ASSOCIATIONS INCORPORATION ACT 1981

The purposes of the Association are to promote and regulate the game of Austral= ian Racquetball in the Eastern suburbs region of Melbourne which may include the following activities

§ = To arrange and control Australian Racquetball championships, tournaments, matc= hes, competitions, exhibitions etc., including the appointment of markers and referees.

§ = To delegate the management of any Australian Racquetball tournament, match, championship, competition or exhibition, etc., to any member or body. =

§ = To hear and determine appeals from members and/or individuals on matters of dispute, reference and/or behaviour and to reprimand, fine or suspend the affiliation of any member and/or individual.

§ = To do all such things as are incidental or conducive to the above objects and which in the opinion of the Association are conducive to the encouragement = of the game of Australian Racquetball.

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Rules of the EASTERN SUBURBS RACQUETBALL ASSOCIATION INCORPORATED

1.&n= bsp; NAME

The name of= the incorporated Association is Eastern Suburbs Racquetball Association Incorporated (in these rules called “the Association”).

2. DEFINITIONS

2.1. In these rules, unless the c= ontrary intention appears:

§ = “Committee” means the Executive Committee of the Association.

§ = “Delegate” means the personal representative of a member Club who has the authority to= act on behalf of the member at all meetings convened under these Rules.

§ = “Elected Committee Member” means a member of the committee who is elected in a= ccordance with Rule 18.

§ = “Financial Year” means the year ending 30^th June.

§ = “General Meeting” means a general meeting of members convened in accordance wi= th Rule 10.

§ = “Club” means a member Club, or Australian Racquetball venue management, of the Association

§ = “ordinary Member of the Committee” means a member of the Committee who is not an officer of the Association under Rule 18.

§ = “The Act” means the Associations Incorporation Act 1981.=

§ = “The Regulations” means Regulations under the Act.

2.2.    In these rules, a reference = to the secretary of the Association is a reference:

(a)       w= here a person holds office under these rules as secretary of the Association, to t= hat person; and
(b)       i= n any case, to the public officer of the Association.

2.3.= Words or expressions contained in these rules shall be interpreted in accordance = with the provisions of the Acts Interpretation Act 1958 and the Act as in force = from time to time.

3. MEMBERSHIP

3.1. A Club which is approved for membership as provided in these rules is eligible to be a member of the Association on payment of the annual subscription payable under these rules= and shall consist of Clubs which are granted a licence by the presiding Committ= ee of the Association at such time.

3.2. Club which is not a member o= f the Association at the time of the incorporation of the Association (or who was such member at that time but has ceased to be a member) shall not be admitt= ed to membership unless it is admitted as provided in clause 3 of these rules.=

3.3.    The application of a Club for membership of the Association:
(a)       s= hall be made in writing as set out in Appendix 1; and
(b)       s= hall be lodged with the secretary of the Association.

3.4. As soon as is practicable af= ter the receipt of an application, the secretary shall refer the application to the Committee.

3.5. Upon the application being r= eferred to the Committee, the Committee shall determine whether to approve or reject the application.

3.6. Upon the application being a= pproved by the Committee, the Secretary shall, with as little delay as possible, no= tify the applicant in writing that they are approved for membership of the Association and request payment within the period of twenty-eight (28) days after receipt of the notification of the first year’s annual subscription.

3.7. The secretary shall, upon pa= yment of the amount referred to in sub-clause 6 within the period referred to in that sub-clause, enter the applicant’s name in the register of members, and upon the name being so entered, the applicant becomes a member of the Association.

3.8.    A right, privilege, or oblig= ation of a Club by reason of their membership of the Association:
(a)       i= s not capable of being transferred or transmitted to another person or Club.
(b)       t= erminates upon the cessation of their membership whether by resignation or otherwise.=

3.9.= The Association may from time to time appoint such persons as it shall deem fit= to be Patrons of the Association. Such appointments shall be recommended by the Committee and be approved at a General Meeting of the Association.

4. ANNUAL SUBSCRIPTION

4.1. The annual subscription is determined by the Committee and is payable in advance at a date specified by the Committee.

