Membership

Any person who complies with the full qualifications for membership of the Association as set out herein and has been nominated and seconded by an individual member, life member, honorary life member or family member of the association and has been admitted as a member pursuant to these Rules and has paid the membership fee on application shall be a member of the Association. Members will have the right to participate actively in the Association’s sailing and rowing events and in training or in the administration or coaching of such events or training and they will have the use of all Association facilities upon such terms and conditions as the Management Committee may from time to time determine. Until such time as their membership is accepted they must continue to sign in with either a current Queensland club card as reciprocal membership or a drivers licence.

Family Membership may be applied for by any family who are residing at the same residence, up to a maximum of 2 adults and 2 children. All applications must qualify for membership of the Association as set out herein, have been admitted as members after being proposed and seconded in proper form to be “Family Members”, and pay fees on application for family membership as will be determined from time to time by the Management Committee. Each Family Membership holder over the age of 18yrs has the same rights and privileges as an Individual Member, while those under 18 have Junior Membership rights. They must continue to register when entering the club as per licensing requirements, until such time as their membership is accepted.

In consideration of outstanding services rendered to the Noosa Yacht and Rowing Club Inc., Honorary Life Membership may be granted on the recommendation of the Member at a General Meeting. Honorary Life Members shall be entitled to all the privileges of the Association without payment of any further subscription and shall be considered financial members of the Association. An Honorary Life Member may be liable for special levies.

Existing Life Members shall enjoy all the privileges of a Member for life. A Life Member will be liable for special levies.

A junior member shall be a member under the age of 18 years. A Junior member shall not:
a: Be eligible for election to the Management Committee.
b: Be entitled to vote.
c: Be entitled to nominate a candidate for membership.
d: Be entitled to sign in Guests to the Club.

A Junior Member shall pay such fees as are set from time to time by the Management Committee, and must be a participating member of either Youthsail or Youthrow, these being the youth activities areas of this club. Upon turning 18 a Junior Member may apply for Individual Membership. No joining fee will be applicable.

Where the Association is hosting and/or conducting an event or training in conjunction with NYRC club sporting members, with visiting guests, sailing or rowing clubs, associations or other organisations the Management Committee may by resolution deem every person or member of such visiting club, association or organisation to be a temporary member for the duration of the event, regatta or races or such other period of time the Management Committee may in its absolution discretion deem fit.

Every applicant for any class of membership of the Association shall be proposed by one member of the Association and seconded by another member. The application for membership shall be made in writing, signed by the applicant and his proposer and seconder and shall be in such form as the Management Committee from time to time prescribes.

Any persons wishing to become an Associate of the Association may do so by nominating as an Associate, paying the prescribed fees for Associateship on application, and being approved and accepted by the Management Committee. Such Associates will not have the right to vote at any meeting of the Association, nor will they have the right to enter in any sailing or rowing events organised by the Association. Nor will an Associate be entitled to the use of Association sporting equipment. Should an Associate at any time wish to upgrade to membership status, they must first be nominated and seconded in writing by current members, honorary life members, or life members, then accepted in due form by the Management Committee, and pay the appropriate fees applicable to their new status. None of the foregoing removes the right of the Management Committee to limit the number of Associates accepted, and to alter this number from time to time. Until such time as the application is approved they must continue to sign the Visitors Book.

An Associate may have his or her Associateship terminated if at any time the Management Committee determines that an Associate has acted contrary to these rules or has not comported themselves in the interest of the Association.

1. The objects for which the Association is established are:

1.1. To continue, encourage and further the sports of sailing, rowing and boating by any means which may from time to time be determined;

1.2. To promote, manage, conduct and control races and training for yachts, rowing and crew shells and boats;

1.3. To support and encourage the training of juniors wishing to engage in the sports of sailing and rowing;

1.4. To provide and maintain premises and equipment including boats, shells, oars and rigging for the use of the members of the Association and their invites for their sporting and social purposes;

1.5. To do anything which is not inconsistent with the foregoing, or which may assist, enable or further the same in any manner;

1.6. To acquire, hold, sell, lease, mortgage, charge and deal with any manner whatsoever real or personal property of every description.

