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Download VSDCA Constitution Here TABLE OF CONTENTS
Statement of Purposes
Rules:
1. Name
2. Interpretation
3. Constitution
4. Club Boundaries
5. Register of Members
6. Subscriptions
7. Office Bearers
8. Secretary
9. Vacancies
10. Duties of Assistant Secretary
11. Duties of Treasurer
12. Signing of Negotiable Instruments
13. Auditors
14. Honoraria
15. Committees
16. Executive Committee
17. Investigation Committee
18. Appeals Board
19. Umpires Committee
20. Selection Committee
21. Ex-officio Members to Committee
22. Reviewing Decisions
23. Umpires
24. Meetings
25. Ordinary Meetings
26. Special Meetings
27. Casting Vote
28. Quorum
29. Standing Orders
30. Disputes
31. Appeal Rights
32. Disqualifications
33. Attendance of Delegates
34. Residential Qualification
35. Admittance of New Clubs
36. By-Laws and Pennant Match Rules
37. Common Seal
38. Alteration of these Rules, By-Laws, Pennant Match Rules and Statement of Purposes
39. Notices
40. Operations
41. Winding-Up or Cancellation
42. Custody of Records
43. Funds
44. Public Officer
45. Inspection of Documents
46. Financial Year
47. Further Matters
48. Indemnity
49. Net Profits (Final)
STATEMENT OF PURPOSES 1. The purposes of the Sub-Association shall be the promotion control and management of all pennant and other cricket matches to be played between the Clubs comprising the Sub-Association and of such other matches as shall from time to time be arranged. 2. Solely for the purpose of furthering the purposes set out above the Sub-Association shall have power: (a) To take over the funds and other assets and the liabilities of the present unincorporated association known as the Victorian Sub-District Cricket Association. (b) To indemnify any person for any loss or damage incurred as a result of having on behalf of the unincorporated association become liable to pay any amount by way of damages or otherwise. (c) To subscribe to, become a member of and co-operate with any other association, club or organization, whether incorporated or not, whose objects are altogether or in part similar to those of the Sub-Association provided that the Sub-Association shall not subscribe to or support with its funds any club, association or organization which does not prohibit the distribution of its income and property among its members to an extent at least as great as that imposed on the Sub-Association under or by virtue of the Rules. (d) To buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the Sub-Association or persons frequenting the Sub-Association's premises (e) To purchase, take on lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal, any rights or privileges which may be requisite for the purposes of, or capable of being conveniently used in connection with, any of the objects of the Sub-Association: provided that in case the Sub-Association shall take or hold any property which may be subject to any trusts the Sub-Association shall only deal with the same in such manner as is allowed by law having regard to such trusts. (f) To enter into any arrangements with any Government or Authority that are incidental or conducive to the attainment of the objects and the exercise of' the powers of the Sub-Association; to obtain from any such Government or Authority any rights, privileges and concessions which the Sub-Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions. (g) To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Sub-Association. (h) To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the Sub-Association's interests, and to contribute to, subsidize or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration or control thereof. (i) To invest and deal with the money of the Sub-Association not immediately required in such manner as may from time to time be thought fit. (j) To take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate. (k) To lend and advance money or give credit to any person or body corporate; to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or body corporate, and otherwise to assist any person or body corporate. (l) To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or secure any moneys and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, lien or other security upon the whole or any part of the incorporated association's property or assets present or future and to purchase, redeem or pay-off any such securities. (m) To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments. (n) To sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Sub-Association. (o) To take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the Sub-Association's property of whatsoever kind sold by the Sub-Association, or any money due to the Sub-Association from purchasers and others. (p) To take any gift of property whether subject to any special trust or not, for any one or more of the objects of the Sub-Association but subject always to the proviso in paragraph (e). (q) To take such steps by personal or written appeals, public Meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Sub-Association, in the shape of donations, annual subscriptions or otherwise. (r) To print and publish any newspapers, periodicals, books or leaflets that the Sub-Association may think desirable for the promotion of its objects. (s) To amalgamate with any one or more incorporated associations having objects altogether or in part similar to those of the Sub-Association and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Sub-Association under or by virtue of the Rules. (t) To purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the Sub-Association is authorized to amalgamate. (u) To transfer all or any part of the property, assets, liabilities and engagements of the Sub-Association to any one or more of the incorporated associations with which the Sub-Association is authorized to amalgamate. (v) To make donations for patriotic, charitable or community purposes. (w) To transact any lawful business in aid of the Commonwealth of Australia in the prosecution of any war in which the Commonwealth of Australia is engaged. (x) To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Sub-Association. RULES 1. NAME The name of the Incorporated Association is the Victorian Sub-District Cricket Association Incorporated (in these Rules called the "Sub-Association"). 