Brac Constitution Final For Agm September 2017

CONSTITUTION
OF THE
BUNBURY REGIONAL
ATHLETICS CLUB Inc.
Constitution of the Bunbury Regional Athletics Club Inc. dated Septemebr 2017 1
TABLE OF CONTENTS
Page
1. NAME ……………………………………………………................... 3
2. AFFILIATION …………………………………………………………. 3
3. TERMS USED …………………….…………………………………. 3-4
4. OBJECTS …………………………………………………………...... 5
5. POWERS ……………………………………………………………... 5-6
6. MEMBERSHIP ……………………………………………………….. 7
7. TERMINATION OF MEMBERSHIP ……………………………….. 8
8. DISPUTES & MEDIATION 8-10
9. SUSPENSION OR EXPULSION OF MEMBERSHIP 11
10. REGISTER OF MEMBERSHIP …………………………………..... 11-12
11. REGISTRATION FEES ……………………………………………... 12
12. MANAGEMENT OF THE ASSOCIATION ………………………... 12-13
13. CASUAL VACANCIES ………………………………………………. 14
14. RESIGNATIONS …………………………………………………...... 14
15. PROCEEDINGS OF EXECUTIVE COMMITTEE MEETINGS …. 14-15
16. VOTING ………………………………………………………….....… 15
17. QUORUM ………………………………………………………...…... 16
18. ANNUAL GENERAL MEETING ………………………………..…... 16
19. GENERAL & SPECIAL GENERAL MEETINGS ……………...….. 17
20. MINUTES OF MEETINGS ………………………………………….. 17
21. AMENDMENTS TO CONSTITUTION …………………………….. 18
22. AMENDMENTS TO BY-LAWS ………………………………...…... 18
23. FINANCE …………………………………………………………...... 18
24. COMMON SEAL ………………….………………………………..... 19
25. RECORDS OF INCORPORATION …………………………...…… 19
26. DISSOLUTION …………………………..………………………..…. 19
1. NAME
The name of the Association shall be the “Bunbury Regional Athletics Club Inc.” (Here
in after referred to as the Association).
2. AFFILIATION
The Association shall be affiliated with the official State governing body of athletics in
Western Australia. Currently this is the Western Australian Athletics Commission Inc.,
(herein after referred to as the WAAC) also known as Athletics WA. Affiliation will be
maintained with the WAAC (or its successor[s]) as long as the Association remains in
existence.
3. TERMS USED
Act means the Associations Incorporation Act 2015;
Associate member: means a member with the rights referred to in rule 6.5.3;
Association: means the incorporated association to which these rules apply;
Books: of the Association, includes the following —

(a) a register;
(b) financial records, financial statements or financial reports, however compiled,
recorded or stored;
(c) a document;
(d) any other record of information;
By laws: means by-laws made by the Association under rule 64;
Chairperson: means the Committee member holding office as the chairperson of the
Association;
Commissioner: means the person for the time being designated as the Commissioner
under section 153 of the Act;
Committee or Executive Committee: means the management committee of the

Association;
Committee meeting: means a meeting of the committee
Committee member: means a member of the committee;
Financial records:
includes —
(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques,
promissory notes and vouchers; and
(b) documents of prime entry; and
(c) working papers and other documents needed to explain —
(i) the methods by which financial statements are prepared; and
(ii) adjustments to be made in preparing financial statements;
Financial report: of a tier 2 association or a tier 3 association, has the meaning given in
section 63 of the Act;
Financial statements: means the financial statements in relation to the Association

required under Part 5 Division 3 of the Act;
Financial year: of the Association will be the first day of July to the last day of June;
General meeting: of the Association, means a meeting of the Association that all members
are entitled to receive notice of and to attend;
Member: means a person (including a body corporate) who is an ordinary member or an

associate member of the Association;
Ordinary committee member: means a committee member who is not an office holder of
the Association under rule 27(3);
Ordinary member: means a member with the rights referred to in rule 6.5.1;
President: means the committee member holding office as the President of the
Association.
Register of members: means the register of members referred to in section 53 of the Act;
Rules: means these rules of the Association, as in force for the time being;
Secretary: means the committee member holding office as the Secretary of the
Association;
Special general meeting: means a general meeting of the Association other than the
annual general meeting;
Special resolution: means a resolution passed by the members at a general meeting in

