IPSWICH and WEST MORETON CRICKET ASSOCIATION MANUAL - Inc. Issue 8.0 8 July 2019 - Cricket Australia
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IPSWICH and WEST MORETON CRICKET ASSOCIATION Inc. (Inc. No. 5072) MANUAL Issue 8.0 8 July 2019
IWMCA - Manual 8 July 2019 Issue 8.0 Issue History Issue Issue Date Description of Change Number 1.0 01 June 1996 Original Issue 2.0 Unknown Date 2008 Approved Amendments – Revised Issue 3.0 Unknown Date 2009 Approved Amendments – Revised Issue 4.0 Unknown Date 2011 Approved Amendments – Revised Issue 5.0 15 August 2016 Approved Amendments – Revised Issue 6.0 15 August 2017 Approved Amendments – Revised Issue 7.0 16 July 2018 Approved Amendments – Revised Issue 8.0 8 July 2019 Approved Amendments – Revised Issue ii
IWMCA - Manual 8 July 2019 Issue 8.0 Table of Contents TITLE PAGE 1. RULES………………. ............................................................................................................................ 6 1.1 NAME…………….. ...................................................................................................................................... 6 1.2 OBJECTS…………… ..................................................................................................................................... 6 1.3 POWERS…………… ..................................................................................................................................... 6 1.4 AFFILIATION .............................................................................................................................................. 8 1.4.1 Affiliation of Clubs........................................................................................................................................... 8 1.4.2 Affiliation of other bodies ............................................................................................................................... 8 1.5 MEMBERSHIP ............................................................................................................................................ 8 1.6 ADMISSION AND REJECTION OF MEMBERS ...................................................................................................... 9 1.7 REGISTER OF MEMBERS .............................................................................................................................. 9 1.8 ANNUAL GENERAL MEETING ........................................................................................................................ 9 1.9 GENERAL MEETING .................................................................................................................................. 10 1.10 ALTERATIONS OF RULES ............................................................................................................................ 11 1.11 COMMON SEAL ....................................................................................................................................... 12 1.12 DOCUMENTS........................................................................................................................................... 12 1.13 FUNDS AND ACCOUNTS ............................................................................................................................. 12 1.14 FINANCIAL YEAR ...................................................................................................................................... 13 1.15 MEMBERSHIP OF MANAGEMENT COMMITTEE ............................................................................................... 13 1.16 FUNCTIONS OF THE MANAGEMENT COMMITTEE ............................................................................................ 14 1.17 MEETINGS OF THE MANAGEMENT COMMITTEE ............................................................................................. 14 1.18 ACTS OF THE MANAGEMENT COMMITTEE..................................................................................................... 15 1.19 WRITTEN RESOLUTIONS OF MANAGEMENT COMMITTEE ................................................................................. 15 1.20 RESIGNATION/REMOVAL FROM MANAGEMENT COMMITTEE............................................................................ 15 1.21 VACANCIES ON MANAGEMENT COMMITTEE.................................................................................................. 15 1.22 SUB-COMMITTEE ..................................................................................................................................... 15 1.23 BY-LAWS…………..................................................................................................................................... 16 1.24 STANDING ORDERS .................................................................................................................................. 16 1.25 DISTRIBUTION OF SURPLUS ASSETS.............................................................................................................. 16 2. BY-LAWS……………. ........................................................................................................................ 17 2.1 MANAGEMENT ........................................................................................................................................ 17 2.2 MANAGEMENT COMMITTEE ...................................................................................................................... 17 2.3 APPEALS…………… ................................................................................................................................... 17 2.4 AFFILIATION ............................................................................................................................................ 18 2.5 FINANCIAL……......................................................................................................................................... 18 2.6 UNFINANCIAL MEMBERS ........................................................................................................................... 18 2.7 UNFINANCIAL CLUBS ................................................................................................................................ 18 2.8 REGISTRATION OF PLAYERS ........................................................................................................................ 19 2.9 QUALIFICATION OF PLAYERS ....................................................................................................................... 19 2.10 GRADING OF TEAM .................................................................................................................................. 