.

The omission to give Notice to or to send a circular to any Councillor, or Club shall not, on that account, invalidate the proceedings of any Meetings. A Meeting shall not be invalid by virtue of any Councillor or Club not receiving a Notice of Meeting.

INDEMNITY OF MEMBERS

In the event of any proceedings being taken against a Member or Members of an affiliated Club in respect of any matter, or thing done by them in the proper performance of their duties or by the direction or with the authority of the Association, the Association shall indemnify such Member or Members of an affiliated Club so proceeded against in respect of their costs of such proceedings and in respect of all costs and damages and other sums which they may be adjudged to pay in the course of or as a result of such proceedings.

SECTION C

GOVERNMENT OF THE ASSOCIATION

GENERAL MEETINGS

(a) Annual General Meeting

The Annual General Meeting of the Association shall be held in the month of December each

year on a date fixed by the Council.

The business of the Annual General Meeting shall include:

(i) Presentation, consideration and adoption of the Annual Report of the Council including the Financial Report and Balance Sheets accompanied by an Examiner’s Report

(ii) Election of the Management Committee of the Association and other Office Bearers

(iii) Appointment of a Patron; (Optional)

(iv) Election of a Delegate to B.Q.

(v) Election of Committees in accordance with the By-Laws

(vi) To appoint an Examiner

(vii) Dealing with any Notices of Motion

(viii) Determination of Reimbursement

(ix) Consideration of General Business

(b) Special General Meetings

The Secretary shall convene a Special General Meeting –

(i) Resolution of the Council to resolve any matters which must or should be properly resolved by a Special General Meeting of the Association; or

(ii) By written request for such a Meeting from not less than Five (5) Clubs stating the purpose(s) for the Meeting and the Resolution(s) to be placed before the Meeting.

(iii) On being given notice in writing of an intention to appeal against the decision of the Management Committee to reprimand, suspend or expel any Member.

Notices requesting a Special General Meeting shall clearly state the reason why such Special General Meeting is being convened, and the nature of the business to be transacted thereat.

A Special General Meeting shall only consider the matter/s for which notice has been given to Members.

Meetings shall be held within fourteen (14) days of a resolution of Council or the receipt by the Secretary of a petition of Clubs for such a Meeting, or notice of appeal by a Member.

Notice of a Meeting shall be in writing and shall be posted or delivered to each Councillor and Club at least seven (7) days prior to date of the Meeting.

Notices of motion to be included on the agenda of the Annual General Meeting or any General Meeting shall be received by the Secretary at least twenty-eight (28) days prior to the Meeting at which they will be discussed.

Notices of Motion shall be posted to each Club and Delegate not less than fourteen (14) days prior to the Meeting.

(d) The Business of General Meetings

(i) Each General Meeting shall read and confirm the Minutes of the previous General Meeting whether it be an Annual or Special General Meeting.

(ii) Business arising therefrom.

(e) Quorums at General Meetings

The Quorum for a General Meeting shall comprise double the number of Members on the Management Committee plus one.

Should no Quorum be present within half an hour after the appointed time for a General Meeting, the Meeting shall stand adjourned to the time and day seven (7) days later.

Should no Quorum be present at the adjourned Meeting within half an hour of the appointed time for the Meeting (whether a Quorum is present or not) it shall have the power to proceed with the business for which the Meeting was called.

(f) Conduct of a General Meeting

Unless otherwise provided by this Constitution or the By-laws, at every General Meeting

(i) The President shall preside as Chairman, or if not present within fifteen (15) minutes after the time appointed for the holding of the Meeting or is unwilling to act, a Vice-President shall be the Chairman or if a Vice-President is not present or is unwilling to act then the Delegates present shall elect one of their number to be Chairman of the Meeting;

(ii) The Chairman shall maintain order and conduct the Meeting in a proper and orderly manner;

(iii) Every question, matter or resolution shall be decided by a majority of votes of the Councillors present; and

(iv) Every Councillor present shall be entitled to one (1) vote and in the case of an equality of votes; the status quo shall be maintained.

