BAYSIDE REGIONAL TENNIS
Registered Number A0040463W
name of the incorporated association is Bayside Regional Tennis
Association Incorporated (in these rules called 'the Association')
The purposes for which the incorporated association has been
To promote, encourage, control and advance the game of Tennis
within the area of the Associations activities, and for such purpose
to co-ordinate the activities of its members;
To arrange, manage and/or sanction tournaments and competitions
between its members and to regulate all related matters;
To select district tennis teams and to provide for their proper
To delegate the management and conduct of any competition to any
member or body;
To organise and control coaching for members of clubs which are
members of the Association;
To arbitrate and settle disputes between members;
To purchase, take on, lease or in exchange, hire or otherwise
acquire, any real or personal property or any estate or interest
therein, or any rights or privileges relating thereto which may be
requisite for purposes of, or capable of being conveniently used in
connection with any of the purposes of the Association;
To borrow raise or administer money in such manner as the
Association thinks fit and to secure the same or the repayment or
performance of any debt, liability contract or guarantee or other
engagement incurred or to be entered into by the Association in any way
and in particular by the issue of debentures perpetual or otherwise
charged upon any of the property (both present and future) of the
Association and to purchase, redeem or pay off any such securities;
To lend and advance money or give credit whether secured or not
to any member and to guarantee and give guarantees or indemnities for
the payment of money or the performance of contracts or obligations by
To devote the profit or other income of the Association for
promotion of the game of Tennis and carrying out or giving effect to
these purposes or any of them;
To carry out and further all or any of the purposes herein before
specified either alone or in partnership or by way of joint venture with
any person, association, trust, corporation, firm, institution,
government, instrumentality of government, municipal authority or other
In these rules unless the contrary intention appears:
'Act' means the
Associations Incorporation Reform Act 2012, and includes any regulations
made under that Act;
a tennis club applying for membership in accordance with Rule 4.2.
'Committee' means the
Committee of Management of the Association;
those tennis competitions as may be organised by the Association from
time to time and includes all tournaments;
'Financial year' means
the year ending on 31 March;
books, cards or electronic documents setting out:
match fixtures for the
the location of Member
relevant contacts for each
Member Club; and
details of relevant by-laws.
'General Meeting' means
a general meeting of one delegate from each Member Club, Life Members,
and other persons as elected to the committee convened in accordance
with Rules 12 and 13;
'Member Club' means a
tennis club which is a member of the Association;
'Minute book' means
the book kept by the Secretary in accordance with Rule 24;
'Ordinary Member of the
a member of the Committee who is not an officer of the Association under
'Record Secretary' means
an officer of the Association who administers the results of
the register of members kept by the Secretary in accordance with Rule 8;
the Registrar of Incorporated Associations;
Regulations under the Act;
the person who holds office under these Rules as Secretary of the
'Bayside Regional' means
suburbs on the south and east of Port Phillip Bay as determined by the
'Team Entry Subscription
any subscription fee required to be paid to the Association in respect
of an applicant's or Member Club's team entries in each Competition as
determined by the Committee;
'Tournament Entry Fee' means
a fee required to be paid to the Association in respect of an entry in a
tournament organised by the Association.
Words or expressions contained in these Rules shall be
interpreted in accordance with the provisions of the Interpretation of
the Legislation Act 1984 and the Act as in force from time to time.
In these rules unless the context otherwise requires:
words importing the singular number include the plural number and
a reference to a Section or Schedule of the Act or Regulations is
a reference to that present provision as amended, renumbered, or
re-enacted from time to time;
a heading of clause is deemed to be part of that clause; and
a reference to a clause or sub-clause is a reference to a clause
or sub clause of these Rules.
APPLICATION FOR MEMBERSHIP
clubs whose courts are situated within the Bayside Regional area, or are
invited by the Committee to make application for
membership, are eligible for membership of the Association.
A Tennis Club satisfying the eligibility requirements for
membership of the Association set out in clause 4.1 may make an
application for membership to the Secretary in the form set out in
As soon as is practicable after the receipt of an application,
the Secretary shall refer the application to the Committee.
Upon an application being referred to the Committee, the
Committee shall determine whether to approve or reject the application.
Upon an application being approved by the Committee, the
Secretary shall notify the Applicant in writing of the approval.
Upon receipt of the Team Entry Subscription Fee payable by the
Applicant, the Secretary shall enter the Applicant's name in the
Upon being entered in the Register, the Applicant shall become a
member of the Association and entitled to the privileges of membership
for the ensuing 12 months.
