THE BEAUDESERT RSL SERVICES CLUB INC.

CONSTITUTION

1. NAME

a. The name of the Incorporated Association shall be ‘The Beaudesert RSL Services Club Inc.’ hereafter referred to as ‘the Club’.

2. DEFINITIONS

a. The following definitions apply to abbreviations and terms used within this Constitution:

(1) The abbreviations “RSL’ and ‘RSLA’ mean the returned and Services League of Australia.

(2) The term ‘Sub Branch’ means the Returned and Services League of Australia, Queensland Branch, Beaudesert Sub Branch.

(3) The term ‘Committee’ means the Management Committee of the Club.

(4) The term ‘Manager’ means Club Manager.

(5) The term ‘Secretary’ means Club Secretary

(6) Words implying the masculine gender shall include the feminine gender.

3. OBJECTS OF THE CLUB        

a. The objects of the Club shall be:

(1) To provide and maintain club premises, amenities and facilities for persons who have served the Commonwealth of Australian in its Armed Forces or the Armed Forces of the British Commonwealth of Nations or the Armed Forces of acknowledged allies engaged in similar wars or of similar service in armed forces to meet socially and to perpetuate the bonds of friendship created by mutual association in war or service within armed forces

(2) To provide and maintain club premises, amenities and facilities for its members, guests of members and bona-fide visitors.

(3) To affiliate with any other body possessing like aims and objects upon such terms and conditions as may be mutually agreed.

(4) To do all other such acts and things as are incidental or conducive to the attainment of the foregoing objectives.

4. POWERS OF THE CLUB

a. The powers of the Club shall be:

(1) To manage the funds and other assets of the Club.

(2) To subscribe to, become a member of and co-operate with any other associations, club or organization, 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 other club organization 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 31.

(3) In furtherance of the objects of the Club:

(a) To buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the benefit of persons legitimately using the facilities of the Club.

(b) 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 powers of the Club and to comply with any such arrangements.  

(c) To obtain from any government or authority any rights, privileges and concessions which the Club may think it desirable to obtain and to carry out, exercise and comply with any such rights, privileges and concessions.

(d) To appoint, employ, remove or suspend such managers, secretaries, servants, workmen, and other persons as may be necessary for the purposes of the Club.

(e) To invest and deal with the money of the Club not immediately required, in such manner as may from time to time be thought fit.

(f) In furtherance of the objects of the Club, to lend and advance money or to give credit to, any person or body corporate and to demand guarantee or indemnities for the payment of money or the performance of contract or obligations by any person or body corporate.

(g) 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 property of the Club, or any money due to the Club from purchasers and others.

(h) 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.

(i) To print and publish any newspapers, periodicals, books or leaflets that the Club may think desirable for the promotion of its objects.

(j) To make donations for patriotic, charitable or community purposes in cash or kind as deemed fit by the Management Committee.

(k) 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.

(l) To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Club.

5. MEMBERSHIP CLASSIFICATIONS

a. Membership of the Club shall consist of members who shall be of good repute and character, compatible with other members and who subscribe to the objects of the Club. Classifications of membership are:          

(1)              Service Member,

(2)              Associate Member,

(3)              Social Member,

b. Voting Rights. Only Service Members and associate Members have voting rights within the Club on any Matter.

c. Service Members. Service Members is a financial member who is a Service Member, Life Member and Life Subscriber Member of the RSLA and who is:

(1) a member of the Armed Forces of the Commonwealth of Australia or;

(2) a Merchant Seamen, eligible for membership of the RSLA; or

(3) an Ex-Servicemen or woman who is a discharge member of the Naval, Military or Air Forces of the Commonwealth of Australian: or

(4) An Ex-Serviceman or woman of the Naval, Military or Air-Forces of the United Kingdom or any part of the British Commonwealth of Nations or any nation deemed to be an ally and, who is the holder of an honourable discharge from those respective services and who has served for a minimum total of six calendar months.

d. Paid membership of the Beaudesert RSL Sub Branch includes the privilege of Service Membership of the Club.

e.  Associate Member. An Associate member is a financial member who is a spouse, spouse/defacto, father, mother, son, daughter, stepson, stepdaughter, brother, sister related to an Ex-Serviceman or Woman or member of the Armed Forces of the Commonwealth of Australia or her allies as deemed in Paragraph 3.a. (1) above who has been admitted as an Associate Member upon production of proof of relationship.

f.  Social Member. A Social Member is a financial member who has attained the minimum age of eighteen (18) years or of such age and who is not eligible to become a Service Member or Associate Member.

