EHBA Constitution (undated)
1. THE MANAGEMENT COMMITTEE (hereinafter referred to as “MANAGEMENT”
1.1 Shall meet not less than once in each calendar year during February to November
each year and not less than once in the period during December and January each year.
1.2 Any one member of Management shall have the power to call or direct the Secretary to call a meeting of Management.
1.3 The quorum for any Management Meeting shall be one more than half including the President or in the absence of the President then the quorum shall be more than half
1.4 Subject to the provisions for regular meetings, any irregular meeting shall be by notice in writing either posted to the last known address of the member or by electronic mail such that any such notice will be received giving at least two clear days notice of meeting.
1.5 A casual vacancy shall occur:
(i) In the event of death or resignation of a member of Management.
(ii) If a member of the Management fails to attend three consecutive regular meetings of Management without prior leave of absence from the Management.
1.6 In the case of such a vacancy, Management have the power to appoint a replacement in accordance with the Constitution.
1.7 Members of Management must vote in the person at any meeting of Management, a proxy votes are not permitted.
1.8 In the event that a member of Management has a conflict of interest, that member shall be excused from the meeting for the period that the matter is discussed.
(i) The conflict of interest may be disclosed by the member or may be raised by any other member.
(ii) If there is any doubt about a perceived conflict of interest, the conflict of interest issue shall be put to the vote of the meeting before the original matter shall be discussed.
(iii) In the event that the quorum cannot be maintained, the matter must either be adjourned or be referred to a Special General Meeting of the Association.
2 The President
2.1 Shall chair all meetings of the Association when present.
(a) In the absence of the President, the Vice President shall chair the meeting for the entirety of that meeting.
2.2 Shall be responsible for, liaison with Adelaide Hills Recreation Centre Incorporated (or its successor), the SA Country Basketball Council (or its successor).
2.3 At all meetings, the President shall have a deliberative vote and in the event of a tied vote, shall also have a casting vote.
2.4 Shall prepare the President’s Report to the AGM.
2.5 Shall be a member of the Executive and thereby, one of the three signatories to the accounts of the Association.
3 The Administrator
3.1 Secretarial Duties of the Administrator
3.1.1 shall attend all General Meetings and meetings of Management and carry out all direction given at any such meeting;
3.1.2 Shall attend to all clerical work of the Association assisted by such persons as Management may appoint.
3.1.3 Shall keep a written record of all Rules and By-Laws of the Association and rescissions, alterations or amendments thereto, including the date on which they came into force, and advise members of additions and alterations thereto as required by the Constitution;
3.1.4 Shall keep records of proceedings or all meetings or the Association and of its committees and produce them as required;
3.1.5 Shall keep in proper files all Association records and reports of committees, officers, delegates and official;
3.1.6 Shall obtain a direction from Management before deposing of any Association property or records;
3.1.7 Shall place before Management all applications for affiliation at the next meeting of Management held after the receipt of same;
3.1.8 Shall keep a “Record of Members Suspended” with date of suspension and reason therefore;
3.1.9 Shall keep a register of Office Bearers, all Affiliated Clubs and Colours and Uniforms of affiliated Clubs;
3.1.10 Shall carry out all such other duties as may be required under the Constitution, Rules and By-Laws;
3.2 Financial Duties of the Administrator
3.2.1 Shall be responsible (assisted by such person as Management may appoint) for the receipt of all moneys due to the Association which shall be deposited without undue delay to the credit of the Association’s Bank Accounts;
3.2.2 Shall be responsible directly or indirectly for issuing of official receipts for money received;
3.2.3 Shall pay in such manner as may be approved by Management all accounts and approved sums claimed against the Association, all amounts to be paid by cheque and such cheques shall be signed by at least two officers of the Association;
3.2.4 Shall arrange for all accounts in the name of the Association to be addressed to the Administrator;
3.2.5 Shall obtain adequate receipts or vouchers for all payments;
3.2.6 Shall be familiar with an accounting package and prepare GST and BAS forms as required by law;
3.2.7 Shall keep proper books and accounts and submit to each ordinary meeting of Management a comprehensive report of the duties performed since the date of the last report, which shall contain:
(a) Particulars of receipts and expenditure;
(b) The amounts owing by the Association together with accounts for payment;
(c) A list of those that have not met their obligations to the Association, and of the other amounts owing to the Association;
(d) The amount of funds available, substantiated by presentation of current bank statements; and
(e) Items, or an estimate of amount, of annually recurring expenditure, not yet paid, for which funds will be required;
3.2.8 Shall make no substantial alteration in the methods of dealing with receipts and expenditure, or in the form of accounts books and printed stationery without first obtaining a direction from Management;
3.2.9 Shall keep records of the property and assets of the Association;
3.2.10 Shall close and balance the books of the Association and present them audited at the Annual General Meeting;
3.2.11 Shall prepare an Annual Statement of Receipts and Expenditure and such other forms of account as may be required and submit them duly audited to the Annual General Meeting: and the audited original copy of such accounts shall be fixed in the minute book next to the minute of the Annual General Meeting at which they were read;
3.2.12 Shall cancel and stop payment of any cheque issued by the Association which is not presented and cleared by the bank within twelve months of the date of the cheque, which shall then be written off, and the payee shall lose all rights to the amount of the said cheque;
3.2.13 Shall be entitled to attend, ex officio, and receive a copy of the minute of the meeting of any sub committee, which may be dealing with matters involving the expenditure of association funds.
