Constitution of The Glen Innes Motor Sports Club Inc.
(Effective and implemented by and for the Glen Innes Motor Sports Club Inc. on 07/03/2024)
Part 1 - Preliminary
1.1 Definitions
1. In this constitution:
Affiliate: is interchangeable with social member and refers to a member without voting rights
Club: refers to the Glen Innes Motor Sports Club
Club Member: refers to the financial member of the Club with voting rights
Executive: refers to the collective group of those club members appointed as President, Vice President, Secretary, Treasurer and two Committee members.
Log Book Scheme: refers to a scheme administered by the Transport for NSW
Secretary means:
a. The person holding office under this constitution as secretary of the Club, or
b. If no such person holds that office – the public office of the Club.
Special general meeting: means a general meeting of the Club other than an annual general meeting.
The Act means the Clubs Incorporation Act 2009.
The Regulation means the Clubs Incorporation Regulation 2010.
2. In this constitution:
a. a reference to a function includes a reference to a power, authority and duty, and
b. A reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.
3. In this constitution:
a. where this constitution conflicts with any other instrument of the Glen Innes Motor Sports Club, this constitution shall prevail.
b. Where ambiguity exists between this constitution and any other instrument of the Glen Innes Motor Sports Club, the natural interpretation of the constitution shall prevail.
c. The Executive committee shall hold the power to deal with and adjudicate upon all questions and disputes as to the interpretation of the constitution, rules and associated policies.
d. By a simple majority of votes. The definition of a simple majority of votes in this instance 50% of the members in attendance plus 1 additional member who are in agreeance of the decision of the matter in question at any general meeting.
Part 2 - Membership
2.1 Membership Generally
2.1.1. A person is eligible to be a member of the Club if:
a. the person is a natural person, and
b. the person has been nominated and approved for membership of the club in accordance with clause 3.
2.1.2. A person is taken to be a member of the club if:
a. the person is a natural person, and
b. 17 years of age or older
c. the person was:
(i). in the case of unincorporated body that is registered as the club – a member of that unincorporated body immediately before the registration of the club; or
(ii). in the case of a club that is amalgamated to form the relevant club – a member of that other club immediately before the amalgamation; or
(iii). In the case of a registerable corporation that is registered as a club member of the registerable corporation immediately before that entity was registered as a club;
2.1.3. A person is taken to be a member of the club if the person was one of the individuals on whose behalf an application for registration of the club under section 6.1a of the act was made.
2.2 Nomination of membership
1. A nomination of person for membership of the club:
a. must be made by a member of the club in writing in the form set out in Appendix 1 to the constitution, and
b. must be lodged with the secretary of the club.
2. As soon as practicable after receiving a nomination for membership, the secretary must refer the nomination to the committee which is to determine whether to approve or to reject the nomination.
a. The committee must consider each application for membership made and must accept or reject each application
b. Neither the committee or the club is bound to give an explanation for rejection of any application
3. As soon as practicable after the committee makes that determination, the Secretary must: a. Notify the nominee, in writing, that the committee approved or rejected the nomination (whichever ais applicable), and
b. If the committee approved the nomination, request the nominee to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under this constitution by a member as entrance fee and annual subscription.
4. The secretary must, on payment by the nominee of the amounts referred to in subclause (3) (b) within the period referred to in that provision, enter or cause to be entered the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the club.
2.3 Categories of membership
1. Member shall provide for any person to be involved with the club and participate in club organised events. A member has the right to vote at any general meeting, special meeting or annual general meeting. The fees of a person becoming a member of the club are set out in clause 2.8.
A member is eligible to participate in the Historic Vehicle Registration – refer to Part 5. The member is expected to attend a minimum of 3 general meetings per year or send though an apology for nonattendance. In addition, a member may be classified as:
a. an active member who participates in organising club events and attends most meetings and events.
b. a non-active member who does not participate in organising club events but meets the basic requirement of attending a minimum of 3 general meetings per financial year or sends through an apology for non-attendance.
2. Social member shall provide for any person to have involvement with the club and organised events but is unable to vote at any general meeting, special meeting or annual general meeting of the club. The fees of a person becoming an affiliate of the club are set out in clause 2.8. A social member is not eligible to participate in the Historic Vehicle Registration – refer to Part 5. The social member is expected to attend a minimum of 3 general meetings per financial year or send though an apology for non-attendance.
