Statement of Purposes and Rules
(otherwise known as the Constitution)
of Chess Victoria Incorporated
(formerly Victorian Chess Association Incorporated)
Last amended: 27 November 2005,
C
HESS VICTORIA
INC
Founded 1938 Incorporated 1983 reg. no. A0000387H ABN 22 896 147
339
Affiliate of the Australian Chess Federation Inc, a member of
the Fédération Internationale Des Échecs
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STATEMENT OF PURPOSES
The purposes of Chess Victoria Incorporated are:-
1. to foster and control the game of chess in Victoria;
2. to represent the chess players of Victoria in all chess
matters;
3. to conduct annual Victorian chess championships and other
chess competitions for individuals and
teams;
4. to encourage excellence in the playing of chess, the
promotion of chess and sportsmanship generally by
the presentation of prizes and awards;
5. to provide a forum for the discussion and resolution of
questions relating to the playing and
administration of chess in Victoria;
6. to cooperate with other associations whose purposes and
interests are in accord with those of the
Association;
7. to provide through the promotion of chess an activity whereby
leisure time may be used in a manner
conducive to peaceful coexistence and enhanced quality of life;
and
8. generally, to do all such things as the Association may deem
appropriate to achieve the above purposes
or any of them.
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RULES
1. Name
1
The name of
the incorporated association is "Chess Victoria Incorporated" (in
these rules called "the
Association").
2. Definitions and Interpretation
2
(1) In
these rules, unless the contrary intention appears, words importing the
masculine gender shall include
the feminine, the singular shall include the plural and vice
versa and the following definitions shall apply:
"the Act" means the Associations Incorporation Act
1981;
"the Regulations" means regulations under the Act;
"the Executive" means the committee of management of
the Association;
"the Members of the Executive" means the officers of
the Association;
"General Meeting" means a general meeting of members
convened in accordance with
these rules;
"Financial Year" means the year ending on 30
September;
"Affiliation Year" means the year ending on 31 March;
"Club" means an association, society, club,
institution, league, school, team,
organisation or other body formed or carried on for any lawful
purpose but not for the
purpose of trading or securing pecuniary profit for its members;
"Affiliated Clubs" means both Fully Affiliated Clubs
and Provisionally Affiliated Clubs;
"Senior Club Official" means a person the Executive
regards as authorised to act on
behalf of a Club in matters relating to the affiliation of the
Club and the appointment of
its representatives;
"Delegate" means a representative of a Fully
Affiliated Club.
(2) In these rules, a reference to the secretary of the
Association is a reference:-
(a) where a person holds office under these rules as secretary
of the Association - to that person; and
(b) in any other case, to the public officer of the Association.
(3) Words or expressions contained in these rules shall be
interpreted in accordance with the provisions of the
Acts Interpretation Act 1958 and the Act as in force from time
to time.
3. Membership of the Association
3
(1)
Membership of the Association shall be limited to natural persons classified by
the Association as:-
(a) Delegates;
(b) Members of the Executive; and
(c) Honorary life members.
(2) A natural person shall be eligible for membership of the
Association as a Delegate upon receipt by the
secretary of written advice from a Senior Club Official from a
Fully Affiliated Club to the effect that the
person is nominated by the Club to represent the Club as a
Delegate.
(3) A person eligible for membership of the Association as a
Delegate shall become a member of the
Association upon approval by the Executive of his nomination and
entry of his name in the register of
members.
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(4) The number of persons who may be nominated as Delegates by a
Fully Affiliated Club shall be based on
the number of persons used as the basis for calculation of the
annual club affiliation fee paid by the club in
respect of the current Affiliation Year and shall be limited as
follows:-
(a) no more than 1 Delegate nominated by a Fully Affiliated Club
which had a total of 10 to 25 members
during the previous Affiliation Year;
(b) no more than 2 Delegates nominated by a Fully Affiliated
Club which had a total of 26 to 40 members
during the previous Affiliation Year;
(c) no more than 3 Delegates nominated by a Fully Affiliated
Club which had a total of 41 to 60 members
during the previous Affiliation Year;
(d) no more than 4 Delegates nominated by a Fully Affiliated
Club which had a total of 61 to 80 members
during the previous Affiliation Year;
(e) no more than 5 Delegates nominated by a Fully Affiliated
Club which had a total of 81 or more
members during the previous Affiliation Year.
