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1.1 The name of the association is Sandy Bay Croquet Club Incorporated, hereinafter referred to as the ‘Club’.
2. Interpretation of terms (See Appendix)
3. Club's office
3.1 The office of the Club is to be at 4 Long Point Road, Lower Sandy Bay, Tasmania, or at any other place the committee determines.
4. Objects and purposes of the Club
4.1 The basic objects of the Club are to:
4.1.1 encourage the advancement of the game of croquet;
4.1.2 provide for members playing courts and a clubhouse;
4.1.3 do all other things incidental to the playing of croquet; and
4.1.4 the doing of any lawful thing, incidental or conducive to the attainment of the objects or purposes of the Club.
4.2 The Club is empowered to do all things necessary for, or reasonably incidental or conducive to, the carrying out of the objects and purposes of the Club.
5. Membership of Club
5.1 An adult who is nominated and approved for ordinary membership in accordance with this rule is eligible to be a member of the Club on payment of the annual subscription and the affiliation fees and levies for the Tasmania Croquet Association Inc. and the Australian Croquet Association Inc., as specified in rule 6.
5.2 If the person in 5.1 is already a member of another croquet club affiliated with Tasmania Croquet Association Inc., then the payment shall be the annual subscription fee excluding the affiliation fees and levies set by Tasmania Croquet Association Inc. and the Australian Croquet Association Inc.
5.3 The process for being nominated for, and elected to, membership of the Club is to be specified by a resolution of the committee and ratified by the membership at a general meeting. It shall remain in place until altered by a future ratified resolution.
5.4 Election to membership shall be by ballot of members of the committee. A candidate shall be elected only with the majority of the votes of the members of the committee.
5.5 If a nominee is elected to membership of the Club, the public officer is to:
5.5.1 notify the nominee, in writing, that the nominee has been elected to membership of the Club; and
5.5.2 enter the nominee's name in a register of members after the amount payable by the nominee as the first annual subscription is credited to the Club’s bank account,
5.5.3 direct the new member to a copy of the Constitution and By-laws of the Club, and notify them that they are now subject to them.
5.6 A member of the Club may resign by serving on the public officer a written notice of resignation.
5.7 On receipt of a notice from a member of the Club under sub-rule 5.9, the public officer is to notify the committee, and upon its acceptance by the committee remove the name of the member from the register of members.
5.8 A person:
5.8.1 becomes a member of the Club when his or her name is entered in the register of members; and
5.8.2 ceases to be a member of the Club when his or her name is removed from the register of members.
5.9 Any right, privilege or obligation of a person as a member of the Club:
5.9.1 is not capable of being transferred to another person; and
5.9.2 terminates on the cessation of the membership.
5.10 In addition to ordinary members, the committee may resolve to create or abolish other categories of membership, such as (but not restricted to) associate members, student members, junior members, and social non-playing members; such memberships to be ratified by a general meeting before coming into effect.
5.10.1 A visiting member of another croquet association may join for a specified period and fee, at the discretion of the Committee, but such a visitor shall have no voting rights.
5.10.2 The committee may elect an honorary member for a specified period of time up to one (1) year as determined by the committee, who shall thereafter be entitled to all the privileges of the Club, including voting rights, without payment of subscription, though such members who actively play will still be required to pay the affiliation fees and levies specified in 6.1.
5.11 The Committee shall be entitled to elect as a Life Member (in an honorary capacity) any member of the Club who has rendered outstanding service.
6.1 The annual subscription for all categories of membership shall be fixed by the annual general meeting in the preceding Club membership year. In addition to such Club subscription, all members who actively play are also required to pay the affiliation fees and levies for the Tasmania Croquet Association Inc. and the Australian Croquet Association Inc.
6.2 The Club membership year will be from 1st September to 31st August of the following year.
6.3 The annual subscription of a member of the Club is due on the 1st August in each year and payable by 31st August.
7.1 The income and property of the Club are to be applied solely towards the promotion of the objects and purposes of the Club.
7.2 No portion of the income or property of the Club is to be paid or transferred to any member of the Club unless the payment or transfer is made in accordance with this rule.