(g) Voting at General Meeting

Voting shall be by show of hands or a division of Councillors, unless not less than one-fifth of the Councillors present demand a ballot, in which event there shall be a secret ballot. The Chairman shall appoint two (2) Councillors to conduct the secret ballot in such manner as shall be determined and the result of the ballot as declared by the Chairman shall be deemed to be the resolution of the Meeting at which the ballot was demanded.

A Councillor may vote in person or by proxy duly notified in writing by the Club Secretary and on a show of hands every person present who is a Councillor or a representative of a Councillor shall have one (1) vote and in a secret ballot every Councillor present in person or by proxy or other duly authorised representative shall have one (1) vote.

The contested election of Management Members shall be by secret ballot in accordance with the By-laws.

Only Members of the Management Committee, Life Members and Councillors shall be entitled to vote at General Meetings.

(h) Adjournment of a Meeting

The Chairman may, with the consent of any Meeting at which a Quorum is present (and shall if so directed by the Meeting), adjourn the Meeting from time to time and from place to place, but no business shall be transacted at any adjourned Meeting other than the business left unfinished at the Meeting from which the adjournment took place. When a Meeting is adjourned for thirty (30) days or more, notice of the adjourned Meeting shall be given as in the case of an original Meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned Meeting.

(i). Special Resolution

Election of Life Members, Suspension and/or Termination of Membership, Alterations to this Constitution, and such other matters to be “Special Resolutions” shall be resolved by the affirmative vote of at least three-quarters of the Councillors present at the Meeting and entitled to vote.

(j) Distribution of Surplus Assets

If the Association is wound up and there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the Councillors, but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Association, and which shall prohibit the distribution of its or their income and property among its or their Councillors or Clubs to an extent at least as great as is imposed on the Association under or by Clause D.13(c) of this Constitution, such institution or institutions to be determined by the Councillors, provided the institution to which the property of the Association is transferred is an institution or institutions approved by the Commissioner of Taxation as an institution or institutions referred to in Section 50/45 of the Income Tax Assessment Act 1997 (as amended).

SPECIAL LEVIES

The Association may at any time strike a Special per-capita Levy on all Clubs by Special Resolution at a General Meeting of the Association. A notice advising that the Levy has been struck and the amount thereof shall be advised in writing to each Club within seven (7) days following the Meeting.

If a Club fails to pay the Levy within thirty (30) days of the date of the letter of advice, it shall be deemed to be unfinancial and shall thereafter be deprived of all privileges of membership with the Association.

THE AUDITOR.

An Auditor, who shall be qualified as required by the Association Incorporation Act 1981 (as amended), shall be appointed at the Annual General Meeting of the Association to audit the accounts of the Association and prepare Reports for submission to the Annual General Meeting.

The Auditor shall, when required by the Management Committee/Council, conduct special audits and investigations. The Auditor shall at all times have access to the books of accounts, vouchers and relevant records of the Association and shall have the right to obtain explanations relative to the finance and affairs of the Association and the accounts from any person holding office or employment in the Association.

THE COMMON SEAL

The Council shall provide for a Common Seal and for its safe custody. The Common Seal shall only be used by the authority of the Council and every instrument to which the seal is affixed shall be signed by the Secretary and any two (2) of the President, the Vice-Presidents or Treasurer of the Association.

ALTERATIONS TO THIS CONSTITUTION

Subject to the provisions of the Associations Incorporation Act, 1981 (as amended), these Rules may be amended, rescinded, or added to from time to time by a Special Resolution carried at any General Meeting.

However, an amendment, repeal or addition, is valid only if it is registered by the Chief Executive administering the act.

The Association shall provide advice to B.Q. within thirty (30) days of any changes or amendments to the Constitution.

SECTION D

ADMINISTRATION OF THE ASSOCIATION

1. THE COUNCIL

The Council of the Association shall comprise of the members of the Management Committee, Life Members and one (1) Delegate elected by each club with the exception of those Office Bearers listed under Rule 2h below. These members (2h) shall have the right to attend and speak, but have no voting rights.

