ConstitutionSouth Australian Masters Squash Association Incorporated
1.1 The Association shall be called “SOUTH AUSTRALIAN MASTERS SQUASH ASSOCIATION INCORPORATED”, hereinafter referred to as “The Association”.
1.2 The Constitution of the South Australian Masters Squash Association Incorporated is hereinafter referred to as “the Constitution” as amended 1st July 2006.
“committee” means the committee of management of the Association
“email” means electronic mail communicated via information technology
“general meeting” means a general meeting of members of the Association convened in accordance with these rules
“member” means a financial member of the Association
“the Act” means The Associations Incorporation Act 1985
“special resolution” means a special resolution defined by the Act
“month”: shall mean a calendar month
“in writing” shall mean in writing, email or electronic communication
“prescribed form,” means those forms that are determined by the Management Committee as required from time to time
The purpose of the Association is as follows
3.1 To promote, administer and/or coordinate and encourage the playing of the game of Squash Racquets and Australian Racquetball in the State of South Australia or such other places as may be determined from time to time by players who meet the membership criteria of the Association.
3.1.1 To arrange for the representation on the Association or any other body of a similar nature formed for the purpose of promoting the game of Squash Racquets and Australian Racquetball as approved by the Australian Squash Racquets Association.
3.1.2 Promote the game of Racquetball.
3.2 To assist in the administration of:
3.2.1 All South Australian Masters events.
3.2.2 The selection of all teams representing the Association.
3.3 The doing of such things as are incidental or conducive to the attainment of the above object(s).
4. POWERS OF THE ASSOCIATION
The Association shall have all the powers conferred by Section 25 of The Associations Incorporation Act 1985.
Membership of the Association shall be open to the following: –
5.1 The minimum age limit for Membership will be 30 years.
5.2 Application for membership of the Association shall be made on the prescribed form, accompanied by the relative fee.
5.3 Membership Fee
5.3.1 The membership fee will be such sum, as the Management Committee shall determine from time to time.
5.3.2 The membership fee will be paid by the due date of each pennant season as determined by the Management Committee from time to time.
5.4 A financial Member is one whose Membership fee is not in arrears for more than two (2) calendar months after the due date for lodgement of membership fees.
5.5 All reference to Members in the Constitution applies to financial Members only.
5.6 Powers of the Management Committee The Management Committee may:
5.6.1 approve or reject any application for Membership on any grounds it deems fit, and may, in its absolute discretion, seek approval of the Members before exercising this power;
5.6.2 reprimand, fine or suspend the affiliation of any Member for what it considers to be an infringement of the Constitution, Rules and By-laws of the Association;
5.6.3 settle disputes arising between Members of the Association on matters relating to Masters Squash.
5.7 Honorary Life Membership
5.7.1 A nomination for Life Membership may be made by a Member for an individual who has given outstanding service to the Association.
5.7.2 Life Membership shall be conferred by a resolution passed by two-thirds (2/3rds) majority of delegates.
5.7.3 A Life Member shall be presented with a badge signifying his/her Life Membership.
5.8.1 Any Member may withdraw from Membership of the Association at any time by notice in writing to that effect, delivered to the Secretary, but such withdrawal shall not relieve the Member of any financial obligation to the Association up to the date of such withdrawal.
5.8.2 There may be no refund of fees.
5.9.1 The Association may, by resolution at a General Meeting, expel a Member from the Association.
5.9.2 The Management Committee shall have the power to suspend or expel any Member of the Association where such Member has in the opinion of the Committee been guilty of conduct prejudicial to the efficient management or good repute of the Association without divulging any reason therefore.
126.96.36.199 The determination of the committee shall be communicated to the member, and in the event of an adverse determination the member shall, (subject to 5.7.2 below), cease to be a member fourteen (14) days after the committee has communicated to the member.
188.8.131.52 It shall be open to a member to appeal to the Association in general meeting against the expulsion. The intention to appeal shall be communicated to the secretary or public officer of the Association within fourteen (14) days after the determination of the committee has been communicated to the member.
184.108.40.206 In the event of an appeal under 5.8.2 above, the appellant’s membership of the Association shall not be terminated unless the determination of the committee to expel the member is upheld by the members of the Association in general meeting after the appellant has been heard by the members of the Association, and in such event the membership will be terminated at the date of the general meeting at which the determination of the committee is upheld.
5.10 Register of Members
5.10.1 The Pennant Registrar of the Association shall establish and maintain a register of financial members of the Association specifying name, address and, if available, an email address of each person.
