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					                                        1 – DRAFT ISSUED 13 July 00


                                    CONTENTS
                               CONSTITUTION OF THE
                        DANDENONG SOFTBALL ASSOCIATION INC.

   TITLE
                                                                                      PAGE




   1    NAME                                                                                 2
   2    INTERPRETATION                                                                       2
   3    OBJECTIVES                                                                           3
   4    MEMBERSHIP                                                                           5
   5    ENTRANCE FEE AND ANNUAL SUBSCRIPTION                                                 8
   6    REGISTER OF MEMBERS                                                                  8
   7    COMMITTEE OF MANAGEMENT                                                              8
   8    EXECUTIVE                                                                            8
   9    GENERAL COMMITTEE                                                                    9
   10   ELECTION OF EXECUTIVE OFFICE BEARERS                                                 10
   11   MEETINGS                                                                             10
   12   CHAIRMAN                                                                             13
   13   VOTING                                                                               13
   14   MINUTES                                                                              13
   15   DUTIES OF EXECUTIVE MEMBERS                                                          13
   16   DUTIES OF AUDITOR                                                                    15
   17   COMMON SEAL                                                                          15
   18   ALTERATION OF RULES AND STATEMENT OF PURPOSES                                        16
   19   CUSTODY OF BOOKS AND OTHER DOCUMENTS                                                 16
   20   INSPECTION OF BOOKS AND OTHER DOCUMENTS                                              16
   21   SOURCES OF FUNDS                                                                     16
   22   WINDING UP OR DISSOLUTION                                                            16
   23   EXPULSION, SUSPENSIONS AND FINES                                                     16
   24   DISPUTES                                                                             17
   25   PROTESTS                                                                             18
   26   PERMISSION FOR GAMES                                                                 18
   27   INTER ASSOCIATION GAMES                                                              18
   28   DEFUNCT CLUBS                                                                        18
   29   PLAYING RULES                                                                        18
   30   AMATEUR STATUS                                                                       18
   31   NON-PAYMENT OF MONEY DUE TO ASSOCIATION                                              19
   32   BY LAWS                                                                              19
   33   TRANSFER OF PLAYERS - CLEARANCES AND PERMITS                                         19
   34   RULES IN RELATION TO THE SALE AND CONSUMPTION OF LIQUOR                              19


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Dandenong Softball Association Inc. Constitution Revision 1.1 DRAFT ISSUED 13 July 00  11/1/2011
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    1.          NAME

                The name of this organisation shall be the DANDENONG SOFTBALL ASSOCIATION
                INCORPORATED (incorporated in the State of Victoria).

    2.          INTERPRETATION

    2.1         ASSOCIATION:                                      DANDENONG SOFTBALL
                                                                  ASSOCIATION INC.

    2.2         AFFILIATED ASSOCIATIONS:                            Softball Associations, clubs and
                                                                    Individuals affiliated with the Association.

    2.3         EXECUTIVE:                                          Shall mean the officers or office-bearers
                                                                    of the Association.

    2.4         GENERAL MANAGEMENT COMMITTEE:                       General Committee of Management of the
                                                                    Association.

    2.5         PRESIDENT:                                          President of the Association.

    2.6         VICE-PRESIDENT:                                     Vice-President of the Association.

    2.7         TREASURER:                                          Treasurer of the Association.

    2.8         SECRETARY:                                          Secretary of the Association.

    2.9         MANAGER:                                            Manager of the Association.

    2.10        PUBLIC OFFICER:                                     Public Officer of the Association.

    2.11        MEMBER:                                             Member of the Association.

    2.12        LIFE MEMBER:                                        Life Member of the Association.

    2.13        COMMISSION:                                         Corporate Affairs Commission.

    2.14        VICTORIAN:                                          Victorian Softball Association Inc.

    2.15        THE ACT:                                            The Associations Incorporation Act 1981.

    2.16        FINANCIAL YEAR:                                     Means year ending 14 days prior to
                                                                    the nominated Annual General Meeting.

    2.17        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.

    2.18        DANDENONG:                                          Means and includes the municipality of
                                                                    Dandenong and adjoining or other
                                                                    municipalities represented by constituent
                                                                    members.

    2.19        FEDERATION:                                         Australian Softball Federation.



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    3.0         OBJECTIVES

                The objectives of the Association are:

    3.1         To encourage, promote, control and manage the game of softball in Dandenong and the
                surrounding districts.

    3.2         To control and manage Dandenong teams in other cities and places, either within
                Victoria or elsewhere.

    3.3         To control inter-club and inter-association matches in Dandenong and surrounding
                districts.

    3.4         To control club teams while in other cities and places.

    3.5         To control Associate Associations.

    3.6         To encourage social life among the members of the Associations and to control social
                functions, athletic sports and recreational activities.

