Jaguar Car Club of Victoria By-laws and Rules

Transcription

1 Jaguar Car Club of Victoria By-laws and Rules June 2017 Version 8 This document is complimentary to the Constitution of the Club. If a conflict arises between these By-laws & Rules and the Constitution then the Constitution shall prevail. Club Logo The complete Club Logo as depicted above is the property of the Jaguar Car Club of Victoria and any and all subsequent Logo s as approved by Committee from time to time shall be the property of the Club. However, the Leaper incorporated in it is the intellectual property of Jaguar Australia which is the sole owner of it and all other Jaguar logos and trademarks. Jaguar Australia allows the use of this intellectual property by the Jaguar Car Club of Victoria in appropriate circumstances including use of the Leaper and related intellectual properties on Club stationary and on limited quantities of merchandise produced by the Club for sale to Members and on signs and related materials created for Club events. The Committee shall determine how the Club may use the Club Logo and Jaguar logos for all and any applications to ensure that we acknowledge Jaguar Australia s ownership rights and keep within the use limits specified by Jaguar Australia. The editor of CAT-A-LOG, the monthly publication of the Club, shall be responsible for maintaining a specification of the Club Logo including such items as PMS colours, font type, scaling and set out in the form currently defined by Jaguar Australia. The editor shall not pass these details to any third party or commercial enterprise outside the Club without the specific permission of the President or the Committee to ensure correct usage. Page 1 of 29

2 Index Page Number Alterations and additions...3 Approval of expenditure of Club funds by the Committee...3 CAT-A-LOG magazine...4 Club Permit Scheme - Victoria...4 Club awards and recognitions...6 Club Business Meetings...7 Club hoist...7 Club library...7 Club Logo...1 Club Management Committee (Committee...8 Club property...10 Clubrooms...10 Club Runs...11 Code of Conduct for all Members...11 Code of Conduct for Committee Members including Directors...11 Compliance of track events with regulations CAMS regulated events AASA regulated events...12 Country Registers...13 Definitions and interpretations...13 Directors qualifications and responsibilities...13 Discipline of Members...14 Guests...16 Immediate Past President...16 Liquor...16 Management of Mark1 historic Jaguar and its trailer...17 Members addresses and notices...18 Membership Ordinary Membership Temporary Membership Life Membership Honorary Membership Country Membership Absent Membership Reciprocal Membership Family Membership...20 Model agenda for Annual General Meeting...20 Model Registers...21 Name of Club...22 New Member joining fees...22 Nomination and voting procedures for Office of the Club...22 Other Club assets...24 Outstanding monies...24 Privacy policy...25 Prohibition of using Club name and address...26 Regalia...27 Register of Member s Jaguar and Daimler cars...27 Register of Members...27 Register Secretaries...28 Page 2 of 29

3 Resignation of Membership...28 Sub-Committees...28 Subscriptions...28 Annexure 1: Draft Nomination Form for Office of the Club...29 Alterations and additions These Bylaws and Rules may be altered, deleted or added to by unanimous agreement of Committee Members. When a change is proposed that change must be made available to all Members together with an explanation of the reason for the change and feedback sought from Members. The proposed change will be posted on the Club s website and a notice of posting must be placed in CAT-A-LOG. A paper copy of the proposed change will be supplied on a request from a Member. If 10 or more Members oppose the change within 30 days of its publication then the Committee shall call a Club Business Meeting to discuss the change and resolve the issue with Members. A two-thirds majority of those Members who attend the meeting at a vote on a resolution shall be final. Approval of expenditure of Club funds by the Committee. 1.Regular expenditure There are items of expenditure of a regular nature that are necessary for the smooth running of the Club and approval of expenditure on these individual items is not required by the Committee providing the item is included in the annual Club budget previously approved by the Committee. Some of these regular items are: Supper costs for Club Monthly Meetings and other meeting costs CAT-A-LOG printing and postage costs CAT-A-LOG production expenses General postage costs Purchase of regalia Social and track events that are a fixed activity in the Club calendar Insurance policies costs. State Concours costs Professional costs for accounting and auditing Affiliation fees Library costs Country Register support costs There are other items that are of a regular nature that are not listed above. All these regular events must be detailed in the preparation of the Club s annual budget and approved with the submission of the Club budget. For this process to operate: Regular expenditure items are to be identified, costed and listed by the Treasurer in the annual budget preparation document These items are to be reviewed annually and re-costed as necessary Committee approval of expenditure is required on regular items where the expected cost is the lesser of more than 50% over budget or more than $500 over budget 2.Irregular expenditure Throughout any year there are requirements for the expenditure of Club funds on an as needs basis. For instance: The purchase of hardware/software to support records management, Special events approved by the Committee Engagement of Consultants not allowed for in the budget Page 3 of 29