THE MANAGEMENT COMMITTEE

The Management and business of the Association shall be vested in the Management Committee comprising;

a. The President

b. The Senior Vice President

c. The Junior Vice President

d. The Secretary

e. The Treasurer

f. The Match Chairperson

g. The Immediate Past President

h. Other Members of the Executive – Patron, Asst Secretary, Asst Treasurer, and Media Officer, Selection Chairperson, Coaching Committee Representative and Representative of the Umpire Committee

All will be elected by Delegates in attendance and entitled to vote at the Annual General Meeting in accordance with Section D Article 5 – Election of Management Committee.

A simple majority shall constitute a quorum for Management Committee Meetings.

The Management Committee shall manage and control the day to day activities of the Association – all in accordance with this Constitution and the By-laws and shall meet at least once every month.

All business transacted by the Management Committee shall be reported to the next Council Meeting.

POWERS AND FUNCTIONS OF THE MANAGEMENT COMMITTEE

Except as otherwise provided by this constitution, and the resolution of the Members of the Association carried at any General Meeting, the Management Committee shall:

(a) Have the general control and management of the administration of the affairs, property, and funds of the Association, and

(b) Have authority to interpret the meaning of these Rules, and any matters relating to the Association on which these Rules are silent.

(d) Prepare a District programme.

(e) Appoint assistants to members of the Management Committee, such assistants not able to exercise any power unless they have been elected.

(f) Call General Meetings of Members.

(g) Arrange meetings of the Management Committee.

(h) Fill any vacancy in any office of the Association where such officer is not a Member of the Management Committee.

(i) Grant leave of absence to Members.

(j) Effect insurances against fire, burglary, public risk and such other risks or damages as considered necessary to properly protect the property and Councillors of the Association.

THE MANAGEMENT COMMITTEE ELECTED ANNUALLY

The Management Committee shall be elected at each Annual General Meeting of the Association.

The Management Committee shall hold office from the conclusion of the election at which they were elected until the conclusion of the election at the next Annual General Meeting.

The Management Committee shall retire annually but shall be eligible for re-election.

A contested election for any position shall be resolved by Ballot in accordance with the By-laws.

ELECTION OF THE MANAGEMENT COMMITTEE

All candidates for election as a Management Committee Member shall be a Financial Member of a Club and shall be nominated in writing by two (2) Financial Members of a Club and the nomination paper in every case shall bear the signature of the Nominee showing his consent to such nomination, and be accompanied by the Nominee’s curriculum vitae.

All nominations shall be in the hands of the Secretary not later than three (3) days prior to the September Quarterly Meeting. A list of the Candidates’ names in alphabetical order, with the Proposers’ and Seconders’ names, with copies of their curriculum vitae, shall be posted to all Delegates and Clubs at least fourteen (14) days preceding the Annual General Meeting with copies of their C.V.

Expressions of Interest shall also be in the hands of the Secretary not later than three (3) days prior to the September Quarterly Meetings.

Ballot Papers shall be prepared (if necessary) containing the names of the Candidates in alphabetical order, and each Delegate present at the Annual General Meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies. Voting shall be by secret ballot.

If no nomination is received for any Office, either as a Management Committee Member or if an insufficient number of nominations are received for any position, such positions may be filled at the Annual General Meeting at which the vacancy occurs and without prior nomination. Any Member not present shall indicate, in writing, their willingness to accept nomination from the floor for any unfilled position.

The procedures for Elections are those included in the By-laws.

REMOVAL OF A MANAGEMENT COMMITTEE MEMBER

Any Management Committee Member of the Association may be removed from office by a three-quarters majority of the Delegates present and entitled to vote at a Special General Meeting of the Association. The Management Committee Member affected shall have due notice of such Meeting and shall be afforded reasonable facilities for making such representations to the Meeting as thought fit. The decision of the Association shall be final.