3.2.14 Shall be a member of the Executive and thereby, one of three signatories to the accounts of the Association
4 Vice President
4.1 Shall be elected by the Management;
4.2 Shall deputise for the President in his absence at any meeting of the Association;
4.3 Shall be a member of the Executive and thereby one of the signatories to the accounts of the Association.
5 Affiliation Procedure
5.1 Applications for affiliations shall be on the prescribed form and shall be lodged with the Administrator no later than the date prescribed.
5.2 Should an affiliated Club wish to alter any of the particulars as registered to that club:
(a) Changes to official and mailing addresses shall be notified within seven (7) days.
(b) Any change to uniforms or colours must be applied for to Management who shall rule on the applications at the next Management Meeting and notify the applicant within seven (7) days there after.
6 Team Nominations Procedure
6.1 Each club shall nominate its team on the prescribed form, prior to the prescribed closing date and with full payment.
6.2 Management shall draft the form, set date and nomination fees and have forms available for clubs no less than four (4) weeks prior to the closing date.
6.3 Any late application shall be accepted only if there are suitable vacancies in the program. Such Club shall have no right of appeal against any decision arising as a result of late entry.
6.4 The Administrator shall immediately notify Clubs that do not comply with regulations regarding nominations that their nomination cannot be considered unless the form is correct or the prescribed fees are paid as the case may be.
7 Players
7.1 All players come under The Code of Behaviour Policy.
7.2 All players must play in the registered uniform and colour of the club they represent.
7.3 Players and umpires must wear appropriate footwear. No player shall be permitted to wear jewellery or other such accessories, and the umpire shall insist on each player having short, unpointed nails.
(a) No match shall be delayed beyond the scheduled starting time to permit any offence to be rectified and, if the match must start, an offending player shall be under the same rules as a late player.
7.4 Any player playing basketball does so at his or her own risk. This includes the wearing of glasses or contact lenses.
7.5 All Players must be registered before they play their first match in any season. Should a player change names a new registration form shall be completed and lodged with the Administrator prior to their next match.
7.6 Playing a non-registered player will cause that team to be awarded nil premiership points and nil percentage as that match in which a non-registered player took part shall be recorded as a 20-0 win to the non-offending team. There shall be no forfeit fines and no refunds of match fees to any of the participants.
7.7 All matters arising out of the regulations regarding the registration and transfer of players shall be dealt with by Management which shall be guided by the regulations for the registration of players as detailed in theses Rules, Constitution and the By-Laws of the Association.
8 Clearances
8.1 No player shall change clubs without first obtaining a clearance from either the club they are leaving or from Management.
8.2 A player seeking a clearance shall:
(a) Complete the official clearance form
(b) Obtain the signature of a Club official of the Club they wish to join
(c) Deliver the clearance form to the Administrator who shall date the form, register the form and send the form to the Secretary of the Club from whom the clearance is sought,
(i) This registration process is to be done within 48 hours
(d) The clearance form must be returned by the Club from whom the clearance is sought within fourteen (14) days stating whether the player is cleared or if refused, the reason why the clearance was refused.
(e) In the event of a refusal of a clearance:
(i) The Club seeking the clearance may appeal to Management on behalf of the player where the refusal is considered unjustified.
(ii) Management shall convene a hearing to consider the clearance application and may grant or refuse the clearance.
(iii) All parties to the matter shall be invited to attend the hearing;
(f) In the event that either Club feel aggrieved by the decision of Management, the Club so aggrieved may appeal to the Tribunal Committee.
9. The Tribunal Committee
9.1 The Tribunal Committee shall be appointed by Management and shall consist of three respected members of the community who are not members of the Association or any affiliated Club. One member of the Tribunal shall be a Justice of the Peace.
9.2 The Tribunal Committee shall meet as directed by the Management to hear any reports of players, umpires, coaches, spectators or concerning clearances as per clause 8.2 (f).
9.3 The Tribunal Committee must convene within three (3) days of receipt of a directive from Management via Administrator.
(a) The notice shall include all details of the matter to be heard.
(a) A copy of the notice shall be sent to each club or person concerned in the matter who shall also be invited to attend the hearing.
9.4 The Tribunal Committee shall :
(a) Hear any report by an umpire concerning the conduct of any player or team during a match in which that umpire officiated.
(b) Hear any report by an umpire concerning the conduct of any player or team on the day of a match in which the umpire has officiated – that day ending 12 midnight.