3. Life Member shall provide for a person to be exempt from payment or future subscriptions, however the member shall continue to be liable for general surcharge which may be levied upon members. Life members are entitled to enjoy the benefits and privileges to that of individual memberships including the right to vote and be elected to the committee. An application of life membership is in Appendix 2 of this constitution and are discussed and voted on annually at the annual general meeting. Life members do not have to be appointed or nominated every year.
2.4 Cessation of membership
A person ceases to be a member of the club if the person:
a. Dies, or
b. Resigns membership, or
c. Is expelled from the club, or
d. Fails to pay the annual membership fee under clause 8 (2) within 3 months after the fee is due.
2.5 Membership entitlements not transferable
1. A right, privilege or obligation which a person has by reason of being a member of the club:
a. Is not capable of being transferred or transmitted to another person, and
b. Terminates on cessation of the person’s membership
2.6 Resignation of membership
1. A member who delivers notice in writing of resignation from the club to the Secretary ceases to be a member of the club on deliver of that notice.
2. If a member of the club ceases to be a member under subclause (1), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
2.7 Register of members
1. The secretary of the club must establish and maintain a register of members of the club specifying the name and postal or residential address of each person who is a member of the club together with the date on which the person became a member.
2. The register of members must be kept in New South Wales:
a. At the main premises of the club, or
b. If the club has no premises, at the club’s official address.
3. The register of members must be open for inspection, free of charge, by any member of the club at any reasonable hour.
4. A member of the club may obtain a copy of any part of the register on payment of a fee of not more than $1 for each page copied.
5. If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.
6. A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
a. The purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the club or other material relating to the club, or
b. Any other purpose necessary to comply with requirement of the Act or the Regulation.
2.8 Fees and Levies
1. A member of the club must:
a. On admission to membership and annually when membership fees are due on or before 31 July each year and pay to the club a fee as determined by the members at the annual general meeting (refer to sub-clause 3 below);
b. In addition to any amount payable by the member or under subclause 1(a), a member of the club must pay to the club an annual membership levy of $5.00.
2. A social member of the club must:
a. On admission to membership and annually when membership fees are due on 31 July each year prior to the annual general meeting, pay to the club a fee as determined by the members at the annual general meeting (refer to sub-clause 3 below) prior to them participating in or attending their first event or meeting in that calendar year.
b. In addition to any amount payable by the member or under subclause (1), a member of the club must pay to the club an annual membership levy of $5.00 prior to them participating in or attending their first event or meeting in that calendar year.
3. Members must at the annual general meeting review and set the fees and levies for that upcoming year as deemed appropriate.
2.9 Member’s Liabilities
1. The liability of a member or affiliates of the club contribute towards the payment of the debt and liabilities of the club or the costs, charges and expenses of the winding up of the club is limited to the amount, if any, unpaid by member in respect of membership of the club as required by clause 3.1 (a)(i) and (ii) and 3.1(b)(i) and (ii).
2.10 Resolution of Disputes
1. This clause applies to
a. Members or affiliates and other members or other affiliates; or
b. A member or affiliate and the executive committee
2. Within 14 days after the dispute comes to the attention of the parties to the dispute, they must meet and discuss the matters, and if possible, resolve the dispute.
3. If the parties are unable to resolve the dispute at a meeting, or if a party fails to attend that meeting, then the parties must within 10 days after the initial proposed meeting, hold another meeting in the presence of a mediator.
4. The mediator must be:-
a. A person chosen by agreement between the parties;
b. In the absence of an agreement
i. Between members or affiliates and members or affiliates only a member of the executive committee shall act as mediator
ii. For a dispute between a member/affiliate and the executive committee an independent mediator employed by the department administering the act.
5. A member of the club can be a mediator
6. The mediator cannot be a party to the dispute
7. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation. 8. The mediator conducting the mediation must
a. Give the parties to the mediation process every opportunity to be heard;
b. Allow due consideration by all parties of any written statement submitted by any part; and c. Ensure that natural justice is afforded to the parties to the dispute throughout the mediation process.