    3.7         To be affiliated with the Victorian Softball Association Inc.

    3.8         To acquire, make or otherwise provide and use and maintain all such softball parks,
                grounds, buildings, accessories, amenities, accommodation, conveniences, apparatus,
                equipment and plant as may be considered necessary or desirable or likely to be directly
                or indirectly of use or benefit to the Association or its members or any section of
                members, including (but without limiting the generality of the foregoing). Gymnasiums,
                badminton courts, table tennis tables, club rooms, ballrooms, card rooms, billiard
                rooms, sporting libraries, general libraries, canteens, squash courts, tennis courts,
                basketball courts, swimming pools, bowling greens, putting greens, croquet lawns and
                sports grounds.

    3.9         To promote and hold or join in or contribute to the promotion and holding of softball or
                other sports meetings, competitions, matches, tournaments and exhibitions and to offer,
                give or contribute to trophies, medal awards of all kinds and donations and to promote,
                hold or join in or contribute to social functions and entertainments of all kinds.

    3.10        To purchase, take or lease or in exchange, rent, hire or otherwise acquire and hold any
                real or personal property.

    3.11        To construct, maintain and alter any buildings, plant, equipment works or property.

    3.12        To invest any moneys or funds of the Association for the time being available for
                investment in such investments as are authorised by the laws of the State of Victoria for
                the investment of trust moneys or on deposit with any bank (with power to vary such
                investments for or into others of a live nature) and to leave money for any period on
                current account with any bank.


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    3.13        To borrow or raise or secure the payment of money in such manner as the Association
                shall think fit and in particular (but without limiting the generality of the foregoing) by
                the issue of debentures or debenture stock, perpetual or otherwise, charged upon all or
                any of the Association's property (both present and future) or without any such security
                and upon such terms and conditions as the Association shall think fit and to purchase,
                redeem or pay off any such securities at such times and in such manner and on such
                terms and conditions as the Association may from time to time consider desirable.

    3.14        To establish such Investment Clubs or Co-operatives and where appropriate to apply for
                registration of the same under the provisions of the Co-operative Society Act or any
                similar enactment from time to time in force in the State of Victoria as the Association
                may from time to time consider desirable and to hold, maintain and renew any
                registration granted pursuant to any such application and to do all such acts and things
                as may be necessary or desirable in connection with such application, holding,
                maintenance and renewal.

    3.15        To establish provident, benevolent, beneficiary or superannuation funds and schemes
                for the benefit of members and employees of the Association and their dependents.

    3.16        To adopt such means of publicity as may seem or be deemed by the Association
                conductive to the attainment or furtherance of the objects and activities of the
                Association or any of them.

    3.17        To sell, improve, range, develop, exchange, lease, sublease, mortgage, dispose of, turn
                to account or otherwise deal with all money real or personal property of the Association
                or any of its rights or privileges.

    3.18        To pay all costs, charges and expenses incidental to or connected with the formation of
                the Association and the purchase or acquisition of the properties, rights and other
                benefits acquired or to be acquired for the purposes of the Association and the carrying
                of any of its objects into effect and remunerate any person, firm or company for services
                rendered in connection therewith.

    3.19        To procure or accept subscriptions, guarantees, gifts (including legacies and devices)
                and donations whether real or personal property and subject to such conditions (if any)
                as maybe thought fit.

    3.20        To support and subscribe to any charitable or public body or object.

    3.21        If thought fit to apply to the Victorian Liquor Control Commission or authority to be
                registered under the provisions of the Liquor Control Act 1968 or any similar enactment
                from time to time in force in the State of Victoria governing the granting of Club
                registrations to such bodies of the Association and to hold, maintain and renew any
                registration granted pursuant to any such application and to do all such acts and things
                as may be necessary or desirable in connection with such application, holding,
                maintenance and renewal.

    3.22        If thought fit to apply for, and obtain or secure or assist in securing, the enactment of
                legislation by the Commonwealth or any State Parliament or by any municipality.
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    3.23        To appoint any person, persons or body, to accept and hold in trust for the Association
                any property belonging to the Association or in which it is interested and to execute and
                to all such deeds, instruments, acts and things as may be requisite to vest the same in
                such person or persons and if thought fit to remunerate any such persons.

    3.24        To indemnify so far as the law may allow any member, officer or employee of the
                Association in respect of any action taken or to be taken or any liability incurred or to
                be incurred by such member, officer or employee in any matter which the Association
                may consider of benefit to the Association.

    3.25        To do all things necessary to further the game of softball, and generally to do all such
                other acts and things as may appear to be directly or indirectly incidental or conductive
                to the attainment or furtherance of the above objects or any of them.

    3.26        To arrange courts of appeal as and when deemed necessary on all matters concerning
                softball in Dandenong and districts.

    3.27        To adopt the rules of the game of softball as issued by the Victorian Softball
                Association Inc, Australian Softball and International softball Federations.