4.2.= Any member failing to pay its subscriptions within one month of due date shall = be liable to a fine as determined by the Committee and if the member has faile= d to pay its subscriptions within two (2) months of the due date, the member sha= ll cease to be a member of the Association in accordance with clause 7.1. <= /i>Any such member may by re-admitted upon application at the discretion of the Committee upon payment of such arrears of subscriptions and penalties as ma= y be determined by the Committee.

5.    REGISTER OF MEMBERS

5.1.=     The Secretary shall keep and maintain a register of members in which shall be entered the full name, address, and date of entry of each member. The regis= ter shall be available for inspection by members at the registered address of t= he Association.

6.    RESIGNATION OF A MEMB= ER

6.1.    A member of the Association = which has paid all moneys due and payable by it to the Association may resign from the Association by giving notice in writing to the Secretary of their inten= tion to resign and from the date of receipt of that notice by the Secretary the member shall cease to be a member.

6.2.=     Upon the receipt of a notice given under sub-clause 1, the Secretary shall make = in the register of members an entry recording the date on which the member by = whom the notice was given, ceased to be a member.

7.    EXPULSION OF A MEMBER=

For the pur= pose of this rule, a member shall include a member of a member Club.

7.1.    Subject to these rules, the Committee may by resolution:
(a)       e= xpel a member from the Association, or
(b)       s= uspend a member from membership of the Association for a specified period; or
(c)       f= ine a member if the Committee is of the opinion that the member:
           (i)         has refused or neglected to comply with these rules; or
           (ii)         has been guilty of conduct unbecoming a member or prejudicial to the interests = of the Association.
(d)       A resolution of the Committee under sub-clause 1 takes effect immediately unl= ess the committee receives notice of appeal under sub-clause 2(b).

7.2.    Where the Committee passes a resolution under sub-clause 1, the secretary shall, within fourteen (14) da= ys cause to be served on the member notice in writing:
(a)       s= etting out the resolution of the Committee and grounds on which it is based
(b)       s= tating that the member may exercise a right of appeal, such appeal to follow one of the following actions:
           (i)         Attend a Committee meeting convened not earlier than fourteen (14) and not later t= han twenty-eight (28) days after the service of the Notice,
           (ii)         Give to the Committee before the date of the meeting, a written statement seeking the revocation of the resolution;
           (iii)        Not l= ater than twenty-four (24) hours before the date of the meeting, lodge with the Secretary a notice of appeal to the Association in general meeting against = the resolution.

7.3.    At a meeting of the Committe= e held in accordance with sub-clause 2, the
Committee:
(a)       s= hall give to the member an opportunity to be heard;
(b)       s= hall give due consideration to any written statement submitted by the member and=
(c)       s= hall by resolution determine whether to confirm or revoke the resolution.

7.4.    Where the Secretary receives= a notice under sub-clause 2(b)(iii) the Secretary shall notify the committee = and the committee shall convene a general meeting of the Association to be held within twenty-one (21) days after the date on which the Secretary received = the notice.

7.5.    At a general meeting of the Association convened under sub-clause 4:
(a)       no business other than the question of the appeal shall be transacted;
(b)       t= he committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution;
(c)       t= he member shall be given an opportunity to be heard; and
(d)       t= he members present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.

7.6.    If, at the general meeting:<= br> (a)       s= eventy-five percent (75%) of the members present, vote in favour of the confirmation of= the resolution, the resolution is confirmed; and
(b)       i= n any other case, the resolution is revoked.

7.7.=     Any member who ceases to be a member in accordance with Rule 7 remains liable f= or all debts owing to the Association. in the case of withdrawals, at the time= of receipt by the Secretary of the said notice and in the case of expulsion at= the time of the resolution being confirmed.

8.    ANNUAL GENERAL MEETIN= G

8.1.    The Association shall in each calendar year and within three (3) months after the close of the association’s financial year convene an annual general meeting of its members.

8.2.    The annual general meeting s= hall be held on such day as the Committee determines.

8.3.    The annual general meeting s= hall be specified as such in the notice convening it.

8.4.    The Ordinary Business of the= annual general meeting shall be:
(a)       to confirm the minutes of the last preceding annual general meeting and any general meeting held since that meeting;
(b)       to receive from the Committee reports upon the transactions of the Association during the last preceding financial year;
(c)       to elect the officers and ordinary members of the Committee
(d)       to receive and consider the statement submitted by the Association in accordan= ce with section 30(3) of the Act. This statement shall have been duly audited =
(e)       a= ppoint an auditor to audit the accounts of the Association for the next financial = year in accordance with rule 35.