9. The mediator must not determine the dispute
10. 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 in their own time and at their own expense.
2.11 Disciplining of Members
1. A complaint may be made to the committee by any person that a member or affiliate of the club:
a. Has refused or neglected to comply with a provision or provisions of this constitution, or
b. Has wilfully acted in a manner prejudicial to the interest of the club; or
c. Has breached a rule pertaining to the guidelines of the clubs Code of Conduct.
2. The committee may refuse to deal with a complaint or breach of Code of Conduct if it considers the complaint to be trivial or vexatious in nature.
3. Is the committee decides to deal with the complaint or breach of Code of Conduct, the committee:
a. Must cause notice of the complaint to be served on the member concerned and include the time, date and place of the committee meeting at which the questions of the suspension or expulsion will be decided
b. The particulars of Code of Conduct breached
c. Must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint, and
d. Must take into consideration any submissions made by the member in connection with the complaint.
4. The committee may, by resolution, expel the member from the club or suspend the member from membership of the club or decline to suspect or expel the member if, after considering the complaint or breach of Code of conduct and any submissions made in connection with the complaint or breach of Code of Conduct, it is satisfied that the facts alleged in the complaint or breach of Code of Conduct have been provided and the expulsion or suspension should be declined or are warranted in the circumstances.
5. If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member’s right of appeal under clause 2.12.
6. The expulsion or suspension does not take effect:
a. Until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
b. If within that period the member exercises the right of appeal, unless and until the club confirms the resolution under clause 2.12, whichever is the later.
7. If no submissions are made by the offending member or affiliate, the committee will still convene to discuss the matter at the proposed date, time and location of the meeting scheduled and vote on an appropriate outcome for the offending member or affiliate and ensure that written notice is provided to the offending member or affiliate within 7 days following from that meeting where a determination has been made.
2.13 Right of appeal of disciplined member
1. A member or affiliate may appeal to the club in a general meeting against a resolution of the committee under clause 2.11, with 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
2. The notice may, but need not, be accompanied by a statement of the grounds on which the member or affiliate intends to rely for the purposes of the appeal.
3. On receipt of a notice from a member under subclause (1), the secretary must notify the committee which is to convene a general meeting of the club to be held within 28 days after the date on which the secretary received the notice.
4. At a general meeting of the club convened under subclause (3):
a. No business other than the question of the appeal is to be transacted, and
b. The committee and the member or affiliate must be given the opportunity to state their respective cases orally or in writing, or both, and
c. The members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
5. The appeal is to be determined by a simple majority of votes cast by members of the club.
Part 3 - The Executive Committee
3.1 Powers of executive committee
1. Subject to the Act, the regulation and this constitution and to any resolution passed by the club in general meeting, the committee:
a. Is to control and manage the affairs of the club, and
b. May exercise all such functions as may be exercised by the club, other than those functions that are required by this constitution to be exercised by a general meeting of members of the club, and
c. Has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the club.
3.2 Composition and membership of executive committee
1. The executive committee is to consist of:
a. The executive of the club, and
b. At least 3 ordinary committee members, each of whom is to be elected at the annual general meeting of the club under clause 3.3.
2. The total number of executive committee member is to be 7.
3. The executive committee of the club are as follows:
a. The President
b. The Vice-President
c. The Treasurer
d. The Secretary
e. The Publicity Officer
4. A committee member may hold up to 2 offices (other than both the President and Vice-President offices).
5. Each member of the executive committee is, subject to this constitution, to hold office until the conclusion of the annual general meeting following the date of the member’s election but is eligible for re-election.
3.3 Election of executive committee members
1. Nominations of candidates for election as executive committee members of the club or as ordinary committee members:
a. Must be made in writing, signed by 2 members of the club and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and
b. Must be delivered to the secretary of the club at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.
2. If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting
3. If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
4. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
5. If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
6. The ballot for the election of office-bearers and ordinary committee members of the committee is to be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
7. A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of the club must be a member of the club.
3.4 The President
The president shall:
1. Preside at all general, special, extraordinary, and annual general meetings including but not limited to functions and events of the club.