    4.0         MEMBERSHIP

    4.1         The Association membership shall consist of:

    4.1.1       Office Bearers of the Association

    4.1.2       Affiliated Associations and members thereof which may be formed from time to time.

    4.1.3       Affiliated Clubs and members thereof which may be formed from time to time.

    4.1.4       Life Members

    4.1.5       An Associate Umpire's Association and members thereof.

    4.1.6       Honorary Members.

    4.1.7       Public Officer



    4.2         Qualifications for Membership

    4.2.1       Any person who is nominated and approved for membership as provided in these rules
                is eligible to be a member of the Association on payment of the entrance fee and annual
                subscription payable under these rules.


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    4.2.2       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:-

                (a)      unless he/she is nominated as provided in sub-clause (3); and
                (b)      his/her admission as a member is approved by the Executive.

    4.2.3       A nomination of a person for membership of the Association: -

                (a) shall be made in writing in the form set out in Appendix 1 (membership form);
                and
                (b) shall be lodged with the secretary of the Association.

    4.2.4       As soon as is practicable after the receipt of a nomination, the secretary shall refer the
                nomination to the Executive.

    4.2.5       Upon a nomination being referred to the Executive, the Executive shall determine
                whether to approve or to reject the nomination.

    4.2.6       Upon a nomination being approved by the Executive, the Secretary shall, with as little
                delay as possible, notify the nominee in writing that he/she is approved for membership
                of the association and request payment within the period of 28 days after receipt of the
                notification of the sum payable under these rules as the entrance fee and the first year's
                annual subscription.

    4.2.7       The secretary shall, upon payment of the amounts referred to in sub-clause (4.2.6)
                within the period referred to in that sub-clause, enter the nominee's name in the register
                of members kept by him/her and, upon the name being so entered, the nominee becomes
                a member of the Association.

    4.2.8       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/her membership whether by death or
                         resignation or otherwise.

    4.2.9       Upon acceptance, a member or Affiliated Association shall be bound by the
                Constitution and By Laws of the Association.

    4.2.10      Life Members - the Association shall have the power to elect Honorary Life Members,
                such memberships to be awarded to Members who have rendered special services to the
                Association or the game of Softball over a period of not less than 10 years. Life
                members may be elected only at the Annual General Meeting and by a three-fourths
                majority of those present and entitled to vote.

                Life members shall have all the rights of and obligations of an ordinary member but the
                Association shall pay on their behalf, all Association fees on that member’s behalf while
                they are actively involved with the Association
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    4.3         Admission of New Affiliated Clubs and Associations

    4.3.1       Any Softball Club or Association which wishes to become a member of the Association
                shall make written application to the Secretary. Such application shall include - the area
                served by the Association; number of teams and the current or previous season's
                schedule of games; names and addresses of Office Bearers; colours of the Club or
                Association; a copy of their Constitution; and the Affiliation Fee. The latter shall be
                refunded should Affiliation not be accepted.

    4.3.2.      The application for admission shall be considered by the General Management
                Committee and a decision on admission shall be accepted on a majority of votes cast.

    4.3.3       The decision on the application for admission shall be promulgated by the Secretary to
                all concerned.

    4.3.4.      Upon acceptance, an Affiliated Association shall be bound by the Constitution and By
                the Laws of the Association.

    4.4         Admission of Associate Associations

    4.4.1       Any Association which has a common interest and which wishes to become an
                Associate Association of the Association, shall make written application to the
                Secretary.

    4.4.2       The application for admission shall be considered by the General Management
                Committee and a decision on admission shall be accepted on a majority of votes.

    4.4.3       The decision on the application for admission shall be promulgated by the Secretary to
                all concerned.

    4.4.4       Upon acceptance, an Associate Association shall be bound by the Rules and By Laws of
                the Association.




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    4.5         Honorary Membership

    4.5.1       Honorary Membership of the Association

      4.5.1.1     Officials and Players of visiting teams to the Association shall be awarded Honorary
                  Membership of the Association on the day of competition.

      4.5.1.2     May be granted by the General Management Committee to any person who is not a
                  member of an Affiliated Association, Office Bearer or Life Member of the
                  Association, who assists in the promotion, development or administration of Softball
                  in Victoria

    4.5.2       Honorary Members have the privilege of attending Association Meetings, but shall have
                no vote, but may be granted the right to speak on any matter.

    4.5.3       Honorary Members shall be eligible for nomination/application for any official position
                or to serve on any sub-committee of the Association.

    4.5.4       No fees shall be payable by Honorary Members.

    4.5.5       Once an Honorary Member becomes a member of an Affiliated Association, he/she
                ceases to be a Honorary Member.



    5.0         ENTRANCE FEE AND ANNUAL SUBSCRIPTION
    5.1         The Entrance fee shall be $1.00.

    5.2         The annual subscription shall be set by the General Management Committee each year
                and is payable in advance on or before the 1st day of November in each year.


    6.0         REGISTER OF MEMBERS

    6.1         The secretary shall keep and maintain a register of members in which shall be entered
                the full name, address and date of entry of the name of each member and the register
                shall be available for inspection by members at the address of the Public Officer.

    (1)         An incorporated club or association must have the word "Incorporated" as the last word
                in its name.


