Constitution

THE CONSTITUTION OF THE MOUNT GAMBIER HARNESS RACING CLUB INCORPORATED.

 

The name of the club is the “Mount Gambier Harness Racing Club Incorporated”. The association is situated in Mount Gambier.

The following shall be and are the Rules, Regulations and Objects of the Club:-

1.       RULES, REGULATIONS and OBJECTS of the CLUB

Interpretation or Definition of Terms.

In these regulations, if not inconsistent with the context,

  1. “Club” means “The Mount Gambier Harness Racing Club Incorporated”.
  2. “Committee” means the Committee of Management of the Club.
  3. “Member” means a financial member of the Club.
  4. “The Act” means the Associations Incorporation Act 1985.
  5. “The Regulations” mean the Associations Incorporation Regulations 1993.
  6. The masculine gender includes the female gender and vice versa.
  7. The singular shall include the plural and vice versa.
  8. “Writing” shall include printing, typewriting, or other substitutes for writing.

2.       OBJECTS and PURPOSE

The objects and purpose of the Club shall be:

  1. To conduct, hold, and promote races for harness racing with or without stakes.
  2. To lay out and prepare, maintain and keep tracks and courses for harness racing and training.
  3. To layout, prepare, maintain and keep any such grounds for the purpose of any kind of sport, amusement, recreation, or entertainment, so that the same may be profitably turned to account when not being used for harness racing.
  4. To erect grand or other stands, totalisators, horse stabling, boxes, stalls, paddocks, refreshment rooms, bars, booths, and other erections, buildings adjuncts, and conveniences (whether of a temporary or permanent nature) of whatsoever kind or nature which in the opinion of the Club may add to the convenience or comfort of persons attending any race meetings, or any sport, amusement, recreation, or entertainment, and whether such persons are members of the Club, competitors, or assistants, or members of the public.
  5. To improve the breed of harness race horses, and to take such steps as may be deemed necessary to carry out these objects.
  6. To take up alone, or in conjunction with any other person or bodies, any movement having as its object the improvement of the quality of any classes, or all classes of horses and ponies.
  7. To conduct tests either between two or more horses or of individual horses.
  8. To purchase, take, or lease, or in exchange, hire or otherwise acquire any real and personal property, and any rights or privileges which the Club may think necessary or convenient for any of the purposes aforesaid.
  9. To conduct and maintain totalisators.
  10. To erect and maintain offices and accommodation for the committee, officials, and/or members of the Club.
  11. To erect and maintain buildings and premises to be used as a social club – whether licensed or not – for the meeting of members and/or of other persons interested in harness racing and to conduct and carry on such a club.
  12. To improve, manage, develop, exchange, lease, Mortgage, dispose of, turn to account or otherwise deal with all or any part of the real and personal property of the Club, and in particular to lay out any land and/or buildings of which the Club is owner or over which it has any control, so that the same may be used for all or any other of the purposes aforesaid.
  13. To cater for and provide (whether by means of the Club itself, or Club members themselves, or by permission or licence granted to other persons or bodies) all refreshments, matters and things which are usually provided and available on race courses for the comfort and convenience of members, competitors, or assistants, or members of the public, and for such purposes to carry on the business of caterers, refreshment purveyors, and licensed victuallers, and to obtain and hold all licenses necessary for all or any such purposes.
  14. To promote the establishment of Harness Racing Clubs in South Australia, and to pay monies to aid such clubs and bodies, and/or to guarantee the repayment of monies advanced or to be advanced to any such club.
  15. To do all such other things as are incidental or conducive to the attainment of its objects.

 

3.       POWERS

  1. To borrow or raise or secure the payment of money in such manner as the Club thinks fit, and in particular by the issue of debentures or debenture stock, charged upon all or any of the Club’s property, both present and future, and to purchase, redeem, or pay off any such debentures.
  2. To draw, make, accept, endorse, discount, and issue promissory notes and bills of exchange.
  3. To enter into and bind all or any part of the assets and undertakings of the Club by guarantees, indemnities, or similar obligations in any cases where it is thought that the objects of the Club can be more fully realized or attained by such obligations.
  4. To sell and dispose of any or all of the real and personal property of the Club for such consideration as the Club may think fit.
  5. To make contributions, subsidies, or donations to any Harness Racing Club and/or for or towards any Harness Racing event or prize in South Australia.
  6. To invest and deal with the monies of the Club not immediately required in such manner as may from time to time be determined.
  7. To establish and support or aid in the establishment and support of any association, society, fund, or movement in South Australia which is calculated to benefit the sport of harness racing. Also to grant allowances and to subscribe to or guarantee money for any patriotic, charitable, or benevolent object.
  8. To establish or subsidise and support provident funds for distressed drivers, riders, and trainers.
  9. To pay or contribute towards any fund for the payment of premiums for insurances against loss, injury, or damage to, or the illness or death of drivers, riders, trainers, and/or employees of the Club.
  10. The income and property of the Club shall be applied solely to the promotion of its objects and no part there of shall be transferred, directly or indirectly by way of dividend, bonus, or otherwise by way of pecuniary profit to the members. Provided that remuneration may be made in good faith to any officers, servants or members of the Club, in return for services actually rendered to the Club.