(5) A Delegate shall cease to be a member of the Association:-
(a) if the Club which nominated him ceases to be a Fully
Affiliated Club; or;
(b) if the Executive receives from a Senior Club Official from
the Club which nominated the Delegate
written advice to the effect that he is no longer to be regarded
as a representative of the Club; or
(c) if he resigns in writing to the president or secretary of
the Association; or
(d) if he is absent from two consecutive General Meetings and no
motion to the contrary is carried by a
General Meeting.
(6) For the purposes of sub-clause (5)(d), a Delegate shall be
deemed absent if not present 15 minutes after
the time notified for the start of the meeting.
(7) A person who becomes a member of the Executive in accordance
with these rules shall be a member of the
Association for as long as he is a Member of the Executive.
(8) Membership of the Association as an Honorary Life Member may
be granted to persons who have
rendered outstanding service to the Association or to chess
generally.
(9) The number of Honorary life Members at any one time shall
not exceed five.
(10) Nomination for honorary life membership shall be made by
the Executive, four-fifths of whom must
approve.
(11) Election to honorary life membership shall take place at a
General Meeting and shall require a two-thirds
majority vote.
(12) Membership of the Association as an Honorary Life Member
shall terminate:-
(a) if annulled by the same procedure as that by which it was
granted; or
(b) if the Honorary Life Member resigns his life membership in
writing to the president or secretary; or
(c) upon the death of the Honorary Life Member.
(13) A person who is not a member of the Association at the time
of the incorporation of the Association (or
who was such a member at that time but has ceased to be a
member) shall not be admitted to membership
except in accordance with these rules.
(14) A right, privilege or obligation of a person by reason of
his membership of the Association:-
(a) is not capable of being transferred or transmitted to
another person;
(b) terminates upon the cessation of his membership whether by
death or resignation or otherwise.
(15) The secretary shall keep and maintain a register of members
in which shall be entered the full name,
address and date of entry and deletion of the name of each
member and the register shall be available for
inspection by members of the Association at the address of the
secretary.
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4. Affiliation of Clubs
4
(1) The
Association may grant status:-
(a) as a Provisionally Affiliated Club; or
(b) as a Fully Affiliated Club
to groups of persons with a common interest in accord with the
purposes of the Association.
(2) Status as a Provisionally Affiliated Club may be granted by
a two-thirds majority vote at an Executive or a
General Meeting if all fees payable by the Club in respect of
the provisional affiliation of the Club have
been paid in full in advance to the Association.
(3) Status as a Fully Affiliated Club may be granted to a
Provisionally Affiliated Club by a two-thirds
majority vote at a General Meeting if:-
(a) all fees payable by the Club to the Association have been
paid in full;
(b) the Club has been provisionally affiliated throughout the
previous 12 months;
(c) the Club is incorporated under the Act;
(d) the total number of persons the Executive regards as having
been members of the Club at one time or
another during the previous Affiliation Year and at the time
full affiliation is granted is in both cases
not fewer than the minimum required during the previous
Affiliation Year to entitle a Club to
nominate one Delegate in accordance with rule 3 sub-clause (4);
and
(e) such other requirements as the meeting may have are met.
(4) An Affiliated Club whose membership the Executive regards as
fewer than the number required in the
previous Affiliation Year to entitle a Club to nominate one
Delegate in accordance with rule 3 sub-clause
(4) shall be classified as a Provisionally Affiliated Club,
regardless of whether or not the Club was
previously a Fully Affiliated Club.
(5) A Fully Affiliated Club which has not paid an account
delivered to it in accordance with rule 13 shall, for
as long as the account remains unpaid during the 60-day period
following delivery, be classified as a
Provisionally Affiliated Club; such a Club shall immediately
regain status as a Fully Affiliated Club if the
account is paid in full to the Association within the 60-day
period.
(6) If, at the expiration of the 60-day period following
delivery of an account to an Affiliated Club, the
account has not been paid in full to the Association and no
decision to the contrary has been taken by a
General Meeting, the Club shall be disaffiliated.