4 Equipment failures These irregular expenditure items require funding approval item by item based on a quotation obtained for the expenditure. The limits of authority to spend funds on irregular items are: Expenditure of less than $200 requires Treasurer approval Expenditure of $200 to $500 requires Treasurer plus President or Vice President approval Expenditure of more than $500 requires a submission to the Committee and the approval by the majority of the Committee. Any extension of the cost of an item is not permitted without the Committee s approval. CAT-A-LOG magazine The Club magazine, CAT-A-LOG, is and shall remain the property of the Jaguar Car Club of Victoria. The Committee of the Club and thence the Editor of CAT-A-LOG shall publish a minimum of 11 issues of the magazine in each calendar year. All Ordinary and Country Members shall receive each edition of the magazine provided that they are fully paid up financial Members at the time of publication. Honorary and Life Members shall also be provided with each edition of the magazine. The Editor and subsequently the Committee shall have the power of veto with respect to content, tone and subject matter submitted for publication. Unless specific arrangements have been made, the Club shall withdraw advertising from CAT-A- LOG where the advertiser has an outstanding debt with the Club, defined as unpaid 90 days after date of invoice. Should the debt continue to remain outstanding, the Treasurer shall use all reasonable means to recover such debt and once recovered any future advertising by the same advertiser shall be on a paid in advance basis. The content of CAT-A-LOG shall provide Members with articles, photographs, future events, new Member details, for sale items, advertising, editorial, and any and all topics related to the Club and/or the Jaguar marque. Club Permit Logbook Scheme June 2017 Background The Victorian Club Permit Logbook Scheme (CPS) came into operation on 1 February The scheme allows the use of vehicles over 25 years old on a rolling basis to be used on Victorian roads and the roads of all other states and territories (except WA - under review in 2011) for a period of 90 or 45 days per annum with each day's use requiring an entry in the logbook as supplied by VicRoads. The scheme provides an alternative to full road registration as it allows owners to drive their vehicles on public roads to participate in Club events as listed in CAT-A-LOG or for specific private use. The Club cars which are eligible to receive a Club Permit are SS cars, SS Jaguar, Jaguar and Jaguar built Daimler. These are the cars listed in the Club's Constitution under the heading Objectives as of primary interest to the Club. In this document, the word Jaguar encompasses all cars falling within the above four named groups of cars. This eligibility starts at the SS1 car which started production in 1931 and all others up to June 1992 (at the date of this document, June 2017). Replicas are allowed but sidecars are excluded. Page 4 of 29

5 Club policy 1. The Club operates the CPS under the rules contained in the Victorian Club Permit Logbook Scheme, AOMC Handbook of June It is essential that Members and prospective members read this document before renewing a Club Permit or applying for a new one as there are many rules that apply to this scheme. 2. The Club Committee endorses the Club Permit Officer (CPO) as the Authorised Officer to administer the operation of this scheme. 3. A CPS permit holder must be a financial or Life Member of the Club. 4. A Member included as the spouse or partner of a Primary Member is considered to be a Financial Member and is eligible to participate in the JCCV Club Permit Scheme. 5. The Club is obliged under its Deed of Agreement with VicRoads to: a) ensure that CPS vehicles in the Club are operated in accordance with the requirements of the scheme. b) notify VicRoads if a CPS permit holder becomes un-financial. c) advise VicRoads if a pattern of incorrect use of a logbook by one of its Members is suspected. d) notify VicRoads if a CPS vehicle has been sold or otherwise disposed of and the permit logbook and club permit have not been destroyed as required by the regulations and the CPS plates were not removed. e) advise VicRoads if a vehicle operated under the CPS is not an eligible vehicle. f) notify a Club Member owner if it is aware that a CPS vehicle may be unsafe for use on a highway or road and require the issue to be rectified within 14 days and advise VicRoads if it has not been restored to safe condition. 6. The Club accepts only a current Victorian Roadworthy Certificate as certification of vehicle safety for eligibility under the CPS. 7. A Member must be a Member of the Club for a minimum of 30 days before being eligible to apply for a Club Permit under the Club's CPS for a Jaguar and 12-months for a non-jaguar. 8. The Club provides this scheme in support of the objectives of the Club as set out in the Club's Constitution (for example, preservation of the Jaguar marque) consequently a) there is no limit on the number of Jaguars that a Member may include on this scheme but a Club Permit is required for each. b) while it is intended that only Jaguars are noted on the Club's CPS, if a Member is the current owner of a Jaguar, then that Member may place a vehicle of another manufacture on the Club's CPS. A Club Permit is required for that vehicle. In this case the Club and the Member must follow all the rules as set out here and in the AOMC Handbook as if it were a Jaguar. c) a maximum of 3 non Jaguars may be placed on the Club's CPS by a Member but a Club Permit is required for each. d) motorbikes are not permitted under the Club's CPS. 9. If any dispute arises with regard to the Club's operation of the CPS that is not covered by VicRoads legislation or the AOMC Handbook then the matter is to be brought before the Club Committee. The decision of the Club Committee shall in such a case be final and binding on the Club and the Member. 10. Please note that given the significant benefits and modest fees of the CPS, abuse of the scheme could result in far reaching implications to the individual, the Club and the permit scheme in general, such as a) fines for driving an unregistered vehicle b) loss of an individual s Club Permit c) loss of the Club's authority to operate the CPS d) cancellation of the CPS for all enthusiasts The Club takes its obligations under the CPS very seriously. Page 5 of 29