 

4.     MEMBERSHIP

  1. The Club shall consist of all persons who have been duly elected members, and who have duly paid their subscriptions pursuant to the Rules and Regulations of the Club.
  2. Life Members.
    A general meeting may on the recommendation of the committee, but not otherwise, resolve that life membership shall be conferred on any member who has rendered specially valuable services to the Club, and such member shall there upon be deemed to have paid, in advance, all his future subscriptions but shall be subject to all other duties and liabilities of any ordinary member.
    A surviving partner of a life member shall be granted Honorary Membership.
  3. Honorary Members.
    i. The committee may elect as honorary members of the Club such persons as it may from time to time think fit.
    ii. Honorary members elected under the fore going rule shall pay no subscription, and may be elected for such period as the committee thinks fit.
    iii. The committee may at any time and without any reason cancel the election of any honorary member, and there upon they shall cease to be an honorary member.
    iv. Honorary members shall not hold any office nor vote at any election or meetings of the Club, nor be present at any such meetings, nor have any right, title, or interest in or to any of the property of the Club, nor propose or second any candidate for admission as a member or honorary member. Except as afore said, honorary members shall be accorded all the privileges enjoyed by members.

 

5. REGISTER OF MEMBERS

The secretary shall keep a register of members in which shall appear the name and address  of each member, and shall distinguish there in between life members, honorary members, and members paying an annual subscription.
The register shall be conclusive evidence of whether a person is or is not a member or a life member, and no entry in the register shall be altered except by order of the

 

6. SUBSCRIPTIONS

The annual subscription shall be fixed at each Annual General Meeting and be payable to the secretary.
Each member shall be entitled to a ticket or token admitting them to all harness racing meetings of the Club.

 

7. NON PAYING MEMBERS TO LOSE PRIVILEGES

If any member neglects to pay his subscription when due, the secretary shall send a notice to him or his agent, or to his last known place of abode; and if the subscription is not paid before the next following harness racing meeting of the Club, his name may by resolution of the committee be erased from the register of members.

 

8. RETIRING MEMBERS TO FORFEIT RIGHTS

All persons ceasing to be members of the Club, whether by retirement or by expulsion, death, neglecting to pay the annual subscription, or otherwise shall forfeit ipso facto all right to or claim upon the Club or its property.

 

9. DISQUALIFICATION FORFEITS MEMBERSHIP

Any member who shall be disqualified under the rules of Harness Racing, or by the Committee of the Club, or whose disqualification by the stewards or committee of any recognized Harness Racing Club or sporting body shall have adopted by South Australian Harness Racing Board shall upon such disqualification or adoption ipso facto cease to be a member of the Club.

 

10. EXPULSION OF MEMBERS

The committee shall have the power to suspend or expel any member:-

a)     Who shall become bankrupt or insolvent or make an assignment for the benefit of his creditors or compound or arrange with his creditors, or

b)    Who shall fail in the observance or commit any breach of any rule of the club or any by-law of the committee or racing rule or any other order or direction of the committee or any general meeting, or

c)     Who shall be convicted of any criminal offence, or

d)    Who shall in the sole and absolute judgement and discretion of the committee have been guilty of any act, practice, conduct, matter or thing calculated to bring discredit on the Club or its members or on the sport of harness racing, or to impair or affect the enjoyment of the Club by the other members.

e)     Who is proved to the satisfaction of the committee to have made a default in payment of any stake or bet.

The committee may suspend or expel any such members on proof to its satisfaction of the events or any of them above mentioned.