POWERS AND FUNCTIONS OF THE COUNCIL

Without limiting the powers of the Council as the Members in General Meeting, the Council is the policy making body of the Association whose role is to:

(a) Determine the major strategic directions and policies of the Association;

(b) Review the Association’s performance in achieving its pre-determined aims, objectives and policies;

(d) Borrow or raise or secure the payment of money in such manner as the Councillors

may think fit and secure the same or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Association in any way and in particular by the issue of debentures, perpetual or otherwise, charged upon all or any of the Association’s property, both present and future, and to purchase, redeem or pay off any such securities;

(e) Borrow money from Clubs at a rate of interest not exceeding interest at the rate for the time being charged by bankers for overdrawn accounts on money lent, whether the term of the loan be short or long, and to mortgage or charge its property or any part thereof and to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the Association, and to provide and pay off any such securities;

(f) Invest in such manner as the Councillors may, from time to time, determine.

RESIGNATION OF DELEGATES

Any Delegate may resign from the Council at any time by giving notice in writing to the Secretary of the Club but such resignation shall take effect at the time such notice is received by the Club Secretary unless a later date is specified in the notice when it shall take effect on that later date.

9. VACANCIES ON THE COUNCIL

The Council shall have power at any time to appoint any person to fill any casual vacancy in respect of the Patron or a Management Member of the Council until the next Annual General Meeting. In the event of a casual vacancy of a Club Delegate, a replacement shall be elected or appointed by that Club.

COUNCIL MEETINGS

The Council will conduct Regular Meetings in March, June, September and December, or meet in accordance with Section C Clause 1.

Only Members of the Council (Section D Clause 1) shall be entitled to vote at Council meetings of the Association.

The Quorum for a Council Meeting shall comprise double the number of members of the Management Committee plus one elected to the Council at the close of the last General Meeting of the Association.

Special Meetings of the Council may be called by the Secretary on the request of the Management Committee or by the request in writing of at least five (5) Clubs on at least seven (7) days notice, emergencies excepted.

Notice for a Special Meeting shall specify the reasons for the Meeting. Notices to Councillors may be written or verbal and shall be given, as practicably as possible, to all Councillors.

Subject as previously provided in this Clause, the Council may meet together and regulate its proceedings as it thinks fit; provided that questions arising at any meeting of the Council shall be decided by a majority of votes and, in the case of equality of votes, the status quo shall be maintained.

A Councillor shall not vote in respect of any contract or proposed contract with the Association in which they are interested, or any matter arising thereout, and if they do so vote the vote shall not be counted.

The President shall preside as Chairman at every meeting of the Council or if at any Meeting is not present within fifteen (15) minutes after the time appointed for holding the Meeting, a Vice President shall be Chairman or if a Vice President is not present at the Meeting then the Councillors may choose one of their number to be Chairman of the Meeting.

If within half an hour from the time appointed for the commencement of a Council Meeting a quorum is not present, the meeting, if convened upon the requisition of Members of the Council, shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the Council may determine, and if at the adjourned Meeting a quorum is not present within half an hour from the time appointed for the Meeting, the Members present shall be a quorum.

COUNCIL COMMITTEES

The Council may establish Committees to organise and control various activities of the Association, in accordance with the By-laws. The Committees shall meet and adjourn as they think proper.

Questions arising at any Committee Meeting shall be determined by a majority of votes of the Members present and, in the case of an equality of votes, the status quo shall be maintained.

VALIDITY OF COUNCIL AND RESOLUTION

All acts done by any Meeting of the Council or of a Committee or by any person acting as a Member of the Council shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such Member of the Council or person acting as aforesaid, or that the Members of the Council 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 Council or a Committee.

A resolution in writing signed by all the Councillors for the time being entitled to receive notice of a Meeting of the Council shall be as valid and effectual as if it has been passed at a Meeting of the Council duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more Councillors.