6 Note to prospective Members Prospective members applying for Membership of the Club for the purpose of operating a vehicle under the CPS should note the following: a) Allow ample time for your Club Membership to be processed in the normal course of Club business. b) Applicants for a CPS permit should be aware that Victorian Roadworthy Certificates typically have a validity of 30 days. This should be taken into account as well as ensuring that the minimum membership period, identified in item 7 above, is satisfied before submitting your application for the CPS permit. Application Process To apply for a Club Permit, an application form for Club Permit and Transport Injury Protection must be obtained from VicRoads. The relevant details need to be completed and the authorised Club Permit Officer (See the list of Club officials in CAT-A-LOG) needs to endorse the application, confirm the details are correct and the applicant is a current financial Member or a Life Member of the Club with at least the minimum Membership time. A current Roadworthy Certificate from a licensed vehicle tester must also accompany the application with the appropriate fee. Club Committee Officers are all volunteers, please treat them with the same courtesy that you would like returned to you. Please note that the onus is on Members to keep their Club Membership and their Club Permit documentation up to date. The Club Permit must be renewed annually. On ceasing to be a Member Club Permits and the plates are no longer valid. References Road Safety (Vehicles) Amendment (Club Permit) Regulations 2010 Statutory Rules 2010 S.R No. 116/2010 Road Safety Act 1986 The Victorian Club Permit Logbook Scheme, AOMC Handbook of June Club awards and recognitions The Club makes the following awards and recognitions of service to the Club annually. Members may make nominations for The Tony Reilly Encouragement Award and for Club Persons Awards. Notice of nominations will be published in the September edition of CAT-A-LOG and completed nomination forms must be in the Club s PO Box no later than the Friday before the September Committee Meeting so that the Committee may decide on the recipients for announcement at the October Annual General Meeting. The Tony Reilly Encouragement Award Awarded annually to a Member, not serving on the Committee, who has made an outstanding contribution to the Club over the past 12 months or more. There is a perpetual trophy and a small trophy for the recipient to keep. Recipient decided by the Committee based on nominations received. Club Person s Award Awarded for excellent service to the Club or a Register over the previous 12 months which is deserving of recognition. A badge is the physical recognition of the award. Recipient or Recipients are decided by the Committee based on nominations received. The President s Award Page 6 of 29

7 The President may use this award at his or her discretion to recognise a special contribution by a Member or a group of Members to the life of the Club. The award is a perpetual silver plate which the recipient retains for one year. Recognitions for service These may change from time to time at the Committee s discretion. Currently (April 2005) the following recognitions of services provided are considered annually by the Committee but may not be awarded annually: Supper preparation for Club Monthly Meetings. CAT-A-LOG packing ready for postage. CAT-A-LOG postage. The recognition is in the form of a small gift. Club Business Meetings 1. A Club Business Meeting may be held at such time and place as the Committee may appoint and of which at least twenty-eight days written notice shall be given. 2. The ordinary business of such a meeting shall be: Confirm the minutes of the previous meeting To receive reports and To consider any business or motion of which notice has been given to the Club Secretary prior to the giving of written notice of the meeting. 3. A Member desiring to bring any business before the meeting may give notice of that business in writing to the Club Secretary who shall include that business on the notice calling the next meeting after the receipt of the notice. Club Hoist The Club has installed and maintains a car hoist for the use of Members and guests during gazetted Register evenings or Committee organised events such as model technical seminars. The use of the hoist is limited to displaying of vehicles, inspection, training, and maintenance training under the direct control of the respective Register Secretary or other Committee approved Member. Under no circumstances shall the hoist be used for commercial repairs. The use of the hoist is the subject of serious safety provisions and all attending at the hoist shall comply with specific directives issued by the Register Secretary or other approved Member in charge of the hoist. Members are forbidden to pass under the hoist when the safety mechanism is not engaged. Club Library The Club provides and maintains a library facility for the use of all financial Members. Members are encouraged to utilise the services of the library in furthering their enjoyment of Jaguar products and Jaguar information. Material in the library includes but is not limited to motoring magazines, reference manuals, specific Jaguar models maintenance manuals, Jaguar journals, CAT-A-LOG, video tapes, CD s and the like. Page 7 of 29