8.5.    The annual general meeting m= ay transact special business of which notice is given in accordance with these rules. Such business shall be stated on the circulated Agenda paper seven (= 7) days prior to the meeting.

8.6.=     The annual general meeting shall be in addition to any other general meetings t= hat may be held in the same year.

9.    SPECIAL GENERAL MEETI= NGS

9.1.    All general meetings other t= han the Annual General Meeting shall be called special general meetings.

9.2.    The Committee may, whenever = it thinks fit, convene a special general meeting of the Association and, where, but for this sub-clause, more than fifteen (15) months would lapse between annual general meetings, shall convene a special general meeting before the expiration of that period.

9.3.    The Committee shall, on the requisition in writing of members representing not less than ten per cent (= 10%) of members of the Association convene a special general meeting of the Association.

9.4.    The requisition for a special general meeting shall state the objects of the meeting and shall be signed = by the members making the requisition and be sent to the address of the Secret= ary and may consist of several documents in a like form, each signed by one or = more of the members making the requisition.

9.5.    If the Committee does not ca= use a special general meeting to be held within one 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 three (3) months after that date. Not less than fourteen (14) days notice of such meetings shall be given by the Secretary to members and such notice sh= all specify the purpose of the said special general meeting.

9.6.=     A special general meeting convened by members in pursuance of these rules sha= ll 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 persons incurring the expenses.

10.      =      NOTICE OF MEETING

10.1.= The Secretary of the Associa= tion shall. at least fourteen (14) days before the date fixed for holding= a general meeting of the Association, cause to be sent to each member of the Association at his address appearing in the register of members, a notice by pre-paid post stating the place, date and time of the meeting and the natur= e of the business to be transacted at the meeting.

10.2.= No business other than that = set out in the notice convening the meeting shall be transacted at the meeting.

10.3.A member wanting to bring any business be= fore a meeting may give notice of that business in writing to the secretary, who s= hall. include that business in the notice calling the next general meeting after = the receipt of the notice.

11.      =      PROCEEDINGS AT MEETINGS

11.1.= All business that is transac= ted at a special general meeting and all business that is transacted at the general meeting with the exception of that specially referred to in these rules as being the ordinary business of the annual general meeting shall’ be deemed to be special business.

11.2.= No item of business shall be transacted at a general meeting unless a quorum of delegates entitled under these rules to vote is present personally during the time when the meeting = is considering that item.

11.3.= Delegates representing ten p= ercent (10%) of the members (being members entitled under these rules to vote at a general meeting as per clause 15.1.) shall constitute a quorum for the transaction of the business of a general meeting.

11.4.If within half an hour after the appointe= d time for the commencement of a general meeting, a quorum is not present, the mee= ting if convened upon the requisition of members shall be dissolved and in any o= ther case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to members given before the day to which t= he meeting is adjourned) at the same place and if at the adjournment meeting t= he quorum is not present within half an hour after the time appointed for the commencement of the meeting, the meeting shall be dissolved.

12.      =      PROCEEDINGS AT MEETINGS, Chairperson

12.1.= The president, or in his abs= ence, an Office Bearer elected by the delegates present, shall preside as Chairman at each General Meeting of the Association.

12.2.If the President and office bearers are a= bsent from the general meeting, the delegates present shall elect one of their nu= mber to preside as Chairman at the meeting.

13.      =      PROCEEDINGS AT MEETINGS, Adjournment

13.1.= The Chairman of a general me= eting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to 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.

13.2.= Where a meeting is adjourned= for fourteen (14) days or more, a like notice of the adjournment meeting shall = be given as in the case of the general meeting.

13.3.Except as provided in sub-clause I and 2,= it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.

14.      =      PROCEEDINGS AT MEETINGS, Voting

14.1.= Upon any question arising at= a general meeting of the Association, each member shall have one vote for eve= ry five (5) teams or part thereof who participate in the Association.

