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CV Constitution

Statement of Purposes and Rules

(otherwise known as the Constitution)

of Chess Victoria Incorporated

(formerly Victorian Chess Association Incorporated)

Last amended: 8 February 2009,

CHESS VICTORIA INC

Founded 1938 Incorporated 1983 reg. no. A0000387H ABN 22 896 147 339

Affiliate of the Australian Chess Federation Inc, a member of the Fédération Internationale Des Échecs

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 1 of 12

STATEMENT OF PURPOSES

The purposes of Chess Victoria Incorporated are:-

1. to foster and control the game of chess in Victoria;

2. to represent the chess players of Victoria in all chess matters;

3. to conduct annual Victorian chess championships and other chess competitions for individuals and

teams;

4. to encourage excellence in the playing of chess, the promotion of chess and sportsmanship generally by

the presentation of prizes and awards;

5. to provide a forum for the discussion and resolution of questions relating to the playing and

administration of chess in Victoria;

6. to cooperate with other associations whose purposes and interests are in accord with those of the

Association;

7. to provide through the promotion of chess an activity whereby leisure time may be used in a manner

conducive to peaceful coexistence and enhanced quality of life; and

8. generally, to do all such things as the Association may deem appropriate to achieve the above purposes

or any of them.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 2 of 12

RULES

1. Name

The name of the incorporated association is "Chess Victoria Incorporated" (in these rules called "the

Association").

2. Definitions and Interpretation

(1) In these rules, unless the contrary intention appears, words importing the masculine gender shall include

the feminine, the singular shall include the plural and vice versa and the following definitions shall apply:

"the Act" means the Associations Incorporation Act 1981;

"the Regulations" means regulations under the Act;

"the Executive" means the committee of management of the Association;

"the Members of the Executive" means the officers of the Association;

"General Meeting" means a general meeting of members convened in accordance with

these rules;

"Financial Year" means the year ending on 30 September;

"Affiliation Year" means the year ending on 31 March;

"Club" means an association, society, club, institution, league, school, team,

organisation or other body formed or carried on for any lawful purpose but not for the

purpose of trading or securing pecuniary profit for its members;

"Affiliated Clubs" means both Fully Affiliated Clubs and Provisionally Affiliated Clubs;

"Senior Club Official" means a person the Executive regards as authorised to act on

behalf of a Club in matters relating to the affiliation of the Club and the appointment of

its representatives;

"Delegate" means a representative of a Fully Affiliated Club.

(2) In these rules, a reference to the secretary of the Association is a reference:-

(a) where a person holds office under these rules as secretary of the Association - to that person; and

(b) in any other case, to the public officer of the Association.

(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 of the Association

(1) Membership of the Association shall be limited to natural persons classified by the Association as:-

(a) Delegates;

(b) Members of the Executive; and

(c) Honorary life members.

(2) A natural person shall be eligible for membership of the Association as a Delegate upon receipt by the

secretary of written advice from a Senior Club Official from a Fully Affiliated Club to the effect that the

person is nominated by the Club to represent the Club as a Delegate.

(3) A person eligible for membership of the Association as a Delegate shall become a member of the

Association upon approval by the Executive of his nomination and entry of his name in the register of

members.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 3 of 12

(4) The number of persons who may be nominated as Delegates by a Fully Affiliated Club shall be based on

the number of persons used as the basis for calculation of the annual club affiliation fee paid by the club in

respect of the current Affiliation Year and shall be limited as follows:-

(a) no more than 1 Delegate nominated by a Fully Affiliated Club which had a total of 10 to 25 members

during the previous Affiliation Year;

(b) no more than 2 Delegates nominated by a Fully Affiliated Club which had a total of 26 to 40 members

during the previous Affiliation Year;

(c) no more than 3 Delegates nominated by a Fully Affiliated Club which had a total of 41 to 60 members

during the previous Affiliation Year;

(d) no more than 4 Delegates nominated by a Fully Affiliated Club which had a total of 61 to 80 members

during the previous Affiliation Year;

(e) no more than 5 Delegates nominated by a Fully Affiliated Club which had a total of 81 or more

members during the previous Affiliation Year.