accordance with section 51 of the Act;
Subcommittee: means a subcommittee appointed by the committee under rule 12.10;
Tier 1 association: means an incorporated association to which section 64(1) of the Act
applies;
applies;
applies;
Treasurer: means the committee member holding office as the Treasurer of the
Association.
4. OBJECTS
The major objects of the Association are to:
4.1 Provide recreational activity in the form of track and field athletics competition and
activities for its members within the age groups catered for by the WAAC and
determined by the Association Executive Committee. This will be carried out
without fear or favour with respect to race, creed, sex, socio-economic status or
level of ability.
4.2 Apply the property and income of the Association solely towards the promotion of
the objects of the Association, with no part of the property or income to be paid or
otherwise distributed, directly or indirectly, to members of the Association, except
in good faith in the promotion of these objects.
4.3 Promote, manage and control athletics within the Greater Bunbury Region
including its surrounding areas.
4.4 Encourage greater community involvement in athletics as a means of furthering the

development and profile of athletics.
4.5 Develop and maintain, the highest level of sporting endeavour and fair play.
4.6 Promote good fellowship and social interaction among the members within the
Association.
4.7 Encourage the fullest participation by athletes and officials in all events conducted
by the WAAC; and
4.8 Co-ordinate the activities of any club/s affiliated with the Association in accordance
with the Constitution, Rules, Regulations and By Laws of the WAAC.
5. POWERS
The major powers of the Association are to:
5.1 Register athletes in accordance with the Constitution, Rules, Regulations and By
Laws of the WAAC.
5.2 Organise and control the conduct of track and field athletics competition arranged
by the Association.
5.3 Encourage, aid and facilitate the formation of affiliated clubs.
5.4 Select teams of registered athletes to represent the Association in approved

competitions.
5.5 Appoint delegates to WAAC meetings in accordance with the WAAC’s Constitution,
Rules, Regulations and By Laws.
5.6 Purchase, hire, lease or otherwise acquire athletic or associated equipment for the
Association.
5.7 Acquire, hold, deal with and dispose of any real or personal property.
5.8 Open and operate bank accounts.
5.9 Invest and deal with, all monies, funds and assets of the Association not
immediately required for its purposes, in such a manner as, from time to time, the
Association may determine.
5.10 Borrow monies upon the terms and conditions as the Association sees fit.
5.11 Give security for the discharge of the liabilities incurred by the Association.
5.12 Appoint agents to transact any business of the Association on its behalf.
5.13 Employ, engage, pay and dismiss employees, agents and consultants.
5.14 Enter into any other contract the Association considers necessary or desirable to
assist in achieving its’ objects.
5.15 Receive and accept donations, sponsorship, endowments or gifts of any property
or assets whatsoever, and subject, or not subject to any special trusts or conditions.
5.16 Impose and collect levies, subscriptions, fees and other charges from affiliated
clubs and members as determined by the Association.
5.17 To appoint sub-committees as required.
5.18 To terminate the position of any Executive Committee member by resolution of a

majority of the Executive Committee present at a duly convened meeting. A person
expelled from the Executive Committee shall have the right to appeal.
5.19 To suspend, disqualify or otherwise deal with any affiliated body or member of the
Association which, or who, has committed a breach of these rules, which in the
opinion of the Association is unbecoming or contrary to the interests of Athletics.
Any such breach, which has implications beyond the immediate control of the
Association, must be reported to the WAAC.
5.20 Approve all club uniforms, constitutions and by-laws, and changes thereto; and
5.21 Reimburse any member of the club or committee for “out of pocket” expenses
incurred as part of the operation of core club business. Any reimbursement must
be approved at a committee meeting before the expense is incurred.
6. MEMBERSHIP
6.1 Membership shall be open to any person subscribing to the objects of the
Association.
6.2 The annual membership period shall run from July 1st through to June 30th of the
following year.
6.3 Each member of the Association shall be bound by the Constitution and By-Laws
of the Association.
6.4 Each member of the Association shall be bound by the Constitution, Rules,
Regulations and By-Laws of the WAAC.
6.5 The Association will provide for the following categories of membership:
6.5.1 Ordinary Membership:

Open to any person who registers as a member of the Association.
6.5.2 Junior Membership:

Open to any person nominated by the Association aged from 6 years and under 18
years of age.
6.5.3 Financial Membership:

Open to persons who actively support the Association, and have been nominated
and elected by the Association, and are registered and financial with the
Association.
6.5.4 Executive Committee Membership:

Open to Ordinary, Junior, Financial or Life Members elected to the Executive
Committee.
6.5.5 Life Membership:

This category may be bestowed upon those members or former members for
meritorious service to the Association.
Conferring of life membership will be in accordance with the Association’s Trophy
& Awards Policy.
6.5.6 Honorary Membership:

Open to persons for services rendered, or about to be rendered, to the Association
and who are nominated and elected by the Association for Honorary Membership
of the Association for a period of one membership year.
Honorary members shall be entitled to the benefits of membership except the right
to vote or to be nominated to the Executive Committee.
7. TERMINATION OF MEMBERSHIP
7.1 Membership of the Association may be terminated upon receipt by the Secretary
of a notice in writing from a member of his or her resignation from the Association.
Such person remains liable to pay to the Association the amount of any
subscription due and payable by that person to the Association but unpaid at the
date of termination.
7.2 The Executive Committee may suspend or expel a person from being or becoming
a member of the Association if, in the opinion of the Executive Committee, that
person has committed a breach of Association rules, the Association’s Constitution
or By-Laws or, has undertaken any other action that is unbecoming or contrary to
the interests of the Association and/or athletics.
7.3 Any person who has their membership terminated shall have the right to appeal
before a Special General Meeting called for that purpose. The decision of that
meeting shall be final.
8. DISPUTES AND MEDIATION
8.1 The grievance procedure set out in this rule applies to disputes under these rules
between:
a) a member and another member; or
b) a member and the Club; or
c) if the Club provides services to non-members, those non-members who

receive services from the Club, and the Club.
8.2 How a grievance procedure is started;
8.2.1 The parties to the dispute must meet and discuss the matter in dispute, and, if
possible, resolve the dispute within 14 days after the dispute comes to the attention
of all of the parties.
8.2.2 a) If the parties to a dispute are unable to resolve the dispute between
themselves within the time required, any party to the dispute may start the
grievance procedure by giving written notice to the secretary of —
i) the parties to the dispute; and
ii) the matters that are the subject of the dispute.
b) Within 28 days after the secretary is given the notice, a committee meeting
must be convened to consider and determine the dispute.
c) The secretary must give each party to the dispute written notice of the
committee meeting at which the dispute is to be considered and determined
at least 7 days before the meeting is held.
d) The notice given to each party to the dispute must state —
i) when and where the committee meeting is to be held; and
ii) that the party, or the party’s representative, may attend the meeting
and will be given a reasonable opportunity to make written or oral (or
both written and oral) submissions to the committee about the dispute
e) If –
i) the dispute is between one or more members and the Association; and
ii) any party to the dispute gives written notice to the secretary stating that
the party;
• does not agree to the dispute being determined by the
committee; and
• requests the appointment of a mediator under rule 8,
• the committee must not determine the dispute.
8.2.3 Determination of dispute by committee
a) At the committee meeting at which a dispute is to be considered and

determined, the committee must —
i) give each party to the dispute, or the party’s representative, a reasonable
opportunity to make written or oral (or both written and oral) submissions
to the committee about the dispute; and
ii) give due consideration to any submissions so made; and
iii) determine the dispute.
b) The committee must give each party to the dispute written notice of the
committee’s determination, and the reasons for the determination, within 7
days after the committee meeting at which the determination is made.
c) A party to the dispute may, within 14 days after receiving notice of the
committee’s determination under sub-rule 8.1(c), give written notice to the
secretary requesting the appointment of a mediator under rule 8.
d) If notice is given under sub-rule 8.3, each party to the dispute is a party to
the mediation.
e) At the committee meeting at which a dispute is to be considered and