(7) The status of a Fully Affiliated Club shall change to that
of a Provisionally Affiliated Club if that Club is
no longer incorporated under the Act or has not been
incorporated under the Act.
(8) An Affiliated Club shall be required to:-
(a) make from time to time as required by the Executive a
written declaration containing
(i) a list of names of all persons the Club regards as its
members, all players representing the Club
in Association-run interclub competitions and such other persons
as the Club may wish to
make eligible to become Registered Competitors in accordance
with rule 5 — all of whom the
Executive may regard as members of the Club for the purposes of
these rules;
(ii) the name and address of each person the Club nominates as a
representative of the Club for the
purposes of eligibility for membership of the Association as a
Delegate; and
(iii) such other information as may be provided for on
membership declaration and affiliation
application/renewal forms provided by the Executive;
(b) provide each person whose name appears on the list mentioned
in part (a) of this sub-clause with
written evidence that he is to be regarded as a member of the
Club for Association purposes;
(c) unless otherwise decided by a General Meeting, pay in full
to the Association within 60 days of an
account being delivered such amounts as the account indicates
are payable by the Club; and
(d) comply with the rules, by-laws and resolutions of the
Association and the rulings of its officers and
officials and refrain from activity prejudicial to the interests
of the Association.
(9) An Affiliated Club shall be disaffiliated:-
(a) by a two-thirds majority vote at a General Meeting; or
(b) in accordance with sub-clause (6) for failure to pay an
account; or,
(c) upon receipt by the secretary of advice in writing from a
Senior Club Official from the Club to the
effect that the Club wishes to be regarded as disaffiliated.
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(10) Before regaining affiliation, a Club which has been
disaffiliated for any reason shall be required to pay all
amounts payable by the Club to the Association and any joining
fee or levy payable by an unaffiliated
Club applying to become a Provisionally Affiliated Club.
(11) A Club which has been disaffiliated for any reason may be
reaffiliated only as a Provisionally Affiliated
Club and all rules governing the granting of status as a
Provisionally Affiliated Club shall apply to a Club
which has been disaffiliated.
5. Registration of Players
5
(1) The
Executive may grant status as a Registered Competitor:-
(a) to persons the Executive regards as members of an Affiliated
Club; and
(b) to persons whose twentieth birthday is on or after 1 January
of the year in which such status is
granted.
(2) Status as a Registered Competitor shall not be granted to a
person who is not regarded by the Executive as
a member of an Affiliated Club unless:-
(a) that person’s twentieth birthday is on or after January 1
of the year in which such status is granted;
(b) such status is granted only for the purpose of enabling the
person to participate in an activity which a
General Meeting has agreed need not be limited to members of
Affiliated Clubs.
(3) The rights, privileges and obligations of Registered
Competitors shall be as indicated in a by-law made in
accordance with these rules.
6. The Executive
6
(1) The
affairs of the Association shall be managed by the Executive.
(2) The Executive may, subject to these rules, the Regulations
and the Act, exercise all such powers and
functions as may be exercised by the Association other than
those powers and functions that are required
by these rules to be exercised by General Meetings.
(3) Subject to these rules, the Regulations and the Act, the
Executive has power to perform all such acts and
things as appear to the Executive to be appropriate for the
proper management of the business and affairs
of the Association including without limiting the generality of
the foregoing the power:-
(a) to fill casual vacancies arising in any office in the
Association;
(b) to create and abolish offices other than those specified in
these rules;
(c) to appoint and dismiss persons appointed to fill offices
other than those specified in these rules;
(d) to determine the responsibilities of office-bearers.
(4) The Executive shall, within 14 days of the Association
becoming a trustee of a trust, cause to be lodged
with the Registrar of Incorporated Associations particulars of
the trust and a copy of any deed or other
instrument creating or embodying that trust.
(5) The Executive shall, within 14 days of the office becoming
vacant, appoint as public officer a person who,
under the Act, is eligible to fill that office and shall ensure
that all things which the public officer is
required to do to maintain the incorporation of the Association
are done in accordance with the Act.