(5) A Delegate shall cease to be a member of the Association:-

(a) if the Club which nominated him ceases to be a Fully Affiliated Club; or;

(b) if the Executive receives from a Senior Club Official from the Club which nominated the Delegate

written advice to the effect that he is no longer to be regarded as a representative of the Club; or

(c) if he resigns in writing to the president or secretary of the Association; or

(d) if he is absent from two consecutive General Meetings and no motion to the contrary is carried by a

General Meeting.

(6) For the purposes of sub-clause (5)(d), a Delegate shall be deemed absent if not present 15 minutes after

the time notified for the start of the meeting.

(7) A person who becomes a member of the Executive in accordance with these rules shall be a member of the

Association for as long as he is a Member of the Executive.

(8) Membership of the Association as an Honorary Life Member may be granted to persons who have

rendered outstanding service to the Association or to chess generally.

(9) The number of Honorary life Members at any one time shall not exceed five.

(10) Nomination for honorary life membership shall be made by the Executive, four-fifths of whom must

approve.

(11) Election to honorary life membership shall take place at a General Meeting and shall require a two-thirds

majority vote.

(12) Membership of the Association as an Honorary Life Member shall terminate:-

(a) if annulled by the same procedure as that by which it was granted; or

(b) if the Honorary Life Member resigns his life membership in writing to the president or secretary; or

(c) upon the death of the Honorary Life Member.

(13) A person who is not a member of the Association at the time of the incorporation of the Association (or

who was such a member at that time but has ceased to be a member) shall not be admitted to membership

except in accordance with these rules.

(14) A right, privilege or obligation of a person by reason of his membership of the Association:-

(a) is not capable of being transferred or transmitted to another person;

(b) terminates upon the cessation of his membership whether by death or resignation or otherwise.

(15) The secretary shall keep and maintain a register of members in which shall be entered the full name,

address and date of entry and deletion of the name of each member and the register shall be available for

inspection by members of the Association at the address of the secretary.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 4 of 12

4. Affiliation of Clubs

(1) The Association may grant status:-

(a) as a Provisionally Affiliated Club; or

(b) as a Fully Affiliated Club

to groups of persons with a common interest in accord with the purposes of the Association.

(2) Status as a Provisionally Affiliated Club may be granted by a two-thirds majority vote at an Executive or a

General Meeting if all fees payable by the Club in respect of the provisional affiliation of the Club have

been paid in full in advance to the Association.

(3) Status as a Fully Affiliated Club may be granted to a Provisionally Affiliated Club by a two-thirds

majority vote at a General Meeting if:-

(a) all fees payable by the Club to the Association have been paid in full;

(b) the Club has been provisionally affiliated throughout the previous 12 months;

(c) the Club is incorporated under the Act;

(d) the total number of persons the Executive regards as having been members of the Club at one time or

another during the previous Affiliation Year and at the time full affiliation is granted is in both cases

not fewer than the minimum required during the previous Affiliation Year to entitle a Club to

nominate one Delegate in accordance with rule 3 sub-clause (4); and

(e) such other requirements as the meeting may have are met.

(4) An Affiliated Club whose membership the Executive regards as fewer than the number required in the

previous Affiliation Year to entitle a Club to nominate one Delegate in accordance with rule 3 sub-clause

(4) shall be classified as a Provisionally Affiliated Club, regardless of whether or not the Club was

previously a Fully Affiliated Club.

(5) A Fully Affiliated Club which has not paid an account delivered to it in accordance with rule 13 shall, for

as long as the account remains unpaid during the 60-day period following delivery, be classified as a

Provisionally Affiliated Club; such a Club shall immediately regain status as a Fully Affiliated Club if the

account is paid in full to the Association within the 60-day period.

(6) If, at the expiration of the 60-day period following delivery of an account to an Affiliated Club, the

account has not been paid in full to the Association and no decision to the contrary has been taken by a

General Meeting, the Club shall be disaffiliated.