20 2.11 REPRESENTATIVE SELECTION COMMITTEE ..................................................................................................... 21 2.12 FIXTURES AND FIXTURE COMMITTEE ............................................................................................................ 21 2.13 MYCRICKET ENTRY AND VALIDATION OF POINTS DEFINITIONS .......................................................................... 21 2.14 BALLS……………. ..................................................................................................................................... 22 2.15 FINALS……………. .................................................................................................................................... 22 2.16 FORFEITS…………….. ................................................................................................................................ 22 2.17 PREPARATION OF GROUNDS....................................................................................................................... 23 2.18 CONTROL OF GROUNDS ............................................................................................................................ 23 iii
IWMCA - Manual 8 July 2019 Issue 8.0 2.19 WET WEATHER ....................................................................................................................................... 23 2.20 ALLOCATION OF POINTS ............................................................................................................................ 24 2.21 CLUB CHAMPIONSHIP ............................................................................................................................... 24 2.22 END OF SEASON TROPHY CALCULATION ....................................................................................................... 24 2.23 REPRESENTATIVE GAMES ........................................................................................................................... 24 2.24 REPLACEMENT OF REPRESENTATIVE PLAYERS................................................................................................. 25 2.25 REPLACEMENT OF PLAYERS ........................................................................................................................ 25 2.26 ALCOHOL………….. .................................................................................................................................. 25 2.27 DRESS…………….. .................................................................................................................................... 25 2.28 DISPUTES…………….. ................................................................................................................................ 26 2.29 INTERPRETATION OF RULES ........................................................................................................................ 26 2.30 BREACH OF RULES .................................................................................................................................... 26 2.31 SUBSTITUTE FIELDERS ............................................................................................................................... 27 2.32 RULES OF CRICKET GAMES ......................................................................................................................... 27 2.33 JUNIOR RULES ......................................................................................................................................... 27 2.33.1 Grading of Teams: ......................................................................................................................................... 27 2.33.2 Division of Grades: ........................................................................................................................................ 27 2.33.3 Qualification of Players: ................................................................................................................................ 28 2.33.4 Registration of Players: ................................................................................................................................. 29 2.33.5 Forfeits: ......................................................................................................................................................... 29 2.33.6 Eligibility for Association Trophies: ............................................................................................................... 29 2.33.7 Finals: ............................................................................................................................................................ 30 2.33.8 Results/Scorecard: ........................................................................................................................................ 30 2.33.9 Wet Weather/Bad Light: ............................................................................................................................... 30 2.33.10 Match Results: .............................................................................................................................................. 31 2.33.11 Points: ........................................................................................................................................................... 32 2.33.12 Dress: ............................................................................................................................................................ 32 2.33.13 Alcohol: ......................................................................................................................................................... 32 2.33.14 Umpires: ....................................................................................................................................................... 33 2.33.15 Scorers: ......................................................................................................................................................... 33 2.33.16 Supervision of Teams: ................................................................................................................................... 33 2.33.17 Playing Surfaces: ........................................................................................................................................... 34 2.33.18 Balls:.............................................................................................................................................................. 