6. MEMBERSHIP

a. No person shall be admitted to the Club or remain a member of the Club who has been convicted of an indictable offence whether the same be tried summarily or otherwise.

b. Members must be of sound mind and have reached the minimum age of eighteen (18) years.

c. No member of the Club shall be entitled to any benefit or advantage that is not shared equally by every member.

d. Subject to ratification by members at a General Meeting, the Committee shall be entitled to restrict the numbers of all classes of membership, except Service Membership, at any time.

e. Every Applicant for any class of membership of the Club shall be proposed and seconded by financial Service Members or Associate Members of the Club. The application for membership of the Club shall be made in writing, signed by the applicant, be proposed and seconded and shall be in such form as the Committee from time to time prescribes. The prescribed membership fee shall accompany each application.

7.  ADMISSION AND REJECTION OF MEMBERS

a. At the next subsequent meeting of the Committee after the receipt of any application and the applicable fee for any class of membership, such application will be considered by the Committee, who shall determine the admission or rejection of the applicant.

b. Any applicant who receives a majority vote of the members of the Committee present at the meeting at which such application is considered shall be accepted as a member in the class of membership applied for.

c. Upon the acceptance or rejection of an application for any class of membership, the Secretary shall immediately give the applicant notice in writing of such acceptance or rejection.

d. If an application is rejected, the Secretary shall refund the amount of any fee paid.

e. Upon election of membership notice shall be given to the member by the Secretary together with a Club Rule Book which thereupon the rules within become binding on the member.

 8. MEMBERSHIP FEES

a. The Club’s financial year shall end on the thirty first (31) day of December each year.

b. The membership fees for each class of membership for the following year shall be such as the Committee shall decide at the July meeting of the Committee of the preceding year.

c. The membership fees for each class of membership, other than the first subscription of a new member which must be submitted with the application, shall be payable to the Secretary of the Club by the first day of January in each year and every year.

d. Each member shall receive a membership card issued by the Secretary when a Member’s annual subscription is paid, and which shall be required to be produced on entry to the Club.

 9. REGISTER OF MEMBERS

a. The Committee shall ensure that a Register be kept in which shall be entered the names and residential addresses of all persons admitted to membership of the Club, dates of their admission and membership numbers.

b. Particulars shall also be entered into the Register of deaths, resignations, suspensions, terminations and reinstatements of membership and any other particulars as the Committee or the Members at any General Meeting may require from time to time.

c. The Register shall be open for inspection at all reasonable times by any Member who previously applies to the Secretary for such inspection and the reason for such inspection of their own records.

10. GUESTS

a. Members and Reciprocal Members may introduce guests to the Club. The guest’s name shall be printed on the supplied form together with the Member’s signature, reciprocal club name and reciprocal club membership number.

b. Guests shall not be supplied with liquor in the Club premises unless on the invitation and in company of the Member.

c. Should the Member be required to leave the Club for any reason, the Member’s guests must also leave.

11. MEMBERS IN ARREARS

a. If any member shall fail to pay their annual subscription by the first of January, the Secretary shall notify that member of such default in writing and if the said subscription be not paid within one calendar month of the date of such notice the person shall cease to be a Member and their name shall be deleted from the list of members. The Committee however, shall have the discretionary power to extending the time for payment for good and sufficient cause.

b. Non financial Members as at first of January each year shall not be eligible to participate in any Club promotion.

