In this Constitution, unless the
contrary intention appears:
"Act" means the Associations
Act (NT) and regulations made under that Act.
"Affiliated Club" means
a club accepted as an affiliated club of the Association in accordance with clause
5.
"Affiliation Fee" means
the affiliation fee to be paid by Affiliated Clubs in accordance with clause 5.4.
"Annual Membership Fee"
means the annual membership fee to be paid by Members in accordance with clause
4.4
"Annual Player's
Registration Fee" means the annual player's registration fee to be
paid by Playing Members in accordance with clause 4.5.
"Association" means
the Alice Springs Cricket Association Incorporated.
"Constitution"
means this constitution.
"Executive Committee"
means the executive committee of the Association elected or appointed pursuant
to this Constitution.
"Financial Year" has
the meaning given in clause 13.2.
"General Meeting"
means a general meeting of Members convened in accordance with clause 10.1 and
includes the annual general meeting and all special general meetings.
"Junior Playing Member"
means a member of the Association of the kind described in clause 4.11(b).
"Life Member" means
a member of the Association of the kind described in clause 4.11(d).
"Management Committee"
means the management committee of the Association elected or appointed pursuant
to this Constitution.
"Member" means a member
of the Association.
"member of a Committee"
means a person who is a member of the Executive Committee or the Management
Committee, or both..
"Nominated Delegate"
means a person nominated by an Affiliated Club to be that Affiliated Club's
nominated delegate on the Management Committee.
"Ordinary Playing Member"
means a member of the Association of the kind described in clause 4.11(a).
"Patron" means a
member of the Association of the kind described in clause 4.11(e).
"Playing Member"
means an Ordinary Playing Member or a Junior Playing Member.
"President" means
the president of the Association from time to time appointed pursuant to this
Constitution.
"Public Officer"
means the public officer of the Association from time to time appointed
pursuant to this Constitution.
"Register of Members"
means the register of Members established and maintained under section 34 of
the Act.
"Secretary" means
the secretary of the Association from time to time appointed pursuant to this
Constitution.
"Senior Member"
means any Member other than a Junior Member.
"Social Member" means
a member of the Association of the kind described in clause 4.11(c).
"Special Resolution"
means a resolution notice of which is given under clause 10.4 and passed in
accordance with section 37 of the Act.
"Treasurer" means
the treasurer of the Association from time to time appointed pursuant to this
Constitution.
In this Constitution:
(a)
headings are for convenience only and do not
affect interpretation;
and unless the context otherwise
requires:
(b)
words denoting the singular number include the
plural and vice versa, and words denoting any gender include all genders;
(c)
a reference to a clause, sub-clause, or schedule
is a reference to a clause, sub-clause, or schedule in or to this Constitution;
(d)
a reference to this Constitution, or any other
agreement, agreement or instrument will be deemed to include references to this
Constitution, other agreement, agreement or instrument as varied or
supplemented from time to time;
(e)
a reference to any legislation or statute shall
include a reference to any amendment, re-enactment, variation or extension
thereof or statutory provision substituted therefore;
(f)
where any word or phrase is given a defined
meaning, any other part of speech or grammatical form in respect of that word
or phrase has a corresponding meaning; and
(g)
the word "includes" in any form is not a word of limitation.
The name of the association
incorporated by this Constitution is the Alice Springs Cricket Association
Incorporated.
The objects and purposes of the
Association are as follows:
(b)
to advance cricket in all parts of Australia by
co-operating with cricket associations and cricket bodies in the other States
and Territories of Australia;
(c)
to promote, control and manage, either solely or
in conjunction with other cricket associations or bodies, all interstate and
other representative cricket matches in Alice Springs and the visits of representative
teams to and from Alice Springs;
(d)
to adjudicate upon all matters referred to the Association
by an Affiliated Club in accordance with the rules of the Affiliated Club; and
(e)
to hear and determine appeals against Affiliated
Clubs made in accordance with the rules made under this Constitution.
The Association may alter the
objects and purposes of the Association by Special Resolution but not
otherwise.
The Association must have at least 5
Members.
(a)
For achieving its objects and purposes, the
Association has the powers conferred by sections 11 and 13 of the Act.
