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Constitution

 

CONSTITUTION OF BOXING NT INCORPORATED

1. Definitions

1.1 In this Constitution:

1. "Act" means the Associations Act.

"AIBA" means the Association Internationale de Boxe Amateur.

"amateur" shall have the same meaning as is adopted by the AIBA from time to time.

"Annual General Meeting" means a meeting of the members duly convened in accordance with clause 27.1 or clause 27.2 of this Constitution.

"annual membership subscription fee" means that fee duly fixed from time to time by the Committee in accordance with clause 10.4(b) of this Constitution.

"associate club affiliate" means a club or organisation answering to the description contained in clause 5.1(b) of this Constitution.

"associate individual member" means a person answering to the description contained in clause 5.1(d) of this Constitution.

"BAI" means Boxing Australia Incorporated.

"BAI Council delegate" means a person appointed pursuant to clause 36.1 of this Constitution to represent BNT at meetings of BAI's Council.

"BAI Council substitute delegate" means a person appointed pursuant to clause 36.3 of this Constitution to represent BNT at meetings of BAI's Council in lieu of its BAI Council delegate.

"BNT" means Boxing NT Incorporated.

"boxing" refers to the sport of amateur boxing.

"boxing competition" means any amateur boxing bout, competition or championship, whether conducted:

(i) within the Northern Territory of Australia;

(ii) nationally, within some other State or Territory of Commonwealth Australia; or

(iii) internationally;

which is conducted, organised and/or sponsored by BNT, or at which BNT participates or is officially represented.

"boxing official" means a tournament official, coach, promoter, boxer's manager, Committee member; or some other official registered with BNT.

"Commissioner" means the Commissioner of Consumer Affairs appointed under s.6 of the Consumer Affairs and Fair Trading Act, and includes any person for the time being acting in, or performing the duties of, the office of Commissioner.

"the Committee" means the Committee of BNT referred to in clause 29.1 of this Constitution.

"complaint" means a complaint made by a member to the Secretary pursuant to clause 19.1 of this Constitution.

"eligible member" means a member satisfying the requirements of clause 30.3 of this Constitution.

"entrance fee" means that fee duly fixed by the Committee from time to time in accordance with clause 10.4(a) of this Constitution.

"General Meeting" means either an Annual General Meeting or a Special General Meeting.

"life member" means a person answers to the description contained in clause 5.1(d) of this Constitution.

"member" means a member of BNT.

"member club" means a club answering to the description contained in clause 5.1(a) of this Constitution.

"member club delegate" means a person duly appointed by a member club to cast that member club's vote at a General Meeting.

"notice of appeal" means a notice duly lodged by a member with the Secretary pursuant to clause 20.1 of this Constitution.

"office bearer" means a member of the Committee further described in clause 29.5 of this Constitution.

"President" means the person holding office under this Constitution as the President of BNT.

"professional" means:

(i) a person who is a professional boxer;

(ii) a person who, within the past 5 years, has been a professional boxer; or

(iii) a person who, within the past 5 years, has been associated with professional boxing as a timekeeper, gloving steward, referee, judge, coach, match maker, promoter, boxer's manager, team manager or as some other official.

"Register of Boxers" means the Register established in accordance with clause 41.1 of this Constitution

"Register of Boxing Officials" means the Register established in accordance with clause 42.1 of this Constitution.

"Register of Members" means the Register established in accordance with clause 9.1 of this Constitution.

"registered competitor member" means a person answering to the description contained in clause 5.1(c) of this Constitution.

"Secretary" means the person holding office under this Constitution as Secretary of BNT.

"Special General Meeting" means a meeting of the members duly convened in accordance with clause 28.1 or clause 28.2 of this Constitution.

"special resolution" means a resolution of the members in General Meeting carried in accordance with clause 26.1 and clause 26.2 of this Constitution.

"Sub-Committee" means a Sub-Committee duly established by the Committee in accordance with clause 34.1 of this Constitution.

"toughman contest" means a fist-fight staged without stringent class, weight or age pairing, and often involving untrained or unconditioned persons; which contests are disapproved by AIBA, by BAI and by BNT.

"Tournament official" means a timekeeper, gloving steward, referee, judge, ring supervisor, tournament supervisor, match maker, gate person, event organiser, or canteen volunteer.

"the Treasurer" means the person holding office under this Constitution as Treasurer of BNT.

"Vice President" means the person holding office under this Constitution as Vice-President of BNT.

1.2 In this Constitution:

(a) a reference to a function includes a reference to a power, an authority and a duty; and

(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

1.3 The provisions of the Interpretation Act apply to and in respect of this Constitution in the same manner as those provisions would apply if this Constitution was legislation or subordinate legislation.

 

2. BNT

There shall be an association incorporated in accordance with the Act and known as Boxing NT Incorporated.

3. Objects Of BNT

The objects of BNT are:

(a) The encouragement and development of:

(i) boxing throughout the Northern Territory of Australia;

and

(ii) interstate and international boxing competition as and when appropriate.

(b) The establishment, maintenance and enforcement throughout the Northern Territory of Australia of a uniform code of rules and regulations to govern boxing in accordance with the Constitution, rules, regulations and by-laws from time to time of AIBA and BAI.