8 These items are available for short term loan where such material is made available to Members at the librarian s discretion. The librarian, at his or her discretion, shall set and apply rental charges and late return fines for items stocked. Club Management Committee (Committee) The Committee may comprise the following positions. The main responsibilities are shown. President/Director Leadership and direction. Club business matters and ASIC. Membership support. Club Monthly Meetings. Links to other organisations. Chair formal meetings. Vice President. Support to President. Liaison with Register Secretaries. Links to other car clubs. Website matters. Library. Speakers and traders for meetings. Club calendar. Club Secretary. Agenda and minutes of Committee Meetings. Minutes of Club Monthly Meetings. Club records and correspondence. PO Box matters. Postal votes. Treasurer. Finance management and records. Payments and banking. Financial reports. GST and income tax returns. Budgets and forecasts. Links to auditor, tax accountant and CMC treasurer. Sporting Secretary. Planning and management of track events. Links to CAMS and AASA. Sporting links to other clubs. Social Secretary. Planning and management of social events. Membership Secretary. Maintain computerised membership records. Membership information to Committee and Members. Mail-out address sheets. New member recruitment and dispatch of starter documents. Links to CH plates coordinator. Public Relations Secretary. Links to Jaguar Australia, Victorian Jaguar Dealers and Jaguar specialists. Community relationships. CAT-A-LOG Editor. Design, preparation and printing of Club magazine. Liaison with printer. Club networks. Links with other Committee Members for magazine content. Regalia Secretary. Selection and purchase of regalia. Regalia sales. Regalia stock takes. Financial control of regalia. Committee Person. Tasks as assigned by the President, e.g. maintain register of Club assets, management of the Club s Mark1 and its trailer. Concours Director. Management of all aspects of annual State Concours, the National Rally Concours event when held in Victoria and Jaguar display days. Training of judges. Advertising & Sponsorship Secretary. Securing of sustainable non-member income and support to those sources of income. The above Committee positions and responsibilities are subject to change as the needs of the Club evolve. In addition, there are a number of Club Coordinators who look after specific Club functions and who report to a specified Committee Member. They are listed in CAT-A-LOG. All positions are valid for a maximum period of 12 months from the start of a Club Year. Appointments to office will be valid from the date of appointment to the end of the current Club Year. The President shall be the Chairman at all Committee Meetings, the Annual General Meeting, Club Business Meetings and Club Monthly Meetings. Where the President is unavailable to attend, the Vice President shall chair such meetings in the absence of the President. Page 8 of 29

9 In the case of an equality of votes on a resolution at a Committee meeting the Chairperson shall have a casting vote on that resolution in addition to a primary vote. It is at the discretion of the Chairperson to use this casting vote or not in addition to a decision to use a primary vote in respect of that resolution. The Chairperson s primary and casting votes can be in favour or against the resolution independent of each other. The Committee is elected on the basis of it managing the administration of all Club activities, assets, programmes, events, functions, future strategies, compliance, and all other matters that impact upon the viability of the Club consistent with the Club s Constitution. The Jaguar Car Club of Victoria Limited (the Company) must have a minimum of three Directors at all times. These Bylaws & Rules are based on the Company having three Directors. The Directors shall do everything in their power to ensure that the Company complies with all legal statutes and its obligations at Law. The President shall be a Director of the Company and the other two Directors shall hold Committee positions to contribute to effective management of both the Club s operations and the Company. Clause 5.2(e) in the Constitution means that a Director cannot serve as President or Vice President for more than 3 consecutive Committee years. As the position of President shall include a Director position a Member cannot continue in the office of President for more than 3 consecutive Committee years. A Member in the office of Vice President may or may not be a Director. Subject to clause 5.2(e) in the Constitution, a Member shall not hold the same office in Committee for more than 5 consecutive years unless unanimously approved by Committee Members, approval to be renewed or denied annually. Subject to clause 5.2(e) in the Constitution, a Member shall not hold the position of Director for more than 5 consecutive years. However, if a Committee Member who is also a Director wishes to nominate as President/Director and is elected then, as a special case, that Member shall serve as Director for the term of that Presidency. The Company Secretary for the Jaguar Car Club of Victoria Limited is appointed by the Committee. Under ASIC rules the Company Secretary may be a Director and if that is proposed then appointment as a Director shall follow the processes for appointment to Committee and Director positions as set out in these Bylaws & Rules. The Treasurer shall be responsible for the integrity of the Club s financial management and reports to the Committee and the Members on a regular basis. Additionally the Treasurer shall provide the auditor with any and all information that may be requested from time to time. The Club Secretary shall keep a record of all of the following: Membership list as provided by the Membership Secretary Inward correspondence Outward correspondence Minutes of Annual General Meetings Minutes of Club Business Meetings Minutes of Committee Meetings Minutes of Director s Meetings. Page 9 of 29

10 The Club Secretary shall provide due notice to all Members of these meetings, and such notices shall be in writing in the form and content as required at law and as provided in the Corporations Act. Where the Club Secretary, Treasurer or the Vice President are not able to fulfil their duties for a period not greater than three consecutive calendar months the President shall pass these responsibilities to a Committee person of his nomination. Club property The property owned by the Club shall include all property purchased by the Club over time and shall include not only owned property but also property under the Club s direct care, leased property, rented property, contracted property, whether leased, rented under finance and/or owned outright. The property of the Club, as amended from time to time, shall include the following: All bank accounts and investment instruments of negotiation. All insurance policies. All fixed assets, plant and equipment, motor vehicles, trailers, and the like. All investments in property, commercial premises, commercial land, whether owned outright or under share arrangements and whether owned outright or the subject of commercial finance. All computer equipment, electronic records, video cameras, communication devices, televisions, sound equipment and the like. The property as described above shall be the responsibility of the Committee directly or through an appointed agent as is necessary from time to time. The use, acquisition and disposal of assets is at the discretion of the Committee, not with standing that any transaction in excess of $10, in any one instance shall have the approval of the Membership through majority vote at a Club Business Meeting. Clubrooms Clubrooms, as defined by the property known as 23 Rosalie Street, Springvale, Victoria, are provided for the enjoyment of all financial Members in the conduct of Club business and activities. The use of the Clubrooms is the subject of prior booking with the property officer, a Member of the Clubrooms Management Committee (CMC). The Club Committee shall be responsible for the appointment and administration of the Clubrooms through the CMC. The CMC may elect to hire the rooms to a third party provided that the specific use of the rooms is in line with the capability of the venue and the wishes of the owner clubs. Under these circumstances, the CMC shall stipulate to the applicant any and all special requirements in the regard to the hire of the rooms. The Committee or the CMC shall ensure at all times that the rooms are secured at the completion of any and all events and functions held at the Clubrooms and that an appropriate cleaning and maintenance regime is in place. Page 10 of 29