12. COMPLAINTS

a. No members shall make any derogatory or insulting remark against the Club or against any other Member of the Club or at any time criticize or make any allegations of impropriety or misconduct to or against any servant or employee of the Club, without first advising of the complaint to the Committee. All persons making such a complaint, shall, subject to these Rules, abide by any direction given by the Committee.

b. A complaint by a Member against the Club, another Member, a servant or an employee of the Club shall be lodged in writing and signed by the complainant, together with the names of any witnesses, within three (3) working days of the date of occurrence.

c. The Secretary shall write to the Member complained about, detailing the charges brought against the Member and instructing the Member to attend a meeting of the Committee or a Sub Committee formed for the purpose of hearing the complaint. The letter must be handed to the Member or sent by registered mail. A reasonable time must be afforded the Member to prepare a defence.

d. The Secretary shall write to the complainant requesting him to attend the same meeting to present a case.

e. The meeting shall hear the evidence of both parties, decide the issue and if necessary, impose any disciplinary action.

f. No legal representation will be permitted. No cross-examination will be allowed. No person involved in the complaint is to take part in any deliberation on the case. The proceedings must comply with the rules of natural justice.

e. On completion of the hearing, the Secretary is to inform all parties in writing of any decisions made by the Committee.

13.  TERMINATION OF MEMBERSHIP

a. A Member may resign from the Club at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that later date.

b. The Committee shall consider whether a membership shall be suspended or terminated if a member.      

(1)  is convicted of an indictable offence whether the same be tried summarily or otherwise,

(2)  fails to comply with any of the provisions of these rules,

(3)  has Membership fees in arrears for a period of one (1) month or more, or

(4) conducts themselves in a manner considered to be injurious or prejudicial to the character or interest of the Club.

  1. The member concerned shall be given a full and fair opportunity of presenting a case and if the Committee resolves to suspend or terminate membership it shall instruct the Secretary to advise the Member in writing accordingly.
  2. Any person on ceasing to be a Member shall have no rights whatsoever to claim upon the Club, its property and its assets.

14. APPEAL AGAINST REJECTION, SUSPENSION OR TERMINATION OF     MEMBERSHIP

  1. A person whose application for membership is rejected or whose membership has been suspended or terminated may, within one (1) clear month of receiving written notification thereof, lodge with the Secretary a written notice of intention to appeal against the decision of the Committee.
  2. Upon receipt of a notification of intention to appeal against rejection, suspension or termination of membership, the Secretary shall convene within three months of the date of receipt of such notice, a Special General Meeting of the Members of the Club for the purpose of determining the outcome of that appeal. At any such meeting the applicant shall be given the opportunity to fully present a case. The Committee and those Members thereof who rejected the application for membership or who determined suspension or termination of membership subsequently must all attend the meeting and have the opportunity of presenting its or their case. The appeal shall be determined by the vote of Club Members eligible to vote, present at any such meeting.

 15.  MEMBERSHIP OF THE MANAGEMENT COMMITTEE

  1. The management and control of the Club shall be invested in a Management Committee consisting of an Executive and a Committee of Members. The Executive shall consist of a President, a Vice president, an Honorary Treasurer and an Honorary Secretary all of whom shall be Financial Members of the Beaudesert Sub Branch of the RSLA.
  2. Committee Members shall comprise no fewer than four (4) and not more than six (6) Service and Associate Members of the Club. No fewer than two thirds of those members shall be Service Members of the Club, that is, financial members of the Beaudesert Sub Branch of the RSLA. All Executive Members and Members of the Management Committee shall serve for an initial period of one (1) year.
  3. A member must serve in a continuous capacity on the Committee for one (1) full term from one Annual General Meeting to the next Annual General Meeting before being eligible to hold an Executive position.
  4. Any Member of the Committee who absents himself from three (3) consecutive meetings of the Committee without apology to the Secretary will be deemed to have disqualified themselves from the Committee.

 16. FUNCTION OF THE MANAGEMENT COMMITTEE

(1)    Subject to these rules or a resolution of the members of the association carried at a general meeting, the management committee has the general control and management of the administration of the affairs, property and funds of the association.

(2)    The management committee has authority to interpret the meaning of these rules and any matter relating to the association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act.

(3)    The Management committee may exercise the powers of the association:-

(a)    to borrow, raise or secure the payments of amounts in a way the   members of the association decide; and

(b)    to secure the amounts in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the association in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the association property, both present and future; and

(c)    to purchase, redeem or pay off any securities issued; and

(d)    to borrow amounts from members and pay interest on the amounts; borrowed; and

(e)    to mortgage or charge the whole or part of its property; and

(f)      to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the association; and

(g)    to provide and pay off any securities issued; and

(h)    to invest in a way the members of the association may from time to time decide.

