Rules of Association

THE CONSTITUTION OF THE PERTH BLUES CLUB (W.A.) INC., DECEMBER 1992

1. NAME

The name of the association shall be "The Perth Blues Club (W.A.) Incorporated."

2. DEFINITIONS

In these rules and in any by laws made pursuant thereto, unless the contrary intention appears;

2.1 'Club' means The Perth Blues Club (W.A.) Inc.

2.2 'the committee' means the committee of the Perth Blues Club (W.A.) Inc 

3. OBJECTS AND FUNCTIONS

3.1 The objects of the club are;

a) to foster musical talents
b) to provide shows for the community
c) to encourage musical awareness in the community

3. 2 The property and income of the club shall be applied solely towards the promotion of the objects of the club and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members, except in good faith in the promotion of those objects.

4. POWERS OF THE CLUB

4.1 The club may operate, affiliate or unite with any other organisation whose aims are similar in general respects while preserving the right to withdraw at any time from such association.

4.2 The club may;

a) acquire, hold, deal with and dispose of any real or personal property;
b) open and operate bank accounts;
c) invest its money;
d) borrow money;
e) give security for the discharge of liabilities incurred by the club as the club sees fit;
f) appoint agents to transact any business of the association on its behalf, and
g) generally do all such things as are incidental to or conducive to the attainment of the objects of the club.

5. MEMBERSHIP

5.1 Membership of the club is open to all,

5.2 Applications for membership shall be proposed and seconded by two financial members of the club and submitted in writing to the committee for approval prior to being accepted. Membership entitles the member to one vote at general meetings, access to discounts on entry to functions, one copy of a newsletter to published monthly, and any other privileges to be determined by the committee and endorsed by a general meeting of members as the need arises.

6. REGISTER OF MEMBERS

6.1 The Secretary shall on behalf of the club keep and maintain the register of members in accordance with section 27 of the Act and that register shall be kept and maintained at his or her place of residence.

6.2 The Secretary shall cause the name of a person who dies or who otherwise ceases to be a member to be deleted from the register of members.

7. SUBSCRIPTIONS

7.1 Annual subscriptions shall, for the ensuing calendar year, be determined at the A.G.M. of the club, and will be due and payable at the A.G.M.

7.2 Any member whose subscription is in arrears for three months shall be deemed unfinancial and not entitled to any of the privileges of membership.

8. EXPULSION OF MEMBERS

If the committee considers that a member should be expelled from the club because of his or her conduct the committee shall communicate notice of the proposed expulsion and particulars of that conduct to the member concerned not less than thirty days before the committeee meeting at which it will be discussed.

The member concerned shall be given notice of the time, date and place of the meeting, and reasonable opportunity to be heard by the committee.

9. COMMITTEE

9.1 The affairs of the club shall be managed by a committee consisting of;

a) a president
b) a vice-president
c) a secretary
d) a treasurer
e) 4 other members.

All committee members must be financial members of the club.

Written nominations for the committee shall be received before the A.G.M., and the committee shall be elected by a simple majority after a secret ballot.

The committee so elected at the A.G.M, shall hold office from the conclusion of that meeting until the conclusion of the next A.G.M.

9.2 The committee has the power to co-opt additional members if the need arises.

9.3 The committee shall meet as determined by its members approximately fortnightly. Committee members shall be notified by the secretary of the date, time and place of meetings at least 7 days prior to the meeting.

10. CASUAL VACANCIES

10.1 A casual vacancy occurs in the office of a committee member and that office becomes vacant if the committee member;

a) dies
b) resigns by notice in writing to the president or vice-president
c) is permanently incapacitated
d) is absent from more than three committee meetings of which he or she has received notice without tendering an apology to the person presiding over the meeting, or
e) ceases to be a member of the association.

10.2 When a casual vacancy arises the committee may appoint a member to fill that vacancy provided that the member so elected shall hold office until the next A.G.M.

11. QUORUM

The quorum shall be;

  • General meetings - 10% of membership
  • Special General Meetings - 25% of membership
  • Annual General Meeting - 25% of membership
  • Committee Meetings - 5 members of committee to include the president or treasurer or secretary.

12. DUTIES OF COMMITTEE

12.1 The committee shall have control of the finances of the club and all such administrative powers as may be necessary or expedient for properly carrying out the aims and functions of the club in accordance with the rules of the club,

12.2 Each committee member has a vote, with questions decided by majority. In the event of an equality of votes, the person presiding shall have a casting vote in addition to his or her ordinary vote.

