Club Constitution

MORETON BAY TRAILER BOAT CLUB INCORPORATED
APPROVED BY OFT 30/06/2005
CONSTITUTION 2005

(The text below is a transcript of the body of the constitution.
Download a controlled copy of the MBTBC Constitution here.)

1. NAME.
The name of the Incorporated Association is “The Moreton Bay Trailer Boat Club Incorporated”.
2. DEFINITIONS.
2.1. MBTBC or “the Club” shall mean Moreton Bay Trailer Boat Club Incorporated.
2.2. Management and/or Management Committee shall mean the Management Committee of the Moreton
Bay Trailer Boat Club Incorporated.
2.3. The Flag Officers of the Club shall be the Commodore, the Vice Commodore and the Rear
Commodore
2.4. Writing shall include all forms and methods of printing, and all other methods of representing and/or
reproducing words or images in any visible form, always providing such writings are in the English
language.
2.5. ‘Chairman’ shall apply to either male or female persons who chair meetings or committees within the
Club and has no relevance, nor makes any reference, to the gender of the person performing that duty.
2.6. Words that refer to one gender shall be accepted as referring to both genders.
2.7. “Club Magazine” is the publication produced by or for the Club, which is distributed to and for the
benefit and information of all full Club Members and other similar organisations.
3. OBJECTS.
The Objects for which the Club is established are:
3.1. To encourage and promote all forms of recreational boating and fishing and associated water sports.
3.2. To foster a healthy spirit of sportsmanship.
3.3. To promote social activities among members.
3.4. To foster and develop safe boating procedures and to familiarize members with safe navigation of
local waters.
3.5. To assist patriotic, charitable or community appeals.
3.6. To improve and protect the fishing in Moreton Bay and surrounding waters.
3.7. To produce and distribute publications with useful information for the members.
3.8. To provide unified representation to government and government authorities on matters of concern to
the members.
3.9 To provide access to relevant courses and the facility for accreditation in courses and skills that
promote safety at sea.
3.10. To provide and maintain premises and facilities at Manly Boat Harbour and at other locations around
Moreton Bay or elsewhere, for the benefit and use of the members of the Club.
Moreton Bay Trailer Boat Club Inc.
Constitution
4. POWERS
The powers of the Club are
4.1. The Club has in the exercise of its affairs, all the powers of the individual.
4.2. In furtherance of the objects of the Club, to buy, sell and deal in all kinds of articles, commodities and
provisions, in liquid, solid and gaseous forms for the members of the Club, or persons frequenting the
Clubhouse or Grounds.
4.3. To purchase, take on lease or in exchange, hire and otherwise 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 Club: provided that
in case the Club shall take or hold any property which may be subject to any trusts, the Club shall only
deal with the same in such manner as is allowed by law, having regard to such trusts.
4.4. 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 Club’s interests, and to contribute to, subscribe or otherwise assist and take part in the
construction, improvement, maintenance, development, working, management, alteration or control
thereof.
4.5. 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 Club or to obtain from any such
Government or Authority any rights, privileges and concessions which the Club may think are
desirable to obtain and to carry out, exercise and comply with any such arrangements, rights,
privileges and concessions.
4.6. To remunerate any person or body corporate for services rendered, or to be rendered, and whether by
way of brokerage or otherwise, in placing or assisting to place or guaranteeing the placing of
unsecured notes, debentures or other securities of the Club, or in or about the Club, or promotion of
the Club, or in the furtherance of its objects.
4.7. 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 Club’s property, of whatsoever kind sold by the Club
or any money due to the Club from purchasers and others.
4.8. To take any gift or property whether subject to any special trust or not, for any one or more of the
objects of the Club, but subject always to the proviso in Rule 4.3.
4.9. To take, or otherwise acquire, and hold shares, debentures or other securities of any company or body
corporate, provided always that such shares, debentures or other securities are government guaranteed.