11 Club Runs These are defined as Member activities in common where Members use their cars in a social setting on a pre-determined date and time. The basis of Club Runs shall include touring, picnics, and lunches at restaurants, travel to motoring events, display days and the like. Club Runs shall not include, speed trials, rallies, hill climbs, timed events, endurance trials, challenges between Members and/or Members and the Club and/or any competition and/or competitive events. The appointed Social Secretary shall be responsible for all Club Runs, and such runs shall be consistent with the needs and nature of purpose of both the Club as a body and the Members. Code of Conduct for all Members Upon applying for and being accepted as a Member of the Club, all Members shall unconditionally agree to the following Code of Conduct: 1. A Member undertakes to be financial at all times. 2. A Member shall not behave in a manner that is prejudicial to the conduct and future of the Club. 3. A Member shall accept and abide by all directives and requirements of the Committee as amended from time to time. 4. A Member shall unconditionally respect all fellow Members and in so doing shall not act in a threatening manner be it physical and/or otherwise including any and all litigation. 5. A Member unconditionally agrees to support the Objectives of the Club as set out in Article 1.4 of the Club s Constitution and shall not act in any way that is or could be seen to be in conflict with this rule. 6. A Member shall not financially benefit from his or her Membership of the Club save and accept where such business enterprise is known and made known to the Committee at the time of the Members application for Membership or thereafter. 7. A Member from time to time may be contracted to provide specific services to the Club by the Committee and such services shall be provided on the basis of normal commercial terms save and accept where there is a specific agreement in writing between the Member and the Committee prior to the execution of such service. 8. A Member by virtue of his or her Membership acceptance agrees to act as an ambassador of the Club and in the best interests of the Club at all times. 9. A Member shall not make representations for and on behalf of the Club without prior written consent from the Committee. 10. Membership of the Club is conditional upon each Member being held accountable for their actions where such actions are found to be in contravention of any and/or all of the above stated requirements. Code of Conduct for Committee Members including Directors 1. Members of Committee shall not financially and/or materially gain from their Membership of the Committee. 2. Subject to Bylaw Approval of expenditure of Club funds by the Committee, Members of Committee shall not commit the Club to any expenditure and/or financial liability without first obtaining a minute in writing authorising them to do so unless it is clearly included in an annual Club budget previously approved by Committee. 3. Members of Committee shall not enter into any arrangement wherein a creditor of the Club shall be discharged from their financial obligation no matter what the circumstance may be. 4. Members of Committee shall not speak on behalf of the whole Committee as a governing body without first obtaining a minute in writing authorising them to do so. This includes Page 11 of 29

12 passing judgements on an issue, passing comments, offering opinions where such acts can and could constitute a representation on behalf of the Committee. 5. Members of Committee s first obligation are to all Members of the Club. Where a Member has an issue that needs to be dealt with, such issue shall be referred to the Committee for further guidance and action. Where such issue is very urgent and/or of a very sensitive nature, such referral shall be to the President in the first instance. 6. Members of Committee shall be issued with written documents including s originating from Committee. Unless agreed otherwise, such documents are privileged and shall remain in the care of the Committee recipient. Unless agreed otherwise such documents shall not be photocopied, duplicated, transmitted electronically, and/or otherwise passed to any other Member or third party without the expressed permission of the Committee by way of written minute. 7. Members of Committee shall be privy to matters and issues that are otherwise not available to other Members and/or the public domain. Unless agreed otherwise such information shall remain confidential and shall not be discussed with any party outside the Committee structure. 8. Members of Committee shall take care when entering into debate, fostering debate, or soliciting opinions from the Membership not to express opinions which they know to be in conflict with the Committee s position. 9. Members of Committee are expected to represent the Club and to be the Ambassadors of the Club. 10. Members of Committee shall foster a safe and happy environment for the benefit of all Members of the Club. 11. Members of Committee shall not be part of and/or act in a manner that could discredit the Club, any other Committee Person, and/or the Committee as a management body. 12. The President, Vice President, Club Secretary and Treasurer shall have limited authority to act for and on behalf of the Club, as and when necessary. Limits to this authority to act shall be determined by majority vote of the Committee. Compliance of track events with regulations 1. CAMS regulated events The governing body of motor sport in Victoria is the Confederation of Australian Motor Sports (CAMS). The President through the Committee shall ensure that the Club complies with all its rights and obligations of CAMS in the delivery, staging and running of Club events run under CAMS rules and regulations. These responsibilities include, and are not limited to, the safety of persons, property, Occupational Health & Safety of officials, competitors, spectators and Members. Unless stated otherwise, the Club shall comply with all directives laid down by CAMS. All Members of the Club shall unconditionally agree with compliance to these CAMS requirements. 2. AASA regulated events Some Victorian tracks are owed by partners in the Australian Auto-Sport Alliance Inc. (AASA) and Club events run at these venues do not come under CAMS authority. When the Club runs a track event at one of these tracks the Club will ensure that it conforms to all the rules and regulations of the AASA. Also the safety rules adopted by the Club for such events both in regard to scrutineering of vehicles prior to going on to the track and track behaviour will be set so that the safety standard adopted is no less safe than the rules and regulations set by Page 12 of 29