In the event of the committee acting under the preceding rule, the following shall be the mode of procedure:

i)      A charge shall be laid against the member complained of. Charges by or on behalf of the committee shall be laid by the secretary.

ii)     The committee shall then cause a notice to be sent by registered letter to the member complained against to attend before the committee to answer the charge, and also the accuser (if any), and the secretary must, on application by either party, send a notice to any other member to appear and give evidence, provided that such application  be made three clear days before the date of the hearing of such charge. Seven days notice must be given of such hearing. Should either of the two parties fail to attend, the committee may take evidence and decide the case as if all parties had been present.

iii)     If after hearing the evidence the committee shall be of the opinion that the charge is sustained, they shall inflict such penalty as they shall think fit, either by expulsion forth with or by suspension from the privileges of membership for a certain time not exceeding three months, which suspension the committee shall be empowered to extend from time to time, and by expulsion at the determination of the suspension, and shall there upon cause notice of such penalty to be sent to the member charged. In case of expulsion the name of the said members shall be erased from the list of members.

f)     If and whenever the secretary reports to the committee that a member has been disqualified under the Rules of Racing the committee shall at once suspend such member until such disqualification has ceased to operate, provided that if a member is disqualified for life, or for more than two years, the committee may at any time after the expiration of two years from the date of disqualification remove such suspension if satisfied that having regard to all the circumstances the member is sufficiently punished by the penalties which are attached to disqualification by the Rules of Racing.

The committee may on the application of the suspended member remove any suspension which was in the committee’s opinion, based on an improper report.

 

COMMITTEE AND OFFICERS

 

11.    CONSTITUTION OF COMMITTEE.

The business and affairs of the Club shall be managed by a committee consisting of not less than nine nor more than fifteen members of the Club.

 

12.   

i)   The committee shall be elected at the Annual General Meeting of the Club.

At each Annual General Meeting of the Club one third of the members of the Committee for the preceding twelve months shall retire from office. The members to retire shall be those who have been longest in office i.e. three years, or those who have been elected to fill a vacancy created by resignation for that period.

ii)  A retiring member of the committee shall be eligible for re-election.

No person shall be eligible for election to the Committee unless he is a member of the Club and unless all subscription or other moneys due and payable by him to the Club at the date of nomination for such election shall have been paid at such date.
An officer who ceases to be a member shall ipso facto vacate his office.

No member shall be eligible for election to the Committee unless he shall have been a member of the Club for at least one year prior to the date of his nomination for office.

iii)  The names of all members proposed, or submitting themselves for election, as members of the Committee, shall be stated in writing, signed by two members and shall be forwarded to the secretary of the Club at least twenty one clear days before the Annual General Meeting.

iv)  Should an insufficient number of members offer themselves for election, any remaining vacancies shall be filled up at such meeting.

 

13.    METHOD OF BALLOTING

If there are more candidates nominated for election than there are vacancies, the election shall be by ballot as follows:-

  1. Each member shall be entitled to one vote.
  2. Each corporate member shall be entitled to one vote or by proxy of an appointed officer representing the body corporate.
  3. The election shall be by show of hands, or
  4. If required by three or more members, then ballot in writing can be summoned. Two scrutineers shall be appointed by the President.

The Committee shall from time to time make such rules consistent with these regulations as it shall think necessary for taking such ballot.

 

OFFICIALS

 

14.    PRESIDENT AND VICE PRESIDENT

The members of the Committee elected shall elect a President and Vice President of the Committee.

 

15.    EXECUTIVE COMMITTEE

The executive committee shall comprise of the President, Vice President, Secretary and one member from the committee.

The executive committee shall have the power of committee to transact emergency business on behalf of the Club. Any two executive members may make emergency decisions on behalf of the Club.

 

16.    SECRETARY

The committee shall appoint a Secretary.

It shall be the duty of the secretary to keep full and accurate accounts of all sums of money received and expended on account of the Club; to make full and accurate minutes in the books of proceedings of all general, special and committee meetings; to give all notice of special and general meetings and propositions to be brought before them, as also notice of committee meetings, and subject to the directions of the committee, to make all disbursements of the funds of the Club by cheque or other means to be drawn upon the bank at which the Club account is kept; to obtain receipts or discharges for the same; to keep an official register and record therein all matters required to be recorded by the Rules of Harness Racing; and to carry out the instructions of the Committee. The secretary shall present to each Annual General Meeting an audited statement of income and expenditure and a balance sheet of the Club.

 

17.    OTHER OFFICIALS

The Committee shall appoint all other officials necessary for the conduct of the Business of the Club.

 

18.    NON ATTENDANCE OF COMMITTEE PERSONS

Any member of the Committee absenting themselves from three consecutive meetings thereof without having obtained leave in writing shall cease to be a member of such committee.