4.10. In furtherance of the objects of the Club, to lend and advance money or give credit to any person or
body corporate, to guarantee and give guarantees or indemnities for the payment of money or the
performance of contracts or obligations by any person or body corporate and otherwise to assist any
person or body corporate.
4.11. 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 to secure any money 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 Club’s
property or assets present or future and to purchase, redeem or pay off any such securities.
4.12. To borrow money from members at a rate of interest not exceeding the interest at a rate charged by
bankers in Brisbane at that time for overdrawn accounts on money lent, whether the term of the loan
be short or long, and to mortgage or charge its property or any part thereof and to issue debentures and
other securities, whether outright or as security for any debt, liability or obligation of the Club and to
provide and pay off any such securities.
Moreton Bay Trailer Boat Club Inc.
Constitution
4.13 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 Club, in the
shape of donations, annual subscriptions or otherwise.
4.14 To print and publish any newspapers, periodicals, books or leaflets that the Club may think desirable
for the promotion of its objects.
4.15. In furtherance of the objects of the Club 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 Club.
4.16. To draw, make, accept, endorse; discount, execute and issue promissory notes, bills of exchange, bills
of lading and other negotiable or transferable instruments.
4.17. To do all such things as are incidental or conducive to the attainment of the objects and the exercise
of the powers of the Club.
4.18 Subject to Rule 43.12. to subscribe to, become a member of, and cooperate with any other association,
club or organisation, whether incorporated or not, whose objects are altogether, or in part similar to
those of the Club provided that the Club shall not subscribe to, or support with its funds, any Club,
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 Club under, or by virtue of Rule 46.
4.19. To invest and deal with any monies of the Club not immediately required as it may think fit and from
time to time vary, transpose or realise such investments.
Provided that any and all investments recommended by the Honorary Treasurer, or other party, shall be
approved by the Management Committee prior to any monetary transactions being made.
4.20. The income and property of the Club shall be applied solely towards promoting the Objects of the
Club as set out in Rule 3.
4.21. To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and
other persons as may be necessary or convenient for the efficient operation of the Club.
4.22 To enter into Agreements and Reciprocal Rights arrangements with other similar clubs and
associations so as to allow access for Club members to their premises and/or facilities in return for the
reciprocal access of their members to Club premises and/or facilities.
5. QUALIFICATIONS FOR MEMBERSHIP.
5.1 The following persons shall be eligible for Membership of the Club -
5.1.1 Any person who has attained the age of 18 years and is considered by the Management Committee to
be of sound mind, good character and reputation.
5.1.2. Any person who supports the objects of the Club and is interested in boating activities,
5.1.3 Any person under the age of 18 may be accepted as a Cadet in accordance with the provisions of
Rule 6.7
5.2. Staff employed by the Club are not eligible for any form of Membership of the Club.
Moreton Bay Trailer Boat Club Inc.
Constitution
6. CLASSES OF MEMBERSHIP.
The Membership shall consist of the following classes:
6.1. Honorary Life Membership.
The Management Committee shall have the power, in consideration of special services rendered to the
Club by a Member, to nominate such Member as an Honorary Life Member. Such nominees, not to
exceed one in any one year, if confirmed by the unanimous vote of all Management Members entitled
to vote, the nominee shall be declared an Honorary Life Member, and be entitled to all privileges of
the Club without payment of any further subscriptions.
6. 2. Life Members.
6.2.1. The existing Life Members who were admitted to “Life Membership” In 1974, and again in 2000,
upon payment of a once only sum of money as determined by the Management Committee of the day
and were admitted to Membership of the Club on the condition of never having to pay any further
Annual Subscriptions for the duration of their life time.
6.2.2. This Life Membership is closed and no more members may be admitted to this category.
6.2.3. Life Members presently in this category are granted the same privileges and enjoy the same conditions
as Regular Members.
6.2.4. This Membership is non-transferable.
6. 3. Fully Paid Members.