2. INTERPRETATION In these Rules, unless the contrary intention appears: "Act" means the Associations Incorporation Act 1981. "Association" means the Victorian Cricket Association. "In writing" or "written" includes printed or lithographed or represented or reproduced in a visible form by any means. "Member Clubs" means those clubs with full (and not probationary) membership to the Sub-Association and as at the date of incorporation of the Sub-Association means those clubs specifically listed in Rule 3.2. "Month" means calendar month. "Office Bearers" means the persons elected as such pursuant to Rule 7. "Pennant Matches" means all Premiership pennant matches and includes all finals matches of the Sub-Association. "Pennant Match Rules" means those rules made pursuant to Rule 35 to govern the conduct of the Sub-Association's Pennant Matches. "Probationary Clubs" means those clubs with probationary (and not full) membership to the Sub-Association. "Regulations" mean Regulations under the Act. "Seal" means the Common Seal of the Sub-Association. "Secretary" means the person appointed by the Sub-Association as secretary in accordance with Rule 8. "Special Resolution" means a resolution of the Members of the Sub-Association passed by at least a three-fourths majority vote of those Members of the Sub-Association as being entitled to vote, where the Members vote through their delegates in person or by proxy at a general meeting of which not less than twenty-one (21) days notice specifying the intention to propose the resolution as a special resolution was given in accordance with these Rules. "Sub-Association" means the Victorian Sub-District Cricket Association Incorporated. "The Office" means the registered office of the Sub-Association. In the interpretation of these Rules the words "Club" or "Clubs" shall not unless otherwise expressly stated be deemed to include any of the Probationary Clubs. Words importing the singular number only include the plural and vice versa. Words importing persons include corporations and companies. Words importing the masculine gender only include the feminine. Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Interpretation of Legislation Act 1984 and the Act as in force from time to time. 3. CONSTITUTION
3.1 The Sub-Association shall consist of the Office Bearers of the Sub-Association and such of the following persons and bodies, whether incorporated or unincorporated for the time being as: (a) apply for membership; (b) satisfy the criteria for entry to membership; (c) satisfy the criteria for continued membership; and (d) have not been expelled or suspended from membership or which have not forfeited their membership namely - (i) each of the Member Clubs specifically mentioned in sub-rule 2 together with those Probationary Clubs which are accepted from time to time for full membership of the Sub-Association in accordance with sub-rule 2; (ii) the Victorian Cricket Association; (iii) the Cricket Union of Victoria Inc.; and (iv) the Victorian Country Cricket League Inc.; such persons being referred to in these Rules as "Members". 3.2 As at the date of incorporation of the Sub-Association, the following Cricket Clubs are Members of the Sub-Association; Altona, Balwyn, Bayswater, Box Hill, Brighton, Broadmeadows, Brunswick, Camberwell, Caulfield, Coburg, Croydon, Elsternwick, Frankston, Ivanhoe, Kew, Malvern, Melton, Moorabbin, Mount Waverley, Oakleigh, Ormond, Port Melbourne, Preston, Sunshine, Werribee, Williamstown and Yarraville. The Sub-Association shall also consist of any further Clubs as from time to time are admitted thereto by the Association in accordance with its Articles of Association and By-Laws made thereunder, provided that the Sub-Association shall be consulted by the Association before such admission is finally granted. Any such newly admitted Club to the Sub-Association shall be admitted initially as a Probationary Club for a probationary period of such length as is determined by the Sub-Association, and that upon completion of such probationary period, the Sub-Association may reject or accept such Probationary Club for full membership of the Sub-Association. Provided further that should any Member Club or Probationary Club subsequently be admitted to the Victorian Cricket Association either directly in its own right or as a result of amalgamation, then, at the written request of that Club, it may be permitted to continue with the Sub-Association on a temporary basis for such period and on such terms and conditions as are approved by both the Association and the Sub-Association. 3.3 As at the date of incorporation the qualifications required by the Association pursuant to its Articles of Association and By-Laws thereunder for each Member Club of the Sub-Association are a members roll of at least 50, an income from members subscriptions of at least $500.00 per annum, and the possession or lease of a ground approved by the Association or the Association's Executive Committee ("the Qualifications"). 3.4 If any Member Club or Probationary Club fails to retain any of the Qualifications (as amended from time to time by the Association) other than possession or use of a ground, such Club shall forfeit its membership of the Sub-Association until such qualifications are regained, or at the option of the Sub-Association with the approval of the Association, such Club's membership shall be suspended for such time and on such conditions as the Sub-Association determines. 3.5 Not less than seven (7) days prior to the Annual General Meeting of the Association in each year, each Member Club or Probationary Club shall deliver to the Association's Secretary evidence, in a form approved from time to time by the Association, of such Club's satisfaction of the Qualifications. 3.6 The Annual Meeting of each Member Club and Probationary Club shall be held not later than the 31st day of July in each year. 3.7 The Members other than the Office Bearers shall be entitled to appoint delegates to represent them at all meetings of the Sub-Association as follows: (a) each Member Club shall be entitled to appoint two (2) delegates; (b) the Victorian Cricket Association shall be entitled to appoint one (1) delegate; (c) the Cricket Union of Victoria Inc. shall be entitled to appoint one (1) delegate; (d) the Victorian Country Cricket League Inc. shall be entitled to appoint one (1) delegate. Each delegate shall be entitled to one (1) vote on all questions arising in the Sub-Association. 3.8 During the period of probation by a Probationary Club, each such Club shall be represented on the Sub-Association by two delegates who shall be entitled to take part in all discussions but without power to vote; provided however that upon such Probationary Club being admitted to full membership of the Sub-Association such Club shall there upon ipso facto become entitled to all the powers and privileges conferred on delegates by these Rules. 3.9 Each Member Club and Probationary Club shall appoint their two delegates at their own annual general meetings or by their respective committees prior to the Annual General Meeting of the Sub-Association; and the secretary of each Member Club or Probationary Club shall, prior to the Sub-Association's Annual General Meeting, notify to the Secretary of the Sub-Association, the names of its two delegates for the ensuing season, and at the same time forward to the Sub-Association's Secretary a signed copy of its Statements of Account which have previously been forwarded to the secretary of the Association in satisfaction of sub-rule 5. 3.10 The Association, the Cricket Union of Victoria Inc. and the Victorian Country Cricket League Inc. shall, by their respective secretaries, notify the Secretary of the Sub-Association of the appointment of their respective sole delegates to the Sub-Association. 