SMCA Constitution

GENERAL

A. Name of Association

The name of the Association is: South Metropolitan Cricket Association (Inc).

B. Objects of the Association

The objects of the Association are:

(a) The primary object of the Association is to encourage the sport of cricket in the south metropolitan area;

(b) The secondary objects of the Association are:

(i) to arrange, control and manage fixtures for cricket matches between member clubs;

(ii) to settle all matters arising from cricket fixtures arranged, controlled or managed by the Association;

(iii) to regulate the conduct of member clubs and the players of member clubs;

(iv) to select, control and manage teams for cricket fixtures with representative teams from other cricket associations;

(v) to affiliate with, establish or support or aid in the establishment or support of, any association, society, fund or movement which is calculated to benefit or promote the game of cricket;

(vi) to promote, organize and conduct entertainment, functions and other activities to raise funds for furthering the primary object of the Association;

(vii) to invest the monies of the Association not immediately required for any of its objects upon such securities and in such manner as may from time to time be determined;

(viii) to borrow or raise money or secure the payment of money in such manner and on such terms as the Association shall think fit and in particular to execute mortgages, bills of sale, charges or other securities or charges upon all or any of the Association’s property (present and future or either) and to purchase, redeem, pay off or agree to a variation of all or any such securities or charges;

(ix) to purchase, take on lease or in exchange, hire or otherwise acquire or deal with for such consideration as may be though fit any property or assets, real or personal or any rights or privileges which may be considered of benefit to the Association;

(x) to do all such other acts, matters and things as are incidental or conducive to the attainment of all or any of the primary or secondary objects of the Association.

(xi) The property and income of the Association shall be applied primarily towards the promotion of the primary object of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members except in good faith in the promotion of the primary or secondary objects of the Association.

C. QUORUM - GENERAL MEETINGS

Any half (50%) of the member clubs personally present (being members entitled to vote under these rules at a general meeting) will constitute a quorum for the conduct of business at a general meeting.

D. QUORUM - EXECUTIVE MEETINGS

Any half (50%) of all the committee members will constitute a quorum for the conduct of the business of a committee meeting.

E. FINANCIAL YEAR

The association’s financial year will be the period of 12 months commencing on 1 May and ending on 30 April of each year.

Part 1 – PRELIMINARY

Clause 1 - TERMS USED

In these rules, unless the contrary intention appears:

Act means the Associations Incorporation Act 2015;

Annual General Meeting is the meeting convened under rule 50 of the constitution;

Association Council means the body of member Presidents or delegates and the SMCA Executive Members;”

By-laws means any additional rules passed under rule 64 through to and including 64 (2) of the constitution;

Club Affiliation Fee means the annual fee determined by the Association for the membership of a club pursuant to rule 12 to  12(2) of the constitution;

Chairperson means the person presiding at a meeting of the Association;

Convene means to call together for a formal meeting;

Department means the government department with responsibility for administering the Act;

Executive meeting means a meeting referred to in rule 41 through to 41(3) of the constitution;

Executive member means a person referred to in rules 27 through to 27(3)(h) of the constitution; “financial year” means a period not exceeding 15 months fixed by the Executive, being a period commencing on the date of incorporation of the Association and ending on 30 April, and thereafter each period commencing 1 May and ending on 30 April in the following year;

Fixtures and Gradings Sub-Committee means the sub-committee appointed under rule 48  of the constitution;

General meeting means a meeting to which all members are invited;

Life member means a natural person admitted as a life member of the Association under rules 8 through to 8(2) of the constitution;

Life Membership Sub-Committee means the sub-committee appointed under rule 48 of the constitution;

Member includes a member or member club of the Association, and where the context requires means the appointed delegate of a member club;

Member club means a club which is a member of the Association;

Metropolitan area has the same meaning as in the Planning and Development Act 2005;

Ordinary resolution means a resolution other than a special resolution;

Permits Sub-Committee means the sub-committee appointed under rule 48 of the constitution;

Poll means voting conducted in written form (as opposed to a show of hands);

Special general meeting means a general meeting other than the Annual General Meeting;

Special resolution has the meaning given by Section 24 of the Act, that is:

(a) a resolution is a special resolution if it is passed by a majority of not less than three-fourths of the members of the Association which are entitled under the rules of the Association to vote and vote in person or, where proxies or postal votes are allowed by the rules of the Association by proxy or postal vote, at a general meeting of which notice specifying the intention to propose the resolution as a special resolution was given in accordance with those rules;

(b) at a meeting at which a resolution proposed as a special resolution is submitted, a declaration by the person presiding that the resolution has been passed as a special resolution shall be evidence of the fact unless, during the meeting at which the resolution is submitted, a poll is demanded in accordance with the rules of the Association or, if the rules do not make provision as to the manner in which a poll may be demanded, by at least 3 members of the Association present in person or, where proxies are allowed, by proxy; and

(c) if a poll is held, a declaration by the person presiding as to the result of a poll is evidence of the matter so declared;

South metropolitan area means the metropolitan area south of the Swan River in Western Australia;

Team Affiliation Fee means the annual fee determined by the Association for registration of each team of a member club pursuant to rule 12 to 12(2);

The Act means the Associations Incorporation Act 2015 (WA);

The Appeals Tribunal means the tribunal hearing appeals from the P & D referred to in rule 48 of the constitution;

The Association means the association referred to in rule 1;

The Commissioner means the Commissioner for Consumer Protectionexercising powers under the Act;

The Administrator means the person referred to in rule 27;

The Executive means the Executive of the Association referred to in rule 27 through to 27(4);

The Junior Vice-President means the person referred to in rule 27(3) ;

The P & D means the protests and disputes tribunal referred to in rule 48;

The President means the person referred to in rule 27;

The Secretary means the person referred to in rule 27

The Senior Vice-President means the person referred to in rule 27;

The Treasurer means the person referred to in rule 27; and

The Umpire’s Advisor means the person referred to in rule 27.

Clause 2 - FINANCIAL YEAR

(1)  “financial year” means a period not exceeding 15 months fixed by the Executive, being a period commencing on the date of incorporation of the Association and ending on 30 April, and thereafter each period commencing 1 May and ending on 30 April in the following year;

(2)  Each subsequent financial year of the Association is the period of 12 months commencing at the termination of the first financial year or the anniversary of that termination.



Part 2 - ASSOCIATION TO BE NOT FOR PROFIT BODY

Clause 3 - NOT FOR PROFIT BODY

(1) Name The name of the Association is South Metropolitan Cricket Association (Incorporated).

(2) Association colours and emblem

(a) The Association colours shall be royal blue, light blue and gold.