    7.0         COMMITTEE OF MANAGEMENT

    7.1         The Jurisdiction of the Association shall extend to, and be acknowledged by all
                Members.



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    7.2         The affairs of the Association shall be managed by:-

    7.2.1       The Executive.

    7.2.2       The General Management Committee.


    8.0         EXECUTIVE

    8.1         The Executive shall comprise of the offices of the Association

                (i)              The President
                (ii)             The Vice-President
                (iii)            Treasurer
                (iv)             Secretary
                (v)              Assistant Secretary
                (vi)             Manager

    8.2         The Executive shall have the power :-

    8.2.1       To implement and administer the policy and rules of the Association in all matters
                affecting the control and management of the game of Softball in all its forms in the City
                of Greater Dandenong and surrounding Districts.

    8.2.2       To govern the Association in accordance with the rules and to act in all matters for the
                Association.

    8.2.3       To vote money and pass accounts.

    8.2.4       To deal with any member of the Association not complying with the rules and/or
                Bylaws of the Association.

    8.2.5       To appoint the Public officer.

    8.2.6       To appoint any Trustee or Trustees to administer any trust fund of the Association.

    8.2.7       To hear and decide any appeal from any member, club or officer from any associate
                association or officer or member thereof.

    8.2.8       To settle all disputes between clubs or members.

    8.3         To enforce provisions of Rule 10 so far as they are applicable and with the necessary
                modifications, apply to and in relation to the election of persons to any of the offices
                mentioned in clause 2.5 to 2.12.

    8.4         Each Officer of the Association shall hold office until the Annual General Meeting next
                after the date of his/her election but is eligible for re-election.


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    8.5         In the event of a casual vacancy occurring in the office referred to in clause 2.4, the
                Executive may appoint a member of the Association to fill the vacancy and the member
                so appointed shall hold office, subject to these rules, until the conclusion of the Annual
                General Meeting next following the date of her/his appointment.

    8.6         Prepare and recommend to the General Management Committee a schedule of fees and
                levies as determined to meet the financial needs of the Association.


    9.0         GENERAL MANAGEMENT COMMITTEE

    9.1         The General Management Committee shall determine the policy of the Association.
                The committee shall comprise the Officers of the Association-and not more than one (1)
                voting representative from any affiliated club or association who must be an Executive
                Member of that affiliated club or association.

    9.1.2       To nominate allowances for the conducting of intra-association, inter-association or
                other matches controlled by the Association.

    9.1.3       To establish any fund to achieve or further any of the objects of the Association.

    9.1.4       To determine any matter referred to it by any constituent club or associate association.

    9.1.5       To make By-Laws (not inconsistent with any provisions of the Constitution), in respect
                of any matter within the powers of the Association, and to rescind or vary any By-Laws
                so made.

    9.1.6       To form any subscriptions as may be required.

    9.1.7       To govern the Association in accordance with these rules.

    9.1.8       To deal with, settle or determine all or any matters whether they be specifically
                provided for, covered, dealt with or referred to in these rules.


    10.0        CONDUCT OF ELECTIONS OF OFFICE BEARERS

    10.1        Election of Officers or to fill casual vacancies.

                Nominations of candidates for election as officers of the Association :-

                (a)    shall be made in writing, signed by two financial members of the Association and
                       accompanied by the written consent of the candidate (which may be endorsed on
                       the form of nomination);

                       and

                (b)    shall be delivered to the secretary of the Association not less than 7 days before
                       the date and time fixed for the holding of the Annual General Meeting.
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    10.2        If insufficient nominations are received to fill all vacancies on the Executive , the
                candidates nominated shall be deemed to be elected and further nominations shall be
                received at the Annual General Meeting.

    10.3        If the number of nominations received is equal to the number of vacancies to be filled,
                the persons nominated shall be deemed to be elected.

    10.4        If the number of nominations exceeds the number of vacancies to be filled, a ballot shall
                be held.

    10.5        The ballot for the election of officers and ordinary members of the Executive shall be
                conducted at the Annual General Meeting in such usual and proper manner as the
                Executive may direct.

    10.6        A nomination of a candidate for election under this clause is not valid if that candidate
                has been elected to another office at the same election.


    11.0        MEETINGS

    11.1        Annual General Meeting

    11.1.1      The Association shall in April to May of each calender year convene an Annual General
                Meeting of its members.

    11.1.2      The Annual General Meeting shall be held on such day as the Executive determines.

    11.1.3      The ordinary business of the Annual General Meeting shall be:-

                (1)      to confirm the minutes of the last preceding Annual General Meeting;

                (2)      to receive from the Executive Annual reports upon the transactions of the
                         Association during the last preceding financial year;

                (3)      to elect Officers of the Association.

                (4)      to make, amend or rescind any rules;

                (5)      to deal with any other business brought before the meeting which the chairman
                         may permit;

                (6)      to receive and consider the statement submitted by the Association in
                         accordance with Section 30 (3) of the Act (financial statements).