4. CLUB BOUNDARIES The boundaries for the time being of the respective districts of the Member Clubs or Probationary Clubs shall be as provided in the Pennant Match Rules of the Sub-Association. 5. REGISTER OF MEMBERS 5.1 The Secretary shall maintain a Register of Members in which shall be recorded the full name, address and date of entry of each Member. 5.2 The Secretary shall record the following additional information: (a) the names of the delegates of each Member and of each Probationary Club; (b) the name and address of the secretary of each Member and of each Probationary Club; and (c) the name and address of any other office bearer of each Member and/or each Probationary Club which the Sub-Association may require. 5.3 The Register of Members shall be available for inspection by Members at the address of the Public Officer. 6. SUBSCRIPTIONS 6.1 Each Member Club and Probationary Club, shall, on or before the 1st day of October in each year pay the annual affiliation fee which shall have been determined by the Sub-Association at the previous Annual General Meeting. 6.2 (a) A Member Club or Probationary Club may not retire from the Sub-Association without its permission having first been obtained. (b) A Member Club or Probationary Club retiring from the Sub-Association or ceasing to have the necessary qualifications shall not be entitled to any claim whatsoever upon any of the Sub-Association's moneys, properties or other assets. 6.3 The Sub-Association shall have at any time the right to make such extra levy on the Member Clubs or Probationary Clubs, as it shall determine from time to time. 7. OFFICE BEARERS 7.1 The Sub-Association shall appoint the following Office Bearers: (a) a President (who shall not be a delegate); (b) a Secretary (who shall not be a delegate); (c) two Vice-Presidents (each of whom may be a delegate); (d) a Treasurer (who may be a delegate); (e) an Assistant Secretary (who may be a delegate); (f) a Registration Secretary (who may be a delegate) unless such office is combined with that of Assistant Secretary. 7.2 The Sub-Association may appoint a Patron with such rights and privileges as are determined by the Sub-Association from time to time. 7.3 The affairs of the Sub-Association shall be managed by the Sub-Association, acting in general meeting, except to the extent that the Committees of the Sub-Association are empowered by these Rules to act on behalf of the Sub-Association. 7.4 The Office Bearers of the Sub-Association, the Sub-Association's four (4) delegates to the Association (who must be members of the Sub-Association's Executive Committee (as described in Rule 16) and the Sub-Association's delegate to each of the Cricket Union of Victoria Inc., Victorian Country Cricket League Inc., and the Victorian Youth Council and Coaching Committee shall be elected at the Annual General Meeting of the Sub-Association, and shall hold office until their successors are appointed. 7.5 All nominations for: (a) Office Bearers of the Sub-Association (except Secretary); (b) membership of the Executive Committee; (c) membership of the Umpires Committee; (d) membership of the Selection Committee; (e) the position of Honorary Auditors for the Sub-Association; (f) the position of a delegate for the Sub-Association to any one of the Association, Cricket Union of Victoria Inc. and Victorian Country Cricket League Inc.; must be made in writing by two persons who were delegates to the Sub-Association at the time of signing and counter-signed by the nominee, and delivered to or be forwarded by post to reach the Secretary of the Sub-Association at least five (5) days before the Annual General Meeting. No person shall be elected to more than one of the permanent committees (being the committees referred to in items - (b) and (c) above). 7.6 All elections of Office Bearers, Honorary Auditors, members of all of the Committees referred to in the previous Sub-Rule and of delegates to the Association, Cricket Union of Victoria Inc., Victorian Country Cricket League Inc.; and the Victorian Youth Council and Coaching Committee shall take place at the Annual General Meeting of the Sub-Association, and shall be determined by ballot, if a ballot be necessary. 8. SECRETARY 8.1 The Secretary shall be appointed by the Sub-Association in general meeting. The Secretary shall carry out all lawful directions given at the meetings of the Sub-Association, the Executive Committee, and all other Committees and shall keep up the necessary records including minutes of the resolutions and proceedings of each meeting and the names of those persons present in books provided for that purpose. 8.2 The Secretary shall be appointed at such salary and for such period as the Sub-Association shall determine. 8.3 Should the Secretary resign his office or be removed therefrom the vacancy caused by such resignation or removal shall be filled in such manner as the Sub-Association may direct. 8.4 Pending the filling of the vacant Secretary's position pursuant to sub-rule 3 the Executive Committee may appoint a temporary substitute for the Secretary who shall for the purposes of these Rules be deemed to be the Secretary. Such an appointment will expire on the day of the next ordinary meeting of the Sub-Association. 8.5 The Sub-Association may dispense with the services of the Secretary at any time by giving him one months' notice to that effect, such notice to be in writing and to be signed by the President or one of the Vice-Presidents for the time being of the Sub-Association. 9. VACANCIES 9.1 Any vacancy in any office of the Sub-Association or in membership to any committee or in any representation of the Sub-Association upon any other bodies shall be filled by the Sub-Association at its next ordinary meeting. 9.2 In the event of a vacancy occurring in the office of Assistant Secretary, Registration Secretary or Treasurer, the President shall be entitled to appoint an acting Assistant 9.3 Secretary, Registration Secretary or Treasurer as the case may be, who shall hold office from such appointment until the next ordinary meeting of the Sub-Association. 10. DUTIES OF ASSISTANT SECRETARY The Assistant Secretary and/or Registration Secretary shall perform such duties as the Sub-Association may from time to time allocate to them. 11. DUTIES OF TREASURER 1 1 The Treasurer of the Sub-Association: (a) shall collect and receive all moneys due to the Sub-Association and pay all such moneys into a Bank appointed by the Sub-Association to an account in the name of the Sub-Association and make all payments authorized by the Sub-Association; (b) shall keep correct accounts and books showing the financial affairs of the Sub-Association with full details of all receipts and expenditure connected with the activities of the Sub-Association. 11.2 The Treasurer shall make no disbursements on behalf of the Sub-Association without authority obtained from a meeting of the Sub-Association or, in very urgent cases, from the Executive Committee. 