2. Generally, carry out the duties of the Chairperson and will give rulings as required;
3. Have full power at meetings to expel a member or members or affiliates from a meeting if it is deemed necessary including but not limited to the guidelines as set out in clause 2.11(a), 2.11(b) and 2.11(c);
4. May step down and appoint a Chairperson for any meeting or function;
5. Delegate specific roles and functions to club members pertaining to specific club events;
6. Be responsible for ensuring the committee fulfills its responsibilities for the governance and success of the club;
7. Is the spokesperson for the club and assists members to achieve its goals.
3.5 Vice President
The vice president shall
1. Assist the president to fulfil their responsibilities for the governance and success of the club
2. Step into the role of president when the appointed president is unable to fulfil the role themselves
3. Work with the president to help them understand concerns and alternate points of view within the club.
3.6 Secretary
1. The secretary of the club must, as soon as practicable after being appointed as secretary, lodge notice with the club of his or her address.
2. It is the duty of the secretary to keep minutes of:
a. All appointments of office-bearers and members of the committee, and
b. The names of members of the committee present at the committee meeting or a general meeting, and
c. All proceedings at committee meetings and general meetings.
3. Minutes of proceeding at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
4. Maintain documentation and clear communication of the club activities to members.
3.7 Treasurer
It is the duty of the treasurer of the club to ensure:
1. That all money due to the club is collected and received and that all payments authorised by the club are made.
2. That correct books and accounts are kept showing the financial affairs of the club, including full details of all receipts and expenditure connected with the activities of the club. 3. Report all financial matters and transactions to members and affiliates at all general meetings.
4. Keep correct account books showing financial affairs of the club and shall prepare and submit to each annual general meeting financial report and balance sheet statement of account which may be duly audited.
5. Petty cash advances of not more the $50 per legitimate club transactions with extreme scrutiny places upon receipts of abovementioned transactions to be signed and sighted by two non-office bearing club members at immediately following general meeting.
6. Upon calling for further advances above $50 for legitimate club transactions in between general club meetings shall be made as and when required for extenuating circumstances only and the treasurer shall seek approval from the president and two non-office bearing club members.
7. In conjunction with the president and vice president, sign all cheques drawn on the club’s account and be marked nonnegotiable; and
8. Shall within two business days deposit such monies received for the club and ensure such monies are deposited into the nominated bank account of the Glen Innes Motor Sports Club.
3.8 Publicity Officer
1. The publicity officer shall;
a. Write media releases concerning upcoming events, interesting personalities, and Club and individual highlights or achievements.
b. Co-ordinate and assist in the publication of reports.
c. Act as a liaison officer for media at all events.
d. Be familiar with all local media personnel.
e. Co-ordinate arrangements for press media coverage of club news releases on functions and events.
f. Liaise with other club members on a regular basis.
g. Advertise all the positive aspects of your Club’s activities
h. Keep your clubs committee informed of on-going activities.
3.9 General Executive Members
1. The general executive members are two club members appointed to assist in the decision make processes and general management practices who act impartially and with the best interests of the welfare of the club in mind and work in conjunction with the executive committee of the club.
3.10 Casual Vacancies
1. In the event of a casual vacancy occurring in the membership of the executive committee, the executive committee may appoint a member of the club to fill the vacancy and the member so appointed is to hold office, subject to this constitution, until the conclusion of the annual general meeting next following the date of the appointment.
2. A casual vacancy in the office of a member of the executive committee occurs if the member:
a. Dies, or
b. Ceases to be a member of the club, or
c. Becomes an insolvent under administration within the meaning of the Corporation’s Act 2001 of commonwealth, or
d. Resigns office by notice in writing given to the secretary, or
e. Is removed from office under clause 19, or
f. Becomes a mentally incapacitated person, or
g. Is absent without the consent of the committee from 3 consecutive meetings of the executive committee, or
h. Is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or
i. Is prohibited from being a director of a company under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act 2001 of commonwealth.
3.11 Removal of executive committee members
1. The club in general meeting may by resolution remove any member of the executive committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
2. If a member of executive committee to whom a proposed resolution referred to in subclause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the club, the secretary or the president may send a copy of the representations to each member of the club or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
3.12 Executive Committee Meetings and Quorum
1. The executive committee must meet at least 3 times in each period of 12 months at such place and time as the executive committee may determine.