(b)
In addition, subject to the Act, the Association
may do all things necessary or convenient for carrying out its objects or
purposes, and in particular, may:
(i)
acquire by purchase, lease, sub-lease, hiring or
otherwise, lands and buildings and any right, title, estate or interest in land
of whatever tenure including Crown Land and to enter into agreements or
arrangements whether under statute or otherwise relating to and to change, vary
or improve same;
(ii)
erect buildings, works or improvements of any description
on any land of the Association on which the Association has any estate or
interest or any other lands or property and to demolish, rebuild, reconstruct,
repair, alter or improve any existing buildings, works or improvements thereon
to convert such land into road, streets, thoroughfares, ways, recreation
grounds, gardens and the like, and generally to deal with and improve the
property of the Association;
(iii)
borrow or raise upon loan any sum or sums of money
whether upon current account or otherwise and for the purpose of securing the
repayment thereof, to execute and give any mortgage, charge, bond, debenture,
bill or exchange, promissory note or other security over all or any part of the
property or assets of the Association as may be deemed necessary;
(iv)
purchase, improve, develop, sell, exchange, lease,
mortgage, charge, dispose of or otherwise acquire any real or personal property
or rights of the Association;
(v)
open and operate accounts with recognised
financial institutions;
(vi)
appoint agents to transact business on its
behalf;
(vii)
enter into any other contract it considers
necessary or desirable; and
(viii)
to do all such other lawful things as are incidental
or conducive to the attainment of the above objects or any of them.
This Constitution binds every Member,
Affiliated Club and the Association to the same extent as if every Member, Affiliated
Club and the Association had signed and sealed this Constitution and agreed to
be bound by it.
If there is any inconsistency
between this Constitution and the Act, the Act prevails.
(c)
If the Constitution is altered, the Public
Officer must ensure compliance with section 23 of the Act.
All previous by-laws, rules or
constitutions, or documents purporting to be such, are hereby repealed.
The following persons shall be
eligible for membership:
(a)
any member of an Affiliated Club; and
(b)
any other person who wishes to further the
interests of the Association.
(c)
Each person admitted to membership of the
Association shall:
(i)
be liable for such fees and subscriptions fixed
by the Association; and
(ii)
subject to this Constitution, be entitled to all
advantages and privileges of the Association.
4.3
Approval of the Executive
Committee
(a)
The Executive Committee must consider any
application made under clause 4.2 at the next Executive Committee meeting and
must accept or reject the application at that meeting.
(b)
If an application is rejected, the applicant may
appeal against the decision by giving notice to the Secretary within 14 days
after being advised of the rejection.
(c)
If an applicant gives notice of an appeal
against the rejection of his or her application, the Executive Committee must
reconsider the application at the next Executive Committee meeting after
receipt of the notice of appeal.
(d)
If after reconsidering an application the Executive
Committee reaffirms its decision to reject the application, the decision is
final in respect of the forthcoming cricket season. For the sake of clarity,
nothing in this Constitution prevents a person from resubmitting an application
for membership in accordance with this Constitution for the cricket season
following the forthcoming cricket season.
(b)
Until otherwise fixed pursuant to clause 4.4(a),
the Annual Membership Fee payable by each category of membership shall be
prescribed by the Executive Committee.
(c)
The Annual Membership Fee is deemed to have been
paid by a Playing Member if the Affiliated Club the Playing Member is
associated with has paid the Annual Player's Registration Fee on behalf of that
Playing Member.
(d)
Different categories of membership may have a different
Annual Membership Fee.
(e)
The Annual Membership Fee is due and payable by
each Member before the commencement of the third cricket match of the
Association season or another date determined by the Executive Committee from
time to time.
(f)
A Member whose Annual Membership Fee is not paid
within 3 months after the due date, ceases to be a Member unless the Executive
Committee determines otherwise.
(b)
Until otherwise fixed pursuant to clause 4.5(a),
the Annual Player's Registration Fee payable by each category of Playing Member
shall be prescribed by the Executive Committee.
(c)
The Annual Player's Registration Fee is due and
payable by each Playing Member before the commencement of the third cricket match
of the Association season or another date determined by the Executive Committee
from time to time.
(d)
A Playing Member whose Annual Player's
Registration Fee is not paid within 3 months after the due date ceases to be a
Playing Member unless the Executive Committee determines otherwise.
