THE RULES OF CRACOVIA CLUB INC.

1.0 NAME OF ASSOCIATION
1.1 The name of the Association shall be Cracovia Club Inc. (in Polish language “Klub Cracovia").
1.2 In these rules, “the Association” means Cracovia Club Inc.; “the Act” means the Associations Incorporation Act 1987; “the Liquor Act” means the Liquor Licensing Act 1988; “member” means an ordinary financial member of the Club; “associate member” means an ordinary financial member other than ordinary member; “life member” means a non-financial member other than ordinary member and associate member; “the Committee” means the Committee of the Club; “the A.G.M.” means Annual General Meeting; “the E.G.M.” means Extraordinary General Meeting.
1.3 The Club is located at 375 Marshall Road in Bennett Springs (W.A.); postal address 111 Bennett Springs Road, Bennett Springs W.A. 6063.
2.0 OBJECTIVES OF THE CLUB
2.1 The objectives of the Club are:
2.1.1 To preserve Polish traditions and language and to cultivate and propagate the Polish cultural heritage;
2.1.2 To promote and foster various sport activities among the Club members;
2.1.3 To promote and foster social and cultural activities among the Club members;
2.1.4 To maintain land and the Club property and provide the clubhouse and other conveniences and facilitiesfor the use of the Club members and their guests;
2.1.5 To act, at all times, on behalf of and in the interest of the Club and its objectives;
2.1.6 To foster loyalty towards the Australian community and endeavour to develop Polish-Australian cultural co-operation.
2.2 The club shall be of a non-political character.
2.3 The property and income of the Club shall be applied solely towards the promotion of the objectives of the Club and no part of that property or income may be paid or otherwise distributed, directly or indirectly to members of the Club, except in good faith in the promotion of those objectives.
3.0 MEMBERS OF THE CLUB
3.1 The Club shall consist of not less than fifty ordinary members.
3.2 There shall be three types of Club memberships:

  1. Associate membership
  2. Ordinary membership
  3. Life membership
3.3 Associate member of the Club means a financial member other than ordinary member. Associate member is entitled to exercise such privileges of the Club as may be provided by the Rules, except they shall not be entitled to speak and vote at any General Meeting of the Club or be elected to the Committee. Associate membership is open to anyone who:

  1. Agrees to actively and continuously promote the Club's objectives by substantial and active contributions as specified in the sub rule 2.
3.4 A person who wishes to become an associate member shall apply for associate membership in writing in such a form as the Committee from time to time directs. Such application shall be signed by that person and by the proposer and a seconder - both being ordinary members or life members of the Club.
3.5 Ordinary member of the Club (“member”) means a financial member over the age of 18 who is entitled to exercise every right and privilege open to any ordinary member of the Club and shall be entitled to speak and vote at the General Meeting of the Club and be elected to the Committee. Ordinary membership of the Club is open to any person who:

  1. Held an associate membership of the Club for minimum of 12 months; In special circumstances the Committee may shorten this period to 6 months;
  2. Agrees to actively and continuously promote the Club's objectives by substantial and active contributions as specified in the sub rule 2.
3.6 The transition from associate membership to ordinary membership is not automatic. A person who wishes to become an ordinary member shall apply in writing to the Committee in such a form as the Committee from time to time directs. Such application shall be signed by that person and by a proposer and a seconder – both being ordinary or life members of the Club.
3.7 All applications shall be posted on the noticeboard of the Club for a period of not less than seven days before election, provided also that an interval of not less than two weeks shall elapse between nomination and election.
3.8 Life member of the Club means a person elected in accordance with the Rules who shall have rendered special services to the Club. Any ordinary member of the Club may apply to the Committee in writing to recommend another ordinary member to be awarded a life membership, minimum three (3) months before the next General Meeting. The Committee shall support or reject the application. Approved application shall be put to a vote at the General Meeting. Life members shall have full rights reserved for the ordinary membership, including the right to vote. Life members are also obligated to actively and continuously promote and support the Club's objectives by substantial and active contributions. If a life member does not adhere to the Club's objectives or his/her behaviour is detrimental to the well being of the Club, his/her membership may be revoked without notice. Number of life members shall not be greater than 20% of ordinary members.
3.9 The Committee shall consider each application for membership made under the sub-rules 3.3 and 3.5 at a Committee meeting and shall accept or reject that application. No reason will be given for rejected applications.
3.10 A defined annual, half yearly, quarterly or monthly subscription fees shall be payable in advance by ordinary and associate member.
3.11 Each member and associate member shall pay subscription to the Treasurer annually before 1 July being a new financial year. A member whose membership fee is not paid within 4 months after 1st of July ceases to be a member of the Club.
3.12 It is a rule that a Club member cannot be paid or employed by the Club and vice versa, a Club employee cannot become a member of the Club. This rule does not apply to a member of the Club who has been contracted for particular work and whose quote for that work is lower than that of other tradesmen.
4.0 TERMINATION OF MEMBERSHIP OF THE ASSOCIATIONMembership of the Association may be terminated upon:
4.1 Receipt by the Secretary of a notice (in writing) of resignation from a member.
4.2 Non-payment by a member of his/her subscription (clause 3.11).
4.3 Expulsion of a member in accordance with rule 5.
5.0 EXPULSION OR SUSPENSION OF MEMBERIf the Committee considers that a member should be expelled from the membership of the Club because his/her conduct is detrimental to the interests and objectives of the Club, the Committee shall communicate in writing to that member:

  1. Notice of the proposed expulsion and of the time, date and place of the Committee meeting at
  2. Particulars of that conduct, not less than 21 days before the date of the Committee meeting

Any such member, who in the opinion of the Committee does not adhere to the rules of the Club, shall then be suspended by two-thirds majority votes of the Committee.

5.1 Expelled member shall have the right to appeal, within 14 days, from the decision of the Committee to the` next General Meeting. The member who appeals does not cease to be a member until the decision of the Committee to expel him/her is confirmed by the General Meeting.
5.2 A member who in the opinion of the Committee does not adhere to the rules of the Club shall be suspended by two-thirds majority vote of the Committee. The suspension shall not exceed a 12 month period. Suspended member shall have no right to appeal.
6.0 REGISTER OF CLUB MEMBERS
6.1 The Secretary shall on behalf of the Club keep and maintain the register of Club members in respect of each type of membership, in accordance with section 27 of the Act and the Liquor Act. The register must be available for inspection at all times at the Club premises.
6.2 The Secretary shall delete the name of a person who dies or ceases to be a member of the Club under the rule 4.
7.0 GUESTS
7.1 The maximum number of guests per member per day for the purpose of section 48 (4)(b) of the Liquor Act is three (3).
7.2 The member inviting the guest shall be responsible for the proper conduct of the guest whilst on the Club premises.
7.3 A guest shall be supplied with liquor to be consumed on the Club premises only.
7.4 A member may, at his/her expense, and with the approval of the Committee, supply liquor to guests, without limitations at to number, at a function held by or on behalf of that member, at the Club premises.
7.5 Any person who has been refused membership of the Club or who is under the suspension or expulsion from the Club shall not be admitted as a guest of any member of the Club.
8.0 CONTROLLING AUTHORITY
8.1 The Controlling Authority of the Club shall be:

  1. The General Meeting which shall be the highest authority in the Club (see section 9)
  2. The Committee of the Club (see section 10)
  3. The Auditor of the Club (see section 11)
9.0 THE GENERAL MEETING
9.1 There are three (3) types of General Meetings:

  1. Annual General Meeting (A.G.M)
  2. Extraordinary General Meeting
  3. Electoral General Meeting
9.2 A.G.M. shall be convened annually no later than 4 months after the end of Club’s financial year. Every second year, A.G.M. will also be the Electoral General Meeting. The Extraordinary General Meeting shall be convened by the Committee on the resolution of the Committee or on request of one third of the Club members as per number registered at the last A.G.M. or on request of the Auditor. Participants in the General Meetings shall be Club members only. Members with the right to vote (each member shall have one vote) and associate members without the right to vote.
9.3 The discharging by a member of the annual subscription or other financial obligation to the Club is the essential condition for admission to the General Meeting.
9.4 General Meeting shall have the following powers:

  1. To determine guidelines for development of activities of the Club;
  2. To receive and approve the reports of the Controlling Authorities of the Club;
  3. To elect the President of the Club;
    1. General Meeting shall decide on the method of voting - an open vote or a secret ballot;
  4. To approve Committee members chosen by the newly elected President;
  5. To approve life memberships proposed by the Committee;
  6. To confirm or dismiss expulsion by the Committee of any members;
  7. To amend the rules;
  8. To vote on the dissolution of the Club;
  9. To decide on all matters affecting the Club, which are not restricted to other Controlling
9.5 General Meeting shall be validly assembled if was convened by the Committee according with the rules; and at least one third of all ordinary and life members as per number registered at the last A.G.M. are present. If the quorum is not reached, the meeting shall begin half an hour later on the same day and in the same place and shall be valid regardless of the number of ordinary and life members present.
9.6 Resolutions of the General Meeting shall be carried, if passed by a majority of votes unless otherwise stipulated by these rules.
9.7 The yearly ordinary A.G.M. shall be chaired by the President of the Club. The Secretary and two Assessors shall be elected at the meeting.
9.8 Electoral A.G.M. shall be chaired by the Chairman elected at the meeting; The Secretary and two Assessors shall also be elected at the meeting.
9.9 The Extraordinary General Meeting shall be chaired by the President of the Club. The Secretary and two Assessors shall be elected at the meeting.
9.10 The General Meeting shall be convened by the Committee of the Club. The notice of the meeting, including the proposed agenda and a copy of the auditor’s report shall be mailed to members at least 14 days before the nominated date.
9.11 The rules governing the Extraordinary General Meeting shall be the same as those for the Annual General Meeting.
10.0 THE COMMITTEE OF THE CLUB
10.1 The affairs of the Club shall be managed exclusively by the Committee and the following office bearers elected and approved by the Annual General Meeting, which consist of:

  1. President;
  2. Two Vice-Presidents;
  3. Secretary and Assistant Secretary;
  4. Treasurer and Assistant Treasurer; and
  5. Eight Committee members;
10.2 The Committee shall be in office for a two year term.
10.3 Any member of the Committee may resign from his/her position by expressing his/her intention to resign to the Committee.
10.4 A member of the Committee may be removed from the office if his/her conduct is deemed detrimental to the smooth running of the Committee. Such member may be removed from the Committee by the resolution of the majority of the Committee members.
10.5 If a member of the Committee fails to attend three (3) meetings of the Committee during the financial year, without a valid reason, such member may be removed by the resolution of the majority of the Committee members.
10.6 The Committee may appoint another member to any position of the Committee, which becomes vacant for any reason. Maximum of five (5) changes to Committee members is permitted during one financial year.
10.7 The Committee has the right to co opt two further members of the Committee.
10.8 The power and responsibilities of the Committee shall be:

  1. to manage the activities and finances of the Club
  2. to convene and prepare the A.G.M
  3. to admit new members to the Club or suspend or/and expel any members
  4. when necessary to appoint sub committees, representative bodies and all such institutions which may facilitate the realization of the aims of the Club. Chair of any such sub-committee shall be the member of the Committee.
10.9 The meeting of the Committee shall be convened by the President when deemed necessary, but at least once every second month.
10.10 The President may call a special meeting of the Committee at any time and shall also do so if requested in writing, by any five members of the Committee or twenty five ordinary members of the Club.
10.11 At a Committee meeting a majority of the Committee members constitute a quorum. Each Committee member has a deliberative vote. In case of equal number of votes, the person presiding the Committee meeting shall have a casting vote in addition to his/her deliberative voice.
10.12 Subject to these rules, the procedure and order of business to be followed at a Committee meeting shall be determined by the Committee members present at the Committee meeting.
10.13 The Association must not pay a Committee member any remuneration or provide any other financial benefits other than reimbursement of out of pocket expenses.
11.0 THE AUDITOR
11.1 The duty of the Auditor shall be to examine, at least once in a financial year, the administrative procedures and to audit the financial transactions of the Committee.
11.2 The Treasurer shall present the Auditor's report to the General Meeting and shall propose a motion that the Committee be absolved, on behalf of the Auditor.
11.3 The Auditor shall be independent and elected at the General Meeting or the Committee may employ services of a professional auditor.
12.0 SUPPLY OF LIQUOR
12.1 Supply of liquor at the Club shall be in accordance with the Liquor Licensing Act 1988 (the Liquor Act).
12.2 No liquor shall be sold or supplied to any juvenile (i.e. any person under the age of 18).
12.3 Bar Manager shall be appointed by the Committee.
12.4 The Club shall only be open for the sale of liquor during such hours (within hours permitted under the Liquor Act) as the Committee shall from time to time determine.
13.0 FUNDS
13.1 The funds of the Club shall be derived from:

  1. Subscription of members as determined by the Committee
  2. Sponsorship, donations, endowments, subsidies, grants and such other sources as determined by the Authorities of the Club.
  3. Other operations of the Club
13.2 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two members of the Committee as nominated by that Committee.
13.3 All petty cash expenses are to be substantiated with appropriate receipts or other proof of expenditure.
14.0 MINUTES OF MEETINGS OF THE CLUB
14.1 The Secretary shall cause proper minutes of all proceedings of all General Meetings and Committee meetings to be taken. Each minutes shall be signed by the Secretary and the Chairman.
14.2 The minutes of a General Meeting or a Committee meeting must be checked and corrected by the Chairperson of the next General or Committee meeting.
15.0 ALTERATIONS TO RULES
15.1 Amendments to the Rules may be made by the general meeting and no amendments shall be made unless at least three quarters (75%) of those present are cast in favour of the amendments. The amendments may be proposed by the Committee or by any member when seconded by two other members. The proposed amendments shall be included in the notice convening the general meeting.
15.2 As soon as is practicable after making of any proposal for a change to the Rules of the Club, the Secretary shall provide to the Director of Liquor Licensing, certified particulars of the proposed change. No effect will be given to the change without the prior approval of the Director of Liquor Licensing.
15.3 Any changes to the Club’s Rules shall be forwarded to the Consumer Protection for the approval.
16.0 DISSOLUTION OF THE CLUBThe Club shall be dissolved, if a motion to that effect is carried at a general meeting convened specially for this purpose and such meetings shall also determine the method of effecting the dissolution and disposition of the assets of the Club. For a motion of dissolution to take effect at least three quarters (75%) of votes of those present, entitled to vote must be cast in favour of the dissolution. If, on the winding up of the Club, any property of the Club remains after satisfaction of the debts and liabilities of the Club and the costs, charges and expenses of that winding up that property shall be distributed to another association incorporated under the Act.
17.0 COMMON SEALThe Common Seal of the Club shall be kept in the custody of the Secretary or other person nominated by the Committee and can be used only by the express authority of the Committee and every use of that seal shall be recorded in the minutes. The affixing of the Common Seal shall be attested by signature of any two of the President, the Secretary and the Treasurer.
18.0 CUSTODY OF RECORDS
18.1 The Committee shall cause proper books of accounts to be kept with respect:

  1. All sums of monies received and expended by the Club and the matters in respect of which the receipts and expenditure take place
  2. All sales and purchases of goods by the Club
  3. The assets and liabilities of the Club
  4. The financial records shall be prepared in accordance with applicable Australian Accounting Standards and other mandatory professional requirements
  5. The accounting policies shall be consistently applied as required by law
18.2 The books of account shall be kept at the office or at such other place or places as the Committee thinks fit and shall always be open, by appointment, to the inspection of the Committee or any member thereof.
18.3 Except as otherwise decided by the Committee for the time being, the Secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Club, and the Treasurer shall keep in his/her custody or under his/her control all books of accounts.
18.4 All such articles shall be made available for inspection by members, by appointment, at any reasonable time.
19.0 FURTHER RULESAny matter not covered by the above rules will be prescribed by Model Rules for Incorporated Associations (Associations Incorporation Act 1987, Associations Incorporation Regulations 1988 and the Liquor Licensing Act 1988).