RIGHTS OF MEMBERS
A member of the Association who is entitled to vote has the
to receive notice of general meetings and of proposed special
resolutions in the manner and time prescribed by these Rules; and
to submit items of business for consideration at a general
to attend and be heard at general meetings; and
to vote at a general meeting; and
to have access to the minutes of general meetings and other
documents of the Association as provided under Rule 33; and
to inspect the register of members.
5.2 A right, privilege or obligation of a Member Club, by reason of
its membership with the Association:
is not capable of being transferred or transmitted to another
person or club;
terminates upon the cessation of its membership whether by
resignation or otherwise.
HONORARY LIFE MEMBERS
The Association may, by a three quarter majority in General
Meeting and subject to this clause, elect any person whom it considers
to have rendered special service to the Association or to the game of
tennis as an honorary life member of the Association.
Life members shall be members of the Association and shall have
the right to attend and vote at general meetings of the
Association, but shall not be required to pay any Team Entry
Subscription Fee or other fees.
Nominations for life membership must be received by the Secretary
from Member Clubs not less that 28 days prior to the annual general
meeting and the Secretary shall include notice of such nominations in
the notice convening the annual general meeting.
Not more than one life member may be elected at any one annual
Life Members of the former Caulfield Carrum and Southern
Districts Tennis Associations are deemed to be Life Members of the
TEAM ENTRY SUBSCRIPTION FEE AND TOURNAMENT ENTRY FEE
The Team Entry Subscription Fee shall be determined by the
Committee, and shall entitle each Member Club to Fixtures relevant to
the competition in which
The Tournament Entry Fee shall be determined by the Committee at
least 28 days prior to a tournament.
All subscriptions and any fines imposed by the Committee on a
Member Club are a debt to the Association and must be paid to the
Treasurer within 30 days of becoming due. Failure to pay the debt within
that time shall, at the discretion of the Committee, make the Member
Club liable to a penalty or to suspension from the Competition during
the period in which such amount remains unpaid.
REGISTER OF MEMBERS
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 Secretary.
RESIGNATION OF MEMBER CLUBS
A Member Club resigns from the Association where:
the Member Club fails to enter a team in any competitions for a
continuous period of 12 months;
the Member Club withdraws its team for a continuous period of 12
the Member Club gives
notice to the Secretary of its intention to resign from the Association.
Notwithstanding clauses (a) and (b) as above, a Member Club, not
participating in the competition, may elect to retain the rights and
privileges of membership on payment of an annual fee as determined by
Upon resignation by a Member club, it shall cease to be a member
of the Association after the expiration of one month from the date of
The Secretary shall make entries in the Register recording the
date that a Member Club ceases to be a member.
DISCIPLINE OF MEMBERS
Subject to these Rules, the Committee may by resolution:
expel a member from the Association;
suspend a member from membership of the Association for a
specified period; or
fine a member in accordance with the Regulations, if the
Committee is of the opinion that the member, or any of its members:
has refused or neglected to
comply with the rules; or
has been guilty of conduct
unbecoming to a member or prejudicial to the interest of the
Where the Committee passes a resolution under clause 10. 1, the
Secretary shall, as soon as practicable, cause to be served on the
member a notice:
setting out the resolution of the Committee and the grounds on
which it is based; and
informing the member that it may lodge with the Secretary a
notice to the effect that it wishes to appeal to the Association in
General Meeting against the resolution.
Where a notice is lodged with the Secretary pursuant to
sub-clause 10.2(b), the Secretary shall notify the Committee and the
Committee shall convene a General Meeting of the Association to be held
within 21 days after the date on which the Secretary received the
At a General Meeting of the Association convened under clause
no business other than the
question of the appeal shall be transacted;
the Committee may place
before the meeting details of the grounds for the resolution and the
reasons for the passing of the resolution;
the member shall be given
an opportunity to be heard; and
the members present shall vote by secret ballot on the question
of whether the resolution should be confirmed or revoked.
If at a General Meeting:
two-thirds of the members present vote in favour of the
resolution the resolution is confirmed; and
in any other case, the resolution is revoked.
DISPUTES AND MEDIATION
The grievance procedure set out in this rule applies to disputes
under these Rules between:
a member and another member; or
a member and the Association.
The parties to the dispute must meet and discuss the matter in
dispute, and, if possible, resolve the dispute within 14 days after the
dispute comes to the attention of all of the parties.
If the parties are unable to resolve the dispute at the meeting,
or if a party fails to attend that meeting, then the parties must,
within 10 days, hold a meeting in the presence of a mediator.