(c) Hear any report by a member of Management who witnessed a reportable offence.
(d) Hear any report against an umpire, official or member of Management.
(e) Decide on any other report or any other matter, which may be referred to it by management.
9.5 The Tribunal Committee shall determine whether the club, player or person so charged is guilty or not guilty as charged.
9.6 If found guilty, the Tribunal Committee shall determine the penalty to be imposed
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9.7 A decision of the Tribunal Committee can only be appealed to the South Australian Country Basketball Association (SACBC) (or it successor) within fourteen (14) days of the decision.
9.8 All decisions of the Tribunal Committee shall be conveyed in writing to the Administrator who shall notify all persons concerned (and the SACBC in the case of suspensions).
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10 Standing Orders for the Conduct of Meetings
10.1 The rules in this part shall govern the conduct of any meeting of the Association. Management, except where specifically provided otherwise.
10.2 Notice of Meetings
(a) Failure to give notice of any general meeting to all clubs entitled thereto shall invalidate such meeting.
10.3 Meeting may be declared invalid if:
(a) The notice calling the meeting is not:
(i) In accordance with regulations.
(ii) Signed by the Administrator of the Association or the Convenor of the meeting; or
(b) No time is stated in the notice; or
(c) It is held at any other time or place than that stated on the notice; or
(d) The business to be discussed is not clearly and adequately stated on the notice whenever the regulations require that business shall be so stated.
10.4 A meeting shall not be valid if:
(a) Notice of meeting adjourned to a fixed date is not given: or
(b) All members entitled to be present attend and the majority agree to waive formalities with regard to the notice.
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10.5 The signature of any notice may be written or printed.
10.6 “Clear Days” means days (including Sundays and Public Holidays) exclusive of the day of service of the notice and that day of the meeting. The day of service is the day on which it would be received in the ordinary course of post. If the “clear” is not included in any regulations then the period shall be include the day of service and the day of the meeting
10.7 Representatives of the Press are excluded from all General Meetings.
11 Quorum:
(a) If, after the expiration of fifteen minutes from the time appointed for a meeting, there is not a quorum present, the meeting shall be abandoned.
(b) Where regulations provide for the presence of a quorum at meeting, a meeting is not valid and may not lawfully transact any business unless a quorum is present throughout the whole of the meeting.
(c) The person constituting a quorum are those competent to transact and vote upon the business before the meeting, including the Chairperson of such meeting
12 Chairperson:
(a) The President shall preside at all General Meetings and Meetings of Management, in the absence of the President, the Vice President shall preside.
(b) Except at the Annual General Meeting, if the Deputy Chairperson is elected to take the chair to open a meeting, he or she shall retain the Chair until the end of the meeting whether or not the person normally acting as Chairperson subsequently arrives at the meeting
12.1 The Chairperson of all meetings shall have both a deliberative and a casting vote but may refrain from exercising either right to vote.
(a) Should a motion be rejected because the Chairperson has elected not to exercise the right to use a casting vote the motion is defeated but may be brought forward again at a subsequent meeting.
12.2 Replacing the Chairperson:
(a) If during any meeting a new Chairperson is desired, the motion shall be that another person, whose name shall be stated, takes the chair.
(b) A motion that the Chairperson leaves the chair, if carried, will automatically adjourn the meeting.
(c) If the Chairperson leaves the meeting before adjourning or closing it, the members may elect a new Chairperson and continue the meeting.
(d) If the Chairperson incorrectly declares the meeting closed before the business is finalised, his declaration may be withdrawn.
12.3 The Chair person shall:
(a) Make sure that proper notice of meeting has been given;
(b) Make sure that a quorum is present;
(c) Conduct the meeting in accordance with the Constitution and Rules;
(d) In addressing the meeting be impartial and brief in his or her remarks;
(e) Preserve order, and for that purpose may instruct any person to withdraw, or refrain from speaking, or may adjourn the meeting;
(f) Give all members present a reasonable opportunity of speaking, but ensure that no member speaks for an undue length of time or unnecessarily repeats points that have already been before the meeting;
(g) Terminate any discussion which is not, at that time, relevant to the business before the meeting;
(h) See that the Minutes of each meeting are correct, and confirmed as soon as possible;
12.4 Vote of no confidence or resignation of the Chairperson;
(a) Any member challenging the efficiency of any Chairperson may move a vote of no confidence and if this is passed by two-thirds majority of the members present and entitled to vote then the Chairperson shall resign;
(b) Upon any such resignation of the President at a General Meeting, the members shall thereupon elect his successor;.
(c) Upon any such resignation of the President at a Management Meeting, Management shall appoint the Vice President to take the Chair until the conclusion of such meeting. Notice shall be given within seven days to the Secretary of each affiliated Club that the President has resigned and the notice shall state the name of the new person appointed by Management to fill the vacancy;.
(d) If the Chairperson rises to speak, all discussion shall cease until the Chairperson resumes their seat.
