1. NAME

The name of the club shall be ‘The Melbourne University Basketball Club, Inc. (hereinafter referred to as ‘the club’).

2. OBJECTIVE

   1. a)  To promote and foster the game of International Rules Basketball within the University of Melbourne.

   2. b)  To represent the University of Melbourne at Inter-varsity basketball carnivals and local and international competitions.

   3. c)  To select and manage teams to represent the club.

   4. d)  To undertake any activity, event or course which is considered to be in the interests of members.

3. MEMBERSHIP

The members of the club shall be the following:

1. a)  Every male/female of the University of Melbourne Sports Union who has paid his/her annual subscription to the club.

2. b)  All current office bearers of the club.

3. c)  The Men’s Head Coach and the Women’s Head Coach.

4. d)  All persons who have been elected to a Life Membership of the Club.

4. REGISTER OF MEMBERS

The Secretary shall keep and maintain a register of members on which shall be entered the full name, address, sports/sports union number and initial year of club membership of each member and the register shall be available for inspection at the address of the Public Officer.

5. OFFICE BEARERS

The office bearers of the club shall be:

a) President
b) Vice-President
c) Treasurer
d) Executive Secretary
e) Assistant Secretary

6. EXECUTIVE COMMITTEE

   1. a)  The executive committee shall consist of the current office bearers of the club along with a male and female domestic representative, male and female divisional representative, male and female VBL representative, social co-ordinator and a tournament co-ordinator.

   2. b)  Five (5) members shall form a quorum at all meetings of the Executive Committee

   3. c)  At all General and Executive Committee Meetings, the President shall be Chairman and in his/her absence the Vice-President shall elect the Chairman from those present.

   4. d)  All members of the executive committee shall hold office until the annual general meeting next after the date of their election and are eligible for re-election.

7. POWERS OF THE EXECUTIVE COMMITTEE

The executive committee shall be the governing body of the club and shall be empowered to do all things necessary to carry out the objects of the club, and in particular shall have the following powers and duties:

1. a)  To make, alter, add, amend or rescind such by-laws as may be deemed necessary from time to time for the carrying out of the objects of the club.

2. b)  To appoint sub-committees.

3. c)  To convene meetings of sub-committees.

4. d)  To declare any position of any Committee vacant should the holder himself without reasonable excuse [be absent] from two (2) consecutive meetings.

5. e)  To fill any vacancies which may occur on any committee.

6. f)  To co-opt any persons from time to time to assist the Executive or other Committees on a temporary basis and without any voting rights.

7. g)  To convene special general meetings when it is considered necessary.

8. h)  To appoint representatives of the club to the Sports Union Council.

9. i)  To make recommendations on any nominations received for Life Membership to the club.

8. MEETINGS OF THE EXECUTIVE COMMITTEE

a) The Executive Committee shall meet as often as is necessary for the consideration and execution of the business of the club. Seven (7) days notice of the meeting shall be given by the Executive Secretary to each member of the Executive Committee and to each Life Member of the club.

b) Special meetings of the committee may be convened by the President or any four (4) of the members of the committee.

c) Notice shall be given to members of the committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.

d) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for a meeting a quorum is not present, the meeting shall stand adjourned to the same place at the same hour of the same day in the following week unless the meeting was a special meeting in which case it lapses.

e)  Questions arising at a meeting of the committee or of any sub-committee appointed by the committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such a manner as the person presiding at the meeting may determine.

f)  Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote, and:

g)  Subject to Clause 6(b) of this constitution the committee shall act notwithstanding any vacancy on the committee.

9. FINANCIAL YEAR

The financial year shall commence on the first of April and end on the thirty-first of March.

10. ANNUAL GENERAL [MEETING]

1. a)  The Annual General Meeting of the club shall be held prior to the end of Term 1 of the University year for the following purposes.

   1. To receive Annual Reports and the Balances sheet for the preceding year.

   2. To elect the office bearers of the club.

   3. To fix the amount of annual subscriptions which shall be collected from each member by whom an annual subscription is payable.

   4. To transact any other business of which notice in writing shall have been given to the Executive Secretary at least fourteen (14) days before the advertised time of the meeting.

   5. To appoint an auditor for the next year.

2. b)  Nominations for office bearers and committee members in writing on the appropriate form shall be accepted by the Executive Secretary up to twenty four hours before the commencement of the meeting. If sufficient nominations to fill positions are received in writing, no further nominations from the floor of the meeting shall be called. In the event of insufficient nominations being received, the Executive Secretary may call for nominations for a position, from the floor, for that position.

3. c)  At least fourteen (14) days notice of the date, time and venue of the Annual General Meeting shall be given by the Executive Secretary by:

   1. Notification in the club newsletter (including electronic format).

   2. Announcement at training session.

   3. Via email and/or mail.

4. d)  Notices calling and setting out the business of the meeting shall be given by the Executive Secretary at least seven (7) days before the meeting by the above noted methods.

5. e)  The quorum for an Annual General Meeting shall be fifteen (15) members.

11. SPECIAL GENERAL MEETING

a) Special general meetings of the club may be convened by:

i. The Executive Committee, or
ii. The Executive Secretary at the written request of ten (10) members, such request to state the purpose for which the meeting is to be convened.

b)  At least seven (7) days notice of a special general meeting shall be given by the Executive Secretary together with a statement of the business of the meeting (including any notice of motion). Notices calling and setting out the business of the meeting shall be:

2. 1. Sent out by mail or email to each member of the club.