(c) the promotion, control and regulation of all boxing competitions within the Northern Territory of Australia.

(d) To affiliate with, or act in association with, any other body or bodies which has or have as its or their object the promotion of amateur sport.

(e) To act as, or constitute, an appellate tribunal to hear and determine appeals from the decisions of member clubs as to the status of any boxer or boxing official.

(f) To determine, or cause to be determined, any case referred for its determination by any member concerning the amateur status of any boxer.

(g) To take such steps, by personal or written appeals, public meeting, advertisements or otherwise, as it may from time to time deem expedient for the purpose of procuring funds for BNT.

(h) To receive any gift of money or other property, whether the subject of a trust or otherwise, to advance BNT, or any one or more of the objects of BNT.

(i) To print or otherwise publish any newspapers, magazines, periodicals, books, leaflets and/or internet material that BNT may deem desirable in the promotion of any one or more of the objects of BNT.

(j) To make such rules and regulations, consistently with this Constitution, as it may deem necessary to carry into effect the objects hereinbefore mentioned or for the administration and control of the Association.

 

4. Public Officer

BNT shall have at all times a public officer whose office shall be filled consistently with the requirements of s.27 of the Act.

5. Members of BNT

5.1 The membership of BNT shall consist of:

(a) member clubs; being such boxing and other sporting and recreational clubs as have registered competitor members and have been granted membership of BNT by the Committee in accordance with this Constitution;

(b) associate club affiliates; being such other amateur clubs and organisations wishing to further the interests of boxing as have been granted membership of BNT by the Committee in accordance with this Constitution;

(c) registered competitor members; being persons over the age of 18 years who are duly registered by the Committee as boxers in accordance with this Constitution;

(d) associate individual members; being such other persons over the age of 18 years as may be granted membership of BNT by the Committee in accordance with this Constitution; and

(e) life members; being such persons as may be granted life membership of BNT in accordance with this Constitution.

5.2 Member clubs shall be granted membership of BNT under this Constitution:

(a) if they are:

(i) corporations duly incorporated under the Corporations Act 2001; or

(ii) associations duly incorporated under the Act;

as incorporated member clubs; and

(b) if they are not:

(i) corporations duly incorporated under the Corporations Act 2001; or

(ii) associations duly incorporated under the Act;

as unincorporated member clubs.

6. Eligibility For Membership Of BNT

6.1 A club, organisation or person shall be eligible for membership of BNT provided that the club, organisation or person:

(a) is of good character and reputation;

(b) is not, at the time it, he or she is nominated to become a member of BNT, the subject of a current resolution:

(i) of expulsion carried by the Committee in accordance with clause 19.7(v) of this Constitution;

(ii) of expulsion, suspension or disqualification carried by BAI in accordance with its Constitution;

(iii) or of expulsion, suspension or disqualification carried by any other club, association or body, being a member of BAI, in accordance with the Constitution of that club, association or body.

(c) has provided the Committee with a notice in writing, duly executed by it, him or her, in which it, he or she agrees:

(i) to be bound by, and to observe, BAI's Anti-Doping and Member Protection Policies; as amended from time to time;

(ii) that BAI's Anti Doping and Member Protection Policies, as amended from time to time, may be enforced against it, him or her;

(iii) that BAI may test and, where appropriate, discipline it, him or her in accordance with BAI's Anti-Doping Policy, as amended from time to time; and

(iv) that BAI may conduct investigations and, where appropriate, discipline it, him or her in accordance with BAI's Member Protection Policy, as amended from time to time;

(d) in the case of a club or organisation, also satisfies the requirements of clause 6.2 of this Constitution; and

(e) in the case of a person, also satisfies the requirements of clause 6.3 of this Constitution.

6.2 To be eligible to be a member club, a club must also:

(a) have and maintain a membership of not less than 5 persons; and at least 3 of whom shall be registered competitor members;

(b) provide the Secretary with:

(i) written advice as to the names of its members, of its delegate or delegates duly authorised to participate in the affairs of BNT as the representative or representatives of the club and such other information as the Committee may request; and

(ii) a copy of its Constitution or Rules (which Constitution or Rules must contain a clause or clauses providing that any delegate participating in the affairs of BNT shall not be a professional and shall otherwise satisfy the requirements of clause 6.3 of this Constitution);

as and when the same may be required by the Secretary; and

(c) agree in writing to afford the Committee, or the duly authorised representative or representatives of the Committee, with the right from time to time to inspect any premises used by the club.

6.3 To be eligible to be a registered competitor member, an associate individual member or a life member, a person must also be:

(a) a resident of Australia;

(b) 18 years of age or older;

(c) not a professional; and

(d) not insane or of unsound mind.

7. Application For Membership Of BNT

7.1 All applications for membership of BNT shall be:

(a) in the form set out in Appendix 1 to this Constitution;

(b) properly executed by the applicant, the proposer and the seconder (which proposer and seconder must be current financial or life members of BNT);

(c) accompanied by:

(i) the notice in writing referred to in clause 6.1(c) of this Constitution; and

(ii) such document or documents and other information as may be required in accordance with clause 6.2(b) and/or (c) of this Constitution; and

(d) lodged with the Secretary.