(b) The emblem of the Association shall be as follows:

(3) Powers

The powers of the Association are the same as those conferred by Section 13 of the Act, so that subject to the Act and any additions, exclusions or modifications inserted below, the Association may do all things necessary or convenient for carrying out its objects and purposes, and in particular, may:

(a) suspend, expel or terminate the membership of any member or member club of the Association;

(b) acquire, hold, deal with, and dispose of any real or personal property;

(c) open and operate bank accounts;

(d) invest its money:

(i) in any security in which trust monies may lawfully be invested; or

(ii) in any other manner authorised by the rules of the Association;

(e) borrow money upon such terms and conditions as the Association thinks fit;

(f) give such security for the discharge of liabilities incurred by the Association as the Association thinks fit;

(g) appoint agents to transact any business of the Association on its behalf;

(h) enter into any other contract it considers necessary or desirable; and

(i) act as trustee and accept and hold real and personal property upon trust, but does not have power to do any act or thing as a trustee that, if done otherwise than as a trustee, would contravene this Act or the rules of the Association.

Part 3 - MEMBERS

Division 1- Membership

Clause 4 - ELIGIBILITY FOR MEMBERSHIP

Any body corporate may become a member club, provided that:

(1) its principal object is the encouragement of the sport of cricket.

Clause 5 - APPLYING FOR MEMBERSHIP

(1) A body that wishes to become a member club must apply for membership to the Executive in writing, in such form as the Executive from time to time requires.

(2) Change of name

Any member club which changes its name shall give notice of the change in writing to the Administrator prior to the next Annual General Meeting of the Association.

(3) Umpires

Applications to become umpires must be made in the prescribed manner.

Clause 6 - DEALING WITH MEMBERSHIP CATEGORIES

(1) The Executive must consider each application made under 5(1) at an Executive meeting and must at that Executive meeting or the next Executive meeting either accept or reject the application.

(2) Any body that is currently a member club, but does not satisfy the requirements of rule 4(1) may continue to be a member club until its membership ceases under these rules.

Clause 7 - BECOMING A MEMBER

(1) A new member club must nominate its club colours immediately after acceptance of its application for membership, and prior to the first playing date of the first round of fixtures of the next Association cricket season, as determined by the Fixtures and Gradings Sub-Committee.

(2) The Executive in its absolute discretion may refuse to accept the club colours nominated by a new member club.

Clause 8 - CLASSES OF MEMBERSHIP

(1) The Association consists of ordinary members and any associate members provided for under subrule (2).

(2) The Association may have any class of associate membership approved by resolution at a general meeting, including honorary membership and life membership.

(a) A natural person may become a life member of the Association under rule 8(2)(c)(i) through to rule 8(2)(c)(xiii).

(b) Life Membership may be awarded for significant contributions and exemplary service for the advancement of cricket to the South Metropolitan Cricket Association.

(c) The criteria for consideration are as follows:

(i)  Playing and representing the Association in inter-Association matches.

(ii). Coaching/Managing Association teams.

(iii). Administration of the Association

(iv) Umpiring within the Association and representative level

(v). General contribution – including fund raising, supporting and any other criteria that a Committee may see as relevant that directly supports the Association.

(vi) The nominee must have demonstrated outstanding contribution in at least one of these criterions or a combination of the criterions.

(vii) Nominations for Life Membership must be forwarded in writing to the Association Secretary by the 31st of December each year. Nominations will then be considered by the Life Membership Sub Committee (Rule 34).

(1) Any member of the Association may nominate a person for Life Membership of the Association.

(2) Nominations should include the reasons for nominating the person for Life Membership as per the criterion given in Rule 8(2).

(viii) In determining the level of significance, the Associations Life Membership Sub-Committee should consider this in light of very high quality service for the advancement of cricket. While a considerable length of time of service is important, the overall criterion is the quality of service.

(ix). The Association’s Life Membership Sub-Committee shall consider any nominations received at the end of the cricket season and recommend any nominations deemed suitable to Association Executive.

(1) The Association Executive will consider any nominations received from the Life Membership Sub-Committee.

(2) A nominated person(s) may not be present during the consideration on their recommendation for Life Membership

(x) A Life Member may attend any meeting of the Association. They may speak upon any motion but shall not have a vote, unless acting as a delegate of an Associated Club or Affiliated Body.

(xi) A maximum of one new Life Member per year will be appointed unless exceptional or special circumstances exist.

(xii) A new Life Member of the Association will be presented a Life Member’s badge at the Association’s Annual Presentation Night.

(xiii) Life Membership may be retracted where the recipients have conducted themselves or behaved in a manner that reflects directly and adversely on the image or activities of the Association. This provision will only be excised in exceptional circumstances and will require complete consensus of the Association Executive.

Clause 9 - WHEN MEMBERSHIP CEASES

(1) The Administrator must cause the name of a body which ceases to be a member club under rule 37 through to rule 37 (e) be deleted from the register of members referred to in rule 13

(2). The secretary must keep a record, for at least one year after a person ceases to be a member, of —

(a) the date on which the person ceased to be a member; and

(b) the reason why the person ceased to be a member.

Clause 10 - RESIGNATION

(1) A member club may resign from membership of the Association by giving written notice of the resignation to the secretary.

(2) The resignation takes effect —

(a) when the secretary receives the notice; or

(b) if a later time is stated in the notice, at that later time.

(3) A member club who has resigned from membership of the Association remains liable for any fees that are owed to the Association (the owed amount) at the time of resignation.

(4) The owed amount may be recovered by the Association in a court of competent jurisdiction as a debt due to the Association.

Clause 11 - RIGHTS NOT TRANSFERABLE

The rights of a member club are not transferable and end when membership ceases.

Division 2 - Membership Fees

Clause 12 - MEMBERSHIP (AFFILIATION) FEES

(1) The Association shall, at the Annual General Meeting of the Association each year, determine the Club Affiliation Fee and Team Affiliation Fee payable by each member club for the cricket season following the relevant Annual General Meeting.

(a) Each member club must pay the Club Affiliation Fee to the Treasurer, annually and prior to the first playing date of the first round of playing fixtures of the Association cricket season, as determined by the Fixtures and Gradings Sub-Committee.

(b)Each member club must pay the Team Affiliation Fee to the Treasurer, annually and prior to the first day of November in each year.

(2) Except where provided to the contrary in these rules, bylaws or the relevant tax invoices, all monies owing by a member club to the Association shall be deemed due and payable no later than 35 days from service of an invoice on the member club.

Division 3 - Register of Members

Clause 13 - REGISTER OF MEMBER CLUBS

(1)The Administrator, on behalf of the Association, must comply with Section 27 of the Act by keeping and maintaining in an up to date condition a register of member clubs on the Association Website.

(2)The register must be kept and maintained at the Association website or other platforms as required.

Part 4 - DISCIPLINARY ACTION, DISPUTES AND MEDIATION

Division 1 - Terms Used

Clause 14 - TERMS USED MEMBER

In this Part —

Member club, in relation to a member club who is expelled from the Association, includes former member club.

Division 2 - Disciplinary Action

Clause 15 - SUSPENSION OR EXPLUSION

If a member club:

(1) fails to pay monies due to the association by the due date and/or does not attend at 3 consecutive general meetings and/or otherwise contravenes rules.

(2) The Executive may in absolute discretion, suspend or expel that member club. This rule does not remove member club’s obligation to pay outstanding monies.

