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CONSTITUTION

Throttlers Rod and Custom Club became an incorporated body on the 10/09/2002. Our Incorporation number is A0043091C.

A requirement of the incorporation is that the club has a constitution. A lot of time and effort went into preparing this constitution. It complies with all the requirements of incorporation.

Please feel free to use our constitution as the basis for your own club. Some recognition of the source would be appreciated.

The club was formed, on the 13th. April 1992, by a group of like-minded individuals, who have a commitment to the sport / hobby of STREET RODDING, and who actively promote good fellowship, skill and sportsmanship among the clubs members and the general community.

1. NAME:

The name of the organisation shall be "THROTTLERS ROD & CUSTOM CLUB INC.", and hereinafter termed "the Club".

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The objectives of the club shall be to; promote and foster the sport / hobby of STREET RODDING; to conduct the operations of the club and its activities in

such a way as to bring about a clearer understanding on the part of the general public, the press and law enforcement agencies of the organised activities of the club.

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1. In these Rules, unless the contrary intention appears –

• "the Act" means the Associations Incorporation Act 1981;
• "Regulations" means regulations under the Act;
• "Relevant documents" has the same meaning as in the Act;
• "Member" means a member of the Club;
• "Committee means the Committee of management of the Club;
• "General Meeting" means a general meeting of members convened in accordance with RULE 17.
• "Financial year" means the year ending on 30 June;
• "Ordinary member of the committee" means a member of the committee who is not an officer of the Club under RULE 9.

(2) In these Rules, a reference to the Secretary of a club is a reference-

b/. and in any other case, to the public officer of the club.

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5. An application of a person for membership of the club must be;

a/. made in writing in the form set out in APPENDIX 1;

b/. lodged with the Secretary of the Club.

(7) The committee must determine whether to approve or reject the application.

a/. notify the applicant in writing of the approval for membership; and

e/. supply to the applicant a copy of the Club Constitution; and

f/. a copy of the Club membership register.

9. The Secretary must, within 28 days after receipt of the amounts referred to in sub-Rule ((8) b/.), enter the applicant’s name in the register of members.

 

10. An applicant for membership becomes a member and is entitled to exercise the rights of membership when his / her name is entered in the register of members.

NOTE: It is essential that a person who doesn’t meet the minimum requirements for new membership be made welcome and is also encouraged and helped to find a vehicle or project that would fit in with the clubs minimum criteria.

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5. ENTRY FEES and ANNUAL SUBSCRIPTION:

(1) The entrance fee is the relevant amount set out in APPENDIX 2.

1. The annual subscription fee shall be set by the committee, and ratified by a 2/3^rd majority vote of financial Club members;

b/. shall be due at the APRIL meeting of each calendar year, and

6. CEASING MEMBERSHIP:

1. A member of the Club who has paid all moneys due and payable by a member to the Club, may resign from the Club by giving one month’s notice in writing to the Secretary of his / her intention to resign.
2. After the expiry of the period referred to in sub-Rule (1);

a/. the member ceases to be a member; and

(4) If a member fails to attend three consecutive meetings with no effort at notification then that member could be seen as having lost interest in the club and will need to state what their intentions are, so as to avoid their membership lapsing or being cancelled.

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7. COMMITTEE OF MANAGEMENT:

1. A committee of management shall manage the affairs of the club.

(3) The Committee;

(4) Subject to section 23 of the Act, the committee shall consist of;

1. The officers of the Club shall be;

a/. a President;

b/. a Vice-President;

c/. a Treasurer;

d/. a Secretary; and

e/. a Sargeant of Arms.

2. The provisions of Rule 10, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of the persons to any other offices referred to in sub-Rule (1).
3. Each officer of the Club shall hold office until the Annual General Meeting (A.G.M.) next after the date of his / her election, but is eligible for re-election.
4. In the event of a casual vacancy, in any office positions referred to in sub-Rule (1), the committee may appoint one of its members to the vacant office position. The member appointed may continue in office up to and including the conclusion of the Annual General Meeting (A.G.M.), next following the date of the appointment.

(5) Duties of the Officers of the Club-

(i). the Vice-President shall perform the duties of the President, if the President is absent or is unable to preside,

The Treasurer of the Club must-

(i). collect and receive all moneys due to the Club and make all payments authorised by the club; and

(ii). keep correct accounts and books showing the financial affairs of the Club, with full details of the receipts and expenditure connected with the activities of the Club; and

(iii). maintain records of all funds derived from entrance fees, annual subscriptions, donations and such other sources as the Committee determines.

(iv). be the primary signatory to all cheques, drafts, bills of exchange, promissory notes and other negotiable instruments.

e/. THE SARGEANT OF ARMS: The Sargeant of Arms shall levy fines or a warning of a fine being imminent, on club members being involved in any kind of activity that would be considered in need of a fine. (Fines are generally seen as "FOR FUN" only and are NOT to be taken seriously.)