7.2 As soon as practicable after receiving an application for membership of BNT, the Secretary must refer the application to the Committee for approval or rejection.

7.3 As soon as practicable after receiving an application for membership of BNT from the Secretary, the Committee must, in the exercise of its absolute and unfettered discretion, either approve or reject the application.

7.4 As soon as practicable after the Committee has either approved or rejected an application for membership of BNT, the Secretary must:

(a) notify the applicant in writing of the Committee's decision to approve or reject the application (as the case may be); and

(b) if the Committee approved the application, request the approved applicant to pay, within the period of 28 days after receipt by the applicant of such request, the sums payable in accordance with clause 10.1 and clause 10.2 of this Constitution as an entrance fee and an annual membership subscription fee respectively.

7.5 Upon payment in full of the sums referred to in clause 7.4 of this Constitution, the approved applicant shall be and be deemed to be a member of BNT.

8. Life Members

8.1 All persons who serve for continuous periods of not less than 10 years on the Committee shall be offered life membership of BNT.

8.2 Without limiting clause 8.1 of this Constitution, BNT may offer life membership of BNT to:

(a) any of its office bearers for memto service rendered by that office bearer to BNT; and

(b) any other persons as BNT may deem fit.

9. Register of Members

9.1 The Secretary must establish and maintain a Register of the members of BNT.

9.2 The Secretary shall be responsible for at all times ensuring that the Register of Members of BNT shall contain current information concerning:

(a) the name of each member;

(b) the address of each member;

(c) the category of membership of each member;

(d) the date upon which each member became a member of BNT; and

(e) such other information as may from time to time be required by the laws of the Northern Territory of Australia.

9.3 In the event that a club, organisation or person ceases, for any reason or reasons, to be a member of BNT, the Secretary shall thereupon record that fact in the Register of Members; together with the date on which that club, organisation or person so ceased to be a member of BNT.

9.4 The Register of Members shall be kept by the Secretary at the principal place of administration of BNT; and must be kept open for inspection, free of charge, by any member at any reasonable time.

9.5 A member may obtain a copy of all or any part of the Register of Members upon request to BNT of a fee in an amount determined by the Committee in the exercise of its absolute and unfettered discretion.

10. Fees And Subscriptions

10.1 Every approved applicant for membership of BNT shall pay to BNT an entrance fee as and when requested from that approved applicant by the Secretary in accordance with clause 7.4 of this Constitution.

10.2 Every member shall pay to BNT each calendar year an annual membership subscription fee.

10.3 (a) Except as provided by paragraph (b) of this clause, a member must

pay that member's annual membership subscription fee to BNT before 1 February in each calendar year.

(b) If the member becomes a member of BNT on or after 1 February in any calendar year, that member shall pay its, his or her annual membership subscription fee to BNT as and when requested by the Secretary in accordance with clause 7.4 of this Constitution, and before 1 February in each succeeding calendar year.

 

10.4 The Committee shall determine from time to time the amounts of:

(a) the entrance fee payable by an approved applicant for membership of BNT in accordance with clause 10.1 of this Constitution; and

(b) the annual membership subscription fee payable by a member in accordance with clauses 10.2 and 10.3 of this Constitution.

10.5 Life members shall not be required to pay an annual membership subscription fee to BNT.

11. Failure To Pay Any Monies Due and Payable To BNT

11.1 Any member which or who, for any reason or reasons, fails to pay to BNT:

(a) that member's annual membership subscription fee payable in accordance with clauses 10.2 and 10.3 of this Constitution;

or

(b) any other monies due and payable by that member to BNT;

by 1 February in each year shall thereupon be deemed to have ceased to be a member on and from that date.

11.2 The Committee, in the exercise of its absolute and unfettered discretion, may restore membership of BNT to any club, organisation or person who has ceased to be a member by reason of the operation of clause 11.1 of this Constitution provided that all monies due and payable by that club, organisation or person to BNT are first paid in full.

12. Member Participation In The Affairs Of BNT

12.1 Each member club and tournament official shall be entitled to one vote only at General Meetings conducted in accordance with this Constitution. No person, whatever their eligibility, is entitled to more than one vote.

12.2 No associate club affiliate, registered competitor member, and BNT employee, or associate individual member who is not a tournament official, shall be entitled to vote at General Meetings conducted in accordance with this Constitution unless such member, official or employee is empowered to represent a member club at such General Meeting as its duly appointed delegate.

12.3 A member of a member club shall not be entitled to:

(a) represent that member club as its duly appointed delegate at any General Meeting conducted in accordance with this Constitution;

(b) nominate for election, or otherwise be appointed, to the Committee in accordance with this Constitution; or

(c) otherwise participate in the affairs of BNT;

unless such person is:

(i) a resident of Australia;

    1. 18 years of age or older;

 

 

(iii) not a professional; and

(iv) not insane or of unsound mind;

and, in the opinion of the Committee, in the exercise of its absolute and unfettered discretion, the Constitution or Rules of such member club provide for fair and equal participation by all members of the member club in the affairs, decision-making processes and elections of such member club insofar as they may relate to BNT.