(4)    For sub rule (3) (d), the rate of interest must not be more than the current rate being charged for overdrawn accounts on money lent (regardless of the term of the loan) by- 

(a)    the financial institution for the association; or

(b)    if there is more than 1 financial institution or the association – the financial institution nominated by the management committee.

 17.  ELECTION OF THE MANAGEMENT COMMITTEE

  1. The election of the Executive and Members of the Management Committee shall take place in accordance with the following Rules.
  2. At the Annual General Meeting of the Club, all members of the Committee for the time being shall retire from office, but shall be eligible upon nomination for re-election.
  3. Prior to the Annual General Meeting nominations for the Executive Committee shall be in writing, proposed by one and seconded by another Service Member of the Club and signed by the nominee agreeing to the nomination. All nominees shall be Service members of the Club.
  4. Prior to the Annual General meeting nominations for Committee Members shall be in writing proposed by one and seconded by another Service Member except for the prescribed number of nominations for Associate Member of the Committee who may be proposed and seconded by Club Associate Member. All nominees must sign the nomination agreeing to the nomination.
  5. All nominations shall be lodged with the Secretary at least fourteen (14) clear days before the day of the Annul General Meeting at which the election is to take place.
  6. A list of candidate’s names in alphabetical order, and the office for which each is nominated together with the names of each Members nominating and seconding the nomination shall be posted in the foyer of the Club’s premises and on all Club notice boards for a least seven (7) days immediately preceding the date set for the holding of the Annual General Meeting.
  7. If necessary, Ballot Lists shall be prepared containing the names of the candidates, the order of which shall be determined by the drawing of lots. Each Service and Associate Member present at the Annual General Meeting shall be entitled to one vote for any number of such candidates not exceeding the number of vacancies.
  8. Should at the commencement of the voting procedures there be an insufficient number of candidates, nominations may be taken from the floor.
  9. The President, Vice President, Secretary and Treasurer shall be elected in that order before the election of Committee Members. Any person who is nominated for any office shall, if not elected to that office, be automatically eligible for election to any other office for which that person may have been nominated.
  10. If there is more than the required number nominated for any position an election by ballot shall take place, but if there is only the prerequisite number nominated, the Chairman of the Annual General Meeting of the Club shall declare those nominations duly elected.
  11. An appointed Returning Officer, who shall have scrutineers appointed by the Committee to assist with the counting of votes, shall conduct the ballot.
  12. At the closing of the ballot, the Returning Officer shall proceed with the examination of the voting papers and shall report the result to the chairman who shall declare such candidate or candidates who receive the greatest number of votes, to be duly elected.
  13. If there is any doubt as to the formality of the voting paper the matter shall be referred to the chairman whose decision shall be final.
  14. In the event of an equality of votes in favour of one or more candidates, the Chairman of the meeting shall have the casting vote so as to ensure the election of not more Members than are necessary to fill the vacancies.
  15. Members of the Club who are not Service or Associate Members, or who are employees of the Club or who are Members under suspension shall not be eligible for nomination or election to the Management Committee.