5.10.2 The Secretary shall establish and maintain a register of members on whom the Association has conferred Life membership. The register shall contain the same details as required by Clause
5.10.3 The register of members shall be kept at the principal place of administration of the Association and shall be open for inspection by any Management Committee Member.
6. FINANCIAL YEAR
The Financial Year of the Association shall be from the first (1st) day of July to the thirtieth (30th) day of June each year.
7.1 Suitable person (s) may be nominated as Patron (s) of the Association at each Annual General Meeting and accepted on a two-thirds (2/3rds) majority of those Members present.
7.2 The Patron (s) shall be (an) Honorary Member (s) of the Association.
8.1 The Annual General Meeting of the Association each year shall appoint an Auditor to hold office until the conclusion of the next Annual General Meeting. The retiring Auditor shall be eligible for re-appointment.
8.2 A Management Committee person shall not be eligible for election as an Auditor. If the position of Auditor falls vacant during the year, an Auditor may be appointed by the Management Committee or at a General Meeting. Such person shall hold the position until the conclusion of the next Annual General Meeting.
9. MANAGEMENT COMMITTEE
9.1 The affairs of the Association shall be managed and controlled by a committee which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the Association, and are not by the Act or by these rules required to be done by the Association in general meeting.
9.2 The committee has the management and control of the funds and other property of the Association.
9.3 Management Committee Members shall hold office in an honorary capacity.
9.4 The committee shall have authority to interpret the meaning of these rules and any other matter relating to the affairs of the Association on which these rules are silent.
9.5 Management Committee Members shall not be delegates of a Member nor act as a proxy for a Member at General Meetings of the Association.
9.6 The Management Committee shall be comprised of:
9.6.1 Executive Positions
9.6.2 General Positions
220.127.116.11 Pennant Co-ordinator
9.7 No one person may hold more than one Management Position.
9.8 Members of the Management Committee shall be elected at the Annual General Meeting and will hold office until the next Annual General Meeting of the Association.
9.9 Members of the Management Committee may attend and vote at General Meetings of the Association.
9.10 If a position on the Management Committee falls vacant during the year, the appointment of a member to fill that vacancy may be made by the Management Committee or at a General Meeting and such a Management Committee member shall hold office until the next Annual General Meeting of the Association.
9.11 The Management Committee shall have the right to appoint such Sub-Committees and/or delegate(s) as it may deem necessary and shall have control over all Sub-Committees and/or delegate(s) so appointed.
9.12 Management Committee Meetings
9.12.1 The Management Committee shall meet at such time and place as may be deemed necessary. A Management Committee Member may, and the Secretary shall, on the request of a Member of the Management Committee, summon a meeting of the Management Committee at any time.
9.12.2 Each person on the Management Committee, at least seven (7) days prior to the Management Committee Meeting, shall receive Notice, either orally or in writing, of such Management Committee Meeting.
9.13 Disqualification of Members of the Management Committee
9.13.1 The Management Committee may determine that the office of a committee member has become vacant if a committee member:
18.104.22.168 is disqualified from being a committee member by the Act;
22.214.171.124 is expelled as a member under these rules;
126.96.36.199 is permanently incapacitated by ill health;
188.8.131.52 fails to fulfil the requirements of tasks or duties of the position;
184.108.40.206 is absent without apology from more than three meetings in a financial year;
220.127.116.11 is absent with or without apology from more than three consecutive meetings;
18.104.22.168 is no longer the duly appointed representative of a corporate member.
9.13.2 The Management Committee shall appoint a Public Officer as required by the Act.
10. PENNANT COMMITTEE
10.1 The Pennant Co-ordinator shall be the Chairperson.
10.2 The Pennant Committee shall consist of one representative from each division with preference given to Divisional Controllers.
11. CANDIDATES FOR ELECTION
11.1 Candidates for election to a Management Committee Position or Pennant Committee Member shall be financial Members of the Association.
11.2 Nominations will be accepted in writing prior to the Annual General Meeting or may be offered verbally at the meeting.
12.1 Annual General Meetings
12.1.1 The Association shall at least once in each calendar year and within the period of five (5) months after the expiration of each financial year of the Association, convene an Annual General Meeting of its Members.
12.1.2 At least two (2) weeks notice of this meeting must be provided, either in writing or electronic communication, and it must be accompanied by the Agenda and Nomination Form.