(6) The Executive shall ensure that:-
(a) all moneys due to the Association are collected;
(b) all payments made by the Association are authorised;
(c) correct accounts and books showing the financial affairs of
the Association with full details of all
receipts and expenditure connected with the activities of the
Association are kept; and
(d) the accounts and books referred to in this sub-clause are
available for inspection by members of the
Association.
(7) The Executive shall ensure that minutes of the resolutions
and proceedings of each Executive and General
Meeting are kept in books provided for that purpose together
with a record of the names of persons present
at such meetings.
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(8) The Members of the Executive shall be:-
(a) a president;
(b) a senior vice-president, who shall be the immediate past
president if willing;
(c) a treasurer;
(d) a secretary; and
(e) two other Members of the Executive who shall hold offices to
be determined by the Executive.
(9) Each Member of the Executive shall, subject to these rules,
hold office until the Annual General Meeting
next following the date of his election but is eligible for
re-election.
(10) In the event of a casual vacancy in the office of a Member
of the Executive, the Executive may, subject to
these rules, appoint another person to fill the vacant office
and the person so appointed may continue in
office until the Annual General Meeting next following the date
of his appointment.
(11) The Association in General Meeting may by resolution remove
any Member of the Executive before the
expiration of his term of office and, subject to these rules,
may appoint another person in his stead to hold
office until the expiration of the term of the Executive Member
so removed.
(12) For the purposes of these rules, the office of a Member of
the Executive becomes vacant if the Executive
Member:-
(a) becomes an insolvent under administration within the meaning
of the Companies (Victoria) Code; or
(b) resigns his office by notice in writing given to the
president or secretary; or
(c) is removed from office in accordance with sub-clause (11);
or
(d) is absent from two consecutive or three in five consecutive
Executive or General Meetings.
(13) For the purposes of sub-clause (12)(d), a Member of the
Executive shall be deemed to be absent if not
present 15 minutes after the time notified for the start of the
meeting.
7. The President
7
The
president may, subject to these rules, the Regulations and the Act, exercise all
such powers and functions as
may be exercised by the Executive other than those powers and
functions that are required by these rules to be
exercised by Executive or General Meetings.
8. Meetings
General Meetings
8
(1) The
secretary shall, at least 21 days before the date fixed for holding a General
Meeting cause to be sent to
each Member of the Association at his address appearing in the
register of members, a notice by pre-paid
post stating the place, date and time of the meeting, but
accidental omission to give notice shall not
invalidate a meeting.
(2) The right to vote at a General Meeting shall be limited to
members of the Association as defined in rule 3
who are present at the meeting.
(3) Persons not entitled to vote at General Meetings but
entitled to attend General Meetings shall be:-
(a) one representative from each Provisionally Affiliated Club;
and
(b) such other persons as the Executive may from time to time
invite.
(4) The quorum for a General Meeting called to consider the
business of a previous General Meeting which
lapsed for want of a quorum and was not called by requisition
shall be 75 per cent of the quorum that
would otherwise be required.
(5) In all cases other than that referred to in sub-clause (4),
the quorum for a General Meeting shall be 20
members of the Association personally present and eligible to
vote or 30 per cent of the total number of
members of the Association at the time, whichever is fewer.
(6) A General Meeting shall lapse if a quorum is not present
within 30 minutes of the advertised starting time
of the meeting.
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(7) If notice of a General Meeting not called by requisition has
been given in accordance with these rules and
the meeting lapses for want of a quorum, the meeting shall stand
adjourned to the same day in the next
week at the same time and (unless another place is specified by
written notice to all members given before
the day to which the meeting is adjourned) at the same place.
(8) The exact wording of each substantive motion and all
amendments to each substantive motion it is
proposed be considered at a General Meeting shall be included on
the notice convening the meeting.
(9) A member desiring to have a substantive motion or amendment
to a substantive motion considered at a
General Meeting must convey the exact wording of the motion or
amendment in writing to the president
or secretary in sufficient time for it to be included on the
notice convening the meeting.
(10) Provided that a proposed motion or amendment submitted in
accordance with sub-clause (9) is not
considered by all Members of the Executive to be outside the
jurisdiction of a General Meeting, the
motion or amendment shall be included on the notice convening
the next General Meeting.