14.2.= All votes shall be given per= sonally or by a properly completed form of appointment of proxy and shall be decide= d on a show of hands unless before or on the declaration of the result of the sh= ow of hands a poll is demanded pursuant to clause 15.2.

14.3.= In the case of an equality o= f voting on a question, the Chairman of the meeting is entitled to exercise a second= or casting vote.

14.4.Each member may appoint a delegate to att= end and vote on its behalf. A delegate may represent no more than one member, a= nd written authority from such member to vote on its behalf shall be lodged wi= th the Secretary no later than twenty-four (24) hours prior to the meeting.

15.      =      PROCEEDINGS AT MEETINGS

15.1.= A question arising at a gene= ral meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the show of hands a p011 is demanded. A declaration by the Chairman that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost,= and an entry to that effect in the Minute Book of the Association is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

15.2.= If at a meeting a poll on any question is demanded by not less than three members present at the meeting,= it shall be taken at that meeting in such manner as the Chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meetin= g on that question.

15.3.A poll that is demanded on the election o= f a Chairman or on a question of an adjournment shall be taken forthwith and a = poll that is demanded on any other question shall be taken at such time before t= he close of the meeting as the Chairman may direct.

16.      =      PROCEEDINGS AT MEETINGS, Eligibility to Vote

16.1.A member is not entitled to vote at a gen= eral meeting unless all moneys due and payable by the member to the Association = have been paid, other than the amount of the annual subscription payable in resp= ect of the current financial year.

17.      =      EXECUTIVE COMMITTEE

17.1.= The affairs of the Associati= on shall be managed by the Committee.

17.2.The Committee:
(a)       s= hall control the business and affairs of the Association.
(b)       m= ay, subject to these Rules, the regulations and the Act, exercise all such powe= rs and functions as may be exercised by the Association other than those powers and functions that are required by these rules to be exercised by general meetings of the members of the Association,
(c)       s= ubject 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 manage= ment of the business and affairs of the Association.

18.      =      EXECUTIVE COMMITTEE, Composition

18.1.= The Committee shall consist = of nine (9) members, all of which shall be elected at the Annual General Meeting in accordance with the provisions of Rule 20. Five (5) of the elected members shall be elected to hold the office bearer positions of:
(a)       P= resident
(b)       V= ice President
(c)       S= ecretary
(d)       T= reasurer
(e)       M= atch & Pennant Co-Ordinator

while the other four (4) members shall be the ordinary members of the Committee.

18.2.= The Committee shall appoint = one of its Committee members, other than the Match & Pennant Co-ordinator, to = be its representative at tribunal hearings.

18.3.= All the positions of Office = Bearers shall be held separately.

18.4.= Each officer of the Associat= ion shall hold office until the annual general meeting next after the date of t= heir election but is eligible for re-election.

18.5.In the event of a casual vacancy in any o= ffice referred to in sub-clause 1, the Committee may appoint one of its committee members to the vacant office and that member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.

19.      =      EXECUTIVE COMMITTEE, Term

19.1.= Each ordinary member of the Committee shall, subject to these rules, shall hold office until the next annual general meeting.

19.2.Any casual vacancy among the ordinary mem= bers of the committee may be filled by the committee from the members of the Association, and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.

20.      =      ELECTION OF COMMITTEE MEMBERS<= span class=3DHeading2Char>

20.1.= Nomination of candidates for election as members of the Committee:
(a)       s= hall be made in writing, signed by two delegates of members of the Association a= nd accompanied by the written consent of the candidate (which may be endorsed = on the form of nomination); and
(b)       S= hall be delivered to the secretary of the Association not less than twenty-one (= 21) days before the date fixed for the holding of the annual general meeting.

20.2.= The Secretary shall circulat= e a list of all nominated members at least seven (7) days prior to the day of the meeting.

20.3.= If there is only one nominat= ion for a vacancy to be filled, then that candidate shall be deemed duly elected. If there are more than one nomination for a vacancy to be filled, then a ballot shall be conducted to determine the duly elected candidate. If there is no nomination for a vacancy to be filled, then further nominations may be soug= ht at the meeting.

20.4.= A candidate may be nominated= for more than one Office Bearer position, but shall not be elected to more than= one Office Bearer position.

