Corporations Law

A company limited by guarantee

incorporated in Queensland

CONSTITUTION

of

GOLD COAST TWEED DISTRICT BOWLS ASSOCIATION LIMITED.

PART 2

1

INTERPRETATION

1.1

Definitions

In these Articles unless the contrary intention appears:

Affiliated Club means any club whose application for affiliation has been

approved in accordance with Article 4;

Affiliation Fee means the annual fee payable by an Affiliated Club under

Article 11

Annual General Meeting means the Annual General Meeting of the Association;

Articles mean these Articles in this Part 2 of the Constitution.

Association means the Gold – Coast Tweed District Bowls Association Ltd.;

Board of Management means the Executive Committee, Directors as described in

Articles 34 and 35.

B.A. means, Bowls Australia Incorporated;

By-Law means a By-Law made in accordance with Article 44;

Chairman has the meaning given by Articles 27 and 49;

Council has the meaning given to it by Article 63;

Committee means a Committee established under Article 68;

Committee Member means a member of a Committee established under Article 68;

Delegate means a person elected in accordance with Article 20;

Director means a member of the Board of Management constituted in accordance

with Article 34;

Director of Finance is a member of the Executive Committee in accordance with

Article 59;

Honorary Secretary is a member of the Executive Committee, in

accordance with Article 61;

Executive Committee means the Committee constituted in accordance with

Article 66; 55 and 56

Executive Member means a member of the Executive Committee;

Financial Member of the Association means a Club whose Affiliation Fees are

paid, in full;

“Ordinary Bowling Member” means a member of an Affiliated Club who is

not under the age of 18years and who pays the full annual subscription to an

affiliated Club or is a Life Member of an affiliated Club who is entitled to all

Club privileges, including the right to vote, to hold office, and to nominate

officers at any election of office bearers of his Club or the Association.

“Associate Member” means a member of an Affiliated Club who is entitled

to the privileges of membership, except that he shall not be entitled to hold any

office of the Club nor be entitled to nominate members for election to any

position in the Club or Association, nor to take part in or vote at meetings of the

Club or Association. An “Associate Member is not eligible to play in Association

matches for any Club of which he is an “Associate Member “ only.

Associate members are not permitted to play in any organised matches at Clubs

affiliated with G.C.T.D.B.A. unless they are registered with a State Authority

as an Ordinary, Life or Honorary member in accordance with Bowls Australia

Law 72

“Club” means a properly constituted body of people, formed as:

(a)

a Men’s Bowls Club

(b)

a subsidiary Men’s Bowls Club

(c )

the male section of an amalgamated/unified Bowls Club.

Having (20) twenty or more members, having reasonable access to, and the

use of, a green ready to play, of not less than four (4) rinks, laid down in

conformity with the Laws of the Game of Bowls in Australia

Where the “Club”. as defined, does not own or control the green/s and

facilities, it shall present to the Association, a letter ( as prescribed) of

confirmation from the body controlling the green/s and facilities,

authorising the Club to use the greens and ancillary facilities in

conformity with the requirements of the Association in like manner to that

of a club which does own/or have control of its greens and facilities.

G.C.T.D.B.A. means Gold Coast-Tweed District Bowls Association Ltd. or

Bowls Gold Coast-Tweed.

General Meetings includes the annual meeting and extraordinary meetings of

the Association;

Junior Member means a member of an affiliated club as described in 82.1

Law means the Corporations Law;

Laws of the Game mean the Laws of Bowls as defined by Bowls Australia;

Life Member means a person elected as a Life Member under Article 21;

Member means those members specified in Article 13;

Member of a Club means a person who has been admitted to membership

of a club and for whom an affiliation fee is paid by the club;

Memorandum means the Memorandum of Association of the Association;

Patron means a person appointed in accordance with Article 60;

Person includes a Club or Body Corporate as well as Individuals;

President means the President of the Association;

Bowls Queensland. means Royal Queensland Bowls Association Ltd or

the relevant State Authority

Q.L.B.A or Queensland Ladies Bowling Association, means Bowls Queensland

or the relevant State Authority.