determined, the committee must —
i) give each party to the dispute, or the party’s representative, a
reasonable opportunity to make written or oral (or both written and oral)
submissions to the committee about the dispute; and
ii) give due consideration to any submissions so made; and
iii) determine the dispute.
f) The committee must give each party to the dispute written notice of the
committee’s determination, and the reasons for the determination, within 7
days after the committee meeting at which the determination is made.
g) A party to the dispute may, within 14 days after receiving notice of the
committee’s determination under sub-rule 8.1(c), give written notice to the
secretary requesting the appointment of a mediator under rule 8.
h) If notice is given under sub-rule 8.3, each party to the dispute is a party to
the mediation.
8.3 If the parties are unable to resolve the dispute at the meeting, or if a party fails to
attend that meeting, then the parties must, within 10 days, hold a meeting in the
presence of a mediator.
8.4 The mediator must be:

a) a person chosen by agreement between the parties; or
b) in the absence of agreement;
i) in the case of a dispute between a member and another member, a

person appointed by the Committee of the Club;
ii) in the case of a dispute between a member or relevant non-member (as

defined by sub-rule 8.1(c) and the Club, a person who is a mediator
appointed by the WAAC.
8.5 A member of the Club can be a mediator.
8.6 The mediator cannot be a member who is a party to the dispute.
8.7 The parties to the dispute must, in good faith, attempt to settle the dispute by
mediation.
8.8 The mediator, in conducting the mediation, must:

a) give the parties to the mediation process every opportunity to be heard;
b) allow due consideration by all parties of any written statement submitted by

any party; and
c) ensure that natural justice is accorded to the parties to the dispute

throughout the mediation process.
8.9 The mediator must not determine the dispute.
8.10 The mediation must be confidential and without prejudice.
8.11 If the mediation process does not result in the dispute being resolved, the parties
may seek to resolve the dispute in accordance with the Act or otherwise at law.
9. SUSPENSION OR EXPULSION OF MEMBERSHIP
9.1 If the Committee considers that a member should be suspended or expelled from
membership of the Association because his or her conduct is detrimental to the
interests of the Association, or a breach of any rule or bylaw of the Association, the
Committee must communicate, either orally or in writing, to the member;
(a) notice of the proposed suspension or expulsion of the time, date and place
of the Committee meeting at which the question of that suspension or
expulsion will be decided; and
(b) particulars of that conduct, not less than 7 days before the date of the
Committee meeting referred to in paragraph (a).
9.2 At the Committee meeting referred to in a notice communicated under sub-rule (1),
the Committee may, having afforded the member concerned a reasonable
opportunity to be heard by, or to make representations in writing to, the Committee,
suspend or expel or decline to suspend or expel that member from membership of
the Association and must, forthwith after deciding whether or not to suspend or
expel that member, communicate that decision in writing to that member.
9.3 Subject to sub-rule (5), a member has his or her membership suspended or ceases
to be a member 14 days after the day on which the decision to suspend or expel a
member is communicated to him or her under sub-rule (2).
9.4 A member who is suspended or expelled under sub-rule (2) must, if he or she
wishes to appeal against that suspension or expulsion, give notice to the Secretary
of his or her intention to do so within the period of 14 days referred to in sub-rule
(3).
9.5 When notice is given under sub-rule (4);
(a) the Association in a general meeting, must either confirm or set aside the
decision of the Committee to suspend or expel the member, after having
afforded the member who gave that notice a reasonable opportunity to be
heard by, or to make representations in writing to, the Association in the
general meeting; and
(b) the member who gave that notice is not suspended or does not cease to be
a member unless and until the decision of the Committee to suspend or
expel him or her is confirmed under this sub-rule.
10. REGISTER OF MEMBERSHIP
10.1 A register of members of the Association and their postal, residential and/or email
addresses shall be kept by the Association Secretary and maintained in an up to
date condition at the Secretary’s place of residence, or at such other place as the
members at a general meeting decide.
10.2 The Secretary shall, upon the request of a member of the Association, make the
register available for the inspection of the member and the member may make a
copy of or take an extract from the register but shall have no right to remove the
register for that purpose.
10.3 The Secretary must cause the name of a person who dies or who ceases to be a
member to be deleted from the register of members.
10.4 The register shall not be made available for direct marketing purposes.
11. REGISTRATION FEES
11.1 An annual registration fee for membership shall be set by the Executive Committee,
prior to the commencement of each season.
11.2 The annual fee set shall consist of a portion for each of following:
1. WAAC Registration/Affiliation Fee.

