Rules of the Merriwa A.F.A Bowling Club(abridged for web publication)
Approved May 2021Index PAGEPART A1. NAME 12. OBJECTIVES 13. DEFINITIONS 14. PROPERTY AND INCOME 24.1 The Club shall liaise with RAAFA 24,2 Dissolution 24.3 Disposition of assets 24.4 Notification of Dissolution 2PART B5. MEMBERSHIP 4 5.1 Membership Categories………………………….4 5.2 Financial Status of Members ……………………4 5.3 Financial…………………………………………...4 5.3.1 Ordinary Member…………………………………4/5 5.3.2 Life Members……………………………………...5
5.3.3 Residential Members…………………………….5 5.3.4 Junior Members ………………………………….5 5.3.5 Temporary Member …………………………….. 5 5.3.6 Social Member ………………………………….. 5 5.3.7 Honorary Member………………………………...6 5.3.8 Recreational Member..........................................66. MEMBERSHIP FEES 66.1 Determination of Fees 66.2 Subscriptions 66.3 Subscriptions for New Members 66.4 Non Financial Members 67. LEVIES 78. CLUB YEAR 79. APPLICATIONS FOR MEMBERSHIP 710. MEMBERSHIP ROLL 711. RESIGNATION FROM MEMBERSHIP 712. RESERVED 7PART C
13. MANAGEMENT 813.1 Executive Committee 813.2 Election of Office Bearers 813.3 Finance Committee 813.4 Sub-Committees 813.5 Co-opted Members 8
14. BALLOT PROCEDURE 914.1 Returning Officer 914.2 Calling for Nominations 914.3 Nomination Form Lodgement 914.4 Order of Election 914.5 Sub-Committee Members 1014.6 General Election 1014.7 Voting Procedure 10/1114.8 Informal Votes 11/1214.9 Scrutineers 1214.10 Casual Vacancies 1215. AUDITOR 1216. HONORARIUM 1317. MEETINGS OF CLUB MANAGEMENT COMMITTEE 13/1418. POWERS OF CLUB MANAGEMENT COMMITTEE 14/1519. RESIGNATION OF CLUB MANAGEMENT COMMITTEE 1520. SUB-COMMITTEES 1421. DUTIES OF OFFICERS 15/16PART D22. INTERPRETATION OF RULES 1723. AMENDMENT OF RULES 1724. ANNUAL GENERAL MEETING 17/1825. CONDUCT OF THE ANNUAL GENERAL MEETING 1826. SPECIAL GENERAL MEETING 19PART E27. MISCONDUCT 2028. PROCEDURES FOR A CHARGE OF MISCONDUCT... 20/2129. PENALTIES 2130. APPEAL 22PART F31. TRUSTEES 2332. BANK/INVESTMENTS 2333. INDEMNITY 2334. CLUB COLOURS AND INSIGNIA ............................23 PART “A”1. NAME1.1 The name of the Club shall be the MERRIWA AFA BOWLING CLUB.2. OBJECTIVESThe objectives of the Club shall be:• to foster the game of lawn bowls, promote social and recreational fellowship amongst members and support selected charities;
• to affiliate with the Western Australian Bowling Association (Trading as Bowls WA) (WABA). The members shall recognise and accept the WABA Rules and By-laws and shall make all decisions consistent therewith. All games of lawn bowls shall be played according to the Rules, By-laws and laws of the game currently recognised by the WABA, with the exception that the Club Management Committee may, if they deem beneficial for the Club, adopt local rules for Championship events;
• the property and income of the Club shall be applied solely towards the promotion of the objects of the Club and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the Club, except in good faith in the promotion of those objects or purposes.3. DEFINITIONSIn construing these Rules, unless the context or such otherwise indicates or requires:1. “The Club” means the Merriwa AFA Bowling Club.2. “The Club Premises” means all land and buildings and structures thereon of which the Club is the bona-fide occupier.3. The “Club Management Committee” includes the President, Vice President, Secretary, Treasurer, Captain Men's Bowls, Captain Ladies Bowls, Greens Chairperson, Membership/Sponsorship/Club Development Chairperson and the Social Fundraising Chairperson or persons temporarily fulfilling any of these positions.4. Sub-Committee/s includes those members required by the Club Management Committee to run the day to day business of the Club.5. The Club is formed as a Branch without charter of the Australian Flying Corps and Royal Australian Air Force Association (WA Division ) Incorporated, or any amendments thereto. 6. Where these rules fail to define or specify a particular area then reference and resolution will be sourced in the Australian Flying Corps and Royal Australian Air Force Association (WA Division) Incorporated.7. WABA is the Western Australian Bowling Association (Trading as Bowls WA).8. RAAFA is the Australian Flying Corps and Royal Australian Air Force Association (WA Division) Incorporated.9. Gender – Unless a contrary intention appears, words importing masculine gender include the feminine gender.10. Legal File – The Legal File contains all legal documents relating to the operation of the Merriwa AFA Bowling Club, and is tabled at Annual and Special General Meetings.4. PROPERTY AND INCOME4.1 The Club shall:4.1.1 Liaise with RAAFA concerning the provision and maintenance of bowling greens, buildings, grounds and such amenities as shall be deemed necessary from time to time for the use and accommodation of its members in accordance with the objectives of the Club;4.1.2 As deemed necessary by a resolution at an Annual or Special General Meeting, borrow money by way of loan or over-draft or by the issue of debentures to carry out the work or activities of the Club. 4.1.3 Not be responsible for the loss or damage to any article whatsoever brought into the Club premises by members or visitors;4.1.4 Prohibit a member, without authority to injure or destroy any of the property of the Club, and any loss or damage resulting from any breach of this Rule shall be made good by such member to the satisfaction of the Club Management Committee. The Club Management Committee shall assess the amount to be paid by the member and the assessment shall be final and conclusive;4.2 DissolutionThe Club may be dissolved or wound up by a special resolution at any General or Special Meeting called for such purpose.4.3 Disposition of the Assets The Club may be dissolved or wound up in accordance with the Rules of the Australian Flying Corps and Royal Australian Air Force Association (W.\A Division) Incorporated and any property or assets whatsoever shall be given or transferred “In Toto” to the Royal Australian Air Force Association (WA Division) Incorporated.4.4 Notify Bowls WA of the dissolution within thirty (30) days of the decision to dissolve the Club.
Part “B”
5. MEMBERSHIP5.1 Members of the Club will be elected to any one of the following categories of membership:• Ordinary Member• Life Member• Residential Member• Junior Member• Temporary Member• Social Member• Honorary Member• Recreational Member
5.2 Application for membership is open to any member of The Royal Australian Air Force Association.
5.3 All members must be members of The Royal Australian Air Force Association.
5.3.1 Ordinary MemberPersons of or above the age of eighteen (18) years entitled to exercise the full privileges of the Club, excepting that where a member becomes an employee of the Club he shall not hold any office. 5.3.2 Life MemberAny member who has been a financial member for a period not less than ten (10) years and who has rendered at least ten (10) years exceptional service to the club may be recommended by the Club Management Committee for Life Membership. Such recommendations shall be submitted by the Club President to the Annual General Meeting of the bowling club and agreed to by a 75% majority at the meeting.Not more than two (2) recommendations for Life Membership shall be submitted in any one financial year and the total number of Life Members shall not exceed ten (10) any one time.Life Members shall have the same rights and privileges and be subject to obligations of ordinary members save except for the payment of annual membership subscriptions to the Merriwa AFA Bowling Club. For the purpose of calculating the period of service, the club shall be deemed to have been formed on 1st May 1996. 5.3.3 Residential MemberAny resident of the Merriwa RAAFA Estate may be appointed in the prescribed manner and upon payment of the appropriate fee. Residential members are restricted in their use of the bowling greens and must adhere to the conditions of play and standards of dress as set down by the Club. They may not vote or stand for office. Such members are entitled to the full use of the bowling club rooms.5.3.4 Junior MemberPersons under eighteen (18) years, who may enjoy all the privileges of the Club but shall not be eligible:• to stand for any office in the Club or vote in any ballot or at any General Meeting of the Club;• to propose or second any application for membership of the Club;• to invite guests into the Club.5.3.5 Temporary Member A person who on any day is visiting the Club:-• as a member or official of, or a person assisting a team that is to contest a pre-arranged event in bowling or other competition that day; or• at the invitation of a member to engage in that sport on that day,May for the purposes of “The Act” be taken as a person who is accorded Temporary Membership.5.3.6 Social MemberSocial Membership is available to any financial member of the Royal Australian Air Force Association. They will be appointed in the prescribed manner and pay the appropriate fees.Social Members are not entitled to use the greens, stand for office nor vote at meetings.