2. Additional meetings of the executive committee may be convened by the president or by any member of the executive committee.
3. Oral or written notice of a meeting of the executive committee must be given by the secretary to each member of the executive committee at least 48 hours (or such other period as may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
4. Notice of a meeting given under subclause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the executive committee members present at the meeting unanimously agree to treat as urgent business.
5. Any 3 members of the executive committee constitute a quorum of the transaction of the business of a meeting of the executive committee.
6. No business is to be transacted by the executive committee 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 is to stand adjourned to the same place and at the same hour of the same day in the following week.
7. If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
8. At a meeting the executive committee:
a. The president or, in the president’s absence, the vice-president is to preside, or
b. If the president and the vice-president are absent or unwilling to act, such one if the remaining members of the executive committee as may be chosen by the members present at the meeting is to preside.
3.13 Voting and decisions
1. Questions arising at a meeting of the executive committee are to be determined by a majority of the votes of members of the executive committee present at the meeting.
2. Each member present at the meeting of the executive committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
3. Subject to clause 3.10 the committee may act despite any vacancy on the committee.
4. Any act or thing done or suffered, or purporting to have been done or suffered, by the executive committee is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.
Part 4 - General Meeting
4.1 Annual general meetings – holding of
1. The club must hold its first annual general meeting within 18 months after its registrations under the act.
2. The club must hold its annual general meetings:
a. Within 6 months after the close of the club’s financial year, or
b. Within such later time as may allowed by director-general or prescribed by the Regulation
4.2 Annual general meetings – calling of the business at
1. The annual general meeting of the club is, subject to the Act and to clause 23, to be convened on such date and at such place and time as the committee thinks fit
2. In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:
a. To confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,
b. To receive from the committee reports on the activities of the club during the last preceding financial year,
c. To elect office bearers of the club and ordinary committee members,
d. To receive and consider any financial statement or report required to be submitted to members under the Act.
3. An annual general meeting must be specified as such in the notice convening it.
4.3 Special general meetings – calling of
1. The committee may, whenever it thinks fit, convene a special general meeting of the club. 2. The committee must, on the requisition in writing of at least 5 per cent of the total number of members, convene a special general meeting of the club.
3. A requisition of members for a special general meeting:
a. Must state the purpose or purpose of the meeting, and
b. Must be signed by the members making the requisition, and
c. Must be lodged with the secretary, and
d. May consist of several documents in similar form, each signed by one or more of the members making the requisition.
4. If the committee fails to convene a special general meeting to be held within 1 month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not late than 3 months after that date.
5. A special general meeting convened by a member or members as referred to in subclause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee.
4.4 Notice
1. Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the club, the secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
2. If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the club, the secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under subclause (1), the intention to propose the resolution as a special resolution.
3. No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under clause 24 (2).
4. A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.
4.5 Quorum for general meetings
1. No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that item.
2. Five members present (being members entitled under this constitution to vote at a general meeting) and 2 executive members constitute a quorum for the transactions of the business of a general meeting.
3. If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
a. If convened on the requisition of members, is to be dissolved, and
b. In any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.
4. If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being at least 3 members plus 2 executive) are to constitute a quorum.
4.6 Presiding Member
1. The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the club.
2. If the president and the vice-president are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.
4.7 Adjournment
1. The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted to an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
2. If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the club stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
3. Except as provided in subclause (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
4.8 Making of decisions
1. A question arising at a general meeting of the club is to be determined by either:
a. A show of hands, or
b. If on the motion of the chairperson or if 5 or more members present at the meeting decide that the question should be determined by a written ballot.
2. If the question is to be determined by a show or hands, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the club, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
3. If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairperson.
4.9 Special Resolutions
A Special resolution may only be passed by the club in accordance with section 39 of the Incorporations Act 2009.
4.10 Voting
1. On any question arising at a general meeting of the club a member has one vote only.
2. In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
3. A member is not entitled to vote at any general meeting of the club unless all money due and payable by the member to the club has been paid.
4. A member is not entitled to vote at any general meeting of the club if the member is under 18 years of age.
4.11 Proxy votes not permitted
Proxy voting must not be undertaken at or in respect of a general meeting.