34 2.33.19 Fielding Position Safety Rule: ........................................................................................................................ 34 2.33.20 No Balls: ........................................................................................................................................................ 34 2.33.21 Wides: ........................................................................................................................................................... 34 2.33.22 LBW:.............................................................................................................................................................. 35 2.33.23 Replacement of Representative Players: ...................................................................................................... 35 2.33.24 Replacement of Players: ............................................................................................................................... 35 2.33.25 Playing Days: ................................................................................................................................................. 36 2.33.26 Birth Certificates: .......................................................................................................................................... 36 2.34 CODE OF BEHAVIOUR................................................................................................................................ 36 2.34.1 Method of Handling Breaches of the Code of Behaviour ............................................................................. 37 2.34.2 Guideline Offences........................................................................................................................................ 38 2.34.3 Player Behaviour ........................................................................................................................................... 40 2.34.4 Suspension of Players ................................................................................................................................... 41 2.35 JUDICIARY PROCEDURE ............................................................................................................................. 42 2.36 APPELLATE SYSTEM .................................................................................................................................. 44 2.37 STANDING ORDERS .................................................................................................................................. 45 2.37.1 Orders of Business ........................................................................................................................................ 45 2.37.2 Correspondence............................................................................................................................................ 45 2.37.3 Members....................................................................................................................................................... 46 2.37.4 Motions......................................................................................................................................................... 47 2.38 RACIAL AND RELIGIOUS VILIFICATION CODE .................................................................................................. 48 2.38.1 Purpose of Code............................................................................................................................................ 48 2.38.2 Conduct Covered By the Code ...................................................................................................................... 48 iv
IWMCA - Manual 8 July 2019 Issue 8.0 2.38.3 The Interrelationship of this Code with Other Rules and Regulations Governing the Sport......................... 49 2.38.4 Human Rights and Equal Opportunity Legislation ........................................................................................ 49 2.38.5 Lodging a Complaint ..................................................................................................................................... 49 2.38.6 What Must a Complaint Contain .................................................................................................................. 49 2.38.7 Role of the Secretary .................................................................................................................................... 49 2.38.8 Conciliation Procedure.................................................................................................................................. 50 v
IWMCA - Manual 8 July 2019 Issue 8.0 1. RULES 1.1 Name The name of the Incorporated Association shall be the “IPSWICH AND WEST MORETON CRICKET ASSOCIATION INC.” 1.2 Objects The objects for which the Association is established are:- 1. To promote and advance the interests of cricket. 2. To advise the South East Queensland Cricket Inc. and the Queensland Country Cricket Association Inc. in all matters material to cricket. 3. To arrange, control and conduct such games of cricket as may be considered necessary by the Association. 4. To acquire and maintain cricket grounds for the control and conduct of games of cricket. 1.3 Powers The powers of the Association are:- 1. To take over the funds and other assets and the liabilities of the present unincorporated Association known as the “Ipswich and West Moreton Cricket Association Inc.” 2. To subscribe to, become a member of and co-operate with any other Association, Club or organisation, whether incorporated or not, whose objects are altogether or in part similar to those of the Association provided that the Association or organisation 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 Association under or by virtue of Distribution of Surplus Assets (Rule 1.25). 3. In furtherance of the objects of the Association to buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the Association or persons frequenting the Association’s premises. 4. To purchase, take on or lease or in exchange, hire and other acquire any lands, buildings, easements or property, real and personal, and 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 Association: a. Provided that in case the Association shall take or hold any property which may be subject to any trusts the Association shall only deal with the same in such manner as is allowed by law having regard to such trusts. 5. 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 Association; to obtain from any such Government or Authority any rights, privileges and concessions which the Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions. 6