5.3.7 Honorary MembershipWhere the Club desires to honour a person with the distinction of Honorary Membership, that person may be granted Honorary Membership by the Club.An Honorary Member shall not be entitled to vote at any meeting of the Club or hold any office and shall not be required to pay an Annual Subscription.An Honorary Member shall have his or her Membership reviewed annually. The Club may at any time determine that a person’s Honorary Membership be terminated without giving any reasons. 5.3.8 Recreational MemberPersons of or above the age of eighteen (18) years entitled to exercise the full privileges of the Club, excepting they may not hold office, play in State Events, Club Championships and Pennants Competitions.
6. MEMBERSHIP FEES6.1 The Club Management Committee may from time to time determine the Membership fees for the Annual Subscriptions in relation to the classes of Membership.6.2 SubscriptionsUnless exempted elsewhere in these Rules, each Member who is required to pay an Annual Subscription must pay to the Club, annually on or before 31st May each Financial Year or such other date as the Club Management Committee from time to time determines, the amount of the Annual Subscription determined under rule 6.1.6.3 Subscriptions for New Members New members elected after the first day of June shall pay a pro-rata annual subscription.6.4 Non-financial Members Members who have not paid subscriptions by the 31st of May will be declared non-financial. Their membership, rights and privileges will be revoked. Their names will be removed from the register of membership.7. LEVIESMembers shall pay such levies as may be imposed from time to time by the Club. A General or Special meeting shall have power to make a levy on the members for any special project or need, and such levy shall not exceed one third of the Ordinary Membership subscription in any year.8. CLUB YEARThe Club year shall commence on the 1st day of May in each year and run until the 30th day of April of the following year. 9. APPLICATIONS FOR MEMBERSHIP9.1 Applications for Ordinary, Social, Residential, Junior, Honorary, and Recreational members shall be proposed and seconded by Ordinary or Life members of the Club. All such applications shall be in writing in a form prescribed by the Club Management Committee. Applications shall be posted on the Club Notice Board by the Secretary for a period not less than fourteen (14) days before election. 9.2 The Club Management Committee shall have the right to refuse any application for membership at its discretion without prejudice or right of the applicant to require an explanation. The Secretary shall keep a record of the names of Club Management Committee members present and voting on that day.10. MEMBERSHIP ROLLA list of names and addresses of all members shall be maintained by the Secretary on the Club premises in accordance with “The Act”. A member may request access to the membership roll but may not remove it.11. RESIGNATION FROM MEMBERSHIPResignations of members of the Club are deemed to be effective from the time they are received by and duly accepted by the Club Management Committee at a formal meeting of the Club Management Committee. No member resigning from the Club or ceasing from any cause to be a member, shall be entitled to have any claim upon any portion whatsoever of the property or funds of the Club. No pro rata Membership fee will be refunded to the resigning member.12. RESERVED PART “C”13. CLUB MANAGEMENT13.1 The management of the Club shall be vested in the Club Management Committee, comprising;President (Executive Committee/Finance Committee)Vice–President/s (Executive Committee/Finance Committee)Secretary (Executive Committee/Finance Committee)Treasurer (Executive Committee/Finance Committee)Captain Men's BowlsCaptain Ladies BowlsGreens ChairpersonMembership/ Sponsorship/Club Development ChairpersonSocial/Fundraising Chairperson
The Club Management Committee is permitted to amend at any time the number of members on each Sub-Committee, the title of each Member as well as the duties of all Sub-Committee Members. Any changes must be updated, when they occur, in the Club By-Laws.13.2 Election of Office BearersThe Club Management Committee and Sub-Committee shall be elected annually by all financial Ordinary and Life Members of the Club. 13.3 Finance CommitteeThe Finance Committee shall comprise of the Executive Officers of the Club - The President, Vice-President/s, Secretary and Treasurer.13.4 Sub- CommitteesThe Club Management Committee may decide annually on the number of Committee Members within the Sub-Committees and the numbers decided upon should be shown in the Club By-Laws13.5 Co-opted MembersThe Club Management Committee shall have the power to co-opt financial Ordinary or Life members at any time to assist any Committee function, provided such persons will not have voting rights in any Committee except when acting in the absence of the Secretary, Treasurer or any Committee Member.
14. BALLOT PROCEDURE14.1 Returning OfficerThe Club Management Committee shall appoint a Returning Officer who shall not be a candidate for election, and such Returning Officer will be responsible for conducting the ballot.14.2 Calling for NominationsNot less than 50 days prior to the Annual General Meeting of members, the Club Management Committee shall call for nominations for positions on all Committees. Members may nominate for more than one office.14.3 Nomination Forms LodgementNominations, including members seeking re-election, shall be on a form approved by the Committee, signed by the nominee, eligible proposer, and lodged with the Secretary not less than twenty eight (28) days prior to the date set for the Annual General Meeting. The Secretary shall initial and date the nomination and advertise such on the Club notice board for not less than fourteen (14) full days after closure of nominations.14.4 Order of Election14.4.1 Any member, who is not opposed for a senior position, shall be excluded from the ballot for any subsequent position. The order of seniority of positions shall be:PRESIDENTVICE-PRESIDENT (1-2)SECRETARYTREASURERCAPTAIN MEN'S BOWLSCAPTAIN LADIES BOWLSGREENS Chairperson SOCIAL AND FUND RAISING ChairpersonSPONSORSHIP/MEMBERSHIP/CLUB DEVELOPMENT ChairpersonMEN'S MATCH SUB-COMMITTEE LADIES MATCH SUB-COMMITTEE MEN’S SELECTION SUB-COMMITTEE LADIES SELECTION SUB-COMMITTEE
14.5 Sub-Committee Members14.5.1The President, Vice Presidents and Captains shall be entitled to serve on any Sub-Committee and members may serve on more than a single Sub- Committee.14.5.2 The members of the Sub-Committees will elect a Chairperson who will report to the appropriate Club Captain or Manager on the Club Management Committee. 14.6 General Election14.6.1 If the number of nominations does not exceed the number required to be elected by the members for any position, the candidates nominated shall be declared elected at the Annual General Meeting.14.6.2 If less than the required number of nominations is received for any such office, the Chairperson (Returning Officer) at the Annual General Meeting shall call for nominations, and if necessary a secret ballot shall be held. Any person so elected shall hold office until the next Annual General Meeting.14.7 Voting Procedure14.7.1 If the number of candidates nominated exceeds the number required to be elected, a ballot shall be taken which shall be conducted in the following manner:14.7.2 Club Management Committee shall fix the time and closing date of the ballot which shall be at least three (3) days prior to the date fixed for the Annual General Meeting.14.7.3 Ballot papers shall show separately the surnames and given names of the candidates nominated for each office in respect of which an election is necessary.14.7.4 Voting papers shall be mailed, delivered or distributed (as per clause 13) to all financial Ordinary and Life members (refer Clauses 6.2 and 6.5), not less than fourteen (14) days prior to the closing of the ballot. Members who are entitled to vote and are unable to attend a General Meeting may lodge a postal vote on any notice of motion14.7.5 The Club shall provide a ballot box which shall be locked by the Returning Officer and placed in the Club to receive the ballot at the time of mailing, delivering or distributing the ballot papers to members.14.7.6 The Secretary shall supply the Returning Officer with a validated current register of financial members eligible to vote in an election, together with a list of members given a postal vote. The Returning Officer will validate each ballot paper by signature.14.7.7 The order in which names of the candidates nominated for each office appear on the ballot paper shall be in accordance with a draw conducted by the Returning Officer in the presence of those candidates wishing and able to be present at the draw. 14.7.8 All ballots shall be decided on a ‘first past the post’ voting system.14.7.9 All votes shall be recorded by marking on the paper a tick opposite the name of each candidate of choice up to the number of candidates to be elected.14.7.10 All votes shall be counted as primary votes of equal rank.14.7.11 The candidate receiving the highest number of votes shall be the first successful candidate. The candidate receiving the second highest number of votes shall be the next successful candidate and so on, according to the number of candidates to be elected.14.7.12 If two or more candidates receive the same number of votes, the Returning Officer shall determine by lot the successful candidate or candidates.14.7.13 If a candidate is successful in more than one ballot, that candidate shall be deemed the successful candidate for the higher or highest of such positions.14.7.14 In the counting of votes for any lower position a successful candidate for a higher position shall be the first to be eliminated from the ballot for the lower position. In this circumstance the candidate receiving the next highest number of votes shall be elected in place of that excluded candidate. This process shall be repeated until the vacancies are filled. 14.7.15 The Returning Officer shall deliver to the Annual General Meeting, a report on the conduct and result of the ballot, and post the results of each election on the Club notice board.14.8 Informal Votes14.8.1 Ballot papers which:• show more candidates marked as voted for than the number permitted;• are defaced or mutilated as to prevent the intentions of the voter being ascertained;• do clearly reveal the identity of the voter on the outer envelope of a postal vote as instructed on the ballot paper;• carry any mark or means of identification of the voter on the ballot paper;• have more than one ballot paper in a single ballot paper envelope shall be deemed informal.14.8.2 The Returning Officer may rule as he thinks fit on any other matter, but – a ballot paper shall not be deemed informal only on account of a voter having used a mark other than a tick to indicate his vote so long as his intention is clear.14.9 Scrutineers14.9.1 A candidate may nominate in writing to the Returning Officer a scrutineer to represent him at the ballot. The scrutineer shall be a financial Ordinary or a Life member of the club and shall not be a candidate for election.14.9.2 A scrutineer may be present throughout the ballot and may query the inclusion or exclusion of any vote in the count but the Returning Officer shall have final determination of any votes so queried;14.9.3 A scrutineer shall not place or remove any mark on a ballot paper; 14.9.4 A scrutineer shall not interfere with or attempt to influence any member at the time such member is casting their vote.14.10 Casual Vacancies14.10.1 The Club Management Committee may fill any vacancy occurring on any Committee by appointment of a person eligible to nominate for and hold that office as defined by Clauses 13 and 14.14.10.2 A person so appointed shall hold office until the next Annual General Meeting at which time the position will become vacant.15. AUDITORAt the Annual General Meeting of members an Auditor shall be appointed and such Auditor will be responsible to audit the books of account of the Club, and certify to the correctness of the Annual statement of receipts and expenditure and Balance Sheet of the Club.