2. The powers of the Association are:

2.1. 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 as least great ass that imposed on the Association under or by virtue of Rule 22;11

2.2. In furtherance of the object of the Association to buy, sell, provide 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.

2.3. To purchase, take on lease, or in exchange, hire accept or be granted and otherwise acquire any lands building easements or property, real and personal and any rights or privileges which may be requisite for the purpose 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 trust;

2.4. 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;

2.5. To appoint, employ, suspend or dismiss such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Association. Associateship is automatically bestowed upon these persons for the term of their employment, and ceases immediately upon cessation of that employment.

2.6. To remunerate any person or body corporate for services rendered, or to be rendered and whether by way of brokerage or otherwise in placing of any unsecured note, debentures or other securities of the incorporated association, or in or about the incorporated association or in the furtherance of its objects;

2.7. To construct, erect, improve, maintain, develop, work, manage, carry out, extend, amend, repair, refurbish, alter or control any houses, buildings, grounds, works, equipment, facilities, amenities 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 construction, improvements, maintenance, development, working, management, carrying out, extending, amending, repairing, refurbishing, alteration or control thereof;

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

2.9. To take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate;

2.10. 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;

2.11. 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 fluctuation advance account or overdraft or otherwise to represent or secure any monies and further advances borrowed or to be borrowed along 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 incorporated association’s property or assets present or future and to purchase, redeem or pay-off any such securities;

2.12. To draw, make accept endorse discount, execute and issue cheques, promissory notes, bills of exchange, lease, dispose of turn, to account or otherwise deal with all or any part of the property and rights of the Association.

2.13. In furtherance of the objects of the Association to sell, give grant, improve manage, develop, exchange, lease, dispose of turn to account or otherwise deal with all or any part of the property and rights of the Association;

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

2.15. To take or reject any gift of property whether subject to any special trust or not for any one or more of the objects of the Association but subject always to the proviso in Sub-Rule 2.3;

2.16. 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 funs of the Association, in the shape of donations, annual or life subscriptions or otherwise;

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

2.18. In the furtherance of the objects of the Association to amalgamate with any one or more incorporated or unincorporated 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 Rule 22;11

2.19. 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;

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

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

2.22. To transact any lawful business in aid of the Commonwealth of Australia or the State of Queensland in the prosecution of any war, incursion, civil commotion or police action, in which the Commonwealth of Australia or the State of Queensland is engaged;

2.23. To do all such other things as are incidental of conducive to the attainment of the objects and the exercise of the power of the Association.

3. Classes Of Members:

3.1. The membership of the Association shall be open only to the persons who are of good character, conduct and reputation and shall consist of the following classes of members. The numbers of members in each class shall be unlimited

(a) Individual Member

(b) Family Member

(c) Honorary Life Member

(d) Life Member

(e) Junior Member

INDIVIDUAL MEMBERS

3.2. Any person who complies with the full qualifications for membership of the Association as set out herein and has been nominated and seconded by an individual member, life member, honorary life member or family member of the association and has been admitted as a member pursuant to these Rules and has paid the membership fee on application shall be a member of the Association. Members will have the right to participate actively in the Association’s sailing and rowing events and in training or in the administration or coaching of such events or training and they will have the use of all Association facilities upon such terms and conditions as the Management Committee may from time to time determine. Until such time as their membership is accepted they must continue to sign the visitors book.

FAMILY MEMBERSHIP

3.3.

Family Membership may be applied for by any family who are residing at the same residence, up to a maximum of 2 adults and 3 children.  All applications must qualify for membership of the Association as set out herein, have been admitted as members after being proposed and seconded in proper form to be “Family members,” and pay fees on the application for family membership as will be determined from time to time by the Management Committee.  Each Family Membership holder over the age of 18 years has the same rights and privileges as an Individual Member, while those under 18 have Junior Membership rights.  They must continue to register when entering the club as per licensing requirements, until such time as their membership is accepted.

HONORARY LIFE MEMBERS

3.4. In consideration of outstanding services rendered to the Noosa Yacht and Rowing Club Inc., Honorary Life Membership may be granted on the recommendation of the Member at a General Meeting. Honorary Life Members shall be entitled to all the privileges of the Association without payment of any further subscription and shall be considered financial members of the Association. An Honorary Life Member may be liable for special levies.