Note: Schedule 1 of the Act provides that a club’s constitution is to address whether members of the club entitled to vote by proxy at general meetings.
Part 5 - Historic Vehicle Registration
5.1 Historic Vehicle Registration
Any members with a vehicle carrying RMS historic plates under the Clubs auspices must fulfil the following expectations: The member is expected to attend a minimum of 3 general meetings per year or send though apology for nonattendance. If a member is judged to be in violation of these condition, the committee shall have the power to refuse and or revoke the members’ vehicle to carry historic plates under the club’s auspices. The committee shall have the power to exercise leniency regarding these conditions at their discretion.
5.2 Eligibility
1. All vehicles must be a minimum of 30 years old, the onus of proof of age shall be with the applicant. However, the final arbitrator shall be the club registrar and committee.
2. To be eligible to place a vehicle on Club plate you must be a full financial member of the Club.
3. To be eligible to place a vehicle on club plates you must attend a minimum three club outings or meetings. A register is to be kept of all historical vehicles attending events/runs.
4. All applicants shall be handed a copy of this constitution. Applicants shall read and sign the form attached indicating that they fully understand their responsibility’s and agree to abide with this Constitution before conditional registration is issued.
5. Any person with current drivers’ licence can drive a vehicle on Historical Conditional Registration with owner’s permission.
6. Must hold current New South Wales driers Licence.
5.3 Club Events
Vehicles on conditional registration shall only be used for club events, except as set out in Part 5.4 – Servicing of vehicles. Club events shall be described as:
1. Events as set out on the Club events calendar
2. Events organised by their Club, or another Club or recognised community organisations, provided an official invitation has been received and documented by the Club in the official minutes, Newsletter or the official “day book”
3. To take part in processions, static displays.
5.4 Servicing of vehicles
1. Vehicles can be driven on public roads for short journeys for the following reasons only:
a. For servicing within a short distance e.g., 20kms from their place of garaging
b. For the report and upkeep of the vehicles (i.e., Mechanical, paint and upholstery work etc)
c. To check brakes and other running gear.
d. For weddings (with the club’s approval) providing no monies or remuneration is received by the vehicle owner, the Club, or its members.
2. If a longer journey is necessary, the member must notify the Club Registrar so that he/she can enter the details in the official “day Book” or official minutes. Reason for movement must be noted in movement day book by the registrar.
3. Historic Vehicle Movement Authorisation sheets must be completed by any member wishing to use a conditional registered vehicle outside of Club organised or approved events. The movement number issued to you by the Clubs registrar must be displayed on this sheet and to be in vehicle at time of use.
5.5 Responsibility of Cond Registration Holders
1. Comply with Section 5.1 in club constitution
2. All enquires must be directed to the Club Registrar. Individual approaches to the RMS are not permitted.
3. The Certificate of Approved Operations, detailing the conditions applicable to the operation of the vehicle, must be carried in the vehicle whenever the vehicle is used on a road or road related area. The registered operator must be a member of an RMS recognised historic vehicle club. Proof of club membership must be provided to the RMS on the 1259 RMS form prior to establishing or renewing conditional registration.
4. Conditional registration is only issued to a financial member of the Club and is not transferable either to another vehicle or person in the event of the vehicle on which they are issued being sold.
5. Two number plates must be displayed on the vehicle (front and rear).
6. Plates must be immediately returned to the RMS:
a. In the event of the sale of the vehicle on which they are issued
b. Upon the members resignation from the club
c. Upon the members failure to remain a financial member within the meaning of the Constitution of the Club or on the failure to pay any levy that may be constitutionally approved by a duly constituted Club meeting
d. At the directive of a Club Committee decision
e. If a Club Safety assessment person or Registrar considers the vehicle has been made unsafe or altered after it has been inspected.
NOTE: 1. Plates are issued in the belief that the member’s prime intended use is for Club Outings and Events. The Committee retains the right to reconsider eligibility for issue or removal should this cease to be the case or if the vehicle does not attend any Club Outings or Events during the year without good cause.