12.1.3 The President’s Report, Financial Statements and Auditor’s Report shall be available for review to those members entitled to attend and vote at this meeting.
12.1.4 The following business shall be transacted at the Annual General Meeting:
22.214.171.124 Approval of the Minutes of the previous Annual General Meeting and consideration of any matters arising there from, and approval of the Minutes of any Special General Meeting held since the previous Annual General Meeting and consideration of any matters arising there from.
126.96.36.199 Presentation of the Annual General Report, Statement of Accounts and Balance Sheet for the preceding year.
188.8.131.52 Election of the Management Committee Members for the ensuing year.
184.108.40.206 Appointment of Tribunal Chairperson. 220.127.116.11 Appointment of an Auditor for the ensuing year.
18.104.22.168 Appointment of a Patron(s) for the ensuing year.
22.214.171.124 Consideration of any Notices of Motion lodged with the Secretary as is provided for in the Constitution.
126.96.36.199 General Business. – Provided seventy-five per cent (75%) of those present and entitled to vote are in favour of a resolution that such business or portion thereof be considered by the Meeting.
12.1.5 Voting at the Annual General Meeting shall be restricted to the Members of the Association present in person or by proxy.
12.1.6 The instrument appointing a proxy shall be in writing, signed and dated by the appointer. Such instrument shall be in the hands of the Secretary of the Association prior to the opening of the Meeting.
12.2 Special General Meetings
12.2.1 A Special General Meeting of the Association may be called at any time by the Management Committee or if required by not less than one-quarter (¼) of the Affiliated Members, or if required by any three (3) Management Committee Members of the Association.
12.2.2 The Secretary shall be advised in writing of the matters to be discussed at such meeting and the Secretary shall give to all Members entitled to attend and vote at this meeting not less than fourteen (14) days notice in writing of this meeting and of matters to be discussed. 12.2.3 General Business may also be transacted at a Special General Meeting provided that seventy-five per cent (75%) of those present and entitled to vote are in favour of a resolution that such business or portion thereof be considered by the meeting.
13.1 Any Notice to be given in writing by the Association, under the Constitution, to any member, may be served to the member personally or by sending it by post to the address appearing in the register of members. 13.2 Said Notice will be deemed to have been received by the Member on the date on which it was posted or delivered.
13.3 In computing the length of Notice, the day on which it is received shall be excluded and the day on which it is given shall be included.
14.1 The President shall be the Chairperson at all meetings, but in the absence of the President, the Vice-President shall preside as Chairperson.
14.2 If the President and Vice-President a both absent, a Chairperson shall be elected at the General Meeting, or at a Management Committee Meeting by the Members.
15.1 A quorum of eight (8) Members is required for a General Meeting, the Annual General Meeting or any Special General Meeting.
15.2 A quorum of four (4) Members is required for the transaction of business at a Management Committee Meeting.
16. VOTING RIGHTS AT MEETINGS
16.1 General Meetings
16.1.1 Each Member and Management Committee Member shall be entitled to one vote. Voting shall be by show of hands unless a poll is required by at least five (5) Members.
16.1.2 A poll shall be taken in such manner as the Chairperson directs.
16.2 Management Committee meetings
16.2.1 Each Management Committee Member shall be entitled to one vote only on any one motion.
16.2.2 In the case of equality of vote the Chairperson of the Meeting shall be entitled to a second or casting vote.
17. FINANCE AND BANKING
17.1 The Management Committee shall have the power to expend the money of the Association as may be considered necessary by them and all moneys received for and on behalf of the Association shall be paid into an account in the name of the Association at a bank and/or financial institution to be approved by the Management Committee.
17.2 All payments, except petty cash items, shall be made by cheque and signed by any two of the following Management Committee Members President, Vice-President, Secretary and Treasurer.
17.3 The Management Committee must pass all accounts due by the Association for payment. The Treasurer shall keep the necessary books and accounts of the Association so that the financial position can be readily ascertained at all times.
18.1 The Management Committee may impose a penalty by way of caution, reprimand, suspension from participation in squash racquets competitions under the direct control of the Association or fine (not exceeding fifty dollars ($50) on a Management Committee Person, Player or Member found guilty of a breach of the Constitution, By-laws or Policies or of misconduct during the progress of any game under the direct control of the Association or in any event sanctioned by the Association, and of conduct, in the opinion of the Management Committee, likely to bring the game or the Association into disrepute.
18.2 There shall be the right of appeal to the Association against any decision of the Management Committee under this Clause.