LIFE MEMBERS

3.5. Existing Life Members shall enjoy all the privileges of a Member for life. A Life Member will be liable for special levies.

JUNIOR MEMBERS
3.6. A junior member shall be a member under the age of 18 years. A Junior member shall not

(a) Be eligible for election to the Management Committee.

(b) Be entitled to vote.

(c) Be entitled to nominate a candidate for membership.

(d) Be entitled to sign in Guests to the Club.

A Junior Member shall pay such fees as are set from time to time by the Management Committee, and must be a participating member of either Youthsail or Youthrow, these being the youth activities areas of this club. Upon turning 18 a Junior Member may apply for Individual Membership. No joining fee will be applicable

TEMPORARY MEMBERSHIP

3.7. Where the Association is hosting and/or conducting an event or training in conjunction with NYRC club sporting members, with visiting guests, sailing or rowing clubs, associations or other organisations the Management Committee may by resolution deem every person or member of such visiting club, association or organisation to be a temporary member for the duration of the event, regatta or races or such other period of time the Management Committee may in its absolution discretion deem fit.

APPLICATIONS FOR MEMBERSHIP

3.8. Every applicant for any class of membership of the Association shall be proposed by one member of the Association and seconded by another member. The application for membership shall be made in writing, signed by the applicant and his proposer and seconder and shall be in such form as the Management Committee from time to time prescribes.

4.1. Any persons wishing to become an Associate of the Association may do so by nominating as an Associate, paying the prescribed fees for Associateship on application, and being approved and accepted by the Management Committee. Such Associates will not have the right to vote at any meeting of the Association, nor will they have the right to enter in any sailing or rowing events organised by the Association. Nor will an Associate be entitled to the use of Association sporting equipment. Should an Associate at any time wish to upgrade to membership status, they must first be nominated and seconded in writing by current members, honorary life members, or life members, then accepted in due form by the Management Committee, and pay the appropriate fees applicable to their new status. None of the foregoing removes the right of the Management Committee to limit the number of Associates accepted, and to alter this number from time to time. Until such time as the application is approved they must continue to sign the Visitors Book.

4.2. An Associate may have his or her Associateship terminated if at any time the Management Committee determines that an Associate has acted contrary to these rules or has not comported themselves in the interest of the Association.

5.1 The membership and associateship fees for each class shall be such sums as the Management Committee shall from time to time determine.

6.1 At the next meeting of the Management Committee after the receipt of any application and the fee applicable for any class of membership, such application shall be considered by the Management Committee, who shall thereupon determine upon the admission or rejection of the applicant.

6.2 Immediately upon applications for any class of membership being received, a copy shall be displayed on the Club Notice Board for at least seven days prior to the date on which the Management Committee will consider these applications for membership.

6.3 Any applicant who receives a majority of the votes of the members of the Management Committee present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for.

6.4 Upon the acceptance or rejection of an application for any class of membership the Secretary, or such person as is appointed by the Committee shall forthwith give the applicant notice in writing of such acceptance or rejection and refund any fees paid if the application is rejected.

6.5 An applicant whose application is rejected may not re apply within 12 months of such rejection unless it is shown that an injustice has been done.

7.1 A member may resign from the Association at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that later date.

7.2 The Management Committee shall consider whether membership shall be suspended or terminated if a member:

7.2.1 is convicted of an indictable offence; or

7.2.2 fails to comply with any of the provisions of these Rules; or

7.2.3 has membership fees or any other monies owed to the Club in arrears for a period of 60 days or more; or

7.2.4 conducts themselves in a manner considered to be injurious or prejudicial to the character or interests of the Association; or

7.2.5 fails to comply with any by laws or Rules of the Association.

7.3 The member concerned shall be given a full and fair opportunity of presenting his case and if the Management Committee resolves to suspend or terminate his membership it shall instruct the Secretary and advise the member in writing accordingly.

8.1 A person whose membership has been terminated may within 1 month of receiving written notification thereof, lodge with the Secretary written notice of his intention to appeal against the decision of the Management Committee.