11.3 The accounts and books referred to in sub-rule 1 shall be available for inspection by the Members. 12. SIGNING OF NEGOTIABLE INSTRUMENTS All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by each of the President, the Treasurer and the Secretary or any two (2) of them. 13. AUDITORS Two (2) Auditors who may be delegates to the Sub-Association shall be appointed at the Sub-Association's Annual General Meeting and they shall in each year prior to such Annual General Meeting audit the books of the Sub-Association and submit a certified statement of account at such Annual General Meeting. 14. HONORARIA The Sub-Association shall have the power to grant such honorarium and/or honoraria to any of its Office Bearers or any of the members of the Committees referred to in Rule 1 5 as it deems fit. 15. COMMITTEES There shall be constituted the following Committees to perform the duties delegated to them: (a) an Executive Committee; (b) an Investigation Committee; (c) an Appeals Board (d) an Umpires Committee; (e) a Selection Committee. 16. EXECUTIVE COMMITTEE 16.1 The Executive Committee shall consist of seven (7) delegates (each of whom shall represent a different Member Club); 16.2 At the first meeting of the Executive Committee held after the Annual General Meeting of the Sub-Association the members thereof shall elect a Chairman for the ensuing year. The Chairman shall have a casting vote as well as a deliberative vote. 16.3 In the absence of the Chairman from any meeting an acting Chairman shall be elected from the members present. The acting Chairman shall have a casting vote as well as a deliberative vote at such meeting. 16.4 The duties of the Executive Committee shall be to deal with all correspondence and accounts and any urgent matters requiring attention between the meetings of the Sub-Association, to arrange and manage all of the Sub-Association's Pennant Matches, and to report to the Sub-Association upon any re-adjustment or extension of the boundaries of the districts of the Member Clubs and Probationary Club (if applicable), to prepare and submit to the Sub-Association rules for the conduct of all Pennant Matches, to handle all appeals against decisions made by committees appointed by the Sub-Association in regard to all differences disputes or complaints and disqualifications, and whose decision in respect of these appeals shall be final. 16.5 Four (4) members of the Executive Committee shall form a quorum at any meeting thereof. 16.6 The Executive Committee shall meet at such times and places as it may determine. 16.7 Special meetings of the Executive Committee may be summoned by: (a) the Secretary; or (b) the Chairman; or (c) the Secretary at the request of any two (2) members of the Executive Committee. 17. INVESTIGATION COMMITTEE 17.1 The Investigation Committee shall consist of a panel of five (5) members to be appointed by the Executive Committee on an annual basis (each appointment terminating by the next Annual General Meeting of the Sub-Association), noting that no such panel member shall be: (a) a delegate of any of the Members of the Sub-Association (as defined in Rule 3.1); or (b) an Office Bearer of the Sub-Association (as defined in Rule 7.1); or (c) a person directly connected with a Member Club or Probationary Club of the Sub-Association whether as a member, office bearer, committee member, patron, sponsor or club representative in any capacity whatsoever; or (d) a current member of the Umpires Committee; and the Investigation Committee shall exercise all powers of the Sub-Association and impose any penalties in relation to all disputes, differences or complaints subject to appeal to the Appeals Board, where provided for. 17.2 The Investigation Committee shall hold its first full meeting of panel members within thirty (30) days of being constituted by the Executive Committee, at which meeting such panel members shall elect a Chairman for the ensuing year. The Chairman shall have a casting vote as well as a deliberative vote. Three (3) panel members shall form a quorum at any full meeting of panel members of the Investigating Committee. 17.3 In the absence of the Chairman from any meeting an acting Chairman shall be elected from those members present. The acting Chairman shall have a casting vote as well as a deliberative vote at such meeting. 17.4 Three (3) persons chosen from the panel members of the Investigation Committee shall constitute the Investigation Committee at any meeting thereof summoned pursuant to Rule 17.5 for the purpose of exercising all powers of the Sub-Association and imposing any penalties in relation to any dispute differences or complaints referred to the Investigation Committee. 17.5 Meetings of the Investigation Committee may be summoned by: (a) the Secretary; or (b) the Chairman; or (c) the Sub-Association; or (d) the Secretary at the request of any two (2) panel members of the Investigation Committee. 17.6 The Chairman or acting Chairman of any meeting of the Investigation Committee shall; (a) inform the Secretary of all determinations reached immediately at the conclusion of any such meeting; and (b) forward to the Sub-Association within seven (7) days of any such meeting signed Minutes of Meeting summarizing the proceedings of such meeting and all determinations reached. 18. APPEALS BOARD 18.1 The Appeals Board shall consist of a panel of five (5) members to be appointed by the Executive Committee on an annual basis (each appointment terminating by the next Annual General Meeting of the Sub-Association), noting that no such panel member shall be: (a) a delegate of any of the Members of the Sub-Association (as defined in Rule 3.1); or (b) an Office Bearer of the Sub-Association (as defined in Rule 7.1); or (c) a person directly connected with a Member Club or Probationary Club of the Sub-Association whether as a member, office bearer, committee member, patron, sponsor or club representative in any capacity whatsoever: or (d) a current member of the Investigation Committee; or (e) a current member of the Umpires Committee; and the Appeals Board shall exercise all powers of the Sub-Association and may vary any penalties imposed or impose any additional penalties in relation to all disputes, differences, complaints or matters of player conduct referred to it on appeal. The decision of the Appeals Board shall be final. 18.2 The Appeals Board shall hold its first full meeting of panel members within thirty (30) days of being constituted by the Executive Committee, at which meeting such panel members shall elect a Chairman for the ensuing year. The Chairman shall have a casting vote as well as a deliberative vote. Three (3) panel members shall form a quorum at any full meeting of panel members of the Appeals Board. 18.3 In the absence of the Chairman from any meeting an acting Chairman shall be elected from those members present. The acting Chairman shall have a casting vote as well as a deliberative vote at such meeting.