 18. MEETING OF THE MANAGEMENT COMMITTEE

  1. Frequency of Meeting. The Management Committee shall meet at least once each calendar month to exercise the function. Subject as previously provided in this Rule, the Management Committee may meet together and regulate its proceedings as it thinks fit.
  2. Quorum. At every meeting of the Management Committee a simple majority of a number equal to the number of Members of the Committee as at the close of the last General Meeting of the Members, shall constitute a quorum.
  3. Convening of a Special General Meeting. A special meeting of the Management Committee shall be convened by the President, Vice President or delegated member of the Management Committee when such requirement arises or, 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 nature of the business to be transacted thereat.
  4. Notice of Special Meeting. The Secretary shall give not less than seven (7) clear days of notice to Members of the Management Committee of any Special General Meeting of the Management Committee. Such notice shall clearly state the nature of the business to be discussed thereat.
  5. Majority of Votes. Questions arising at any meeting of the Management Committee shall be decided by a simple majority of votes and, in the case of equality of votes, the Chairman shall have the casting vote.
  6. Conflict of Interest. A member of the Management Committee shall not vote in respect of any contract or proposed contract with the Club in which he holds an interest, or any matter arising therefrom.
  7. g.      Appointed Chairman. 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 fifteen (15) minutes after the time appointed for holding the meeting, the Vice President shall be the Chairman or if the Vice President is not present at the meeting then the Members may choose one of their number to be the Chairman of the meeting.
  8. h.      Quorum Not Present. If within half an hour from time appointed for the commencement of the meeting a quorum is not present, the meeting, if convened upon the requisition of Members of the Management Committee, shall lapsed. 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.
  9. i.        Minutes. The Secretary shall cause concise and accurate minutes of all questions, matters, resolution and other proceedings of every Management Committee Meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously apply to the Secretary for that inspection.
  10. j.        Verification of Minutes. For the purpose of ensuring the accuracy of the recording of such minutes, the minutes of every Management Committee Meeting shall be signed by the Chairman of that Management Committee Meeting or the Chairman of the next Management Committee Meeting, verifying their accuracy.
  11. k.      Attendance at Management Committee Meeting. Only elected Members of the Management Committee may attend Management Committee Meetings but guests may be invited at the request of the President who may grant guests permission to speak.

 19.  DELEGATION OF POWERS OF THE MANAGEMENT COMMITTEE

  1. Formation of a Sub-Committee. The Management Committee may delegate any of its powers to a sub-committee consisting of any such Members of the Club as the Management Committee thinks fit other than those relating to election or suspension of Members and termination of membership. Any sub-committee so formed shall in the exercise of its delegated powers conform to any regulation that may be imposed on it by the Management Committee.
  2. Frequency of Meeting. A sub-committee may meet and adjourn as it thinks proper or as directed by the President of the Management Committee.
  3. Appointment of Chairman. 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 fifteen (15) minutes after the time appointed for holding the meeting, the members present may choose one of their number to be Chairman of the meeting.
  4. Voting. Questions arising at any meeting shall be determined by a simple majority vote of the Members present and, in the case of equality of votes, the Chairman shall have the casting vote.

 20. RESOLUTION OF MANAGEMENT COMMITTEE WITHOUT MEETINGS

  1. 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 formed and held. Any such resolution may consist of several documents in like form, each signed by one or more members of the Management Committee.

21. RESIGNATION OR REMOVAL FROM THE MANAGEMENT COMMITTEE

  1. Resignation. Any member of the Management Committee wishing to resign from membership of the Committee must give notice in writing to the Secretary. Such resignation shall take effect at time such notice is received by the Secretary unless a later date is specified in the notice when it will take effect on the later date.
  2. Removal. A Member deemed by the Management Committee by a majority vote to be unsuitable for the position by reason of misconduct or other offence previously specified may be removed from office at a meeting of the Committee where that Member shall be given the opportunity to fully present a case. Appeal against such removal shall be conducted within the same procedure as laid out in Rule 14.

22. VACANCIES ON MANAGEMENT COMMITTEE

  1. Appointment of Casual Vacancy. The Management Committee shall have the power at any time to appoint any financial Member who has voting rights within the Club to fill any casual vacancy on the Management Committee until the next Annual General Meeting.
  2. Quorum with Casual Vacancy. The continuing Members of the Management Committee may act not withstanding any casual vacancy in the Management Committee, but if and so long as their 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 so that of a quorum for summoning a General Meeting of the Club, but for no other purpose.

 23. ANNUAL GENERAL MEETING OR GENERAL MEETING

  1. Annual General Meeting. The Annual General Meeting shall be held within three months of the close of the Club financial year (31st December) on a day and at a place and time to be determined by the Management Committee.
  2. The business to be conducted at the Annual General Meeting (AGM) shall be:

(1) The receiving of the Management Committee’s report and the statement of income and expenditure, assets and liabilities.

(2) The receiving of the Auditor’s report upon the books and accounts for the preceding financial year.

(3) The election of the Members of the Management Committee.

(4) The appointment of an Auditor.

