To print click hereCollaroy Swimming Club Constitution
NAME OF CLUB
l. The name of the Club shall be “COLLAROY SWIMMING CLUB INC:” (hereinafter referred to as ‘the Club”).
2. The objects for which the Club is incorporated are:¬
2.1. To foster, support, teach and encourage swimming and water sports and water safety.
2.2. To conduct intra and inter Club races, contests and championships from time to time as the Committee may determine and in accordance with rules from time to time published by the New South Wales Amateur Swimming Association or other appropriate Association or Body.
2.3. To affiliate with the New South Wales Amateur Swimming Association or such other association or body from time to time responsible for the administration of amateur swimming and with such similar District Associations as may be considered desirable.
2.4. To arrange youth activities and functions for members.
2.5. To take over and acquire all of the funds, assets and liabilities of the unincorporated Association presently known as “COLLAROY SWIMMING CLUB”
3 Solely for the purposes of carrying out the aforesaid objects and not otherwise:¬
3.1. To submit to, become a member of and co-operate with or amalgamate with any other Association or organisation whether incorporated or not whose objects are similar to those of the Club provided that the Club shall not subscribe to or support with its funds or amalgamate with an Association or organization which does not prohibit the distribution of its income and property among its members.
3.2. To purchase, take on lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property real and/or 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 Club.
3.3. To enter into any arrangements with any government or authority, supreme, municipal, local or otherwise or any private corporation or individual that may seem conducive to the Clubs objects or any of them and to obtain from any such authority or corporation or individual any gifts, donations, rights, privileges or concessions which the Club or the Committee may think it desirable to obtain and to carry out, to exercise and comply with any such arrangements, rights, privileges or concessions.
3.4. To invest and deal with the money of the Club not immediately required in such manner as the Committee thinks fit and as may be permitted by law for the investment of trust funds.
3.5. To borrow or raise or secure the payment of money in such manner as the Club or the Committee may think fit and to secure the same or the repayment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Club in any way.
3.6. To make, draw, accept, endorse, discount, execute and issue cheques, promissory notes, bills of exchange and other negotiable or transferable instruments.
3.7. To sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any of the property and rights of the Club.
3.8. To open, maintain and conduct such bank accounts, whether current, savings, deposit, investment or otherwise as the Committee may determine and upon such terms and conditions as the Committee may from time to time determine.
3.9. To take or hold mortgages, liens and charges to secure payment of the purchase price or any unpaid balance of the purchase price of any part of the club’s property of whatsoever kind sold by the Club or any money due to the Club from purchasers and others.
3.10. 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 Club, in the form of donations, annual subscriptions or otherwise.
3.11. To print and publish any newspapers, periodicals, books or leaflets that the Club or the Committee may think desirable for the promotion of the objects of the Club.
3.12. To transfer all or any part of the property, assets, liabilities or engagements of the Club to any one or more of the organisations with which the Club is authorised to amalgamate or affiliate.
3.13. To insure against losses, damages, risks, accidents and liabilities of all kinds which may affect the Club whether in respect of contracts, agreements, advances or securities or in respect of members of the Club or in respect of property belonging to or leased to or hired by the Club or in respect of negligence of members of the Club or for any other risks whatsoever and to pay premiums on such insurances.
3.14. To appoint a coach or coaches or instructor or instructors to be responsible for the swimming, water sports and water safety tuition education and development of all members of the Club and others as the Committee may from time to time determine and upon such terms and conditions as the Committee in its absolute discretion shall from time to time determine.
3.15. To hold or arrange competitions and examinations and provide or contribute towards the provision of prizes, scholarships, awards and distinctions in connection therewith.
3.16. To do all such other things as are incidental to or conducive to the attainment of the above objects.
3.17. To do any act not otherwise illegal.
AND IT IS HEREBY DECLARED that in the interpretation of this clause the meaning of any of the club’s objects or powers shall not be restricted by reference to any other object or power or by the juxtaposition of two or more objects or powers and that in the event of any ambiguity this clause shall be construed in such a way as to widen and not restrict the objects or powers of the Club.
4 The income and property of the Club, whencesoever derived, shall be applied solely towards the promotion of the objects of the Club as hereinbefore set forth and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise, to the members of the Club. Provided that nothing herein contained shall prevent the payment to any member of the Club for goods or services supplied in the ordinary course of business nor prevent the allocation of prizes, trophies, scholarships or awards to members of the Club but so that no member of the Committee of the Club shall be appointed to any salaried office of the Club or any office of the Club paid by fees and that no remuneration or other benefit in money or money’s worth shall be paid or given by the Club to any member of such Committee except repayment of out-of-pocket expenses for money lent or reasonable and proper rent for premises demised or let to the Club.
COLLAROY SWIMMING CLUB INC.