Seal means the Common Seal of the Association;

Secretary means the person appointed to perform the duties of the Secretary

of the Association from time to time under Article 61;

Special Resolution means a resolution, which is passed at a meeting of the

Association:

(a)

Of which at least 28 days written notice specifying the intention to propose

the resolution as a Special Resolution has been duly given; and

(b)

By a majority of at least three-quarters of the Members Delegates entitled to

vote who are present in person at that meeting;

State means the State of Queensland;

The Financial Year is the period from 1 October to 30 September.

1.2

Interpretation Generally

In these Articles, unless the contrary intention appears:

(a)

Words denoting any gender include all genders.

(b)

Headings are for convenience only and do not affect interpretation.

(c)

Division 10 of Part 1.2 of the Law applies in relation to these Articles as if

they were an instrument made under the Law as in force on the day when

these Articles become binding on the company.

(d)

In a provision of these Articles that deals with a particular provision of the

Law, an expression has the same meaning as in that provision of the Law.

(e)

A reference to any legislation or to any provision of any legislation

includes any modification or re-enactment of it, any legislative provision

substituted for it and all regulations and statutory instruments issued under it.

2

EXCLUSION OF TABLE A

2.1

The regulations contained in Table A of Schedule 1 to the Law shall not apply to the

Association.

AFFILIATION

3

APPLICATION

3.1

A bowls club, a subsidiary bowls club or any section of an amalgamated bowls club, having

not fewer than 20 ordinary members may apply for provisional affiliation or

affiliation with the Association by submitting an application in the form of Schedule 1 accompanied by:

(provisional affiliation) or Schedule 2 (affiliation) or any other form approved by the Board

(a)

A copy of the constitution of the Club;

(b)

Full particulars of the title to the green or a certified copy of the lease or

licence under which the green is held;

(c)

A complete list of club members, detailing Office Bearers;

(d)

Details of the green; and

(e)

Such other particulars or reports with respect to any other matter as the

Association may require.

3.2

The bowls section of a multi sports Club may apply for affiliation subject to the

requirements of Article 3.1 and such other terms and conditions as the Board may

determine.

4

APPROVAL

4.1

It is within the discretion of the Board to recommend approval of an application for

submission to Bowls Queensland for provisional affiliation or affiliation.

4.2

In considering the application the Board must have regard to:

(a)

The interests of adjoining clubs in the district;

(b)

The financial viability of the applicant club; and

(c)

The advancement of the game of bowls.

5

CONDITIONS OF AFFILIATION

5.1

The Board may impose conditions upon approval of affiliation, including (without

limitation) the amendment of the applicants:

(a)

Constitution to ensure compliance with Article 6.1; and

(b)

Title and/or playing uniform.

6

CONSTITUTION OF PROPOSED AND AFFILIATED CLUBS

6.1

Without limiting Article 19 the constitution of all Affiliated clubs must incorporate the

Mandatory rules for club affiliation as outlined in the By-Laws of Bowls Queensland.

6.2

Each Affiliated Club must upon request provide to the Board a copy of its constitution

Article 6.1.

certified to be true and correct, for examination by the Board to ascertain compliance with

7

PROVISIONAL AFFILIATION

7.1

Provisional affiliation may be granted on such terms and conditions as determined by the

Board and RQBA.

7.2

The provisional affiliation of an applicant club ceases upon being granted full affiliation.

8

AUTONOMY OF AFFILIATED CLUBS

8.1

Subject to the express objects and powers of the Association, the autonomy of each

Affiliated Club within its own boundaries and organisation is acknowledged.

9

VARIATION, SUSPENSION OR CANCELLATION OF AFFILIATION

9.1

The Board may, by resolution passed by a majority of at least three-quarters of the

Directors present, vary the terms and conditions of, recommend suspension or cancellation

of any affiliation or provisional affiliation if the Affiliated Club:

(a)

Is guilty of conduct, or an elected official of a Club makes public Statements,

which in the opinion of the Board is unbecoming of an Affiliated Club or

prejudicial to the interests, image, welfare or reputation of the Association;

(b)

Amends alters or otherwise changes or maintains its constitution in such a

manner as to be inconsistent with Article 6.1;

(c)

Fails to discipline any member of the Affiliated Club who in the opinion of

the Board has engaged in any conduct unbecoming of a member of an

Affiliated Club or prejudicial to the interests, image, welfare or reputation of