(5) The appointment of an Honorary Solicitor.

  1. Special General Meeting. The Secretary shall convene a Special General Meeting.

(1) 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 nature of the business to be transacted thereat.

(2) On being given a notice in writing of an intention to appeal against the decision of the Management Committee to reject an application for membership or to terminate or suspend the membership of any person.

  1. Notice. The Secretary shall convene all General Meetings of the Club by giving not less than fourteen (14) days notice of any such meeting to the Members of the Club and any such notice shall clearly state the nature of the business to be discussed thereat.
  2. Manner of Notice. The manner by which such notice shall be given shall be determined by the Committee, provided that notice of any meeting convened for the purpose of hearing and determining the appeal of a Member against the rejection, termination or suspension of membership by the Management Committee shall be given in writing.
  3. Quorum Numbers. At any General Meeting the number of Members required to constitute a quorum shall be the number on the Management Committee plus one.
  4. Quorum Requirement. No business shall be transacted at any General Meeting unless a quorum of Service Members and Associate Members are present at the time when the meeting proceeds to business.
  5. No Quorum Present.  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, 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 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 Service Members and Associate Members present shall be the quorum.
  6. Adjourned Meeting. 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 meeting from which the adjournment took place. When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be give as in the case of the adjourned meeting. Save as aforesaid, it shall not be necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.

 24. CONDUCT OF A GENERAL MEETING

  1. Unless otherwise provided for in these Rules, the Rules listed below shall apply to all General meetings. 

(1) Chairman. The President shall preside as Chairman, or if there is no President, or if he is not present within fifteen (15) 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 unwilling to act then the Members present shall elect one of their number to be Chairman of the meeting.

(2) Maintenance of Order. The Chairman shall maintain order and conduct the meeting in a proper and orderly manner.

(3) Determinations. Every question, matter or resolution shall be decided by a majority of votes of the eligible Members present.

(4) Voting. Only Service Members and Associate Members present shall be entitled to vote and in the case of an equality of votes the question shall be resolved by the Chairman.

(5) Method of Voting. Voting shall be by a show of hands or a division of members, unless not less than one third of the Members present demand a secret ballot, in which event there shall be secret ballot.

(6) Secret Ballot. The Chairman shall appoint two members to conduct the secret ballot in such manner as he shall determine and the result of the ballot as declared by the Chairman shall be deemed to be resolution of the meeting of which the ballot was deemed.

(7) Minutes. The Secretary shall cause concise and accurate minutes of all questions, matters, resolutions and other proceedings of every General Meeting to be entered in a book to be open for inspection at all reasonable times by any financial members who previously apply in writing to the Secretary for that inspection.

(8) Verification of Minutes. For the purpose of ensuring the accuracy of the recording of such minutes, the minutes of every General Meeting shall be signed by the Chairman of that General Meeting, Special General Meeting or Annual Meeting or the respective Chairman of the next respective General Meeting, Special General Meeting or Annual General Meeting verifying their accuracy.

 25. CLUB BY-LAW

  1. 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 Club. Any By-Law may be set aside by a General Meeting

 26.  ALTERATIONS OF RULES

  1. Subject to the Associations Incorporation Act 1981, these Rules may be amended, repealed or added to by a special resolution carried at a general meeting.
  2. However an amendment, repeal or addition is valid only if it is registered by the chief executive.  

 27.  CLUB COMMON SEAL

  1. 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 the seal is affixed shall be signed by a member of the Management Committee and shall be countersigned by the Secretary or by a second Member of the Management Committee or by some other person appointed by the Management Committee for that purpose.

