Constitution of the Christian Basketball Association Inc.

CHRISTIAN BASKETBALL ASSOCIATION

CONSTITUTION as amended January 2001

1. NAME

1.01 The Association shall be called the Christian Basketball Association and shall hereinafter be referred to as the Association.

2. OBJECTIVES

The objectives of the Association shall be:-

2.01 The encouragement, promotion, management and control of the sport of basketball amongst Christian Churches and within the community at club level.

2.02 The establishment, management, coordination and control of such competitions as shall be decided upon.

2.03 The choosing and management of teams to represent the Association.

2.04 To hear, determine, settle and resolve all disputes relating to Teams and Members of Teams in connection with basketball in the Association.

2.05 To affiliate with Basketball Victoria and to actively promote, foster and develop basketball amongst Christian Churches within the Community in the Frankston and Peninsula Area.

2.06 To deal with any other matters which the Association may deem to be in the interest of the sport of Basketball within the Association.

3. MEMBER TEAMS

3.01 The Association shall consist of such teams playing the sport of basketball as shall affiliate with the Association (hereinafter referred to as “Teams”) in the following categories:-

(i) Men - open age

(ii) Women - open age

(iii) Mixed - open age

(iv) Juniors - U18

3.02 The conditions of membership shall be as follows:-

(a) That the affiliated team agrees to abide and be bound by the constitution, by-laws and playing rules of the Association, and to accept and enforce all decisions of the Association.

(b) That each affiliated team shall pay an annual fee and such other fees as shall be prescribed by the Association from time to time.

(c) The Association also requires an agreement from the Church to which a team is affiliated with, for use of the Church name by that team.

(d) The Secretary shall keep and maintain a register of members in which shall be entered the full name, address and date of affiliation of each member and the register shall be available for inspection by members at the address of the Public Officer.

4. EXPULSION OF AFFILIATED TEAMS

4.01 Any violation, by an affiliated team, of the Constitution, By-laws or Rules of the Association or if any order in conformity herewith, shall render such affiliated team liable to suspension by the Committee in its discretion.

Such suspension shall be effective until the next meeting of the Association at which time the affiliated team may seek to have the suspension lifted.

4.02 Any motion for expulsion of an affiliated team shall be dealt with by the Association and requires a two-thirds majority vote of all members present and entitled to vote.

4.03 Any affiliated team expelled as aforesaid shall cease to have any call upon the property of the Association but shall be liable for any call in respect of liabilities incurred by the team prior to such expulsion.

5. LIFE MEMBERSHIP

5.01 Life members of the Association may be elected at the annual meeting of the Association by a three-fourths majority of those present and entitled to vote, provided that the nomination for such election shall have been given to the Secretary at least twenty-one (21) days prior to the meeting.

5.02 Life membership shall be restricted to those whose service to basketball and the Association has been worthy of the highest honour.

5.03 The Committee shall present to the Association a written report on the services of any nominee together with its recommendations as to the suitability for the honour.

5.04 By resolution of a three-fourths majority of those present and entitled to vote at an annual meeting of the Association, life membership may be cancelled.

5.05 Life members shall be granted the privileges of free admission to all functions held by the Association and the right to attend and vote at all Association meetings. Life members shall be awarded a badge of appropriate design.

6. OFFICE BEARERS

6.01 The following shall be the office bearers of the Association and shall be referred to as the Committee:-

(a) President

(b) Vice President

(c) Secretary

(d) Assistant Secretary

(e) Treasurer

6.02 The office bearers shall be elected annually as hereinafter in Clause 9 and shall continue to hold office until their successors have been duly elected at the next annual meeting of the Association after their election. Retiring officers shall be eligible for re-election.