Clause 16 - CONSEQUENCES OF SUSPENSION

(1) Where a member club has been suspended, that club will: Continue its suspension until outstanding monies are paid or until such time as the Executive considers the breach remedied, Not be permitted to participate in match’s fixture by the Association; Have no voting rights at anyAssociation meeting; Be able to appeal to the Protests, Disputes and Appeals Board against the Association’s decision to suspend the club.

(2) Where a member club has been expelled, that club may:

(a) Have its membership terminated,

(b) Have its readmission considered under Rule 4(1) Appeal to the Protests, Disputes and Appeals Board against the Association’s decision to suspend the club.

Division 3 – Resolving Disputes

Clause 17 - TERMS USED

In this Division —

grievance proceduremeans the procedures set out in this Division;

party to a dispute includes a club –

(a) who is a party to the dispute; and

(b) who ceases to be a member club within 6 months before the dispute has come to the attention of each party to the dispute.

Clause 18 - APPLICATION OF DIVISION

The procedure set out in this Division (the grievance procedure) applies to disputes —

(a) between member clubs; or

(b) between one or more member clubs and the Association.

Clause 19 - PARTIES TO ATTEMPT TO RESOLVE DISPUTE

The parties to a dispute must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party.

Clause 20 - HOW GRIEVANCE PROCEDURE IS STARTED

(1) If the parties to a dispute are unable to resolve the dispute between themselves within the time required by rule 19, any party to the dispute may start the grievance procedure by giving written notice to the secretary of —

(a) the parties to the dispute; and

(b) the matters that are the subject of the dispute.

(2) Within 28 days after the secretary is given the notice, a committee meeting must be convened to consider and determine the dispute.

(3) 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.

(4) The notice given to each party to the dispute must state —

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

(b) 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.

(5) If —

(a) The dispute is between one or more members and the Association; and

(b) any party to the dispute gives written notice to the secretary stating that the party —

(i) does not agree to the dispute being determined by the committee; and

(ii) requests the appointment of a mediator under rule 23,

the committee must not determine the dispute.

Clause 21 - DETERMINATION OF DISPUTE BY COMMITTEE

(1) At the committee meeting at which a dispute is to be considered and determined, the committee must —

(a) 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

(b) give due consideration to any submissions so made; and

(c) determine the dispute.

(2) 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.

(3) A party to the dispute may, within 14 days after receiving notice of the committee’s determination under subrule (1)(c), give written notice to the secretary requesting the appointment of a mediator under rule 23.

If notice is given under subrule (3), each party to the dispute is a party to the mediation

Division 4 – Mediation

Clause 22 - APPLICATION OF DIVISION

(1) This Division applies if written notice has been given to the secretary requesting the appointment of a mediator —

(a) by a member under rule 15(7); or

(b) by a party to a dispute under rule 20(5)(b)(ii) or 21(3).

(2) If this Division applies, a mediator must be chosen or appointed under rule 23.

Clause 23 - APPOINTMENT OF MEDIATOR

(1) The mediator must be a person chosen —

(a) if the appointment of a mediator was requested by a member under rule 15 — by agreement between the Member and the committee; or

(b) if the appointment of a mediator was requested by a party to a dispute under rule 20(5)(b)(ii) or 21(3) — by agreement between the parties to the dispute.

(2) If there is no agreement for the purposes of subrule (1)(a) or (b), then, subject to subrules (3) and (4), the committee must appoint the mediator.

(3) The person appointed as mediator by the committee must be a person who acts as a mediator for another not-for-profit body, such as a community legal centre, if the appointment of a mediator was requested by —

(a) a member under rule 15(7); or

(b) a party to a dispute under rule 20(5)(b)(ii); or

(c) a party to a dispute under rule 21(3) and the dispute is between one or more members and the Association.

(4) The person appointed as mediator by the committee may be a member or former member of the Association but must not —

(a) have a personal interest in the matter that is the subject of the mediation; or

(b) be biased in favour of or against any party to the mediation.

Clause 24 - MEDIATION PROCESS

(1) The parties to the mediation must attempt in good faith to settle the matter that is the subject of the mediation.

(2) Each party to the mediation must give the mediator a written statement of the issues that need to be considered at the mediation at least 5 days before the mediation takes place.

(3) In conducting the mediation, the mediator must —

(a) give each party to the mediation every opportunity to be heard; and

(b) allow each party to the mediation to give due consideration to any written statement given by another party; and

(c) ensure that natural justice is given to the parties to the mediation throughout the mediation process.

(4)The mediator cannot determine the matter that is the subject of the mediation.

(5) The mediation must be confidential, and any information given at the mediation cannot be used in any other proceedings that take place in relation to the matter that is the subject of the mediation.

(6) The costs of the mediation are to be paid by the party or parties to the mediation that requested the appointment of the mediator.

Clause 25 - IF MEDIATION PROCESS RESULTS IN DECISION TO SUSPEND OR EXPEL BEING REVOKED

If —

(a) mediation takes place because a member whose membership is suspended or who is expelled from the Association gives notice under rule 15(7); and

(b) as the result of the mediation, the decision to suspend the member’s membership or expel the member is revoked,

that revocation does not affect the validity of any decision made at a committee meeting or general meeting during the period of suspension or expulsion.

Part 5 - COMMITTEE

Division 1 – Powers of the Committee

Clause 26 - COMMITTEE

(1) The committee members are the persons who, as the management committee of the Association, have the power to manage the affairs of the Association.

(2) Subject to the Act, these rules, the by-laws (if any) and any resolution passed at a general meeting, the committee has power to do all things necessary or convenient to be done for the proper management of the affairs of the Association.

(3) The committee must take all reasonable steps to ensure that the Association complies with the Act, these rules and the by-laws (if any).

 

Division 2 – Composition of Committee and duties of members

Clause 27 - COMMITTEE MEMBERS

(1) The committee members consist of —

(a) the office holders of the Association; and

(b) at least one ordinary committee member.

(2) The committee must determine the maximum number of members who may be ordinary committee members.

(3) The affairs of the Association shall be managed by an Executive Committee which shall be comprised of:

(a) a President;

(b) a Senior Vice-President ;

(c)a Junior Vice-President;

(d) an Administrator;

(e) a Treasurer;

(f) an Umpire’s Advisor

(g) a Secretary; and

(h) not less than 2 and not more than 6 other persons.

(4) The Executive may exercise all the powers of the Association to carry into effect all the objects of the Association, provided that such powers are not by these rules or by the Act required to be exercised by the Association Council or Association members in general meeting.

Clause 28 - PRESIDENT

The President has the following duties:

(1) Subject to this rule, the President shall preside at all general meetings and Executive meetings.

(2) In the event of the absence from a general meeting of:

(a) the President, the Senior Vice-President;

(b) the President; and the Senior Vice-President;, the Junior Vice-President; or

(c) the President, the Senior Vice-President and the Junior Vice-President, a member elected by the other members present at the general meeting, must preside at the general meeting or Association Council meeting.

(3) In the event of the absence from an Executive Committee meeting of:

(a) the President, the Senior Vice-President ;

(b) the President; and the Senior Vice-President, the Junior Vice-President; or

(c) the President, the Senior Vice-President; and the Junior Vice-President, an Executive member elected by the other Executivemembers present at the Executive meeting, must preside at the Executive meeting.