16. HONORARIUMAll members of the Club Management Committee, and Sub- Committees shall act in an honorary capacity, provided that the Club Management Committee may, from time to time, grant an honorarium to the Club Secretary, Treasurer and Auditor, or to any other member, for services rendered to the Club.17. MEETINGS OF CLUB MANAGEMENT COMMITTEE17.1 The Club Management Committee shall meet at least monthly at such place and on such dates as decided by the Committee. 17.2 The Secretary shall call meetings of the Club Management Committee when instructed to do so by the President, or by any three members of the Club Management Committee. The Secretary shall be solely responsible for the proper advice to all members of the Club Management Committee not less than 48 hours before the time set for such meeting.17.3 The quorum for all Club Management Committee meetings shall be a majority of Club Management Committee members who are eligible to attend and vote..17.4 Any member of the Club Management Committee who is absent from three (3) consecutive meetings without leave of the Committee, must forfeit his office. The Secretary shall maintain a record of attendance.17.5 The President shall preside at all meetings of the Club Management Committee. In his absence the Vice-President shall preside but if neither be in attendance, the meeting shall elect a chairperson. The chairperson may exercise a casting vote.17.6 A member of the Club Management Committee who has any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in contemplation of, the member shall as soon as he becomes aware of his interest, disclose the nature and extent of his interests to the Club Management Committee. Every such disclosure shall be recorded in the minutes of the meeting at which it is made. The member shall not take part in any deliberations or decision of the Club Management Committee with respect to that contract.17.7 The Secretary shall record the minutes of all resolutions and proceedings of the Club Management Committee in a book maintained for the purpose.17.8 Any vacancy occurring in the Club Management Committee, Bowls (2) and Sub-Committees through resignation, expulsion, or any other cause, may be filled by the Club Management Committee without reference to the previous ballot.17.9 No member shall hold two positions within the Club Management Committee17.10 A member or other person who is not a committee member may attend a committee meeting if invited to do so by the committee.. (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.
17.11 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 committee member who participates in a committee meeting as allowed 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
18. POWERS OF CLUB MANAGEMENT COMMITTEE18.1 The Club Management Committee shall have the power to:18.1.1 Frame By-laws for the management of the Club, consistent with these Rules. Such By-laws shall be binding on all members until repealed or amended by the Committee, or by a general meeting of members. Such By-laws may impose penalties for any breach of these Rules. The Committee shall have full power to elect members within the terms of these By-laws, and to alter, amend, or rescind such By-laws as occasion may require, and such By-laws shall be equally as binding as, but shall not be opposed to, the Rules. A certified copy of all such By-laws shall be posted in the Clubhouse by the Secretary.;18.1.2 Fill any vacancy on the Club Management Committee or any other Sub-Committees of the Club;18.1.3 Refuse to admit any person to membership of the Club without assigning any reason for doing so;18.1.4 Limit the number of members of the various categories of membership;18.1.5 Raise levies from members, in accordance with limitations provided within these Rules, to meet extraordinary expenditure of the Club and same shall be payable on request;18.1.6 Delegate any portion of their powers to any special sub-committee not otherwise provided in these Rules;18.1.7 Establish and control all matters of conduct, policy, finance, promotion, publicity and planning relative to sporting and cultural activities within the Club and adjudicate on all matters impinging on the objects of the Club;18.1.8 Hear and determine charges of misconduct lodged against any member under these rules, and to impose penalties accordingly.19. RESIGNATION OF CLUB MANAGEMENT COMMITTEEIn the event of the resignation of the Club Management Committee, the management of the club will be vested in the full membership until the holding of a Special General Meeting to be held within fourteen (14) of receipt of such resignations.21. DUTIES OF OFFICERS21.1 THE PRESIDENT shall preside at all meetings of the Club and of the Committee. In his absence the Vice President shall preside. If neither of the aforementioned officers be present, the meeting shall elect a Chairperson. At all General Meetings of the Club and all meetings of the Club Management Committee, the President, or in his absence the presiding Chairperson shall have a deliberate vote and a casting vote where necessary to retain the status quo, and shall decide on the voices or by a show of hands as the presiding Chairperson thinks fit, but any member may demand a division or a secret ballot. More detailed roles and responsibilities are covered in the Club By-Laws.21.2 THE VICE PRESIDENT shall liaise with the President in the overall management of the Club, and in his absence assume his responsibilities. He shall oversee the provision of Club amenities, stores and equipment within the Club House, oversee promotion and fund raising initiatives ensuring co-ordination of Sub-Committees involved. More detailed roles and responsibilities are covered in the Club By Laws 21.3 THE SECRETARY of the Club, unless otherwise excused, shall attend all meetings of the Club Management Committee, keep a correct record of all proceedings in a book provided for that purpose, keep a record of all names and addresses of members of the Club and do such clerical work as may be necessary for the observance of the Rules and By-laws of the Club. He shall be authorised to receive any monies on behalf of the Club and pass these monies to the Treasurer. He shall convene all meetings of the Club Management Committee in accordance with these rules; attend to all correspondence and carry-out the normal duties of the office of Secretary as required by the Club Management Committee. More detailed roles and responsibilities are covered in the Club By-Laws21.4 THE TREASURER shall be responsible for all monies paid to the Club and shall ensure that all such monies are paid into the bank account of the Club. He shall keep correct accounts and books showing the financial affairs of the Club and the particulars usually shown in books of account of a like nature. At the Annual General Meeting of the Club he shall present an audited statement of receipts and expenditure and a balance sheet of the Club for the past year. He will attend to all correspondence and carry out the normal duties of the office of Treasurer as required by the Club Management Committee. More detailed roles and responsibilities are covered in the Club By-Laws.
PART “D”22. INTERPRETATION OF THE RULES22.1 The Club Management Committee shall decide all questions of interpretation of these Rules and such decision shall be binding, unless at a General Meeting such decision shall, by a three quarters majority of members then present, be disagreed with.22.2 Unless a contrary intention appears, words importing the singular number include the plural and vice-versa, and words importing the masculine gender include the feminine gender in accordance with the Constitution Rules and By-laws of the WABA.22.3 In the event of any ambiguity, the powers vested in the Club Management Committee shall be construed so as to widen and not restrict the powers of the Committee.22.4 Every member is bound by and shall submit to the Rules and By-laws of the Club.22.5 No member shall be entitled to take any legal action against the Club (other than a claim for goods and services rendered) and must conform to the decisions of the Club Management Committee, and in the case of an appeal, to the decision of the General meeting to which he may appeal.22.6 The Club Management Committee has authority to correct any typographic, spelling or grammatical errors in any rule of the Rules, provided that the intent of the rule is not in any way altered.23. AMENDMENT OF RULES23.1 No rule shall be amended or repealed, nor shall any new rule be made, except on the vote of a 75 per centum of the members present at the Annual General Meeting or a Special General Meeting called for the purpose.23.2 Notice of any proposed amendment, repeal or addition must be given by notice in writing to the Secretary. Such notice shall be posted in the Club premises for not less than ten (10) days before the date appointed for the holding of such meeting for any proposal to so amend, repeal, or add to, the Rules. 23.3 Within 28 days after the making of any change to the Rules of the Club, the Secretary shall provide to WABA and RAAFA certified particulars of the change(s).