18.4 Three (3) persons chosen from the panel members of the Appeals Board shall constitute the Appeals Board at any meeting thereof summoned pursuant to Rule 18.5 for the purposes of exercising all powers of the Sub-Association and upholding an appeal, disallowing an appeal and/or varying any penalties imposed by the Investigation Committee in relation to any dispute, difference, complaint or matter of player conduct referred to the Appeals Board. 18.5 Meetings of the Appeals Board may be summoned by: (a) the Secretary; or (b) the Chairman; or (c) the Sub-Association: or (d) the Secretary at the request of any two (2) panel members of the Appeals Board. 18.6 The Chairman or acting Chairman of any meeting of the Appeals Board shall: (a) inform the Secretary of all determinations reached immediately at the conclusion of any such meeting; and (b) forward to the Sub-Association within seven (7) days of any such meeting signed Minutes of Meeting summarising the proceedings of such meeting and all determinations reached. 19. UMPIRES COMMITTEE An Umpires Committee shall be constituted on such terms as is determined by the Sub-Association from time to time in general meeting. 20. SELECTION COMMITTEE 20.1 The Selection Committee shall consist of three (3) members (not necessarily delegates to the Sub-Association) who shall from time to time be elected by the Sub-Association, who shall hold office at the will of the Sub-Association, and whose duties shall be to select players for all matches (other than Pennant Matches) to be played under the auspices of the Sub-Association. 20.2 Players chosen under the foregoing sub-rule shall hold themselves at the disposal of the Sub-Association when called on, and on failing to do so without satisfactory reason being given, shall be disqualified or otherwise dealt with as the Sub-Association may determine. 21. EX-OFFICIO MEMBERS TO COMMITTEES The President and the Treasurer shall be Ex-Officio members with a deliberative vote on each of the Committees referred to in Rule 15 excepting the Investigation Committee and the Appeals Board. 22. REVIEWING DECISIONS The Sub-Association shall be entitled to review and/or override any decision and/or action of any Committee except where it is expressly stated in these Rules or By-Laws and/or Pennant Match Rules made hereunder that the decision of the Executive and/or Appeals Board shall be final. 23. UMPIRES The Umpires for all matches including Pennant Matches played under the management of the Sub-Association shall be appointed by the Sub-Association and their fees shall be fixed by it and borne and paid (unless otherwise decided by the Sub-Association) equally by each of the Clubs competing in a match. 24. MEETINGS 24.1 The Annual General Meeting of the Sub-Association shall be held on the second Wednesday in August of each year unless otherwise determined by the Sub-Association and at least seven (7) days notice of which shall be given in writing to the secretary of each Member Club and Probationary Club in the Sub-Association and to all other Members of the Sub-Association notifying the date, time and place of such meeting. 24.2 The names and addresses of the delegates of each Member Club and Probationary Club for the coming year must be received by the Secretary of the Sub-Association not later than six (6) days before the Annual General Meeting of the Sub-Association. 24.3 The purpose of the Annual General Meeting shall be to receive the Annual Report on the previous season and the Financial Statements duly audited, to elect Office Bearers of the Sub-Association and members of the various Committees, to receive and consider the statement submitted by the Sub-Association in accordance with Section 30(3) of the Act, to appoint an Auditor or Auditors and to transact such other business as may be brought before the Annual General Meeting in accordance with these Rules or By-Laws of the Sub-Association made hereunder. 25. ORDINARY MEETINGS Ordinary meetings of the Sub-Association shall be held on the second Wednesday in each month during the cricket season and/or on such other days as the President and Secretary may deem necessary. In the event of such second Wednesday being a public holiday, then such meeting shall be held on the first Wednesday thereafter which is not a public holiday or upon such other day as the Sub-Association by resolution appoints. 26. SPECIAL MEETINGS The Secretary shall, if directed by the President, or the Sub-Association, or the Executive Committee or if so required by a written requisition signed by not less than one-fourth of the total number of delegates of the Members of the Sub-Association, within seven (7) days of the receipt of such requisition, call a Special Meeting by circular setting forth the object of such meeting. A Notice in writing thereof shall be given to each delegate at least two (2) clear days prior to such meeting except in the case of meetings contemplated by Rule 37 when twenty-one (21) days notice in writing shall be given. 27. CASTING VOTE The President or Chairman (unless he is a delegate) shall at all meetings of the Sub-Association, not be entitled to a deliberative vote, but shall have a casting vote. 28. QUORUM One-half of the whole of the delegates of the Members of the Sub-Association present at any meeting in person or by proxy shall form a quorum. 29. STANDING ORDERS 29.1 If after half an hour subsequent to the time fixed for any meeting of the Sub-Association or any of the Committees' established pursuant to these Rules a quorum is not present such meeting shall lapse. 29.2 The President shall preside at each meeting of the Sub-Association but in the event of the absence of the President from any meeting a Chairman for such meeting shall be elected under the presidency of the Secretary. 29.3 The order of the business at ordinary meetings of the Sub-Association shall be: (a) reading and confirmation of Minutes of any previous meeting of the Sub-Association not already confirmed; (b) business arising out of the Minutes (c) correspondence; (d) financial statement; (e) reports; (f) motions on notice; (g) general business provided that in order to deal with matters of extreme urgency the order of business may be altered by vote of the Sub-Association. 29.4 Every motion or question submitted to any meeting of the Sub-Association shall be decided by show of hands unless a ballot demanded by not less than five delegates. 