12.5 Point of Order
(a) The Chairperson in deciding a point of order at any meeting shall state the provision, rule or practice, which is deemed applicable, and the Chairperson’s decision shall be final unless a motion be moved and seconded that the chairperson’s ruling be disagreed with.
(i) If the motion is carried there shall be no further discussion of the matter, or of the business, which may have given rise to it, until the Administrator has obtained the opion on the point of order of a person acceptable to the Chairperson and to the meeting in writing.
12.6 Motions and Amendments
(a) No motion or amendment shall be withdrawn without the leave of the Chairperson and consent of the mover and seconder.
(b) A motion or amendment which is not passed at a meeting may not be brought before the same meeting (unless members agree to discuss the matter again) but the matter may be brought forward at a subsequent meeting
(c) Any resolution, which has been acted upon, being the authority under which such action is taken, may not be rescinded.
(i) A motion may be moved at a subsequent meeting to correct any error or omission or as a result of further information being presented.
(ii) Such motion may reverse the previous resolution in part or in whole.
(d) Any matter before the meeting my be differed by a motion to that effect provided that:
(i) A specific time is stated and
(ii) The motion is seconded and carried by the majority of those present and entitled to vote.
(e) The Chairperson of any meeting may announce, as business arising from the Minutes or on the Agenda is received, that such business is to be deferred, and if no member objects, that business shall be passed over until a time to be stated.
12.7 Amendments:
(a) An amendment moved and seconded is voted upon before the motion is put. If carried, the amendment becomes the motion and the motion as amended is put to the meeting. The original motion lapses.
(b) No second or subsequently amendments shall be received until the first amendment has been voted upon.
(c) An amendment, which is a direct negative of the motion, shall not be allowed.
12.8 Voting
(a) Voting at all meetings shall be by show of hands unless the regulations require a ballot or unless at least two of the members present and entitled to vote demand a ballot, whereupon a ballot shall be taken
(i) Any member may demand a division.
(ii) The vote is to be recounted by at least two persons and a count taken of the total number of persons entitled to vote in order to establish the require majority.
(iii) Those voting “for” or “against” will be divided on the floor of the meeting.
(b) When a ballot is required, the Chairperson shall determine the manner in which it is to be taken.
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12.9 Adjournment of meetings
(a) A motion to adjourn a meeting must state the time and date of the proposed adjournment. The motion to adjourn may not be moved during the election of officers or while another person is speaking
(b) The only amendments allowed to a motion for adjournment are as to time, date or place.
(c) A chairperson may only adjourn a meeting without a motion for adjournment when it has not been possible to maintain order.
12.10 Minutes of all meetings shall be kept and shall be set out in the following form:
(a) Description of nature of meeting, whether Annual, Special or adjourned, date and time;
(b) Names of all Management members present and the minutes of all general Meetings shall include Clubs present.
(c) Apologies, and names of management not present;
(d) Conformation of the Minutes of the previous meeting;
(e) Business arising from the Minutes;
(f) Correspondence and reports placed before the meeting;
(g) Record of business of the meeting in order in which is done, all motions and amendments to be set out in their exact words and whether carried or rejected;
(h) The time of arrival or departure of any member not present during the whole of the meeting;
(i) The time at which the meeting was declared closed or adjourned;
12.11 Signing of Minutes:
(a) When any Minutes are signed by the Chairperson as a true record without confirmation, he shall add the words “Signed as a true record without conformation” above his or her signature. The signing of minutes in this manner shall be reported to the Committee at the first opportunity.
(b) Minutes may not be altered after they have been signed. Any inaccuracy noted must be corrected and initialled by the Chairperson prior to signature.
(c) Minutes shall be prima facie evidence of the proceedings of a meeting and may only be proved to be inaccurate or incomplete by a unanimous decision of the person who was present at the meeting to which they relate.
12.12 Re-Opening previous Minutes matters:
(a) A member may not re-open any question decided at a previous meeting during the reading of the minutes until accuracy of the Minutes is confirmed.
(b) The member may, after the minutes have been signed and while Business Arising out of the minuted is before the meeting, propose a motion in relation to a previous decision.
13 Match Records
13.1 The match records shall be the basis for:
(a) All relevant grading enquiries
(b) The arrangement for all final matches
(c) Individual player awards
13.2 Any member of any Club disputing the records shall make a formal complaint in writing to the Administrator
14 General Rules
14.1 Each affiliated club shall be entitled to one copy of the Constitution, Rules and By-Laws of the Association.
14.2 Fees, Levies, subscriptions, registration fees and other payment to be made By Clubs and/or members shall be set by Management, if not determined at the Annual General Meeting.
14.3 No premiership points shall be allotted to any club or team playing an ineligible player or playing matches while any fees or fines remain unpaid unless such club applied in writing for, and has been granted, an extension of time for payment.
(a) Scores shall be recorded as 20-0 for the benefit of the non-offending team.
(b) Premiership points for the “win” shall be allotted to the non-offending team.