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9. ORDINARY MEMBERS OF THE COMMITTEE:

(1). Subject to these Rules, each ordinary member of the committee shall hold office until the Annual General Meeting (A.G.M.), next after the date of the election but is eligible for re-election.

(2) In the event of a casual vacancy occurring, in the office of an ordinary member of the committee, the committee may appoint a member of the club to fill the vacancy. The member appointed shall hold office, subject to these Rules, until the conclusion of the Annual General Meeting (A.G.M.) next following the date of the appointment.

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1. Nominations of candidates for election of officers of the Club or as ordinary members of the committee must be-

a/. made in writing, signed by two members of the Club and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and

b/. delivered to the Secretary of the Club not less than 7 days before the date fixed for the holding of the Annual General Meeting (A.G.M.).

2. A candidate may only be nominated for one office, or as an ordinary member of the committee, prior to the Annual General Meeting (A.G.M.).
3. If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations may be received at the Annual General Meeting (A.G.M.).
4. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
5. If the number of nominations exceeds the number of vacancies to be filled, a ballot must be held.
6. The ballot for the election of officers and ordinary members of the committee must be conducted at the Annual General Meeting (A.G.M.) in such manner as the committee may direct.

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The office of an officer of the Club, or of an ordinary member of the committee, becomes vacant if the officer or member-

a/. ceases to be a member of the Club; or

b/. becomes an insolvent under administration within the meaning of the Corporations Law; or

c/. resigns from office by notice in writing given to the Secretary.

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1. The committee must meet at least three (3) times in each year at such place and such times as the committee may determine.
2. Special meetings of the committee may be convened by the President or by any four (4) members of the committee.

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1. Written notice of each committee meeting must be given to each member of the committee at least two (2) business days before the date of the meeting.
2. Written notice must be given to members of the committee of any special meeting specifying the general nature of the business to be conducted and no other business may be conducted at such a meeting.

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1. Any four (4) members of the committee constitute a quorum for the conduct of the business of a meeting of the committee.
2. No business may be conducted unless a quorum is present.
3. If within half an hour of the time appointed for the meeting a quorum is not present-

a/. in the case of a special meeting – the meeting lapses;

b/. in any other case – the meeting shall stand adjourned to the same time and day in the following week.

4. The committee may act notwithstanding any vacancy on the committee.

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15. VOTING AT COMMITTEE MEETINGS:

1. Questions arising at a meeting of the committee, or at a meeting of any sub-committee appointed by the committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determine.
2. Each member present, at a meeting of the committee, or at a meeting of any sub-committee, appointed by the committee (including the person presiding at the meeting), is entitled to one vote. In the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

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1. The Club in General Meeting may, by resolution, remove any member of the committee before the expiration of the member’s term of office and appoint another member in his or her place to hold office until the expiration of the term of the first-mentioned member.
2. A member who is the subject of a proposed resolution referred to in sub-rule (1) may make representations in writing to the Secretary or President of the Club (not exceeding a reasonable length) and may request that the representations be provided to the members of the Club.
3. The Secretary or the President may give a copy of the representations to each member of the Club or, if they are not so given, the member may require that they be read out at the meeting.

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1. Each General Meeting shall be held on the SECOND Wednesday of each calendar month, unless otherwise specified.
2. The meeting start time shall be 8.00pm.
3. The Secretary of the Club, at least 14 days before the date fixed for holding a General Meeting, must cause to be sent, to each member of the Club, a copy of the minutes of the previous months General Meeting. A notice stating the place, date and the time of the next General Meeting must be included.
4. The General Meeting shall be conducted in the form of a set agenda as prescribed in APPENDIX 6.
5. A member intending to bring any new business before a meeting may notify in writing, or by electronic transmission, the Secretary of that business, who must include that business in the "NEW BUSINESS" section of the Club’s proposed AGENDA.

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1. No item of business may be conducted at a General Meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considering that item.
2. Eleven (11) members personally present (being members entitled under these Rules to vote at a General Meeting), constitute a quorum for the conduct of the business of a General Meeting.
3. If, within half an hour after the appointment time for the commencement of a General Meeting, a quorum is not present-

a/. in the case of a meeting convened upon the request of members, the meeting must be dissolved; and

b/. in any other case, the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members, given before the day to which the meeting is adjourned) at the same place.

4. If at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members personally present (being not less than eight (8)) shall be a quorum.

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1. The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.
2. No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.
3. If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with Rule 17.
4. Except as provided in Rule 18, it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.

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1. Upon any question arising at a General Meeting of the Club, a member has one vote only.
2. All votes must be given personally or by proxy.
3. In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.
4. A member is not entitled to vote at a General Meeting unless all moneys due and payable by the member to the Club have been paid, other than the amount of the annual subscription payable in respect of the current financial year.