(7) The status of a Fully Affiliated Club shall change to that of a Provisionally Affiliated Club if that Club is

no longer incorporated under the Act or has not been incorporated under the Act.

(8) An Affiliated Club shall be required to:-

(a) make from time to time as required by the Executive a written declaration containing

(i) a list of names of all persons the Club regards as its members, all players representing the Club

in Association-run interclub competitions and such other persons as the Club may wish to

make eligible to become Registered Competitors in accordance with rule 5 — all of whom the

Executive may regard as members of the Club for the purposes of these rules;

(ii) the name and address of each person the Club nominates as a representative of the Club for the

purposes of eligibility for membership of the Association as a Delegate; and

(iii) such other information as may be provided for on membership declaration and affiliation

application/renewal forms provided by the Executive;

(b) provide each person whose name appears on the list mentioned in part (a) of this sub-clause with

written evidence that he is to be regarded as a member of the Club for Association purposes;

(c) unless otherwise decided by a General Meeting, pay in full to the Association within 60 days of an

account being delivered such amounts as the account indicates are payable by the Club; and

(d) comply with the rules, by-laws and resolutions of the Association and the rulings of its officers and

officials and refrain from activity prejudicial to the interests of the Association.

(9) An Affiliated Club shall be disaffiliated:-

(a) by a two-thirds majority vote at a General Meeting; or

(b) in accordance with sub-clause (6) for failure to pay an account; or,

(c) upon receipt by the secretary of advice in writing from a Senior Club Official from the Club to the

effect that the Club wishes to be regarded as disaffiliated.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 5 of 12

(10) Before regaining affiliation, a Club which has been disaffiliated for any reason shall be required to pay all

amounts payable by the Club to the Association and any joining fee or levy payable by an unaffiliated

Club applying to become a Provisionally Affiliated Club.

(11) A Club which has been disaffiliated for any reason may be reaffiliated only as a Provisionally Affiliated

Club and all rules governing the granting of status as a Provisionally Affiliated Club shall apply to a Club

which has been disaffiliated.

5. Registration of Players

(1) The Executive may grant status as a Registered Competitor:-

(a) to persons the Executive regards as members of an Affiliated Club; and

(b) to persons whose twentieth birthday is on or after 1 January of the year in which such status is

granted.

(2) Status as a Registered Competitor shall not be granted to a person who is not regarded by the Executive as

a member of an Affiliated Club unless:-

(a) that person’s twentieth birthday is on or after January 1 of the year in which such status is granted;

(b) such status is granted only for the purpose of enabling the person to participate in an activity which a

General Meeting has agreed need not be limited to members of Affiliated Clubs.

(3) The rights, privileges and obligations of Registered Competitors shall be as indicated in a by-law made in

accordance with these rules.

6. The Executive

(1) The affairs of the Association shall be managed by the Executive.

(2) The Executive may, subject to these rules, the Regulations and the Act, exercise all such powers and

functions as may be exercised by the Association other than those powers and functions that are required

by these rules to be exercised by General Meetings.

(3) Subject to these rules, the Regulations and the Act, the Executive has power to perform all such acts and

things as appear to the Executive to be appropriate for the proper management of the business and affairs

of the Association including without limiting the generality of the foregoing the power:-

(a) to fill casual vacancies arising in any office in the Association;

(b) to create and abolish offices other than those specified in these rules;

(c) to appoint and dismiss persons appointed to fill offices other than those specified in these rules;

(d) to determine the responsibilities of office-bearers.

(4) The Executive shall, within 14 days of the Association becoming a trustee of a trust, cause to be lodged

with the Registrar of Incorporated Associations particulars of the trust and a copy of any deed or other

instrument creating or embodying that trust.

(5) The Executive shall, within 14 days of the office becoming vacant, appoint as public officer a person who,

under the Act, is eligible to fill that office and shall ensure that all things which the public officer is

required to do to maintain the incorporation of the Association are done in accordance with the Act.