These Rules ends after clause 14.3 (b)
1. THE MANAGEMENT COMMITTEE (hereinafter referred to as “MANAGEMENT”
1.1 Shall meet not less than once in each calendar year during February to November
each year and not less than once in the period during December and January each year.
1.2 Any one member of Management shall have the power to call or direct the Secretary to call a meeting of Management.
1.3 The quorum for any Management Meeting shall be one more than half including the President or in the absence of the President then the quorum shall be more than half
1.4 Subject to the provisions for regular meetings, any irregular meeting shall be by notice in writing either posted to the last known address of the member or by electronic mail such that any such notice will be received giving at least two clear days notice of meeting.
1.5 A casual vacancy shall occur:
(i) In the event of death or resignation of a member of Management.
(ii) If a member of the Management fails to attend three consecutive regular meetings of Management without prior leave of absence from the Management.
1.6 In the case of such a vacancy, Management have the power to appoint a replacement in accordance with the Constitution.
1.7 Members of Management must vote in the person at any meeting of Management, a proxy votes are not permitted.
1.8 In the event that a member of Management has a conflict of interest, that member shall be excused from the meeting for the period that the matter is discussed.
(i) The conflict of interest may be disclosed by the member or may be raised by any other member.
(ii) If there is any doubt about a perceived conflict of interest, the conflict of interest issue shall be put to the vote of the meeting before the original matter shall be discussed.
(iii) In the event that the quorum cannot be maintained, the matter must either be adjourned or be referred to a Special General Meeting of the Association.
2 The President
2.1 Shall chair all meetings of the Association when present.
(a) In the absence of the President, the Vice President shall chair the meeting for the entirety of that meeting.
2.2 Shall be responsible for, liaison with Adelaide Hills Recreation Centre Incorporated (or its successor), the SA Country Basketball Council (or its successor).
2.3 At all meetings, the President shall have a deliberative vote and in the event of a tied vote, shall also have a casting vote.
2.4 Shall prepare the President’s Report to the AGM.
2.5 Shall be a member of the Executive and thereby, one of the three signatories to the accounts of the Association.
3 The Administrator
3.1 Secretarial Duties of the Administrator
3.1.1 shall attend all General Meetings and meetings of Management and carry out all direction given at any such meeting;
3.1.2 Shall attend to all clerical work of the Association assisted by such persons as Management may appoint.
3.1.3 Shall keep a written record of all Rules and By-Laws of the Association and rescissions, alterations or amendments thereto, including the date on which they came into force, and advise members of additions and alterations thereto as required by the Constitution;
3.1.4 Shall keep records of proceedings or all meetings or the Association and of its committees and produce them as required;
3.1.5 Shall keep in proper files all Association records and reports of committees, officers, delegates and official;
3.1.6 Shall obtain a direction from Management before deposing of any Association property or records;
3.1.7 Shall place before Management all applications for affiliation at the next meeting of Management held after the receipt of same;
3.1.8 Shall keep a “Record of Members Suspended” with date of suspension and reason therefore;
3.1.9 Shall keep a register of Office Bearers, all Affiliated Clubs and Colours and Uniforms of affiliated Clubs;
3.1.10 Shall carry out all such other duties as may be required under the Constitution, Rules and By-Laws;
3.2 Financial Duties of the Administrator
3.2.1 Shall be responsible (assisted by such person as Management may appoint) for the receipt of all moneys due to the Association which shall be deposited without undue delay to the credit of the Association’s Bank Accounts;
3.2.2 Shall be responsible directly or indirectly for issuing of official receipts for money received;
3.2.3 Shall pay in such manner as may be approved by Management all accounts and approved sums claimed against the Association, all amounts to be paid by cheque and such cheques shall be signed by at least two officers of the Association;
3.2.4 Shall arrange for all accounts in the name of the Association to be addressed to the Administrator;
3.2.5 Shall obtain adequate receipts or vouchers for all payments;
3.2.6 Shall be familiar with an accounting package and prepare GST and BAS forms as required by law;
3.2.7 Shall keep proper books and accounts and submit to each ordinary meeting of Management a comprehensive report of the duties performed since the date of the last report, which shall contain:
(a) Particulars of receipts and expenditure;
(b) The amounts owing by the Association together with accounts for payment;
(c) A list of those that have not met their obligations to the Association, and of the other amounts owing to the Association;
(d) The amount of funds available, substantiated by presentation of current bank statements; and
(e) Items, or an estimate of amount, of annually recurring expenditure, not yet paid, for which funds will be required;
3.2.8 Shall make no substantial alteration in the methods of dealing with receipts and expenditure, or in the form of accounts books and printed stationery without first obtaining a direction from Management;
3.2.9 Shall keep records of the property and assets of the Association;
3.2.10 Shall close and balance the books of the Association and present them audited at the Annual General Meeting;
3.2.11 Shall prepare an Annual Statement of Receipts and Expenditure and such other forms of account as may be required and submit them duly audited to the Annual General Meeting: and the audited original copy of such accounts shall be fixed in the minute book next to the minute of the Annual General Meeting at which they were read;
3.2.12 Shall cancel and stop payment of any cheque issued by the Association which is not presented and cleared by the bank within twelve months of the date of the cheque, which shall then be written off, and the payee shall lose all rights to the amount of the said cheque;
3.2.13 Shall be entitled to attend, ex officio, and receive a copy of the minute of the meeting of any sub committee, which may be dealing with matters involving the expenditure of association funds.