(4) The President; shall not act as a delegate of any member club, but in the case of an equality of votes at any meeting of the Association may exercise a casting vote in addition, such casting vote to be in addition to the President’s;deliberative vote in respect of an Executive meeting.

(5) The President;may convene Executive meetings.

(6) If the President;is unable to perform or exercise any of his or her powers, duties or functions under these rules:

(a) the Senior Vice-President; or

(b) in the Senior Vice-President’s absence, the Junior Vice-President, shall perform or exercise all of those powers, duties or functions pro tem

Clause 28A - SENIOR VICE-PRESIDENT AND JUNIOR VICE-PRESIDENT

The Senior Vice-President and Junior Vice-President have the following duties:

(1) The Senior Vice-President and the Junior Vice-President shall assist the President in the execution of his or her duties and the maintenance of order at all meetings of the Association.

(2) When presiding as Chairperson of any meeting of the Association, the Senior Vice-President or Junior Vice-President (as the case may be) may in the case of equality of votes, exercise a casting vote in addition to any deliberative vote he or she may have.

Clause 29 - SECRETARY

The Secretary has the following duties:

(1) co-ordinate the correspondence of the Association;

(2) keep full and correct minutes of the proceedings of the Executive, the Association Council and the Association, and cause those minutes to be distributed to each Executive member and the secretaries of each member club within seven (7) days of the relevant meeting;

Clause 29A - ADMINISTRATOR

The Administrator has the following duties:

(1) comply on behalf of the Association with:

(a) Section 27 of the Act with respect to the register of members of the Association, as referred to in rule 13;

(b) Section 28 of the Act by keeping and maintaining in an up to date condition the rules of the Association and, upon the request of a member, must make available those rules for the inspection of the member and the member may make a copy of or take an extract from the rules but will have no right to remove the rules for that purpose; and

(c)Section 29 of the Act by maintaining a record of:

(i) the names and residential or postal address of the persons who hold the offices of the Association provided for by these rules, including all offices held by the persons who constitute the Executive and persons whoareauthorisedtousethecommon seal of the Association under rule 65; and

(ii) the names and residential or postal addresses of any persons who are appointed or act astrustees on behalf of the Association, and the Administrator must, upon the request of a member of the Association, make available the record for the inspection of the member and the member may make a copy of or take an extract from the record but will have no right to remove the record for that purpose;

(d) unless the members resolve otherwise at a general meeting, have custody of all books, documents, records and registers of the Association, including those referred to in rule 30 but other than those required by rule 30 to be kept and maintained by, or in the custody of, the Treasurer,

(2) ensure that all players are properly registered with the Association before playing in any fixture organised by the Association;

(3) verify all clearances from both within and outside the Association;

(4) be responsible for receiving and checking match reports from all Association fixtures and for the compilation of premiership points and tables;

(5) be responsible for maintaining player records;

(6) be responsible for receiving averages and advising member clubs of trophy and award winners;

(7) advise member clubs, in writing, of any fines accrued due to players being unqualified or unregistered, or any other fines relating to match reports;

(8) have custody of all Association documents and records relating to player registration, statistics and fixtures; (9) ensure match results are published; and

(9) ensure match results are published; and

(10) perform such other duties as are imposed by these rules on the Administrator.

Clause 29B - UMPIRES ADVISOR

The Umpires Advisor has the following duties:

(1) consider all applications for appointment as an Association umpire;

(2) be responsible for recruitment, training and development in connection with Association cricket umpiring;

(3) appoint umpires to as many Association fixtures as possible, as well as to any other matches as the Executive may require;

(4) be sole selector of umpires for Association finals fixtures;

(5) be reasonably available to member clubs to discuss Association umpiring;

(6) observe the performance of Association umpires;

(7) officiate, and receive payment for officiating, when necessary; and

(8) perform other such duties as may be required under these rules.

Clause 29C - MATCH DAY REFEREE

The Match Referee has the following duties

(1) The Match Day Referee is to be contacted, by phone, on match days only, to resolve disputes arising where there are no official Association Umpire/s appointed and where the two captains cannot agree to make a decision and also to receive reports from unofficially appointed umpires only.

(2) If the person making a report is not an officially appointed umpire, the details of the report must be conveyed, by phone, to the Match Day Referee at the completion of the days play. Ref. By-laws 19/i, 19/v, 20/ii, 20/v, 25/c, 63/c.

(3) The decision of the Match Day Referee on all disputes shall be final.

Clause 30 - TREASURER

(1) be responsible for the receipt of all monies paid to or received by, or by him or her on behalf of, the Association and must issue receipts for those monies in the name of the Association;

(2) pay all monies referred to in rule 30 (1) into such account or accounts of the Association as the Executive may from time to time direct;

(3) make payments from the funds of the Association with the authority of a general meeting or of the Executive and in so doing ensure that all cheques are signed by himself or herself and at least one other authorised Executive member, or by any two others as are authorised by the Executive;

(4) comply on behalf of the Association with Sections 25 and 26 of the Act with respect to the accounting records of the Association by:

(a) keeping such accounting records as correctly record and explain the financial transactions and financial position of the Association;

(b) keeping its accounting records in such a manner as will enable true and fair accounts of the Association to be prepared from time to time;

(c) keeping its accounting records in such manner as will enable true and fair accounts of the Association to be conveniently and properly audited; and

(d) submitting to members at each Annual General Meeting of the Association accounts of the Association showing the financial position of the Association at the end of the immediately preceding financial year.

(5) whenever directed to do so by the President, submit to the Executive a report, balance sheet or financial statement in accordance with that direction;

(6) unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Association, including those referred to in rules 30 (4) and 30 (5) ; and

(7) cause the accounts of the Association to be audited by the auditor appointed under rule 21.6.4 for each financial year and present the Auditor’s statement at each Annual General Meeting

(8) perform such other duties as are imposed by these rules on the Treasurer.

Division 3 – Election of Committee Members and Tenure of Office

Clause 31 - HOW MEMBERS BECOME COMMITTEE MEMBERS

A member becomes a committee member if the member —

(a) Executive members, other than those referred to in rule 40 must be elected to the Executive at an Annual General Meeting or appointed under rule 38 (1)

(b) is appointed to the committee by the committee to fill a casual vacancy under rule 38.

Clause 32 - NOMINATIONS OF COMMITTEE MEMBERS

(1) A person who is eligible for election or re-election under this rule may:

(a) propose or second himself or herself for election or re-election; and

(b) vote for himself or herself.

Clause 33 - ELECTION OF OFFICE BEARERS

(1) If the number of persons nominated for election to a position the Executive does not exceed the number of vacancies for that position to be filled:

(a) the Administrator must report accordingly to; and

(b) the person presiding must declare those persons to be duly elected to the relevant Executive position at, the Annual General Meeting concerned.

(2) At the annual general meeting, a separate election must be held for each position of office holder of the Association.