 

19.    CASUAL VACANCIES IN OFFICE OF PRESIDENT, VICE  PRESIDENT OR COMMITTEE.

If and whenever a casual vacancy in the offices of President and Vice President or on the Committee shall occur, such vacancy shall be filled up by the committee, and the member or members so appointed shall hold office until the next ensuing Annual General Meeting.

 

20.    AUDITOR

At the Annual General Meeting of the Club members shall elect an auditor or auditors.

 

21.    SIGNING OFFICIALS

All cheques and orders for payment shall be signed on behalf of the Club by any such two persons as the Committee shall appoint.

 

22.    BANKERS AND SERVANTS – APPOINTMENTS AND DISMISSAL

The Committee shall have the appointment of the bankers and of all officers and servants of the Club and shall allow such salaries, allowances and recompense to such officers and servants respectively during their service or employment as the Committee shall from time to time think fit.

 

PROCEEDINGS AND POWER OF COMMITTEE

 

23.    CONTRACTS

The committee shall have power to enter into such contracts on behalf of the Club as the Committee may consider advisable, including contracts for the purchase, sale or investments, or exchange of land or other property, or the leasing thereof, and may enter into any such contract with a member of the Club, notwithstanding the provisions of any other rule thereof.

24.    DISPOSAL OF FUNDS

The Committee shall at all times have the power to dispose of the funds of the Club in accordance with these Rules and Regulations and as it may deem best for carrying out the objects of the Club.

25.    MEETINGS OF COMMITTEE

Meetings of the Committee of the Club shall be held at dates as fixed by the Committee. The meetings shall be held at no less than monthly, unless specifically agreed by members of committee that such meetings are not required.

Special meetings of the Committee may be called at any time by the President, upon receipt of a requisition signed by at least two members of committee, or at any time by agreement of two members of the executive if they consider that urgent business needs attention.

 

26.    COMMITTEE MEETING QUORUM

Five members of committee shall form a quorum.

 

27.    RULES GOVERNING COMMITTEE MEETINGS

The Committee shall have power from time to time to make, alter, amend, and repeal rules not inconsistent with these Regulations, for regulating its own proceedings. These Rules shall be kept up to date, and recorded, and kept in such place as the Committee shall appoint.

 

28.    MEETING VOTING

Except where otherwise in these rules expressly provided, all questions at any meeting of the Committee shall be determined by a majority of the votes of the members present. The Chairperson of the meeting shall have a deliberative vote only. In the event of a motion not being carried, it shall be deemed to be lost.

  

29.    MEETING NOTICE

Notice shall be given of every meeting of the committee to every member thereof.

The following notice shall be deemed to be compliance with this rule –

  1. A letter posted to the Committee member’s last known address so that in the normal course of the post it will be delivered to him 5 clear days before the meeting, or,
  2. By verbal means at least 5 clear days before the meeting.

 

30.    MEETING PRESIDING OFFICER

Every meeting of the Committee shall be presided over by the President, or the Vice President, but in the absence of these, members present shall choose a chairperson of such meeting.

 

31.    COMMITTEE MINIMUM

The committee shall not act, except to fill vacancies, when its number is reduced below nine.

 

32.    REMOVAL OF COMMITTEE PERSON

The Club in a Special General Meeting may by a special resolution remove any committee person before the expiration of his period of office and may appoint another person in their stead. A special resolution means one which has been passed by a majority of two thirds of the members present in person and voting on the resolution.

33. COMMITTEE BEHAVIOUR

In the event of any member of the committee behaving in an offensive or indecorous manner or refusing to obey the rulings of the President or Chairperson, they shall, on a vote being taken and agreed to, be suspended for such time as may be agreed upon or until a decision of the members of the Club is arrived at in accordance with Rule 37.

34.    BY-LAWS

The Committee shall have the power to make By-Laws –

a)     Determining the terms and conditions on which

i)  Members and honorary members,

ii) Competitors and assistants, and

iii) Bookmakers.

Shall be allowed to be and remain on to have access to any property of the Club, or any race meeting conducted by the Club, or to enjoy privileges (if any) of the Club.

b)     Determining the terms and conditions on which totalizators (or TAB agencies) shall be allowed to be or be operated on any property of the Club or at any race meeting of the Club.

c)     Fixing fees to be paid for any matter or thing mentioned in a By-Law.

d)     And generally for the management, good order, and conduct of the Club and its members.

The committee may from time to time alter, amend, repeal or add to such By-Laws.

A copy (written or printed) of a By-Law or By-Laws signed by the Secretary of the Club and having affixed to it the common seal of the Club shall be conclusive evidence thereof.