                (7)      to confirm or repeal any By Laws introduced or amended during the previous
                         year. (9.1.5 - RULE 32)

    11.1.4      To elect an Auditor or Auditors and to fix his/hers or their remuneration, if any.
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    11.1.5      To decide the amount of fees, subscriptions and levies.

    11.1.6      To receive nominations for positions of Assistant Manager/s, Public Relations Officer,
                Match Secretary, Coaches Representatives, Canteen Manager, Grounds Manager and
                Property Officer.

    11.1.7      The quorum for such meeting shall be twenty (20) financial members personally present
                and entitled to vote.

    11.1.8      The Secretary of the Association shall, at least 21 days before the date fixed for holding
                such meeting, advise the General Management Committee and members of date, time,
                venue and at the same time advise of any notices of motion. This advice to be in
                writing.

    11.1.9      Each financial member present at the Annual General Meeting shall be entitled to one
                vote and no more provided that when votes are equal the Chairman, in addition to his
                vote as a member, shall have a second and casting vote.

    11.1.10     No business shall be transacted unless a quorum is present and if within half an hour of
                the time appointed for the meeting a quorum is not present the meeting shall stand
                adjourned to the same place and at the same hour of the same day in the following week
                unless the meeting was a special meeting in which case it lapses. At any re convened
                meeting a quorum shall be all or any who attend the reconvened meeting.

    11.2        Special Meetings

    11.2.1      Special Meetings of the Association may be summoned by the Secretary for any date
                that will permit twenty one (21) days notice to all members of the Association. Such
                notice shall set out clearly the general outline of the business of the meeting, and no
                other business shall be dealt with.

    11.2.2      A special meeting shall be summoned:-

                (1)      by resolution of the Executive.
                (2)      by direction of the President.
                (3)      within 21 days of a requisition signed by any twenty (20) members of the
                         Association.

    11.2.3      At all Special Meetings called in accordance with sub-clause (2.2) (3) of this Rule the
                meeting shall not proceed, but shall lapse, unless fifteen (15) such members are present.

    11.2.4      The provisions of Rule 13 as to attendance, voting and quorum shall apply equally to
                special meetings.

    11.3        General Management Committee Meetings

    11.3.1      The General Management Committee shall be chaired by the Association President and
                shall meet at least ten times per year at regular intervals.
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    11.3.2      The quorum for meetings of the General Management Committee shall be more than
                fifty percent of the Executive Office bearers and not less than fifty percent of the clubs.

    113.3       At all meetings of the General Management Committee all questions shall be decided
                by a show of hands unless a ballot is required expressly in these Rules or is requested by
                at least one-third of the members of the Committee present and entitled to vote. Any
                such ballot shall be held without adjournment. At all meetings of the General
                Management Committee all questions shall be decided by show of hands. When votes
                are equal the Chairman shall have a second or casting vote.

    11.4        Executive Meetings

    11.4.1      The Executive shall meet as required.

    11.4.2      The quorum for meetings of the Executive shall be three (3) members or such other
                number, as the Executive shall from time to time determine in relation to future
                meetings.

    11.4.3      The Secretary shall call a meeting of the Executive within seven (7) days of a written
                request signed by any three (3) members of the Executive or when directed by the
                President and in default of the Secretary so doing the meeting may be called by the three
                (3) members making the request or by the President.

    11.4.4      At all meetings of the Executive all questions shall be decided by a show of hands
                unless a ballot is required expressly in these Rules or is requested by at least one-third
                of the members of the Executive present and entitled to vote. Any such ballot shall be
                held without adjournment. The Chairmen shall have one (1) vote and no more and shall
                not have a second or casting vote.

    11.4.5      The Executive shall have full power at any time to co-opt any person or persons,
                whether members of the Association or not, to advise or act with it in relation to any
                particular matters or generally in relation to the powers and duties of the Executive.


    12.0        CHAIRMAN

    12.1        The President, or in his/her absence, the Vice-President, shall preside as Chairman at all
                meetings of the Association.

    12.2        If the President and the Vice-President are absent from any meeting, the members
                present shall elect one of their number to preside as Chairman at the meeting.


    13.0        VOTING

    13.1.1      At all meetings of the Association the mode of voting shall be by a show of hands,
                unless otherwise specified, except where a ballot may be demanded by a majority of
                those present and entitled to vote. No proxy votes shall be allowed.
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    13.1.2      A Member is not entitled to vote at any general meeting unless all monies due and
                payable by him/her to the Association have been paid, other than the amount of the
                Annual subscription payable in respect of the current financial year.


    14.0        MINUTES

                The secretary of the Association shall keep minutes of the resolutions and proceedings
                of each General Management Committee meeting and each Executive meeting in books
                provided for that purpose together with a record of the names of persons present at such
                meetings.


    15.0        DUTIES OF EXECUTIVE MEMBERS

    15.1        President and Vice-President

                (a)      The President shall, so far as possible, act as Chairman at all meetings of the
                         Association, and the Executive and preserve order so that business may be
                                conducted with propriety and in due form.