(6) The Executive shall ensure that:-

(a) all moneys due to the Association are collected;

(b) all payments made by the Association are authorised;

(c) correct accounts and books showing the financial affairs of the Association with full details of all

receipts and expenditure connected with the activities of the Association are kept; and

(d) the accounts and books referred to in this sub-clause are available for inspection by members of the

Association.

(7) The Executive shall ensure that minutes of the resolutions and proceedings of each Executive and General

Meeting are kept in books provided for that purpose together with a record of the names of persons present

at such meetings.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 6 of 12

(8) The Members of the Executive shall be:-

(a) a president;

(b) a senior vice-president, who shall be the immediate past president if willing;

(c) a treasurer;

(d) a secretary; and

(e) two other Members of the Executive who shall hold offices to be determined by the Executive.

(9) Each Member of the Executive shall, subject to these rules, hold office until the Annual General Meeting

next following the date of his election but is eligible for re-election.

(10) In the event of a casual vacancy in the office of a Member of the Executive, the Executive may, subject to

these rules, appoint another person to fill the vacant office and the person so appointed may continue in

office until the Annual General Meeting next following the date of his appointment.

(11) The Association in General Meeting may by resolution remove any Member of the Executive before the

expiration of his term of office and, subject to these rules, may appoint another person in his stead to hold

office until the expiration of the term of the Executive Member so removed.

(12) For the purposes of these rules, the office of a Member of the Executive becomes vacant if the Executive

Member:-

(a) becomes an insolvent under administration within the meaning of the Companies (Victoria) Code; or

(b) resigns his office by notice in writing given to the president or secretary; or

(c) is removed from office in accordance with sub-clause (11); or

(d) is absent from two consecutive or three in five consecutive Executive or General Meetings.

(13) For the purposes of sub-clause (12)(d), a Member of the Executive shall be deemed to be absent if not

present 15 minutes after the time notified for the start of the meeting.

7. The President

The president may, subject to these rules, the Regulations and the Act, exercise all such powers and functions as

may be exercised by the Executive other than those powers and functions that are required by these rules to be

exercised by Executive or General Meetings.

8. Meetings

General Meetings

(1) The secretary shall, at least 21 days before the date fixed for holding a General Meeting cause to be sent to

each Member of the Association at his address appearing in the register of members, a notice by email

when available, or unless requested otherwise, by pre-paid post stating the place, date and time of the

meeting, but accidental omission to give notice shall not invalidate a meeting.

(2) The right to vote at a General Meeting shall be limited to members of the Association as defined in rule 3

who are present at the meeting.

(3) Persons not entitled to vote at General Meetings but entitled to attend General Meetings shall be:-

(a) one representative from each Provisionally Affiliated Club; and

(b) such other persons as the Executive may from time to time invite.

(4) The quorum for a General Meeting called to consider the business of a previous General Meeting which

lapsed for want of a quorum and was not called by requisition shall be 75 per cent of the quorum that

would otherwise be required.

(5) In all cases other than that referred to in sub-clause (4), the quorum for a General Meeting shall be 20

members of the Association personally present and eligible to vote or 30 per cent of the total number of

members of the Association at the time, whichever is fewer.

(6) A General Meeting shall lapse if a quorum is not present within 30 minutes of the advertised starting time

of the meeting.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 7 of 12

(7) If notice of a General Meeting not called by requisition has been given in accordance with these rules and

the meeting lapses for want of a quorum, the meeting shall stand adjourned to the same day in the next

week at the same time and (unless another place is specified by written notice to all members given before

the day to which the meeting is adjourned) at the same place.

(8) The exact wording of each substantive motion and all amendments to each substantive motion it is

proposed be considered at a General Meeting shall be included on the notice convening the meeting.

(9) A member desiring to have a substantive motion or amendment to a substantive motion considered at a

General Meeting must convey the exact wording of the motion or amendment in writing to the president

or secretary in sufficient time for it to be included on the notice convening the meeting.

