North West Cricket Association Inc.

Constitution

NWCA Constitution

(Updated December2004)

1. NAME AND COLOURS

1.1 The name of the Incorporated Association is North West Cricket Association Inc. (in this Constitution called “the Association”).
1.2 The colours of the Association are Red and Black.

2. PURPOSES

The purposes of the association are:

· to promote, advance and foster the game of cricket, especially in the north-western suburbs of Melbourne;

· to organise cricket competitions between teams from local clubs by providing rules, programs of matches, records management and adjudication;

· to provide recreation, participation, development and competition opportunities appropriate to the level and wishes of teams, players and helpers;

· to provide support for the endeavours of member clubs especially in their liaison with relevant authorities;

· to organise representative teams for the further development of talented cricketers and to increase high level contact; and

· to preserve the history and heritage of the former Essendon, Broadmeadows and Keilor Cricket Association and its predecessors.

3. INTERPRETATION

3.1 In this Constitution, unless the contrary intention appears:-

“Affiliate,” means a cricket organisation which is not a Member Club but which is accepted as an affiliate organisation in accordance with sub-clause 4.4 or 4.5.

“Associate,” means a natural person who is accepted as an associate of the Association in accordance with sub-clause 4.9.

“Board,” means the Board of Management of the Association.

“Club Official,” means a person whose name is given to the Association for such purposes by a Member Club or Affiliate.

“Club Representative,” means a natural person who is designated by a Member Club or Affiliate as its representative to the Association.

“Competition Rules,” means the set of by-laws enacted by the Board, which govern the conduct of cricket competitions organised by the Association.

“Competition Section,” means a part of the cricket competitions organised by the Association, usually comprising several grades, which is governed by the same subset of competition rules.

“Financial Year,” means the year ending 30th June.

“General Meeting,” means a general meeting of members convened in accordance with Clause 11.

“Independent Umpire,” means a person who meets such standards as are set down from time to time by the Association and who makes themself available to the Association to umpire all its matches as it sees fit.

"Life Member," means a person who has given exceptional service to the Association over a continuous period of ten years or more and where such service is recognised by the Association pursuant to Clause 4.10

“Member Club,” means a member of the Association

“Ordinary Member of the Board,” means a member of the Board who is not an officer of the Association under Clause 21.

“Player,” means a person who is engaged in playing in a match organised by the Association.

“Registered Player,” means a person who meets such conditions as are set down from time to time by the Association and whose name is given to the Association for such purposes.

“The Act,” means the Association Incorporation Act 1981.

“The Regulations,” means Regulations under the Act.

“Umpire,” means a person who is engaged in umpiring in a match organised by the Association.

3.2 In this Constitution, a reference to the Chief Executive Officer of the Association is a reference, where a person holds office under this Constitution as Chief Executive Officer of the Association, to that person; and in any other case, to the Public Officer of the Association.

3.3 Words or expressions contained in this Constitution shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.

4. MEMBERSHIP

4.1 An incorporated association or other organisation whose purposes provide for it to organise a team or teams to play in scheduled cricket competition in the north-western suburbs of Melbourne may apply in writing to the Chief Executive Officer of the Association to become a Member Club of the Association.

4.2 A Member Club must apply annually subject to Clause 5.2 to have its membership renewed, failing which it will lapse prior to the Annual General Meeting.

4.3 The Board may from time to time specify a level of participation in the various competition sections provided by the Association, which is only open to Member Clubs.

4.4 An organisation which would be eligible to apply for membership under Clause 4.1 but which

is already a member of another cricket association and which does not wish to participate in this Association at the level specified in accordance with Clause 4.3 may alternatively apply to be an Affiliate of the Association.

4.5 Any other organisation with compatible purposes may apply or accept an invitation to be an Affiliate of the Association.

4.6 A Member Club must appoint a person as its Club Representative to General Meetings of the Association.

4.7 For each competition section in which it enters a team or teams, each Member Club and each Affiliate must nominate a person, other than its Club Representative, as its representative to those section meetings.

4.8 Member Clubs and Affiliates may additionally nominate alternate Club Representatives and section representatives.

4.9 A natural person who supports the purposes of the Association may apply or accept an invitation to be an Associate of the Association, such status to be reviewed annually.

4.10 A natural person who has given exceptional service to the Association over a continuous period of ten years or more may be nominated by the Board and elected by a General Meeting as a Life Member.

4.11 Member Clubs, Affiliates, Associates and Life Members will be regularly informed of Association meetings and other activities.

4.12 Member Clubs are required to have their Club Representative or a nominated alternative representative attend all General Meetings and are the only parties entitled to vote at General Meetings.

4.13 Member Clubs and Affiliates are required to have their Club Representative and appropriate section representatives, or their nominated alternatives, attend the competition section meetings for which it has entered teams.

4.14 A right, privilege, or obligation of a Member Club, Affiliate, Associate or Life Member is not capable of being transferred or transmitted to another party; and terminates upon non-renewal of a Member Club, Affiliate or Associate, or the resignation or death of a nominated representative, Associate or Life Member.

5. ANNUAL FEES

5.1 A membership fee, affiliate fee, associate fee and a scale of competition entry fees will be set annually by the Board.

5.2 Member Clubs and Affiliates entering teams for a given cricket season must pay the specified entry deposit by the 31st August preceding that season and the balance of their annual fees prior to 30th November of that season.

6. REGISTER OF MEMBERS

6.1 The Chief Executive Officer shall ensure that current records are maintained of Member Clubs, Affiliates, their nominated representatives, Associates and Life Members, and that these shall be available for inspection by members’ representatives at the address nominated by the Association.