   2. Announcement at training sessions.
      
      c)  The quorum for Special General Meetings shall be fifteen (15) members.

12. CONSTITUTION

1. a)  The Constitution may be amended at any General Meeting by a majority vote of not less than three-fourths of those members present provided notice of motion in writing signed by two members of the club has been lodged with the Executive Secretary at least twenty-one (21) days prior to the meeting.

2. b)  At least seven (7) days notice of any motion seeking an amendment to the Constitution shall be given by the Executive Secretary and shall be:

   1. Sent out by mail and/or email to each member of the club.

   2. Announcement at training session.

13. LIFE MEMBERSHIP

a) Upon approval of the nominee by the Executive Committee a written report on the services of the nominee shall be presented to the club for a vote. This shall be:

i. Sent out by mail or email to each club member.

2. b)  Life members may be elected at any time by at least three-fourths majority.

3. c)  Life membership is restricted to those whose service to the club has been worthy of the highest honour.

4. d)  By a resolution of three-fourths majority vote of the club, Life Membership may be cancelled.

5. e)  Privileges of a Life Member shall include free membership of the club with the right to attend all functions held by the club including General and Executive Committee meetings with a right to vote. Life members shall be given a certificate and/or medallion setting out the award signed by the President and Executive Secretary on behalf of the club.

14. VOTING

Only members of the club shall have the right to vote and unless otherwise provided:

a) Voting at any meeting is by simple majority.
b) At all meeting voting shall be by show of hands unless a ballot is requested by any two members.
c) The Chairman at an Executive and General Meetings shall not have a deliberative vote but in the event of equality of votes he shall be entitled to a casting vote.
d) Upon any question arising at a meeting, a member has one vote only and all votes shall be given personally or by proxy.
e) The chairman at any other meeting shall have a deliberative vote and shall in the event of an equality of votes have a second or casting vote.

15. PROXIES

    1. a)  Each member shall be entitled to appoint another member as his proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.

    2. b)  The notice appointing the proxy shall be in the form set out in Appendix I.

16. PATRONS

The club at any Annual General Meeting may appoint such persons as it shall consider fit to be Patrons of the club for the following year. The position of Patron shall be received at each Annual General Meeting.

17. EXECUTIVE SECRETARY

The Executive Secretary shall attend all meetings of the Executive Committee and all General Meetings and shall take minutes of the proceedings and record the same in a proper minute book. He or she shall conduct the correspondence of the club, keep a record of all reports from committees, keep a register of attendance at all meetings and generally be responsible for the organisation and efficient conduct of the administrative activities of the Club.

18. TREASURER

The Treasurer shall:

1. a)  Control and keep correct accounts of all monies received and disbursed and shall produce a Financial Statement at all General Meetings and when requested by the Executive Committee.

2. b)  Immediately bank in the name of the club all monies received by him an pay all claims made against the club when approved by the Executive Committee.

3. c)  Organise the collection of the Annual Subscription fixed by the club at its Annual General Meeting.

19. SOURCES OF FUNDS

The funds of the club shall be derived from annual subscriptions, donations and such other sources as the committee determines.

20. BANKING

All monies of the club shall be deposited in such accounts in such banks as shall be approved by the Executive Committee at their first meeting in office. All cheques drawn on the club’s current account shall be signed by two out of the following three office bearers: Treasurer, President, Secretary.

21. EXPULSION

If any member of whatsoever description of membership wilfully refuses or neglects to comply with the provisions of the Constitutions or By-Laws of the club or is guilty of any conduct unworthy of a Member, such Member shall be liable to expulsion by a three-fourths majority resolution of the Executive Committee, provided that at least one week before the meeting at which such resolution for his expulsion, and that he shall have had notice thereof and of the intended resolution for his expulsion, and that he shall at such meeting and before such a resolution is voted upon shall have had an opportunity of giving orally or in writing any explanation or defence as he may think fit. A member expelled under this paragraph shall forfeit all right in and claim upon the club and its property.

22. COACHES

    1. a)  As vacancies arise, the Executive Committee shall select coaches for the club, including Men’s Head Coach and Women’s Head Coach.

    2. b)  The positions of coaches of the club shall be reviewed annually by the Executive Committee.

23. WINDING UP

The club may be wound up at an General Meeting by a majority of not less than three-fourths of the members of the Club, including the Chairman, provided that a notice of motion in writing signed by two members of the club has been lodged with the Executive Secretary at least twenty-one (21) days prior to the meeting:

a) In the event of the club being wound up, the assets and property after payment of all debts and liabilities shall not be distributed to members but shall be distributed to a fund or funds with similar objects and/or to a fund or funds exclusively for charitable purposes.

24. COMMON SEAL

    1. a)  The Common Seal of the club shall be kept in the custody of the Secretary.

    2. b)  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 either of two members of the Committee or of one member of the Committee and of the Public Officer of the club.

25. ALTERATION OF THE STATEMENT OF OBJECTS AND RULES

These rules and the Statement of Objects of the club shall not be altered except in accordance with the Associations Incorporations Act 1981.

26. CUSTODY OF BOOKS AND OTHER DOCUMENTS

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