(3) If there is no nomination for a position, the chairperson of the meeting may call for nominations from the ordinary members at the meeting.

(4) If only one member has nominated for a position, the chairperson of the meeting must declare the Member elected to the position.

(5) If more than one member has nominated for a position, the ordinary members at the meeting must vote in accordance with procedures that have been determined by the committee to decide who is to be elected to the position.

(6) Each ordinary member present at the meeting may vote for one member who has nominated for the position.

(7) A member who has nominated for the position may vote for himself or herself.

(8) On the member’s election, the new chairperson of the Association may take over as the chairperson of the meeting.

Clause 34 - ELECTION OF ORDINARY COMMITTEE MEMBERS

(1) If vacancies remain on the Executive after a declaration under rule 31, additional nominations to the Executive may be accepted from the floor of the Annual General Meeting. If the nominations from the floor in respect of a position of the Executive do not exceed the number of vacancies to be filled for that position, the person presiding must declare those persons to be duly elected as Executive members. Where the number of nominations from the floor exceeds the remaining number of vacancies in respect of an Executive position, an election for that position must be conducted.

(2) At the annual general meeting, the Association must decide by resolution the number of ordinary committee members (if any) to hold office for the next year.

(3) If the number of members nominating for the position of ordinary committee member is not greater than the number to be elected, the chairperson of the meeting —

(a) must declare each of those members to be elected to the position; and

(b) may call for further nominations from the ordinary members at the meeting to fill any positions remaining unfilled after the elections under paragraph (a).

(4) If —

(a) the number of members nominating for the position of ordinary committee member is greater than the number to be elected; or

(b) the number of members nominating under subrule (2)(b) is greater than the number of positions remaining unfilled,

the ordinary members at the meeting must vote in accordance with procedures that have been determined by the committee to decide the members who are to be elected to the position of ordinary committee member.

(5) A member who has nominated for the position of ordinary committee member may vote in accordance with that nomination.

Clause 35 - TERM OF OFFICE

(1) Subject to rules 36(3(b) and 57 an Executive member’s term will be from his or her election at an Annual General Meeting until the election referred to in rule 31(a) at the next Annual General Meeting after his or her election, but he or she is eligible for re-election to the Executive.

(2) Subject to rule 37, a committee member holds office until the positions on the committee are declared vacant at the next annual general meeting.

(3) A committee member may be re-elected.

Clause 36 - RESIGNATION AND REMOVAL FROM OFFICE

(1) A committee member may resign from the committee by written notice given to the secretary or, if the resigning member is the secretary, given to the chairperson.

(2) The resignation takes effect —

(a) when the notice is received by the secretary or chairperson; or

(b) if a later time is stated in the notice, at the later time.

(3) At a general meeting, the Association may by resolution —

(a) remove a committee member from office; and

(b) elect a member who is eligible under rule 27(4) to fill the vacant position.

(4) A committee member who is the subject of a proposed resolution under subrule (3)(a) may make written representations (of a reasonable length) to the secretary or chairperson and may ask that the representations be provided to the members.

(5) The secretary or chairperson may give a copy of the representations to each member or, if they are not so given, the committee member may require them to be read out at the general meeting at which the resolution is to be considered.

Clause 38 - FILLING CASUAL VACANCIES

Clause 37 - WHEN MEMBERSHIP OF COMMITTEE CEASES

A person ceases to be a committee member if the person —

(a) dies or otherwise ceases to be a member: or ;

(b) resigns  from the committee or is removed from office under rule 36; or ;

(c) becomes ineligible to accept an appointmnet or act as a committee member under section 39 of the Act;

(d) becomes permantley unable to act as a committee member beacause of a menatl or physical disability; or

(e) fails to attend 3 consectutive Committee meetings, of which the person has been given notice, without having notified the Committee that the person will be unable to attend.

(1) If a vacancy remains on the Executive after the application of rule 31(a) or when a casual vacancy within the meaning of rule 37 occurs on the Executive:

(a) the Executive may appoint a person to fill that vacancy; and

(b) a member appointed under this rule shall:

(i) hold office until the election referred to in rule 27(4); and

(ii) be eligible for election to the Executive, to the next following Annual General Meeting.

(2) The committee may appoint a member who is eligible under rule 27(4) to fill a position on the committee that —

(a) has become vacant under rule 37; or

(b) was not filled by election at the most recent annual general meeting or under rule 36(3)(b).

(3) If the position of secretary becomes vacant, the committee must appoint a member who is eligible under rule 27(4) to fill the position within 14 days after the vacancy arises.

(4) Subject to the requirement for a quorum under rule 45, the committee may continue to act despite any vacancy in its membership.

(5) If there are fewer committee members than required for a quorum under rule 45, the committee may act only for the purpose of —

(a) appointing committee members under this rule; or

(b) convening a general meeting.

Clause 39 - VALIDITY OF ACTS

The acts of a committee or subcommittee, or of a committee member or member of a subcommittee, are valid despite any defect that may afterwards be discovered in the election, appointment or qualification of a committee member or member of a subcommittee.

Clause 40 - PAYMENTS TO COMMITTEE MEMBERS

The Executive may award the Administrator, Treasurer, Secretary, or Umpire’s Advisor a salary in accordance with rule 50(8), these positions shall be appointed by the Executive prior to the Annual General Meeting and not subject to election;

Division 4 – Committee Meetings

Clause 41 - COMMITTEE MEETINGS

(1) The committee must meet at least 3 times in each year on the dates and at the times and places determined by the committee.

(2) The date, time and place of the first committee meeting must be determined by the committee members as soon as practicable after the annual general meeting at which the committee members are elected.

(3) Special committee meetings may be convened by the chairperson or any 2 committee members.

Clause 42 - NOTICE OF COMMITTEE MEETINGS

(1) Notice of each committee meeting must be given to each committee member at least 14 days before the time of the meeting.

(2) The notice must state the date, time and place of the meeting and must describe the general nature of the business to be conducted at the meeting.

(3) Unless subrule (4) applies, the only business that may be conducted at the meeting is the business described in the notice.

(4) Urgent business that has not been described in the notice may be conducted at the meeting if the committee members at the meeting unanimously agree to treat that business as urgent.

Clause 43 - PROCEDURE AND ORDER OF BUSINESS

(1) The chairperson or, in the chairperson’s absence, the deputy-chairperson must preside as chairperson of each committee meeting.

(2) If the chairperson and deputy chairperson are absent or are unwilling to act as chairperson of a meeting, the committee members at the meeting must choose one of them to act as chairperson of the meeting.

(3) The procedure to be followed at a committee meeting must be determined from time to time by the committee.

Where applicable to the Executive Meetings the Order of Business shall be:-

Reading and Confirmation of Minutes

Correspondence

Reports

Financial Statement

Accounts

General Business

(4) The order of business at a committee meeting may be determined by the committee members at the meeting.

(5) A member or other person who is not a committee member may attend a committee meeting if invited to do so by the committee.

(6) A person invited under subrule (5) to attend a committee meeting —

(a) has no right to any agenda, minutes or other document circulated at the meeting; and

(b) must not comment about any matter discussed at the meeting unless invited by the committee to do so; and

(c) cannot vote on any matter that is to be decided at the meeting.