12.4 Without limiting the generality of clause 12.3 hereof, the Committee may, in the exercise of its absolute and unfettered discretion, refuse to permit any member or a member club:

(a) to represent that member club as its duly appointed delegate at any General Meeting conducted in accordance with this Constitution;

(b) nominate for election to the Committee in accordance with this Constitution; or

(c) otherwise participate in the affairs of BNT.

12.5 All:

(a) members of member clubs and associate club affiliates; and

(b) registered competitor members, associate individual members and life members;

shall be entitled to attend:

(i) all General Meetings conducted in accordance with this Constitution; and

(ii) all boxing competitions and promotions organised or sponsored by BNT; subject only to such rules and regulations, as to entrance fees and otherwise, as may be determined from time to time by the Committee in the exercise of its absolute and unfettered discretion; and to any applicable laws of the Northern Territory of Australia.

12.6 Any member of a member club who, for any reasons or reasons, resigns that member's membership of that member club in order to gain membership of another member club shall not be permitted to attend, or otherwise participate in, any boxing competition or promotion organised or sponsored by BNT unless that person is free of any financial debt to the original member club.

12.7 Any boxer, being a member of a member club, who, for any reason or reasons, resigns that person's membership of that member club in order to gain membership of another member club, shall first obtain clearance from the first member club; and the secretary of the member club which the boxer is seeking to join shall notify BNT of the boxer's application for membership and clearance.

12.8 In the event of any dispute relating to any membership change in accordance with clause 12.7 of this Constitution:

(a) any party to that dispute may refer the dispute to the Committee for determination;

(b) the Committee shall adjudicate in the dispute and deliver a determination; and

(c) such determination shall be final and binding on the parties to the dispute.

13. Membership Entitlements Not Transferable

The rights, privileges and obligations which a club, organisation or person has by reason of being a member:

(a) are not capable of being transferred, assigned or transmitted to any other club, organisation or person; and

(b) save as to any monies payable to BNT, terminate on the cessation of that member's membership of BNT.

14. Cessation Of Membership

A member ceases to be a member if it, he or she:

(a) is expelled from BNT in accordance with this Constitution;

(b) fails to pay any monies due and payable to BNT in the circumstances dealt with in and by clause 11.1 of this Constitution;

(c) resigns as a member in accordance with clause 15 of this Constitution; or

(d) (i) in the case of a member club or associate club affiliate; is

placed in liquidation or under involuntary administration, is otherwise wound up or is otherwise dissolved; and

(ii) in the case of a registered competitor member, an associate individual member or a life member; dies.

15. Resignation

A member may only resign as a member of BNT if that member first:

(a) pays all monies due and payable by that member to BNT; and

(b) provides the Secretary with notice in writing of that member's intended resignation no less than 30 days (or such other period as may be determined by the Committee) before the resignation takes effect.

16. Members' Liabilities

The liability of a member to contribute to the payment of the debts and other liabilities of BNT, or to the costs, charges and expenses of, and associated with, the winding up of BNT, is limited to the amount, if any, of the monies otherwise lawfully payable by that member to BNT.

17. Resolution of Internal Disputes

18.1 A dispute:

(a) between members; or

(b) between a member or members and BNT;

may be referred by a party or parties to the dispute to the Committee.

18.2 Upon referral of a dispute to the Committee in accordance with clause 18.1 of this Constitution, the Committee may, in the exercise of its absolute and unfettered discretion:

(a) decline to involve itself in any way with the dispute if the Committee considers the referral to be without substance or trivial;

(b) formally advise or counsel the parties to the dispute; whether in writing or otherwise; or

(c) procure the mediation of the dispute by a mediation selected by the Committee and acceptable to the parties to the dispute.

18.3 In the event that a dispute is the subject of a mediation procured in accordance with clause 18.2(c) of this Constitution, the parties to the dispute shall, at least 7 days before the occurrence of such mediation, exchange written statements outlining the issues between them and supply copies of such statements to the mediator.

19. Disciplining Members

19.1 Any member may make a complaint in writing to the Secretary against any other member; which complaint may allege that such other member has:

(a) refused or neglected to comply with a provision or provisions in this Constitution and/or in the by-laws of BNT; and/or

(b) has acted in a manner prejudicial to the interests of BNT.

19.2 Each complaint must be fully particularised by the member making the same.

19.3 As soon as practicable after receiving a complaint, the Secretary shall refer the same to the Committee.

19.4. As soon as practicable after receiving a complaint, the Committee:

(a) may seek further particulars in writing concerning the same from the member making the same;

(b) must cause notice in writing of the complaint, and of all particulars concerning the same, to be served on the member against whom the complaint has been made; and

(c) must advise in writing the member against whom the complaint has been made that such member has not less than 14 days after receipt of the advice in which to make a written submission or submissions with respect to the complaint to the Committee. The Committee may not further consider the complaint until after the period so advised has elapsed.