29.5 Each delegate, on speaking, shall rise and address himself to the President or Chairman. No delegate shall speak for a longer period than five minutes except by consent of the President or Chairman. During the time any delegate is speaking all other delegates shall remain seated. When the President or Chairman rises to speak no one shall continue standing nor shall any one rise until the chair has been resumed. The Sub-Association may, by vote resolve itself into a Committee of the whole Sub- Association, and whilst in Committee there shall be no restriction as to the number of times a delegate may speak to the motion or question under discussion. 29.6 The mover of every original motion but not of an amendment (unless it becomes a motion) shall have the right to reply, not introducing therein any new matter, and confining himself strictly to the answering of the previous objections, immediately after which the motion or question shall be put by the President or Chairman. No other delegate shall be allowed to speak more than once on the same motion or question, unless permission is given to explain, or the attention of the President or Chairman is called to a point of order. 29.7 When an amendment is moved upon a proposition or motion no further amendment shall be moved or taken into consideration until the first is disposed of; any number of amendments may be brought forward in succession but if an amendment be affirmed, it shall form the proposition or motion under consideration, whereupon further amendments may be moved, and if, after the disposal of any amendment, no second or further amendments be moved, the question must ultimately be put upon the original or amended proposition or motion as the case may be. 29.8 All motions, whether original ones or amendments, shall, if the President or Chairman request it, be reduced in writing signed by the mover and handed to the Secretary. 29.9 If the President or Chairman at any meeting of the Sub-Association be of an opinion that any motion proposed is of an objectionable character, it shall be competent for him, either before or after the same is brought forward, to put it to the vote (on which no discussion shall be allowed), whether the same be entertained or not, and if the delegates present decide not to entertain such motion the same shall be considered disposed of for that meeting. 29.10 Any decision or ruling of the President or Chairman may be dissented from and overruled by a majority of the delegates present, but the motion of dissent from such decision or ruling shall not be spoken to except by the moving dissentient whose remarks must be confined to a period of five minutes, and by the President or Chairman. 29.11 No delegate may leave the room during a meeting of the Sub-Association except with the permission of the President or Chairman. 29.12 A resolution shall not be rescinded at the meeting of the Sub-Association at which it has been passed unless the motion to rescind shall be carried by three-fourths of the delegates present. 29.13 Subject to these Rules it shall be mandatory on each delegate to register his vote on every motion or question put by the President or Chairman at any meeting unless his explanation for failing to do so is satisfactory to the President or Chairman. 30. DISPUTES 30.1 The Sub-Association shall, as hereinafter provided, have power to enquire into and determine all disputes, differences and complaints which may arise between or concerning any of the Member Clubs or Probationary Clubs playing under the control of the Sub-Association or their-players or members, in connection with any matches played by or arranged by the Sub-Association between such Clubs, and if it deems fit to fine, disqualify or otherwise deal with any Club, player or member concerned; and the Sub-Association may delegate such powers or any of them to any committee or committees to be appointed by the Sub-Association. 30.2 Notwithstanding anything stated in sub-rule 1 the Sub-Association may rule that a prima facie case exists to be heard. 30.3 The Sub-Association may from time to time appoint from the delegates to the Sub-Association such committees or sub-committees as it deems necessary with such powers as the Sub-Association may delegate to them. 30.4 All disputes, differences or complaints referred to the Sub-Association shall be decided by the Sub-Association in accordance with the provisions of this Rule and any Member Club or Probationary Club refusing to abide by and/or failing to comply with the decision on any dispute, difference or complaint so referred within one month from notice being given of such decision shall cease to belong to and have representation on the Sub-Association, and shall forfeit all its rights and privileges, and shall be disqualified from any future representation thereon until amends be made to the satisfaction of the Sub-Association; and any player refusing to abide by or comply with such decision shall be dealt with in such manner as the Sub-Association shall deem fit, but any delegate of a Member Club being a party to the dispute, difference or complaint shall not have a vote on the decision thereon. 30.5 In all cases of dispute, difference or complaint the complaining Member Club or Probationary Club shall deposit with the Secretary such sum as determined by the Sub-Association from time to time (and if not otherwise determined a sum of $10.00), which, in case of the dispute, difference or complaint, be deemed by the hearing body to be frivolous shall be forfeited. The Secretary immediately on receiving notice of any such dispute, difference or complaint shall, unless otherwise provided for in the By-Laws or Pennant Match Rules made hereunder, furnish a copy of same to each interested Member Club or Probationary Club together with a notification as to when the matter will be dealt with. 30.6 All differences, disputes or complaints arising between players of a Member Club or Probationary Club and an association and/or club not of the Sub-Association may be referred to the Investigation Committee of the Sub-Association for determination. 31. APPEAL RIGHTS After the determination by a committee of the Sub-Association of any dispute, difference or complaint contemplated by Rule 30 or any matter of misconduct contemplated by Rule 32, the player or Member Club or Probationary Club against whom such determination is given shall have the right of appeal to the Appeals Board. The Appeals Board’s determination of such appeal shall be final and binding on any such player or Member Club or Probationary Club. Provided, however, that the Sub-Association shall have the power to suspend any member, player or Member Club or Probationary Club pending the hearing of such appeal.