Clause 44 - USE OF TECHNOLOGY TO BE PRESENT AT COMMITTEE MEETINGS

(1) The presence of a committee member at a committee 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 communication.

(2) A member who participates in a committee meeting as allowed under subrule (1) 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.

Clause 45 - QUORUM FOR COMMITTEE MEETINGS

At an Executive meeting quorum is constituted by the presence of more than half (50%) of all Executive members.

(1) Subject to rule 38(5), no business is to be conducted at a committee meeting unless a quorum is present.

(2) If a quorum is not present within 30 minutes after the notified commencement time of a committee meeting —

(a) in the case of a special meeting — the meeting lapses; or

(b) otherwise, the meeting is adjourned to the same time, day and place in the following week.

(3) If —

(a) a quorum is not present within 30 minutes after the commencement time of a committee meeting held under subrule (2)(b); and

(b) at least 2 committee members are present at the meeting,

those members present are taken to constitute a quorum.

Clause 46 - VOTING AT COMMITTEE MEETINGS

(1) Each committee member including the Administrator, Treasurer, Secretary and Umpire’s Advisor present at a committee meeting has one vote on any question arising at the meeting.

(2) A motion is carried if a majority of the committee members present at the committee meeting vote in favour of the motion.

(3) If the votes are divided equally on a question, the chairperson of the meeting has a second or casting vote.

(4) A vote may take place by the committee members present indicating their agreement or disagreement or by a show of hands, unless the committee decides that a secret ballot is needed to determine a particular question.

(5) If a secret ballot is needed, the chairperson of the meeting must decide how the ballot is to be conducted.

(6) As required under Sections 21 and 22 of the Act, an Executive member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Executive (except if that pecuniary interest exists only by virtue of the fact that the Executive member is a member of a class of persons for whose benefit the Association 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 Executive; and

(b) not take part in any deliberations or decision of the Executive with respect to that contract.

(7) Rule 46 does not apply with respect to a pecuniary interest that exists only by virtue of the fact that the Executive member is an employee of the Association.

(8) The Secretary must cause every disclosure made under 46 by an Executive member to be recorded in the minutes of the meeting of the Executive at which it is made.

Clause 47 - MINUTES OF COMMITTEE MEETINGS

(1) The committee must ensure that minutes are taken and kept of each committee meeting.

(2) The minutes must record the following —

(a) the names of the committee members present at the meeting;

(b) the name of any person attending the meeting under rule 43(5);

(c) the business considered at the meeting;

(d) any motion on which a vote is taken at the meeting and the result of the vote.

(3) The minutes of a committee meeting must be entered in the Association’s minute book within 30 days after the meeting is held.

(4) The chairperson must ensure that the minutes of a committee meeting are reviewed and signed as correct by —

(a) the chairperson of the meeting; or

(b) the chairperson of the next committee meeting.

(5) When the minutes of a committee meeting have been signed as correct they are, until the contrary is proved, evidence that —

(a) the meeting to which the minutes relate was duly convened and held; and

(b) the matters recorded as having taken place at the meeting took place as recorded; and

(c) any appointment purportedly made at the meeting was validly made.

Division 5 – Subcommittee and subsidiary offices

Clause 48 - SUBCOMMITTEES AND SUBSIDIARY OFFICES

(1) To help the committee in the conduct of the Association’s business, the committee may, in writing, do either or both of the following —

(a) appoint one or more subcommittees;

(b) create one or more subsidiary offices and appoint people to those offices.

(c) The following sub-committees, boards and tribunals shall be appointed by the Executive at the first Executive Meeting after the Annual General Meeting:

(i) the P & D;

(ii) the Fixtures and Gradings Sub-Committee;

The Fixtures and Gradings Sub-Committee shall be made up from members of the Executive Committee who shall determine the playing format, playing dates, structure and all fixtures for the next Association cricket season.

(iii) the Permits Sub-Committee;

The Permits Sub-Committee shall be appointed annually and shall determine all applications for playing permits of any nature allowed under these rules or any by-laws of the Association.

(iv) the Life Membership Sub-Committee and;

The Life Membership Sub-Committee shall be made up of at least three members of the Association who will consider any nominations received at the end of the cricket season (Rule 8).

(v) 31.5. any other sub-committees deemed necessary.

(2) A subcommittee may consist of the number of people, whether or not members, that the committee considers appropriate.

(3) A person may be appointed to a subsidiary office whether or not the person is a member.

(4) Subject to any directions given by the committee —

(a) a subcommittee may meet and conduct business as it considers appropriate; and

(b) the holder of a subsidiary office may carry out the functions given to the holder as the holder considers appropriate.

Clause 49 - DELEGATIONS TO SUBCOMMITTEES AND HOLDERS OF SUBSIDIARY OFFICES

(1) In this rule —

non-delegable dutymeans a duty imposed on the committee by the Act or another written law.

(2) The Executive may delegate, in writing, to one or more sub-committees (consisting of such persons as the Executive thinks fit) the exercise of such functions of the Executive as are specified in the delegation other than:

(a) the power of delegation; and

(b) a function which is a duty imposed on the Executive by the Act or any other law.

(3) Any delegation under rule 26 (10) may be subject to such conditions and limitations as to the exercise of that function or functions or as to time and circumstances as are specified in the delegation and the Executive may continue to exercise any function delegated.

(4) The Executive may revoke wholly or in part any delegation under rule 26 (10) (a) & 26 (10) (b).

(5) Executive members may act as delegates to any other associations of which the Association itself may be a member.

Part 6 - GENERAL MEETINGS OF ASSOCIATION

Clause 50 - ANNUAL GENERAL MEETING

(1) The committee must determine the date, time and place of the annual general meeting

(2) The Committee must convene Annual General Meetings within the time limits provided for the holding of such meetings by Section 50(3) of the Act, that is, in every calendar year within 4 months after the end of the Association’s financial year or such longer period as may in a particular case be allowed by the Commissioner.

(3) The ordinary business of the annual general meeting is as follows —

(a) Reading and Confirmation of Minutes of the previous annual general meeting and of any special general meeting held since then if the minutes of that meeting have not yet been confirmed;

(b) Correspondence

(c) Reports

(d) Financial Statement

(e) Accounts

(f) Election of Officers

(g) Motions of Notice

(h) Notices of Motion

(i) General Business

(4) At each Annual General Meeting of the association, an auditor shall be appointed to audit the accounts of the Association

 (5) to confirm or vary the entrance fees, subscriptions and other amounts (if any) to be paid by members.

(6) Any other business of which notice has been given in accordance with these rules may be conducted at the annual general meeting.

(7)Names of delegates - A member club shall, prior to each Annual General Meeting of the Association, submit to the Secretary the names of two delegates to represent and vote on behalf of that member club at general meetings of the Association.

(8) Change of name  Any member club which changes its name shall give notice of the change in writing to the Secretary prior to the next Annual General Meeting of the Association.

