|
SURFERS PARADISE GAME & SPORT FISHING CLUB INC RULES AND BY-LAWS
1. NAME:
2. OBJECTS: (b) To encourage and assist in research programs dealing with the conservation and orderly management of all marine species and the pollution of their habitat. (c) To endeavour to ensure that all members of this association obey the rules as determined herein, both in the letter and spirit and to maintain the highest ethical standard at all times and on all occasions. (d) (i) To remain affiliated with the Q.G.F.A. and to capture fish in accordance with the G.F.A.A. and to observe and abide with the Rules as set down from time to time by the Game Fishing Association of Australia. (ii) To remain affiliated with ANSA and to capture fish in accordance with the current legal requirements pertaining to the area fished and to observe and abide with the Rules as set down from time to time by the Australian National Sportfishing Association Ltd. (e) To keep and maintain records of fish captures and to submit to the proper authorities on behalf of the members, claims for record fish captures. (f) To maintain historical records of the activities of the Association and its members. (g) To engage in competitions with other clubs affiliated through their State Associations with G.F.A.A. and/or ANSA. (h) To promote, enhance and advance the sports of game and sport fish angling by publicity through any lawful current media for the dissemination of news. (i) To provide instructional and social activities for the members of the Association and to award trophies. (j) To accumulate and maintain a history of game and/or sport fishing within the Association for the use and benefit of present and future generations and to develop and support fish tagging programs and other specific data collection evidence. (k) To encourage and promote, within the Association, fair, uniform and ethical angling rules. 3. POWERS: The Association has, in the exercise of its affairs, the powers: (1) To subscribe to, become a member of and to co-operate with any other association, club or organisation, for the purpose of better attaining or otherwise furthering the objects and interests of the Association; and (2) (a) To enter into contracts; and (b) To buy, sell, transfer, assign, mortgage, charge, lease, hire or exchange, deal with all or any part of the property, both real and personal in any manner as is authorised by law; and (c) Make charges for services and facilities it supplies; and (d) To do all such other things as are incidental or conducive to the attainment of the objects of the Association or any other things necessary or convenient to be done in carrying out its affairs. (3) To invest and deal with the money of the Association not immediately required in such manner as may from time to time deemed fit. (4) The association may also issue secured and unsecured notes, debentures and debenture stock for the association. (5) To take over the funds and other assets and liabilities of the present unincorporated association known as the Surfers Paradise Game & Sport Fishing Club. 4. CLASSIFICATION OF MEMBERSHIP: The membership of the Association shall consist of:
(1) (a) Ordinary Game and/or Sport Fish Member;
(2) The number of Ordinary/Family/Junior members shall be unlimited. (3) The number of Life Members shall be unlimited so long as the requirements for admission to life membership are adhered.
(4) (a)
Ordinary
Game and/or Sport Fish
Membership:
(b)
Family Game
Fish Membership:
(c)
Full Family
Game Fish
Membership:
(d) Junior
Game
Fish
Membership:
(e) Family Sport Fish Membership:
(f) Junior Sport Fish Membership;
(g) Sub Junior Sport Fish Membership;
(h)
Honorary
Game and/or Sport Fish
Members:
(i)
Honorary Game and/or Sport Fish
Life Membership: 5. MEMBERSHIP: (1) A person who, on the day the association is incorporated, was a member of the unincorporated association and who, on or before a day fixed by the management committee, agrees in writing to become a member of the incorporated association, must be admitted by the management committee to the same class of membership of the association as the member held in the unincorporated association. (2) A member of the incorporated association who, before becoming a member, has paid the member's annual subscription for membership of the unincorporated association on or before a day fixed by the management committee, is not liable to pay a further amount of annual subscription for the period before the day fixed by the management committee as the day on which the next annual subscription is payable. (3) An applicant for membership of the association, other then the members of the unincorporated association mentioned in subsection (1), must be in writing, on the Associations application form, or in any form as decided by the management committee, be signed by the applicant and the applicant's proposer and seconder. 6. MEMBERSHIP FEES: (1) The membership fees for each class of membership shall be such sum as determined from time to time by the Committee. (2) The Association's year shall commence on the first day of July in each year. All annual subscriptions shall become due on the first day of July each year and shall be payable annually in advance on or before the 31st day of August in each year. (3) If the annual subscription of a Member shall remain unpaid after the 31st day of August the member shall become an unfinancial member and his/her name shall be removed from the register of Members. No unfinancial member shall be entitled to vote at any meeting. (4) Upon any person ceasing to be a member of the association pursuant to these rules shall cease to have any right, title or interest in any of the assets of this association. 7. ADMISSION and REJECTION OF MEMBERS: (1) Applications for membership shall be submitted to the Secretary accompanied by the appropriate membership fees. (2) The Application for Membership shall be considered for membership at the next meeting of the committee held after receipt of the application. (3) If after consideration of the application for membership, the applicant does not receive a majority of the votes of the members present at the meeting at which such application is considered any membership fee paid will be refunded and the member advised in writing accordingly. (4) The Committee shall have the right to refuse any application for membership and it shall not be required to give any reason for doing so. (5) Upon acceptance of an applicant as a member, membership shall commence from the date of acceptance and shall be to the class of membership applied for. (6)All new members details shall be entered by the Honorary Secretary in a register of members to be kept for that purpose. The new Game Fish Member shall be provided with a Membership Folder comprising a copy of the Game Fish Rules and By-Lays of the Club, GFAA Rule Book, QGFA Record Book, Club Capture Book, Boat Activity Book and any other items that the Management Committee may, from time to time, consider appropriate and shall become entitled to full privileges of the Membership Classification which they have been accepted. The new Sport Fish Member shall be provided with a Membership Folder comprising a copy of the Sport Fish Rules and By-Lays of the Club, ANSA Rules and Records, Fishing/Tag Trip Sheets, location and Tag Maps and any other items that the Management Committee may, from time to time, consider appropriate and shall become entitled to full privileges of the Membership Classification which they have been accepted. (7) Should the member be a boat owner, then the name and particulars of the member's vessel shall be entered by the Honorary Secretary in a Register of Members' Boats to be kept for that purpose. 8. TERMINATION OF MEMBERSHIP: (1) A member may resign from the Association at any time by giving notice in writing to the Secretary. (2) Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that date. (3) The management committee may terminate a member's membership if the member (a) is convicted of an indictable offence; or (b) does not comply with any of the provisions of these rules; or (c) has membership fees in arrears for at least 2 months; or (d) whose behaviour, conduct or language, including behaviour towards members or guests, which action may be considered by the Committee as likely to bring discredit to the Association, its members or the sport of Game and/or Sport Fish Angling. (4) Before the management committee terminates a member's membership, the committee must give the member full and fair opportunity to show why the membership should not be terminated. (5) Any Member whose membership has been terminated forfeits all rights in and claim upon the Association and its property. 9. APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP: (1) A person whose membership has been terminated shall be given a full and fair opportunity of presenting his/her case by lodging written notification with the Secretary of the persons intention to appeal against the decision of the Committee. (2) Upon receipt of a notification of intention to appeal the Secretary shall convene, within three months of the date of receipt of such notice, a meeting to determine the appeal. (3) At any such meeting the member shall be given a full and fair opportunity to show why the application should not be rejected or the membership terminated. (4) The Committee or those members who rejected the application or terminated the membership shall also be given the opportunity to show why the application should be rejected or the membership terminated (5) The appeal shall be determined by the vote of the members present at such meeting. (6) If a person whose application has been rejected does not appeal against the decision within one (1) month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the application fee paid by the person. 10. MEMBERSHIP OF MANAGEMENT COMMITTEE: (1) Subject to Subsection (4)(a) the Management Committee of the Association shall consist of a President, Senior Vice-President, Junior Vice-President, Honorary Secretary, Honorary Treasurer, Game Fish Club Captain, Sport Fish Recorder and Sport Fish Tagging Officer all of whom must be members of the Association and elected in accordance with the Rules of the Association. (2) (i) A maximum of five (5) other members of the Association shall form the Game Fish General Committee of the Management Committee all of whom must be Game Fish Members of the Association and elected in accordance with the Rules of the Association. (ii) A maximum of two (2) others members of the Association shall form the Sport Fish General Committee of the Management Committee all of whom must be Sport Fish Members of the Association and elected in accordance with the Rules of the Association. (3) At the Annual General Meeting of the Association, all the members of the Management Committee for the time being shall retire from office but shall be eligible, upon nomination, for re-election. (4) The election of the Management Committee and other members of the Committee shall take place in the following manner: (a) To be eligible for nomination for a position on the Management Committee a member must be affiliated with both Q.G.F.A. and ANSA and have served on the General Committee for a minimum of one (1) year; (b) Any two members of the Association may nominate any other member for any such position; (c) Each nomination, which shall be in writing and signed by the member and his proposer and seconder, shall be lodged with the Secretary at least seven (7) days prior to the Annual General Meeting at which the election is to take place; (d) A list of nominated members names, in alphabetical order, with the proposers' and seconders' names, shall be posted in a conspicuous place in the office of the Association for at least seven days immediately preceding the Annual General Meeting; (e) Only those members who are financial for the year of which the election is to be held shall be entitled to nominate or be nominated for election to any office or any committee; (f) Each member present at the annual general meeting may vote for any number of candidates not more than the number of vacancies; (g) If, at the start of the meeting, there are insufficient nominations for a position then nominations may be taken from the floor of the meeting; (h) If required by the management committee, ballot papers may be prepared containing the names of the candidates in alphabetical order. 11. RESIGNATION OR REMOVAL FROM OFFICE OF MANAGEMENT COMMITTEE MEMBER: (1) A management committee member may resign from the committee by giving written notice of resignation to the secretary. (2) A member may be removed from office if a majority of the members present at the management committee meeting vote in favour of removing the member where the member shall be given a full and fair opportunity to show cause why he or she should not be removed from office. (3) A member has not right of appeal against the member's removal from office under this section. 12. VACANCIES ON MANAGEMENT COMMITTEE: (1) The management committee shall have the power to appoint any member of the association to fill the casual vacancy until the next annual general meeting. (2) The continuing members of the management committee may act despite any casual vacancy on the management committee. However, if the number of committee members is less than the number fixed under these rules as a quorum of the management committee (Rule 14(6)), the continuing members may act only to increase the number of management committee members to the number required for a quorum or for the purpose of calling a general meeting of the association. 13. FUNCTION OF MANAGEMENT COMMITTEE: (1) Subject to these rules and/or subject to a resolution of the members of the association carried at a general meeting the management committee: (a) has the general control and management of the administration of the affairs, property and funds of the association; and (b) has authority to interpret the meaning of these rules and any matter relating to the association on which the rules are silent. (2) The management committee may exercise the powers of the association - (a) to borrow, raise or secure the payment of amounts in a way the association members decide and secure the same or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the association in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the association's property, both present and future or to purchase, redeem or pay off any securities issued; and (b) to borrow amounts from members and pay interest on the amounts borrowed at a rate of interest not exceeding the current rate being charged for overdrawn accounts on money lent by the financial institution for the association, regardless of the term of the loan; and (c) to mortgage or charge the whole or part of its property and to issue debentures and other securities, whether outright or as security for any debt , liability or obligation of the association and to provide and pay off any such securities; and (d) to invest in a way the members of the association may from time to time decide. 14. MEETINGS OF MANAGEMENT COMMITTEE: (1) Subject to subsections (2) to (12), the management committee may meet and conduct its proceedings as it considers appropriate. (2) The management committee shall meet at least once each calendar month to exercise its functions. (3) The committee must decide how a meeting is to be called. (4) Notice of a meeting is to be given in the way decided by the committee. (5) If the secretary receives a written request signed by at least one-third of the management committee members, the secretary must call a special meeting of the committee. Such request must state whey the special meeting is being called and the business to be conducted at the meeting. (6) A member of the Association may at any time submit a Notice of Motion - (a) for consideration at a special meeting of the management committee. Such Notice is to be forwarded to the Secretary in writing clearly stating the motion and the rationale for the motion signed by the proposing member and seconded by another member. The Secretary must, within one month of receipt of such notice of motion, call a special meeting of the management committee and at such meeting the proposer and seconder will be given a full and fair opportunity to present their case at which time the management committee may reject or ratify the motion. If the proposing member disagrees with the decision of the management committee the member may then resubmit the motion at the following annual general meeting; or (b) to the Secretary in writing clearly stating the motion and the rationale for the motion signed by the proposing member and seconded by another member for inclusion on the agenda of the following annual general meeting. (7) At a management committee meeting, more than 50% of the members elected or appointed to the committee as at the close of the last general meeting of the members form a quorum. (8) A question arising at a committee meeting is to be decided by a majority vote of committee members present at the meeting and, if the votes are equal, the question is decided in the negative. (9) The secretary must give not less than one day's notice to members of the management committee of any special meeting of the committee. Such notice shall state clearly the day, time and place of the meeting and the business to be conducted at the meeting. (10) The president or, if the president is not present within 10 minutes after the time fixed for a management committee meeting, the vice-president is to preside as chairperson at the meeting. (11) If the president and senior vice-president are absent from a management committee meeting then the junior vice-president shall preside as chairperson at the meeting. (12) If a quorum is not present within 30 minutes after the time fixed for a management committee meeting called on the request of committee members, the meeting lapses. (13) In all other cases the meeting will stand adjourned to the same day, time and place in the next week, or to such other day, time and place as the management committee may determine, and if at the adjourned meeting a quorum is not present within 30 minutes from the time fixed for the meeting, the meeting shall lapse. 15. DELEGATION OF MANAGEMENT COMMITTEE POWERS: (1) The management committee may delegate the whole or part of its powers to a subcommittee consisting of the association members considered appropriate by the committee. (2) A subcommittee may only exercise delegated powers in the way the management committee decides. (3) A subcommittee may elect a chairperson of its meetings. (4) A subcommittee may meet and adjourn as it considers appropriate. (5) A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative. 16. ACTS NOT AFFECTED BY DEFECTS OR DISQUALIFICATIONS: (1) An act performed by the management committee, a subcommittee or a person acting as a member of the management committee is taken to have been validly performed. (2) Subsection (1) applies even if the act was performed when - (a) there was a defect in the appointment of a member of the management committee, subcommittee or person acting as a member of the management committee; or (b) A management committee member, subcommittee member or person acting as a member of the management committee was disqualified from being a member. 17. RESOLUTIONS OF MANAGEMENT COMMITTEE WITHOUT MEETING: (1) A written resolution signed by each member of the management committee for the time being entitled to receive notice of a committee meeting is as valid and effectual as if it had been passed at a committee meeting that was properly called and held. (2) A resolution mentioned in subsection (1) may consist of several documents in like form, each signed by one or more members of the committee. 18. DUTIES OF OFFICE BEARERS: (1) President: The president shall be the senior executive officer and subject to these rules shall preside at all committee, general and special general meetings of the association. He shall have the right to vote and shall have in the case of equality of voting, a casting vote which he must exercise. (2) Senior Vice-President: In the absence of the president, a senior vice-president shall assume the duties and responsibilities of the president. (3) Junior Vice-President: In the absence of the president and senior vice-president, a junior vice-president shall assume the duties and responsibilities of the president.
(4)
Honorary
Secretary:
The secretary shall be the principal administrative office of the
association, subject to direction of the management committee. The
secretary's duties shall be;
(5)
Honorary
Treasurer:
The treasurer's duties shall be -
(6) Game Fish
Club Captain:
the
game fish
club captain's duties shall be -
(7)
Sport Fish
Recorder: The sport fish recorder's duties shall be -
(8) Sport Fish Tagging Officer: The sport fish tagging
officer's duties shall be -
19. FIRST GENERAL MEETING: (2) The management committee must decide where the meeting is to be held. (3) The business to be conducted at the first general meeting must include the appointment of an auditor. 20. FIRST ANNUAL GENERAL MEETING: The first annual general meeting must be held within 18 months after the day the association is incorporated. 21. SUBSEQUENT ANNUAL GENERAL MEETINGS:
(1) Each subsequent annual general meeting must be held -
(2) The following business must be conducted at each annual
general meeting - 22. SPECIAL GENERAL MEETING:
(1) The secretary shall call a special general meeting by giving
each member 14 days notice of the meeting after - 23. NOTICE OF GENERAL MEETING: (1) The secretary may call general meetings of the association by giving not less than 14 days notice of the meeting to each association member. (2) The management committee may decide the way in which the notice must be given. (3) However, a notice of a meeting called to hear and decide the appeal of a member against the rejection or termination of the member's membership by the management committee or a meeting called to hear and decide a proposed special resolution of the association must be given in writing. 24. GENERAL MEETING PROCEDURES:
(1) At every general meeting, unless otherwise provided by these
rules -
ASSOCIATION: of as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the day of , 20 , and at any adjournment of the meeting. Signed this day of 20 .
Signature * in favour of This form is to be used the resolution. * against
*
Strike out whichever is not wanted. (Unless otherwise instructed,
the proxy may vote as the proxy considers appropriate.); and (2) To ensure the accuracy of the minutes recorded at such meetings, the minutes of every management committee meeting, general meeting, special general meeting and annual general meeting shall be singed by the chairperson of that meeting or the chairperson of the next succeeding meeting, or such other person as the management committee may appoint verifying the accuracy of such minutes. 25. BY-LAWS: (1) The management committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the association, all such By-Laws until revoked shall be binding on all members of the association as if they were contained in these Rules. (2) No proposed amendment or addition once rejected, or ratified, shall be reconsidered at any subsequent meeting within the current fishing year. 26. COMMON SEAL: (1) The management committee must ensure the association has a common seal to be used only under the authority of the management committee and to be kept in safe custody by the management committee. (2) Each instrument to which the seal is attached must be signed by a member of the management committee and countersigned by the secretary or by another member of the management committee or by some other person appointed by the management committee.
27.
FUNDS AND ACCOUNTS: (2) Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the association. (3) All amounts must be deposited in the financial institution account as soon as practicable after receipt. (4) All cheques drawn, other than cheques for wages, allowances or petty cash recoupment, must be crossed 'not negotiable' and must be signed by the Treasurer and any one of the following - President, Senior Vice-President, Junior Vice-President or Secretary or any other member authorised by the management committee for that purpose. (5) All expenditure must be approved or ratified at a management committee meeting.
(6) As soon as practicable after the end of each financial year the
treasurer must ensure a statement containing the following
particulars is prepared - (7) If the association is incorporated within 3 months before the end of the association's financial year, subsection (6) does not apply for the financial year in which the association is incorporated. (8) The auditor must examine the statement prepared under subsection (6) and present a report about it to the secretary before the next annual general meeting following the financial year for which the audit was made. (9) The income and property of the association must be used solely in promoting the association's object and exercising the association's powers. 28. DOCUMENTS: The management committee must ensure the safe custody of books, documents, instruments of title and securities of the association. 29. FINANCIAL YEAR: The financial year of the association closed on the 30th June in each year. 30. ALTERATION OF RULES (1) Subject to the Associations Incorporation Act 1981, these rules may be amended, repealed or added to by a special resolution carried at a general meeting. (2) However an amendment, repeal or addition is valid only if it is registered by the chief executive. 30. WINDING UP: If the association shall be wound up in accordance with Part 10 of the Associations Incorporation Act 1981 and there remains, after satisfaction of all its debts and liabilities, any surplus assets, such surplus assets, under Section 92(3) of the Act, shall not be distributed among the association members but given or transferred to another entity having objects similar to the objects of the association and which rules prohibit the distribution of the entity's income and assets to its members. 31. INDEMNITY OF OFFICERS: The association shall always save harmless and keep indemnified the management committee and each committee/subcommittee member and all of them and their estate or estates from and against all action, claims and demands, charges and expenses, whatsoever which may be instituted against or made upon them in their capacities as members of the management committee or members of committees, in respect of any covenant, act, deed, matter or thing whatsoever lawfully entered into or performed by any or all of them in such capacity in or about the execution of the powers conferred upon them by law or under the Rules of the Association.
|