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1. If at a meeting a poll on any question is demanded by not less than three (3) members, it must be taken at that meeting, in such a manner as the Chairperson may direct. The resolution of the poll shall be deemed to be a resolution of the meeting on the question.
2. A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.

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If a question arising at a General Meeting of the Club is determined on a show of hands-

a/. a declaration by the Chairperson that a resolution has been-

(i). carried; or

(ii). carried unanimously; or

(iii). carried by a particular majority; or

(iv). lost; and

b/. an entry to that effect in the minute book of the Club is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

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1. Each member is entitled to appoint another member as a proxy by notice to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
2. The notice appointing the proxy must be-

1. The Annual General Meeting shall be held at the JUNE meeting of each calendar year.
2. The notice convening the Annual General Meeting must specify that the meeting is an Annual General Meeting.
3. The ordinary business of the Annual General Meeting shall be-

a/. to confirm the minutes of the previous Annual General Meeting and of any General Meeting held since that meeting; and

b/. to receive from the committee reports upon the transactions of the Club during the last preceding financial year; and

c/. to elect officers of the Club and the ordinary members of the committee; and

d/. to receive and consider the statement submitted by the Club in accordance with section 30 (3) of the Act.

4. The Annual General Meeting may conduct any special business of which notice has been given in accordance with these Rules.

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25. SPECIAL GENERAL MEETINGS:

1. In addition to the Annual General Meeting, any other General Meeting may be held in the same year.
2. All General Meetings other than the Annual General Meeting are Special General Meetings.
3. The committee may, whenever it thinks fit, convene a Special General Meeting of the Club.
4. If, but for this sub-Rule, more than 15 months would elapse between Annual General Meetings, the committee must convene a Special General Meeting before the expiration of that period.
5. The committee must, on the request in writing of members representing not less than 5% of the total number of members, convene a Special General Meeting of the Club.
6. The request for a Special General Meeting must-

a/. state the objects of the meeting; and

b/. be signed by the members requesting the meeting; and

c/. be sent to the address of the Secretary.

7. If the committee does not cause a Special General Meeting to be held, within one month after the date on which the request is sent to the address of the Secretary. The members making the request, or any of them, may convene a Special General Meeting to be held not later than 3 months after that date.
8. If members, in accordance with this Rule convene a Special General Meeting, the committee must convene it. The Club must refund all reasonable expenses incurred, in convening the Special General Meeting, to the persons incurring the expenses.

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26. SPECIAL BUSINESS:

All business that is conducted at a Special General Meeting and all business that is conducted at the Annual General Meeting, except for business conducted under the Rules as ordinary business of the Annual General Meeting, is deemed to be Special Business.

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27. NOTICE TO MEMBERS:

Except for the requirement in rule 17, any notice that is required to be given to a member, by on behalf of the Club, under these Rules may be given by-

a/. delivering the notice to the member personally; or

b/. sending it by prepaid post addressed to the member’s address shown in the register of members; or

c/. facsimile transmission, if the member has requested that the notice be given to him or her in this manner.

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28. DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS:

1. Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been found guilty of conduct unbecoming a member or prejudicial to the interests of the Club, the committee may by resolution-

a/. fine that member an amount not exceeding $500.00; or

b/. suspend that member from membership of the Club for a specified period of time; or

c/. expel that member from the Club.

2. A resolution of the committee under sub-Rule (1) does not take effect unless-

a/. at a meeting held in accordance sub-Rule (3), the committee confirms the resolution; and

b/. if the member exercises a right of appeal to the Club under this rule, the Club confirms the resolution in accordance with this Rule.

3. A member of the committee to confirm or revoke a resolution passed under sub-Rule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-Rule (4).
4. For the purposes of giving notice in accordance with sub-Rule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice-

a/. setting out the resolution of the committee and the grounds on which it is based; and

b/. stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and

c/. stating the date, place and time of that meeting; and

d/. informing the member that he or she may do one or both of the following-

(i). Attend that meeting;

(ii). Give to the committee before the date of that meeting a written statement seeking the revocation of the resolution.

e/. informing the member that, if at that meeting, the committee confirms the resolution, he or she may not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Club in General Meeting against the resolution.

5. At a meeting of the committee to confirm or revoke a resolution passed under sub-Rule (1), the committee must-

a/. give the member, or his or her representative, an opportunity to be heard; and

b/. give due consideration to any written statement submitted by the member; and

c/. determine by resolution whether to confirm or to revoke the resolution.