20.5.The ballot for the election of the member= s of the Committee shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.

21.      =      PROCEEDINGS OF COMMITTEE

21.1.= The Committee shall meet at = least six (6) times in each calendar year at intervals of no more than two (2) calendar months at such place and such time as the Committee may determine.=

21.2.= Special meetings of the Comm= ittee may be convened by the President or on the written request of any three (3) members of the Committee.

21.3.= Notice shall be given to mem= bers 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.

21.4.= The Secretary shall give at = least seven (7) days notice of meeting of the Committee.

21.5.= A meeting summoned at shorte= r than seven (7) days notice shall nevertheless be constitutional if written notic= e of the meeting has been served on all members of the Committee and at least fo= ur (4) members of the Committee are present and vote to ratify the short notic= e of meeting.

21.6.= A quorum for the transaction= of the business of a meeting of the Committee shall consist of six (6) members of = the Committee.

21.7.= No business shall be transac= ted 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 t= he 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.

21.8.= At meetings of the Committee= :
(a)       t= he President or in his absence the Vice President shall preside; or
(b)       I= f the President and the Vice President are absent, such one of the remaining memb= ers of the Committee as may be chosen by the members present shall preside.

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

21.10.      =             Each member present at a meeting of the Committee or of any sub-committee appoin= ted by the Committee (including the person presiding at the meeting) is entitle= d to one vote and in the event of an equality of votes on any question, the pers= on presiding may exercise a second or casting vote.

21.11.      =             Written notice of each Committee Meeting shall be served on each of the Committee Members by delivering it to him at a reasonable time before the meeting or = by sending it by pre-paid post addressed to him at his usual or last known pla= ce of abode at least two business days prior to the meeting.

21.12.      =             Subject to sub-clause 6 the Committee may act notwithstanding any vacancy on the committee.

21.13.      =             A resolution passed by the Committee shall not be rescinded or altered unless= at least seven (7) days prior to the next meeting, notice of the intention to rescind or alter the resolution is given in writing to all members of the committee.

21.14.The Committee may appoint sub-committees for any purpose and may invest such sub-committees with any power consistent with this Constitution. The Presid= ent and The administrator may be ex-officio members of any sub-committee, excep= ting the disciplinary tribunal under clause 22.

22.      =      DISCIPLINARY TRIBUNAL PROCEEDINGS<= /a>

22.1.= The match and pennant Co-Ord= inator shall appoint a disciplinary tribunal to hear and settle alleged contravent= ions of the Rules of Australian Racquetball as adopted by this Association as submitted on a properly completed Match Report Form.

22.2.= This tribunal shall consist = of three (3) persons, appointed by the Match and Pennant Co-Ordinator as required, o= ne of whom shall be the Committee’s appointed tribunal representative; o= ther members of the general committee shall be ineligible to serve on this tribu= nal.

22.3.Any appeal against a decision of this tri= bunal must be made in writing and received by the Secretary within seven (7) days from the date of the tribunal’s decision being notified to the appell= ant, and the appeal shall be heard by the general committee within fourteen (14) days of the Secretary receiving the appeal. The Committee’s appointed tribunal representative shall be allowed to attend, but shall have no voting rights.

23.      =      EXPULSION OF A COMMITTEE MEMBER FROM OFFICE

23.1.For the purposes of these rules, the offi= ce of an officer of the Association or of an ordinary member of the Committee bec= omes vacant if the officer or ordinary member:
(a)       c= eases to be a member;
(b)       b= ecomes an insolvent under administration within the meeting of the Companies (Victoria) Code;
(c)       r= esigns his office by notice in writing given to the Secretary; or
(d)       is absent from three consecutive committee meetings, unless the reason for the absence is given to the Committee and is accepted by the Committee.

24.      =      REMOVAL OF A COMMITTEE MEMBER FROM OFFICE=

24.1.= The Association in general m= eeting may, by resolution, remove any member of the Committee before the expiratio= n of their term of office. Another member shall be elected to hold office until = the expiration of the term of the first-mentioned member.