19.1 The Committee shall appoint a Tribunal Chairperson at its Annual General Meeting. The Chairperson shall be a person not playing in the Association competition at the time of appointment or during the period of appointment and fulfils the criteria set down by the committee.
19.2 The Management Committee shall appoint a panel of Members of the Association comprising one Member nominated by each Division of the Association. The name of each Division’s nominated Member shall be provided to the Management Committee in writing at the Annual General Meeting each year.
19.3 Dispute resolutions shall be dealt with as follows:
19.3.1 at the first instance, by the Management Committee;
19.3.2 in the event that the Management Committee is unable or unwilling to resolve the matter, a Tribunal shall be convened by the Management Committee, consisting of the Chairperson and not less that five panel Members as the Chairperson deems necessary having regard to the nature of the proceedings.
19.3.3 He/She will deal with charges against players, officials and servants and enquire into, hear and adjudicate upon any matter, which being within the jurisdiction of the Competition, is referred to them by the Management Committee;
19.3.4 the Tribunal process should commence within twenty-one (21) days of receipt of a complaint, protest or dispute.
19.4 The decision by the Tribunal shall be final.
19.5 The Chairperson may summon any person to appear and give evidence on the hearing of any matter before them.
19.6 The Chairperson may at his/her absolute discretion admit or reject any evidence and are not bound by the Rules of Evidence.
19.7 The Chairperson may as he/she in their absolute discretion thinks fit censure, fine, suspend or disqualify any person found guilty of a charge.
20. TIME LIMIT FOR LODGING COMPLAINT, PROTEST OR DISPUTE
20.1 All complaints, disputes or protests shall be lodged with the Secretary of the Association in writing not later than five (5) working days following the date on which the incident occurred.
20.2 The cause of the complaint, protest or dispute must be contained in the notice to the Secretary. 20.3 On receipt of a complaint, protest or dispute from a Member, the Secretary shall list the matter for consideration by the Management Committee at the next Management Committee Meeting after the receipt of the notice.
21. BY-LAWS AND POLICIES
21.1 The Management Committee, in addition to any powers specially conferred, shall have the power to make such By-laws and Policies and to do such things as it shall think expedient for carrying out the objects of the Association. 21.2 Notice of intention to make such By-laws and Policies under this provision shall be announced to members at least fourteen (14) days prior to such By-laws and Policies becoming effective.
22. EMPLOY PERSONS
22.1 The Management Committee may employ and remunerate any person or persons in such manner as may be determined from time to time.
23. COMMON SEAL
23.1 The Association shall have a Common Seal upon which its corporate name shall appear in legible characters.
23.2 The Common Seal shall not be used without the express authorisation of the Management Committee, and every use of the Common Seal shall be recorded in the minutes of the Association. The President and one other person being either the Public Officer or any Office Bearer shall witness the fixing of the Common Seal.
23.3 The Common Seal shall be kept in the custody of the Public Officer or such other person as the Management Committee may decide from time to time.
24. ALTERATION TO THE CONSTITUTION
24.1 Notice of Intention to propose any alteration to the Constitution shall be given to the Secretary in writing, signed by at least three (3) members, at least twenty-eight (28) days prior to the Annual General Meeting or any Special General Meeting.
24.2 A copy of the proposed alteration shall be sent to all members at least fourteen (14) days prior to the Meeting.
24.3 For a motion to alter the Constitution to be carried, it must be approved by a two thirds (2/3rds) majority of the votes cast and receive the approval of the majority of Members present and voting on the motion.
25.1 If on the winding up or dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the Members of the Association, 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 amongst its or their Members.
25.2 The Association shall not be dissolved unless the proposal so to do receives the approval of at least three quarter (3/4) of the Members present and entitled to vote at a Special General Meeting convened for that purpose.
26. REPEALING CONSTITUTION
26.1 If the Constitution as amended is repealed, any appointment made or motions passed under the Constitution shall continue in force as far as practicable as if made or passed under the Constitution, provided that if any By-law or motion is in conflict with the Constitution, such By-law or motion shall lapse on adoption of the Constitution and shall be referred to the next Annual General Meeting or Special General Meeting of the Association for amendment.
27. NON PROFIT ASSOCIATION
27.1 The assets and income of the Association shall be applied solely in furtherance of its objects, and no portion shall be distributed directly or indirectly to its Members, except as a bona fide compensation for services rendered, or expenses incurred on behalf of the Association.