32. DISQUALIFICATIONS
32.1 Any player complained of for disputing an Umpire's decision on the cricket field during a match or otherwise misconducting himself may if found guilty be disqualified from taking part in any match played under the Sub-Association's auspices for such time as may be decided upon or may be otherwise dealt with. 32.2 Any Member Club or Probationary Club or a member of any such Club shall be liable to be fined a sum not exceeding such sum as is determined by the Sub-Association from time to time (and if not otherwise determined a sum not exceeding $50.00), or to be suspended during the pleasure of the Sub-Association in the event of such Member Club or Probationary Club or a member of any such Club, violating these Rules or By-Laws or Pennant Match Rules made pursuant to these Rules, or neglecting to comply with the Sub-Association's lawful directions, subject to a right of appeal, where provided for, to the Appeals Board, whose decision shall be final. 32.3 Any Member Club or Probationary Club, while under suspension, shall cease to enjoy all the rights and privileges held by such Club under the Sub-Association, other than a right of appeal under sub-rule 5 and any such Club shall during such suspension cease to be entitled to representation on the Sub-Association. 32.4 No application for the removal of the disqualification or suspension or penalty passed on any Member Club or Probationary Club, or any representative, player or member of such Club shall be dealt with unless seven (7) days notice shall have first been given in respect of any penalty imposed pursuant to Rule 30 or by 12.00 noon on the day following the decision in respect of Rule 32 having been given to the Sub-Association of such application. 32.5 No disqualification or suspension or penalty passed on any Member Club or Probationary Club or any representative player or member thereof, and not varied upon appeal where provided for, shall be removed or altered unless some fresh evidence is adduced in support of same. 32.6 Any delegate who, in the opinion of the Executive Committee after hearing such delegates' evidence, has at any time or in any manner misused or abused the privilege of holding the medallion issued to him by the Association, shall be guilty of an offence against the Sub-Association, and shall be liable to suspension by the Sub-Association during its pleasure, and/or may be dealt with the Sub-Association in such manner as the Sub-Association may deem fit. 32.7 No person reported as an unfinancial member of any Member Club or Probationary Club shall be allowed to take part in the Sub-Association's Pennant Matches. Any Member Club or Probationary Club desirous of furnishing to the Sub-Association a list of its unfinancial members must do so on or before the first day of October in each year. On receipt of such list, the Secretary of the Sub-Association shall forward a copy thereof to the secretary of the Association, the secretary of the Cricket Union of Victoria and the secretary of each of the remaining Member Clubs and/or Probationary Clubs, and while the default continues, any Member Club or Probationary Club which includes any player so reported in its team for a Pennant Match shall, irrespective of the scores, lose such match. 32.8 Any player suspended or disqualified shall not be allowed to play with any Member Club or Probationary Club represented on the Sub-Association or in any match played under its auspices until such suspension or disqualification has expired or been removed. Any player reported as unfinancial may, however, appeal to the Executive Committee whose decision shall be final. 33. ATTENDANCE OF DELEGATES 33.1 In the event of the absence of any delegate in person or by proxy from two (2) consecutive meetings (exclusive of special meetings) without leave of the Sub-Association, such delegate shall forthwith cease to be a representative of a Member of the Sub-Association and upon written notification thereof from the Secretary the Member which he represented shall prior to the next meeting of the Sub-Association re-appoint him or appoint some other person as a delegate in his stead. In the event of the death or resignation of any delegate the Member concerned shall appoint another delegate in his stead, such appointment shall be notified to the Secretary of the Sub-Association within forty-eight hours of such appointment. No delegate shall be represented by a proxy at any meeting of the Sub-Association for more than two successive meetings without the permission of the Sub-Association. 33.2 The Secretary shall forthwith give notice to the secretary of any Member Club or Probationary Club of the absence from two consecutive ordinary meetings of either or
both of its delegates as the case may be. Any Member Club or Probationary Club which shall fail to be represented at three (3) consecutive ordinary meetings of the Sub-Association shall at the option of the Sub-Association cease to belong thereto and shall forfeit all its rights therein. 33.3 In the event of expected unavoidable absence of any delegate from any meeting of the Sub-Association, such delegate or any office bearer of the Member he represents, may under his hand appoint in writing for the meeting then about to be held some office bearer or other member of the governing body of his Club, Association, Union or League to act as proxy for such absent delegate and such proxy, upon lodging with the Chairman of such meeting the written appointment before referred to, may act and vote as such delegate might or could have if present. 34. RESIDENTIAL QUALIFICATION 34.1 Unless exempted by the Executive Committee under the Pennant Match Rules, to be eligible to play cricket with a Member Club or Probationary Club in any match under the auspices of the Sub-Association, a player must be a bona fide resident in the state of Victoria. 34.2 The Executive Committee shall have power to enquire into and determine the residential bona fides of any player seeking registration with the Sub-Association to play cricket under its auspices.