2. Association Registration/Affiliation Fee.
3. Council Fees and charges.
4. Charge per Athlete for Maintaining the Association’s Results System.
12. MANAGEMENT OF THE ASSOCIATION
The day-to-day administration of the Association shall be entrusted to an Executive

Committee, all of whom must be members of the Association. The committee members
are the persons who, as the Management Committee of the Association, have the power
to manage the affairs of the Association. The committee must take all reasonable steps to
ensure that the Association complies with the Act, these rules and the by-laws (if any).
12.1 The Executive Committee shall consist of nine positions, these being:
President
Secretary
Treasurer
Registrar
Coaching & Development Officer
Records & Ranking Officer
Publicity Officer
Equipment & Grounds Officer
Events Officer
12.2 Each Executive Committee member shall be elected at the Association’s Annual
General Meeting for a term of one year.
12.3 Retiring Executive Committee members may renominate.
12.4 Election to the Executive Committee shall be open to any eligible member who has
been nominated and seconded by a member and upon acceptance by the said
member nominated
12.5 In the event of nominations for a position exceeding one, voting for those persons
nominated shall take place by way of simple majority. The person receiving the
most votes will be elected.
12.6 In the event that there are no nominations for a position, the Executive Committee
can appoint a person to fill the position, or nominate a member of the committee to
fulfil the responsibilities and duties of a position, until the next general meeting or
AGM.
12.7 All positions shall be declared vacant at the completion of the executive reports.
12.8 Nominations to fill vacant positions on the Executive committee as they occur will
be conducted at Association general meetings.
12.9 The maximum number of positions a person may hold on the Committee of
Management is 2.
12.10 Sub-committee may, from time to time, be established for a particular purpose. The
chairperson on any subcommittee shall always be a member of the Committee of
Management and operate under the following;
(a) the sub-committee has authority to co-op members onto the

committee;
(b) a sub-committee may consist of the number of people, whether or not
members, that the committee considers appropriate;
(c) subject to any directions given by the committee a sub-committee
may meet and conduct business as it considers appropriate and the
holder of a subsidiary office may carry out the functions given to the
holder as the holder considers appropriate; and
(d) as the sub-committee is set up for a particular purpose, once that
purpose has been achieved the subcommittee must be terminated.
12.11 Two signatories, not being from the same household or related in any way, shall
be required to sign all Club cheques. Signatories shall be decided at Management
Committee meetings.
12.12 Outgoing committee members must hand over all items belonging to the club, such
as but not limited to, club property, records, books, documents and papers, within
one month of the AGM.
13. CASUAL VACANCIES
13.1 A casual vacancy of the Executive Committee occurs if a committee member:

1. Dies.
2. Resigns by giving notice in writing to the Secretary.
3. Is convicted of an offence under the Incorporated Associations Act 1987.
4. Is permanently incapacitated by mental or physical ill health.
5. Ceases to be a member of the Association.
6. Is subject to a resolution passed by a general or special meeting of
members terminating their appointment as a committee member.
13.2 Executive Committee who failure to attend three consecutive meetings may result
in membership of the Executive Committee being terminated.
13.3 The Executive Committee can appoint a person to fill a vacant position, or nominate
a member of the committee to fulfil the responsibilities and duties of a position that
becomes vacant, until the next general meeting or AGM.
14. RESIGNATIONS
14.1 Members of the Executive Committee may tender a resignation at anytime which
must be in writing.
14.2 In the event that only one resignation occurs, the Executive Committee may
canvass and appoint an interested person at an Association meeting to fill the
vacant position until the next AGM.
14.3 In the event that more than one resignation occurs, nominations shall be called for
the vacant positions. If more nominations are received than vacant positions, a
Special General Meeting shall be conducted to consider the nominations and make
the appointments.
15. PROCEEDINGS OF EXECUTIVE COMMITTEE MEETINGS
15.1 The Committee must meet together for the dispatch of business not less than six
(6) times in each year and the President, or at least 50% of the members of the
Committee, may at any time convene a meeting of the Committee at a venue set
by the Executive Committee.
15.2 The method of conducting all Executive Committee meetings is outlined in the by-
laws.
15.3 Each Committee member has a deliberative vote.
15.4 A question arising at a Committee meeting must be decided by a majority of votes,