8.2 Upon receipt of notification of intention to appeal against termination of membership the Secretary shall convene, within 3 months of the date of receipt by him of such notice, a general meeting to determine the appeal. At any such meeting the applicant shall be given the opportunity to fully present his case and the Management Committee or those members thereof who terminated the membership subsequently shall likewise have the opportunity of presenting its or their case. The appeal shall be determined by the vote of the members present as such meeting.

9.1. The same mode of Appeal as against Termination of Membership as detailed above under “Appeal Against Termination of Membership” shall apply, however the appeal shall be heard within seven days of the written notice of intention to appeal being in the hands of the Secretary, before a panel of eight member, five being appointed by the Management Committee, and three being nominated by the appellant. In the case of an evenly split vote, the Chairman of the panel shall have the casting vote.

The Appellant shall be provided with a record of the Appeal Meeting, which shall be signed by the Chairman of that meeting as a true record of the Meeting. Should the Appellant not agree with that record, written notice of that disagreement shall be put before the next regular meeting of the Management Committee for arbitration.

10.1. The Management Committee shall cause a register to be kept in which shall be entered the names and mailing addresses of all persons admitted to the Association.

10.2. This may be electronic, and will be kept up to date regarding deaths, resignations, terminations and reinstatement of membership or any particulars that the Management Committee or the members at any General Meeting may require from time to time.

10.3. The register shall be open for inspection at all reasonable times by any member who previously applies to the Secretary for such inspection.

11.1. The Management Committee of the Association shall consist of a

(i) Commodore,

(ii) Vice Commodore Sailing,

(iii) Rowing Captain,

(iv) Secretary,

(v) Treasurer,

(vi) Social Director,

(vii) 2 General Committee Members

Special Provision: (At the Annual General Meeting following the acceptance of this update of this Constitution by the membership of this Club, and also its approval by the Chief Executive of the Office Of Consumer Affairs Department of Justice, the candidate for the position of General Committee Member who received the most votes for this position shall be elected for two years, the next highest for one year. At the following General Meeting the retiring General Committee person will be replaced by one elected for two years.

Thus each year after that, one General Committee person will retire, and be replaced by two- year Committee person.) In the event that an incumbent two-year General Committee person cannot for any reason complete the elected term in office, the Management Committee, replacement who shall, if possible, have served on the previous years Management Committee.

11.2. At the Annual General Meeting of the Association all the members of the Management Committee for the time being shall retire from office but shall be eligible upon nomination for re-election. The exception to this rule will be the continuing 2 year committee member.

11.3. The election of officers and other members of the Management Committee shall take place in the following manner:

11.3.1. Any two Members, Honorary Life or Life Members of the Association shall be at liberty to nominate any other member, Honorary Life Member or Life Member to serve as an officer or other Member of the Management Committee.

11.3.2. The nomination, which shall be in writing and signed by the member and his proposer and seconder, shall be lodged with the Secretary at least fourteen (14) days before the Annual General Meeting at which the election is to take place.

11.3.3.A list of candidates’ names in alphabetical order, with the proposers’ and seconders’ names, shall be posted in a conspicuous place on the Notice Board at the usual place of meeting of the Association for at least seven (7) days immediately preceding the Annual General Meeting.

11.3.4. Balloting lists shall be prepared (if necessary) containing the names of the candidates in alphabetical order, and each member present at the Annual General Meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies.

11.3.5. Should, at the commencement of such meeting there be an insufficient number of candidates nominated then nominations may be taken from the floor of the meeting.

12.1. The Management Committee shall appoint a Returning Officer whose duties shall be to control the issuing of ballot papers and subsequent collection and counting of same at the Annual General Meeting

12.2. The Returning Officer shall liaise with the Secretary-Manager regarding the preparation of Ballot Boxes, and ensure that only those entitled to vote are issued with the necessary ballot papers.

12.3. The returning Officer will enlist such number of scrutineers as may be required. Candidates are not eligible for these positions.

12.4. The Returning Officer shall advise the Chairman for the time being of the Meeting the result of the scrutineers count, and the Chairman shall announce the result.

12.5. A Motion that Ballot papers be destroyed must be passed, and the Returning Officer will see this carried out.

13.1. Any member of the Management Committee may resign from membership of the Management Committee at any time by giving notice in writing to the Secretary. Such aresignation shall take effect at the time such notice is received by the Secretary unless a late date is specified in the notice when it shall take effect on that later date or such member may be removed from office at a General Meeting of the Association where that member shall be given the opportunity to present his case The question of removal shall be determined by the vote of the members present at such a general meeting.