                (b)      The President shall have the right to vote on any motion at such meetings and,
                         where the voting is equal, he/she shall have a second and casting vote, but not at
                         meetings of the Executive.

                (c)      The President shall have unlimited authority on every question of order and in
                         cases of doubt or difficulty the usual mode of debate shall be followed.

                (d)      In the absence of the President, the Vice-President shall preside. In the absence
                         of the President and Vice-President, the members present shall elect one of their
                         number to act as Chairman. Such Chairman shall, for that meeting have the
                         rights, authorities and powers of the President.

                (e)      The President, if not a member of a committee or sub-committee may attend any
                         meetings of the committee in an advisory capacity but shall not vote there at.


    15.2        Secretary

                Duties of Secretary

                The Honorary Secretary shall:-

                (a)      Attend all meetings of the Association, and the Executive.

                (b)      Keep a true and correct record of all minutes and
                         resolutions of such meetings, in a minute book.

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                (c)      Perform the clerical work of the Association and carry out all directions given at
                         meetings of the Association, Executive and or General Management Committee.

                (d)      Receive and record all registrations of players, coaches, managers and delegates
                         of clubs and club teams.

                (e)      Receive and record all umpires' reports and results of matches.

                (f)      Carry out all instructions properly given by the Association.

                (g)      Shall have authority to sign all clearances and permits. Shall keep records of all
                         such transfers.

    15.3        Treasurer

                Duties of Treasurer

                The Treasurer shall:-

    15.3.1      Attend all meetings of the Association, and the Executive.

    15.3.2      (a)      shall collect and receive all moneys due to the Association and make all
                         payments authorised by the Association; and

                (b)      shall keep 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.

    15.3.3      The accounts and books referred to in sub-clause 15.3.2 (a) shall be available for
                inspection by members.

    15.3.4      All cheques drafts, bill of exchange, Promissory note, and other negotiable instruments
                shall be signed by any two of the following officers - President, Vice President,
                Secretary and Treasurer.

    15.3.5      Submit a statement showing the financial position of the Association at such times as
                the Executive shall direct.

    15.3.6      Prepare and submit to the Auditor an Annual balance sheet and statement of accounts.

    15.4        Manager

                Duties of the Manager

    15.4.1      Attend all meetings of the Association, and the Executive.

    15.4.2      Promote competition:

                15.4.2.1         by arranging inter - Association games for each representative team.
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                15.4.2.2         by developing new competitions ie, Masters, Slowpitch, Elite and
                                 Regional based.

    15.4.3      In conductions with the Clubs be responsible for the formation and running of the
                Associations domestic and inter Association competitions.

    15.4.4      Call for and accept nominations for the positions of Coach, Assistant Coach, Scorer and
                Manager for each representative team on behalf of the Executive and submit the
                nominations to the Selection Committee and also submit them to the first Executive
                meeting thereafter.

    15.4.5      Prepare and submit to the Annual General Meeting of the Association a report on the
                previous twelve (12) months activities, including Inter - Association matches, carnivals
                attended, success and failures of teams, condition of equipment owned by the
                Association and any other information required by the Association Executive.

    15.4.6      Collect and retain reports from each Coach and Manager of each representative team
                and submit them to the first Executive meeting thereafter.

    15.4.7      Shall together with the Assistant Manager, the D.S.U.A. Vice President (Manager) and
                the Games Secretary, form a Grading Committee whose duties shall be to grade teams
                and schedule home and home matches for the season.

    15.4.8      Shall have sole authority to decide on the cancellation of a complete day’s play or any
                section prior to commencement of play due to unsuitable conditions.




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    16.0        DUTIES OF AUDITOR

    16.1        An Auditor or Auditors, who shall not be Officers of the Association (but may be
                members), shall:-

                (i)      Audit the accounts of the Association.

                (ii)     Submit to the President before the Annual General Meeting a report in writing
                         on the Audit.


    17.0        COMMON SEAL

    17.1        The Common Seal of the Association shall be kept in the custody of the secretary.

    17.2        The Common Seal 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 either
                of two members of the Executive or of one member of the Executive and of the Public
                Officer of the Association.


    18.0        ALTERATION OF RULES AND STATEMENT OF PURPOSES

                These rules and the statement of purposes of the Association shall not be altered except
                in accordance with The Act.


    19.0        CUSTODY OF BOOKS AND OTHER DOCUMENTS

                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.


    20.0        INSPECTION OF BOOKS AND OTHER DOCUMENTS

                All books and other documents except as otherwise provided in these Rules shall be
                available for inspection by members at the address of the Public Officer.


    21.0        SOURCES OF FUNDS

                The funds of the Association shall be derived from entrance fees, annual subscriptions,
                donations and such other sources as the General Management Committee determines.




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    22.0        WINDING UP OR DISSOLUTION

                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
                Act.