19.5 Before determining the complaint, the Committee may make such further enquiries concerning the same as the Committee, in the exercise of its absolute and unfettered discretion, considers appropriate; save only that it shall advise in writing both the member making the complaint and the member against whom the complaint is made of the outcome of any such enquiry, and afford such members with a reasonable opportunity of making written submissions to the Committee with respect to the same.

19.6 Subject to the provisions of clauses 19.4 and 19.5 in this Constitution, and as soon as practicable after receiving any submissions from the member making the complaint and the member against whom the complaint is made, together with the result or results of any enquiries made by the Committee in accordance with clause 19.5 of this Constitution, the Committee shall proceed to consider and determine the complaint.

19.7 In determining a complaint in accordance with clause 19.6 of this Constitution, the Committee may, by resolution, and in the exercise of its absolute and unfettered discretion:

(a) where the matters alleged in the complaint have not been established to its satisfaction; dismiss the complaint;

(b) where the matters alleged in the complaint have been established to its satisfaction; take whatever action the Committee considers appropriate, including (but not limited to):

(i) counselling the offending member;

(ii) censuring the offending member;

(iii) requiring the offending member to make an apology and/or other amends;

(iv) suspending the offending member from membership of BNT for a period specified by the Committee;

(v) expelling the offending member from BNT.

19.8 Within 7 days after the Committee has determined a complaint in accordance with clauses 19.6 and 19.7 of this Constitution, the Secretary shall advise the member against whom the complaint was made in writing of the determination of it by the Committee, and of any reasons given by the Committee for its determination; and, in the event that the complaint was determined adversely to the member, of the member's right of appeal in accordance with this Constitution.

19.9 As soon as practicable after determining a complaint in accordance with clauses 19.6 and 19.7 of this Constitution, the Secretary shall advise the member who made the complaint in writing of the determination of it by the Committee, and of any reasons given by the Committee for its determination.

19.10 No disciplinary action determined in accordance with clause 19.7(b) of this Constitution by the Committee against a member shall take effect:

(a) until the expiration of the appeal period provided in accordance with this Constitution within which the offending member may appeal against the determination; or

(b) in the event that the offending member exercises that member's right of appeal within the appeal period, until that appeal is determined by BNT in General Meeting in accordance with this Constitution.

20. Rights Of Appeal

20.1 A member against whom a determination has been made by the Committee in accordance with clause 19.7(b) of this Constitution may, within 7 days after notice of that determination has been provided to the member in accordance with clause 19.8 of this Constitution, appeal that determination to BNT in General Meeting by lodging a written notice to that effect with the Secretary.

20.2 A notice of appeal lodged with the Secretary in accordance with clause 20.1 of this Constitution may, but need not, be accompanied by a written statement from the member appealing containing the grounds upon which that member seeks to rely in the appeal and any other matters which the member might wish raised in support of the appeal.

20.3 Within 7 days of receiving a notice of appeal from a member, the Secretary shall convene a Special General Meeting on behalf of the Committee in accordance with clause 28.1 of this Constitution to determine the appeal; with such Special General Meeting to be held no more than 28 days after notice of it is forwarded in writing by the Secretary to the members.

20.4 Not less than 14 days prior to the date fixed for the Special General Meeting in accordance with clause 20.3 of this Constitution, the Secretary shall forward to each member copies of:

(a) the notice of appeal;

(b) the complaint;

(c) any written particulars and/or statements provided to the Committee with respect to the complaint in accordance with clauses 19.4 and 19.5 of this Constitution; and

(d) the written advice provided to the offending member pursuant to clause 19.8 of this Constitution.

20.5 At the Special General Meeting convened in accordance with clauses 20.3 and 28.1 of this Constitution to determine the appeal:

(a) no business other than the determination of the appeal shall be transacted;

(b) both the appealing member and the member who made the complaint shall be given a reasonable opportunity to orally address the members attending with respect to the complaint, the determination of it by the Committee and the appeal; and

(c) the members attended the Special General Meeting shall determine the appeal upon a resolution or resolutions of the members carried by secret ballot.

20.6 In determining an appeal in accordance with clause 20.5 of this Constitution, the members attending the Special General Meeting may resolve:

(a) to confirm the determination by the Committee of the complaint;

(b) to revoke the determination by the Committee of the complaint; or

(c) to vary the determination by the Committee of the complaint in such manner as the members, in the exercise of their absolute and unfettered discretion, may themselves, determine.

20.7 Within 7 days after the members in General Meeting have determined an appeal in accordance with clauses 20.5 and 20.6 of this Constitution, the Secretary shall advise the appealing member in writing of the determination of it by the members in General Meeting.

20.8 In the event that the members in General Meeting determine, pursuant to clause 20.6(a) or (c) of this Constitution, either to confirm or vary (but not revoke) a determination of the Committee upon a complaint against a member, that member may, within:

(a) 14 days after notice of the determination of the members in General Meeting has been provided to the member in accordance with clause 20.7 of this Constitution;

(b) such further period as may be allowed from time to time in accordance with the Constitution and/or by-laws of BAI;

appeal the determination of the members in General Meeting to BAI by lodging a written notice to that effect with the Chief Executive Officer of BAI.