(9)  If a member club does not attend three (3) consecutive general meetings convened under Rule 50, that member club is liable to a fine and its membership may be suspended or expelled.

(10) Salaries.  Salaries shall be authorised at the Annual General Meeting.

(11) Patron. The Patron and/or Vice Patrons are appointed at the Annual General Meeting

(12) Before the commencement of the season, the Umpires Adviser shall recommend to the Executive the schedule of Umpires fees for the coming season. The proposed fee structure shall be presented to the member Clubs at a General Meeting for ratification.

Clause 51 - SPECIAL GENERAL MEETING

(1) The committee may at any time convene a special general meeting;

(2) The committee must, within 30 days of receiving a request in writing to do so from not less than four (4) member clubs, convene a special general meeting for the purpose specified in that request.

(3) The member clubs making a request under subrule 51 (2) must:

(a) state in that request the purpose for which the special general meeting concerned is required; and

(b) ensure that request is signed by an authorised representative of the member club.

(4) If a special general meeting is not convened within thirty (30) days of a request under subrule 51 (2) the member clubs who made the request concerned may themselves convene a special general meeting as if they were the Executive.

Clause 52 - NOTICE OF GENERAL MEETINGS

(1) The Secretary must give to all member clubs not less than fourteen (14) days notice of all general meetings and that notice must specify:

(a) when and where the general meeting concerned is to be held;

(b) particulars of the business to be transacted at the general meeting concerned and of the order in which that business is to be transacted; and

(2) specifics of any special resolutions to be proposed at the general meeting.

Clause 53 - PROXIES

(1)  A member (in this rule called “the appointing member”) may appoint in writing a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at, any general meeting.

(2) If the committee has approved a form for the appointment of a proxy, the member may use that form or any other form —

(a) that clearly identifies the person appointed as the member's proxy; and

(b) that has been signed by the member.

(3) Notice of a general meeting given to an ordinary member under rule 52 must —

(a) state that the member may appoint an individual who is an ordinary member as a proxy for the meeting; and

(b) include a copy of any form that the committee has approved for the appointment of a proxy.

(4) A form appointing a proxy must be given to the secretary before the commencement of the general meeting for which the proxy is appointed.

(5) A form appointing a proxy sent by post or electronically is of no effect unless it is received by the Association not later than 24 hours before the commencement of the meeting.

Clause 54 - USE OF TECHNOLOGY TO BE PRESENT AT GENERAL MEETINGS

(1) The presence of a member at a general meeting need not be by attendance in person but may be by that member and each other member at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.

(2) A member who participates in a general meeting as allowed under subrule (1) 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.

Clause 55 - PRESIDING MEMBER AND QUORUM FOR GENERAL MEETINGS

(1) The chairperson or, in the chairperson’s absence, the deputy chairperson must preside as chairperson of each general meeting.

(2) If the chairperson and deputy chairperson are absent or are unwilling to act as chairperson of a general meeting, the committee members at the meeting must choose one of them to act as chairperson of the meeting.

(3) No business is to be conducted at a general meeting unless a quorum is present.

(4) If a quorum is not present within 30 minutes after the notified commencement time of a general meeting —

(a) in the case of a special general meeting — the meeting lapses; or

(b) in the case of the annual general meeting — the meeting is adjourned to —

(i) the same time and day in the following week; and

(ii) the same place, unless the chairperson specifies another place at the time of the adjournment or written notice of another place is given to the members before the day to which the meeting is adjourned.

(5) If —

(a) a quorum is not present within 30 minutes after the commencement time of an annual general meeting held under subrule (4)(b); and

(b) at least 2 ordinary members are present at the meeting,

those members present are taken to constitute a quorum.

(6) At a general meeting 50% of member clubs shall constitute a quorum.

Clause 56 - ADJOURNMENT OF GENERAL MEETING

(1) The chairperson of a general meeting at which a quorum is present may, with the consent of a majority of the ordinary members present at the meeting, adjourn the meeting to another time at the same place or at another place.

(2) Without limiting subrule (1), a meeting may be adjourned —

(a) if there is insufficient time to deal with the business at hand; or

(b) to give the members more time to consider an item of business.

(3) No business may be conducted on the resumption of an adjourned meeting other than the business that remained unfinished when the meeting was adjourned.

(4) Notice of the adjournment of a meeting under this rule is not required unless the meeting is adjourned for 14 days or more, in which case notice of the meeting must be given in accordance with rule 52.

Clause 57 - VOTING AT GENERAL MEETINGS

(1) Subject to these rules, each member club present in person or by proxy at a general meeting is entitled to a deliberative vote.

(2) Except in the case of a special resolution, a motion is carried if a majority of the ordinary members present at a general meeting vote in favour of the motion.

(3) If votes are divided equally on a question, the chairperson of the meeting has a second or casting vote.

(4) If the question is whether or not to confirm the minutes of a previous general meeting, only members who were present at that meeting may vote.

Clause 58 - WHEN SPECIAL RESOLUTIONS ARE REQUIRED

(1) A special resolution is required if it is proposed at a general meeting —

(a) to affiliate the Association with another body; or

(b) to request the Commissioner to apply to the State Administrative Tribunal under section 109 of the Act for the appointment of a statutory manager.

(2) Subrule (1) does not limit the matters in relation to which a special resolution may be proposed.

Clause 59 - DETERMINING WHETHER RESOLUTION CARRIED

(1) In this rule —

 pollmeans the process of voting in relation to a matter that is conducted in writing.

(2) Subject to subrule (4), the chairperson of a general meeting may, on the basis of general agreement or disagreement or by a show of hands, declare that a resolution has been —

(a) carried; or

(b) carried unanimously; or

(c) carried by a particular majority; or

(d) lost.

(3) If the resolution is a special resolution, the declaration under subrule (2) must identify the resolution as a special resolution.

(4) If a poll is demanded on any question by the chairperson of the meeting or by at least 3 other ordinary members present in person or by proxy —

(a) the poll must be taken at the meeting in the manner determined by the chairperson;

(b) the chairperson must declare the determination of the resolution on the basis of the poll.

(5) If a poll is demanded on the election of the chairperson or on a question of an adjournment, the poll must be taken immediately.

(6) If a poll is demanded on any other question, the poll must be taken before the close of the meeting at a time determined by the chairperson.

(7) A declaration under subrule (2) or (4) must be entered in the minutes of the meeting, and the entry is, without proof of the voting in relation to the resolution, evidence of how the resolution was determined.

Clause 60 - MINUTES OF GENERAL MEETING

(1) The secretary, or a person authorised by the committee from time to time, must take and keep minutes of each general meeting.

(2) The minutes must record the business considered at the meeting, any resolution on which a vote is taken and the result of the vote.

(3) In addition, the minutes of each annual general meeting must record —

(a) the names of the ordinary members attending the meeting; and

(b) any proxy forms given to the chairperson of the meeting under rule 53(8); and

(c) the financial statements or financial report presented at the meeting, as referred to in rule 50(3)(b)(ii) or (iii); and

(d) any report of the review or auditor’s report on the financial statements or financial report presented at the meeting, as referred to in rule 50(3)(b)(iv).