    23.0        EXPULSION, SUSPENSIONS AND FINES

    23.1        Subject to these Rules, the General Management Committee may by resolution:

                (i)      expel a member/s from the Association;

                (ii)    suspend a member/s and club(s) from membership of the Association for a
                specified period;

                or

                (iii)    fine a member/s and clubs, in accordance with the regulations:-


                         (a)     if the General Management Committee is of the opinion that the

                                 member/s or club(s)

                         (b)     has refused or neglected to comply with these rules; or

                         (c)     has been guilty of conduct unbecoming a member or
                                 prejudicial to the interests of the Association.

                         (d)     The passing by a three fourths majority of the members of the General
                                 Management Committee present at any meeting of the Association, of a
                                 resolution that any Executive Committee member named in such
                                 resolution is not performing his/her duties properly and/or that it would
                                 be beneficial to the Association to remove him/her from the Executive
                                 Committee, provided that no such removal shall be valid unless the
                                 Executive Committee member has been given the opportunity to appear
                                 before the Association at a special meeting to show cause.


    23.2        The resolution must be conveyed to the member/s within 7 days by the Secretary and
                the member/s or club(s) then has right to appeal to the Executive of the Association.
                Any such appeals to be lodged in writing with the Secretary of the Association.

    23.3        Any member/s or club(s) then after a hearing with the Executive of the Association shall
                have the right of appeal to the Victorian Softball Association Inc. and any other
                appropriate Governing Body.



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    23.4        Persons or Clubs Under Suspension Debarred from Taking Part in Matches -

                Any person or Club under suspension or disqualification by the Association or
                Executive in accordance with paragraph 23.1 of this Constitution shall be debarred from
                playing or taking part in any match played under the control of the Association, and any
                member of any club, team or Association knowingly playing or taking part, in any
                match in which such suspended or disqualified person plays or takes part, shall be liable
                to suspension or disqualification or other such penalty as the Executive or Association
                may determine.

    23.5        Right of Appeal

                Any club, team or association or players or members thereof suspended, disqualified or
                penalised by the association, club or team shall have the right of appeal to the Executive
                subject to any right of appeal which may exist to the Victorian Softball Association or
                any authority for the time being controlling softball in Victoria or any part there of, the
                decision of the Executive shall be final and binding. The Executive shall have the right,
                on any such appeal, to increase or reduce any penalty imposed. The appeal must be
                lodged in writing with the Secretary within 21 working days of the said suspension.
                Where an appeal is lodged any penalties imposed shall be waived until the appeal is
                heard.


    24          DISPUTES

                If a Club, team or associate association or player or member thereof be in dispute with a
                club, team, associate association, player or member, any party to the dispute shall have
                the right to appeal to the Executive. The notice of appeal shall be lodged in writing with
                the Secretary who shall notify the parties of the time and place for hearing the appeal.
                The decision of the Executive on the appeal shall be forthwith notified to the parties.

                Subject to any right of appeal which may exist to the Victorian Softball Association or
                any Authority for the time being controlling Softball in Victoria or any part thereof, the
                decision of the Executive shall be final and binding.


    25.0        PROTESTS

                If during any match played under the control of the Association any protest shall arise
                concerning the playing Rules, the protest shall be dealt with by a panel appointed by the
                Dandenong Softball Umpires Association Inc.




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    26.0        PERMISSION FOR GAMES

    26.1        No club or team registered with the Association nor any team or players selected shall
                arrange or take part in any match or matches with any team or teams within the State of
                Victoria or elsewhere without first obtaining the consent of the Association and the
                affiliated association concerned and the Victorian Softball Association Inc.

    26.2        Any match which is proposed or intended to be played outside the State of Victoria
                shall not have consent granted by the Executive unless the controlling body of softball
                in Victoria and in the state in which the match is proposed or intended has given its
                sanction through the Australian Softball Federation Inc..


    27.0        INTER ASSOCIATION GAMES

    27.1        The Association shall supply balls for all matches played by teams representing the
                Association.

    27.2        In all games arranged by the Association the mode of transport shall be arranged by the
                Executive and members selected shall comply with the requirements of the Executive as
                to transport, accommodation and behaviour.

    27.3        The expenses of any player/s, officials and umpires selected to play in or officiate at
                such matches shall not be the responsibility of the Association unless the Executive
                otherwise determines.


    28.0        DEFUNCT CLUBS

                Clubs who have not fielded any teams for a period of three calendar year shall be
                declared defunct by the General Management Committee and members of such clubs or
                teams will automatically have clearances to a Dandenong Softball Association Inc. club
                of their choice.


    29.0        PLAYING RULES

                All matches shall be played in accordance with the playing rules set down by the
                International Joint Rules Committee and authorised by the Australian Softball
                Federation, subject to such additions, omissions and alterations as shall be agreed upon
                from time to time by the Executive to suit local conditions.




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    30.0        AMATEUR STATUS

                All playing members of the Association shall be amateurs and shall be bound by the
                Rules of amateurism as promulgated by the Federation.