35. ADMITTANCE OF NEW CLUBS No additional Club shall be recommended by the Sub-Association to the Association for admittance to the Sub-Association nor shall the Sub-Association be disbanded except upon a Special Resolution of the Members of the Sub-Association. 36. BY-LAWS AND PENNANT MATCH RULES 36.1 In order to facilitate the Sub-Association in the furtherance of its objects, in the conduct of its business, in the regulation of its affairs and in the carrying out of its duties the Sub-Association may make By-Laws and/or Pennant Match Rules not inconsistent with these Rules or the Sub-Association's Statement of Purposes, or the Memorandum. and Articles of the Association, and the 'Sub-Association may alter such By-Laws or Pennant Match Rules as the occasion may require. 36.2 All By-Laws and/or Pennant Match Rules made pursuant to sub-rule 1 and for the time being in force shall be binding on the Members of the Sub-Association excepting that all By-Laws (but not Pennant Match Rules) shall not become effective until sanctioned by the Association. 37. COMMON SEAL The Common Seal of the Sub-Association shall be kept in the custody of the Secretary. The Common Seal shall not be affixed to any instrument except by authority of the Sub-Association and the affixing of the Common Seal shall be attested by the signature of any two of the President, Secretary and Treasurer from time to time. 38. ALTERATION OF THESE RULES, BY-LAWS, PENNANT MATCH RULES AND STATEMENT OF PURPOSES 38.1 These Rules and the Statement of Purposes of the Sub-Association shall not be altered in any way except upon a Special Resolution of the Members of the Sub-Association. 38.2 All By-Laws and Pennant Match Rules of the Sub-Association shall not be altered in any way except upon a resolution passed by a majority of the whole of the Sub-Association. 38.3 Any Member who proposes that any alterations be made to these Rules, By-Laws, Pennant Match Rules or the Statement of Purposes of the Sub-Association shall give notice to the Secretary setting out the details of the proposed alterations by the 21st day of April in each year. 38.4 When the Secretary receives notice in accordance with sub-rule 3, he shall as directed by the Executive Committee and subject to sub-rule 5 as soon as practicable, convene a special meeting of the Sub-Association and shall not less than twenty-one (21) days prior to the date fixed for such meeting give notice to all Members of the details of the proposed alteration. 38.5 Any alterations to these Rules, By-Laws or Statement of Purposes shall not become effective until sanctioned by the Association. 38.6 Any alterations to Pennant Match Rules made hereunder shall immediately become effective on such date as specified by the special meeting of the Sub-Association. 39. NOTICES 39.1 A Notice may be served by or on behalf of the Sub-Association upon any Member either personally or by sending it by post to the Member at his address showing in the Register of Members or in the case of a delegate of such Member by sending it by post to the delegate's address as shown in the Register of Members. 39.2 Any Notice required under these Rules to be given by a Member may, in the case of a Member Club be given by the secretary of such Club. 39.3 Where a document is properly addressed, pre-paid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post. 40. OPERATIONS The income and property of the Sub-Association shall be used and applied solely in promotion of its purposes as set out in the Statement of Purposes and in exercise of its powers as set out herein and no proportion thereof shall be distributed paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the Members of the Sub-Association provided that nothing herein contained shall prevent the payment in good faith of interest to any such Member in respect of moneys advanced by him to the Sub-Association or otherwise owing by the Sub-Association to him or of remuneration to any employees or servants of the Sub-Association or to any Member of the Sub-Association or other person in return for any services actually rendered to the Sub-Association provided further that nothing herein contained shall be construed so as to prevent the payment or re-payment to any Member of out-of-pocket expenses, money lent, reasonable and proper charges for goods hired by the Sub-Association or reasonable and proper rent for premises demised or let to the Sub-Association or the provision of services to a Member to which he would be entitled in accordance with the purposes if he were not a Member. 41. WINDING-UP OR CANCELLATION If the Sub-Association shall be wound-up in accordance with the provisions of the Act and there remains, after satisfaction of all its debts and liabilities, any property, whatsoever, the same shall be given or transferred to some other institution or institutions having purposes similar to the purposes of the Sub-Association, and which prohibits the distribution of its income and property amongst it or their members to an extent at least as great as is imposed on the Sub-Association under or by virtue of these Rules; such institution or institutions to be determined in accordance with a Special Resolution of the Members of the Sub-Association or in the absence of a Special Resolution of the Members, by the Registrar pursuant to the Act. 42. CUSTODY OF RECORDS Except as otherwise provided in these Rules, the Secretary shall keep in his custody or under his control all books, documents and securities of the Sub-Association. 43. FUNDS The funds of the Sub-Association shall be derived from annual affiliation fees, donations, levies, dividends and such other sources as the Sub-Association determines from time to time. 44. PUBLIC OFFICER If the office of public officer of the Sub-Association at any time becomes vacant, the Executive Committee shall within fourteen (14) days after the vacancy arises, appoint a person to fill the vacancy. Such appointment must be ratified by the next general meeting of the Sub-Association. The Sub-Association in general meeting shall have the power to appoint a public officer if at any time the Executive Committee has not done so. 45. INSPECTION OF DOCUMENTS The Members of the Sub-Association shall have the right to inspect the books and documents of the Sub-Association on giving reasonable notice to the Secretary of their intention to do so, provided that if the Executive Committee is of the opinion that the disclosure of certain books and records of the Sub-Association would be to the prejudice of the interests of the Sub-Association as a whole, it may refuse to make those books and records available to Members for their inspection, but shall give their reasons for so doing. 46. FINANCIAL YEAR The financial year of the Sub-Association shall end on the 31st May in each year. 47. FURTHER MATTERS In the event of any question arising not provided for in these Rules the Sub-Association shall have power to decide such question. 48. INDEMNITY Every delegate, the Secretary and other Office Bearer or servant of the Sub-Association shall be indemnified by the Sub-Association against, and it will be the duty of the Sub-Association out of the funds of the Sub-Association to pay all costs, losses and expenses which any such delegate, the Secretary, the Office Bearer or servant may incur or be liable by reason of any contract entered into or act or deed done by him as such delegate, Secretary, Office Bearer or servant or in any way in the proper discharge of his duties and the amount for which such indemnity is provided shall immediately attach as a lien on the property of the Sub-Association and have priority between the Members over all other claims. 49. NET PROFITS (FINAL) Subject always to Rule 39, the net profit of any final match shall be appropriated in such manner as may be authorized by a Special Resolution of the Members of the Sub-Association. The catchwords or headings in the margin of these Rules shall not be taken as part thereof or in any manner affecting interpretation or construction of the same.
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