(10) Provided that a proposed motion or amendment submitted in accordance with sub-clause (9) is not

considered by all Members of the Executive to be outside the jurisdiction of a General Meeting, the

motion or amendment shall be included on the notice convening the next General Meeting.

(11) At a General Meeting a motion or amendment of which notice has not been given may be considered only

if it is of a purely procedural nature, or if:-

(a) it is not a motion or amendment to change the statement of purposes, rules or by-laws of the

Association; and

(b) two-thirds of those eligible to vote first agree that the matter is of such urgency that it cannot

reasonably be deferred and placed on notice for consideration at a future meeting,

(12) The person elected at the Annual General Meeting as General Meeting Chairman shall be entitled to

assume the chair at the start of each General Meeting.

Annual General Meeting

(13) The Secretary shall in each calendar year convene a General Meeting to be called the Annual General

Meeting.

(14) The Annual General Meeting shall be held in October or November on such day as the Executive

determines.

(15) The Annual General Meeting shall be specified as such in the notice convening it and shall be in addition

to any other General Meeting.

(16) The business of the Annual General Meeting shall be:-

(a) to confirm (if not previously confirmed by a General Meeting) the minutes of the last preceding

Annual General Meeting and of any General Meeting held since that meeting;

(b) to receive from the Executive reports on the activities of the Association during the preceding

financial year;

(c) receive and consider the financial statement submitted by the Association in accordance with section

30(3) of the Act;

(d) to receive the Auditor's report;

(e) to consider the granting of full affiliation to any eligible Provisionally Affiliated Clubs;

(f) to consider any Executive recommendations to grant honorary life membership;

(g) to elect a president, senior vice-president, treasurer, secretary and two other members of the

Executive;

(h) to elect a General Meeting Chairman and an Auditor, neither of whom shall be members of the

Executive; and

(i) to adopt an annual budget in accordance with rule 12;

(j) to make or amend by-laws of which notice has been given in accordance with these rules;

(k) to transact any special business of which notice has been given in accordance with these rules;

(l) to transact any other business that may be brought forward in accordance with these rules.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 8 of 12

March General Meeting

(17) If the Executive agrees that the need for a General Meeting exists, the Secretary shall in each calendar year

convene a General Meeting to be called the March General Meeting.

(18) The March General Meeting shall be held on such day in March as the Executive determines.

(19) The March General Meeting shall be specified as such in the notice convening it and shall be in addition

to any other General Meeting.

(20) The business of the March General Meeting shall be:-

(a) to confirm (if not previously confirmed by a General Meeting) the minutes of the last preceding

March General Meeting and of any General Meeting held since that meeting;

(b) to transact special business of which notice has been given in accordance with these rules.

Election of Office Bearers

(21) Elections of office-bearers referred to in (g) and (h) of sub clause 8(16) to be elected at the Annual

General Meeting shall be in accordance with the following:-

(a) nominations shall be in writing, signed by two members of the Association and the candidate and

shall be delivered to and close with the General Meeting Chairman immediately prior to the start of

the meeting;

(b) at the close of nominations, the offices shall be dealt with in the order in which they are referred to in

sub-clause (16)(g);

(c) if, at the close of nominations, there is but one eligible candidate for any office referred to in subclause

(16)(g), that candidate shall become an office-bearer-elect in respect of that office;

(d) a person who has become an office-bearer-elect shall not be eligible to be a candidate for any other

office referred to in sub-clause (16)(g);

(e) if, at the close of nominations, there are insufficient eligible candidates for a position, nominations for

the position shall be received during the meeting;

(f) if the number of eligible candidates for an office exceeds the number required to fill it, a vote by

secret ballot shall be taken at the meeting;

(g) ballot papers shall show candidates' names in an order to be determined by lot;

(h) preferential voting shall be used;

(i) any equality in voting to elect office-bearers shall be resolved by lot; and

(j) office-bearers elected at the Annual General Meeting shall assume office at the adjournment of the

meeting or, if not adjourned, at the end of the meeting.

