The following Rules (excluding the by-laws and regulations) are the Constitution of the above Club as submitted by the Executive Committee and adopted by the Club Members.
Insurance, other than that provided by any affiliated associations, is the sole responsibility of each individual player or associated parent/guardian.
25.02
The Club will accept no liability beyond any legal negligence for any death, injury or mishap however occasioned, whether it occurs on the field during competition games, at practice or any social function.
Section 26: PAYMENT
26.01
No member shall receive payment for the playing of baseball or support to the Club.
26.02
Members may be reimbursed for expenses relating to the execution of their duties, as outlined in Section 11 of these rules, provided prior consent has been obtained from the Executive Committee for the spending of such monies, and receipts are provided.
Section 27: ALTERATIONS TO THE RULES OR OBJECTS OF THE CLUB
27.01
Alterations to the Constitution can only be made at the Annual General Meeting or a Special Meeting called for that purpose.
(a)
The Secretary must receive a written nomination, setting out the proposed alteration, signed by no less than five (5) independent members, at least one month prior to the Meeting at which it is proposed to alter the Constitution.
(b)
The Secretary shall issue a motion addressed to all Club members advertising and setting forth the motion, at least fourteen (14) days prior to the meeting.
(c)
Deciding the success or failure of such proposed alteration shall be by way of Special Resolution, provided there is a sufficient number of members present as would be required to satisfy a quorum for an Annual General Meeting.
27.02
Alterations to the Objects of the Club, as outlined in Section 3 of these rules, can only be made at the Annual General Meeting or a Special Meeting called for that purpose.
(a)
The Secretary must receive a written nomination, setting out the proposed alteration, signed by no less than five (5) independent members, at least one month prior to the Meeting at which it is proposed to alter the Constitution.
(b)
The Secretary shall issue a motion addressed to all Club members advertising and setting forth the motion, at least fourteen (14) days prior to the meeting.
(c)
Deciding the success or failure of such proposed alteration shall be by way of Special Resolution, provided there is a sufficient number of members present as would be required to satisfy a quorum for an Annual General Meeting.
27.03
Alterations to the by-laws of the Club may be made at any General Meeting of the Club or a Special Meeting called for that purpose.
(a)
A written nomination, setting out the proposed alteration, signed by no less than three (3) independent members, must be received by the Secretary at least two weeks prior to the Meeting at which it is proposed to alter the by-laws.
(b)
The Secretary shall issue a motion addressed to all Club members advertising and setting forth the motion, at least seven (7) days prior to the meeting.
(c)
If at an General Meeting a concern is raised over the by-laws, and the number of members present is greater than that required for a quorum of an Annual General Meeting, then a resolution may be passed without the notice given, as outlined in Section 27.03(a) of these rules.
Section 28: COMMON SEAL
28.01
The common seal of the Club shall be kept in the custody of the Secretary and shall only be affixed to a document with the approval of the Executive Committee.
28.02
The signature of two members of the Executive Committee shall attest the affixing of the Common Seal.
Section 29: CLUB BOOKS
29.01
The books of the Club will be made available to any member upon written application at a reasonable date and time at no charge.
Section 30: MEMBERS' LIABILITIES
30.01
The liability of a member of the Club to contribute towards payment of the debts and liabilities of the Club or the cost, charge and expenses of the winding up of the Club is limited to, if any, membership and registration fees or additional monies unpaid by the member.
Section 31: SERVICE OF NOTICES
31.01
For the purpose of these rules, a notice may be served on or given to a person:
(a)
By delivering it to the person personally, or
(b)
By sending it by pre-paid post to the address of the person, or
(c)
By sending it by facsimile transmission, e-mail or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
i.
By web-posting, where a link to such information is to be posted on the entry / home page of Penrith Baseball Club's nominated website, and an e-mail advising all members of its posting to be sent to all addresses supplied by the members.
31.02
For the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served:
(a)
In the case of a notice given or served personally, on the date on which it is received by the addressee, and
(b)
In the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
(c)
In the case of a notice sent by facsimile transmission, e-mail or some other form of electronic transmission, on the date it was sent, or if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
i.
In the case of a web posting, at such time as the information is up-loaded and accessible, provided all e-mails are forwarded within 24 hours.