6.03 The Association may fill any vacancy caused by death or resignation of any office bearer.

7. ANNUAL AND SPECIAL MEETING

7.01 An annual meeting of the Association shall be held in the month of December at such time and place as the Committee shall determine for the following purposes:-

(a) To receive the annual reports, the balance sheet and statement of accounts for the preceding year;

(b) To elect the office bearers and to appoint the auditor for the ensuing year;

(c) To transact any other business of which notice in writing shall have been given to the Secretary at least twenty-one (21) days prior to the day of the meeting.

7.02 The Secretary shall give twenty-eight days notice of the time and place of the meeting and the agenda to affiliated teams and office bearers.

7.03 All members of affiliated teams shall be entitled to attend annual meetings of the Association.

7.04 A special meeting of the Association shall be held at such time and place, as the Committee shall determine for the purpose of amending the Constitution. The Secretary shall give twenty-one (21) days notice of the time and place of the meeting, and the proposed alterations to the Constitution, to affiliated teams and office-bearers.

7.05 Members representing three-quarters of affiliated teams or clubs or churches shall form a quorum for annual and special meetings.

7.06 Each affiliated team must have at least one (1) representative attend the annual general meeting. A fine as determined will be levied for non-attendance.

8. NOMINATIONS FOR OFFICE BEARERS

8.01 Nominations for office bearers shall be accepted at the Annual General Meeting either verbally or in writing.

8.02 Consent of the person nominated is to be obtained at the same time as nomination or earlier.

8.03 If a person nominated for a position as an office bearer is defeated in that election he/she may be nominated at the Annual Meeting for any position, which is at that time not determined.

9. VOTING AT ANNUAL AND SPECIAL MEETINGS

9.01 One team equals one vote per team entered.

9.02 Office bearers, life members and Committee members shall each be entitled to one vote. The president, or in his/her absence, the chairman, shall have a deliberative vote and in the case of equality, shall have a second or casting vote.

9.03 In the event of a vote being required to pass resolution, the voting shall be by show of hands.

9.04 Members are not entitled to vote by proxy at annual or special meetings.

9.05 All elections shall be by show of hands.

9.06 Elections shall be carried out in the following order:-

(a) President

(b) Vice president

(c) Secretary

(d) Assistant Secretary

(e) Treasurer

10. MEETINGS

10.01 The Committee shall meet on at least two (2) occasions annually to receive reports and at such other times as shall be necessary for the transaction of business of the Association. At least seven (7) days prior notice of each meeting shall be given by the Secretary to each member.

10.02 A special meeting of the Association may be called at any time by the president and shall be called within one calendar month of the date of receipt by the Secretary of a requisition in writing by at least five affiliated team members. The date, time and place of each special meeting and the particulars of the business to be transacted thereof shall be notified, by the Secretary, to every affiliated team, at least seven (7) days prior to the date fixed for such a meeting.

10.03 If any appointed Committee member is absent without a reasonable excuse from two consecutive meetings, the Committee may declare that position vacant and invite an affiliated team to appoint a new member.

11. THE COMMITTEE

11.01 The Committee shall consist of the office bearers of the Association.

11.02 The Committee shall be responsible for the day to day management of the business and of the funds of the Association, the promotion of basketball, the management of representative teams and shall be vested with such further powers as may from time to time be delegated to it by the Association.

11.03 Subject to any restrictions or conditions imposed from time to time by the Association or by the Constitution or By-Laws, all the powers and duties of the Association in relation to the affairs or management of the Association may be exercised and performed by the Committee.

11.04 The Committee shall have power to co-opt any person in an advisory capacity.

11.05 Four (4) Committee members shall form a quorum at all meetings of the Committee.

11.06 At any meeting of the Committee each member shall be entitled to one vote. All votes shall be of equal value. The President or Chairman shall have a deliberative vote and, in the case of equality, a casting vote.

11.07 The office of an office bearer of the Association becomes vacant if the office bearer or member:-

(a) becomes insolvent under administration within the meaning of the Company’s code;

(b) resigns his/her office by notice in writing to the Secretary.