20.9 Any appeal to BAI in accordance with Clause 20.8 of this Constitution shall be determined by BAI in accordance with its Constitution and (where applicable) its by-laws.

20.10 BNT and its members acknowledge unreservedly the jurisdiction of BAI to determine any appeal to BAI lodged pursuant to Clause 20.8 of this Constitution, consistently with the Constitution and (where applicable) the by-laws of BAI.

20.11 Upon being advised in writing by BAI of the determination by BAI of any appeal to it pursuant to clause 20.8 of this Constitution, BNT and its members shall forthwith do all things which may be necessary to acknowledge and implement that determination by BAI.

21. General Meetings Of BNT

21.1 The control, management, direction and business of BNT under this Constitution are vested in the members, meeting from time to time in General Meetings duly convened in accordance with this Constitution.

21.2 A General Meeting shall be either:

(a) an Annual General Meeting; or

(b) a Special General Meeting.

22. Notice Of General Meeting

    1. Where the nature of the business to be dealt with at a General Meeting calls for consideration of one or more motions for special resolutions, the Secretary shall, no less than 14 days prior to the date fixed for the holding of the General Meeting forward to each member a notice in writing specifying or alternatively

advertised in the main local paper under public notices.

(a) the place, date and time fixed for the General Meeting;

(b) the nature of the business to be dealt with at the General Meeting; and

(c) the terms of each motion for a special resolution.

22.2 Save for General Meetings convened in accordance with either clause 20.3 or clause 28.5 of the Constitution, the Secretary shall, no less than 14 days prior to the date fixed for the holding of a General Meeting, forward to each member notice in writing specifying:

(a) the place, date and time fixed for the General Meeting; and

(b) the nature of the business to be dealt with at the General Meeting.

22.3 Not less than 26 hours prior to the time fixed for the holding of the General Meeting, each member club shall advise the Secretary in writing of the name of the delegate duly appointed by that member club to cast its votes at the General Meeting.

22.4 Only registered competitor members, associate individual members and life members shall be eligible for appointment by member clubs to be their delegates at the General Meetings.

22.5 No business other than business specified in the notice convening a General Meeting in accordance with this Constitution shall be transacted at that General Meeting; save, in the case of any Annual General Meeting, for such other business as may be required to be dealt with at that Annual General Meeting under this Constitution.

22.6 A member who seeks to raise any business at a General Meeting may give notice in writing of the matter or matters to the Secretary; who shall include reference to the matter or matters in the notice convening the next General Meeting in accordance with this Constitution (not being a General Meeting convened pursuant to clause 20.3 or clause 28.5 of this Constitution).

23. The Presiding Member At A General Meeting

23.1 The President, or, if the President is absent, unable or unwilling to act, the Vice-President, shall preside as chairperson at each General Meeting.

23.2 In the event that both the President and the Vice-President are absent, unable or unwilling to act, the member club delegates present at the General Meeting shall elect one of their number to preside as chairperson at the General Meeting.

24. Procedure At A General Meeting

24.1 No item of business shall be transacted at a General Meeting unless a quorum of member club delegates is present at the General Meeting at the time the item of business is considered.

24.2 Five member club delegates or tournament officials present in person constitute a quorum for the transaction of any business at a General Meeting.

24.3 If within half an hour after the appointment time for the commencement of a General Meeting, a quorum of member club delegates is not present, the General Meeting shall:

(a) if convened by or on the requisition of members in accordance with this Constitution, be deemed to be closed; and

(b) in any other case, stand adjourned to the same time 7 days thereafter at the same venue (unless another venue is specified at the time of adjournment by the member presiding; or is otherwise communicated by notice in writing by and from the Secretary to the members provided before the adjourned day).

24.4 If, at an adjourned General Meeting, a quorum of member club delegates is not present within half an hour after the appointed time for the commencement of the General Meeting:

(a) at least 3 member club delegates are present, those member club delegates shall constitute a quorum; and

(b) at least 3 member club delegates are not present, the General Meeting shall be deemed to be closed.

 

24.5 The chairperson of a General Meeting at which a quorum is present in accordance with this Constitution shall, on the vote of the majority of member club delegates present, adjourn the General Meeting to a time and venue specified.

24.6 If a General Meeting is adjourned for 14 days or more, the Secretary shall provide written notice of the adjourned General Meeting to each member; specifying the place, date and time of the adjourned General Meeting and the nature of the business to be dealt with at the adjourned General Meeting.

24.7 Except as provided in clause 24.6 of this Constitution, no notice of the adjournment of a General Meeting, or of the business to be dealt with at the adjourned General Meeting, need be provided to the members.

24.8 No business shall be dealt with at an adjourned General Meeting other than the business not dealt with, or left unfinished at the original General Meeting which was adjourned.

 

 

25. Voting At General Meetings

25.1 No member club delegate shall be entitled to vote on behalf of his or her member club at a General Meeting unless and until all monies due and payable to the Association by:

(a) the member club delegate; and

(b) his or her member club;

have been paid in full.