24. ANNUAL GENERAL MEETING24.1 The Annual General Meeting of the Club shall be held on the 3rd Monday in May, unless otherwise ordered by the Club Management Committee. Notice of same shall be in writing to all members delivered, distributed or posted to their last known address or sent by email to their email address, not less than 42 days prior to the meeting, and posted on the notice board of the Club not less than 42 days before the meeting.24.2 Twenty (20) per cent of Ordinary and Life members of the Club as at the final capitation to the Club shall form a quorum, and if a quorum is not present within thirty minutes of the appointed time for the meeting, it shall stand adjourned for seven (7) days, and if at such adjourned meeting there is no quorum, those present shall be competent to discharge the business.24.3 Members ResolutionsSubject to the Act and the management powers vested in the Club Management Committee, a Member who is entitled to vote may give the Club Management Committee notice of a resolution that they propose to move at an Annual General Meeting. Any notice of a resolution by Members must be received by the Secretary not later than 28 days before the Annual General Meeting. The Secretary will notify all members of any resolution to be presented at the Annual General Meeting no later than fourteen (14) days prior to the Annual General Meeting.25. CONDUCT OF THE ANNUAL GENERAL MEETING25.1 The President shall preside until the completion of the Annual General Meeting. In his absence the Vice President shall preside. In the absence of the aforementioned, the meeting shall elect a Chairperson from the members present. The Chairperson shall have power to exercise a casting vote.25.2 The Reading and confirmation of the minutes of the last Annual General Meeting and of any Special Meetings held since the preceding Annual General Meeting.25.3 Any Business arising from the Minutes.25.4 Receiving the President’s Report and receiving and discussing the Annual Balance Sheet and accounts and reports of the Treasurer, Auditor and Sub-Committees.25.5 Any Business arising from the Reports.25.6 Special business of which notice of motion has been given. . Any Member who casts a postal vote on any or all of the motions may still attend a General Meeting, but will not be permitted to vote on any motion at that General Meeting25.7 Declaration of the ballot and election of the Committees, and Club Auditor, followed by closure of the Annual General Meeting.25.8 The incoming Chairperson will open the meeting for recommendations to the incoming Committees.26. SPECIAL GENERAL MEETING26.1 The Secretary shall call a Special General Meeting when so instructed by a resolution of the Club Management Committee or on receipt of a requisition by not less than twelve and one half (12½) per cent of financial Ordinary and Life members of the Club at the date of receipt of such requisition.26.2 Special General Meetings shall be advertised by the Secretary sending out an email or letter to all members not less than fourteen (14) days prior to the meeting, specifying the business to be transacted and no other business shall be dealt with at such meeting. Twenty (20) per cent of all Financial Ordinary and Life members at the date prior to such meeting shall form a quorum and if no quorum be present thirty (30) minutes after the appointed meeting time, the meeting shall lapse. PART “E”27. MISCONDUCT27.1 The Club Management Committee shall exercise full power to reprimand, suspend, expel or impose penalties on any member of the Club who shall, in the sole and absolute judgement of the Club Management Committee, have been guilty, either in or out of the Club premises, of any act, practice, conduct, matter or thing calculated to bring discredit on, or in any manner prejudice the reputation of the Club, or calculated in any manner to impair or affect the enjoyment of the Club premises by members thereof, or to cause any ill-feeling or friction between or among members.27.2 Any dispute between members may be referred by either disputant in writing to the Club Management Committee whose decision there-on, subject to these Rules, shall finally settle the matter.27.3 All complaints shall be made in writing through the Secretary, stating the explicit nature of the offence of which the member is accused, and the names of any members witness to the complaint. The Secretary shall submit them to the Club Management Committee if he is unable to satisfy the complaint.27.4 The Club Management Committee shall exempt any member of that Committee from hearing a charge in which he has an interest.28. PROCEDURE FOR A CHARGE OF MISCONDUCT28.1 If the Club Management Committee decides to proceed with a charge of misconduct, seven (7) clear days’ notice of the hearing must be given to the member accused.28.2 The Secretary shall deliver to, or forward by post, or email a notice to the accused member and the complainant at the postal address registered at the Club. The notice would specify the nature of the charge and request attendance at the hearing by the Club Management Committee. On the application of either party the Secretary shall send a notice to any other member to appear and give evidence provided such application is made three (3) days before the date of the hearing. Should any party or witness be unable to attend the hearing, the Club Management Committee may at their sole discretion, on application of either party, adjourn the hearing for not more than seven (7) days, at which time they shall take evidence and decide the case, the same as if all parties were present.28.3 If, after hearing of the evidence, the Club Management Committee shall find the charge proven by a majority decision they shall impose an appropriate penalty.28.4 The Secretary shall forthwith deliver to or post or email a notice to the member at the postal address registered at the club, advising him of the penalty.28.5 If the penalty is expulsion the name of the member shall be erased from the list of membership forthwith. The member shall be liable for all monies due by him at the date of expulsion. No person shall be entitled to take action or proceedings against the Club for or in respect of any suspension or expulsion as decided and shall conform to the decision of the Club Management Committee.29. PENALTIES29.1 Club Management Committee shall have due regard to the circumstances of the charge, when affixing any penalty under these Rules.29.2 Penalties available are:• the maximum monetary penalty for any breach of these Rules or By-laws of the Club, shall not exceed the annual subscription for Ordinary Members, but in addition an offending member shall pay the cost of repair or replacement for Club property damaged through his actions.• a period of suspension from membership for any period not exceeding twelve (12) months.• where the charge proven is of gross misconduct and a fine or suspension shall in the opinion of a two-thirds majority of the Club Management Committee hearing the charge be inadequate or inappropriate they may expel the member• The Club Management Committee shall take due account of the effect of expulsion on a member who may desire to join an affiliated club in the future.• all monetary penalties shall be paid within fourteen (14) days of notice being served on the member. If he should refuse or neglect to meet such payment he shall stand suspended from membership until the payment be made in full.• The Club Management Committee may extend such period for payment without further penalty at their discretion.• The name of a member suspended or expelled shall be advised to the WABA as appropriate.
30. APPEAL30.1 The right of appeal shall be available to members found guilty by the Club Management Committee of an offence against these Rules. Each notice of appeal shall be directed to the Secretary in writing giving details of the grounds for the appeal. An appeal shall be received by the Secretary within seven (7) days of the Club Management Committee decision.30.2 Where a member has been fined he may have his appeal determined by the Executive Committee or in the absence of any of these officers by members of the Club Management Committee selected by the most senior officer available. 30.3 Where a member has been found guilty and is suspended or expelled he may have his appeal determined by a Special General Meeting of members where a majority of two-thirds will be required to over-turn the decision of the Committee. 30.4 Until the hearing of any appeal, the decision of the Club Management Committee shall have full effect but the appellant shall have the right to attend the meeting applicable.
PART “F”31. TRUSTEES31.1 The President and Vice President/s shall be ex-officio trustees of the Club; and all property of the club shall be vested in their trust for and on behalf of the members for the time being, and subject to Part A - 4.1.31.2 Records and documents held in trust may be inspected by Ordinary and Life members of the Club who shall be permitted to copy such records but shall not remove them from trustee possession.32. BANK/INVESTMENTSThe funds of the Club shall be placed in such Bank OR Financial Institution as the Committee may from time to time determine to the credit of the Merriwa AFA Bowling Club and shall be operated upon by cheque, signed by any two of the President, Vice President, Secretary and Treasurer, or by electronic transfer if approved by the Club Management Committee.33. INDEMNITYEach Club Management Committee, and Sub-Committee Member, (indemnified person) is indemnified by the Club against any loss, expense or liability incurred by reason of any act or omission done by the indemnified person in good faith in his or her capacity as a Club Management Committee or Executive Member and the Club will use the funds of the Club for that purpose when required. Subject to cover provided by RAAFA to all its members. Refer to RAAFA Rules 21 (b)34. CLUB COLOURS AND INSIGNIA The Club Colours are as decided at the Annual General Meeting and must incorporate the RAAFA Insignia.