A book containing the By-Laws, and Racing Rules shall be kept in such place as the Committee shall appoint.

 

35.    FINANCIAL YEAR

The financial year of the Club shall end on the 30th day of June each year.

 

MEETINGS OF MEMBERS

 

36.    ANNUAL MEETING

The Annual General Meeting of the Club shall be held no later than the last day of August in each year for the purpose of electing members of the Committee, discussing the general business of the Club, and receiving from the Committee a report on the general concerns of the Club, together with a Profit and Loss Account for the year ending on the 30th day of June preceding and a Balance Sheet at such date.

 

37.     SPECIAL MEETINGS

The Committee may call a Special Meeting of the members of the Club whenever it may think fit, and shall call a Special Meeting not earlier than fourteen days nor later than twenty eight days after the receipt of a written requisition signed by not less than one tenth of the members of the Club, specifying the object of the meeting required, to which object alone the discussion shall be confined.

 

38.    QUORUM

At the General or any Special meeting ten members must be present to constitute a quorum before proceeding to business, but should there not be a quorum, the members present may, at the expiration of half an hour from the time appointed for assembling, adjourn the meeting. In the event of there not being sufficient members present at the expiration of the said half hour, the meeting shall be considered as adjourned for one week.

The Executive may direct that a Notice of Adjournment be issued in such manner as the Executive thinks appropriate.

 

39.    PRESIDENT TO PRESIDE

The President, or in his absence the Vice President, or in the absence of both, some member of the committee, or in the absence of a member of the committee some member to be elected by the meeting, shall preside at the General or any Special Meeting.

40.     METHOD OF VOTING

All propositions at any General or Special Meeting shall, unless a poll be demanded as hereinafter provided, be decided by a show of hands.

If required by three or more members, then a ballot in writing can be summoned. Two scrutineers shall be appointed by the President.

41.    MINUTES

Proper minutes of all proceedings of meetings shall be entered within one month after the relevant meeting in minute books kept for that purpose.

The minutes kept pursuant to this rule shall be signed by the Chairperson of the meeting at which the proceedings took place or by the Chairperson of the next succeeding meeting.

Where minutes are entered and signed they shall until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid.

 

42.    COMMON SEAL

The Committee shall provide a Common Seal inscribed as required by “The Associations Incorporation Act” and shall provide for the safe custody thereof. There shall be three seal holders, who shall be the President and Secretary for the time being in office, and Public Officer who is appointed by the Committee. The seal shall not be affixed to any deed, instrument or document except under and by virtue of a resolution of the committee, who shall attest every instrument or document and shall be signed by two seal holders at least.

 

43.    PROXIES

A member shall be entitled to appoint in writing a natural person who is also a member of the Club to be their proxy, and attend and vote at any meeting of the Club.

 

44.    WINDING UP

The Club may be wound up in the manner provided for in the Act.

 

45.    ALTERATIONS OF REGULATIONS

These rules or any of them may be amended, added to or repealed at any General Meeting of members of which not less than fourteen days’ notice has been given to members specifying the terms of the proposed amendment or addition or of the  rule proposed to be repealed.

Any resolution must be passed by a majority of two thirds of the members present in person and voting on the resolution.

 

RULES AND REGULATIONS – MOUNT GAMBIER HARNESS RACING CLUB INCORPORATED

 

  1. Definitions of Terms
  2. Objects and Purpose
  3. Powers
  4. Membership
  5. Register of members
  6. Subscriptions
  7. Non Paying Members to lose privileges
  8. Retiring Members to forfeit rights
  9. Disqualification forfeits membership
  10. Expulsion of members

Committee and Officers

  1. Constitution of Committee
  2. Election of Committee
  3. Method of Balloting

Officials

  1. President and Vice President
  2. Executive Committee
  3. Secretary
  4. Other Officials
  5. Non Attendance
  6. Casual Vacancies
  7. Auditor
  8. Signing Officials
  9. Bankers

Proceedings and Powers of Committee

  1. Contracts
  2. Disposal of Funds
  3. Meetings of Committee
  4. Committee Meeting Quorum
  5. Rules Governing Committee Meetings
  6. Voting
  7. Notice
  8. Presiding Officer
  9. Minimum Number
  10. Removal of Committee person
  11. Committee Behaviour
  12. By-Laws
  13. Financial Year

Meetings of Members

  1. Annual Meeting
  2. Special Meeting
  3. Quorum
  4. President to Preside
  5. Method of Voting
  6. Minutes
  7. Common Seal
  8. Proxies
  9. Winding Up
  10. Alteration of Regulations
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