Special General Meetings

(22) The secretary shall, whenever the Executive thinks fit, convene a special General Meeting and, where but

for this sub-clause, more than 15 months would lapse between Annual General Meetings, shall convene a

special General Meeting before the expiration of that period.

(23) The secretary shall, on the requisition in writing of not less than 10 per cent of the total number of

members of the Association, convene a special General Meeting.

(24) The requisition for a special General Meeting:-

(a) shall state the objects of the meeting;

(b) shall include the exact wording of each substantive motion and all amendments to each substantive

motion it is proposed be considered at the meeting;

(c) shall bear the signatures of the members of the Association requisitioning the meeting;

(d) shall be sent to the address of the secretary; and

(e) may consist of several documents in like form, each signed by one or more of the requisitionists.

(25) If the secretary does not cause 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 requisitionists or some of them may

convene a special General Meeting to be held not later than three months after that date.

(26) A special General Meeting convened by members in pursuance of these rules shall be convened in a

manner as similar as possible to that in which General Meetings are convened by the secretary and all

reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons

incurring the expenses.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 9 of 12

Executive Meetings

(27) The secretary shall convene a meeting of Members of the Executive whenever the president may require

and at such place and time as the president may determine.

(28) Notice of each Executive meeting shall be given to all Members of the Executive by such date and by

whatever means the Executive deems adequate and shall include such information concerning proposed

business as the Executive may require.

(29) The right to vote at an Executive meeting shall be limited to Members of the Executive present at the

meeting.

(30) Subject to the presence of a quorum, the Executive may act notwithstanding any vacancy on the

Executive.

(31) The quorum for an Executive meeting called to consider the business of a previous Executive meeting

which lapsed for want of a quorum and was not called by requisition shall be 75 per cent of the quorum

which would otherwise be required.

(32) In all cases other than that referred to in sub-clause (31) the quorum for an Executive meeting shall be four

Members of the Executive or 60 per cent of the total number of Members of the Executive at the time,

whichever is fewer.

(33) Unless an extension of time is agreed upon by all Executive members present for the start of an Executive

meeting, the meeting shall lapse if a quorum is not present within 30 minutes of the advertised starting

time of the meeting.

(34) The secretary shall within seven days of the receipt of written requisitions to that effect from three

Members of the Executive call an Executive meeting to be held within 15 days of such receipt.

(35) Notice of a requisitioned Executive meeting shall state the business it is desired to transact.

(36) If the secretary has not within the stipulated time called a duly requisitioned Executive meeting, the

requisitionists may themselves call it.

(37) The president shall be entitled to assume the chair at the start of each Executive meeting.

Meetings – Miscellaneous

(38) If the person who is entitled to assume the chair is unwilling or unable to serve as chairman, the convenor

of the meeting shall conduct an election of chairman.

(39) The chairman of a meeting 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, subject to these rules, no business shall be transacted at

an adjourned meeting other than that left unfinished at the meeting at which the adjournment took place.

(40) The chairman of a meeting shall be replaced if a motion to that effect is carried by a simple majority.

(41) Whether or not a person may vote shall not change because he is the chairman of a meeting.

(42) At any Executive or General Meeting, no person shall have more than one vote on any question.

(43) Voting by proxy is not permitted.

(44) Voting shall be by show of hands unless otherwise agreed at the meeting.

(45) If at a meeting a poll on any question is demanded by not less than three members, it shall be taken at that

meeting at such time and in such manner as the chairman may direct and the resolution of the poll shall be

deemed to be a resolution of the meeting on that question.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 10 of 12

(46) Unless a poll is demanded before or on the declaration of a show of hands, a declaration by the chairman

that a motion or amendment has on a show of hands been carried or lost and an entry to that effect in the

minutes of the meeting is evidence of that fact, without proof of the number or proportion of the votes

cast.

(47) In the case of an equality of voting on any question, the question shall be resolved so as to preserve the

status quo.