IWMCA - Manual 8 July 2019 Issue 8.0 6. 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 Association. 7. To remunerate any person or body corporate for services rendered, or to be rendered, and whether by way or brokerage or otherwise in placing or assisting to place or guaranteeing the placing of any unsecured notes, debentures or other securities of the incorporated Association or promotion of the incorporated Association or in the furtherance of its objects. 8. 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 Association’s interests, and to contribute to improvement, maintenance, development, working, management, carrying out, alteration or control thereof. 9. To invest and deal with the money of the Association not immediately required in such manner as may from time to time be thought fit. 10. To take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate. 11. In furtherance of the objects of the Association 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 assist any person or body corporate. 12. 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. 13. To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments. 14. In furtherance of the objects of the Association 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 Association. 15. 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 Association’s property of whatsoever kind sold by the Association, or any money due to the Association from purchasers and others. 16. To take any gift of property whether subject to any special trust or not, for any one or more of the objects of the Associations but subject always to the proviso in sub-rule (4). 17. 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 Association, in the shape of donations, annual subscriptions or otherwise. 18. To print and publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects. 19. In furtherance of the objects of the Association to amalgamate with any one or more incorporated Associations having objects altogether or in part similar to those of the Association 7
IWMCA - Manual 8 July 2019 Issue 8.0 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 Association under or by virtue of Distribution of Surplus Assets (Rule 1.25). 20. In furtherance of the objects of the Association 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 Association is authorised to amalgamate. 21. In furtherance of the objects of the Association to transfer all or any of the property, assets, liabilities and engagements of the Association to any one or more of the incorporated Associations with which the Association is authorised to amalgamate. 22. To make donations for patriotic, charitable or community purposes. 23. 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. 24. In respect to Restricted Club Permit (Liquor License Ivor Marsden Canteen). This Association precludes the payment to an Officer or Employee of the Club or an amount by way of commission or allowance calculated by reference to the quantity of liquor sold or supplied by the Club or the receipts of the Club for such liquor. 1.4 Affiliation 1.4.1 Affiliation of Clubs 1. Each of the Clubs desirous of participating in cricket games arranged, controlled and conducted by the Association shall make application with the Association. 2. The application for affiliation shall be lodged in writing with the Association Secretary and contain such particulars as required on or before the date determined in every year by the Management Committee of the Association. 3. All fees for affiliation shall be payable to the Association on or before the date determined in every year by the Management Committee of the Association. 1.4.2 Affiliation of other bodies 1. The Ipswich Cricket Umpires and Scorers Association Inc. shall in each year be affiliated with the Association upon the payment of a fee to be determined by the Annual General Meeting. Such fee shall be payable to the Association within 30 days of the Association’s Annual General Meeting in each year. 2. Any other body shall be affiliated upon a motion that such a body be affiliated with the Association being passed at an Annual General Meeting of the Association and the payment of such fee as is decided upon at such Annual General Meeting being paid within 30 days of the Association’s said Annual General Meeting. 1.5 Membership 1. The membership of the Association shall consist of the following classes of members: a. Members of the Management Committee. 8
IWMCA - Manual 8 July 2019 Issue 8.0 b. Life Member being a member or former member of the Association who is elected as a Life Member at an Annual General Meeting of the Association. A nomination for Life Membership shall be in writing to the Association Secretary at least seven days prior to the advertised date of the Annual General Meeting where the recommendations for Life Membership will be discussed. Such a person shall be declared a Life Member on a motion that she/he be granted Life membership being passed. A Life Member should be a person who has over a period of time worked in the Associations interest and who has contributed greatly to the Association. Life Members shall have the right to attend all General Meetings of the Association. c. Playing Members being financial members of Clubs affiliated with the Association and registering with the Association in a manner approved by the Management Committee for the purposes of playing cricket in games under control or the Association. Playing members shall not be allowed to vote at Meetings of the Association unless they are also an Ordinary Member. d. Ordinary Members shall be Delegates from affiliated Club or body shall be entitled to two (2) Delegates with each Delegate entitled to one vote. A Member of the Management Committee may not be a Delegate for an affiliated Club or body. The names of delegates MUST be registered with the Association within two (2) weeks after the Association AGM. 2. Except as specified in 1.d, all classes of membership shall be unlimited in number. 3. Every person who at the date of Incorporation was a member of the unincorporated Association and who does not indicate in writing their desire not to become a member of the new Association, shall be automatically admitted to the same class of membership as that member held in the unincorporated Association. 1.6 Admission and Rejection of Members 1. It shall be competent for a person to be elected an Office Bearer of the Association not withstanding that he is not a member of any of the affiliated Clubs or bodies. 