13. THE FUNDS

(a) Generally

The funds of the Association shall be banked in the name of the Association in such bank or

permanent building society as the Council may from time to time direct.

Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the Association and the particulars usually shown in books of a like nature.

All moneys shall be banked as soon as practicable after receipt thereof.

All amounts of one hundred ($100.00) or more shall be paid by cheque signed by any two (2) of the President, Secretary, Treasurer or other Councillor authorised from time to time by the Council.

Cheques shall be crossed “not negotiable” except those in payment of wages, allowances or

Petty cash recoupments which may be “open”.

The Management Committee shall determine the amount of Petty Cash that shall be kept on

the Imprest System.

All expenditure shall be reported to each Management Committee Meeting.

(b) Treasurer’s Reports

The Treasurer shall provide Annual Reports to the Association as required by Section C

Clause 1 (a) (i) of this Constitution.

The Annual Report shall be prepared as soon as practicable after the end of each financial

year and the Treasurer shall cause to be prepared a statement containing particulars of –

(i) The income and expenditure for the financial year just ended; and

(ii) The assets and liabilities and of all mortgages, charges and securities affecting

the property of the Association at the close of that year.

All such statements shall be examined by a responsible person appointed by the Management Committee, who shall present a Report on such examination to the Association. Such report shall read “The Association keeps financial records in a way which properly records the Association’s Income and Expenditure and dealings with its assets and liabilities.”

Prior to the holding of the Annual General Meeting next following the Financial Year in respect to which the examination was made according to the requirements of the Associations Incorporation’s Act amended on 15^th March 2007. The President and Treasurer shall also sign the Report.

The income and property of the Association whencesoever derived shall be used and applied

solely in promotion of its objects and in the exercise of its Powers as set out herein and no

portion thereof shall be distributed, paid or transferred directly or indirectly by way of

dividend, bonus or otherwise by way of profit to or amongst the Councillors provided that

nothing herein contained shall prevent the payment in good faith of interest to any Councillor or Club in respect of moneys advanced by him to the Association or otherwise owing by the Association to him or of remuneration to any Officers or servants of the Association or to any Councillor or Club or other person in return for any services actually rendered to the Association provided further that nothing herein contained shall be construed so as to prevent the payment or repayment to any Councillor of out of pocket expenses, money lent, reasonable and proper charges for goods hired by the Association or reasonable and proper rent for premises demised or let to the Association.

No Member shall be entitled to any benefit or advantage from the Association which is not

shared equally by every Member thereof, provided however, that remuneration may be paid

to Officers in appreciation of services provided the same have been recommended by

Council, and approved by resolution of the Association at the Annual General Meeting.

14. MINUTES OF MEETINGS

The Secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Management Committee Meeting, Council Meeting and General Meeting to be entered in a book to be open for inspection at all reasonable times by any financial Member who previously applies to the Secretary for that inspection. For the purposes of ensuring the accuracy of the recording of such minutes the minutes of every Management Committee Meeting and Council Meeting shall be signed by the Chairman of that Meeting or the Chairman of the next succeeding Management Meeting or Council Meeting verifying their accuracy.

Similarly, the Minutes of every General Meeting shall be signed by the Chairman of that Meeting or the Chairman of the next succeeding General Meeting; provided that the Minutes of any Annual General Meeting shall be signed by the Chairman of that Meeting or the Chairman of the next succeeding General Meeting or Annual General Meeting.

DOCUMENTS

The Council shall provide for the safe custody of books, documents, instruments of title and securities of the Association.

BY-LAWS

The Management Committee may from time to time make, amend or repeal By-laws, not inconsistent with this Constitution for the management of the Association and any By-law may be set aside by a Council Meeting of the Association.

DELEGATE TO BOWLS QUEENSLAND.

The Delegate to B.Q. shall be elected at the Annual General Meeting in accordance with

Section C Clause 1 (a) (iv) of the Constitution.

PLAYER COMMITMENTS

When a member of a Club has been called to fulfil a Bowls Australia, Bowls Queensland, District Bow