(11) At a General Meeting a motion or amendment of which notice
has not been given may be considered only
if it is of a purely procedural nature, or if:-
(a) it is not a motion or amendment to change the statement of
purposes, rules or by-laws of the
Association; and
(b) two-thirds of those eligible to vote first agree that the
matter is of such urgency that it cannot
reasonably be deferred and placed on notice for consideration at
a future meeting,
(12) The person elected at the Annual General Meeting as General
Meeting Chairman shall be entitled to
assume the chair at the start of each General Meeting.
Annual General Meeting
(13) The Secretary shall in each calendar year convene a General
Meeting to be called the Annual General
Meeting.
(14) The Annual General Meeting shall be held in October or
November on such day as the Executive
determines.
(15) The Annual General Meeting shall be specified as such in
the notice convening it and shall be in addition
to any other General Meeting.
(16) The business of the Annual General Meeting shall be:-
(a) to confirm (if not previously confirmed by a General
Meeting) the minutes of the last preceding
Annual General Meeting and of any General Meeting held since
that meeting;
(b) to receive from the Executive reports on the activities of
the Association during the preceding
financial year;
(c) receive and consider the financial statement submitted by
the Association in accordance with section
30(3) of the Act;
(d) to receive the Auditor's report;
(e) to consider the granting of full affiliation to any eligible
Provisionally Affiliated Clubs;
(f) to consider any Executive recommendations to grant honorary
life membership;
(g) to elect a president, senior vice-president, treasurer,
secretary and two other members of the
Executive;
(h) to elect a General Meeting Chairman and an Auditor, neither
of whom shall be members of the
Executive; and
(i) to adopt an annual budget in accordance with rule 12;
(j) to make or amend by-laws of which notice has been given in
accordance with these rules;
(k) to transact any special business of which notice has been
given in accordance with these rules;
(l) to transact any other business that may be brought forward
in accordance with these rules.
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March General Meeting
(17) If the Executive agrees that the need for a General Meeting
exists, the Secretary shall in each calendar year
convene a General Meeting to be called the March General
Meeting.
(18) The March General Meeting shall be held on such day in
March as the Executive determines.
(19) The March General Meeting shall be specified as such in the
notice convening it and shall be in addition
to any other General Meeting.
(20) The business of the March General Meeting shall be:-
(a) to confirm (if not previously confirmed by a General
Meeting) the minutes of the last preceding
March General Meeting and of any General Meeting held since that
meeting;
(b) to transact special business of which notice has been given
in accordance with these rules.
Election of Office Bearers
(21) Elections of office-bearers referred to in (g) and (h) of
sub clause 8(16) to be elected at the Annual
General Meeting shall be in accordance with the following:-
(a) nominations shall be in writing, signed by two members of
the Association and the candidate and
shall be delivered to and close with the General Meeting
Chairman immediately prior to the start of
the meeting;
(b) at the close of nominations, the offices shall be dealt with
in the order in which they are referred to in
sub-clause (16)(g);
(c) if, at the close of nominations, there is but one eligible
candidate for any office referred to in subclause
(16)(g), that candidate shall become an office-bearer-elect in
respect of that office;
(d) a person who has become an office-bearer-elect shall not be
eligible to be a candidate for any other
office referred to in sub-clause (16)(g);
(e) if, at the close of nominations, there are insufficient
eligible candidates for a position, nominations for
the position shall be received during the meeting;
(f) if the number of eligible candidates for an office exceeds
the number required to fill it, a vote by
secret ballot shall be taken at the meeting;
(g) ballot papers shall show candidates' names in an order to be
determined by lot;
(h) preferential voting shall be used;
(i) any equality in voting to elect office-bearers shall be
resolved by lot; and
(j) office-bearers elected at the Annual General Meeting shall
assume office at the adjournment of the
meeting or, if not adjourned, at the end of the meeting.
Special General Meetings
(22) The secretary shall, whenever the Executive thinks fit,
convene a special General Meeting and, where but
for this sub-clause, more than 15 months would lapse between
Annual General Meetings, shall convene a
special General Meeting before the expiration of that period.