11.08 In the event of a casual vacancy occurring in a position of an office bearer, the Committee may fill the vacancy and the person so appointed shall hold office, subject to those rules, until the next meeting of the Association or Annual Meeting; whichever first occurs, at which time the vacancy shall be filled by election.

12. CHAIRMAN

12.01 At all meetings of the Association and Committee, the President shall be Chairman and, in his/her absence, the Vice President, and in the absence of the Vice President, the meeting shall appoint its own Chairman from those present.

13. SECRETARY

13.01 It shall be the duty of the Secretary of the Association to arrange for and supervise the taking of accurate minutes of all meetings of the Association and Committee and record the same in a proper minute book. He /she shall conduct the correspondence of the Association, keep a record of all reports from the Committees, keep a register of attendance at all meetings and generally be responsible for the organisation and efficient conduct of such competitions held by the Association and for the general activities of the Association.

13.02 Except as otherwise provided in these rules, the Secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Association.

13.03 The books and documents of the Association shall be available for inspection by members of the Association.

14. TREASURER

14.01 The Treasurer shall keep correct accounts of all moneys received and disbursed and shall produce a Financial Statement at all Committee meetings. He/shall, immediately upon their receipt, bank, in the name of the Association, all moneys received by him/her and pay all claims against the Association, only after they have been duly passed for payment by at least two (2) office bearers.

15. AUDITORS

15.01 An auditor shall be nominated annually to examine the books and accounts of the Association and to report on same to members at the Annual General Meeting of the Association and at any other time that the Association may so require. He/she shall also certify as to the correctness of the annual balance sheet and financial statements prepared by the Treasurer. The Association may fill a casual vacancy caused by the death or resignation of the Auditor.

16. BANKING

16.01 All moneys of the Association shall be deposited in a current account in such bank as approved by the Committee. All cheques operating on such account shall be signed by the Treasurer of the Association and counter-signed by either the President or the secretary of the Association. All financial transactions of the Committee will be controlled by the Association through its Treasurer under such arrangements as are approved by the Committee. The Committee shall make such investments, as it deems advisable in the interest of the Association.

17. FUNDS OF THE ASSOCIATION

17.01 The financial year shall commence on the 1st day of December of each year and end on the 30th November of the following year.

17.02 The funds of the Association shall be derived from registrations, subscriptions, donations or other source as determined by resolution at an Annual Meeting.

18. NOTICES

18.01 All notices shall be deemed duly delivered or served by normal post to the last known address of place of abode or business appearing in the books of the Secretary.

19. CONSTITUTION

19.01 No alteration shall be made to the Constitution except at the Annual Meeting of the Association, duly called for the purpose and unless notice in writing of intention to propose the same shall have been given to the Secretary at least twenty-one (21) days prior to the Annual Meeting or of a special meeting of the Association duly called for the purpose and unless a three-quarters majority of those present and entitled to vote is obtained.

19.02 No alterations shall be made to the statement of purposes of the Association except in accordance with the Act.

20. ALTERATIONS TO BY-LAWS

20.01 Alterations to By-Laws may be made at an Annual or Special Meeting by a simple majority decision provided that fourteen (14) days notice of the proposed amendment has been given to the Secretary.

21. COMMON SEAL

21.01 The Common Seal of the association shall be kept in the custody of the secretary.

21.02 The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signature of two (2) members of the Committee.

22. UNFORSEEN MATTERS

22.01 Should any matter arise for which provision has not been made in the Constitution, the Committee shall take such action as is necessary to protect the interests of the Association.

23. WINDING UP

23.01 The Association may be wound up should the members of the association at a special meeting called for the purpose by a majority of three-fourths (3/4) of those present and entitled to vote so decide. In the event of winding-up, the office bearers shall be empowered to distribute any surplus funds and property of the Association to such charitable organisations or other objects as they may deem fit. Such distribution to be duly recorded and receipted.