The Management Committee shall have the power, in consideration of the payment by any member of
such lump sum fees as the said Management Committee may from time to time so determine, to
declare such member a Fully Paid Member of the Club. The member so declared shall be entitled to
the defined privileges of the Club for the duration of the defined period. Management shall define the
extent of the privileges together with the duration of the Fully Paid Membership prior to the
acceptance of any such lump sum fees from any prospective or existing member.
6. 4. Regular Members.
A Regular Member shall be a person who has been accepted in accordance with the Rules and
By-Laws of the Club, and has paid his dues in accordance with Rule 8.3. Regular Members shall be
entitled to the full privileges of the Club.
6. 5. Country Crew.
6.5.1 Country Crew Membership is available to Regular Members whose place of residence is moved
outside a 200km radius from Brisbane at the discretion of, and under such conditions as decided by,
the Management Committee from time to time.
6.5.2. Such members shall retain their rights to Regular Membership on their return to Brisbane but shall
only have the same rights as Shipmate Members as per Rule 6.8. while classified as Country Crew.
6.5.3. No person may join as Country Crew. This classification is only attainable from Regular Membership.
6.5.4. The Annual Subscription for Country Crew shall be a percentage of the Annual Subscription as set for
Regular Members.
6.5.5. This percentage shall be set in the appropriate By-Law.
Moreton Bay Trailer Boat Club Inc.
Constitution
6. 6. Retired Members.
6.6.1. Members aged sixty five or over, who have permanently retired from their occupation and who have
been members for no less than ten years continuously, may apply to Management Committee to have
their membership subscription reduced to the special Retired Members Rate, whilst still retaining the
full privileges of Regular Members including the right to vote.
6.6.2. The Annual Subscription for Retired Members shall be set as a percentage of the Annual Subscription
as set for Regular Members.
6.6.3. This percentage shall be set in the appropriate By-Law.
6.7. Cadets.
6.7.1. Persons under the age of thirteen (13) years desirous of acquiring knowledge of boating may, subject
to approval by Management Committee, be enrolled as Cadets.
6.7.2. Cadets may avail themselves of the library, magazines and the dining room facilities. They shall not be
eligible to vote at meetings, nominate candidates for membership or office, or hold any office in the
Club. They shall not drink or purchase alcoholic refreshments in the Clubhouse, nor bring visitors to
the Club.
6.7.3. Cadets who have enrolled as such for two years prior to attaining the age of 18, upon election to
Regular Membership, shall not be liable for the payment of any joining fee.
6.7.4. The Annual Subscription for Cadets shall be a percentage of the Annual Subscription as set for
Regular Members.
6.7.5. This percentage shall be set in the appropriate By-Law.
6. 8. Shipmate Members.
6.8.1. Shipmate Membership shall be available to those who wish to make use of the Clubhouse Social
facilities only, and to have access to the Club’s gaming machines, dining room and bar and lounge
facilities together with the social activities and entertainment provided.
6.8.2. Shipmate Members, upon payment of the relevant joining and/or Subscription fees as currently in
force and who have been approved by Management, shall be admitted to the Club subject to the
conditions that apply to Shipmate Members as set by Management from time to time.
6.8.3. The Annual Subscription for Shipmate Members shall be a percentage of the Annual Subscription as
set for Regular Members.
6.8.4. This percentage shall be set in the appropriate By-Law.
7. MEMBERSHIP APPLICATIONS:
7.1. Every applicant for any class of membership of the Club shall make application on the prescribed form.
Each application must be signed by a proposer and seconder both of whom shall be either Honorary
Life Members, Life Members, Fully Paid Members, Regular Members or Retired Members of the
Club of at least twelve (12) months standing and to whom the applicant is personally known.
7.2. Applications for Shipmate Membership from transient visitors to the MBTBC Marina Ltd. shall be
accepted on the proposal of the Marina Manager. No Seconder shall be required.
Moreton Bay Trailer Boat Club Inc.