The mediator must be:
a person chosen by agreement between the parties: or
in the absence of agreement
in the case of a dispute between a member and another member, a
person appointed by the committee of the Association; or
in the case of a dispute between a member and the Association, a
person who is a mediator appointed or employed by the Dispute Settlement
Centre of Victoria.
A member of the Association can be a mediator.
The mediator cannot be a member who is a party to the dispute.
The parties to the dispute must, in good faith, attempt to settle
the dispute by mediation.
The mediator, in conducting the mediation, must:
give the parties to the mediation process every opportunity to be
allow due consideration by all parties of any written statement
submitted by any party; and
ensure that natural justice is accorded to the parties to the
dispute throughout the mediation process.
The mediator must not determine the dispute.
If the mediation process does not result in the dispute being
resolved, the parties may seek to resolve the dispute in accordance with
the Act or otherwise at law.
ANNUAL GENERAL MEETING
The Association shall in each calendar year convene an annual
general meeting of its members.
The annual general meeting shall be held during the month of May
on a day determined by the Committee.
The annual general meeting shall be specified as such in the
notice convening it.
The ordinary business of the annual general meeting shall be:
to confirm the minutes of the last preceding annual general
meeting and of any General Meeting held since that meeting;
to receive from the Secretary a report of the Association's
activities over the last preceding year;
to receive and consider the statement submitted by the
Association to members detailing its:
income and expenditure
during the last financial year;
the assets and liabilities
at the end of the last financial year;
any mortgages, charges or
securities of any description affecting any property of the incorporated
association at the end of its last financial year; and
if the Association was a
trustee of any trust during part or all of the last financial year,
those details set out in (i) - (iii) above in respect of each of those
to elect officers of the Association and the Ordinary Members of
to consider such other business as may be brought forward at an
annual general meeting.
The annual general meeting may transact special business of which
notice is given in accordance with these rules.
The annual general meeting shall be in addition to any other
General Meeting that may be held in the same year.
SPECIAL GENERAL MEETINGS
All General Meetings other than the annual general meeting shall
be called special general meetings.
The Committee may, whenever it thinks fit, convene a special
general meeting of the Association and where, but for this rule, more
that 15 months would lapse between annual general meetings, shall
convene a special general meeting before the expiration of the period.
The Committee shall, on the requisition in writing of members
representing not less than 5% of the total number of members, convene a
special general meeting of the Association.
The requisition for a special general meeting shall state the
objects of the meeting and shall be signed by all of the members making
the requisition and be sent to the Secretary and may consist of several
documents in a like form, each signed by one or more of the members
making the requisition.
If the Committee does not cause a special general meeting to be
held within 1 month after the date on which the requisition is sent to
the address of the Secretary, the members making the requisition, or any
of them, may convene a special general meeting to be held not later than
3 months after that date.
A special general meeting convened by members in pursuance of
these rules shall be convened in the same manner as nearly as possible
as that in which those meetings are convened by the Committee and all
reasonable expenses incurred in convening the meeting shall be refunded
by the Association to the person incurring the expenses.
NOTICE OF MEETING
The Secretary of the Association shall, at least 14 days or, if a
special resolution has been proposed, at least 21 days before the day
fixed for holding a General Meeting of the Association, cause to be sent
to each member at the address appearing in the Register, a notice by
prepaid post or electronic mail, stating the place, date and time for
the meeting and the nature of the business to be transacted at the
No business other then that set out in the notice convening a
meeting shall be transacted at the meeting.
A member desiring to bring any business before a meeting may give
notice of that business in writing to the Secretary, who shall include
that business in the notice calling the next General Meeting.
PROCEEDINGS AT MEETINGS
All business that is transacted at a special general meeting and
all business that is transacted at the annual general meeting other than
ordinary business of the annual general meeting shall be deemed to be
No item of business shall be transacted at a General Meeting
unless a quorum of members is present during the time when the meeting
is considering that item.
Delegates of 50% of Member Clubs present (being Member Clubs
entitled under these rules to vote at a General Meeting) constitute a
quorum for the transaction of the business of a General Meeting.
If a quorum is not present within half an hour from the time
appointed for a General Meeting:
Where the meeting was convened upon the requisition of members -
the meeting shall be dissolved; or
in any other case:
the meeting stands adjourned to such day, and at such time and
place, as the Chairman determines, or, if no determination is made by
the Chairman, to the same day in the next week at the same time and
if at the adjourned meeting a quorum is not present within half
an hour from the time appointed for the meeting:
delegates of three Member Clubs constitute a quorum; or
where delegates of three Member Clubs are not present - the
meeting shall be dissolved.
The Committee may, at its discretion, fine any Member Club
unrepresented at any General Meeting of the Association.