but, if there is no majority, the person presiding at the Committee meeting will have
a casting vote in addition to his or her deliberative vote.
15.5 At an Executive Committee meeting 50% of Committee members present
constitute a quorum.
15.6 Subject to these rules, the procedure and order of business to be followed at a
Committee meeting must be determined by the Committee members present at the
Committee meeting.
15.7 As required by the Act, a Committee member having any direct or indirect
pecuniary interest in a contract, or proposed contract, made by, or in the
contemplation of, the Committee (except if that pecuniary interest exists only by
virtue of the fact that the member of the Committee is a member of a class of
persons for whose benefit the Club is established), must:
(a) as soon as he or she becomes aware of that interest, disclose the

nature and extent of his or her interest to the Committee; and
(b) not take part in any deliberations or decision of the Committee with
respect to that contract
15.8 Sub-rule 15.7(a) does not apply with respect to a pecuniary interest that exists only
by virtue of the fact that the member of the Committee is an employee of the Club.
15.9 The Secretary must cause every disclosure made under sub-rule 15.7(a) by a
member of the Committee to be recorded in the minutes of the meeting of the
Committee at which it is made.
15.10 The presence of a committee member at a committee or general meeting need not
be by attendance in person but may be by that committee member and each other
committee member at the meeting being simultaneously in contact by telephone or
other means of instantaneous/digital/electronic communication.
15.11 A member who participates in a committee meeting as allowed under sub-rule
15.10 is taken to be present at the meeting and, if the member votes at the meeting,
the member is taken to have voted in person.
16. VOTING
16.1 Questions arising at a meeting of the Executive Committee shall be decided, in
open voting, by a simple majority of Executive Committee members present.
16.2 Executive Committee members that hold more than one position will only be
allowed to register one vote.
16.3 If the votes of Executive Committee members are equally divided the President or
person chairing the meeting shall exercise the deciding vote.
16.4 A member of the Executive committee can request a secret ballot, which has been
seconded by another member of the Executive committee, and accepted by the
majority.
17. QUORUM
17.1 A quorum for Executive Committee meetings, General and Special meetings, and
Annual General Meetings, shall consist of one (1) person more than 50% of the
Executive Committee members.
17.2 At a meeting of the Executive Committee, if a quorum is not present within half an
hour after the scheduled commencement time of the meeting, members may either:
(a) Adjourn the meeting to another date, not being later than fourteen days from
the date of the adjournment.
(b) Continue proceedings of the meeting. If the meeting proceeds, all decisions
undertaken by the Executive Committee will not be valid until ratified by a
meeting of the Executive Committee at which a quorum is present.
17.3 At a General or Special meeting or AGM, if a quorum is not present within half an
hour after the scheduled commencement time of the meeting members may:
(a) Adjourn the meeting to another date, not being later than fourteen days from
the date of the adjournment.
(b) If at the adjourned general meeting a quorum is not present, those members
present may proceed with the business of that general meeting as if a quorum
were present.
18. ANNUAL GENERAL MEETING

18.1 The Annual General Meeting (AGM) of the Association shall be held within four
months after the end of the Association’s financial year.
18.2 It is the responsibility of the outgoing Executive Committee to determine the time,
date and venue of the AGM.
18.3 Executive Committee Members, Life Members, Financial Members, Junior

Members, and Ordinary Members have voting rights at the AGM.
18.4 Ordinary resolutions arising at an annual general meeting shall be decided, in open
voting, by a simple majority of the members present and eligible to vote.
18.5 The purpose of the AGM is to:

1. Receive the President’s report on the activities and business of the
Association over the preceding 12 months,
2. Receive the Treasurer’s report and a Statement of Income and Expenditure
on the financial status of the Association over the preceding 12 months,
3. Elect a new Executive Committee,
4. Consider any proposed alterations to the Constitution, and
5. Transact any other business.
18.6 Twenty-One (21) days’ notice for an Annual General Meeting shall be given, by
way of Association newsletter, special notice, electronic correspondence, social
media and/or a public notice in the local newspaper, to all members, affiliated clubs,
and Executive Committee Members.
19. GENERAL & SPECIAL GENERAL MEETINGS
19.1 A General or Special General Meeting of the Association may be called at anytime
by the Executive Committee subject to members being given fourteen (14) day’s
notice.
19.2 A General or Special General Meeting of the Association may be called by a

minimum of ten (10) members subject to both the Executive Committee and
members being given fourteen (14) days’ notice which must state the purpose of
the meeting.
19.3 Notice of a General or Special General Meeting, and notice of motion, shall be
given by way of Association newsletter, or special notice, electronic databases,
social media, and/or by way of a notice placed on the Association clubroom notice
board.
19.4 Advice to all affiliated clubs of the pending General or Special General Meeting is
considered suitable advice to club members.
19.5 Executive Committee Members, Life Members, Financial Members, Junior

Members, and Ordinary Members have voting rights at General Meetings.
19.6 Ordinary resolutions arising at a general meeting shall be decided, in open voting,
by a simple majority of the members present and eligible to vote.
20. MINUTES OF MEETINGS
20.1 The Secretary must cause proper minutes of all proceedings of all general
meetings and Committee meetings to be taken and then to be entered within 30
days after the holding of each general meeting or Committee meeting, as the case
requires, in a Club Minute electronically stored folder (“book”), kept for that purpose
and backed up annually.
20.2 The Chairperson must ensure that the minutes taken of a general meeting or
Committee meeting under sub-rule (1) are checked and signed as correct by the
Chairperson of the general meeting or Committee meeting to which those minutes
relate or by the Chairperson of the next succeeding general meeting or Committee
meeting, as the case requires.
20.3 When minutes have been entered and signed as correct under this rule, they are,
until the contrary is proved, evidence that:
a) the general meeting or Committee meeting to which they relate (in this sub-
rule called "the meeting") was duly convened and held;
b) all proceedings recorded as having taken place at the meeting did in fact
take place at the meeting; and
c) all appointments or elections that have been declared at the meeting have
been validly made.
21. AMENDMENTS TO CONSTITUTION
21.1 Amendments to the Constitution may only be made by special resolution at an AGM
or a Special General Meeting called for the purposes of amending the constitution.
21.2 Amendments to the constitution require a 75% majority of the members present
and willing to exercise their right to vote.
21.3 Proxy votes will not be accepted.
21.4 Amendments to the constitution, which have been passed at a meeting, must be
lodged with the State Governing Department as stipulated within their current
timeframes and the amendment does not take effect until it has been lodged.
22. AMENDMENTS TO BY-LAWS
22.1 Amendments to the By-Laws may be made by an ordinary resolution at an Annual

General Meeting, or a Special General Meeting called for the purposes of
amending the by-laws.
22.2 Amendments to the by-laws require a simple majority of the members present and
willing to exercise their right to vote.
22.3 Proxy votes will not be accepted.
23. FINANCE
23.1 Statement showing the financial position of the ASSOCIATION shall be tabled at
each ordinary Board meeting.
23.2 The financial year of the Club shall be from the first day of July to the last day of
June of the following year inclusive.
23.3 Two signatories, not being from the same household, shall be required to sign all
Association cheques. Signatories shall be decided at Executive Committee
meetings.
23.4 All monies received by the Association shall be banked in the Association’s cheque
account.
23.5 Statement of Income and Expenditure on the Association’s financial status shall be
submitted to the Annual General Meeting.
23.6 Statement showing the financial position of the Association shall be tabled at each
ordinary Executive Committee meeting.
24. COMMON SEAL
24.1 The Association may execute a document without using a common seal if the
document is signed by
(a) 2 committee members; or
(b) One committee member and a person authorised by the committee.
24.2 The Secretary must make a written record of each use of the common seal.
25. RECORDS OF THE ASSOCIATION
25.1 The Association shall, upon request from members, make all documents and
records pertaining to the activities of the Association available for inspection, with
the exception of confidential staff, employee or client records.
25.2 A register of members of the Association and their postal, residential and/or email
addresses shall be kept by the Secretary and maintained in an up to date condition.
25.3 A record of financial information of the Association shall be maintained in an up to