Constitution
8. JOINING FEES & ANNUAL SUBSCRIPTIONS.
8.1. The Joining fees for Membership shall be such sum as the members entitled to vote, shall determine
from time to time at any General, Annual General or Special General Meeting.
8.2. The Joining fees for each class of membership shall be payable at such time and in such a manner as
the Management Committee shall from time to time determine.
8.3. The Annual Subscription of Regular Members shall be as decided on from year to year by a special
resolution passed at a General, Special General or Annual General Meeting.
8.4. The motion to increase any Joining Fee or Annual Subscription shall be put and debated prior to or at
the February Meeting for any changes that are to apply to the Annual Subscriptions to be sent at/or
prior to the completion of the Club Year at the end of April.
9. ADMISSION AND REJECTION OF MEMBERS.
9.1 Particulars of all proposals for membership, other than Honorary Life, Life, Country Crew and Retired
Members shall forthwith upon the lodgement of same be entered in chronological order of receipt in a
“Proposed Members Register” showing the time and date of receipt together with the full name and
address of the person proposed. Every proposal shall be dealt with in the order in which it is recorded.
9.2. The names and addresses of persons proposed as members other than as Honorary Life Members,
Country Crew Members and Retired Members shall be displayed in a conspicuous place in the Club
premises for at least a week before their admission and an interval of not less than two weeks shall
elapse between the proposal and admission of such members.
9.3. Admission of all applicants for membership of the Club shall be determined by the Management
Committee. A candidate for membership shall be admitted on a majority vote of Management
Committee Members present and entitled to vote at such a meeting. Such vote to be by secret ballot if
any Committee Member shall so require.
9.4. Upon the acceptance or rejection of an application for membership, the Honorary Secretary shall
forthwith notify the applicant in writing of such acceptance or rejection.
9.5. The prospective member whose application has been rejected may apply in writing within thirty days
of being notified, to appeal against his rejection. The Honorary Secretary shall convene a Special
Management Committee meeting as soon as is convenient within three months of receipt of such
written notice of appeal against his rejection from admission to Membership.
9.6. The decision of this Special Management Committee Meeting called as per Rule 9.5 shall be final.
9.7. Any person rejected for Membership for whatsoever reason may not reapply for Membership until a
period of at least twelve (12) months has elapsed.
10. REGISTER OF MEMBERS.
10.1. The Management Committee shall cause a Register of Members to be kept. The names and residential
addresses of all persons admitted to membership of the Club and the dates of their admission shall be
entered in the Register.
10.2. Particulars shall also be entered into the Register of the deaths, resignations, terminations and
reinstatements of membership, and any further particulars as the Management Committee, or the
members at any General Meeting, may require from time to time.
10.3 The Register shall be open for inspection at all reasonable times by any member who applies to the
Honorary Secretary for such inspection.
10.4 A Boat Register showing the name and details of boats currently owned and operated by Club
members shall be established and maintained in order to be available for publication as required.
Moreton Bay Trailer Boat Club Inc.
Constitution
11. RESIGNATION OF MEMBERSHIP.
11.1. A member may resign from the Club at any time by giving notice in writing to the Honorary Secretary.
Such resignation shall take effect at the time such notice is received by the Honorary Secretary, unless
a later date is specified in the notice, when it shall take effect on the later date.
11.2. A member who has resigned his membership in writing may, at the discretion of the Management
Committee and subject to the clauses and provisions of Rule 12. may be re-admitted to membership
without payment of the Joining Fee.
12. TERMINATION OF MEMBERSHIP.
12.1. Management shall have the power to terminate the Membership of any member -
12.1.1 Who has Membership Fees in arrears for a period of two months or more, or
12.1.2 As the result of the findings of a Conduct Committee convened in accordance with Rule 29.
12.2. A member suspended or expelled shall not be entitled to any refund of subscriptions previously paid
and shall remain responsible for any subscriptions or other monies remaining unpaid at the time of
their suspension or expulsion.