INDEX TO RULES
RULE SUBJECT PAGE
PART 1 – PRELIMINARY 9
1. INTERPRETATION 9
PART 2 – MEMBERSHIP 9
2. CLASSES OF MEMBERSHIP 9
3. MEMBERSHIP FEES 12
4. MEMBERSHIP QUALIFICATIONS 12
5. APPLICATION FOR MEMBERSHIP 13
6. NOMINATIONS FOR LIFE MEMBERSHIP & ASSOCIATED MATTERS 13
7. CESSATION OF MEMBERSHIP 14
8. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE 14
9. RESIGNATION OF MEMBERSHIP 14
10. REGISTER OF MEMBERS 14
11. MEMBERS’ LIABILITIES 14
12. DISCIPLINING OF MEMBERS 15
13. RIGHT OF APPEAL OF DISCIPLINED MEMBER 16
PART 3 – THE COMMITTEE 16
14. POWERS, ETC, OF THE COMMITTEE 16
15. CONSTITUTION AND MEMBERSHIP 17
16. ELECTION OF MEMBERS 17
17. SECRETARY 18
18. TREASURER 18
19. CASUAL VACANCIES 18
20. REMOVAL OF MEMBER 19
21. MEETTNGS AND QUORUM 19
22. DELEGATION BY COMMITTEE TO SUB-COMMITTEE 20
23. VOTING AND DECISIONS 20
PART 4 – GENERAL MEETINGS 21
24. ANNUAL GENERAL MEETINGS – HOLDING OF 21
25. ANNUAL GENERAL MEETINGS – CALLING OF AND BUSINESS AT 21
26. SPECIAL GENERAL MEETINGS – CALLING OF 21
27. NOTICE 22
28. PROCEDURE 22
29. PRESIDING MEMBER 23
30. ADJOURNMENT 23
31. MAKING OF DECISIONS 23
32. SPECIAL RESOLUTION 24
33. VOTING 24
PART 5 – MISCELLANEOUS 24
34. APPOINTMENT OF PROXIES 24
35. INSURANCE 24
36. FUNDS – SOURCE 25
37. FUNDS – MANAGEMENT 25
38. ALTERATION OF OBJECTS AND RULES 25
39. COMMON SEAL 25
40. CUSTODY OF BOOKS ETC. 25
41. INSPECTION OF BOOKS ETC. 25
42. SERVICE OF NOTICES 26
43. SURPLUS PROPERTY 26
PART 6 – ADDITIONAL RULES APPLICABLE TO CHARITIES 26
44. APPLICATION OF PART 26
45. PAYMENT ETC. OF OFFICE BEARERS AND MEMBERS 26
46. VACATION OF OFFICE 26
47. SURPLUS PROPERTY 27
48. NOTIFICATION OF PROPOSED ALTERATION OF RULES 27
49. COMPLIANCE WITH CHARITABLE COLLECTIONS ACT, 1934 27
PART 7 – FURTHER MISCELLANEOUS PROVISIONS 27
50. SWIMMING HEADQUARTERS 27
51. CLUB COLOURS 27
52. CLUB BADGE 27
53. CLUB BLAZER POCKET 27
54. CLUB SEASON AND RACES 27
55. FINANCIAL YEAR 27
56. PATRON AND HONORARY AUDITOR 28
57. AFFILIATION 28
APPENDIX I – APPLICATION FOR MEMBERSHIP OF ASSOCIATION 29
APPENDIX 2 – FORM OF APPOINTMENT OF PROXY 30
PART 1 – PRELIMINARY
(1) In these Rules, except insofar as the context or subject-matter otherwise indicates or requires –
“The Club” shall mean the Association known as “COLLAROY SWIMMING CLUB INC.” and a reference to “the Association” or “Association” shall have the same meaning.
“Ordinary member” means a member of the Committee who is not an office-bearer of the Association, as referred to in Pule 15.2.
(a) the person holding office under these Rules as a secretary of the Associations; or
(b) where no such person holds that office – the public officer of the Association;
“Special General meeting” means a general meeting of the Association other than an Annual General meeting.
“The Act” means the Associations Incorporation Act, 1984.
“The Regulation” means the Association Incorporation Regulation 1985.
(2) In these Rules¬
(a) a reference to a function includes a reference to a power, authority and duty; and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3) The provisions of the Interpretation Act, 1897, apply to and in respect of these Rules in the same manner as those provisions would so apply if these Rules were an instrument made under that Act.
PART 2 – MEMBERSHIP
2. CLASSES OF MEMBERSHIP
There shall be five classes of membership of the Club:
2.1 Junior Membership
Junior membership shall be open to all persons who are under the age of 16 years on 1 October in any particular year of membership. Junior members shall have the right to receive notice of and to attend at all general meetings of the Club but with the exception of the right to vote for the election o€ Club Captains and Club Vice Captains, shall have no right to vote at any such meetings.
2.1(a) At the commencement of each season and when applying for junior membership of the Club junior members shall indicate in writing to the Club whether it is the intention of that junior member to make application to compete during the season in respect of which application for membership is then being made in any external swimming events (eg. at Inter-Club, District, State or National levels) in addition to competing in the regular handicap and championship events to be conducted by the Club throughout the season in respect of which application for membership is then being made. In the event that it is the intention of such member to so compete at other than Club events then the Club shall have the right to charge to that member any capitation or additional capitation fees or any other expenses which may, as a result, be payable by the Club to NSW Swimming Association Inc (formerly NSW Amateur Swimming Association) or such other Association or Body or Associations or Bodies as from time-to-time may be responsible for the administration of amateur swimming in New South Wales and Australia in respect of such competition and otherwise the rights, privileges and obligations of junior membership of the Club shall be as provided for in these Rules.