13.2. The Management Committee shall have power at any time to appoint any member, honorary life member or life member of the Association to fill any casual vacancy on the Management Committee until the next Annual General Meeting, provided that the Vice Commodore Sailing shall be chosen from the member of the sailing committee and the Rowing Captain shall be chosen from the member of the Rowing Committee.

13.3. The continuing members of the Management Committee may act not withstanding any casual vacancy in the Management Committee, but if and so long as their number is reduced below the number fixed by or pursuant to these Rule as the necessary quorum of the Management Committee then the remaining members of the Management Committee may meet for the purposes of summoning a general meeting of the association, but for no other purpose.

14.1. Except as otherwise provided by these Rules and subject to resolutions of the members of the Association carried at any General Meeting the Management Committee:-

14.1.1.shall have the general control and management of the administration of the affairs, property and funds of the Association; and

14.1.2.shall have authority to interpret the meaning of these Rules and any matter relating to the Association on which these rules are silent.

14.2. The Management Committee may exercise all the powers of the Association for the objects of the Association, but without limiting the generality of the foregoing, may also:-

14.2.1.borrow or raise or secure the payment of money in such manner as the members of the Association may think fit and secure the same or the payment of 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;

14.2.2. borrow money from members at a rate of interest not exceeding interest at the rate for the time being charged by bankers in Brisbane 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; and

14.2.3. invest in such a manner as the members of the Association may from time to time determine.

14.3. The association shall indemnify and save harmless any member of the Management Committee who incurs or becomes liable for any fine, penalty, judgement debt or charge of any nature arising out of a reasonable and bona fide performance of his duties as a member of the Management Committee or any member of the Association acting in accordance with a lawful direction of the Management Committee, provided that any such act or omission related to the Association and its Objects and Powers and was not a reckless or wilful breach of any common or statute law. Act Regulation, Ordinance, By Law or these Rules. The onus of proof that any Member is not entitled to be so indemnified and saved harmless shall rest with the Management Committee or the Association at a General Meeting or an independent referee acceptable to both parties.

15.1. The Management Committee shall meet at least once every calendar month to exercise its function.

15.2. A special meeting of the Management Committee shall be convened by the Secretary on the requisition in writing signed by not less than one-third of the members of the Management Committee, which requisition shall clearly state the reasons why such special meeting is being convened and the nature of the business to be transacted thereat.

15.3. Not less than forty eight hours notice shall be given by the Secretary to members of the Management Committee of any special meeting of the Management Committee. Such notice shall clearly state the nature of the business to be discussed thereat.

15.4. At every meeting of the Management Committee a simple majority of a number equal to the number of members elected and or appointed to the Management Committee at the close of the last general meeting of the members shall constitute a quorum.

15.5. Subject as previously provided in this Rule, the Management Committee may meet together and regulate its proceedings as it thinks fit PROVIDED THAT questions arising at any meeting of the Management Committee shall be decided by a majority of votes and, in the case of equality votes, the question shall be deemed to be decided in the negative.

15.6. A member of the Management Committee shall not vote in respect of any contract or proposed contract with the Association in which he is interested, or any matter arising thereof, and if he does so vote his vote shall not be counted.

15.7. The Commodore shall preside as Chairman at every meeting of the Management Committee, or if there is no Commodore, or if at any meeting he is not present within 10 minutes after the time appointed for the holding of the meeting, then the members of the Management Committee may choose one of their number to be Chairman of the meeting.

15.8. If within half an hour from the time appointed from the commencement of a Management Committee meeting a quorum is not present, the meeting, if convened upon the requisition of members of the Management Committee, shall laps. 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 time and place as the Management Committee may determine, and if at the adjourned meeting a quorum in not present within half an hour from the time appointed for the meeting, the meeting shall lapse. Following this the Secretary will convene a Special General Meeting, to take place within thirty days of the second lapsed Management Committee Meeting. At this special General Meeting the membership will consider the future course of the Association.