13. DUTIES OF THE PRESIDENT

The President shall attend and preside over meetings of the club and committee.
In the event of the absence of the President, the Vice President shall assume the functions of the president.

14. DUTIES OF THE SECRETARY

The Secretary shall;

a) co-ordinate the correspondence of the club
b) keep full and correct minutes of the proceedings of the committee and the club
c) keep an up to date register of members and their postal or residential addressses, and a record of the committee members and their addresses,
d) keep an up to date record of the club's rules
e) make the documents listed in subrules c) and d) above available for inspection by any member upon the request of that member,
f) have custody of all books, documents, records and registers of the club, other than those required to be maintained by the treasurer,
g) perform other such duties as are imposed by these rules on the Secretary.

15. DUTIES OF THE TREASURER

The Treasurer shall;

a) be responsible for the receipt of all monies paid to or received by, or by him on behalf of the club and shall issue receipts for those monies in the name of the club,
b) pay all monies referrred to in paragraph a) into such accounts of the club as the committee may from time to time direct,
c) make payments from the funds of the club with the authority of a General Meeting or of the committee and in doing so, ensure that all cheques are signed by 2 committee members other than himself or herself, 
d) keep appropriate accounting records in compliance with sections 25 and 26 of the Act,
e) submit to the committee a report, balance sheet or financial statement on the request of the President,
f) have custody of all securities, books and documents of a financial nature and accounting records of the club.

16, GENERAL MEETINGS

16.1 General meetings may be convened by the committee at any time, but would usually be held once every two months.

16.2 Special general meetings may be called at the written request of 10% of the members.

16.3 The Annual General Meeting of the club shall be held on a date and at a time to be specified by the committee.

The order of business shall be:

i) confirmation of minutes of last A.G.M.
ii) annual report by the president
iii) Treasurer's report or statement of accounts
iv) election of committee
v) appointment of an auditor
vi) any other notified business.

16.4 Members shall be given at least 14 days written notification by way of the club's newsletter of the date, time and place of any meeting, and an agenda listing business to be discussed.

17. MINUTES OF MEETINGS

17.1 The Secretary shall take proper minutes of all proceedings of all general meetings and committee meetings and enter them within 30 days in a minute book held for this purpose.

17.2 The President shall ensure that the minutes taken are checked and signed as correct by the chairperson of the meeting to which they relate.

17.3 When the minutes have been entered and signed as correct, they shall, until the contrary is proved, be evidence that;

a) the meeting to which they relate was convened and held
b) all proceedings recorded as having taken place did in fact take place; and
c) all appointments or elections purporting to have been made at the meeting have been validly made.

18. ALTERATION OF RULES OF THE CLUB

18.1 The rules of the club shall not be altered or amended except at an Annual General Meeting or a special general meeting.

18.2 Written notice to amend these rules shall be given to all members at least 14 days prior to a meeting at which a proposed change is to be discussed,

18.3 Any proposed change must be approved by a two-thirds majority of members who are present and entitled to vote.

18.4 The secretary shall, within 28 days of the meeting notify the Commissioner for Corporate Affairs of any alteration approved by a general meeting.

19. COMMON SEAL OF THE CLUB

19.1 The club shall have a common seal on which its corporate name shall appear in legible characters.

19.2 The common seal of the club shall not be used without the express authority of the committee and every use of that common seal shall be recorded in the minute book,

19,3 The affixing of the common seal of the club shall be witnessed by any two of the President, Vice-President, the Secretary and Treasurer,

19.4 The common seal of the club shall be kept in the custody of the Secretary or of such other person as the committee decides.

20. DISTRIBUTION OF PROPERTY ON THE WINDING UP OF THE CLUB

20.1 In the event of the winding up of the club, any monies received by way of grants which have not been used to the intended purpose will be returned in full to the appropriate authority,

20.2 If, on the winding up of the club, any property of the club remains after the satisfaction of the debts and liabilities of the club and the charges, costs and expenses of that winding up, that property shall be distributed;

a) to another incorporated association having objects similar to those of the club, or
b) for charitable or benevolent purposes.

The members shall determine which association or purpose the property shall be distributed to when directing the committee under section 33(3) of the Act.