NOTE:2. Failure to return RMS Plates will result in immediate notification to the RMS
5.6 Annual Vehicle Inspection
All vehicles must undergo an annual inspection. By obtaining a Safety Inspection Report (Pink Slip) issued by an Authorised Inspection Station. No member will be issued with renewal if their vehicle is found to be un-roadworthy. Issue of Historic Registration to the member shall, however, be withheld until the vehicle is inspected and passed by pink slip provider. Chassis, body, and engine numbers will form part of the identification of a Historic vehicle issued with RMS plates. Any changes must be notified in writing to the RMS and club’s plate registrar.
5.7 Insurance requirements
Minimum insurance cover of Third Party Property Insurance is required. Proof of a cover must be provided to the Club Registrar. It is strongly recommended that full insurance be obtained.
5.8 Club Registrar
1. Follow and implement all regulations and guidelines as set out by RMS NSW.
2. Provide movement numbers for members on Conditional Registration.
3. Keep detailed records on vehicle movement including reason, times and areas of travel.
4. Forward copies of all documents to the club secretary keeping originals.
5. Be familiar and up to date with all regulations regarding Conditional registration with the RMS NSW.
6. Notify RMS NSW of any changes within the club as required in this position.
7. Keep up to date listings of the “official” club outings, events and invitations.
8. Keep clearly marked and sectioned files for club information.
9. Provide details handover information when relinquishing position including contact and advices to be carried out
5.9 Modifications
1. Period correct modifications are allowed. Wheel rims must comply with RMS standards and must be in the era of the vehicle.
2. Brake upgraded from original, but they must satisfy the Registrar of their safety or the club may require an engineer’s report
3. No structural changes are permitted when modifying. Any accessories fitted to the car must be as close as possible to the original part.
4. Springs, sway bars and shock absorbers may be upgraded so long as they do not alter the external appearance of the car.
5. The exhaust system may be altered
6. Children from birth up to the age of seven years are to be appropriately restrained in a motor vehicle with an approved child restraint
7. If the vehicle was manufactured with seatbelt anchorages, seatbelts must be fitted. If seat belts are fitted to the vehicles approved child restraints must be used as per the specific RMS regulations. If vehicle was manufactured without seatbelt anchorages, there is no requirement to fit seatbelts. Drivers of historic vehicles registered under the conditional registration scheme are exempt from the requirement to fit child restraints when carrying children between 12 months and seven years of age, provided: they have written advice from an authorised engineering signatory that it is not reasonably practicable to install seatbelts and/or child restraints in the historic vehicle, and this written advise is carried in the vehicle when transporting any child between 12 months and seven years of age. All passengers under 12 months of age must be restrained in an approved child restraint. It is legal to carry a child seven to sixteen in a vehicle that does not require seat belts to be fitted. Fitting aftermarket seatbelts to a historic vehicle not manufactured with seatbelt mounts would allow children under seven to travel in such historic vehicles but would make the vehicle ineligible for NSW HCRS and it would have to be engineer certified for full NSW registration.
5.10 General
1. Motor cars, tourers and limousines can only carry one person per seating position, seat belts must be worn, where fitted. Buses can carry only 7 passengers except for special events and with specific approval from the RMS
2. This policy applies to NSW clubs. All members must be financial members and be NSW residents.
3. Vehicles registered under the scheme may operate temporarily in other states and territories, under the same conditions as apply in NSW. Temporarily is considered to be three months continuously
4. Interstate vehicles (operating under a similar scheme in their home state/territory) may be driven in NSW if they legally comply with the rules and regulations of their registration
5.11 Log Book Scheme
The Club is registered with the Transport for NSW and is listed on the Transport for NSW list of recognised clubs
1. A log book allows members to use vehicles registered under the Historic and Classic Vehicle Schemes for up to 60 days per year for maintenance and personal use (general use), outside of club-organised events. Each day of general use must be recorded in the log book.
2. A person responsible for the vehicle can fill in the log book. Only one log book entry is required per day, even if there are multiple drivers. The daily entry expires at midnight on the day of the log book entry. The person making the entry in the log book must write their full name and signature each time.
3. The log book must be carried in the vehicle at all times when the vehicle is being used. If you are towing trailers or caravans that are registered under the Historic Scheme, separate log books are required and also must be completed and carried.