The foregoing rules were adopted at the Annual General Meeting of the Members of the Merriwa A.F.A. Bowling Club on the 10th May 2021
President: __________________
Secretary:
5.3.3 Residential Members…………………………….5 5.3.4 Junior Members ………………………………….5 5.3.5 Temporary Member …………………………….. 5 5.3.6 Social Member ………………………………….. 5 5.3.7 Honorary Member………………………………...6 5.3.8 Recreational Member..........................................66. MEMBERSHIP FEES 66.1 Determination of Fees 66.2 Subscriptions 66.3 Subscriptions for New Members 66.4 Non Financial Members 67. LEVIES 78. CLUB YEAR 79. APPLICATIONS FOR MEMBERSHIP 710. MEMBERSHIP ROLL 711. RESIGNATION FROM MEMBERSHIP 712. RESERVED 7PART C
13. MANAGEMENT 813.1 Executive Committee 813.2 Election of Office Bearers 813.3 Finance Committee 813.4 Sub-Committees 813.5 Co-opted Members 8
14. BALLOT PROCEDURE 914.1 Returning Officer 914.2 Calling for Nominations 914.3 Nomination Form Lodgement 914.4 Order of Election 914.5 Sub-Committee Members 1014.6 General Election 1014.7 Voting Procedure 10/1114.8 Informal Votes 11/1214.9 Scrutineers 1214.10 Casual Vacancies 1215. AUDITOR 1216. HONORARIUM 1317. MEETINGS OF CLUB MANAGEMENT COMMITTEE 13/1418. POWERS OF CLUB MANAGEMENT COMMITTEE 14/1519. RESIGNATION OF CLUB MANAGEMENT COMMITTEE 1520. SUB-COMMITTEES 1421. DUTIES OF OFFICERS 15/16PART D22. INTERPRETATION OF RULES 1723. AMENDMENT OF RULES 1724. ANNUAL GENERAL MEETING 17/1825. CONDUCT OF THE ANNUAL GENERAL MEETING 1826. SPECIAL GENERAL MEETING 19PART E27. MISCONDUCT 2028. PROCEDURES FOR A CHARGE OF MISCONDUCT... 20/2129. PENALTIES 2130. APPEAL 22PART F31. TRUSTEES 2332. BANK/INVESTMENTS 2333. INDEMNITY 2334. CLUB COLOURS AND INSIGNIA ............................23 PART “A”1. NAME1.1 The name of the Club shall be the MERRIWA AFA BOWLING CLUB.2. OBJECTIVESThe objectives of the Club shall be:• to foster the game of lawn bowls, promote social and recreational fellowship amongst members and support selected charities;
• to affiliate with the Western Australian Bowling Association (Trading as Bowls WA) (WABA). The members shall recognise and accept the WABA Rules and By-laws and shall make all decisions consistent therewith. All games of lawn bowls shall be played according to the Rules, By-laws and laws of the game currently recognised by the WABA, with the exception that the Club Management Committee may, if they deem beneficial for the Club, adopt local rules for Championship events;
• the property and income of the Club shall be applied solely towards the promotion of the objects of the Club and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the Club, except in good faith in the promotion of those objects or purposes.3. DEFINITIONSIn construing these Rules, unless the context or such otherwise indicates or requires:1. “The Club” means the Merriwa AFA Bowling Club.2. “The Club Premises” means all land and buildings and structures thereon of which the Club is the bona-fide occupier.3. The “Club Management Committee” includes the President, Vice President, Secretary, Treasurer, Captain Men's Bowls, Captain Ladies Bowls, Greens Chairperson, Membership/Sponsorship/Club Development Chairperson and the Social Fundraising Chairperson or persons temporarily fulfilling any of these positions.4. Sub-Committee/s includes those members required by the Club Management Committee to run the day to day business of the Club.5. The Club is formed as a Branch without charter of the Australian Flying Corps and Royal Australian Air Force Association (WA Division ) Incorporated, or any amendments thereto. 6. Where these rules fail to define or specify a particular area then reference and resolution will be sourced in the Australian Flying Corps and Royal Australian Air Force Association (WA Division) Incorporated.7. WABA is the Western Australian Bowling Association (Trading as Bowls WA).8. RAAFA is the Australian Flying Corps and Royal Australian Air Force Association (WA Division) Incorporated.9. Gender – Unless a contrary intention appears, words importing masculine gender include the feminine gender.10. Legal File – The Legal File contains all legal documents relating to the operation of the Merriwa AFA Bowling Club, and is tabled at Annual and Special General Meetings.4. PROPERTY AND INCOME4.1 The Club shall:4.1.1 Liaise with RAAFA concerning the provision and maintenance of bowling greens, buildings, grounds and such amenities as shall be deemed necessary from time to time for the use and accommodation of its members in accordance with the objectives of the Club;4.1.2 As deemed necessary by a resolution at an Annual or Special General Meeting, borrow money by way of loan or over-draft or by the issue of debentures to carry out the work or activities of the Club. 4.1.3 Not be responsible for the loss or damage to any article whatsoever brought into the Club premises by members or visitors;4.1.4 Prohibit a member, without authority to injure or destroy any of the property of the Club, and any loss or damage resulting from any breach of this Rule shall be made good by such member to the satisfaction of the Club Management Committee. The Club Management Committee shall assess the amount to be paid by the member and the assessment shall be final and conclusive;4.2 DissolutionThe Club may be dissolved or wound up by a special resolution at any General or Special Meeting called for such purpose.4.3 Disposition of the Assets The Club may be dissolved or wound up in accordance with the Rules of the Australian Flying Corps and Royal Australian Air Force Association (W.\A Division) Incorporated and any property or assets whatsoever shall be given or transferred “In Toto” to the Royal Australian Air Force Association (WA Division) Incorporated.4.4 Notify Bowls WA of the dissolution within thirty (30) days of the decision to dissolve the Club.
Part “B”
5. MEMBERSHIP5.1 Members of the Club will be elected to any one of the following categories of membership:• Ordinary Member• Life Member• Residential Member• Junior Member• Temporary Member• Social Member• Honorary Member• Recreational Member
5.2 Application for membership is open to any member of The Royal Australian Air Force Association.
5.3 All members must be members of The Royal Australian Air Force Association.
5.3.1 Ordinary MemberPersons of or above the age of eighteen (18) years entitled to exercise the full privileges of the Club, excepting that where a member becomes an employee of the Club he shall not hold any office. 5.3.2 Life MemberAny member who has been a financial member for a period not less than ten (10) years and who has rendered at least ten (10) years exceptional service to the club may be recommended by the Club Management Committee for Life Membership. Such recommendations shall be submitted by the Club President to the Annual General Meeting of the bowling club and agreed to by a 75% majority at the meeting.Not more than two (2) recommendations for Life Membership shall be submitted in any one financial year and the total number of Life Members shall not exceed ten (10) any one time.Life Members shall have the same rights and privileges and be subject to obligations of ordinary members save except for the payment of annual membership subscriptions to the Merriwa AFA Bowling Club. For the purpose of calculating the period of service, the club shall be deemed to have been formed on 1st May 1996. 5.3.3 Residential MemberAny resident of the Merriwa RAAFA Estate may be appointed in the prescribed manner and upon payment of the appropriate fee. Residential members are restricted in their use of the bowling greens and must adhere to the conditions of play and standards of dress as set down by the Club. They may not vote or stand for office. Such members are entitled to the full use of the bowling club rooms.5.3.4 Junior MemberPersons under eighteen (18) years, who may enjoy all the privileges of the Club but shall not be eligible:• to stand for any office in the Club or vote in any ballot or at any General Meeting of the Club;• to propose or second any application for membership of the Club;• to invite guests into the Club.5.3.5 Temporary Member A person who on any day is visiting the Club:-• as a member or official of, or a person assisting a team that is to contest a pre-arranged event in bowling or other competition that day; or• at the invitation of a member to engage in that sport on that day,May for the purposes of “The Act” be taken as a person who is accorded Temporary Membership.5.3.6 Social MemberSocial Membership is available to any financial member of the Royal Australian Air Force Association. They will be appointed in the prescribed manner and pay the appropriate fees.Social Members are not entitled to use the greens, stand for office nor vote at meetings.