13 CAMS. Country Registers Integral to the Club is the formation and continuance of locally organised Country Member activities across Victoria. This shall be achieved through the establishment and maintenance of Country Registers. Country Registers shall operate in the following geographical areas: Central Goldfields Central Highlands Goulburn Valley North Eastern Eastern Frankston & Peninsula Sunraysia Geelong These Registers may be deleted or added to according to the wishes of local groups of Members across Victoria following endorsement by the Committee. Each Register shall be managed by a Register Secretary and their responsibilities shall include but not be limited to the following: Chair all Register meetings. Plan and execute all functions and events of the Register consistent with the needs of the Membership within the geographic limits of the Register. Assist the Club in centrally organised nominated events. Attend Committee meetings at the invitation of the President. Definitions and Interpretations Definitions and interpretations in this document are intended to be the same as in the Club s Constitution with the addition of the following: Club Year means a year from 1 January to 31 December. Committee Year means a year from 1 January to 31 December. Financial Year means a year from 1 July to 30 June in the following year. Directors qualifications and responsibilities The Jaguar Car Club of Victoria Limited, which is the legal base for the existence of the Club, is a public company limited by guarantee. Its Directors have a dual responsibility to ensure that it meets its financial, taxation, legal and ASIC obligations and to ensure that the Jaguar Car Club of Victoria delivers services which meet the needs of its Members. To meet these responsibilities all three of the Directors shall hold Committee positions. The President is one of the Directors because of the overall responsibilities and leadership requirements. Ideally the three Directors should, between them, have reasonable experience in the following areas: Application of accounting and taxation principles Business and/or commercial management Page 13 of 29

14 People management Practical organisation of events Not for profit entities Legal matters The Club and its operations The skills and experience of the three should cover all the above in general understanding but not necessarily as a professionally qualified person. Where they realise they do not have adequate knowledge they should seek professional internal or external advice. The Committee currently accesses such support in the following areas: External auditing Accounting, taxation and income tax returns Website construction and development Legal matters In the execution of their duties the Directors need to: be familiar with and understand the Club s Constitution and the Bylaws & Rules and ensure application of their content understand the agenda for and the operation of the Annual General Meeting take short, medium and long-term views on the Club s operations and future directions together with other Committee Members enjoy doing all this for the betterment of the Club and its Members! Read the Constitution for more information on the role of the Directors. Discipline of Members See Clause 2.6 in the Club s Constitution. Members who act or who have acted in a manner that is inconsistent with the Club s Constitution and/or these Bylaws and Rules, and/or have through their direct control acted to discredit and/or harm and/or inflict harm verbally or in writing, shall be the subject of disciplinary action from the Committee for and on behalf of the Members of the Club. Where the Club Secretary receives a written complaint that clearly sets out the nature, time and parties to the complaint it shall be immediately passed to the President and tabled at the next Committee meeting. The President shall determine if the matter should be dealt with immediately, or referred to the Committee for further investigation and recommendations. Based on the above provisions, the President and/or Committee by majority vote shall instruct the Club Secretary to issue a letter to the defendant of the complaint to show cause as to why disciplinary action should not be applied. The defendant has 20 days from the date of the written notice to attend at the next Committee Page 14 of 29

15 meeting. Upon acknowledgement of attendance of the defendant, the Club Secretary shall place the matter on the agenda of the next Committee meeting. The defendant is entitled to present to the Committee any material or person in support of his or her position. Should the defendant choose not to attend the next Committee meeting, and/or the defendant does not acknowledge the Club Secretary s letter then the Committee shall preside over the matter. On the basis that the defendant attends the Committee meeting, the matter shall be either upheld, or dismissed. The defendant, should the complaint be dismissed, agrees that no further action shall take place between the defendant and the complainant, the defendant and the Committee, and the defendant and the Club, either by civil action, breaches of discrimination and the like, or any other form of litigation whatsoever. On the basis that the complaint is upheld, the Committee shall preside over a suitable disciplinary action consistent with the nature of the complaint, including a monetary fine, temporary suspension of Membership, and/or expulsion as it sees fit given the circumstances. The action imposed by the Committee shall be presented to the defendant in writing by the Club Secretary and shall be in effect from the date detailed in the letter. The defendant has 10 days to lodge an appeal to the imposition by way of notice to the Club Secretary calling for an extra ordinary meeting. Upon receipt of such notice, the Club Secretary shall advise all Members in writing of the extra ordinary meeting, giving Members a minimum of 21 clear days notice of the meeting. The meeting shall be chaired by the President and only the topic of appeal shall be put to the Members at the meeting. The meeting shall be conducted as follows: The Club Secretary shall table the original complaint. The defendant shall address the complaint. The President shall set before the meeting the basis of the disciplinary imposition. Members shall vote to uphold or dismiss the appeal by way of majority vote. These are the only matters that shall be discussed at this extra ordinary meeting and there shall be no questions from the floor including cross examination of President, Committee, and/or defendant. Should the appeal be dismissed, the defendant shall accept the finding of the Members and comply with the imposition. Failure to do so shall incur expulsion. Should the appeal be upheld, no further action shall be taken by the Club and/or the Committee Members. The defendant shall comply with the no further claims provision as set out above Page 15 of 29