4. A Certificate of Approved Operations is issued to all vehicles registered under the Historic and Classic Vehicle Schemes. It must be carried in the vehicle whenever it is in use, including when using the log book and during club organised events. As with the log book, the certificate of approved operations for trailers or caravans that are registered under the Historic Vehicle Scheme must also be carried.
5. The rules applying to log books and club event use apply when driving interstate. When interstate, the NSW rules must be followed.
6. Each driving day is recorded in the log book. For days when the vehicle is parked up (not driven) a log book entry is not required.
7. If you use all of your log book days within any given year of registration, you will be limited to club runs only. When you renew your historic or classic registration, another log book will be issued and you will have another 60 days of personal use for the new 12 month period.
8. Clubs and their members that have not opted in for the log book can only use their vehicles for club runs and maintenance trips. If a club opts out of the log book, the club members are then also limited to club and maintenance runs only.
9. To be eligible to place a vehicle on club plates under the Log Book Scheme you must attend a minimum three club outings or meetings.
10. Members will comply with the provisions outlined in 5.5 Responsibility of Cond Registration Holders
Part 6 - Miscellaneous
6.1 Insurance
The club may affect and maintain insurance.
6.2 Funds – Source
1. The funds of the club are to derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the club in general meeting, such other sources as the committee determines.
2. All money received by the club must be deposited as soon as practicable and without deduction to the credit of the club’s bank or other authorised deposit-taking institution account.
3. The club must, as soon as practicable after received any money, issue an appropriate receipt.
6.3 Funds – Management
1. Subject to any resolution passed by the club in general meeting, the funds of the club are to be used in pursuance of the objects of the club in such manner as the committee determines.
2. All cheques, drafts, bill of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee or employees of the club, being members or employees authorised to do so by the committee.
6.4 Change of name, objects, and constitution
An application to the Director-General for registration of a change in the club’s name, objects, or constitution in accordance with section 10 of the Act is to be made by the public officer or a committee member.
6.5 Custody of book etc
Except as otherwise provided by this constitution, the secretary must keep in his or her custody or under his or her control all record, books, rules and other documents relating to the club.
6.6 Inspection of books etc
1. The following documents must be open to inspection, free of charge, by a member of the club at any reasonable hour:
a. Records, books, and other financial documents of the club,
b. This constitution,
c. Minutes of all committee meetings and general meetings of the club,
d. Rule books pertaining to motor sports applicable to the club; and
e. Code of conduct document f. Policies, procedures, guidelines, and specifications
2. A member of the club may obtain a copy of any of the documents referred to in subclause (1) on payment of a fee of not more than $1 for each page copied.
6.7 Service of notices
1. For the purpose of this constitution, a notice may be served on or given to a person:
a. By delivering it to the person personally, or
b. By sending it by pre-paid post to the address of the person, or
c. By sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
2. For the purpose of this constitution, a notice is taken, unless the contrary is proved, to have been given or served:
a. In the case of a notice given or served personally, on the date on which it is received by the addressee, and
b. In the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
c. In the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
6.8 Financial Year
The Financial year of the club is:
a. Annual general meeting to annual general meeting called and held on the first Thursday in July in every calendar year.
b. The financial year will commence on the first day of July and end on the last day of June in every calendar year
Note: Schedule 1 of the Act provides that a club’s constitution is to address the Club Financial Year.
6.9 Altering this Constitution
This constitution may be altered by special resolution passed by at least 75% of the votes cast in an annual general meeting or special general meeting of the club with not less than 21 days written notice specifying the resolutions to be proposed.
6.10 Policies of the Club
1. The club may from time to time adopt and implement appropriate policies in relation to such matters as arise for the management and good governance of proper, safe and organised administration of motor sports events and meetings provided they are discussed and voted on by majority vote at general meetings.
2. In the occurrence where there is conflicting or unclear information stated in the policy documents of the Club and the constitution, please refer to Part 1 clause 3 (a) of the constitution.
6.11 Dissolution of the club
The club shall not be dissolved except by special resolution passed by a majority of at least 75% of the votes cast at the special general meeting of the club whereby not less than 21 days written notice specifying the resolution to be proposed has been given to all members. On dissolution of the club, any property whatsoever remaining after the determination and settlement of all debts and liabilities shall be paid or transferred to another sporting car club to be used for the purposes of motor sports.