5.3.7 Honorary MembershipWhere the Club desires to honour a person with the distinction of Honorary Membership, that person may be granted Honorary Membership by the Club.An Honorary Member shall not be entitled to vote at any meeting of the Club or hold any office and shall not be required to pay an Annual Subscription.An Honorary Member shall have his or her Membership reviewed annually. The Club may at any time determine that a person’s Honorary Membership be terminated without giving any reasons. 5.3.8 Recreational MemberPersons of or above the age of eighteen (18) years entitled to exercise the full privileges of the Club, excepting they may not hold office, play in State Events, Club Championships and Pennants Competitions.
6. MEMBERSHIP FEES6.1 The Club Management Committee may from time to time determine the Membership fees for the Annual Subscriptions in relation to the classes of Membership.6.2 SubscriptionsUnless exempted elsewhere in these Rules, each Member who is required to pay an Annual Subscription must pay to the Club, annually on or before 31st May each Financial Year or such other date as the Club Management Committee from time to time determines, the amount of the Annual Subscription determined under rule 6.1.6.3 Subscriptions for New Members New members elected after the first day of June shall pay a pro-rata annual subscription.6.4 Non-financial Members Members who have not paid subscriptions by the 31st of May will be declared non-financial. Their membership, rights and privileges will be revoked. Their names will be removed from the register of membership.7. LEVIESMembers shall pay such levies as may be imposed from time to time by the Club. A General or Special meeting shall have power to make a levy on the members for any special project or need, and such levy shall not exceed one third of the Ordinary Membership subscription in any year.8. CLUB YEARThe Club year shall commence on the 1st day of May in each year and run until the 30th day of April of the following year. 9. APPLICATIONS FOR MEMBERSHIP9.1 Applications for Ordinary, Social, Residential, Junior, Honorary, and Recreational members shall be proposed and seconded by Ordinary or Life members of the Club. All such applications shall be in writing in a form prescribed by the Club Management Committee. Applications shall be posted on the Club Notice Board by the Secretary for a period not less than fourteen (14) days before election. 9.2 The Club Management Committee shall have the right to refuse any application for membership at its discretion without prejudice or right of the applicant to require an explanation. The Secretary shall keep a record of the names of Club Management Committee members present and voting on that day.10. MEMBERSHIP ROLLA list of names and addresses of all members shall be maintained by the Secretary on the Club premises in accordance with “The Act”. A member may request access to the membership roll but may not remove it.11. RESIGNATION FROM MEMBERSHIPResignations of members of the Club are deemed to be effective from the time they are received by and duly accepted by the Club Management Committee at a formal meeting of the Club Management Committee. No member resigning from the Club or ceasing from any cause to be a member, shall be entitled to have any claim upon any portion whatsoever of the property or funds of the Club. No pro rata Membership fee will be refunded to the resigning member.12. RESERVED PART “C”13. CLUB MANAGEMENT13.1 The management of the Club shall be vested in the Club Management Committee, comprising;President (Executive Committee/Finance Committee)Vice–President/s (Executive Committee/Finance Committee)Secretary (Executive Committee/Finance Committee)Treasurer (Executive Committee/Finance Committee)Captain Men's BowlsCaptain Ladies BowlsGreens ChairpersonMembership/ Sponsorship/Club Development ChairpersonSocial/Fundraising Chairperson
The Club Management Committee is permitted to amend at any time the number of members on each Sub-Committee, the title of each Member as well as the duties of all Sub-Committee Members. Any changes must be updated, when they occur, in the Club By-Laws.13.2 Election of Office BearersThe Club Management Committee and Sub-Committee shall be elected annually by all financial Ordinary and Life Members of the Club. 13.3 Finance CommitteeThe Finance Committee shall comprise of the Executive Officers of the Club - The President, Vice-President/s, Secretary and Treasurer.13.4 Sub- CommitteesThe Club Management Committee may decide annually on the number of Committee Members within the Sub-Committees and the numbers decided upon should be shown in the Club By-Laws13.5 Co-opted MembersThe Club Management Committee shall have the power to co-opt financial Ordinary or Life members at any time to assist any Committee function, provided such persons will not have voting rights in any Committee except when acting in the absence of the Secretary, Treasurer or any Committee Member.
14. BALLOT PROCEDURE14.1 Returning OfficerThe Club Management Committee shall appoint a Returning Officer who shall not be a candidate for election, and such Returning Officer will be responsible for conducting the ballot.14.2 Calling for NominationsNot less than 50 days prior to the Annual General Meeting of members, the Club Management Committee shall call for nominations for positions on all Committees. Members may nominate for more than one office.14.3 Nomination Forms LodgementNominations, including members seeking re-election, shall be on a form approved by the Committee, signed by the nominee, eligible proposer, and lodged with the Secretary not less than twenty eight (28) days prior to the date set for the Annual General Meeting. The Secretary shall initial and date the nomination and advertise such on the Club notice board for not less than fourteen (14) full days after closure of nominations.14.4 Order of Election14.4.1 Any member, who is not opposed for a senior position, shall be excluded from the ballot for any subsequent position. The order of seniority of positions shall be:PRESIDENTVICE-PRESIDENT (1-2)SECRETARYTREASURERCAPTAIN MEN'S BOWLSCAPTAIN LADIES BOWLSGREENS Chairperson SOCIAL AND FUND RAISING ChairpersonSPONSORSHIP/MEMBERSHIP/CLUB DEVELOPMENT ChairpersonMEN'S MATCH SUB-COMMITTEE LADIES MATCH SUB-COMMITTEE MEN’S SELECTION SUB-COMMITTEE LADIES SELECTION SUB-COMMITTEE
14.5 Sub-Committee Members14.5.1The President, Vice Presidents and Captains shall be entitled to serve on any Sub-Committee and members may serve on more than a single Sub- Committee.14.5.2 The members of the Sub-Committees will elect a Chairperson who will report to the appropriate Club Captain or Manager on the Club Management Committee. 14.6 General Election14.6.1 If the number of nominations does not exceed the number required to be elected by the members for any position, the candidates nominated shall be declared elected at the Annual General Meeting.14.6.2 If less than the required number of nominations is received for any such office, the Chairperson (Returning Officer) at the Annual General Meeting shall call for nominations, and if necessary a secret ballot shall be held. Any person so elected shall hold office until the next Annual General Meeting.14.7 Voting Procedure14.7.1 If the number of candidates nominated exceeds the number required to be elected, a ballot shall be taken which shall be conducted in the following manner:14.7.2 Club Management Committee shall fix the time and closing date of the ballot which shall be at least three (3) days prior to the date fixed for the Annual General Meeting.14.7.3 Ballot papers shall show separately the surnames and given names of the candidates nominated for each office in respect of which an election is necessary.14.7.4 Voting papers shall be mailed, delivered or distributed (as per clause 13) to all financial Ordinary and Life members (refer Clauses 6.2 and 6.5), not less than fourteen (14) days prior to the closing of the ballot. Members who are entitled to vote and are unable to attend a General Meeting may lodge a postal vote on any notice of motion14.7.5 The Club shall provide a ballot box which shall be locked by the Returning Officer and placed in the Club to receive the ballot at the time of mailing, delivering or distributing the ballot papers to members.14.7.6 The Secretary shall supply the Returning Officer with a validated current register of financial members eligible to vote in an election, together with a list of members given a postal vote. The Returning Officer will validate each ballot paper by signature.14.7.7 The order in which names of the candidates nominated for each office appear on the ballot paper shall be in accordance with a draw conducted by the Returning Officer in the presence of those candidates wishing and able to be present at the draw. 14.7.8 All ballots shall be decided on a ‘first past the post’ voting system.14.7.9 All votes shall be recorded by marking on the paper a tick opposite the name of each candidate of choice up to the number of candidates to be elected.14.7.10 All votes shall be counted as primary votes of equal rank.14.7.11 The candidate receiving the highest number of votes shall be the first successful candidate. The candidate receiving the second highest number of votes shall be the next successful candidate and so on, according to the number of candidates to be elected.14.7.12 If two or more candidates receive the same number of votes, the Returning Officer shall determine by lot the successful candidate or candidates.14.7.13 If a candidate is successful in more than one ballot, that candidate shall be deemed the successful candidate for the higher or highest of such positions.14.7.14 In the counting of votes for any lower position a successful candidate for a higher position shall be the first to be eliminated from the ballot for the lower position. In this circumstance the candidate receiving the next highest number of votes shall be elected in place of that excluded candidate. This process shall be repeated until the vacancies are filled. 14.7.15 The Returning Officer shall deliver to the Annual General Meeting, a report on the conduct and result of the ballot, and post the results of each election on the Club notice board.14.8 Informal Votes14.8.1 Ballot papers which:• show more candidates marked as voted for than the number permitted;• are defaced or mutilated as to prevent the intentions of the voter being ascertained;• do clearly reveal the identity of the voter on the outer envelope of a postal vote as instructed on the ballot paper;• carry any mark or means of identification of the voter on the ballot paper;• have more than one ballot paper in a single ballot paper envelope shall be deemed informal.14.8.2 The Returning Officer may rule as he thinks fit on any other matter, but – a ballot paper shall not be deemed informal only on account of a voter having used a mark other than a tick to indicate his vote so long as his intention is clear.14.9 Scrutineers14.9.1 A candidate may nominate in writing to the Returning Officer a scrutineer to represent him at the ballot. The scrutineer shall be a financial Ordinary or a Life member of the club and shall not be a candidate for election.14.9.2 A scrutineer may be present throughout the ballot and may query the inclusion or exclusion of any vote in the count but the Returning Officer shall have final determination of any votes so queried;14.9.3 A scrutineer shall not place or remove any mark on a ballot paper; 14.9.4 A scrutineer shall not interfere with or attempt to influence any member at the time such member is casting their vote.14.10 Casual Vacancies14.10.1 The Club Management Committee may fill any vacancy occurring on any Committee by appointment of a person eligible to nominate for and hold that office as defined by Clauses 13 and 14.14.10.2 A person so appointed shall hold office until the next Annual General Meeting at which time the position will become vacant.15. AUDITORAt the Annual General Meeting of members an Auditor shall be appointed and such Auditor will be responsible to audit the books of account of the Club, and certify to the correctness of the Annual statement of receipts and expenditure and Balance Sheet of the Club.