7.3 The Club may with prior approval of the Club or the committee:
7.3.1 pay a servant or member of the Club:
7.3.1.1 remuneration in return for services rendered to the Club, or for goods supplied to the Club, in the ordinary course of business of the servant; or
7.3.1.2 remuneration that constitutes a reimbursement for out-of-pocket expenses incurred by the servant or member for any of the objects or purposes of the Club; or
7.3.1.3 a contribution towards the expenses incurred by a member in representing the Club.
8.1 True accounts are to be kept of the following:
8.1.1 each receipt and payment of money by the Club and the matter in respect of which the money was received or paid;
8.1.2 each asset and liability of the Club.
8.2 The accounts are to be open to inspection by the members of the Club at any reasonable time, and in any reasonable manner.
8.3 The treasurer of the Club is to keep all accounting books, and general records and records of receipts and payments, connected with the business of the Club in the form and manner the committee determines.
8.4 The accounts, books and records are to be kept at the Club's office or at any other place the committee determines.
9.1 On behalf of the Club, the treasurer of the Club is to:
9.1.1 receive any money paid to the Club; and
9.1.2 immediately after receiving the money, issue an official receipt in respect of the money; and
9.1.3 cause the money to be paid into the account opened under sub-rule 9.2 as soon as practicable after it is received.
9.2 The committee is to open and maintain with an authorised deposit-taking institution accounts in the name of the Club.
9.3 Except with the authority of the committee, a payment of an amount exceeding one hundred dollars ($100) is not to be made from the funds of the Club otherwise than by cheque or by electronic means drawn on the Club's accounts.
9.4 The committee may provide the treasurer with an amount of money in an account from which the treasurer may make electronic transfers to meet current expenditure, subject to any conditions the committee may impose in relation to the expenditure.
9.5 A cheque or electronic transfer is not to be drawn on the Club's accounts except for the purpose of making a payment that has been authorised by the committee.
9.6 A cheque, or other negotiable instrument, is to be signed or authorized by any 2 of the President, Vice President or Honorary Treasurer, or in the absence of any such person, by any other member, or members, of the committee whom the committee nominates.
10.1 At any time, the Committee may (but is not required to) appoint a person as the auditor of the Club.
10.2 An auditor so appointed is to hold office until the next Annual General Meeting.
10.3 The auditor is to hold office until the next annual general meeting and is eligible for re-appointment.
10.4 The auditor may only be removed from office by special resolution.
10.5 If a casual vacancy occurs in the office of auditor, the committee is to appoint a person to fill the vacancy until the next annual general meeting.
11.1 Any auditor appointed under clause 10.1 is to audit the financial affairs of the Club at least once in each financial year.
11.2 The auditor, after auditing the financial affairs of the Club for a particular financial year, is to:
11.2.1 certify as to the correctness of the accounts of the Club; and
11.2.2 at the next annual general meeting provide a written report to the members of the Club present at that meeting.
11.3 In the report and in certifying to the accounts, the auditor is to:
11.3.1 specify the information, if any, that he or she has required under sub-rule 11.5.2 and obtained; and
11.3.2 state whether, in his or her opinion, the accounts exhibit a true and correct view of the financial position of the Club according to the information at his or her disposal; and
11.3.3 state whether the rules relating to the administration of the funds of the Club have been observed.
11.4 The treasurer of the Club shall cause to be delivered to the auditor upon their request a list of all the accounting records, books and accounts of the Club.
11.5 The auditor may:
11.5.1 require from any servant of the Club any information the auditor considers necessary for the performance of his or her duties; and
11.5.2 employ any person to assist in auditing the financial affairs of the Club; and
11.5.3 examine any member of the committee, or any servant of the Club, in relation to the accounting records, books and accounts of the Club.
12.1 The Club is to hold an annual general meeting each year.
12.2 An annual general meeting is to be held on any day the committee determines after the end of the financial year of the Club but no later than May 31 unless exceptional external circumstances force a postponement beyond this date.