13. MEMBERSHIP RESTRICTION.
13.1. The Management Committee at its discretion may limit the number of members in any Class of
Membership. This limitation shall be applied for a specified period and the reasons for making this
limitation shall be explained to the members at the next General, Special General or Annual General
Meeting.
13.2. Applications received after any closure shall have their names recorded in date sequence on a waiting
list and their applications shall come forward for consideration as and when vacancies occur in the
order in which they were recorded.
14. TRANSFER OF MEMBERSHIP AND MEMBERSHIP BENEFITS.
14.1. Membership of any category is not transferable.
14.2. The benefits of Membership may not be transferred to any family member, friend or other person by
allowing use of the Members Membership Card or other access devices supplied by the Club to the
Member.
14.3. Disregard of Rule 14.2 may result in action by the Management Committee under the provisions of
Rule 12.
15. RULES AND REGULATIONS.
Every member shall be bound by and submit to the Constitution, By-Laws and Rules of the Club.
Moreton Bay Trailer Boat Club Inc.
Constitution
16. VISITORS.
16.1. Members, other than Cadets, shall have the right of introducing visitors of good character and
reputation to the Club’s facilities and Club events subject to entering of such visitor’s name and address
together with the member’s signature and membership number in the Visitors Book in the manner
prescribed from time to time.
16.2. The Management Committee shall have the power to exclude visitors from the Clubhouse and grounds
from time to time.
16.3. Members shall not introduce to the Club premises any person who has been rejected as a candidate of
the Club, or who has been expelled from the Club, or who has been struck off the Club membership
roll as unfinancial.
16.4. Members shall be responsible for the conduct and dress of their visitors whilst in the Clubhouse or
Grounds.
16.5. Visitors shall be allowed the use of all Clubhouse facilities provided they abide by the relevant
By-Law that enforces the requirements of the Liquor Act as regards visitors and guests.
17. MARINA VISITORS.
17.1. Short term visitors berthed in the MBTBC Marina Ltd. shall be considered as visitors as per Rule 16.
17.2. Longer term visitors shall be required to join as Shipmate Members for the duration of their stay.
17.3. The terms and conditions, together with the duration of stay of both short and long term visitors, shall
be defined in the relevant By-Law.
18. OFFICE BEARERS.
18.1. The Officers of the Club shall be -
18.1.1. A Patron shall be selected from time to time by the Management Committee and submitted to the
Members for approval at the next subsequent Annual General Meeting.
18.1.2. A Commodore, a Vice Commodore and a Rear Commodore who shall be collectively known as
“The Flag Officers”.
18.1.3. An Honorary Secretary;
18.1.4. An Honorary Treasurer.
18.2. All of those listed in Rules 18.1.2, 18.1.3 & 18.1.4 shall be financial members of the Club in a
membership Class that entitles them to vote at any meeting,
18.3. The Flag Officers of the Club must be boat owners and involved in boating activities at the time of
election or re-election to office.
Moreton Bay Trailer Boat Club Inc.
Constitution
19. DUTIES OF OFFICE BEARERS.
19.1. The Commodore;
19.1.1. The Commodore shall carry the ultimate responsibility for the operation, growth and membership
of the Club and in all ways is responsible for the well-being of the Club, its finances and assets.
19.1.2. The Commodore shall chair all meetings at which he is present, or shall nominate a chairman to act
in his place even though he may remain, and participate in the meeting.
19.1.3. The Commodore when he considers it is pertinent and necessary may instruct the Honorary
Secretary to call Special Meetings.
19.2. The Vice Commodore;
19.2.1. The Vice Commodore shall assist the Commodore in the general duties of the running and
managing of the Club.
19.2.2. In the absence of the Commodore to act in his stead.
19.2.3. To exercise control over the group of Sub-committees allocated to him as his responsibility.
19.3. The Rear Commodore;
19.3.1. The Rear Commodore shall assist the Commodore and the Vice commodore in their duties of
running and managing of the Club.