(23) The secretary shall, on the requisition in writing of not
less than 10 per cent of the total number of
members of the Association, convene a special General Meeting.
(24) The requisition for a special General Meeting:-
(a) shall state the objects of the meeting;
(b) shall include the exact wording of each substantive motion
and all amendments to each substantive
motion it is proposed be considered at the meeting;
(c) shall bear the signatures of the members of the Association
requisitioning the meeting;
(d) shall be sent to the address of the secretary; and
(e) may consist of several documents in like form, each signed
by one or more of the requisitionists.
(25) If the secretary does not cause a special General Meeting
to be held within one month after the date on
which the requisition is sent to the address of the secretary,
the requisitionists or some of them may
convene a special General Meeting to be held not later than
three months after that date.
(26) A special General Meeting convened by members in pursuance
of these rules shall be convened in a
manner as similar as possible to that in which General Meetings
are convened by the secretary and all
reasonable expenses incurred in convening the meeting shall be
refunded by the Association to the persons
incurring the expenses.
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Executive Meetings
(27) The secretary shall convene a meeting of Members of the
Executive whenever the president may require
and at such place and time as the president may determine.
(28) Notice of each Executive meeting shall be given to all
Members of the Executive by such date and by
whatever means the Executive deems adequate and shall include
such information concerning proposed
business as the Executive may require.
(29) The right to vote at an Executive meeting shall be limited
to Members of the Executive present at the
meeting.
(30) Subject to the presence of a quorum, the Executive may act
notwithstanding any vacancy on the
Executive.
(31) The quorum for an Executive meeting called to consider the
business of a previous Executive meeting
which lapsed for want of a quorum and was not called by
requisition shall be 75 per cent of the quorum
which would otherwise be required.
(32) In all cases other than that referred to in sub-clause (31)
the quorum for an Executive meeting shall be four
Members of the Executive or 60 per cent of the total number of
Members of the Executive at the time,
whichever is fewer.
(33) Unless an extension of time is agreed upon by all Executive
members present for the start of an Executive
meeting, the meeting shall lapse if a quorum is not present
within 30 minutes of the advertised starting
time of the meeting.
(34) The secretary shall within seven days of the receipt of
written requisitions to that effect from three
Members of the Executive call an Executive meeting to be held
within 15 days of such receipt.
(35) Notice of a requisitioned Executive meeting shall state the
business it is desired to transact.
(36) If the secretary has not within the stipulated time called
a duly requisitioned Executive meeting, the
requisitionists may themselves call it.
(37) The president shall be entitled to assume the chair at the
start of each Executive meeting.
Meetings – Miscellaneous
(38) If the person who is entitled to assume the chair is
unwilling or unable to serve as chairman, the convenor
of the meeting shall conduct an election of chairman.
(39) The chairman of a meeting at which a quorum is present may,
with the consent of the meeting, adjourn the
meeting from time to time and place to place, but, subject to
these rules, no business shall be transacted at
an adjourned meeting other than that left unfinished at the
meeting at which the adjournment took place.
(40) The chairman of a meeting shall be replaced if a motion to
that effect is carried by a simple majority.
(41) Whether or not a person may vote shall not change because
he is the chairman of a meeting.
(42) At any Executive or General Meeting, no person shall have
more than one vote on any question.
(43) Voting by proxy is not permitted.
(44) Voting shall be by show of hands unless otherwise agreed at
the meeting.
(45) If at a meeting a poll on any question is demanded by not
less than three members, it shall be taken at that
meeting at such time and in such manner as the chairman may
direct and the resolution of the poll shall be
deemed to be a resolution of the meeting on that question.
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(46) Unless a poll is demanded before or on the declaration of a
show of hands, a declaration by the chairman
that a motion or amendment has on a show of hands been carried
or lost and an entry to that effect in the
minutes of the meeting is evidence of that fact, without proof
of the number or proportion of the votes
cast.
(47) In the case of an equality of voting on any question, the
question shall be resolved so as to preserve the
status quo.
(48) No item of business shall be transacted at a meeting unless
a quorum of those entitled to vote at the
meeting is present during the time when the meeting is
considering that item.