7. RESIGNATION OF MEMBERS

7.1 A Member Club or Affiliate of the Association which has paid all monies due and payable to the Association and ceases to field the teams requiring its current status with the Association may apply to have its status terminated or downgraded.

7.2 A Club Representative or Associate may at any time resign from that position, in the former case placing an obligation on the Member Club concerned to nominate a replacement prior to the next meeting at which its Representative would have been required to attend.

8. EXPULSION OF MEMBERS

8.1 Subject to this Constitution, the Board may by resolution:-

(a) expel a Member Club, Affiliate or Associate;

(b) suspend a Member Club, Affiliate or Associate from the Association for a specified period; or

(i) has refused or neglected to comply with this Constitution or
applicable competition rules; or

(ii) has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association or to the game of cricket.

8.2 A resolution of the Board under sub-clause 8.1:-

(a) does not take effect unless the Board, at a meeting held not earlier than 14 and not later than 28 days after the service on the Member Club, Affiliate or Associate of a notice under sub-clause 8.3 confirms the resolution in accordance with this clause; and

(b) where the Member Club, Affiliate or Associate exercises a right of appeal to the Association under this clause does not take effect unless the Association confirms the resolution in accordance with this clause.

8.3 Where the Board passes a resolution under sub-clause 8.1, the Chief Executive Officer shall as soon as practicable cause to be served on the member a notice in writing:-

(a) setting out the resolution of the Board and the grounds on which it is based;

(b) stating that a representative of the Member Club or Affiliate or the Associate may address the Board at a meeting to be held not earlier than 14 and not later than 28 days after service of the notice;

(d) informing the Member Club, Affiliate or Associate that they may do one or more of the following:-

(i) attend that meeting;

(ii) give to the Board before that date of that meeting written statement seeking the revocation of the resolution; and

(iii) not later than 24 hours before the date of that meeting, lodge with the Chief Executive Officer a notice to the effect that they wish to appeal to the Association in General Meeting against the Resolution.

8.4 At a meeting of the Board held in Accordance with sub-clause 8.2, the Board:-

(a) shall give to the Member Club, Affiliate or Associate an opportunity to be heard;

(b) shall give due consideration to any written statement submitted by the Member Club, Affiliate or Associate; and

8.5 When the Chief Executive Officer receives a notice under sub-clause 8.3 (d) (iii) they shall convene a Special General Meeting to be held in conjunction with the next scheduled General Meeting or Section Meeting, provided that at least five days' notice can be given of the Special General meeting and that the meeting can be held within forty-five days, failing which the Chief Executive Officer shall convene a separate Special General Meeting within thirty days.

8.6 At a Special General Meeting of the Association convened under sub-clause 8.5:-

(a) no business other than the question of the appeal shall be transacted;

(b) the Board may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution;

(d) the Member Club Representatives present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.

8.7 If at the Special General Meeting:-

(a) two-thirds of the Member Clubs vote in favour of the confirmation of the resolution, the resolution is confirmed; and

(b) in any other case, the resolution is revoked.

9. ANNUAL GENERAL MEETING

9.1 The Association shall convene an Annual General Meeting in July each year at a place and on a date determined by the Board.

9.2 The Annual General Meeting shall be specified as such in the notice convening it.

9.3 The ordinary business of the Annual General Meeting shall be:-

(a) to confirm the minutes of the last preceding Annual General Meeting;

(b) to receive from the Board reports upon the transactions of the Association during the last preceding financial year;

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

9.4 The Annual General Meeting may transact special business of which notice is given in accordance with this Constitution.

9.5 The Annual General Meeting shall be in addition to any other General Meetings that may be held in the same year.

10. OTHER MEETINGS OF CLUB REPRESENTATIVES

10.1 General meetings other than the Annual General Meeting shall be called Special General Meetings.

10.2 At least two Special General Meetings will be scheduled in each cricket season so that not more than six months elapses between General Meetings.

10.3 In addition to the Annual General Meeting and the Special General Meetings scheduled in accordance with Clause 10.2, for each Competition Section at least one Section Meeting will be scheduled each year.

10.4 Except as provided under Clause 11 and elsewhere in this Constitution, the scheduled Section Meetings will advise the Board as to the management of the competition sections and of the Association, but will not be empowered to overrule the Board with respect to its responsibility to manage the Association.

11. SPECIAL GENERAL MEETINGS

11.1 The Board may, whenever it thinks fit, convene a Special General Meeting of the Association to be held in conjunction with a scheduled Section Meeting, or, when no Section Meeting or other General Meeting is scheduled in the desired time frame, at some other date for which 21 days' notice can be given.

11.2 The Chief Executive Officer shall, on the requisition in writing of member Clubs representing not less than 25 per cent of the total number of Member Clubs, convene a Special General Meeting of the Association.

11.3 The requisition for a Special General Meeting shall state the objects of the meeting and shall be signed by the members making the requisition.

11.4 When the Chief Executive Officer receives a notice under sub-clauses 11.2-3 the Chief Executive Officer shall convene a Special General Meeting to be held in conjunction with the next scheduled General Meeting or Section Meeting, provided that at least five days' notice can be given of the Special General Meeting and that the meeting can be held within forty-five days, failing which the Chief Executive Officer shall convene a separate Special General Meeting within thirty days.

11.5 If the Chief Executive Officer fails to convene a Special General Meeting as required under sub-clause 11.4, the Member Clubs requisitioning the meeting, or any of them, may convene a Special General Meeting to be held not later than three months after the date of the original requisition.

11.6 A Special General Meeting convened by members in pursuance of sub-clause 11.5 shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Board and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to persons incurring the expenses.

Constitution

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