16. HONORARIUMAll members of the Club Management Committee, and Sub- Committees shall act in an honorary capacity, provided that the Club Management Committee may, from time to time, grant an honorarium to the Club Secretary, Treasurer and Auditor, or to any other member, for services rendered to the Club.17. MEETINGS OF CLUB MANAGEMENT COMMITTEE17.1 The Club Management Committee shall meet at least monthly at such place and on such dates as decided by the Committee. 17.2 The Secretary shall call meetings of the Club Management Committee when instructed to do so by the President, or by any three members of the Club Management Committee. The Secretary shall be solely responsible for the proper advice to all members of the Club Management Committee not less than 48 hours before the time set for such meeting.17.3 The quorum for all Club Management Committee meetings shall be a majority of Club Management Committee members who are eligible to attend and vote..17.4 Any member of the Club Management Committee who is absent from three (3) consecutive meetings without leave of the Committee, must forfeit his office. The Secretary shall maintain a record of attendance.17.5 The President shall preside at all meetings of the Club Management Committee. In his absence the Vice-President shall preside but if neither be in attendance, the meeting shall elect a chairperson. The chairperson may exercise a casting vote.17.6 A member of the Club Management Committee who has any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in contemplation of, the member shall as soon as he becomes aware of his interest, disclose the nature and extent of his interests to the Club Management Committee. Every such disclosure shall be recorded in the minutes of the meeting at which it is made. The member shall not take part in any deliberations or decision of the Club Management Committee with respect to that contract.17.7 The Secretary shall record the minutes of all resolutions and proceedings of the Club Management Committee in a book maintained for the purpose.17.8 Any vacancy occurring in the Club Management Committee, Bowls (2) and Sub-Committees through resignation, expulsion, or any other cause, may be filled by the Club Management Committee without reference to the previous ballot.17.9 No member shall hold two positions within the Club Management Committee17.10 A member or other person who is not a committee member may attend a committee meeting if invited to do so by the committee.. (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.
17.11 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 committee member who participates in a committee meeting as allowed 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
18. POWERS OF CLUB MANAGEMENT COMMITTEE18.1 The Club Management Committee shall have the power to:18.1.1 Frame By-laws for the management of the Club, consistent with these Rules. Such By-laws shall be binding on all members until repealed or amended by the Committee, or by a general meeting of members. Such By-laws may impose penalties for any breach of these Rules. The Committee shall have full power to elect members within the terms of these By-laws, and to alter, amend, or rescind such By-laws as occasion may require, and such By-laws shall be equally as binding as, but shall not be opposed to, the Rules. A certified copy of all such By-laws shall be posted in the Clubhouse by the Secretary.;18.1.2 Fill any vacancy on the Club Management Committee or any other Sub-Committees of the Club;18.1.3 Refuse to admit any person to membership of the Club without assigning any reason for doing so;18.1.4 Limit the number of members of the various categories of membership;18.1.5 Raise levies from members, in accordance with limitations provided within these Rules, to meet extraordinary expenditure of the Club and same shall be payable on request;18.1.6 Delegate any portion of their powers to any special sub-committee not otherwise provided in these Rules;18.1.7 Establish and control all matters of conduct, policy, finance, promotion, publicity and planning relative to sporting and cultural activities within the Club and adjudicate on all matters impinging on the objects of the Club;18.1.8 Hear and determine charges of misconduct lodged against any member under these rules, and to impose penalties accordingly.19. RESIGNATION OF CLUB MANAGEMENT COMMITTEEIn the event of the resignation of the Club Management Committee, the management of the club will be vested in the full membership until the holding of a Special General Meeting to be held within fourteen (14) of receipt of such resignations.21. DUTIES OF OFFICERS21.1 THE PRESIDENT shall preside at all meetings of the Club and of the Committee. In his absence the Vice President shall preside. If neither of the aforementioned officers be present, the meeting shall elect a Chairperson. At all General Meetings of the Club and all meetings of the Club Management Committee, the President, or in his absence the presiding Chairperson shall have a deliberate vote and a casting vote where necessary to retain the status quo, and shall decide on the voices or by a show of hands as the presiding Chairperson thinks fit, but any member may demand a division or a secret ballot. More detailed roles and responsibilities are covered in the Club By-Laws.21.2 THE VICE PRESIDENT shall liaise with the President in the overall management of the Club, and in his absence assume his responsibilities. He shall oversee the provision of Club amenities, stores and equipment within the Club House, oversee promotion and fund raising initiatives ensuring co-ordination of Sub-Committees involved. More detailed roles and responsibilities are covered in the Club By Laws 21.3 THE SECRETARY of the Club, unless otherwise excused, shall attend all meetings of the Club Management Committee, keep a correct record of all proceedings in a book provided for that purpose, keep a record of all names and addresses of members of the Club and do such clerical work as may be necessary for the observance of the Rules and By-laws of the Club. He shall be authorised to receive any monies on behalf of the Club and pass these monies to the Treasurer. He shall convene all meetings of the Club Management Committee in accordance with these rules; attend to all correspondence and carry-out the normal duties of the office of Secretary as required by the Club Management Committee. More detailed roles and responsibilities are covered in the Club By-Laws21.4 THE TREASURER shall be responsible for all monies paid to the Club and shall ensure that all such monies are paid into the bank account of the Club. He shall keep correct accounts and books showing the financial affairs of the Club and the particulars usually shown in books of account of a like nature. At the Annual General Meeting of the Club he shall present an audited statement of receipts and expenditure and a balance sheet of the Club for the past year. He will attend to all correspondence and carry out the normal duties of the office of Treasurer as required by the Club Management Committee. More detailed roles and responsibilities are covered in the Club By-Laws.
PART “D”22. INTERPRETATION OF THE RULES22.1 The Club Management Committee shall decide all questions of interpretation of these Rules and such decision shall be binding, unless at a General Meeting such decision shall, by a three quarters majority of members then present, be disagreed with.22.2 Unless a contrary intention appears, words importing the singular number include the plural and vice-versa, and words importing the masculine gender include the feminine gender in accordance with the Constitution Rules and By-laws of the WABA.22.3 In the event of any ambiguity, the powers vested in the Club Management Committee shall be construed so as to widen and not restrict the powers of the Committee.22.4 Every member is bound by and shall submit to the Rules and By-laws of the Club.22.5 No member shall be entitled to take any legal action against the Club (other than a claim for goods and services rendered) and must conform to the decisions of the Club Management Committee, and in the case of an appeal, to the decision of the General meeting to which he may appeal.22.6 The Club Management Committee has authority to correct any typographic, spelling or grammatical errors in any rule of the Rules, provided that the intent of the rule is not in any way altered.23. AMENDMENT OF RULES23.1 No rule shall be amended or repealed, nor shall any new rule be made, except on the vote of a 75 per centum of the members present at the Annual General Meeting or a Special General Meeting called for the purpose.23.2 Notice of any proposed amendment, repeal or addition must be given by notice in writing to the Secretary. Such notice shall be posted in the Club premises for not less than ten (10) days before the date appointed for the holding of such meeting for any proposal to so amend, repeal, or add to, the Rules. 23.3 Within 28 days after the making of any change to the Rules of the Club, the Secretary shall provide to WABA and RAAFA certified particulars of the change(s).