(4) The minutes of a general meeting must be entered in the Association’s minute book within 30 days after the meeting is held.

(5) The chairperson must ensure that the minutes of a general meeting are reviewed and signed as correct by —

(a) the chairperson of the meeting; or

(b) the chairperson of the next general meeting.

(6) When the minutes of a general meeting have been signed as correct they are, in the absence of evidence to the contrary, taken to be proof that —

(a) the meeting to which the minutes relate was duly convened and held; and

(b) the matters recorded as having taken place at the meeting took place as recorded; and

(c) any election or appointment purportedly made at the meeting was validly made.

Part 7 – FINANCIAL MATTERS

Clause 61 - SOURCE OF FUNDS

The funds of the Association may be derived from entrance fees, annual subscriptions, donations, fund-raising activities, grants, interest and any other sources approved by the committee.

Clause 62 - CONTROL OF FUNDS

(1) The Association must open an account in the name of the Association with a financial institution from which all expenditure of the Association is made and into which all funds received by the Association are deposited.

(2) Subject to any restrictions imposed at a general meeting, the committee may approve expenditure on behalf of the Association.

(3) The committee may authorise the treasurer to expend funds on behalf of the Association up to a specified limit without requiring approval from the committee for each item on which the funds are expended.

(4) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments of the Association must be signed by —

(a) 2 committee members; or

(b) one committee member and a person authorised by the committee.

(5) All funds of the Association must be deposited into the Association’s account within 5 working days after their receipt.

Clause 63 - FINANCIAL STATEMENTS AND FINANCIAL REPORTS

(1) For each financial year, the committee must ensure that the requirements imposed on the Association under Part 5 of the Act relating to the financial statements or financial report of the Association are met.

(2) Without limiting subrule (1), those requirements include —

(a) if the Association is a tier 1 association, the preparation of the financial statements; and

(b) if the Association is a tier 2 association or tier 3 association, the preparation of the financial report; and

(c) if required, the review or auditing of the financial statements or financial report, as applicable; and

(d) the presentation to the annual general meeting of the financial statements or financial report, as applicable; and

(e) if required, the presentation to the annual general meeting of the copy of the report of the review or auditor’s report, as applicable, on the financial statements or financial report.

Fines may be imposed on member clubs for the breach of these Rules or By-Laws and detailed in By-Laws Rule 69.

Part 8 – GENERAL MATTERS

Clause 64 - BY-LAWS

(1) The Executive Committee may resolve to add, modify or delete by-laws, including but not limited to:

(a) Playing Conditions in Cricket Matches;

(b) Rules Pertaining to Two Day Matches;

(c) Rules Pertaining to One Day Matches;

(d) Rules Pertaining to Finals;

(e) Inter Association Matches;

(f) Registrations, Clearances and Permits;

(g) Fixtures and Grading;

(h) Umpires;

(i) Pennants and Trophies;

(j) Rules Pertaining to Protest, Disputes and Appeals Board;

(k) Rules Pertaining to fines;

(l) and any other matter which relates to or affects the Association.

(2) At the request of a member, the Association must make a copy of the by-laws available for inspection by the member.

Clause 65 - EXECUTING DOCUMENTS AND COMMON SEAL

(1) The Association must have a common seal on which its corporate name appears in legible characters.

(2) The common seal of the Association must not be used without the express authority of the Executive and every use of that common seal must be recorded in the minute book referred to in rule 29A

(3) The affixing of the common seal of the Association must be witnessed by any two of the President, the Administrator, the Secretary and the Treasurer.

(4) The common seal of the Association must be kept in the custody of the Administrator or of such other person as the Executive from time to time decides.

Clause 66 - GIVING NOTICES TO MEMBERS

All member clubs must be given at least 14 days notice in writing of all general meetings including the Annual General Meeting. The notice is deemed to be received according the following media:

(a) Email – at the time the email was sent by the author.

(b) Mail – The next business day after the mail is postmarked.

Clause 67 - CUSTODY OF BOOKS AND SECURITIES

(1) Subject to subrule (2), the books and any securities of the Association must be kept in the secretary’s custody or under the secretary’s control.

(2) The financial records and, as applicable, the financial statements or financial reports of the Association must be kept in the treasurer’s custody or under the treasurer’s control.

(3) Subrules (1) and (2) have effect except as otherwise decided by the committee.

(4) The books of the Association must be retained for at least 7 years.

Clause 68 - RECORD OF OFFICE HOLDERS

The record of committee members and other persons authorised to act on behalf of the Association that is required to be maintained under section 58(2) of the Act must be kept in the secretary’s custody or under the secretary’s control.

Clause 69 - INSPECTION OF RECORDS AND DOCUMENTS

A member may at any reasonable time inspect without charge the books, documents, records and securities of the Association.

Clause 70 - PUBLICATION BY COMMITTEE MEMBERS OF STATEMENTS ABOUT ASSOCIATION BUSINESS PROHIBITED

A committee member must not publish, or cause to be published, any statement about the business conducted by the Association at a general meeting or committee meeting unless —

(a) the committee member has been authorised to do so at a committee meeting; and

(b) the authority given to the committee member has been recorded in the minutes of the committee meeting at which it was given.

Clause 71 - DISTRIBUTION OF SURPLUS PROPERTY ON CANCELLATION OF INCORPORATION OR WINDING UP

(1) The Association shall automatically wind up in the event that the Association has less than six member clubs.

(2) If upon the winding up or dissolution of the Association there remains after satisfaction of all its debts and liabilities any property whatsoever, the same must not be paid to or distributed among the members, or former members. The surplus property must be given or transferred to another association incorporated under the Act which has similar objects and which is not carried out for the purposes of profit or gain to its individual members, and which association shall be determined by resolution of the members.

Clause 72 - ALTERATION OF RULES

(1) The Association may alter or rescind the constitution, or makerules additional to these rules, in accordance with the procedure set out in Sections 17, 18 and 19 of the Act, which is as follows:

(a) subject to rules 72(d) and 72(e), the Association may alter its rules by special resolution but not otherwise;

(b) within one month of the passing of a special resolution altering its constitution, or such further time as the Commissioner may in a particular case allow (on written application by the Association),theAssociationmustlodgewiththeCommissioner notice of thespecialresolutionsettingout particulars of the alteration together with a certificate given by a member of the Executive certifying that the resolution was duly passed as a special resolution and that the rules of the Association as so altered conform to therequirementsof the Act;

(c) an alteration of the constitution of the Association does not take effect until rule 72(b) is complied with;

(d) an alteration of the constitution of the Association having effect to change the name of the Association does not take effect until rules 72(a) to 72(b) are complied with and the approval of the Commissioner is given to the change of name; and

(e)  an alteration of the constitution of the Association having effect to alter the objects or purposes of the Association does not take effect until rules 72(a) to 72(b) are complied with and the approval of the Commissioner is given to the alteration of the objects or purposes.

(2) This constitution binds every member and the Association to the same extent as if every member and the Association had signed and sealed this constitution and agreed to be bound by its provisions.