CONSTITUTION AND RULES

Table of Contents

  1. NAME OF THE CLUB

 

  1. DEFINITIONS
  1. OBJECTS

 

  1. MEMBERSHIP
  1. SUBSCRIPTIONS

 

  1. COMMITTEE
  1. COMMITTEE MEMBERS

 

  1. MEETINGS
  1. VOTING

 

  1. QUORUM
  1. FAILURE TO OBTAIN QUORUM

 

  1. AMENDMENTS
  1. SUSPENSION, EXPULSION, GRIEVANCE &DISPUTE PROCEDURES

 

  1. DISSOLUTION
  1. ASSET & FINANCIAL MANAGEMENT

 

 

 

1)      NAME OF THE CLUB

The name of the club shall be 'Nhulunbuy Regional Sports Fishing Club Incorporated'. The short title shall be the NRSFC.

2)      DEFINITIONS

a)   Wherever in these laws the letters NRSFC or the words 'this club' appear, they shall mean the' Nhulunbuy Regional Sports Fishing Club Inc.

b)   'Member' means a person who complies with the definition of amateur fisherman hereinafter contained, and is duly qualified and a financial member of this Club.

c)   An amateur angler is one who is engaged in the sport of angling solely for the pleasure and physical, mental or social benefits they derive there from and to whom angling is nothing more that a recreation. In this context a person exclusively occupied in earning a living as a professional fisherperson shall not necessarily be debarred from becoming a member of this Club. Each application for membership shall be considered on its merits.

d)   Any question arising as to the correct interpretation of any of these rules, or definitions, or any other questions provided for herein shall be dealt with by the Committee.

3)      OBJECTS

a)   To organise, encourage and develop the better acquaintance, good fellowship, and closer comradeship among amateur anglers.

b)   To co‑operate with all research organisations and other bodies whose objects are to further the knowledge of marine fish and the sea.

c)   To affiliate with some, part or all associations as determined by the committee and it’s members. Such associations are (but not limited to) the 'Game Fishing Association of Australia' (GFAA), the 'Australian National Sports Fishing Association' (ANSA), Amateur Fishing Association of the Northern Territory (AFANT), and Northern Territory Game Fishing Association (NTGFA).  Club may obtain approval and or sanctioning of special rules and events for Club competitions.
                       
d)   To keep and maintain all club records & documents for at least 7 years.

e)   To promote the sporting welfare of its members by organising and administrating competitions of all categories, including sponsorship of same.

f)    To protect the rights and privileges of its members.
                       
g)   To do all such other things, as are conducive or incidental to the attainment of the above objects or any of them.

h)   To promote and foster junior membership.

 

4)      MEMBERSHIP

a)   Membership shall be open to all persons subscribing to the objects of the Club and paying the prescribed fee.

b)   No restriction shall be imposed on any person by virtue of religion, political beliefs, sex, nationality, race or age, but the committee shall have the right to refuse membership to any person without assigning any reason thereto.

c)   Membership categories shall be Full, Game Fishing Family, Honorary, Life, and junior membership as described below.

i)    Full Membership: Any individual who pays his/her membership fee and is accepted by the committee.  

ii)   Game Fishing Membership: Any individual who pays his/her membership fee and is accepted by the committee, and holds affiliation with Game & Sports Fishing Associations recognised by the NRSFC.

iii)   Family Membership applies where both adult members of the family are club members, which in turn wavers all junior club membership (free). Juniors however will be required to pay relevant Association fees to enable them to be Game Fishing Club Membership.

iv)  Honorary Membership: Bona fide visitors as decided by the committee.

v) Life Membership: May be granted by a two-thirds majority of the members voting at the Annual General Meeting, to members of at least five (5) years standing who have given exceptional service to the Club.

v)   Junior Membership: Any person under the age of 16 years as of the clubs year commencement as defined in Section 8a of the constitution.

vi)  Pro Rata Membership: Any membership of less than 6 months in any one financial year at rates determined by the committee.

 

5)      SUBSCRIPTIONS

 

The annual subscriptions shall be at such rate as the committee may determine from time to time, subject to confirmation by an Annual General Meeting.

 

 

 

6)      COMMITTEE

a)   At the Annual General Meeting, a committee comprising of the following shall be elected from the financial members and retain office until the subsequent A.G.M.
i)    (See section 7 for position description & details)
ii)   President (7a)
iii)   Vice President (7b)
iv)  Secretary (7c)
v)   Assistant Secretary (7d)
vi)  Treasurer (7e)
vii)  Assistant Treasurer (7f)
viii) Public Officer (7g)
ix)  Committee (7h) (2 or more positions)

b)   The committee shall have the power to co‑opt (2 or more) further committee members and may fill two (2) casual vacancies at any time. An election shall be called for if further vacancies cannot be filled or if the committee cannot function.

c)   An honorary auditor shall be appointed at the Annual General Meeting and before the subsequent Annual General Meeting, or whenever requested by the committee and shall audit the books and accounts of the Club and certify a report on the same.

d)   The committee may appoint sub‑committees with such powers and authorities as are specified by the NRSFC Executive Committee.

e)   The Executive Committee shall comprise of the President, Secretary and Treasurer.

f)    The committee will be responsible for managing all operational and financial aspects of the NRSFC in accordance with the club constitution and guidelines on behalf of all members. In doing so, it must disclose all such activities to any financial member when so requested by the member or at the next general meeting.

g)   All funds and assets of the NRSFC must be managed by the committee on behalf of its members in a responsible and accountable manner. Such management must be endorsed and disclosed at each AGM.

h)   Any funds exceeding normal operational levels will be held in investment or secured accounts to ensure maximum benefits for the club and its members (see section 15).

 

 

 

 

 

7)      COMMITTEE DUTIES

a)   President:

i)    The president shall be the Chief Executive Officer of the Club with power to convene Ordinary and Special Meetings, whether it is a committee or conference and shall be an ex officio member of all sub‑committees.

ii)   The president will preside at all such meetings and upon the minutes being confirmed, shall sign the same.

 

iii)   A casting vote only shall be given by the chair whenever voting is equal.

iv)  The president shall be a signatory when required on cheques drawn by the Club.

v)   The president shall sign all correspondence received and adopted at meetings over which they preside.

b)   Vice President:

The vice president shall assist the president at all meetings. In the absence of the president, the vice president shall preside, conduct business and perform all duties normally required of the president.

c)   Secretary:

The secretary shall be responsible for the performance of all secretarial duties required by the Club excepting those attributable directly to competitions. The secretary shall be an ex officio member of all sub‑committees of the Club. The secretary shall:

i)    Conduct all general correspondence and file all documents connected with Club affairs.

ii)   Hand all monies and accounts received to the treasurer within seven (7) days and dispatch relative receipts upon receipt from the treasurer.

iii)   Compile an Annual Report of the Club's activities incorporating an audited treasurer's financial statement and balance sheet for presentation at the Annual General Meeting of the Club.

iv)  Be a signatory when required to cheques drawn by the club.

v)   Prepare an agenda sheet of the business for discussion at meetings of the Club.

d)   Assistant Secretary:

The assistant secretary shall assist the secretary in all matters of that position.

 

e)   Treasurer:

The treasurer shall attend committee meetings and shall be an ex officio member of all sub‑committees of the Club. The treasurer shall:

i)    Take charge of all monies belonging to the club and shall within seven (7) days of the receipt of monies belonging to the Club, deposit it to the credit of the Club's approved financial institution and issue receipts for the same.

ii)   Keep a correct account of all monies received and extended and shall examine all accounts passed for payment to ensure correct endorsement.

iii)   Be a signatory when required to all cheques drawn by the Club.

iv)  Keep their books regularly posted and shall produce them or hand them over on demand whenever required by the committee or auditors.

v)   Prepare an audited statement of receipts, expenditure and balance sheet for inclusion in the Annual Report.

f)    Assistant Treasurer:

The assistant treasurer shall assist the treasurer in all matters of that position.

g)   Public Officer:

The public officer shall be responsible for the Rules and Regulations of the Club being adhered to and register all financial statements and alterations to the constitution and rules to the registrar’s office. This responsibility is normally undertaken by the Club President or delegated committee person.

h)   Committee:

At least 2 additional positions are available on the NRSFC Committee as non-office bearing positions. More positions can be made available if the committee believes these positions are necessary to complete tasks undertaken by the Club.

 

8)      MEETINGS

a)   Annual General Meeting

i)    The Club's year shall commence on the first day of July and shall end on the 30th day of June the following year.

ii)   The Annual General Meeting will be held as closely as possible to the beginning of the Club's year or following auditing of the financial records.

 

           
iii)   The regular business of the Annual General Meeting which shall take precedence over all other business shall be:

(1)  President's opening remarks.
(2)  Apologies.
(3)  Reading and confirmation of minutes of the preceding Special and/or Annual General Meeting.
(4)  Business arising out of these minutes.
(5)  President's Report.
(6)  Secretary's Report.
(7)  Treasurer’s Report.
(8)  Election of office bearers.
(9)  Election of honorary auditor.
(10)            Notice of Motions.
(11)            General business.

iv)  The committee meetings shall be held at such time and place as the president directs.

v)   Notices of Annual General and Special General Meetings shall be given twenty one (21) days before the date of such meetings. Nominations for office bearers and notices of motions shall be in the hands of the secretary fourteen (14) days prior to the meeting. The secretary shall give notice of nominations of office bearers and notices of motions to all members seven (7) days prior to the meeting. All notices shall be in writing, however, inadvertent omission to give notice to any member shall not invalidate the meeting.

b)  Special General Meeting
i)    Four (4) financial committee members or an application from at least 8 financial members may make a written request to the Committee for a Special General Meeting.
ii)   The request must –
(1)  State the purpose of the special general meeting;
(2)  Be signed by the members making the request and,
iii)   If the Committee fails to convene a special general meeting within 21 days of the lodgement to the Secretary –
(1)  The appeal against the decision of the Committee is upheld; and
(2)  The members who made the request may convene a special general meeting as if they were the Committee.
iv)  If a special general meeting is convened under sub clause (3)(b), the Association must meet any reasonable expenses of convening and holding the special general meeting.

 

v)   The Secretary must give to all members not less than 21 days notice of a special general meeting.
vi)  The notice must specify –
(1)  When and where the meeting is to be held; and
(2)  The particulars of and the order in which business is to be transacted
(3)  Clearly identify any motion or full intent of those calling the SGM.
vii)  A request to hold a SGM cannot be called if based or related to a grievance, complaint or challenge to the management of the current committee in any way. Persons with any such grievance, complaint or challenge must follow all process steps in the Grievance and Disputes Procedures 13.b (1-10) of this constitution.
9)      VOTING

All financial members are eligible to vote at General, Special General and Annual General Meetings. All members will have but one vote. The chairperson may have only a deciding vote.

10)    QUORUM

a)   A quorum of the committee shall consist of >50% of available committee members. “Available” is determined as local Nhulunbuy residents not working at the time of the scheduled meeting or not out of town due to other commitments.

b)   A quorum of the Annual General and Special General meetings shall consist of 20% of “available” (see above) financial members.

11)    FAILURE TO OBTAIN QUORUM

If a quorum is not present within thirty (30) minutes of the advertised time of the meeting, the meeting shall lapse. The meeting will be called for again within fourteen (14) days and should a quorum not be obtained at the subsequent meeting, those members attending such meeting shall be effective, whether or not a quorum as defined in rule 10 is obtained.

12)    AMENDMENTS

a)   The Annual General Meeting shall have power to make new rules, by‑laws or alter or rescind existing ones but no such new rule or by‑law alterations or revisions shall be made without two thirds (2/3) majority of the members voting at a properly convened meeting of which notice has been given as required by these laws.

b)   Notices of motions for any alteration to the constitution, rules and regulations must be in writing and a copy thereof given to the secretary at least twenty one (2 1) days before the meeting at which such motions are to be moved.

 

13)    SUSPENSION, EXPULSION, GRIEVANCE & DISPUTE PROCEDURES.

 

a)   Suspension or Expulsion: Any member may be expelled or suspended from membership for a period not exceeding (12) months at the discretion of the committee at any time, provided that such member shall have a right to be heard and a right of appeal to a general meeting which may confirm, vary or revoke the committee's decision. Voting on this issue shall both in committee and general meeting be by secret ballot and passed by a two-thirds (2/3's) majority at a general meeting. The appellant shall not be entitled to be represented by a solicitor, barrister or other agent.

b)   Grievance and Disputes Procedures.
i)    This clause applies to disputes between –
(1)  A member and another member; or
(2)  A member and the Committee.
ii)   Within 14 days after the dispute comes to the attention of the parties to the dispute, they must meet and discuss the matter in dispute, and, if possible, resolve the dispute. Such disputes must be registered in writing with the Secretary of the Association within 14 days.
iii)   If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days after the meeting, hold another meeting in the presence of a mediator.
iv)  The mediator must be –
(1)  A person chosen by agreement between the parties; or
(2)  In the absence of agreement –
(a)  For a dispute between a member and another member – a person appointed by the Committee; or
(b)  For a dispute between a member and the Committee – a person who is a mediator appointed or employed by the department administering the Act.
v)   A member of the Association can be a mediator.
vi)  The mediator cannot be a party to the dispute.
vii)  The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

 

viii) The mediator, in conducting the mediation, must –
(1)  Give the parties to the mediation process every opportunity to be heard;
(2)  Allow due consideration by all parties of any written statement submitted by any party; and
(3)  Ensure natural justice is accorded to the parties to the dispute throughout the mediation process.
ix)  The mediator must not determine the dispute.
x)   If the mediation process does not result in the dispute being resolved, the parties may seek advice in accordance with the Act or otherwise at law.

14)    DISSOLUTION

In the event of the Club being wound up for any reason, the assets of the Club shall be donated to recognised Northern Territory fishing club, sporting organisation or charitable institution.

 

15)    ASSET & FINANCIAL MANAGEMENT

Management of club assets and funds must be carried out at all times in such a manner to maximise the benefits to all members of the NRSFC.

a)   The NRSFC Asset Register will identify and record all club assets such as:
i)    List all individual donated items of > (greater than) $200 in value
ii)   List any items of > $200 in value purchased by the club by means of club funds or grant of any kind
iii)   Be maintained by the committee on behalf of the members
iv)  Be available for review by any financial club member by the next general meeting following such a request or 7 days, which ever is the lesser.

b)   Any funds exceeding the normal operational levels of the club, as determined by the committee, will be held in a trust fund,  investment or secured accounts to ensure maximum benefits for the club and its members is achieved without risk. Access to these funds will be determined by the committee and must be endorsed at an Annual General Meeting (AGM) or Special General Meeting (SGM). Access to these funds must meet the following criteria for any withdrawal of the principal amount:

i)    Written notification of any withdrawal must be sent to members by means of a letter 28 days before the AGM or SGM called to approve such a withdrawal of club funds.

ii)   Posting public notice each week for four weeks in the Arafura Times or similar recognised local publication prior to the AGM or SGM outlining the intent to withdrawal funds including all details of the amount, purpose and persons so requesting the withdrawal.

 

 

iii)   Signatories for the request to withdrawal funds in the AGM or SGM motion must be the President, Treasurer, Secretary and at least three (3) other current committee members. A total of six (6) different committee signatories are required to authorise the motion that is to be put forward to the members consideration.

iv)  Signatories of the funds account must be the President, Treasurer, Secretary, with all 3 required to sign any authorisation of withdrawal.

v)   Motions passed at an AGM or SGM to withdraw funds must be provided to the financial institution holding such funds to so release these funds.

vi)  All requirements of section 15 of the NRSFC constitution must be met by the motion to withdraw and be included in the account withdrawal requirements of the Clubs secured funds account.

vii)  Interest appreciated from the secured funds is not restricted to the requirements in section 15 b. (1) – (8) of this constitution. Expenditure of the annual interest of the secured funds will be managed by the NRSFC committee and approved at any general meeting.

viii) Funds may be added to the secured funds account at any time, but will require any withdrawal meeting the requirements in section 15 b. (i) – (viii) of this constitution.

ix)  If funds are held on behalf of the NRSFC in a Trust Fund, a board of Directors of that Trust Fund shall comprise of at least 5 members of the club or persons nominated or endorsed by the NRSFC to manage the Trust Fund. All annual earnings of the Trust Fund will be made available to the NRSFC on an annual basis, or within 28 days of earnings being declared. The NRSFC committee and or members will advise if such funds earnings are required to be returned to the club or rolled over to attract compound interest. Investment strategies and activities must be approved by both the NRSFC Committee and Trust Fund Directors.

x)   All Trust Fund activates are to be reported on a annual basis and any increases, adjustments or withdrawals must be in writing from the NRSFC to the NRSFC Trust Fund Directors as per clauses 15 b). (i) – (viii) inclusive, of the NRSFC Constitution.

 

Nhulunbuy Regional Sports Fishing Club
PO Box 870 NHULUNBUY NT 0881
Tel: (08) 8987 8333
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