2. The authorisation of Ordinary Members other than Office Bearers shall be decided by the Club or body electing delegates to the Association with the proviso that the admission and rejection of Playing Members shall be in the hands of the Management Committee as set out in the By-Laws of the Association. 1.7 Register of Members 1. The Management Committee shall cause a Register (MyCricket) to be kept in which shall be entered the names and residential addresses of all persons admitted to membership of the Association and the dates of their admission and any further particulars as the Management Committee or the members of any General Meeting may require from time to time. 2. The Register shall be open for inspection at all reasonable times by any member who previously applies to the Association Secretary for such inspection. 1.8 Annual General Meeting 1. The Annual General Meeting shall be held within 3 months of the close of the financial year. 2. The business to be transacted at every Annual General Meeting shall be: 9
IWMCA - Manual 8 July 2019 Issue 8.0 a. The receiving of the Management Committee’s report and the statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the Association for the proceeding of the financial year; b. The receiving of the Auditors report upon the books and accounts for the proceeding of the financial year; c. The election of members of the Management Committee; d. The appointment of an Auditor; and e. Any special business of which notice is duly given. 1.9 General Meeting The Association Secretary shall convene a General Meeting. 1. When directed to do so by the Management Committee; or 2. On the requisition in writing signed by not less than one third of the members presently on the Management Committee or not less than the number of ordinary members of the Association which equals double the number of members presently on the Management Committee plus one. Such requisition shall clearly state the reasons why such special general meeting is being convened and the nature of the business to be transacted thereat including a notice of motion for the resolution of such business. Unless otherwise provided by these rules, at every General Meeting. 1. The number of ordinary members required to constitute a quorum shall be double the number of members presently on the Management Committee. 2. No business shall be transacted at any General Meeting unless a quorum of ordinary members is present at the time when the meeting proceeds to business and at all times during the conduct of that meeting. For the purpose of this rule “Ordinary Member” includes a person attending as a proxy. 3. If within half an hour from the time appointed for the commencement of a General Meeting a quorum is not present, the meeting, if convened upon the requisition of members of the Management Committee or the Association, shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other time and place as the Management Committee may determine, and if at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the members present shall be a quorum. 4. The Chairman may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the moment from which the adjournment took place. When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of any original meeting. Save as for said it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting. 5. The Association Secretary shall convene all General Meetings of the Association by giving not less than fourteen days (14) notice of any such meeting to the affiliated Clubs and bodies of the Association. 10
IWMCA - Manual 8 July 2019 Issue 8.0 6. The matter by which such notice shall be given shall be determined the Management Committee: Provided that notice of any meeting convened for the purpose of hearing and determining the appeal of a member against the rejection or termination of his membership by the Management Committee, shall be given in writing. Notice of a General Meeting shall clearly state the nature of the business to be discussed thereat. 7. The President shall preside as Chairman, or if there is no President or if he is not present within fifteen minutes after the time appointed for the holding of the meeting or is unwilling to act, the Vice-President shall be the Chairman or if the Vice-President is not present or is unwilling to act, then the members present shall elect one of their number to be the Chairman of the meeting. 8. The Chairman shall maintain order and conduct the meeting in a proper and orderly manner. 9. Every question, matter of resolution shall be decided by a majority of votes of the ordinary members present. 10. Every ordinary member present shall be entitled to one vote and in case of an equality of votes, the Chairman shall have a second or casting vote; provided that no member shall be entitled to vote at any General Meeting if the Club or affiliated body he is representing, or the member himself, is more than two weeks in arrears to the Association at the date of the meeting. 11. Voting shall be by show of hands unless not less than ten of the members present and entitled to vote demand a ballot or division, in which event there shall be a secret ballot or division. The Chairman shall appoint two members to conduct the secret ballot or division in such manner as he shall determine and the result of ballot as declared by the Chairman shall be deemed to be the resolution of the meeting. 12. A member may vote in person or by proxy and a show of hands every person who is present who is a member or a representative of a member shall have one vote and in a secret ballot or division every member present in person or by proxy shall have one vote. 13. The instrument of appointing a proxy shall be in writing, in the common or usual form or under the hand of the appointer duly authorised in writing. A proxy must be a member of the Association. The instrument of appointing a proxy shall be deemed to confer authority to demand or join in demanding a secret ballot or division. 14. The Instrument of appointing a proxy shall be deposited with the Association Secretary prior to the commencement of any meeting or adjourned meeting at which the person named in the instrument proposes to vote; and 15. The Association Secretary shall keep full accurate minutes of all questions, matters, resolutions and other proceedings of every Management Committee Meeting and General Meeting to be entered in a book to be opened for inspection at all reasonable times by any financial member who previously applies to the Association Secretary for that recording of such minutes, the minutes of every Management Committee Meeting shall be signed by the Chairman of that meeting verifying their accuracy. Similarly, the minutes of every General Meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding General Meeting. 1.10 Alterations of Rules Subject to the provision of the Associations Incorporation Act 1981, these rules may be amended, rescinded or added to from time to time by resolution carried at any General Meeting by at least three quarters majority of those members present and entitled to vote at such General Meeting: Provided that no such 11