19.3.2. In the absence of the Vice Commodore to act in his stead.
19.3.3. In the absence of both the Commodore and Vice Commodore to be responsible for the running and
managing the Club.
19.3.4. To exercise control over the group of Sub-committees allocated to him as his responsibility.
19.4. The Honorary Secretary;
19.4.1. To give notice of all meetings.
19.4.2. The Honorary Secretary shall cause full and accurate minutes of all questions, matters, resolutions
and other proceedings of all Management Committee Meetings, Special Management Meetings,
Annual General Meetings, Special General Meetings and General Meetings to be entered in a book,
or by suitable electronic means, provided that hard copies are made available for inspection, at all
reasonable times, by any financial Member, who has applied to the Honorary Secretary for that
inspection.
19.4.3. For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every
Management Committee or Special Management Meeting shall be signed by the Chairman of that
meeting, or the Chairman of the next succeeding Management Committee or Special Management
Meeting verifying their accuracy. Similarly, the minutes of every Annual General, Special General
or General Meeting shall be signed by the Chairman of that meeting or the Chairman of the next
succeeding Annual General, Special General or General Meeting.
19.4.4. To keep or cause to be kept a Membership Register in accordance with Rule 10.
19.4.5. To conduct all correspondence to the satisfaction of the Commodore and file all documents
connected with the business of the Club.
Moreton Bay Trailer Boat Club Inc.
Constitution
19.4.6. To prepare an Agenda Sheet of the business of each Management, Executive, Special Management,
Annual General, Special General or General Meeting and to assist in the preparation of agendas for
any other Club Meeting on request.
19.4.7. To acquaint Club Officials and new members of their election.
19.4.8. To attend all meetings of the Club with all the necessary books, papers and electronic media and in
case of his inability to do so, to cause such books, papers and electronic media to be conveyed to
the place of the meeting.
19.4.9. To discharge such other duties as are usually discharged by Secretaries or as devolved upon him
under these Articles.
19.4.10. Should the Honorary Secretary through absence or for any other reason be temporarily unable to
attend to his duties the Management Committee shall have the power to appoint another member of
the Committee to act in his stead until such time as the Honorary Secretary can resume his duties.
19.4.11. In the exercise of his duties to be subject generally to the direction of and be controlled by the
Commodore.
19.5. The Honorary Treasurer;
19.5.1. To exercise general supervision over the accounts of the Club subject to the direction of the
Committee, and in accordance with Rule 43.
19.5.2. To report the financial position of the Club to each regular meeting of the Management Committee
and General Meeting and to any other Committee meeting, or to the Commodore as may be
required by the Management Committee or the Commodore.
19.5.3. To pay or cause to be paid all wages due to any employees of the Club and keep or cause to be kept
wage books and other relevant records and/or electronic media, and do or cause to be done all such
things required by statute or Arbitration Court Awards governing such matters.
19.5.4. To produce a Budget for the coming year as soon as possible after the end of the Club Financial
Year.
19.5.5. To monitor, adjust and maintain as necessary the Budget as the Club Year progresses.
19.5.7. Immediately upon relinquishment of his office to deliver or cause to be delivered to the
Management Committee, or the newly appointed Honorary Treasurer, all books, records, vouchers,
documents, etc, and all moneys belonging to the Club.
19.5.8. To discharge all such other duties as devolved upon him under this set of Rules.
19.5.9. Should the Honorary Treasurer through absence or for any other reason be temporarily unable to
attend to his duties, the Management Committee shall have the power to appoint another member
of the Committee to act in his stead until such time as the Honorary Treasurer can resume his
duties.
19.5.10. In the exercise of his duties, to be subject generally to the direction of, and controlled by, the
Commodore.
Moreton Bay Trailer Boat Club Inc.
Constitution
20. MANAGEMENT COMMITTEE.
20.1. The business and affairs of the Club shall be vested in a Committee elected each year at the AGM
which may be comprised of Honorary Life Members, Life Members, Fully Paid Members Retired
Members and Regular Members, all of whom are financial members of the Club.