A right of
membership of the Association:
(a)
is not capable of being transferred or
transmitted to another person; and
(b)
terminates on the cessation of membership
whether by death, resignation or otherwise.
(a)
Subject to clauses 4.7(b) and 4.11(b), each
Member has one vote at General Meetings of the Association.
The Secretary must give all Members
notice of General Meetings and Special Resolutions in the manner and time
prescribed by this Constitution.
The following must be available for
inspection by Members:
(a)
a copy of this Constitution;
(b)
minutes of General Meetings; and
(c)
annual reports and annual financial reports.
(a)
A Member may raise a grievance or complaint
about a member of a Committee or another Member of the Association.
(b)
The grievance or complaint must be dealt with by
the procedures set out in clause 15.
The
Association shall have the following membership categories:
(i)
over the age of 18 years;
(ii)
is a member of an Affiliated Club; and
(iii)
on whose behalf that Affiliated Club has paid or
intends to pay the Annual Player's Registration Fee by the due date.
Ordinary Playing Members are
entitled to hold any office and enjoy the privileges of the Association.
(i)
under the age of 18 years;
(ii)
is a member of an Affiliated Club; and
(iii)
on whose behalf that Affiliated Club has paid or
intends to pay the Annual Player's Registration Fee.
Junior Playing Members shall have no
voting rights and shall not be entitled to be elected as a member of either the
Executive Committee or the Management Committee.
will be eligible to be nominated as
a Life Member.
A.
provide evidence and an explanation of why the
nominator considers the nominee has given exceptional and outstanding service
to the Association for a period of not less than ten years;
B.
provide details of when the nominee first became
a Member;
C.
include any other matters that the nominator
wishes the Executive Committee to consider.
(iv)
The Executive Committee will only consider
nominations that comply with clauses 4.11(d)(i) to 4.11(d)(iii) (inclusive).
(v)
In considering whether or not a nominee should
be appointed as a Life Member, the Executive Committee shall take into
consideration that achievements and work carried out by staff receiving
remuneration for that service should not be considered exceptional and outstanding
service to the Association for the purposes of qualifying for Life Membership, except
in exceptional circumstances.
(vi)
Appointment of Life Members is at the sole
discretion of the Executive Committee.
(vii)
If the Executive Committee resolves to appoint a
person as a Life Member then the Executive Committee will appoint that person
as a Life Member at the next annual General Meeting and the Life Membership
will take effect from that meeting.
(viii)
Any determination by the Executive Committee of
the appointment or otherwise of a Life Member will be final and binding on the
parties. However, a person who has not been appointed as a Life Member is
eligible to be nominated again prior to the next annual General Meeting in the
manner outlined in this clause 4.11(d).
(ix)
A Life Member is entitled to hold any office and
enjoy the privileges of the Association.
(x)
A Life Member is not required to pay any Annual Membership
Fee.
(xi)
Continuity of membership shall include service
to the Association prior to its Incorporation and Life Members of the Association
prior to its Incorporation shall be deemed Life Members of the Association.
(a)
Membership of the Association may be terminated
by:
(i)
a notice of resignation addressed and posted to
the Association or given personally to the Secretary or another member of the Executive
Committee;
(ii)
non-payment of the Annual Membership Fee within
the time required by the Executive Committee; or
(iii)
expulsion in accordance with clause 12.
(b)
If a person who is a Playing Member, is a Member
of the Association pursuant to clause 4.2(b), then that Playing Member's
membership of the Association will terminate automatically if the club they are
a member of ceases to be an Affiliated Club.
If a Member dies or the whereabouts
of a Member are unknown, the Executive Committee must cancel the Member's
membership.
Any cricket club in the Northern
Territory shall be eligible for affiliation.
(c)
Each Affiliated Club admitted to be affiliated
to the Association shall:
(i)
be liable for such fees and subscriptions fixed
by the Association; and
(ii)
subject to this Constitution, be entitled to all
advantages and privileges of the Association.
(a)
Any application made under clause 5.2 shall be
considered at a special General Meeting convened within 30 days of receipt of
the application and the Association must accept or reject the application at
that meeting.
(b)
If an application is rejected, the applicant may
appeal against