12.3 An annual general meeting is to be in addition to any other general meeting that may be held in the same year.
12.4 The notice convening an annual general meeting is to specify the purpose of the meeting.
12.5 The ordinary business of an annual general meeting is to be as follows:
12.5.1 to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
12.5.2 to receive from the committee, auditor (if any) and servants of the Club reports on the transactions of the Club during the last preceding financial year of the Club;
12.5.3 to elect the officers of the Club and the ordinary committee members;
12.5.4 [deleted by Special Resolution, 5 May 2018];
12.5.5 to elect a committee of three (3) handicappers, who shall elect a convenor between themselves;
12.5.6 to fix the amount of the annual subscription, green fees and any other amounts payable by all categories of members; and
12.5.7 consider for ratification any resolution concerning joining and categories of membership proposed by the Committee.
12.6 An annual general meeting may transact special business of which notice is given in accordance with rule 14.
13.1 The committee may convene a special general meeting of the Club at any time.
13.2 The committee, on the requisition in writing of at least ten (10) members of the Club, is to convene a special general meeting of the Club.
13.3 A requisition for a special general meeting:
13.3.1 is to state the objects of the meeting; and
13.3.2 is to be signed by each of the requisitionists; and
13.3.3 is to be deposited at the office of the Club; and
13.3.4 may consist of several like documents, each signed by one or more of the requisitionists.
13.4 If the committee does not cause a special general meeting to be held within 21 days after the day on which a requisition is deposited at the office of the Club, any one or more of the requisitionists may convene the meeting within 3 months after the day of the deposit of the requisition.
13.5 A special general meeting convened by requisitionists is to be convened in the same manner, as nearly as practicable, as the manner in which a special general meeting would be convened by the committee.
13.6 All reasonable expenses incurred by requisitionists in convening a special general meeting under rule 13.4 are to be refunded by the Club.
14.1 At least 14 days before the day on which a general meeting of the Club is to be held, the honorary secretary shall cause to be served upon to all members of the Club, a notice specifying:
14.1.1 the place, day and time at which the meeting is to be held; and
14.1.2 the nature of the business that is to be transacted at the meeting.
15.1 All business transacted at a general meeting, other than the ordinary business of an annual general meeting, is special business.
15.2 Business is not to be transacted at a general meeting unless a quorum of members of the Club entitled to vote is present at the time the meeting considers that business.
15.3 A quorum for the transaction of the business of a general meeting is one-third (1/3) of members of the Club entitled to vote
15.4 If a quorum is not present within one hour after the time appointed for the commencement of a general meeting, the meeting:
15.4.1 if convened on the requisition of members of the Club, is dissolved; or
15.4.2 if convened by the committee, is to be adjourned to the same day in the next week at the same time and:
15.4.2.1 at the same place; or
15.4.2.2 at any other place specified by the chairperson:
15.4.2.2.1 at the time of the adjournment; or
15.4.2.2.2 by notice in a manner determined by the chairperson.
15.5 If at an adjourned general meeting a quorum is not present within one hour after the time appointed for the commencement of the meeting, the meeting is dissolved.
16.1 At each general meeting of the Club, the chairperson is to be:
16.1.1 the president; or
16.1.2 in the absence of the president, the vice-president; or
16.1.3 in the absence of the president and vice-president, a member of the Club elected to preside as chairperson by the members of the Club present and entitled to vote at the general meeting.
17.1 The chairperson of a general meeting at which a quorum is present may adjourn the meeting with the consent of the members of the Club who are present and entitled to vote at the meeting, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
17.2 If a meeting is adjourned for 14 days or more, notice of the adjourned meeting is to be given in the same manner as the notice of the original meeting.
17.3 If a meeting is adjourned for less than 14 days, it is not necessary to give any notice of the adjournment or of the business to be transacted at the adjourned meeting.
18.1 A question arising at a general meeting of the Club is to be determined on a show of hands unless a secret ballot is called for by a majority of those present and entitled to vote.
18.2 A declaration by the chairperson that a resolution has, on a show of hands, been lost or carried, or carried unanimously or carried by a particular majority, together with an entry to that effect in the minute book of the Club, is evidence of that fact.
19.1 On any question arising at a general meeting of the Club, a member of the Club (including the chairperson) has one vote only.