2.2. Senior membership
Senior membership shall be open to all persons who are aged 16 years and over on 1 October in any particular year of membership. Subject always to Rule 3.1(c) Senior members shall be classified as either competing or non-competing members. All Senior members whether competing or non-competing shall have the right to receive notice of and to attend and vote at all General Meetings of the Club.
2.2(a) At the commencement of each season and when applying for senior membership of the Club senior members shall indicate in writing to the Club whether it is the intention of that senior member to make application to compete or officiate during the season in respect of which application for membership is then being made in any external swimming events (eg. at Inter-Club, District, State or National levels) in addition to competing in the regular handicap and championship events to be conducted by the Club throughout the season in respect of which application for membership is then being made. In the event that it is the intention of such member to so compete or officiate at other than Club events then the Club shall have the right to charge to that member any capitation or additional capitation fees or any other expenses which may, as a result, be payable by the Club to NSW Swimming Association Inc (formerly NSW Amateur Swimming Association) or such other Association or Body or Associations or Bodies as from time-to-time may be responsible for the administration of amateur swimming in New South Wales and Australia in respect of such competition or officiation and otherwise the rights, privileges and obligations of senior membership of the Club shall be as provided for in these Rules.
2.3. Life membership
Life membership may be conferred upon senior members of the Club of not less than seven (7) years standing as Senior members who in the opinion of the Committee have rendered outstanding and valuable assistance and service to the Club in the achievement of its objects. Life membership shall only be granted:¬
2.3(a) following a resolution passed by not less than four fifths of those members of the Committee of the Club present at a meeting of the Committee at which the recommendation is put to recommend to the next Annual General Meeting of the members of the Club that such Life membership be granted; and
2.3(b) following a resolution passed by not less than four fifths of those members of the Club present at the Annual General Meeting and entitled to vote thereat at which the recommendation of the Committee is put to grant such life membership.
All voting under clause 2.3(a) and clause 2.3(b) for the nomination and election of life members shall be by way of secret ballot.
Life members shall be entitled to receive notice of all General Meetings of the Club and to attend and vote thereat and apart from payment of membership fees shall be subject to the Rules of the Club.
2.4 Associate Membership
Associate membership of the Club may be conferred by the Committee (and on an interim basis by the Office Bearers) upon such persons and for such duration as the Committee or the Office Bearers may determine. Such membership may be cancelled without notice by the Committee or the Office Bearers in its or their absolute discretion.
Associate members shall not be entitled to receive notice of General meetings of the Club. They may attend thereat but shall not have the right to vote thereat. Associate members shall, apart from payment of membership fees, be subject to the Rules of the Club.
2.5. Honorary Membership
The Committee may , by unanimous vote confer the status of Honorary member upon any person or body who or which, in the opinion of the Committee have by donation of funds, prizes, trophies or otherwise in the discretion of the Committee assisted the Club in the achievement of its objects. Honorary members shall not be required to pay any membership fees and the status of Honorary membership shall not confer the privilege of voting at any meetings of or holding any office in the Club. Honorary members shall be entitled to receive a presentation or memorandum of their original appointment as such. Such membership shall subsist for a period of 12 months and may be renewed by the Committee for ensuing periods of 12 months by unanimous resolution.
3. MEMBERSHIP FEES
3.1. Junior and senior members shall pay such annual subscriptions or membership fees as the Committee, in its absolute discretion shall determine as payable in any one year and without limiting the foregoing discretion vested in the Committee:
3.1(a) different fees may be fixed for different classes of membership.
3.1(b) concessions may be granted where more than one member of a family applies for membership of the Club.
3.1(c) different levels of fees may be fixed for competing and non-competing Senior members PROVIDED ALWAYS that no non-competing member shall be entitled to compete in Club events until the difference in competing and non-competing membership fees is paid.
3.1(d) Life members shall be exempt from payment of membership fees.
3.1(e) Associate members shall be exempt from payment of membership fees.
3.1(f) Honorary members shall be exempt from payment of membership fees.
3.1(g) Different fees may be fixed for junior and senior membership at the discretion of the Committee depending on whether the particular junior or senior member of the Club intends, in any one or more seasons in respect of which application for membership is made, to compete (or in respect of senior members, to compete and/or officiate) at external levels (eg. at Inter City, District, State or National Levels) other than in the regular handicap and championship events to be conducted by the Club during the particular season in respect of which membership is sought.
4. MEMBERSHIP QUALIFICATIONS
Notwithstanding the provisions of clauses 2 and 3 hereof, a person is qualified to be a member of the Club if, but only if
4.1(a) that person is a bona fide amateur within the Rules from time to time made by the New South Wales Amateur Swimming Association or other appropriate Association or Body; and
4.1(b) the person is a person referred to in Section 15(1) (a) (b) or (c) of the Act and has not ceased to be a member of the Association at any time after incorporation of the Association under the Act; or
4.1(c) the person is a natur