16 Guests All Members are encouraged to introduce their guests at all Club functions, events, sporting activities and the like. Guests attending such functions are the responsibility of the introducing Member and shall act in a manner consistent with the rights and privileges of Membership of the Club. Where a guest is found to behave in a manner that is unacceptable, then the introducing Member shall immediately remove the guest without question from the function. Where a Member introduces a guest on the licensed premises, the Member shall ensure that the guest signs the visitors book, including the provision of the guest s name, address, date of attendance, and the introducing Member. This rule is provided for the compliance and safety of all Members and guests during all Club activities at the Clubrooms. Guests are not eligible to drive CH plated vehicles in JCCV events unless they have permission from a car club of which they are a member. Immediate Past President To assist with the maintenance of continuity of purpose in the management of both Member activities and Club business matters this rule defines the role of each Immediate Past President and the handling of files generated by the outgoing President during that person s time as President. The immediate Past President automatically becomes an ex-officio (non-voting) Member of the next Committee following retirement as President. The Immediate Past President shall be duty bound to attend the first two (November and December) Committee meetings after Presidential retirement and any subsequent meetings shall be by invitation. There is an obligation for a President to keep files (covering both paper and electronic forms) on key subjects containing the significant documents and to hand over all these on retirement to the incoming President with brief recommendations. All files generated by the Immediate Past President remain the property of the Club, not the individual Member, including if this person is removed from office for whatever reason. Development plans need to extend beyond the life of a current Committee for review of priorities/adoption/progression by the next President and Committee. Liquor The Club, through the CMC provides access to alcohol at appropriate Club functions. Through the CMC the Club has been granted a liquor licence and the Club is responsible for the provision of liquor to its Members, as is the Austin Healey Owners Club for its members. Accordingly, the following rules will apply: - 1. The Committee shall appoint a responsible person from the Membership, and that Member shall at all times be take responsibility for the service of alcohol to Members. 2. Alcohol shall only be provided to Members during licensed hours, and/or such lesser hours as deemed necessary by the nominated responsible Member. 3. The responsible Member may delegate this authority to other Members of his choosing, as and where necessary. 4. Alcohol shall be provided based on the unit prices as agreed by the CMC. Page 16 of 29

17 5. The Club, its Committee and its nominated responsible Member have a responsibility to enforce the provisions of the regulations in regard to the RESPONSIBLE SERVICE OF ALCOHOL. 6. Guests of Members can purchase alcohol provided that they have signed the visitors book upon entry to the licensed Clubrooms premises, and that the introducing Member is present on the premises. 7. All income received from the service of alcohol is the responsibility of the CMC save and except for the provision of securing such income when the bar area is closed at the completion of trading. 8. Alcohol shall not be served to minors and shall not be served outside licensed hours. 9. Alcohol shall be available to Members as bottle shop purchases, and such purchases shall be removed from the licensed premises upon purchase. 10. Bottle shop purchases are not permitted to be consumed on the licensed premises at any time, irrespective of trading hours. 11. The responsible Member shall ensure the security of the bar area at all times. 12. Where an application is granted for the use of the Clubrooms outside licensed hours, the responsible Member shall advise the CMC so as an appropriate extension of the license can be sought if permitted. 13. The responsible Member shall ensure and have the authority to enforce behaviour within the licensed area consistent with the acceptable behaviour and conduct of all Members present. Management of the Mark1 historic Jaguar and its trailer. The Mark1 represents a significant part of the Club s history. The Members and the Club have invested significant funds and effort in the preservation of this important piece of motoring history and, in particular, Jaguar Australian racing history. Accordingly, the following rules will apply to this asset (the Mark1 and its trailer) of the Club: 1. The Committee shall yearly appoint a Responsible Member to manage the safe keeping of this asset. 2. The Responsible Member shall apply and enforce all of the provisions of the rules set by the Committee that apply to this Club asset. A copy of the Mark1 Rules is available from the Club Secretary or the Responsible Member upon request. 3. Above all, the Responsible Member shall ensure the security and safe keeping of this asset at all times including, cleanliness, mechanical mobility, insurances, certificates of currency, trailer registration and roadworthy condition of the trailer. 4. UNDER NO CIRCUMSTANCES shall the Mark1 be involved and/or be included in any competitive road, racing or timed event. A Member found guilty of such offence shall have his Membership of the Club terminated immediately. The Mark1 may give untimed demonstrations at track events at significantly less than its potential performance. It is not road registered and it is not eligible to be. 5. The Responsible Member shall develop and hold in safekeeping, a manual that details the mechanical and maintenance operation of the asset. 6. All Members who drive the Mark1 on a race track must, in advance, sign a document in which that Member accepts personal liability for any damage incurred to the Mark1 should it be determined by the Committee that the damage was caused by the action of that Member. Members addresses and notices See Clause 10 in the Club s Constitution. Page 17 of 29