25.2 A question arising at a General Meeting shall be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded in accordance with this Constitution, a declaration by the chairperson of the General Meeting that the question has, on the show of hands, been carried unanimously, carried by a particular majority, lost unanimously or lost by a particular majority, or an entry to that effect in the Minute Book of the Association, shall be evidence of that fact.

25.3 A poll may be demanded on any question arising at a General Meeting by:

(a) the chairperson of the General Meeting; or

(b) not less than 3 member club delegates present at the General Meeting.

25.4 If a poll is demanded in accordance with this Constitution at a General Meeting, the poll shall be conducted:

(a) in the case of a poll which relates to the election of the chairperson of the General Meeting, or to an adjournment; immediately; and

(b) in any other case; at such time prior to the close of the General Meeting as the chairperson of the General Meeting may direct.

25.5 In the case of an equality of votes on any question at a General Meeting, the chairperson of the General Meeting shall have a casting vote in addition to any vote he or she may have as a member club delegate.

26. Special Resolutions At General Meetings

26.1 Subject to clause 26.2 of this Constitution, a resolution carried at a General Meeting shall be deemed to be a special resolution provided that:

(a) not less than 21 days written notice was provided to the members in accordance with this Constitution of the proposal to move the resolution; and

(b) not less than three-quarters of the member clubs entitled to vote under this Constitution voted in favour of the resolution by their respective delegates at the General Meeting.

26.2 Where it is first made to appear to the Commissioner that it is not practicable to carry a resolution in the manner required by clause 26.1 of this Constitution, the resolution may be carried as a special resolution if it is carried in the manner specified by the Commissioner.

27. Annual General Meetings Of BNT

27.1 BNT shall hold its first Annual General Meeting within the period of:

(a) 18 months immediately following its incorporation under the Act; and

(b) 9 months immediately following the expiration of the first financial year of BNT.

27.2 Save for the first Annual General Meeting, the Committee shall convene an Annual General Meeting at least once in each calendar year and within a period of 9 months immediately following the expiration of each financial year of BNT.

27.3 The requirements of clauses 27.1 and 27.2 of this Constitution shall be observed subject to any further or other direction or indulgence which may be granted from time to time by the Commissioner to BNT.

27.4 Subject to Clauses 27.1, 27.2 and 27.3 of this Constitution, and to the Act, each Annual General Meeting shall be convened at such place, on such date and at such time as the Committee may from time to time consider fit.

27.5 An Annual General Meeting shall be specified as being such in the written notice to members convening the same.

27.6 The business to be dealt with at an Annual General Meeting shall include:

(a) the confirmation or correction of the minutes of the last preceding Annual General Meeting, and of all Special General Meetings (if any) held since that last Annual General Meeting;

(b) the reception and consideration of Committee reports on the activities of BNT over the period since the last preceding Annual General Meeting;

(c) the election of office bearers;

(d) the reception and consideration of any other statements or reports required by the Act to be submitted to the members; and

(e) any other business of which notice has been given in accordance with this Constitution.

28. Special General Meetings Of BNT

28.1 The Committee may, whenever it thinks fit, convene a Special General Meeting.

28.2 The Committee shall, on behalf so requisitioned in writing by not less than 10 per cent of the total number of member clubs entitled to vote under this Constitution, convene a Special General Meeting.

28.3 For the purposes of clause 28.2 of this Constitution, a requisition in writing by member clubs for a Special General Meeting:

(a) shall state the purpose or purposes of the proposed Special General Meeting;

(b) shall be duly executed by or on behalf of the member clubs so requisitioning;

(c) shall be lodged with the Secretary; and

(d) may consist of one or more duplicate requisition documents; each executed by or on behalf of one or more of the member clubs so requisitioning.

28.4 Upon receiving a requisition in writing duly executed in accordance with clause 28.3 of this Constitution, the Secretary shall forthwith refer the same to the Committee.

28.5 If the Committee fails to convene a Special General Meeting within one month after the date on which the requisition in writing for the same was lodged with the Secretary in accordance with clause 28.3 of this Constitution, any two or more of the member clubs who so made the requisition may themselves convene a Special General Meeting; to be held not more than 3 months after the date they convened the same.

28.6 A Special General Meeting convened by member clubs in accordance with clause 28.5 be convened as nearly as practicable in the same manner as General Meetings are otherwise convened under this Constitution by the Committee; and any member club which reasonably views expenses in consequence thereof is entitled to be reimbursed for the same by BNT.

 

29. The Committee Of BNT

29.1 The control, management, direction and business of BNT under this Constitution are, between General Meetings of BNT duly convened under this Constitution, vested in the Committee of BNT; acting in accordance with this Constitution.

29.2 Subject to the requirements of the Act and of this Constitution, the Committee is empowered to:

(a) exercise all functions as may be exercised by BNT other than functions which are required by this Constitution to be exercised by the members in General Meeting;

(b) perform all acts and do all things which may appear to the Committee to be necessary or desirable in the proper management of the affairs of BNT;

(c) adopt such by-laws for the proper management and administration of BNT as may be consistent with this Constitution.