IWMCA - Manual 8 July 2019 Issue 8.0 amendment, rescission or addition shall be valid unless that same shall have been previously submitted to and approved by the Under Secretary, Department of Justice, Brisbane. 1.11 Common Seal The Management Committee shall provide for a Common Seal and for its safe custody. The Common Seal shall only be used by the authority of the Management Committee and every instrument to which to Seal is affixed shall be signed by a member of the Management Committee and shall be countersigned by the Association Secretary or by a second member of the Management Committee or by some other person appointed by the Management Committee for the purpose. 1.12 Documents The Management Committee shall provide for the safe custody of books, documents, instrument of title and securities of the Association. 1.13 Funds and Accounts 1. The funds of the Association shall be banked in the name of the Association in such bank or financial institution as the Management Committee may from time to time direct. 2. Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the Association and the particulars usually shown in books a like nature. 3. All money shall be banked as soon as practicable after receipt thereof. 4. Payments from the Association’s funds shall be one of the following methods: a. A cheque signed by any two (2) of the President, Secretary or Treasurer or other members authorised from time to time by the Management Committee. b. Direct Debit in any one transaction and authorised by the Treasurer c. Business Card limited to a maximum of Two Thousand Dollars ($2,000) in any transaction, to be used by a member authorised by the Management Committee. 5. Cheques shall be crossed “not negotiable” except those in payment of wages, allowances or petty cash recoupments which may be left open. 6. The Management Committee shall determine the amount of petty cash which shall be kept on the imprest system. 7. All expenditure shall be approved or ratified at a Management Committee Meeting. 8. As soon as practicable after the end of each financial year the Treasurer shall cause to be prepared the statement containing particulars of; a. the income and expenditure for the financial year just ended; and b. the assets and liabilities and of all mortgages, charges and securities affecting the property of the Association at the close of that year 9. All such statements shall be examined by the Auditor who shall present his report upon such audit to the Association Secretary prior to the holding of the Annual General Meeting next following the financial year in respect of which such audit was made. 12
IWMCA - Manual 8 July 2019 Issue 8.0 10. The income and property of the Association whencesoever derived shall be used and applied solely in promotion of its objects and in the exercise of its powers as set out herein and no portion thereof shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or among the members of the Association provided that nothing herein contain shall prevent the payment in good faith of interest to any such member in respect of monies advanced by him to the Association or otherwise owing by the Association to him or of remuneration to any officers or servants of the Association or to any member of the Association or other person in return for any services actually rendered to the Association provided further that nothing herein contained shall be construed so as to prevent the payment or repayment to any member of out of pocket expenses, money lent, reasonable and proper charges for goods hired by the Association or reasonable and proper rent for premises demised or let to the Association. 1.14 Financial Year The financial year of the Association shall close on the thirtieth of April in each year. 1.15 Membership of Management Committee 1. The Management Committee of the Association shall consist of members of the Association and shall be constituted in the following manner: a. The Office Bearers of the Association being President, Vice-President, Secretary and Treasurer or Secretary/Treasurer b. SENIORS: Co-ordinator/Registrar, Development Officer/Representative Co-ordinator c. JUNIORS: Co-ordinator/Registrar, Development Officer/Representative Co-ordinator d. General Committee: No more than 3 positions 2. At the Annual General Meeting of the Association all the members of the Committee for the time being shall retire from office but shall be eligible upon nomination for re-election. 3. The election of Office Bearers and other members of the Management Committee shall take place in the following manner:- a. Any member of the Association shall be at liberty to nominate any other member to serve as an Office Bearer or other member of the Management Committee under Rule 1.15 (1). b. The nomination, which shall be in writing and signed by the member and the proposer, shall be lodged with the Association Secretary at least seven (7) days before the Annual General Meeting at which the election is to take place. c. Balloting lists shall be prepared (if necessary) containing the names of candidates in alphabetical order, and each member present at the Annual General Meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies. Each vote thus cast shall count as one vote for such candidate and counting shall be decided by the first past the post method. In the case of an equality of votes in an election, another vote shall be taken between the tied candidates to determine the order between the tied candidates if such an order is required to be made. d. Should, at the commencement of such a meeting, there be insufficient number of candidates nominated for any position(s), further nominations shall be taken from the 13