18 1. For the purposes of notices to Members, a Member s address is that given by the Member in the application for Membership unless notified to the Club Secretary to the contrary. 2. It is the individual Members responsibility to ensure that the mailing address provided is the current address for all correspondence. 3. The Club Secretary shall advise the Membership Officer of any address changes as he or she received such notification of change. 4. Unless stated otherwise, Members details provided to the Club shall be held in accordance with the prevailing laws and the Club s privacy policy. 5. The Club may, from time to time, ask permission of a Member for the disclosure of his or her details for specific purposes. The authority of the Member to pass on such details shall be issued in writing by the Member and only on receipt of such written notice shall the Club publish a Members details or pass on to a third party. Membership Membership of the Club shall be: 1. Ordinary Membership 2. Temporary Membership 3. Life Membership 4. Honorary Membership 5. Country Membership 6. Absent Membership 7. Reciprocal Membership 8. Family Membership No persons shall be permitted to become Honorary, Life, Reciprocal, Absent or Temporary Member of the Club, or be relieved of the payment of the regular subscription, except those possessing the qualifications defined in these rules and subject to the conditions and regulations prescribed therein. 1. Ordinary Membership 1. Any person who has an interest in Jaguar and/or Daimler cars and who is of good character shall be eligible for ordinary Membership of the Club. 2. Each application for Membership shall be approved or rejected by the Committee. 3. An application for Membership in the form prescribed by the Committee shall be completed by the applicant and sent to the Club Secretary who shall refer it to the Committee at its next meeting. Upon being satisfied that the candidate is eligible for Membership the Committee shall direct the editor to display the applicants name in CAT-A-LOG as a new Member and the Membership Secretary to formally notify the applicant. 4. An application for Membership must be accompanied with full payment of the Joining Fee and the Subscription Fee. 5. An ordinary Member shall be entitled to all of the rights and privileges of the Club. 6. Ordinary Members are required to comply with the Code of Conduct for All Members. 2. Temporary Membership 1. A person may become a Temporary Member for a period not exceeding 48 hours upon being introduced by and nominated by two Committee Members and paying the fees and subscriptions payable with respect to such Membership. 2. A temporary Member shall be entitled to all of the rights and privileges of the Club except the right to vote or become a Member of the Committee. Page 18 of 29

19 3. A Member of another car Club may be elected a Temporary Member of the Club for a term not exceeding 48 hours at the discretion of the Committee, without payment of any fees. 3. Life Membership 1. A person who is a current financial Member and has contributed in a substantial and consistent manner over a period in excess of ten (10) years to the furthering of the interests of the Club and its membership shall, upon receiving the approval of 75%, or more, of the voting Committee Members eligible to be at the Committee Meeting at which the nomination is considered, be elected to Life Membership of the Club. 2. The voting will be conducted by secret ballot. 3. A nomination for Life Membership must be in writing and the nominator must have had ten (10) years of continuous Membership. The application for nomination shall be accompanied by a resume of the nominated person s background in the Club relevant to the Life Membership application. 4. A Life Member shall be entitled to all of the rights and privileges and shall meet all obligations of the Club. 5. A Member invested with Life Membership shall not pay the annual subscription fee confirmed by a majority vote of Members entitled to vote present at a Club Meeting. 6. Life Membership may be terminated on the recommendation of the Committee. 4. Honorary Membership 1. The following persons are, ex officio, Honorary Members: The Patron and Vice Patron (if any) The Mayor for the time being of the City of Greater Dandenong. The Chairman for the time being of the ACJC unless that person is an Ordinary Member of the Club. The Presidents for the time being of the respective Jaguar Clubs throughout Australia. The Principals of the franchised Jaguar dealers in Victoria. The General Manager and/or the Principal of Jaguar Australia. At the wish of the person involved and at the discretion of the Committee, a spouse or partner of a Life Member upon the death of that Life Member. Such Honorary Membership shall continue for the life of that spouse or partner but is not transferable to any other person. 2. An Honorary Member shall be entitled to all of the rights and privileges of the Club except the right to vote or become a Member of the Committee. 3. A Patron and Vice Patron may be appointed annually by unanimous resolution of the Committee. 5. Country Membership 1. An Ordinary Member permanently residing more than eighty kilometres from the Melbourne GPO is a Country Member. 2. A candidate for Country Membership shall be elected in the same manner as a candidate for Ordinary Membership. 3. A person shall cease to be a Country Member if he or she shall permanently reside within eighty kilometres of the Melbourne GPO. 4. A Country Member shall enjoy all the rights and privileges of the Club. 5. Country Membership has the benefit of a reduced joining fee and will normally be assigned to a Country Register. Page 19 of 29