 28. CLUB FUNDS AND ACCOUNTS

  1. The funds of the Club shall be deposited in the name of the Club in such Bank or Permanent Building Society 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 Club and the particulars usually shown in books of a like nature.
  3. All moneys shall be deposited as soon as practicable after receipt thereof.
  4. All accounts shall be paid by cheque signed by any two of the President, Secretary, Treasurer or other Member authorized from time to time by the Management Committee.
  5. Cheques shall be crossed ‘Not Negotiable’.
  6. The Management Committee shall determine the amount of petty cash that shall be kept on the imprest account.
  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 a statement containing particulars of:

(1) the income and expenditure for the financial year just ended, and

(2) the assets and liabilities, charges and securities affecting the property of the Club at the close of the year

  1. The statement shall be examined by the auditor who shall present his report upon such audit to the Secretary prior to holding of the Annual General meeting next following the financial year in respect of which such audit was made.
  2. The income and property of the Club whensoever 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 amongst the members of the Club. It is provided that nothing herein contained shall prevent the payment in good faith of interest to any such members in respect of monies advanced by him to the Club or otherwise owing by the Club to him of remuneration to any officers or servants of the Club or to any member of the Club or other person in return for any services actually rendered to the Club. It is further provided 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 charges for goods hired by the Club or reasonable and proper rent for premises demised let to the Club.

 29. CLUB DOCUMENTS    

  1. The secretary shall provide for the safe custody of books, documents, instruments of title and securities of the Club.

30. CLUB FINANCIAL YEAR

  1. The financial year of the Club shall close on the thirty first (31) day of December in each year.

31.  DISTRIBUTION OF SURPLUS CLUB ASSETS

  1. If the Club 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 Members of the Club, but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Club, and which shall prohibit the distribution of its or their income of the Club under or by virtue of Rule 28.j. such institution or institutions to be determined by the Members of the Club.

32. ACKNOWLEDGEMENT

  1. The Club acknowledges that the RSLA has consented to the use of the letters RSL in the name of the Club. If in future the RSLA so directs in writing, the Club will change its name to a name not including the letters RSL, and will thereafter cease to use or display in any manner whatsoever any letterhead, badge, symbol, notice or the like, which in any way indicates a connection or possible connection with the RSLA.

 

THE BEAUDESERT RSL SERVICE CLUB INC.

BY-LAWS

1. Club Premises

a. The Club premises shall be open daily to members for the times set down by the Committee and in accordance with the provisions of the Liquor Act.

2. Suspended Members May Attend Sub Branch Meetings

a. Service Members whose Club membership has been terminated or suspended shall be allowed to attend Sub Branch meetings which are conducted on the Club premises but are only to remain on the Club premises for the duration of such meetings.

 

3. Club Property

  1. Without the approval of the Committee, no member of the Club shall take away or allow to be taken away from the Club, any newspaper, periodical or other property of the Club.
  2.  Any member or visitor introduced by a Member who shall injure, damage or destroy any Club property shall be required to pay for the repair, restoration or replacement of any such property as the Committee shall decide.

 4.  Dogs and Animals

  1. Excluding guide dogs, no Member shall bring onto the Club premises any animal or reptile. 

 5. Reprimanding of Club Servants

  1. No member shall reprimand any servant of the Club but shall address any complaint in writing to the Secretary.

 6. Club Not to be Used For Business

  1. No member shall give the name or address of the Club in any advertisement or use the Club for business purposes.

 7. Payment of Charges Incurred    

  1. Every Member shall pay all charges incurred by the member or charges incurred by a visitor introduced by the Member prior to leaving the Club.
  2. No member shall be entitled to credit for goods or refreshments supplied, or games played by the Member or any visitor introduced by the Member.

 8. Conduct of Members

  1. Any Member or visitor infringing the Rules or whose conduct, in the opinion of the Manager or Committee Member, is derogatory or prejudicial to the interests of the Club shall be liable to immediate removal from the Club on the authority of the Manager or Duty Supervisor or any other penalty described herein.

 9. Theft and Damage

  1. The Club shall not be responsible for the loss of, theft of, or damage to any article, property or motor vehicle left in the Club grounds or the adjoining precincts.

 10. Visitors

a.   Non- members who reside within 15 kilometres of the club shall not enter the Club unless accompanied by a Member and must, upon entry, sign the Visitors Book. A Member introducing a visitor shall be responsible for the acts and debts of the visitor and the visitor must remain in the company of the Member and depart when the Member leaves.

11. Payment and Charges Incurred

a.   Every Member shall pay all charges incurred by them on their own account and any charges incurred by their visitor with their knowledge.

12. Home Supplies

a. Liquor may be sold for consumption on or off the premises to:

    1. members of the club.