3.2.14 Shall be a member of the Executive and thereby, one of three signatories to the accounts of the Association
4 Vice President
4.1 Shall be elected by the Management;
4.2 Shall deputise for the President in his absence at any meeting of the Association;
4.3 Shall be a member of the Executive and thereby one of the signatories to the accounts of the Association.
5 Affiliation Procedure
5.1 Applications for affiliations shall be on the prescribed form and shall be lodged with the Administrator no later than the date prescribed.
5.2 Should an affiliated Club wish to alter any of the particulars as registered to that club:
(a) Changes to official and mailing addresses shall be notified within seven (7) days.
(b) Any change to uniforms or colours must be applied for to Management who shall rule on the applications at the next Management Meeting and notify the applicant within seven (7) days there after.
6 Team Nominations Procedure
6.1 Each club shall nominate its team on the prescribed form, prior to the prescribed closing date and with full payment.
6.2 Management shall draft the form, set date and nomination fees and have forms available for clubs no less than four (4) weeks prior to the closing date.
6.3 Any late application shall be accepted only if there are suitable vacancies in the program. Such Club shall have no right of appeal against any decision arising as a result of late entry.
6.4 The Administrator shall immediately notify Clubs that do not comply with regulations regarding nominations that their nomination cannot be considered unless the form is correct or the prescribed fees are paid as the case may be.
7 Players
7.1 All players come under The Code of Behaviour Policy.
7.2 All players must play in the registered uniform and colour of the club they represent.
7.3 Players and umpires must wear appropriate footwear. No player shall be permitted to wear jewellery or other such accessories, and the umpire shall insist on each player having short, unpointed nails.
(a) No match shall be delayed beyond the scheduled starting time to permit any offence to be rectified and, if the match must start, an offending player shall be under the same rules as a late player.
7.4 Any player playing basketball does so at his or her own risk. This includes the wearing of glasses or contact lenses.
7.5 All Players must be registered before they play their first match in any season. Should a player change names a new registration form shall be completed and lodged with the Administrator prior to their next match.
7.6 Playing a non-registered player will cause that team to be awarded nil premiership points and nil percentage as that match in which a non-registered player took part shall be recorded as a 20-0 win to the non-offending team. There shall be no forfeit fines and no refunds of match fees to any of the participants.
7.7 All matters arising out of the regulations regarding the registration and transfer of players shall be dealt with by Management which shall be guided by the regulations for the registration of players as detailed in theses Rules, Constitution and the By-Laws of the Association.
8 Clearances
8.1 No player shall change clubs without first obtaining a clearance from either the club they are leaving or from Management.
8.2 A player seeking a clearance shall:
(a) Complete the official clearance form
(b) Obtain the signature of a Club official of the Club they wish to join
(c) Deliver the clearance form to the Administrator who shall date the form, register the form and send the form to the Secretary of the Club from whom the clearance is sought,
(i) This registration process is to be done within 48 hours
(d) The clearance form must be returned by the Club from whom the clearance is sought within fourteen (14) days stating whether the player is cleared or if refused, the reason why the clearance was refused.
(e) In the event of a refusal of a clearance:
(i) The Club seeking the clearance may appeal to Management on behalf of the player where the refusal is considered unjustified.
(ii) Management shall convene a hearing to consider the clearance application and may grant or refuse the clearance.
(iii) All parties to the matter shall be invited to attend the hearing;
(f) In the event that either Club feel aggrieved by the decision of Management, the Club so aggrieved may appeal to the Tribunal Committee.
9. The Tribunal Committee
9.1 The Tribunal Committee shall be appointed by Management and shall consist of three respected members of the community who are not members of the Association or any affiliated Club. One member of the Tribunal shall be a Justice of the Peace.
9.2 The Tribunal Committee shall meet as directed by the Management to hear any reports of players, umpires, coaches, spectators or concerning clearances as per clause 8.2 (f).
9.3 The Tribunal Committee must convene within three (3) days of receipt of a directive from Management via Administrator.
(a) The notice shall include all details of the matter to be heard.
(a) A copy of the notice shall be sent to each club or person concerned in the matter who shall also be invited to attend the hearing.
9.4 The Tribunal Committee shall :
(a) Hear any report by an umpire concerning the conduct of any player or team during a match in which that umpire officiated.
(b) Hear any report by an umpire concerning the conduct of any player or team on the day of a match in which the umpire has officiated – that day ending 12 midnight.
(c) Hear any report by a member of Management who witnessed a reportable offence.