20.2. This Committee shall be known as “The Management Committee’ or ‘Management’.
20.3. The Management Committee shall consist of the Commodore, Vice Commodore, Rear Commodore,
Honorary Secretary, Honorary Treasurer, Club Captain, the Immediate Past Commodore as per Rule
20.4 and two (2) elected Committee Members.
20.4. The Retiring Commodore to be known as the Immediate Past Commodore shall be a member of the
Management Committee for the 12 months following the completion of his full term of office. During
this period the Immediate Past Commodore shall enjoy all the rights and privileges of a member of the
Management Committee, including the right to vote.
20.5. 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, not withstanding 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 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.
20.6. A resolution in writing signed by a majority of the members of the Management Committee, for the
time being entitled to receive notice of a meeting of the Management Committee, shall be 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.
20.7. Resolutions may be passed at any General, Special General or Annual General Meetings that direct the
Management Committee to re-examine any previous Rule, regulation or By-Law that the members
find objectionable or unsuitable.
21. POWERS OF MANAGEMENT.
21.1 Except as otherwise provided by these Rules and subject to resolutions of the members of the Club
carried at any General, Annual General or Special General Meeting the Management Committee shall
have the power -
21.1.1. To exercise the general control and management of the administration of the affairs, property and
funds of the Club.
21.1.2. To exercise the Powers of the Club as stated in Rule 4.
21.1.3 To interpret the meaning of these Rules and any matter relating to the Club on which these Rules
are silent.
Moreton Bay Trailer Boat Club Inc.
Constitution
22. DUTIES OF THE MANAGEMENT COMMITTEE.
22.1 The Management Committee shall meet at least once every calendar month to exercise its functions.
22.2. The Management Committee may meet together and regulate its proceedings as it thinks fit, providing
always that decisions taken by the Management Committee shall not be inconsistent with this
Constitution, or any directions passed by the members at any General, Special General or Annual
General Meeting.
22.3. A member of the Management Committee shall not vote in respect of any contract or proposed
contract with the Club in which he, or any member of his intermediate family, has a vested interest, or
any matter arising therefrom.
22.4. The Commodore shall preside as Chairman at every meeting of the Management Committee. If there is
no Commodore, or if at any meetings he is not present within ten minutes after the time appointed for
the meeting, the Vice-Commodore shall be Chairman or if both the Commodore and
Vice-Commodore are not present at the meeting then the Rear Commodore shall be Chairman.
22.5. 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. 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 day and at 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 from the time appointed for the meeting, the meeting shall lapse.
22.6. At any Management Committee Meeting or Special Management Committee Meeting the number of
Committee Members required to constitute a quorum shall be half of the number of members of the
Management Committee as per Rule 20.3.
22.7. An Advisory Committee of six (6) Past Commodores will be established to provide advice and
guidance to the Management Committee on contentious issues and other unresolved matters and
facilitate their resolution in an amicable manner. The Management Committee must refer to this
Advisory Committee but the Advisory Committee will have no power other than to give advice and
guidance.
A By-Law will establish the processes and procedures that the Advisory Committee will adopt.
22.8. All members of a newly elected Management Committee must attend a workshop for familiarisation
with the Constitution, meeting procedures, individual responsibilities and other matters deemed
necessary for effective management of the Club.
A By-Law will establish the processes and procedures for the conduct of this Induction Workshop.
23. SPECIAL MANAGEMENT COMMITTEE MEETINGS.
23.1. A special meeting of the Management Committee shall be convened by the Honorary Secretary on the
instructions of the Commodore or on the requisition in writing signed by not less than three of the
members of the Management Committee, or on the receipt of a written notice of appeal from a
prospective member as in Rule 9.5. or where a member is to be dealt with in accordance with Rule 29.