16.1. The Management Committee may delegate any of its powers to a Sub-Committee consisting of such members of the Association as the Management Committee thinks fit Any Sub- Committee so formed shall in the exercise of the powers so delegated conform to any regulations that maybe imposed on it by the Management Committee

16.2. A Sub-Committee may elect a Chairman of its meeting if no such Chairman is elected, or if at any meeting the Chairman is not present within ten minutes after the time appointed for holding the meeting, the members present may choose one of their number to be Chairman of the meeting.

16.3. A Sub-Committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present and, in the case of an equality of votes the question shall be deemed to be decided in the negative.

16.4. The Sailing Committee shall consist of a Chairman who shall be the Vice Commodore Sailing ex officio, and no less than six and no more than ten Members, Life or Honorary Life Members. The Rowing Committee shall consist of a Chairman who shall be the Rowing Captain ex officio and no less than four and no more than eight Members, Life or Honorary Life Members. The members of the Rowing and Sailing Committees shall be appointed by the Rowing Captain and Vice-Commodore respectively, within 30 days of the AGM and confirmed by the Management Committee at its next meeting. In the temporary absence of the Chairman, each Committee shall elect one of its members to be a temporary Chairman. Should the members of the Sailing and Rowing Committees fall below their respective prescribed minima the numbers of either or both committees shall be increased to their respective prescribed minima by persons appointed thereto by the remaining members of such Committee or, should this not be possible, by the Management Committee. The Sailing and Rowing Committees shall be responsible for the organisation, supervision, providing and requisitioning for an running and management of Sailing and Rowing Respectively by members and the Association and without limiting the generality of the foregoing shall be responsible for care and maintenance of boats, shells and equipment and rigging, coaching, training, racing regattas and such other or similar activities, and shall recommend the needs of sport to the management Committee for fulfilment by it as it seems fit.

Financial outlay for purchase of equipment or major repair of equipment must first be approved by the Management Committee.

16.5 All acts done by any meeting of the Management Committee or of a Sub-Committee or the Sailing and/or Rowing Committees or by any person acting as a member of such Committees shall notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of such Committees or person acting as aforesaid the members of the Committees 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 Committee.

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

17.1. The Annual General Meeting shall be held within three months of the close of financial year.

17.2. The business to be transacted at every Annual General Meeting shall be:-

17.2.1.the receiving of the Management Committee’s report and the statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the Association for the preceding financial year;

17.2.2.the receiving of the auditor’s report upon the books and accounts for the preceding financial year;

17.2.3.the election of members of the Management Committee; and

17.2.4.the appointment of an auditor.

17.2.5. The consideration Notices of Motion.

Notices of Motion must conform with these Rules, be proposed and seconded by members eligible to vote at the Annual General Meeting, and be in the hands of the Secretary by 5.00pm, seven days prior to the date of the Annual General Meeting These Notices of Motion shall be displayed on the club Notice Board upon receipt.

17.3 The Secretary shall convene a Special General Meeting:-

17.3.1 When directed to do so by the Management Committee.

17.3.2 On the requisition in writing signed by not less than one- third of the members presently on the Management Committee. Such requisition shall clearly state the reasons why such special general meeting is being convened and the nature of the business to be transacted thereat;

17.3.3 On being given a notice in writing of an intention to appeal against the decision of the Management Committee to terminate the membership of any person.

17.3.4 By a requisition signed by thirty members, Honorary Life Members or Life Members who would be eligible to vote at a Special General Meeting.

17.4 At any General Meeting the number of members required to constitute a quorum shall be one fifth of the members of the Association who are entitled to vote at such meeting, or twice the number of members currently on the Management Committee plus one, whichever is greater.

17.4.1 No business shall be transacted at any General Meeting unless a quorum of members is physically present at the time when the meeting proceeds to business.

17.4.2 If within half an hour from the time appointed for the commencement of a General Meeting a quorum is not present, the meeting, if convened upon the requisitions of members of the Management Committee or the Association, shall lapse. In any other case 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 Management Committee 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.

17.5 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 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 adjournment or of the business to be transacted at an adjourned meeting.

17.6 The Secretary shall convene all General Meetings of the Association by giving not less than fourteen (14) days notice of any such meeting to the members of the Association.