(d) Hear any report against an umpire, official or member of Management.
(e) Decide on any other report or any other matter, which may be referred to it by management.
9.5 The Tribunal Committee shall determine whether the club, player or person so charged is guilty or not guilty as charged.
9.6 If found guilty, the Tribunal Committee shall determine the penalty to be imposed
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9.7 A decision of the Tribunal Committee can only be appealed to the South Australian Country Basketball Association (SACBC) (or it successor) within fourteen (14) days of the decision.
9.8 All decisions of the Tribunal Committee shall be conveyed in writing to the Administrator who shall notify all persons concerned (and the SACBC in the case of suspensions).
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10 Standing Orders for the Conduct of Meetings
10.1 The rules in this part shall govern the conduct of any meeting of the Association. Management, except where specifically provided otherwise.
10.2 Notice of Meetings
(a) Failure to give notice of any general meeting to all clubs entitled thereto shall invalidate such meeting.
10.3 Meeting may be declared invalid if:
(a) The notice calling the meeting is not:
(i) In accordance with regulations.
(ii) Signed by the Administrator of the Association or the Convenor of the meeting; or
(b) No time is stated in the notice; or
(c) It is held at any other time or place than that stated on the notice; or
(d) The business to be discussed is not clearly and adequately stated on the notice whenever the regulations require that business shall be so stated.
10.4 A meeting shall not be valid if:
(a) Notice of meeting adjourned to a fixed date is not given: or
(b) All members entitled to be present attend and the majority agree to waive formalities with regard to the notice.
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10.5 The signature of any notice may be written or printed.
10.6 “Clear Days” means days (including Sundays and Public Holidays) exclusive of the day of service of the notice and that day of the meeting. The day of service is the day on which it would be received in the ordinary course of post. If the “clear” is not included in any regulations then the period shall be include the day of service and the day of the meeting
10.7 Representatives of the Press are excluded from all General Meetings.
11 Quorum:
(a) If, after the expiration of fifteen minutes from the time appointed for a meeting, there is not a quorum present, the meeting shall be abandoned.
(b) Where regulations provide for the presence of a quorum at meeting, a meeting is not valid and may not lawfully transact any business unless a quorum is present throughout the whole of the meeting.
(c) The person constituting a quorum are those competent to transact and vote upon the business before the meeting, including the Chairperson of such meeting
12 Chairperson:
(a) The President shall preside at all General Meetings and Meetings of Management, in the absence of the President, the Vice President shall preside.
(b) Except at the Annual General Meeting, if the Deputy Chairperson is elected to take the chair to open a meeting, he or she shall retain the Chair until the end of the meeting whether or not the person normally acting as Chairperson subsequently arrives at the meeting
12.1 The Chairperson of all meetings shall have both a deliberative and a casting vote but may refrain from exercising either right to vote.
(a) Should a motion be rejected because the Chairperson has elected not to exercise the right to use a casting vote the motion is defeated but may be brought forward again at a subsequent meeting.
12.2 Replacing the Chairperson:
(a) If during any meeting a new Chairperson is desired, the motion shall be that another person, whose name shall be stated, takes the chair.
(b) A motion that the Chairperson leaves the chair, if carried, will automatically adjourn the meeting.
(c) If the Chairperson leaves the meeting before adjourning or closing it, the members may elect a new Chairperson and continue the meeting.
(d) If the Chairperson incorrectly declares the meeting closed before the business is finalised, his declaration may be withdrawn.
12.3 The Chair person shall:
(a) Make sure that proper notice of meeting has been given;
(b) Make sure that a quorum is present;
(c) Conduct the meeting in accordance with the Constitution and Rules;
(d) In addressing the meeting be impartial and brief in his or her remarks;
(e) Preserve order, and for that purpose may instruct any person to withdraw, or refrain from speaking, or may adjourn the meeting;
(f) Give all members present a reasonable opportunity of speaking, but ensure that no member speaks for an undue length of time or unnecessarily repeats points that have already been before the meeting;
(g) Terminate any discussion which is not, at that time, relevant to the business before the meeting;
(h) See that the Minutes of each meeting are correct, and confirmed as soon as possible;
12.4 Vote of no confidence or resignation of the Chairperson;
(a) Any member challenging the efficiency of any Chairperson may move a vote of no confidence and if this is passed by two-thirds majority of the members present and entitled to vote then the Chairperson shall resign;
(b) Upon any such resignation of the President at a General Meeting, the members shall thereupon elect his successor;.
(c) Upon any such resignation of the President at a Management Meeting, Management shall appoint the Vice President to take the Chair until the conclusion of such meeting. Notice shall be given within seven days to the Secretary of each affiliated Club that the President has resigned and the notice shall state the name of the new person appointed by Management to fill the vacancy;.
(d) If the Chairperson rises to speak, all discussion shall cease until the Chairperson resumes their seat.