24. ANNUAL GENERAL MEETING24.1 The Annual General Meeting of the Club shall be held on the 3rd Monday in May, unless otherwise ordered by the Club Management Committee. Notice of same shall be in writing to all members delivered, distributed or posted to their last known address or sent by email to their email address, not less than 42 days prior to the meeting, and posted on the notice board of the Club not less than 42 days before the meeting.24.2 Twenty (20) per cent of Ordinary and Life members of the Club as at the final capitation to the Club shall form a quorum, and if a quorum is not present within thirty minutes of the appointed time for the meeting, it shall stand adjourned for seven (7) days, and if at such adjourned meeting there is no quorum, those present shall be competent to discharge the business.24.3 Members ResolutionsSubject to the Act and the management powers vested in the Club Management Committee, a Member who is entitled to vote may give the Club Management Committee notice of a resolution that they propose to move at an Annual General Meeting. Any notice of a resolution by Members must be received by the Secretary not later than 28 days before the Annual General Meeting. The Secretary will notify all members of any resolution to be presented at the Annual General Meeting no later than fourteen (14) days prior to the Annual General Meeting.25. CONDUCT OF THE ANNUAL GENERAL MEETING25.1 The President shall preside until the completion of the Annual General Meeting. In his absence the Vice President shall preside. In the absence of the aforementioned, the meeting shall elect a Chairperson from the members present. The Chairperson shall have power to exercise a casting vote.25.2 The Reading and confirmation of the minutes of the last Annual General Meeting and of any Special Meetings held since the preceding Annual General Meeting.25.3 Any Business arising from the Minutes.25.4 Receiving the President’s Report and receiving and discussing the Annual Balance Sheet and accounts and reports of the Treasurer, Auditor and Sub-Committees.25.5 Any Business arising from the Reports.25.6 Special business of which notice of motion has been given. . Any Member who casts a postal vote on any or all of the motions may still attend a General Meeting, but will not be permitted to vote on any motion at that General Meeting25.7 Declaration of the ballot and election of the Committees, and Club Auditor, followed by closure of the Annual General Meeting.25.8 The incoming Chairperson will open the meeting for recommendations to the incoming Committees.26. SPECIAL GENERAL MEETING26.1 The Secretary shall call a Special General Meeting when so instructed by a resolution of the Club Management Committee or on receipt of a requisition by not less than twelve and one half (12½) per cent of financial Ordinary and Life members of the Club at the date of receipt of such requisition.26.2 Special General Meetings shall be advertised by the Secretary sending out an email or letter to all members not less than fourteen (14) days prior to the meeting, specifying the business to be transacted and no other business shall be dealt with at such meeting. Twenty (20) per cent of all Financial Ordinary and Life members at the date prior to such meeting shall form a quorum and if no quorum be present thirty (30) minutes after the appointed meeting time, the meeting shall lapse. PART “E”27. MISCONDUCT27.1 The Club Management Committee shall exercise full power to reprimand, suspend, expel or impose penalties on any member of the Club who shall, in the sole and absolute judgement of the Club Management Committee, have been guilty, either in or out of the Club premises, of any act, practice, conduct, matter or thing calculated to bring discredit on, or in any manner prejudice the reputation of the Club, or calculated in any manner to impair or affect the enjoyment of the Club premises by members thereof, or to cause any ill-feeling or friction between or among members.27.2 Any dispute between members may be referred by either disputant in writing to the Club Management Committee whose decision there-on, subject to these Rules, shall finally settle the matter.27.3 All complaints shall be made in writing through the Secretary, stating the explicit nature of the offence of which the member is accused, and the names of any members witness to the complaint. The Secretary shall submit them to the Club Management Committee if he is unable to satisfy the complaint.27.4 The Club Management Committee shall exempt any member of that Committee from hearing a charge in which he has an interest.28. PROCEDURE FOR A CHARGE OF MISCONDUCT28.1 If the Club Management Committee decides to proceed with a charge of misconduct, seven (7) clear days’ notice of the hearing must be given to the member accused.28.2 The Secretary shall deliver to, or forward by post, or email a notice to the accused member and the complainant at the postal address registered at the Club. The notice would specify the nature of the charge and request attendance at the hearing by the Club Management Committee. On the application of either party the Secretary shall send a notice to any other member to appear and give evidence provided such application is made three (3) days before the date of the hearing. Should any party or witness be unable to attend the hearing, the Club Management Committee may at their sole discretion, on application of either party, adjourn the hearing for not more than seven (7) days, at which time they shall take evidence and decide the case, the same as if all parties were present.28.3 If, after hearing of the evidence, the Club Management Committee shall find the charge proven by a majority decision they shall impose an appropriate penalty.28.4 The Secretary shall forthwith deliver to or post or email a notice to the member at the postal address registered at the club, advising him of the penalty.28.5 If the penalty is expulsion the name of the member shall be erased from the list of membership forthwith. The member shall be liable for all monies due by him at the date of expulsion. No person shall be entitled to take action or proceedings against the Club for or in respect of any suspension or expulsion as decided and shall conform to the decision of the Club Management Committee.29. PENALTIES29.1 Club Management Committee shall have due regard to the circumstances of the charge, when affixing any penalty under these Rules.29.2 Penalties available are:• the maximum monetary penalty for any breach of these Rules or By-laws of the Club, shall not exceed the annual subscription for Ordinary Members, but in addition an offending member shall pay the cost of repair or replacement for Club property damaged through his actions.• a period of suspension from membership for any period not exceeding twelve (12) months.• where the charge proven is of gross misconduct and a fine or suspension shall in the opinion of a two-thirds majority of the Club Management Committee hearing the charge be inadequate or inappropriate they may expel the member• The Club Management Committee shall take due account of the effect of expulsion on a member who may desire to join an affiliated club in the future.• all monetary penalties shall be paid within fourteen (14) days of notice being served on the member. If he should refuse or neglect to meet such payment he shall stand suspended from membership until the payment be made in full.• The Club Management Committee may extend such period for payment without further penalty at their discretion.• The name of a member suspended or expelled shall be advised to the WABA as appropriate.
30. APPEAL30.1 The right of appeal shall be available to members found guilty by the Club Management Committee of an offence against these Rules. Each notice of appeal shall be directed to the Secretary in writing giving details of the grounds for the appeal. An appeal shall be received by the Secretary within seven (7) days of the Club Management Committee decision.30.2 Where a member has been fined he may have his appeal determined by the Executive Committee or in the absence of any of these officers by members of the Club Management Committee selected by the most senior officer available. 30.3 Where a member has been found guilty and is suspended or expelled he may have his appeal determined by a Special General Meeting of members where a majority of two-thirds will be required to over-turn the decision of the Committee. 30.4 Until the hearing of any appeal, the decision of the Club Management Committee shall have full effect but the appellant shall have the right to attend the meeting applicable.
PART “F”31. TRUSTEES31.1 The President and Vice President/s shall be ex-officio trustees of the Club; and all property of the club shall be vested in their trust for and on behalf of the members for the time being, and subject to Part A - 4.1.31.2 Records and documents held in trust may be inspected by Ordinary and Life members of the Club who shall be permitted to copy such records but shall not remove them from trustee possession.32. BANK/INVESTMENTSThe funds of the Club shall be placed in such Bank OR Financial Institution as the Committee may from time to time determine to the credit of the Merriwa AFA Bowling Club and shall be operated upon by cheque, signed by any two of the President, Vice President, Secretary and Treasurer, or by electronic transfer if approved by the Club Management Committee.33. INDEMNITYEach Club Management Committee, and Sub-Committee Member, (indemnified person) is indemnified by the Club against any loss, expense or liability incurred by reason of any act or omission done by the indemnified person in good faith in his or her capacity as a Club Management Committee or Executive Member and the Club will use the funds of the Club for that purpose when required. Subject to cover provided by RAAFA to all its members. Refer to RAAFA Rules 21 (b)34. CLUB COLOURS AND INSIGNIA The Club Colours are as decided at the Annual General Meeting and must incorporate the RAAFA Insignia.
The foregoing rules were adopted at the Annual General Meeting of the Members of the Merriwa A.F.A. Bowling Club on the 10th May 2021
President: __________________
Secretary: