Rules and Constitution of
CLUBMAN DRIVERS CLUB OF AUSTRALIA Inc
as
amended at its
AGM
on 22 August, 2006
The
name of the Club formed under the amended rules shall be the Clubman Drivers
Club of Australia Incorporated (the Club).
1.
OBJECTIVES
1.1
To promote, foster Clubman Ownership and Motor Sport generally in all its
branches.
1.2
To promote friendship and courtesy on the road, and in competition
between members of the Club.
1.3
To promote and engender social activities.
1.4
To conduct meetings and classes whereby members may obtain knowledge
enabling them to become better drivers and to maintain their vehicles in a high
standard of efficiency.
2.
MEMBERSHIP
2.1
Membership shall be open to any person interested in furtherance of the
objects of the Club. Application
for membership shall be in writing and shall be in such form as the committee
shall determine. All members shall
be elected by the committee of the Club.
2.2
Life membership may be conferred on members at the Annual General Meeting
(AGM), provided due notice has been given in accordance with Article 16.
2.3
Honorary membership may be conferred on non-members by the Executive
Committee for a period not exceeding three calendar months.
2.4
The liability of a member of the Club to contribute towards the payment
of the debts and liabilities of the Club or the costs, charges and expenses of
the winding up of the Club is limited to the amount if any, in unpaid membership
dues.
3.
MANAGEMENT
The
management of the Club shall be vested in the Committee, which shall consist of
the President, Secretary, Treasurer and Editor and not more than 1 ordinary
member of the Club. The President
shall be the Chairman of all meetings except that in his absence the Secretary
shall be Chairman.
4.
COMMITTEE MEETINGS
The
Committee shall meet at least yearly and at such times as decided upon by the
Committee.
5.
OFFICE BEARERS
The
Office Bearers shall be elected at the AGM and shall hold office for a period of
twelve months from the date of election, and they shall consist of the
President, Secretary, Treasurer and Editor and such other member as shall be
decided upon at the AGM. The whole of the Committee shall retire at the end of each
twelve months and shall be eligible for re-election.
Any
Office Bearer or member of the Committee failing to attend three consecutive
committee meetings without apology or just cause shall thereby render himself
liable to exclusion from that office or Committee, by the Committee.
6.
ELECTION OF COMMITTEE
The
election of members of the Committee shall take place in the ensuing manner:
6.1
Any two ordinary members of the Club may nominate a member to serve on
the Committee. Nominations will be
received from the members present at the AGM, with acknowledgement from the
candidate agreeing to serve, if elected.
6.2
If two or more candidates obtain an equal number of votes a further
ballot will be held, restricted to such candidates.
7.
CASUAL VACANCIES
Any
casual vacancy on the Committee may be filled by the Committee and any member so
chosen shall retire at the following AGM but shall be eligible to become a
candidate for election to the Committee at such AGM.
8.
POWERS OF THE COMMITTEE
8.1
The Executive Committee shall have the power to make and publish any
by-laws for the improved management and control of the Club which shall not be
inconsistent with this Constitution, and shall have the power to invite any
other person to attend Committee Meetings who may be of assistance to them in a
professional and skilled manner for his or her advice and guidance thereon,
provided that such person shall not be entitled to a vote upon the Committee.
8.2
The Committee in addition to the powers hereinafter specifically
conferred upon them shall have the control of the finances of the Club, power to
engage, control and dismiss the Club servants and all such administrative powers
as may be necessary to properly carry out the objects of the Club in accordance
with these rules.
9.
BY - LAWS
The
Committee is empowered to make, repeal and amend such by-laws as they may
consider necessary for the proper conduct of the Club.
By-laws made as aforesaid shall have effect until otherwise determined by
the Committee or at an AGM or Extraordinary General Meeting (EGM) of the Club. In particular, but not exclusively, such by-laws may provide
for and regulate -
9.1
The method whereby associate members may be elected to membership and the
Committee and method of election of a committee to manage their affairs.
9.2
The admission of visitors to meetings and benefits of the Club and fees
to be paid by such visitors.
9.3
The provision of fines for the breach of any by-laws.
9.4
Generally all matters as are commonly the subject matter of Rules,
Regulations or By-laws of a Club.
10.
DUTIES OF HONORARY TREASURER.
The
Treasurer shall keep the accounts of the Club and shall make up the annual
Statement of Accounts and Balance Sheet of the Club to the end of June in each
year, which shall, after audit, be typed or printed and circulated amongst the
members at the AGM.
11. FUNDS.
The
funds of the Club are to be derived from entrance fees and annual subscriptions
of members, donations and subject to any resolution passed by the Club in
general meeting, such other sources as the committee determines.
The
funds of the Club shall be banked in the name of the Club, as soon as
practicable and without deduction. The
Club’s bank account shall be operated upon by any two of the President,
Secretary, Treasurer and Editor.
The
Club must, as soon as practicable after receiving any money, issue an
appropriate receipt.
The
Club is prohibited from making any distribution to its members, whether in
money, property or otherwise howsoever, of any asset; provided however, that
this shall not prevent payment in good faith of remuneration to any officers or
servants, or reimbursement of out of pocket expenses incurred in facilitating
the objectives of the Club.
12. ACCOUNTS.
All
accounts for payment shall be presented to the Committee for consideration prior
to passing for payments.
13. AUDIT.
An
Auditor or Auditors shall be elected at each AGM, and it shall be his or their
responsibility to examine all accounts, vouchers, receipt books, etc., and
furnish a report thereon at the AGM. Audits
shall be conducted at regular intervals of 12 months.
14.
FINANCIAL YEAR.
The
financial year of the Club shall conclude on the last day of June
in each year.
15.
DUTIES OF HONORARY SECRETARY.
The
Secretary shall conduct the correspondence of the Club and subject to the
control of the Committee, shall have the custody of all documents belonging to
the Club. Such records, books and
other documents of the Club must be open for inspection, free of charge, by a
member of the Club at any reasonable hour.
The secretary shall keep full and correct minutes of all proceedings of
the Club and of the Committee.
16.
NOTICE OF MEETING.
At
least 14 days clear notice of intention to convene an EGM or an AGM shall be
given by the Secretary to all members. Any
notice of motion intended to be put to the meeting shall be delivered to the
Secretary not later than 21 days prior to the date fixed for the meeting, and
shall be included with the notice for the Meeting.
17.
QUORUM.
At
AGM and EGM, a quorum shall be 7 members present, and at a Committee Meeting 3
Members.
18.
ANNUAL GENERAL MEETING.
The
AGM of the Club shall be held not later than the last day of August
in each year when the Annual Report, Balance Sheet and Auditors Report shall
be presented, and elections held for the Committee.
19.
EXTRAORDINARY GENERAL MEETING.
The
Committee may call an EGM when any question of urgent importance shall arise and
shall be bound to do so on receiving a requisition signed by two-thirds of
Ordinary Members of the Club for a specifically stated purpose, or by a member
who has been expelled by the Committee and has duly given notice of his/her
desire to appeal to an EGM.
20. VOTING.
Any
decisions of the Committee or of the Members at any EGM or AGM save and except
as elsewhere provided otherwise shall be decided by the majority of those
present and voting. The Chairman
has neither a deliberative nor casting vote.
Motions upon which the voting is equally for and against shall be
declared lost.
21.
AMENDMENT OF CONSTITUTION.
The
Constitution may be amended at an EGM or an AGM convened in accord with Article
16, provided that the amendment is approved by at least two-thirds of the
members present and voting at the meeting, and provided that this Article shall
not empower the Club to amend this Constitution as far as it refers to the
provisions set out in Articles 11 (Funds) and 22 (Dissolution).
22. DISSOLUTION.
The
Club shall be dissolved in the event of the Membership being less than 5 persons
or upon the vote of a majority of the Members present at an EGM convened to
consider such question. Upon
dissolution, assets and funds on hand may, after payment of all expenses and
liabilities, be handed over to such other Club or similar Association having
objects such as are stated in Article 1 of this Constitution or such registered
charity as a majority of the Members present at a General Meeting may decide.
23.
PAYMENT OF SUBSCRIPTION.
All
annual subscriptions shall be payable on the first day of July
on which day the financial year shall commence.
Any Member whose subscription is unpaid on the last day of August shall cease to be a Member and the name of such Member shall
be erased from the books of the Club but may be reinstated by the Committee upon
available vacancy and on payment of all arrears. Subscription rates shall be
determined annually at the AGM.
24.
ADDRESSES OF CLUB MEMBERS TO BE REGISTERED.
Every
Member shall communicate his or her address to the Secretary.
Such address shall be inserted in the register of Members and all notices
sent by post to such address shall be deemed to have been duly delivered on the
day following the day of posting. It
shall be the responsibility of all Members to notify the Secretary of any change
of address.
The
register of members will be maintained under the Presidents control and must be
open for inspection, free of charge, by any member of the Club at any reasonable
hour.
25. RESIGNATION.
A
Member may at any time, by giving notice in writing to the Secretary, resign
membership of the Club but shall continue to be liable for any annual
subscription due and unpaid at the date of such resignation.
Any such Member having discharged all liabilities to the Club and wishing
to rejoin may, upon an available vacancy, be proposed and balloted for in
accordance with the rule and the Committee may, at their discretion, excuse
payment of any entrance fee.
26. EXPULSION OF
MEMBERS.
If
any Member shall refuse or neglect to comply with any of the rules or by-laws of
the Club or shall be guilty of conduct which, in the opinion of the Committee is
injurious to the character or interests of the Club, the Committee may call upon
such member to make an explanation either in writing or by personal attendance
before a meeting of the Committee specially called for the purpose and if, after
considering the matter at such meeting, including the explanation (if any)
offered by the member concerned, at least two-thirds of the Members of the
Committee present are of the opinion that the charge has been sustained, the
Committee may, by the affirmative vote of a two-thirds majority, expel such
Member. The Committee shall, in
writing, advise the member concerned of its decision. A member who has been expelled as aforesaid may, within 30
days thereafter give notice in writing to the Secretary, of his/her desire to
appeal against the decision and in that case an appeal may be made to an EGM of
the Club called for that purpose (see Article 16) at which the member shall be
given an opportunity to attend and make a statement. After considering such an appeal, such EGM may affirm or
reverse the decision of the Committee.
27. FORFEITURE OF RIGHTS.
Any Member, in accordance with the rules
or otherwise, ceasing to be a member of the Club, shall forfeit all such rights
to, or claim upon the Club, or its property as he /she otherwise would have by
reason of membership.
28. CLUB PROPERTY.
No Member shall take away or permit to
be taken away from the Club under any pretext whatever, or shall injure or
destroy any newspaper, pamphlet, book or other article the property of the Club.
29. CAMS AFFILIATION.
The club will affiliate with the
Confederation of Australian Motor Sport Ltd and abide by its rules and
constitution and those of the FIA.
Back
to top