(48) No item of business shall be transacted at a meeting unless a quorum of those entitled to vote at the

meeting is present during the time when the meeting is considering that item.

(49) The rights of persons present at a meeting but not entitled to vote shall be determined by the Executive but

shall be subject to the will of the meeting.

9. Derivation and Application of Funds and Property

(1) The funds of the Association shall be derived from affiliation fees, registration fees, admission fees,

competition entry fees, fines, levies, entrance fees, subscriptions, donations and from such other sources as

the Act may permit incorporated associations to derive funds.

(2) The funds and the property of the Association, wheresoever derived, shall be applied solely towards the

objectives of the Association as indicated in its statement of purposes and any pecuniary profit that the

Association may make shall not be divided among or received by its members or some of them.

10. Fees, Fines and Levies

10 (1) All entrance fees, subscriptions and other amounts (if any) to be paid in respect of membership of the

Association shall be as shown in the budget most recently adopted at a General Meeting and, if no such

entrance fee, subscription or other amount so payable is shown therein, then no such amount shall be

payable.

(2) A Club seeking to affiliate or renew affiliation shall pay to the Association an affiliation fee comprising:-

(a) an amount to be known as the Fixed Amount; plus

(b) an amount produced by multiplying -

(i) a fee-per-member to be known as the Base Rate; by

(ii) a number equal to the number of persons the Executive regards as having been members of the

Club during the Club’s most recently completed membership year.

(3) If a Club has no membership year suitable for the purposes of sub-clause (2)(b)(ii), the period for such

purposes shall be determined by the Executive;

(4) The Fixed Amount and the Base Rate shall be shown in the budget most recently adopted at a General

Meeting.

(5) The Base Rate shall be reduced by a percentage to be determined by the Annual General Meeting in the

case of a Club in circumstances which the Annual General Meeting deems exceptional.

(6) For the purposes of granting provisional affiliation the Executive shall have power to determine whether

exceptional circumstances apply and by what percentage, if any, the Base Rate shall be reduced.

(7) The Association in General Meeting is empowered to impose from time to time such additional fee, fine or

levy as it may deem necessary for the advancement, benefit or promotion of the Association.

11. Banking and Payments

11 (1) The funds of the Association and all moneys received shall be deposited in the name of the Association in

such bank or other financial institution as the Executive may from time to time decide.

(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed

by any two of up to four members of the Executive. The Executive shall decide which of its members may

sign.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 11 of 12

12. Annual Budget

12 (1) The Executive shall cause to be distributed with the notice of the Annual General Meeting a proposed

budget.

(2) The proposed budget shall show all significant items of income and expenditure it is proposed be

received and incurred during the forthcoming Financial Year as well as the exact amount proposed as each

fee, fine, levy, entrance fee, subscription and other amount (if any) to be paid in respect of membership of

the Association, affiliation of Clubs and registration of players.

(3) Upon adoption by a General Meeting all fees shown in the adopted budget shall, subject to these rules,

become payable on dates to be determined by the Executive and all expenditure shown in the adopted

budget shall be deemed to be approved.

(4) Payment in respect of each item of unbudgeted expenditure in excess of an amount to be specified at the

time the budget is presented for adoption shall be approved at a General Meeting before payment is made.

(5) Until a new proposed budget is adopted by a General Meeting, all amounts referred to in sub-clause (2)

and sub-clause (4) shall remain unchanged from those most recently approved at a General Meeting, either

by the adoption of a previous year's annual budget or by other resolution.

13. Delivery of Documents, Notices and Accounts

13 (1) A document, notice or account may be served by or on behalf of the Association upon any member or

upon any person the Executive regards as authorised to receive it on behalf of a Club either personally or

by sending it by post to the member at his address shown in the register of members or, if not a member,

to his last known address.

(2) Where a document, notice or account is properly addressed, pre-paid and posted to a person as a letter, the

document, notice or account shall, unless the contrary is proved, be deemed to have been given to the

person at the time at which the letter would have been delivered in the ordinary course of post.

