Constitution
Constitution of Sheffield Golf Club Inc
Incorporated under the Associations Incorporation Act 1964 (TAS)
1. Introductory provisions
1.1. Definitions
1.1.1. In this constitution:
a. act means the Associations Incorporation Act 1964 (TAS) as
modified and amended from time to time and includes any
regulations made under that Act and any exemption or modification
to that Act applying to the association;
b. association means Sheffield Golf Club Inc., the incorporated
association to which this constitution applies;
c. authorised deposit-taking institution means a body corporate that
is an authorised deposit-taking institution for the purposes of the
Banking Act 1959 (Cth);
d. board means committee, as defined in the Act;
e. bylaws means the bylaws of the association;
f. casual vacancy, on the board, means a vacancy that occurs when
a board member resigns, dies or otherwise stops holding office;
g. Commissioner means the Commissioner for Corporate Affairs, as
per the Act;
h. constitution means rules as defined in the Act;
i. general meeting means a meeting of the association’s eligible
voting members and includes all general meetings (annual general
meetings, general meetings, special general meetings and
extraordinary general meetings) called at the direction of the board
under clause 8.2.1.a and on the request of members under clause
8.2.1.b;
j. majority means more than half of all eligible voting members
present and voting at a board meeting or a general meeting;
k. member means a person who has been duly accepted as such by
the board in accordance with this constitution and who has paid any
fees and levies due to the association;
l. nomination fee means a fee payable to the association upon
submission of an application for membership;
m. present means:
i. at a board meeting, see clause 7.1.3; or
ii. at a general meeting, see clause 8.5.2.
n. signed means agreed in writing;
o. special resolution means a resolution that is passed at a general
meeting by the votes of at least 75% of the members who are
present and voting;
p. surplus assets means the assets and property after payment of the
debts and liabilities remaining on a winding-up of the incorporated
association and the costs, charges and expenses of the winding-up;
q. subscription fee means a fee payable to the association for the
receipt of membership rights and privileges;
r. written / in writing means, unless the contrary intention appears, all
forms of visible words, including printed, hard copy or electronic
formats.
1.2. Name
1.2.1. The name of the incorporated association is Sheffield Golf Club Inc.
1.3. Associations Incorporation Act 1964
1.3.1. In this constitution, unless the context requires otherwise, a word or
expression has, in a provision of this constitution that deals with a matter
dealt with by a particular provision of the Act, the same meaning as in
that provision of the Act.
1.3.2. The model rules created under the Act are displaced by this constitution
and accordingly do not apply to the association.
1.4. Interpretation
1.4.1. The board has authority to interpret the meaning of this constitution and
any matter relating to the association on which the constitution is silent,
but any interpretation must have regard to the Act, including any
regulation made under the Act.
2. Objects and powers
2.1. Objects
2.1.1. The objects of the association are to:
a. foster, encourage, promote, support and manage the game of golf;
b. abide by the rules regulating the conduct of golf;
c. foster a safe, fair and inclusive environment and encourage a sense
of community spirit and social interaction amongst members and
visitors;
d. ensure that all members receive equal treatment and access;
e. establish and maintain facilities and amenities for the benefit, social
comfort and advancement of golf, the association, its members and
visitors;
f. affiliate with Golf Australia, Golf Tasmania and such other bodies as
the association deems fit;
g. adopt and abide by the provisions of the Golf Australia Member
Protection Policy;
2.2. Powers
2.2.1. Solely for furthering the objects, the association, in addition to any other
powers it has under the Act, has the legal capacity and powers of a
company limited by guarantee as set out under section 124 of the
Corporations Act 2001 (Cth).
3. Membership
3.1. Categories of membership appear in the relevant bylaws of the Association.
3.1.1. The board shall have the power to limit the number of members in any class of membership, other than life membership, from time to time.
3.1.2. The board may, in accordance with bylaws determined from time to time, on the written application of a member who has the qualifications for and wishes to become a member of a different class of membership, transfer that member from any class of membership to another class of membership. The board may, at its absolute discretion, make an adjustment in the nomination fee and subscription fee paid or payable by that member so transferred for the membership year in which the transfer takes place.
3.1.3. A right, privilege or obligation which a person has by reason of being a member of the association is not capable of being transferred or transmitted from one person to another person.
3.2. Patrons
3.2.1. One or more patrons may be nominated by the board and appointed by the members present and voting at an annual general meeting.
3.2.2. At each annual general meeting of the association, any patron is deemed to have retired from their position, but is eligible, on nomination by the board, for re-appointment.
3.2.3. A patron is not entitled to vote at general meetings of the association and is not eligible for election to the board, unless they are also an otherwise eligible member.
3.3. Subscription fees, nomination fees and levies
3.3.1. The subscription fees and nomination fees for each class of membership, other than life membership, are:
a. the amounts decided by the board; and
b. payable when, and in the way, the board decides.
3.3.2. A member who has any subscription fee, nomination fee, other fee or levy in arrears for a period of two months is considered to be unfinancial and in accordance with clause 3.6.3. may have to reapply for membership.
3.3.3. A member who has their membership terminated or suspended under clause 3.3.3. continues to be liable to pay any unpaid subscription fee, nomination fee, other fee or levy.
3.4. Application for membership
3.4.1. An application for membership must be:
a. in writing; and
b. in the form decided by the board;
c. accompanied by any other documents or evidence of qualification
for membership, as determined by the board from time to time.
3.5. Admission and rejection of new members
3.5.1. The board must consider an application for membership at the next board meeting held after it receives the application for membership.
3.5.2. The board must decide at the meeting, in its absolute discretion, whether to accept or reject the application.
3.5.3. If a majority of the board members present and voting at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member in the class of membership applied for, subject to any waiting period.
3.5.4. If the board decides to reject an application, the secretary of the association must, as soon as possible, give the applicant notice of the decision in a manner determined by the board.
3.5.5. If a person’s application for membership is rejected, the secretary must, as soon as possible, refund any nomination fee paid by the person.
3.5.6. The treasurer shall forward to every admitted applicant an account for payment of subscription fees and will enter the name and address of the new member, and the date of becoming a member, in the register of members.
3.5.7. An applicant whose application for membership has been rejected has no right of appeal against their rejection under this clause.
3.6. Membership renewal and re-joining
3.6.1. With payment of relevant subscription, a member is considered to have reapplied.
3.6.2. With payment of subscription a member must provide details of any change in their personal details, and any other information reasonably required by the association.
3.6.3. A member who has resigned from the association or otherwise forfeited their membership and later desires to re-join will be subject to the same process of admission to membership as any new member who has not previously been a member of the association. The board has the right to determine what, if any, nomination fee is required of a member re-joining under this clause.
3.7. Register of members
3.7.1. The board must keep a register of members of the association.
3.7.2. The register must include the following particulars for each member:
a. the name of the member;
b. the contact details for the member;
c. the date of admission as a member;
d. the date of death or time of resignation of the member;
e. details about the termination or reinstatement of membership;