19.2 All votes are to be given personally.
19.3 Despite sub-rule 19.1, in the case of an equality of votes, the chairperson has a second or casting vote.
20.1 The affairs of the Club are to be managed by a committee of management constituted as provided in rule 23.
20.2 The committee:
20.2.1 is to control and manage the business and affairs of the Club; and
20.2.2 may exercise all the powers and perform all the functions of the Club, other than those powers and functions that are required by these rules to be exercised and performed by members of the Club at a general meeting; and
20.2.3 has power to do anything that appears to the committee to be essential for the proper management of the business and affairs of the Club; and
20.2.4 shall cause to be kept a true record of all business transacted at all meetings of the Club whether general or committee, and such records shall be evidence of the proceedings of such meetings and the various decisions made thereat.
21.1 The public officer of the Club shall be appointed by the committee at its first meeting after the annual general meeting to hold office until the next annual general meeting.
22.1 The officers of the Club are as follows:
22.1.1 one president;
22.1.2 one vice-president;
22.1.3 one honorary treasurer;
22.1.4 one honorary secretary.
22.2 Each officer of the Club is to hold office until the next annual general meeting after that at which he or she is elected and is eligible for re-election.
22.3 The President shall not hold office for more than four (4) consecutive years.
22.4 If a casual vacancy in an office referred to in sub-rule 22.1 occurs, the committee may appoint one of its members to fill the vacancy until the next annual general meeting after the appointment.
23.1 The committee consists of:
23.1.1 the officers of the Club; and
23.1.2 six (6) ordinary members elected at the annual general meeting.
23.2 An ordinary committee member is to hold office until the next annual general meeting after that at which he or she is elected and is eligible for re-election.
23.3 If a casual vacancy occurs in the office of ordinary committee member, the committee may appoint a member of the Club to fill the vacancy until the next annual general meeting after the appointment.
24.1 A nomination of a candidate for election as an officer of the Club, or as an ordinary committee member, is to be:
24.1.1 made in writing, signed by two (2) members of the Club and accompanied by the written consent of the candidate (which may be endorsed on the nomination); and
24.1.2 delivered to the public officer of the Club at least ten days before the day on which the annual general meeting is to be held.
24.2 shall be posted in the clubhouse no less than seven (7) days prior to the Meeting.
24.3 If insufficient nominations are received to fill all vacancies on the committee:
24.3.1 the candidates nominated are taken to be elected; and
24.3.2 further nominations are to be received at the annual general meeting.
24.3.3 if the number of nominations received at the annual general meeting is insufficient the committee may appoint a member or members to fill such vacancies.
24.4 If the number of nominations received is equal to the number of vacancies on the committee to be filled, the persons nominated are taken to be elected.
24.5 If the number of nominations received exceeds the number of vacancies on the committee to be filled, an election is to be held.
24.6 If the number of further nominations received at the annual general meeting exceeds the number of remaining vacancies on the committee to be filled, an election is to be held in relation to those further nominations.
24.7 The ballot for the election of officers and ordinary committee members is to be conducted at the annual general meeting in the manner determined by the committee.
24.8 Upon accepting office as an officer or a committee member, a member accepts an obligation to attend meetings and to accept also ordinary responsibilities of the office.
25.1 For the purpose of these rules, the office of an officer of the Club, or of an ordinary committee member, becomes casually vacant if the officer or committee member:
25.1.1 dies; or
25.1.2 resigns office in writing addressed to the committee; or
25.1.3 ceases to be ordinarily resident in Tasmania; or
25.1.4 is absent from three consecutive meetings of the committee without the permission of the other members of the committee; or
25.1.5 ceases to be a member of the Club; or
25.1.6 fails to pay all monies due by the member to the Club within fourteen days after receiving a notice in writing signed by the public officer of the Club stating that the officer or committee member has an unpaid financial liability to the Club.
26.1 The committee is to meet at least once in each calendar month at any place and time the committee determines.
26.2 A special meeting of the committee, which is one other than a meeting referred to in sub-rule 26.1, may be convened by the President or any six of the members of the committee.
26.3 Notice of any special committee meeting is to be served on members of the committee and is to specify the general nature of the business to be transacted.
26.4 A special committee meeting may only transact business of which notice is given in accordance with rule 30.
26.5 A quorum for the transaction of the business of a meeting of the committee is six (6) members of the committee.
26.6 Business is not to be transacted at a meeting of the committee unless a quorum is present.
26.7 If a quorum is not present within half an hour after the time appointed for the commencement of:
26.7.1 a meeting of the committee (other than a special committee meeting), the meeting is to be adjourned to the same day in the next week at the same time and at the same place; or
26.7.2 a special committee meeting, the meeting is dissolved.
26.8 At each meeting of the committee, the chairperson is to be:
26.8.1 the president; or
26.8.2 in the absence of the president, the vice-president; or
26.8.3 in the absence of the president and vice-president, a member of the committee elected to preside as chairperson by the members of the committee present at the meeting.
26.9 Any question arising at a meeting of the committee is to be determined:
26.9.1 on a show of hands; or
26.9.2 if demanded by a member, by a secret ballot.
26.10 On any question arising at a meeting of the committee, a member of the committee has one vote only.
26.11 Despite sub-rule 26.10, in the case of an equality of votes, the chairperson has a second or casting vote.
27.1 If a member of the committee or a member of a subcommittee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the committee or sub-committee, the member is to, as soon as practicable after the interest comes to the member's knowledge, disclose the interest to the committee.
27.2 A member who has disclosed an interest under sub-rule 27.1 may not engage in the discussion of, or vote upon, the matter before the committee.
28.1 The committee may:
28.1.1 appoint a sub-committee and a sub-committee convenor from the committee; and
28.1.2 prescribe the powers and functions of that subcommittee.
28.2 A convenor may co-opt any Club member as a member of a sub-committee to have voting rights within the sub-committee.
28.3 A quorum for the transaction of the business of a meeting of the sub-committee is a majority of the appointed members.
28.4 The sub-committee convenor is to convene and chair meetings of a sub-committee.
28.5 Any question arising at a meeting of a sub-committee is to be determined:
28.5.1 on a show of hands; or
28.5.2 if demanded by a member, by a secret ballot.
28.6 On any question arising at a meeting of a sub-committee, a member of the sub-committee (including the chairperson) has one vote only.
28.7 The president and honorary secretary shall be ex officio members of all sub-committees.
28.8 The committee shall appoint one (1) of its number to be the Club’s delegate to the Tasmanian Croquet Association Inc.
29.1 The president, the vice-president, the honorary treasurer and the honorary secretary constitute the executive committee.
29.2 During the period between meetings of the committee, the executive committee may issue instructions to the public officer and servants of the Club in matters of urgency connected with the management of the affairs of the Club, and may otherwise give effect to decisions of the committee.
29.3 The executive committee is to report on any instructions issued under sub-rule 29.2 to the next meeting of the committee.
30.1 Except as otherwise provided by these rules, a document may be served under these rules on a person by:
30.1.1 giving it to the person; or
30.1.2 leaving it at, or sending it by post to, the person's last notified postal or residential address or place or address of business or employment; or
30.1.3 faxing it to the person's last notified fax number; or
30.1.4 emailing it to the person's last notified email address.
31.1 Members must at all times act in a manner that respects other members, and maintains the spirit of the Club and the game of croquet.
31.2 The Committee must act in the best interests of all members, be guided by members’ opinions, and promote and maintain good relations amongst the members of the Club.
32.1 The committee and members should employ the following grievance procedures to provide a fair, consistent and timely approach to dealing with grievances and disputes within the Club.
32.1.1 The initial process is:
32.1.1.1 for a person with a complaint to discuss the matter with an officer of the Club;
32.1.1.2 the officer is to explore options for resolution; and
32.1.1.3 if the complaint is not resolved the complainant may make a formal complaint.
32.1.2 The procedure for dealing with a formal complaint is:
32.1.2.1 the complaint is to be made in writing to the Club secretary setting out details of the grievance or dispute;
32.1.2.2 the committee will designate a person to deal with the complaint and who will attempt to resolve the matter with the complainant;
32.1.2.3 if the complaint involves another person or persons, the matter is to be discussed by the committee’s designate with that other person or persons;
32.1.2.4 if mediation is considered appropriate by the committee’s designate at this stage, the committee will appoint an impartial third party who will facilitate discussion between the parties to find a solution;
32.1.2.5 if mediation fails to resolve the matter the committee must hear and determine the complaint.
32.1.2.6 any party may appeal against a determination made by the committee;
32.1.2.7 after the committee’s determination is served on the appealing party an appeal must be in writing addressed to the Club secretary and be made in within fourteen (14) days; and
32.1.2.8 the appeal will be by way of de novo hearing by an independent third party appointed by the committee, whose decision will be final and not susceptible to review in any form.
32.2 A notice of a grievance or dispute may be withdrawn at any time.
32.3 Where a complaint made under this rule is found to have been proved, the committee may impose upon the member against whom the complaint was made any of the following sanctions:
32.3.1 a reprimand;
32.3.2 suspension from the Club for up to three (3) months; or
32.3.3 expulsion.
32.4 Any such sanction will take effect immediately notice of it is served upon the member by the committee.
32.5 The provisions of rules 32 do not preclude or limit the operation of any of the provisions of the Membership Protection Policy of the Australian Croquet Association Inc.
33.1 The Committee may remove from membership any member in respect of whom any subscription or other payment has been demanded and remains due and unpaid for more than thirty (30) days after that. demand.
34.1 The Club will affiliate with Tasmania Croquet Association Inc.
35.1 The anti-doping policy of the Club shall be in accordance with that adopted from time to time by the Australian Croquet Association Inc.
36.1 The Club shall adopt the Laws of Croquet as approved by the Australian Croquet Association Inc.
37.1 This Constitution may be added to, repealed or amended only by special resolution at an annual or special general meeting.
38.1 The Committee may from time to time make by-laws for the proper running of the Club.
39. Dissolution of the Club
39.1 Dissolution shall be subject to a special general meeting.
39.2 If the Club is wound up, each member of the Club, and each person who was a member of the Club within the period of 12 months immediately preceding the commencement of the winding-up, is liable to contribute:
39.2.1 to the assets of the Club for payment of the liabilities of the Club; and
39.2.2 for the costs, charges and expenses of the winding-up; and
39.2.3 for the adjustment of the rights of the contributors among themselves.
39.3 Any liability under sub-rule 39.2, is not to exceed five dollars ($5:00).
39.4 Despite sub-rule 39.2, a former member of the Club is not liable to contribute under that sub-rule in respect of any liability of the Club incurred after he or she ceased to be a member.
39.5 In the event of dissolution all funds shall be held in trust by the Hobart City Council for five years. If the Club is not reformed in this time, then those funds should be distributed to other croquet clubs as decided by the Tasmanian Croquet Association Inc.
In this constitution, unless the context otherwise requires:
1. accounting records has the same meaning as in the Act;
2. Act means the Associations Incorporation Act 1964;
3. annual general meeting means an annual general meeting of the Club held under rule 12.
4. association has the same meaning as in the Act;
5. auditor means the person appointed as the auditor of the Club under rule 10;
6 authorised deposit-taking institution means a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959 of the Commonwealth;
7. basic objects of the Club means the objects and purposes of the Club as stated in rule 4.
8. Club means the association referred to in rule 1;
9. committee means the committee of management referred to in rule 20;
10. de novo means from the beginning and is a term used in rules 32 and 33.
11. financial year has the same meaning as in the Act; and commences on 1st April and concludes on the 31st March the following year;
12. general meeting means:
12.1 an annual general meeting; or
12.2 a special general meeting;
13. in writing includes by e-mail
14. officer of the Club means a person elected as an officer of the Club at an annual general meeting or appointed as an officer of the Club under sub-rule 22.5;
15. ordinary business of an annual general meeting means the business specified in sub-rule 12.5;
16. ordinary committee member means a member of the committee other than an officer of the Club;
17. special committee meeting means a meeting of the committee that is convened under sub-rule 26.2;
18. special general meeting means a meeting of the Club, other than an annual general meeting, convened under rule 13;
19. special resolution has the same meaning as in the Act, which states that “a resolution is a special resolution if it is passed by a majority of not less than three-quarters of such members of an incorporated association entitled under the rules of the ‘Club’ to vote as may be present in person at a general meeting of which notice specifying the intention to propose the resolution as a special resolution was given in accordance with those rules.”