(49) The rights of persons present at a meeting but not entitled
to vote shall be determined by the Executive but
shall be subject to the will of the meeting.
9. Derivation and Application of Funds and Property
9
(1) The
funds of the Association shall be derived from affiliation fees, registration
fees, admission fees,
competition entry fees, fines, levies, entrance fees,
subscriptions, donations and from such other sources as
the Act may permit incorporated associations to derive funds.
(2) The funds and the property of the Association, wheresoever
derived, shall be applied solely towards the
objectives of the Association as indicated in its statement of
purposes and any pecuniary profit that the
Association may make shall not be divided among or received by
its members or some of them.
10. Fees, Fines and Levies
10
(1) All
entrance fees, subscriptions and other amounts (if any) to be paid in respect of
membership of the
Association shall be as shown in the budget most recently
adopted at a General Meeting and, if no such
entrance fee, subscription or other amount so payable is shown
therein, then no such amount shall be
payable.
(2) A Club seeking to affiliate or renew affiliation shall pay
to the Association an affiliation fee comprising:-
(a) an amount to be known as the Fixed Amount; plus
(b) an amount produced by multiplying -
(i) a fee-per-member to be known as the Base Rate; by
(ii) a number equal to the number of persons the Executive
regards as having been members of the
Club during the Club’s most recently completed membership
year.
(3) If a Club has no membership year suitable for the purposes
of sub-clause (2)(b)(ii), the period for such
purposes shall be determined by the Executive;
(4) The Fixed Amount and the Base Rate shall be shown in the
budget most recently adopted at a General
Meeting.
(5) The Base Rate shall be reduced by a percentage to be
determined by the Annual General Meeting in the
case of a Club in circumstances which the Annual General Meeting
deems exceptional.
(6) For the purposes of granting provisional affiliation the
Executive shall have power to determine whether
exceptional circumstances apply and by what percentage, if any,
the Base Rate shall be reduced.
(7) The Association in General Meeting is empowered to impose
from time to time such additional fee, fine or
levy as it may deem necessary for the advancement, benefit or
promotion of the Association.
11. Banking and Payments
11
(1) The
funds of the Association and all moneys received shall be deposited in the name
of the Association in
such bank or other financial institution as the Executive may
from time to time decide.
(2) All cheques, drafts, bills of exchange, promissory notes and
other negotiable instruments shall be signed
by any two of up to four members of the Executive. The Executive
shall decide which of its members may
sign.
Statement of Purposes & Rules (otherwise known as the
Constitution) of Chess Victoria Incorporated — p
age
11 of 12
12. Annual Budget
12
(1) The
Executive shall cause to be distributed with the notice of the Annual General
Meeting a proposed
budget.
(2) The proposed budget shall show all significant items of
income and expenditure it is proposed be
received and incurred during the forthcoming Financial Year as
well as the exact amount proposed as each
fee, fine, levy, entrance fee, subscription and other amount (if
any) to be paid in respect of membership of
the Association, affiliation of Clubs and registration of
players.
(3) Upon adoption by a General Meeting all fees shown in the
adopted budget shall, subject to these rules,
become payable on dates to be determined by the Executive and
all expenditure shown in the adopted
budget shall be deemed to be approved.
(4) Payment in respect of each item of unbudgeted expenditure in
excess of an amount to be specified at the
time the budget is presented for adoption shall be approved at a
General Meeting before payment is made.
(5) Until a new proposed budget is adopted by a General Meeting,
all amounts referred to in sub-clause (2)
and sub-clause (4) shall remain unchanged from those most
recently approved at a General Meeting, either
by the adoption of a previous year's annual budget or by other
resolution.
13. Delivery of Documents, Notices and Accounts
13
(1) A
document, notice or account may be served by or on behalf of the Association
upon any member or
upon any person the Executive regards as authorised to receive
it on behalf of a Club either personally or
by sending it by post to the member at his address shown in the
register of members or, if not a member,
to his last known address.
(2) Where a document, notice or account is properly addressed,
pre-paid and posted to a person as a letter, the
document, notice or account shall, unless the contrary is
proved, be deemed to have been given to the
person at the time at which the letter would have been delivered
in the ordinary course of post.