CHAIRMAN AT MEETINGS
The President, or in his absence a Vice President, shall preside
as chairman at each General Meeting of the Association.
If the President and the vice Presidents are absent from a
General Meeting, the members present shall elect one of their number to
preside as the Chairman at the meeting.
ADJOURNMENT OF MEETINGS
The Chairman of a General Meeting at which a quorum is present
may, with the consent of the meeting, adjourn the meeting to another
time at the same place or at another place, but no business shall be
transacted at an adjourned meeting other than the business left
unfinished at the meeting at which the adjournment took place.
Where a meeting is adjourned for 14 days or more, notice of that
adjourned meeting shall be given in the manner prescribed by rule 14 for
a General Meeting.
Except as provided in Rules 17.1 and 17.2, it is not necessary to
give notice of an adjournment or of the business to be transacted at an
A question arising at a General Meeting of the Association shall
be determined on a show of hands unless a poll is demanded in accordance
with clause 18.7.
A declaration by the Chairman as to whether a resolution has been
carried or lost and an entry to that effect in the Minute Book is
evidence of the result of that resolution.
Upon any question arising at a General Meeting of the
Association, each member is entitled to one vote unless that member has
been suspended from the Association by the Committee pursuant to the
powers given in rule 10 in which case the member shall not be entitled
to vote during the period of suspension.
Each Member Club entitled to a vote under Rule 4.7 shall appoint
one delegate to vote on behalf of that Member club at General Meetings
of the Association.
All votes shall be given personally by members. There shall be no
voting by proxy.
In the case of equality of votes, the Chairman of the meeting is
entitled to exercise a casting vote.
Where a poll is demanded at a meeting by not less than 5
delegates of Member Clubs, it shall be taken at that meeting in such
manner as the Chairman directs and the resolution of the poll shall be
deemed to be the resolution of the meeting in the question.
MANAGEMENT OF THE ASSOCIATION
The affairs of the Association shall be managed by a Committee of
Management constituted as provided in Rule 21.
subject to these Rules, the Regulations and the Act, has power to
perform all such acts and things as appear to the Committee to be
essential for the proper management of the business and affairs of the
shall control and manage the business affairs of the Association
which include but are not limited to:
grading of teams and
management of competitions
registration of players -
the Committee shall have the right to refuse, cancel or review the
entrance of any player without assigning any reason, and its decision
shall be final;
granting of transfers and
permits to players;
adjudication of disputes;
fining of Member Clubs for
breaches of these rules; and
selection of representative teams;
may, subject to these Rules, the Regulations and the Act,
exercise all such powers and functions as may be exercised by the
Association other than those powers and functions required by these
Rules to be exercised in General Meeting, and, subject to the procedures
set down in these Rules, the decision of the Committee shall be
The Committee shall meet monthly during the competition season,
and otherwise as deemed necessary.
OFFICERS OF THE ASSOCIATION
The Officers of the Association shall be:
Vice Presidents (2);
Junior Development Officer.
The provisions of Rule 18 so far as they are applicable and with
the necessary modification apply to the election of persons as Officers
of the Association.
Each Officer shall hold office until the next annual general
meeting following the date of the Officer's election but is eligible for
In the event of a casual vacancy in any office referred to in
rule 20.1, the Committee may appoint an Ordinary Member of the Committee
to the vacant office and the person so appointed may continue in office
up to and including the conclusion of the annual general meeting next
following the date of the person's appointment.
CONSTITUTION OF COMMITTEE
The Committee shall consist of:
the Officers of the
3 Ordinary Members of the Committee.
Each Ordinary Member of the Committee shall, subject to these
rules, hold office until the annual general meeting following the date
of the member's election but is eligible for re-election.
In the event of the casual vacancy occurring in the office of an
Ordinary Member of the Committee, the Committee may appoint any delegate
of one of the Member Clubs to fill the vacancy and the person so
appointed shall hold office, subject to these rules, until the
conclusion of the annual general meeting next following the date of the
ELECTION OF COMMITTEE AND VACANCIES
Any Life Member or delegate of a Member Club or other person is
entitled to be nominated as an Officer of the Association or Ordinary
Member of the Committee.
Nominations of candidates for election as Officers of the
Association or as Ordinary Members of the Committee shall be submitted
by the Life Members and Member Club delegates at the annual general
If insufficient nominations are received at the meeting to fill
all vacancies on the Committee, the candidates nominated shall be deemed
to be elected, and any vacancies may be filled at the discretion of the
If the number of nominations exceeds the number of vacancies to
be filled, a ballot shall be held.