17.6.1 The manner by which such notice shall be given shall be determined by the Management Committee PROVIDED THAT notice of any meeting convened for the purpose of hearing and determining the appeal of a member against the termination of his membership by the Management Committee, shall be given in writing. Notice of a General Meeting shall clearly state the nature of the business to be discussed thereat.

17.7 Unless otherwise provided by these Rules at every General Meeting:-

17.7.1 The Chairman of the Management Committee shall preside as Chairman, or if there is no Chairman or if he is not present within fifteen minutes after the time appointed for the holding of the meeting or is unwilling to act, the members present shall elect one of their number to be Chairman of the meeting.

17.7.2 The Chairman shall maintain order and conduct the meeting in a proper and orderly manner;

17.7.3 Every question, matter or resolution shall be decided by a majority of votes of the members present;

17.7.4 Every member present shall be entitled to one vote and in the case of equality of votes the Chairman shall have a second or casting vote PROVIDED THAT no member shall be entitled to vote at any General Meeting if his annual subscription is in arrears at the date of the meeting.

17.7.5 Voting shall be by show of hands or a division of members, unless not less than one-fifth of the members present demand a ballot in which event there shall be a secret ballot. The Chairman shall appoint a minimum of two members to conduct the secret ballot in such a manner as he shall determine 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;

17.7.6 The Management Committee will, when calling the meeting, request, provided for and accept Postal Votes when applied for and completed in a manner consistent with the Electoral Act for the state of Queensland.

17.7.8 Proxy votes will not be accepted at General Meetings.

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

18.1 Section 25a(l) of the Association Incorporation Act is specifically excluded from the operation of these Rules.

19.1 The Management Committee may from time to time make, amend or repeal by-laws, not inconsistent with these Rules, for the internal Management of the Association and any by-law may be set aside by a General Meeting. A list of By-Laws shall be kept and be available to Members.

Subject to the provisions of the Associations Incorporated Act 1981, these Rules may be amended, rescinded, or added to from time to time by a special resolution carried at any General Meeting provided that no such amendment, rescission or addition shall be valid unless the same shall have been previously submitted to and registered by the Chief Executive of the Office of Consumer Affairs Department of Justice.

The Management Committee shall provide for a Common Seal and for its safe custody. The Common Seal shall only be used by the authority of the Management Committee and every instrument to which the Common Seal is affixed shall be signed by a Member of the Management Committee and shall be countersigned by the Secretary or by a second Member of the Management Committee or by some other person appointed by the Management Committee for the purpose.

22.1 The funds of the Association shall be banked in the name of the Association in such bank as the Management Committee may from time to time direct.

22.3 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.

22.4 All money shall be banked as soon as practicable after receipt thereof.

22.5 All amounts of one hundred dollars or over shall be paid by cheque signed by any two of the members or employees thus authorised from time to time by the Management Committee.

22.6 Cheques shall be crossed “not negotiable” except those in payment of wages, allowances or petty cash recoupments which may be open.

22.7 The Management Committee shall determine the amount of petty cash which shall be kept on the impressed system.

22.8 All expenditure shall be approved or ratified at a Management Committee meeting.

22.9 As soon as practicable after the end of each financial year the Treasurer shall cause to be prepared a statement containing particulars of:

22.9.1 the income and expenditure for the financial year just ended; and

22.9.2 the assets and liabilities and of all mortgages, charges and securities affecting the property of the Association at the close of that year.

22.10 All such statements shall be examined by the auditor who shall present his report upon such audit to the Secretary prior to the holding of the Annual General Meeting next following the financial year in respect of such audit was made.

22.11 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 disturbed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the Association, PROVIDED THAT nothing herein contained shall be construed so as to prevent the payment or repayment of any member 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.

22.12 The payment to an officer or employee of the Club of an amount by way of commission or allowance calculated by reference to the quality of liquor sold or supplied by the Club or the receipts of the Club for such liquor is expressly precluded.

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

23.2 The financial year of the Association shall close on the 30th day of June each year.

24.1 If the Association shall be wound up in accordance with the provisions of the Associations Incorporation act 1981, and there remains, after satisfaction of 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 among its or their members to an extent at least as great as is imposed on the Association under or by virtue of the Rule 28.10 such institution or institutions to be determined by the members of the Association.