14. Common Seal and Custody of Records
14
(1) The
common seal of the Association shall not be affixed to any instrument except by
the authority of the
Executive and the affixing of the common seal shall be attested
by the signatures of any two of the
president, treasurer and secretary.
(2) Except as otherwise provided in these rules, the secretary
shall keep in his custody or under his control the
common seal and all books, documents and securities of the
Association.
15. Alteration of Rules and Alteration of Statement of Purposes
15
(1) These
rules and the statement of purposes of the Association shall not be altered
except in accordance with
the Act.
(2) A proposal to alter these rules or the statement of purposes
of the Association shall be a proposal to make
a special resolution as defined in the Act and shall require a
majority of not less than three-fourths of such
members of the Association as are entitled under these rules to
vote at a General Meeting.
(3) No motion or proposed amendment to a motion to change these
rules or the statement of purposes of the
Association shall be considered at a General Meeting unless the
exact wording of the motion or
amendment appears on or is part of the notice convening the
meeting.
(4) The public officer of the Association shall, within one
month after the passing of a special resolution
altering these rules or the statement of purposes, lodge with
the Registrar of Incorporated Associations
notice in writing of the resolution setting out particulars of
the alteration together with a declaration signed
by at least two members of the Executive to the effect that the
special resolution was passed in accordance
with the Act.
Statement of Purposes & Rules (otherwise known as the
Constitution) of Chess Victoria Incorporated — p
age
12 of 12
(5) An alteration of these rules or the statement of purposes of
the Association is of no effect until:-
(a) sub-clause (4) has been complied with in respect of the
alteration; and
(b) an indication that the alteration has been approved by the
Registrar of Incorporated Associations
has been given to the president.
16. By-Laws and Resolutions
16
(1)
By-laws not inconsistent with these rules, the statement of purposes of the
Association and the Act may be
introduced and changed by a two-thirds majority at a General
meeting provided that the exact wording of
each motion and proposed amendment to each motion to introduce
or change each by-law appears on or is
part of the notice convening the meeting.
(2) Unless otherwise specified in these rules, a resolution of
the Association shall be carried by a simple
majority and shall be binding until rescinded or rendered void
by the making of a new resolution
inconsistent with that made previously.
17. Laws of Chess
17
Subject to
such modifications as may be set down or implied in the rules for a given
competition, all games
played in Association-run chess competitions shall be conducted
in accordance with the most recently published
Federation Internationale Des Echecs version of the Laws of
Chess and interpretations thereof.
18. Right of Appeal
18
(1) A
party claiming to be significantly disadvantaged by an allegedly incorrect
ruling given by an
Association official shall have a right of appeal to the
president of the Association (or such deputy as the
president may from time to time appoint to act on his behalf in
the matter of appeals - hereinafter implied
in the words “the president”).
(2) Notice of an appeal against a ruling of an Association
official must be lodged with the president within a
reasonable time of the ruling and must attempt to substantiate
the claim that the ruling is incorrect.
(3) Until such time as the president declares otherwise in
respect of a ruling against which an appeal has been
lodged, the ruling shall stand.
(4) The president shall have power to determine all matters
relating to the appeal including:-
(a) whether or not the appellant has been significantly
disadvantaged;
(b) whether or not the appeal has been made within a reasonable
time of the ruling;
(c) whether or not notice of the appeal shall be required in
writing and, if so, within what period and to
whom the appellant shall be required to send copies of the
notice of appeal and related papers, if any;
(d) whether or not the ruling given by the Association official
shall be upheld or changed and, if changed,
what the ruling shall be;
(e) whether or not the appeal shall be dismissed or referred to
an appeal committee and, if so referred, the
terms of reference, membership and quorum of the appeals
committee;
(f) whether or not the findings of an appeals committee shall be
accepted and, if not accepted, how the
appeal shall be resolved; and
(g) whether or not any penalties recommended by an appeal
committee shall be imposed or varied.
19. Winding Up or Cancellation of Incorporation
19
In the
event of the winding up or the cancellation of the incorporation of the
Association, the assets of the
Association shall be disposed of in accordance with the
provisions of the Act.