The ballot for the election of the Officers and Ordinary Members
of the Committee shall be conducted at the annual general meeting in
such usual and proper manner as the Committee may direct.
For the purposes of these rules, the office of an Officer of the
Association or of an Ordinary Member of the Committee shall become
vacant if the Officer or Ordinary Member:
to be a member of the Association, or the Member Club which they
represent ceases to be a member of the Association;
(c) fails to attend
three consecutive meetings without the consent of the Committee.
PROCEEDINGS OF COMMITTEE
The Committee shall meet at such place and such times as the
Committee may determine.
Special meetings of the Committee may be convened by the
President or by any 4 members of the Committee.
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.
Any 7 members of the Committee constitute a quorum for the
transaction of the business of a meeting of the Committee.
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 meetings of the Committee:
the President or in his absence a Vice-President shall preside;
if the President and the Vice-Presidents are absent, such one of
the remaining members of the Committee as may be chosen by the members
present shall preside.
Questions arising at a meeting of the Committee or of any
sub-committee appointed by the Committee shall be determined by a show
of hands or, if demanded by a Committee member, by a poll taken in such
manner as the person presiding at the meeting may determine.
Each Committee 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, in the event of
an equality of votes on any question, the person presiding may exercise
a second or casting vote.
Notice of each Committee meeting shall be given to each member of
The Secretary of the Association shall keep minutes of the
resolutions and proceedings of each General Meeting and each committee
meeting in books provided for the purpose together with a record of the
names of persons present at committee meetings.
Where the office of Secretary becomes vacant, the Committee
shall, within 14 days after the vacancy arises, appoint a person to fill
The Secretary shall, within 14 days of appointment, give notice
in writing to the Registrar of his appointment.
The Treasurer of the Association;
shall collect and receive all moneys due to the Association and
make all payments authorized by the Association; and
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.
The accounts and books referred to in Rule 25.1 shall be
available for inspection by members.
REMOVAL OF A MEMBER OF COMMITTEE
The Association in General Meeting may by resolution remove any
member of the Committee before the expiration of his term of office and
appoint another member in his stead to hold office until the expiration
of the term of the firstmentioned member.
Where the member to whom the proposed resolution referred to in
clause 26.1 makes representations in writing to the Secretary or
President of the Association (not exceeding a reasonable length) and
requests that they be notified to the members of the Association, the
Secretary or the President may send a copy of the representations to
each member of the Association or, if they are not sent, the member may
require that they be read out at the meeting.
MANAGEMENT OF FUNDS
The Association must open an account with a financial institution
from which all expenditure of the Association is made and into which all
of the Associations revenue is deposited.
All cheques, bank transfers, drafts, promissory notes and other
negotiable instruments may be signed or authorised by any two of the
President, Treasurer and Secretary.
The Common Seal of the Association shall be kept in the custody
of the Secretary.
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 any two of the President, Treasurer and
ALTERATION OF RULES AND STATEMENT OF PURPOSES
Rules including the statement of purposes of the Association shall not
be altered except in accordance with the Act.
A notice may be served by or on behalf of the Association upon
any Member Club by serving it personally on the Secretary of that Member
Club or by sending it by post or electronic mail to the Member Club at
its address shown in the register.
Where a document is properly addressed pre-paid and posted to a
person as a letter, the document shall, unless the contrary is proved,
be deemed to have been given to the person at the time at which the
letter would have been delivered in the ordinary course of post.
WINDING UP OR CANCELLATION
The Association may be wound up voluntarily by special
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 provisions of the Act.
CUSTODY AND INSPECTION OF BOOKS AND RECORDS
Except as otherwise provided in these Rules, all books, documents
and securities of the Association shall be kept in the custody of and
under the control of the Secretary.
Members may on request inspect free of charge:
register of members;
minutes of general meetings;
to sub-rule 33.3, the financial records, books, securities and other
relevant document of the Association, excluding minutes of Committee
The Committee may refuse to permit a member to inspect records of
the Association that relate to confidential, personal, employment,
commercial or legal matters or where it considers that to do so may be
prejudicial to the interests of the Association.
Subject to sub-rule 33.3, a member may make a copy of any of the
other records of the Association referred to in this Rule, and the
Association may charge a reasonable fee for provision of a copy of such
funds of the Association shall be derived from Team Entry Subscription
Fees, Tournament Entry Fees, donations and such other sources as the
for membership of
BAYSIDE REGIONAL TENNIS
name of Applicant Club)
to become a member of Bayside Regional Tennis Association Incorporated.
event of our admission as a Member Club we agree to be bound by the
rules of the Association for the time being in force.