24.2.= Where the member to whom a p= roposed resolution referred to in sub-clause I makes representations in writing to = the Secretary or President of the Association (not exceeding a reasonable lengt= h) and requests that this be notified to the members of the Association, the Secretary shall send a copy of the representations to each member of the Association, or if they are not so sent, the member may require that they be read out at the meeting.

24.3.A removed member shall be ineligible to b= e a Committee Member until the original resolution is rescinded by The Associat= ion in General Meeting.

25.      =      SECRETARY

25.1.The Secretary of the Association shall ke= ep minutes of the resolutions proceeding of each general meeting and each committee meeting in books provided for that purpose together with a record= of the names of persons present at committee meetings.

26.      =      TREASURER

26.1.= The Treasurer of the Associa= tion:
(a)       s= hall collect and receive all moneys due to the Association and make all payments authorised by the Association; and
(b)       s= hall keep correct accounts and books showing the financial affairs of the Associ= ation with full details of all receipts and expenditure connected with the activi= ties of the Association.

26.2.The accounts and books referred to in sub-clause I shall be available for inspection by members upon reasonable notice being given to the Treasurer.

27.      =      CHEQUES

27.1.All cheques, drafts. bills of exchange, promissory notes and other negotiable instruments shall be signed by two (2) office bearers of the Association.

28.      =      SEAL

28.1.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 signatures of two Office Bearers of the Committee.

29.      =      ALTERATION OF RULES AND STATEMENT OF PURPOSES

29.1.These Rules and the Statement Of Purposes= of the Association shall not be altered except in accordance with the Act.

30.      =      NOTICES

30.1.A notice may be served by or on behalf of= the Association upon any member either personally or by sending it by post to t= he member at his address shown in the Register of members. Where a document is proper= ly 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 cour= se of post.

31.      =      WINDING UP OR CANCELLATION

31.1.= 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 A= ct.

31.2.If upon a winding up or dissolution of the Association there remains after satisfaction of all its debts and liabiliti= es any property whatsoever, the same shall not be paid or distributed amongst = the members of the Association but shall be applied only to any charitable purp= ose or for the promoting of any community benefit.

32.      =      CUSTODY OF RECORDS

32.1.Except as otherwise provided in these Rul= es, the Secretary shall keep the custody or control of all books, documents and securities of the Association.

33.      =      FUNDS

33.1.The funds of the Association shall be der= ived from entrance fees, annual subscriptions, donations and such other sources = as the Committee determines.

34.      =      REMUNERATIONS

34.1.The income and property of the Club whencesoever derived shall be applied solely towards the promotion of the objects of the Association, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividends, bonus or otherwise howsoever by way of profit or gain to the individual members of the Association. Provided that nothing herein shall prevent the payment, in good faith, of reasonable and proper remuneration to any officer or servant or to any member of the Association in return for services actually rendered to t= he Association nor prevent the payment for out of pocket expenses, interest on money lent or reasonable and proper rent for premises demised or let by any officer or servant of the Association or member of the Association.

35.      =      AUDIT

35.1.= At the Annual general meetin= g in each year a registered auditor or auditors shall be appointed for the ensui= ng year. Should a casual vacancy occur, a replacement shall be appointed by the Committee.

35.2.The auditor appointed shall not be a memb= er of the Committee.

36.      =      INDEMNITY OF MEBERS OF COMMITTEE

36.1.Every officer or committee member of the Association and/or any other duly appointed person shall be indemnified by = the Association against all costs, losses and expenses which he may incur whilst acting, without negligence, in any authorised manner, on any authorised Association business. It shall be the duty of the Association to pay any su= ch costs, losses or expenses so incurred.

37.      =      BY-LAWS

37.1.The Committee shall have power from time = to time to make, delegate or amend By-Laws as it deems fit for the orderly administration and regulation of the affairs of the Association. Any such By-Laws amendments must be notified in writing by the Secretary to members within twenty-eight (28) days from the date of the amending resolution.

38.      =      RULES OF PLAYING AUSTRALIAN RACQUETBALL

38.1.= The Association shall adopt = the Rules of the Game of Australian Racquetball. as Approved by the Eastern Sub= urbs Racquetball Association Incorporated, for the conduct of racquetball matches conducted by it.

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APPLICATION= FOR MEMBERSHIP

Eastern Suburbs Racquetball Association Incorporated.