    31.0        NON-PAYMENT OF MONEY DUE TO THE ASSOCIATION

                Any member, club or club team failing to pay its fees, subscriptions, levies or other
                monies properly payable on or before due date shall forfeit its right of representation
                and its team or teams shall be debarred from taking part in any competition the
                Association has authorised and playing members thereof shall be debarred from
                attending any meeting of the Association or Executive until all outstanding monies have
                been paid.

                A penalty of not more than 10 % of the outstanding fees, subscriptions, levies or other
                monies maybe applied to the outstanding amount. This shall be at the discretion of the
                Executive.


    32.0        BY LAWS

                The Association shall have power to adopt By-Laws (not inconsistent with any
                provisions of the embodying Constitution) additional provisions and rules for the
                government of the Association, and to rescind or vary any By-Laws so made. By-Laws
                may be made, rescinded or varied at any meeting of the Association or of the Executive
                provided that seven (7) days notice of motion has been given and that the resolution is
                approved by a majority of those present and entitled to vote. Unless otherwise stated in
                the Resolution, all such By-Laws, decisions or amendments shall become operative
                immediately upon the passing of the resolution.

                Any By-Law or resolution affecting By-Laws made or passed by the Executive shall
                cease to have effect unless confirmed and ratified by resolution of the next meeting of
                the Association (General Management Committee), no notice of motion however being
                required for such resolution.


    33.0        TRANSFER OF PLAYERS - CLEARANCES AND PERMITS

    33.1        Players may transfer from one club, team or Association to another either by way of
                Clearance or Permit.

    33.2        A Clearance is an unconditional transfer, intended to be permanent, from one team in
                this Association to:-

                (a)      another specified team or club in this Association;
                (b)      a specified team or club in another Association.

    33.3        A permit is a conditional transfer, intended to be temporary, for such period as may be
                specified therein and subject to such restrictions and conditions as may be specified
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                therein and may be revoked at any time if detrimental to the Association. A Permit can
                be granted to a specified team or club in another Association in Victoria or Australia.
                This system of Clearances and Permits shall operate as per the rules of the Victorian
                Softball Association Inc. unless specifically addressed in section 33 of this constitution
                or the relevant by law.

    33.4        Forms and Procedures

                Clearance or permit forms shall be obtained from the Association Secretary, shall be
                signed by the member, dealt with by the club/team to which it is addressed, and whether
                granted or refused be returned to the member within fourteen (14) days of receipt by the
                club/team. The Association has an additional fourteen (14) days, from the date of
                receipt of the form from the member, to complete the process. The Executive shall have
                the power to call on the office bearers of a team or club to show cause why a clearance
                or permit has been refused and if the office bearers do not reply, showing cause, the
                Executive shall have power to deal with the application. The Executive may request
                additional information from the member to support their application.

    33.5        Right of Appeal

                (a)      If a club or team refuses a clearance or permit the member concerned shall have
                         the right of appeal to the Executive of that club/team which must be held within
                         fourteen (14) days from receipt of the appeal. If the Executive of the club
                         refuses the appeal, the member shall have the right of appeal to the Association
                         Executive which also must consider the appeal within a fourteen (14) day period
                         from receipt of the appeal.. If in the case of the Association Executive refusing
                         the clearance or permit the member shall have the right of appeal to an
                         independent appeal panel established for the purpose of the appeal. The decision
                         of this panel shall be final once ratified by the Executive.

                (b)      No appeal shall be considered by the Executive if it is contested on the grounds
                         of monies or materials owing to the club/team and such is provided.

                (c)      If the Association refuses a clearance or permit, the member shall have the right
                         of appeal to the Victorian Softball Association or any higher body controlling
                         softball in Victoria at that time.

    33.6        On the expiration of the period of a permit, or on any breach of the restrictions or
                conditions specified therein, the player shall automatically be regarded as transferred
                back to the club/team from which the permit was granted.

    33.7        Any player who for a period of not less than three (3) years has not participated in any
                games or trials as a player, coach or team official with his/her club, or with any
                Association Representative Team or other team conducted under the auspices of the
                Association, shall automatically be entitled to a clearance.

                Any player who has not been a financial member of a Club or the Association, as a
                player or official for three years and has paid all outstanding fees and levies shall be
                entitled to a clearance
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    34          RULES IN RELATION TO THE SALE AND CONSUMPTION OF
                LIQUOR

    34.1        No payment of any amount shall be made to an officer or servant of the Association by
                way of commission or allowance from the receipts of the Association for the sale or
                disposal of liquor

    34.2        No person will be supplied with liquor in the Associations premises unless the visitor is
                a guest in the company of a member of the Association.

    34.3        No person shall be admitted as an honary member of the Association or shall be exempt
                from the obligation to pay the ordinary subscription for membership of the Association
                unless the person is of a class of membership that is specified in the constitution and
                admission or exception is in accordance with the rules.

    34.4        All guests must complete the visitor's book for each attendance.




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Dandenong Softball Association Inc. Constitution Revision 1.3 - December 02 - 2002   Printed   11/1/2011

				
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