IWMCA - Manual 8 July 2019 Issue 8.0 floor of the meeting for those position(s). Elections shall than be conducted for all such positions as in section (c) above. 1.16 Functions of the Management Committee 1. Except as otherwise provided by these rules and subject to resolutions of the Members of the Association carried at any General Meeting, the Management Committee - a. shall have the general control and management of the administration of the affairs, property and funds of the Association; and b. shall have the authority to interpret the meaning of these rules and any matter relating to the Association on which these Rules are silent 2. The Management Committee may exercise all the powers of the Association as contained within 1.3 of these Rules with the proviso that, time permitting, the Management Committee shall refer such major considerations to a General Meeting as the President or the Management Committee so directs. 1.17 Meetings of the Management Committee 1. The Management Committee shall meet at least once every calendar month to exercise its function. 2. A special meeting of the Management Committee shall be convened by the Association Secretary on the requisition in writing signed by not less than one third of the members of the Management Committee, which requisition shall clearly state the reasons why such special meeting is being convened and the business to be transacted thereat. 3. At every meeting of the Management Committee a simple majority of a number equal to the number of members elected and/or appointed to the Management Committee as at the close of the last General Meeting of the members shall constitute a quorum. 4. Subject as previously provided in this Rule, the Management Committee may meet together and regulate its proceedings as it thinks fit: Provided that questions arising at any meeting of the Management Committee shall be decided by a majority of votes and, in the case of equality of votes, the question shall be deemed to be decided in the negative. 5. A member of the Management Committee shall not vote in respect of any contract or proposed contract with the Association in which he is interested, or any matter arising thereat, and if he does so vote his vote shall not be counted. 6. Not less than three (3) days’ notice shall be given by the Association Secretary to members of the Management Committee of any special meeting of the Management Committee. Such notice shall clearly state the nature of the business to be discussed thereat. 7. The President shall preside as Chairman at every meeting of the Management Committee, or if there is no President, or if at any meeting he is not present within ten minutes (10) after the time appointed for holding the meeting, the Vice-President shall be Chairman or if the Vice-President is not present at the meeting than the members may choose one of their number to be Chairman of the meeting. 8. If within half an hour from the time appointed for the commencement of a Management Committee Meeting a quorum is not present, the meeting, if convened upon the requisition of members of the Management Committee shall lapse. If any other case it shall stand adjourned to 14
IWMCA - Manual 8 July 2019 Issue 8.0 the same day in the next week at the same time and place as the Management Committee may determine and if that the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the meeting shall lapse. 1.18 Acts of the Management Committee All acts done by any meeting of the Management Committee or of a sub-committee or by any person acting as a member of the Management Committee shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the Management Committee or person acting as a foresaid, or that the members of the Management Committee or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of the Management Committee. 1.19 Written Resolutions of Management Committee A resolution in writing signed by all the members of the Management Committee for the time being entitled to receive notice of a meeting of the Management Committee shall be as valid and effectual as if it had been passed at a meeting of the Management Committee duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more members of the Management Committee. 1.20 Resignation/Removal from Management Committee Any member of the Management Committee may resign from membership of the Management Committee at any time by giving notice in writing to the Association Secretary but such resignation shall take effect at the time such notice is received by the Association Secretary unless a later date is specified in the notice when it shall take effect on that later date or such member may be removed from office at a Special General Meeting of the Association called for that purpose where that member shall be given the opportunity to fully present his case. The question of removal shall be determined by the vote of the Ordinary Members present at such a Special General Meeting. 1.21 Vacancies on Management Committee 1. The Management Committee shall have powers at any time to appoint any member of the Association to fill any casual vacancy on the Management Committee until the next Annual General Meeting. 2. The continuing members of the Management Committee may act notwithstanding any casual vacancy in the Management Committee, but if and so long as there number is reduced below the number fixed by or pursuant to these Rules as the necessary quorum of the Management Committee, the continuing member or members may act for the purpose of increasing the number of members of the Management Committee to that number or of summoning a General Meeting of the Association, but for no other purpose. 1.22 Sub-Committee 1. The Management Committee may delegate any of its power to a sub-committee consisting of such members of the Association as the Management Committee thinks fit. Any sub-committee so formed shall in the exercise of the powers so delegated conformed to any regulations that may be imposed on it by the Management Committee. 15
IWMCA - Manual 8 July 2019 Issue 8.0 2. A sub-committee may elect a Chairman of its meetings. If no such Chairman is elected, or if at any meeting the Chairman is not present within ten minutes after the time appointed for holding the meeting, the members present may choose one of their number to be Chairman of the meeting. 3. The sub-committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present and, in the case of an equality of votes, the question shall be deemed to be decided in the negative. 1.23 By-Laws The Management Committee may from time to time make, amend or repeal By-Laws, not inconsistent with these Rules, for the internal Management of the Association and any By-Law may be set aside by a General Meeting of members. 1.24 Standing Orders The Chairman shall conduct any meeting of the Association in accordance with a set of Standing Orders drawn up by the Management Committee and included in the By-Laws of the Association. 1.25 Distribution of Surplus Assets If the Association shall be wound up in accordance with the provisions of the Associations Incorporation Act 1981, and there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the member so the Association, but shall be given or transferred to some other institution or institutions having object similar to the objects of this Association, and which prohibit the distribution of its or their income and property among its or there members to an extent at least a grant as imposed on the Associations under or by virtue of Rule 1.13 (10), such institution or institutions to be determined by the members of the Association. 16