6. If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Club in General Meeting against the resolution.
7. If the Secretary receives a notice under sub-Rule (6), he or she must notify the committee and the committee must convene a General Meeting of the Club to be held within 21 days after the date on which the Secretary received the notice.
8. At a General Meeting of the Club convened under sub-Rule (7)-

a/. no business other than the question of the appeal may be conducted; and

b/. the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and

c/. the member, or his or her representative, must be given an opportunity to be heard; and

d/. the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.

9. A resolution is confirmed if, at the General Meeting, not less than 2/3^rd of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.

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1. The grievance procedure set out in this Rule applies to disputes under these Rules between-

a/. a member and another member; or

b/. a member and the Club.

2. The parties to the dispute must meet and discuss the matter in dispute, and if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
3. If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
4. The mediator must be-

a/. a person chosen by agreement between the parties; or

b/. in the absence of agreement-

(i). In the case of a dispute between a member and another member, a person appointed by the committee of the Club; or

(ii). In the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).

5. A member of the Club can be a mediator.
6. The mediator cannot be a member who is a party to the dispute.
7. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
8. The mediator, in conducting the mediation, must-

a/. give the parties to the mediation process every opportunity to be heard; and

b/. allow due consideration by all parties of any written statement submitted by any party; and

c/. ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

9. The mediator must not determine the dispute.
10. If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act otherwise at law.

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1. The common seal of the Club must be kept in the custody of the Secretary.
2. The common seal must not be affixed to any instrument, except by the authority of the committee. The affixing of the common seal must be attested by the signatures of two members of the committee or, of one member of the committee and of the Public Officer of the Club.

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In the event of the winding up or the cancellation of the incorporation of the Club, the assets of the Club, after payment of all just debts, shall be donated to a registered charity.

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1. Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Club.
2. All accounts, books, securities and any other relevant documents of the Club must be available for inspection free of charge by any member upon request.
3. A member may make a copy of any accounts, books, securities and any other relevant documents of the Club.

33. ALTERATION OF THE RULES:

These Rules and the statement of purposes of the Club must not be altered except in accordance with the Act.

Compiled by: Terry Crosbie (Secretary) 16/05/2002.

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1. Notify the Registrar within fourteen (14) days of appointment (except as a result of incorporation on an unincorporated association, migration or amalgamation)

(Section 28(1))

2. Notify the Registrar of a change of Public Officer or a change of address within fourteen (14) days of the change.

(Section 28(1))

3. Lodge with the Registrar a notice of special resolution to change the statement of purposes or rules within twenty-eight (28) days of the General Meeting.

(Section 22(3))

4. Make application to the Registrar for approval of a change of name within one (1) month after passing a special resolution to change the association’s name.

(Section 13(2,3(a,c,d,))

5. Lodge with the Registrar the documents required by section 30(4) in respect of the Annual General Meeting within one (1) month or such further period as the Registrar allows.

(Section 30(4))

6. Lodge with the Registrar within fourteen (14) days after the association becomes trustee of a trust, particulars of the trust and a copy of any relevant document.

(Section 16(4))

7. Lodge with the Registrar notice of special resolution relating to the winding up and disposal of surplus assets of the incorporated association within twenty-eight (28) days of passing the resolution.

(Section 33(3))

8. Produce any book required by the Registrar or an authorised officer.

(Section 47(5))

9. Inform the Registrar or an authorised officer, where to the best of the Public Officer’s knowledge or belief a book is at the time of the request.

(Section 47(6))

10. Not hinder or obstruct the Registrar or an authorised officer in the exercise of their powers of inspection.

(Section 47(7))

11. Immediately bring to the attention of the Committee of Management any document served on the association at the Public Officer’s address.

APPLICANT: Date of Birth: .......................

I, ............................................................................ Home Phone No: .................

(Name) Work Phone No: ..................

Mobile Phone No: ................

of, ........................................................................

(Address)

make formal application for membership to Throttlers Rod & Custom Club Inc..

In the event of my admission as a member, I agree to be bound by the rules of Throttlers Rod & Custom Club Inc., for the time said rules are in force.

I, .............................................................., being a member of Throttlers Rod & Custom Club Inc., do hereby nominate the above applicant, who is personally known to me, for membership to Throttlers Rod & Custom Club Inc..

I, .............................................................., being a member of Throttlers Rod & Custom

Club Inc., do hereby second the above nomination of the above applicant, who is personally known to me, for membership to Throttlers Rod & Custom Club Inc..

........................................................................................

(Name)

........................................................................................

(Address)

Fee Amount Paid

ENTRANCE FEE (a first time joining fee) : $20.00 ......................…

ANNUAL SUBSCRIPTION FEE (membership fee): $10.00 .....................….

A.S.R.F. MEMBERSHIP FEE (2 years membership): $66.00 ......................…

TOTAL AMOUNT DUE:- ..........…………

TOTAL AMOUNT PAID:- ........……….…

(Treasurer)