date state by the Treasurer.
25.4 Administrative records, including a copy of the current constitution and a record of
current committee members will be maintained by the Secretary.
25.5 The Secretary and Treasurer shall have and share custody of all records, book,
documents and securities of the Association, unless the members resolve
otherwise at a general meeting.
26 DISSOLUTION
If upon the winding up or dissolution of the Association there remains, after the satisfaction
of costs, debts and liabilities, charges and expenses of the winding up, any unconditionally
or wholly owned property or asset of the Association, then that property shall not be paid
to or distributed among the members, but shall be given or transferred to:
26.1 To another incorporated Association having the objects similar to those of the
Association, or
26.2 For charitable purposes that shall be determined by resolution of the Association
members.

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Brac Constitution Final For Agm September 2017

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CONSTITUTION

ATHLETICS CLUB Inc.

3. TERMS USED …………………….…………………………………. 3-4

5. POWERS ……………………………………………………………... 5-6

7. TERMINATION OF MEMBERSHIP ……………………………….. 8

8. DISPUTES & MEDIATION 8-10

9. SUSPENSION OR EXPULSION OF MEMBERSHIP 11

10. REGISTER OF MEMBERSHIP …………………………………..... 11-12

11. REGISTRATION FEES ……………………………………………... 12

12. MANAGEMENT OF THE ASSOCIATION ………………………... 12-13

13. CASUAL VACANCIES ………………………………………………. 14

14. RESIGNATIONS …………………………………………………...... 14

15. PROCEEDINGS OF EXECUTIVE COMMITTEE MEETINGS …. 14-15

16. VOTING ………………………………………………………….....… 15

17. QUORUM ………………………………………………………...…... 16

18. ANNUAL GENERAL MEETING ………………………………..…... 16

19. GENERAL & SPECIAL GENERAL MEETINGS ……………...….. 17

20. MINUTES OF MEETINGS ………………………………………….. 17

21. AMENDMENTS TO CONSTITUTION …………………………….. 18

22. AMENDMENTS TO BY-LAWS ………………………………...…... 18

23. FINANCE …………………………………………………………...... 18

24. COMMON SEAL ………………….………………………………..... 19

25. RECORDS OF INCORPORATION …………………………...…… 19

26. DISSOLUTION …………………………..………………………..…. 19

Act means the Associations Incorporation Act 2015;

Association: means the incorporated association to which these rules apply;

Books: of the Association, includes the following —

By laws: means by-laws made by the Association under rule 64;

Committee or Executive Committee: means the management committee of the

Committee meeting: means a meeting of the committee

Committee member: means a member of the committee;

Financial statements: means the financial statements in relation to the Association

Member: means a person (including a body corporate) who is an ordinary member or an

Special resolution: means a resolution passed by the members at a general meeting in

Subcommittee: means a subcommittee appointed by the committee under rule 12.10;

The major objects of the Association are to:

4.4 Encourage greater community involvement in athletics as a means of furthering the

The major powers of the Association are to:

5.3 Encourage, aid and facilitate the formation of affiliated clubs.

5.4 Select teams of registered athletes to represent the Association in approved

5.8 Open and operate bank accounts.

5.17 To appoint sub-committees as required.

5.18 To terminate the position of any Executive Committee member by resolution of a

6.5.1 Ordinary Membership:

6.5.2 Junior Membership:

6.5.3 Financial Membership:

6.5.4 Executive Committee Membership:

6.5.5 Life Membership:

6.5.6 Honorary Membership:

8. DISPUTES AND MEDIATION

b) a member and the Club; or

c) if the Club provides services to non-members, those non-members who

8.2 How a grievance procedure is started;

i) the parties to the dispute; and

ii) the matters that are the subject of the dispute.

i) when and where the committee meeting is to be held; and

8.2.3 Determination of dispute by committee

a) At the committee meeting at which a dispute is to be considered and

ii) give due consideration to any submissions so made; and

iii) determine the dispute.

e) At the committee meeting at which a dispute is to be considered and

ii) give due consideration to any submissions so made; and

iii) determine the dispute.