IWMCA - Manual 8 July 2019 Issue 8.0 2. BY-LAWS 2.1 Management The General Management of the Ipswich and West Moreton Cricket Association Inc. (IWMCA), subject to these By-Laws is vested in the Management Committee providing that the Executive is empowered to make decisions on behalf of the Association between meetings of the Management Committee on matters of urgency. Any such decision shall be referred to the next meeting of the Management Committee for ratification. 2.2 Management Committee 1. The Management Committee of the Association will consist of the members as defined at rule 1.15(1). 2. If any member of the Management Committee shall be absent from three (3) consecutive meetings of the Committee without excuse, which excuse that member must send in writing to the Association Secretary no later than the night of the third consecutive meeting of which he /she was absent, he/she shall be deemed to have vacated his/her office as a member of the Management Committee. The Management Committee has power to grant leave of absence to any of its members. 2.3 Appeals 1. Where a Club or individual member disagrees with a decision of the Management Committee, the Club or member may, by the presentation of a written request signed by no fewer than five (5) registered players or delegates of the Association demand a Special Delegates Meeting to decide the issue. The appeal must be presented to the President or Association Secretary within fourteen (14) days of the meeting where the decision being appealed against was taken and shall contain a Notice of Motion to be presented to the Special Delegates Meeting and may include reasons in support. The appeal shall also be accompanied by $20.00 to help defray the costs of calling the said Special Delegates Meeting which $20.00 shall be refunded if the said meeting decides in favour of the appeal. 2. The Association Secretary shall call a Special Delegates Meeting to discuss the Notice of Motion which must be held within fourteen (14) days after receipt of the appeal. The Notice of Motion and any reasons in support must be given to all Clubs at least seven (7) days prior to the date of the Special Delegates Meeting. The result of the Special Delegates Meeting shall not in any way limit the right of appeal to the South East Queensland Cricket Inc. 3. At any Special Delegates Meeting, the voting rights for Clubs are: Two (2) delegate per club within the IWMCA. As per Rule 1.5 (1.d) - The names of delegates MUST be registered with the Association within two (2) weeks after the Association AGM. 4. If a delegate is unable to attend any Special Delegates Meeting, a written proxy voting right, signed by a Club official, must be registered with the Association prior to the meeting by any substitute voter. Any delegate or proxy must be present at the meeting to be eligible to vote. 5. Each member of the Management Committee is entitled to vote. 17
IWMCA - Manual 8 July 2019 Issue 8.0 2.4 Affiliation 1. The Club Secretary desirous of being affiliated with the Association shall apply for such affiliation to the Association Secretary and shall give the following particulars: a. Name of Club. b. Name of Officials and in the case of a Club list of playing members being not less than twelve (12) registered in MyCricket. c. The number of teams such Club wishes to nominate. A Club may nominate any number of teams. 2. After receipt of application for affiliation from each of the Clubs, the retiring Management Committee will meet with the object of accepting or rejecting any or all of the applications. 2.5 Financial 1. The Annual Affiliation Fee shall be fixed by the incoming Management Committee. This fee shall be deemed to cover the period of the ensuing season and shall be paid before the first match of the season or as required by the Management Committee. 2. The seasonal fees shall be fixed by the Management Committee before the third (3rd) week of competition fixtures of each year and each Club shall pay the total fees or half yearly fees by the 30th November. The second (2nd) half yearly payment must be paid by the 1st February. If a Club has not paid the seasonal fees by the due date, a penalty of $100 per week will apply. 2.6 Unfinancial Members 1. No member of a Club who leaves such Club to join another Club shall be allowed or be eligible to play in any Association Fixture until he is financially clear of the Club of which he was originally a member. No person who has been registered to play in the competition of any Association or Organisation affiliated with this Association or any Association or Club affiliated with the Queensland Cricket Association or Queensland Country Cricket Association shall be eligible to play in any competition under the control of this Association until they satisfy the Management Committee that they are financially clear of such Association, Club or Organisation 2. A person shall be deemed to be financially clear of a Club, Association or Organisation if, up to the time of their leaving, they had paid their annual subscription, special levies in the nature of subscription, wicket fees, and any penalty validly imposed by the Club in accordance with the Rules thereof. In the case of dispute, the final decision shall be left to the discretion of the Management Committee. 3. At the conclusion of Fixtures, Club Secretaries shall forward to the Association Secretary a list of unfinancial members, and this list shall be forwarded to the Secretary of the South East Queensland Cricket Inc. 2.7 Unfinancial Clubs 1. Any Club which is indebted to the Association for any money shall not be allowed to register with the Association or to field teams in the Fixture competition until such monies are paid. Any Registered member of such Club shall not be deemed unfinancial based on the Clubs financial status. 18
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