23.2. Seven (7) days notice shall be given by the Honorary Secretary to members of the Management
Committee of any Special Management Committee Meeting. Such notice shall clearly state the nature
of the business to be discussed thereat, together with the reasons for calling this Special Management
Committee Meeting.
23.3. In exceptional circumstances where there is a need to act before the necessary seven (7) days have
elapsed a Special Management Committee Meeting may be called by the Commodore and the
Honorary Secretary acting together and making a combined call for a Special Management Committee
Meeting to be held within the seven (7) days normally required as per Rule 23.2.
Moreton Bay Trailer Boat Club Inc.
Constitution
24. ELECTION OF THE MANAGEMENT COMMITTEE.
24.1 Nominations for the positions referred to in Rule 20.3 shall be in writing, signed by two (2) financial
members of the Club of more than twelve (12) months seniority of membership, and by the nominee
who shall also have more than twelve (12) months seniority of membership and voting rights as per
Rule 6.
24. 2. Nominations shall be delivered to the Honorary Secretary of the Club fourteen (14) clear days before
the Annual General Meeting.
24.3. If sufficient nominations for any position are not received by the Honorary Secretary by due date, the
Chairman of the Annual General Meeting shall call for nominations from the floor for those members
present and qualified to nominate for the remaining vacancies.
24.4. In the event of the receipt of more nominations than there are vacancies, then a secret ballot shall be
held to fill the positions.
24.5. Office bearers thus elected at the Annual General Meeting of the Club shall hold office until the next
Annual General Meeting when all shall retire from office but shall be eligible for re-election.
24.6 The Commodore may occupy the position for a maximum consecutive period of two (2) years.
25. RESIGNATION FROM MANAGEMENT COMMITTEE.
25.1. A member of Management Committee may resign from the Management Committee at any time by
giving notice in writing to the Commodore or Honorary Secretary. Such resignation shall take effect at
the time such notice is received, unless a later date is specified in the notice, when it shall take effect
on that later date.
25.2. Such resigned member may not nominate for the same position as he previously held on Management
for the remainder of the Club Year nor at the next following Annual General Meeting.
25.3. Where a member of Management has requested ‘Leave of Absence’ due to extenuating circumstances,
Rule 25.2 shall not apply should the member’s circumstances change so as to allow his nomination for
election with the view of returning to Management in the next Club Year.
26. EXPULSION FROM MANAGEMENT COMMITTEE.
26.1 Should a member of the Management Committee decline to carry out the task allotted to him, or fail to
carry out the requirements of the position for which he was elected to the satisfaction of the
Commodore and/or other members of the Management Committee, he may be expelled from the
Management Committee on the majority vote of the remainder of the Management Committee taken at
a Special Management Committee Meeting.
26.2. Such vote shall not be taken unless notice informing of the intention to move that the member be
expelled from the Management Committee has been given to all members of the Management
Committee as per Rule 23.2.
26.3 The Management Committee member who has been expelled from the Management Committee may
apply in writing within thirty (30) days of being so notified to appeal against his expulsion.
26.4. The Honorary Secretary shall convene a Special Management Committee meeting as soon as is convenient within three months of receipt of such written notice of appeal against his expulsion from the Management Committee. The member expelled shall be given the opportunity to state his case and to argue against his expulsion.
26.5. The decision of this Special Management Committee Meeting called as per Rule 26.4. shall be final.
27. VACANCIES ON MANAGEMENT COMMITTEE.
In the event of any position on the Management Committee becoming vacant from any cause whatsoever during the elected term of office, such vacancy shall be advertised in the next following Club Magazine and filled by election at the next General, Special General or Annual General Meeting whichever comes first.
28. ATTENDANCE AT MANAGEMENT COMMITTEE MEETINGS.
If any member of the Management Committee is absent from three (3) consecutive meetings of the Committee without seeking leave of absence his position may be declared vacant.
29. CONDUCT COMMITTEE.
29.1 Management Committee shall have the power to convene a Conduct Committee consisting of at least
three members to examine the conduct of any member who,