2. members of clubs with formal reciprocal rights.

b. Liquor may be sold for consumption on the premises only to.

  1. a guest of a member.
  2. a guest of a member of a club with formal reciprocal rights.
  3. an applicant for membership for 30 days after receipt of application.
  4. an interstate or oversea visitors.
  5. a visitor who resides at least 15 kilometers from the club.
  6. a person attending a function on the premises.

No takeaway sales are permitted to people in these categories.

13. Lending or Borrowing

No member of the Committee or Staff member may lend or borrow money from a Member of the Club.

14. Gaming Machines

  1. A person under the age of 18 years must not play gaming machine.
  2. A gaming employee may determine that 1 gaming machine only may be played by a person at the same time.
  3. A gaming machine may be reserved by a person without play for a maximum period of 3 minutes.
  4. No person, other than a person permitted under the Act, is to touch an internal part of a gaming machine.
  5. A gaming employee must refuse to pay a cancelled credit or jackpot payout if he or she believes on reasonable grounds that –
    1. the gaming machine credits were not accumulated, or the winning combination was not obtained, during permitted hours of gaming under section 235 of the Act; or
    2. the person claiming the cancelled credit or jackpot is not the person entitled to the payment or a person acting on behalf of that person; or
    3. the Act has been contravened by the person claiming the cancelled credit or jackpot payout.
  1. If under section 14 (e), a gaming employee refuses to make a payment, the gaming employee must as soon as practicable submit a report to the chief executive.
  2. (1)        For section 242(2)(b) of the Act, a licensee required to make payment to a player for a cancelled credit or jackpot of more than $500 must make the payment in one of the following ways –
    1. $500 of the payment in Australian currency and the balance of the payment by cheque:
    2. if requested by the player –

(a) an amount less than $500 of the payment in Australian currency and the balance of the payment by cheque; or

(b) the entire payment by cheque.

h.   (2) For making a payment under subsection (1) –

1. if part of the payment is in Australian currency – licensee must pay the Australian currency when the player claims payment: and

2. the licensee must give a cheque to the player or post it to the player’s address, within 24 hours after the player claims payment

15. Food or Drink in the Club

  1. With the exception by staff members for their own consumption, no food or drink is to be brought into the Club.

 16. Members Not to Enter Certain Places 

  1. Members may not enter offices, storerooms, kitchens, or go behind bar counters without the authority of the Manager.

17.  Dress

  1. Must comply with the Liquor Act 1992.
  2. A reasonable and acceptable standard of dress is expected from both males and females at all times.
  3. Males. Smart casual dress or reasonable standard of dress consisting of trousers or dress shorts and footwear is permitted at any time. All clothing and footwear must be clean and in good repair. The following dress for males is not permitted except as specified:

(1) Any form of headwear is not permitted inside the premises except for the specific purpose of promotions or entertainment contracted by and approved by the Manager or on RSL approved religious or medical or ceremonial grounds.

(2) Clean work clothes are permitted in the main bar area only up to 1900 hours (7.00 pm).

(3) Rubber thongs are not permitted after 1900 hours (7.00 pm).

(4) Singlets are not permitted at any time.

(5) Any clothing displaying offensive material is not permitted at any time.

(6) No torn or worn clothing 

  1. Females. Smart casual dress of a modest nature and dress hats are permitted at any time. All clothing and footwear must be clean and in good repair. The following dress for females is not permitted except as specified:

(1) Transparent clothing, singlet tops or tops exposing the midriff or bust or revealing dresses or skirts, shorts that are not of a dress nature and swimwear are not permitted at any time.

(2) Clean work clothes are permitted in the main bar area only up to 1900 hours (7.00pm).

(3) Sporting apparel, bike pants and rubber thongs are not permitted after 1900 hours (7.00pm).

(4) Any clothing displaying offensive material is not permitted at any time.

  1. Children. Children must be tidily dressed and are to wear shoes at all times. All clothing and footwear must be clean and in good repair.

 18. Supervision of Children

  1. Children are to be directly supervised by parents or a responsible adult at all times.

 19. Right to Refuse Entry

a.   The management reserves the right to refuse entry to any and all persons at all times.