12.5 Point of Order
(a) The Chairperson in deciding a point of order at any meeting shall state the provision, rule or practice, which is deemed applicable, and the Chairperson’s decision shall be final unless a motion be moved and seconded that the chairperson’s ruling be disagreed with.
(i) If the motion is carried there shall be no further discussion of the matter, or of the business, which may have given rise to it, until the Administrator has obtained the opion on the point of order of a person acceptable to the Chairperson and to the meeting in writing.
12.6 Motions and Amendments
(a) No motion or amendment shall be withdrawn without the leave of the Chairperson and consent of the mover and seconder.
(b) A motion or amendment which is not passed at a meeting may not be brought before the same meeting (unless members agree to discuss the matter again) but the matter may be brought forward at a subsequent meeting
(c) Any resolution, which has been acted upon, being the authority under which such action is taken, may not be rescinded.
(i) A motion may be moved at a subsequent meeting to correct any error or omission or as a result of further information being presented.
(ii) Such motion may reverse the previous resolution in part or in whole.
(d) Any matter before the meeting my be differed by a motion to that effect provided that:
(i) A specific time is stated and
(ii) The motion is seconded and carried by the majority of those present and entitled to vote.
(e) The Chairperson of any meeting may announce, as business arising from the Minutes or on the Agenda is received, that such business is to be deferred, and if no member objects, that business shall be passed over until a time to be stated.
12.7 Amendments:
(a) An amendment moved and seconded is voted upon before the motion is put. If carried, the amendment becomes the motion and the motion as amended is put to the meeting. The original motion lapses.
(b) No second or subsequently amendments shall be received until the first amendment has been voted upon.
(c) An amendment, which is a direct negative of the motion, shall not be allowed.
12.8 Voting
(a) Voting at all meetings shall be by show of hands unless the regulations require a ballot or unless at least two of the members present and entitled to vote demand a ballot, whereupon a ballot shall be taken
(i) Any member may demand a division.
(ii) The vote is to be recounted by at least two persons and a count taken of the total number of persons entitled to vote in order to establish the require majority.
(iii) Those voting “for” or “against” will be divided on the floor of the meeting.
(b) When a ballot is required, the Chairperson shall determine the manner in which it is to be taken.
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12.9 Adjournment of meetings
(a) A motion to adjourn a meeting must state the time and date of the proposed adjournment. The motion to adjourn may not be moved during the election of officers or while another person is speaking
(b) The only amendments allowed to a motion for adjournment are as to time, date or place.
(c) A chairperson may only adjourn a meeting without a motion for adjournment when it has not been possible to maintain order.
12.10 Minutes of all meetings shall be kept and shall be set out in the following form:
(a) Description of nature of meeting, whether Annual, Special or adjourned, date and time;
(b) Names of all Management members present and the minutes of all general Meetings shall include Clubs present.
(c) Apologies, and names of management not present;
(d) Conformation of the Minutes of the previous meeting;
(e) Business arising from the Minutes;
(f) Correspondence and reports placed before the meeting;
(g) Record of business of the meeting in order in which is done, all motions and amendments to be set out in their exact words and whether carried or rejected;
(h) The time of arrival or departure of any member not present during the whole of the meeting;
(i) The time at which the meeting was declared closed or adjourned;
12.11 Signing of Minutes:
(a) When any Minutes are signed by the Chairperson as a true record without confirmation, he shall add the words “Signed as a true record without conformation” above his or her signature. The signing of minutes in this manner shall be reported to the Committee at the first opportunity.
(b) Minutes may not be altered after they have been signed. Any inaccuracy noted must be corrected and initialled by the Chairperson prior to signature.
(c) Minutes shall be prima facie evidence of the proceedings of a meeting and may only be proved to be inaccurate or incomplete by a unanimous decision of the person who was present at the meeting to which they relate.
12.12 Re-Opening previous Minutes matters:
(a) A member may not re-open any question decided at a previous meeting during the reading of the minutes until accuracy of the Minutes is confirmed.
(b) The member may, after the minutes have been signed and while Business Arising out of the minuted is before the meeting, propose a motion in relation to a previous decision.
13 Match Records
13.1 The match records shall be the basis for:
(a) All relevant grading enquiries
(b) The arrangement for all final matches
(c) Individual player awards
13.2 Any member of any Club disputing the records shall make a formal complaint in writing to the Administrator
14 General Rules
14.1 Each affiliated club shall be entitled to one copy of the Constitution, Rules and By-Laws of the Association.
14.2 Fees, Levies, subscriptions, registration fees and other payment to be made By Clubs and/or members shall be set by Management, if not determined at the Annual General Meeting.
14.3 No premiership points shall be allotted to any club or team playing an ineligible player or playing matches while any fees or fines remain unpaid unless such club applied in writing for, and has been granted, an extension of time for payment.
(a) Scores shall be recorded as 20-0 for the benefit of the non-offending team.
(b) Premiership points for the “win” shall be allotted to the non-offending team.
These Rules ends after clause 14.3 (b)
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