14. Common Seal and Custody of Records

14 (1) The common seal of the Association shall not be affixed to any instrument except by the authority of the

Executive and the affixing of the common seal shall be attested by the signatures of any two of the

president, treasurer and secretary.

(2) Except as otherwise provided in these rules, the secretary shall keep in his custody or under his control the

common seal and all books, documents and securities of the Association.

15. Alteration of Rules and Alteration of Statement of Purposes

15 (1) These rules and the statement of purposes of the Association shall not be altered except in accordance with

the Act.

(2) A proposal to alter these rules or the statement of purposes of the Association shall be a proposal to make

a special resolution as defined in the Act and shall require a majority of not less than three-fourths of such

members of the Association as are entitled under these rules to vote at a General Meeting.

(3) No motion or proposed amendment to a motion to change these rules or the statement of purposes of the

Association shall be considered at a General Meeting unless the exact wording of the motion or

amendment appears on or is part of the notice convening the meeting.

(4) The public officer of the Association shall, within one month after the passing of a special resolution

altering these rules or the statement of purposes, lodge with the Registrar of Incorporated Associations

notice in writing of the resolution setting out particulars of the alteration together with a declaration signed

by at least two members of the Executive to the effect that the special resolution was passed in accordance

with the Act.

Statement of Purposes & Rules (otherwise known as the Constitution) of Chess Victoria Incorporated — page 12 of 12

(5) An alteration of these rules or the statement of purposes of the Association is of no effect until:-

(a) sub-clause (4) has been complied with in respect of the alteration; and

(b) an indication that the alteration has been approved by the Registrar of Incorporated Associations

has been given to the president.

16. By-Laws and Resolutions

16 (1) By-laws not inconsistent with these rules, the statement of purposes of the Association and the Act may be

introduced and changed by a two-thirds majority at a General meeting provided that the exact wording of

each motion and proposed amendment to each motion to introduce or change each by-law appears on or is

part of the notice convening the meeting.

(2) Unless otherwise specified in these rules, a resolution of the Association shall be carried by a simple

majority and shall be binding until rescinded or rendered void by the making of a new resolution

inconsistent with that made previously.

17. Laws of Chess

17 Subject to such modifications as may be set down or implied in the rules for a given competition, all games

played in Association-run chess competitions shall be conducted in accordance with the most recently published

Federation Internationale Des Echecs version of the Laws of Chess and interpretations thereof.

18. Right of Appeal

18 (1) A party claiming to be significantly disadvantaged by an allegedly incorrect ruling given by an

Association official shall have a right of appeal to the president of the Association (or such deputy as the

president may from time to time appoint to act on his behalf in the matter of appeals - hereinafter implied

in the words “the president”).

(2) Notice of an appeal against a ruling of an Association official must be lodged with the president within a

reasonable time of the ruling and must attempt to substantiate the claim that the ruling is incorrect.

(3) Until such time as the president declares otherwise in respect of a ruling against which an appeal has been

lodged, the ruling shall stand.

(4) The president shall have power to determine all matters relating to the appeal including:-

(a) whether or not the appellant has been significantly disadvantaged;

(b) whether or not the appeal has been made within a reasonable time of the ruling;

(c) whether or not notice of the appeal shall be required in writing and, if so, within what period and to

whom the appellant shall be required to send copies of the notice of appeal and related papers, if any;

(d) whether or not the ruling given by the Association official shall be upheld or changed and, if changed,

what the ruling shall be;

(e) whether or not the appeal shall be dismissed or referred to an appeal committee and, if so referred, the

terms of reference, membership and quorum of the appeals committee;

(f) whether or not the findings of an appeals committee shall be accepted and, if not accepted, how the

appeal shall be resolved; and

(g) whether or not any penalties recommended by an appeal committee shall be imposed or varied.

19. Winding Up or Cancellation of Incorporation

19 In the event of the winding up or the cancellation of the incorporation of the Association, the assets of the

Association shall be disposed of in accordance with the provisions of the Act.

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