29.3 The Committee shall:

(a) at all times act in accordance with and furtherance of, the Australian Sports Commission's National Sporting Organisation Governance Principles of Best Practice, May 2002 (as amended);

(b) at all times act in accordance with, and furtherance of, the objects specified in the Constitution of BAI, and with the objects specified in clause 3 of this Constitution;

(c) develop a strategic plan for BNT; to be submitted by the Committee for consideration, adoption or amendment at the Annual General Meeting next following the adoption of this Constitution; and

(d) develop and implement policies in relation to member protection, equal opportunity, equity, drugs in sport, health, safety, risk management, junior and senior programs and such other matters as may arise from time to time; all such policies being consistent with, and complimentary to, similar policies developed and implemented by BAI.

(e) effect and maintain all insurance policies for and on behalf of BNT and its members as the Committee may from time to time deem necessary or otherwise appropriate.

29.4 In the discharge of its functions, powers and responsibilities under this Constitution, the Committee shall at all times act in accordance with the Act and, subject to the requirements of the Act and of this Constitution, in conformity with resolutions of the members in General Meeting.

29.5 The Committee shall consist of the office bearers of BNT.

29.6 The officer bearers of BNT shall be:

(a) the President;

(b) the Vice-President;

(c) the Secretary; and

(d) the Treasurer.

29.7 It is the duty of the President to chair General Meetings and meetings of the Committee; and the President shall have such other duties as may be vested in him or her from time to time by the members in General Meeting or by the Committee; consistent with this Constitution.

29.8 It is the duty of the Vice-President to chair General Meetings and meetings of the Committee in the absence of the President; and the Vice-President shall have such other duties as may be vested in him or her from time to time by the members in General Meeting or by the Committee; consistently with this Constitution.

29.9 It is the duty of the Secretary to:

(a) keep minutes of the names and addresses of all elected and casually-appointed office bearers;

(b) keep minutes of the names of all persons present at General Meetings of BNT and meetings of the Committee;

(c) keep minutes of all proceedings at General Meetings and meetings of the Committee; and

(d) do such other things as may be required of him or her pursuant to this Constitution; and

the Secretary shall have such other duties as may be vested in him or her from time to time by the members in General Meeting or by the Committee; consistently with this Constitution.

29.10 It is the duty of the Treasurer to:

(a) ensures that all monies due and payable to BNT are received and collected by the association;

(b) ensure that all monies properly payable by BNT are duly paid;

(c) to ensure that books of account and other financial records are properly kept for and on behalf of BNT; with such books and records properly recording the financial affairs of BNT, including all receipts received, and all expenditure made, by or in connection with BNT and its activities; and

(d) do such other things as may be required of him or her pursuant to this Constitution; and

the Secretary shall have such other duties as may be vested in him or her from time to time by the members in General Meeting or by the Committee; consistently with this Constitution.

30. Election Of Office Bearers

30.1 Each office bearer shall be elected at each Annual General Meeting.

30.2 Subject to this Constitution, each office bearer shall hold office as such until the conclusion of the Annual General Meeting of BNT immediately following the Annual General Meeting at which he or she was elected; and such office bearer is eligible for re-election as an office bearer at that succeeding Annual General Meeting.

30.3 To be eligible to be an office bearer, a person shall be:

(a) a member;

(b) solvent within the meaning of the Bankruptcy Act 1966.

30.4 Not less than 6 weeks prior to the date fixed for each Annual General Meeting of BNT by the Committee in accordance with clause 27.2 of this Constitution, the Secretary shall forward to each member a notice in writing specifying the place, date and time fixed for the Annual General Meeting; and calling for nominations from members for election to office as specified office bearers.

30.5 Following the provision by the Secretary of the notice in writing referred to in clause 30.4 of this Constitution, an eligible member may nominate for election as a specific office bearer.

30.6 Each nomination for election in accordance with clause 30.5 hereof shall be:

(a) in the form set out in Appendix 2 to this Constitution;

(b) signed by the nominee, a proposer and a seconder (which proposer and seconder must each be a current financial or life member of BNT); and

(c) lodged with the Secretary not less than 30 days prior to the date fixed for the holding of the Annual General Meeting at which the election is to take place in accordance with this Constitution.

30.7 If no nomination is received for election to the office of a specified office bearer in accordance with clauses 30.4, 30.5 and 30.6 of this Constitution, the Secretary shall forthwith, by notice in writing forwarded to each member, again call for nominations from members for election to that office.

30.8 Following the provision by the Secretary of a notice in writing referred to in clause 30.7 of this Constitution, an eligible member may nominate for election to the office of the office bearer specified in the notice; and any such nomination shall comply with the requirements of clause 30.6 of this Constitution, save only that it may be lodged with the Secretary not less than 24 hours prior to the time fixed for the holding of the Annual General Meeting.

30.9 The Secretary shall promptly advise every nominee in writing that his or her nomination has been received; and shall either confirm that the nomination is in order or otherwise inform the nominee of the reason or reasons why the nomination is not in order.

30.10 If no valid nomination is received in accordance with either clause 30.5 or clause 30.8 of this Constitution for election to the office of a specified office bearer, there shall be deemed to be a casual vacancy in that office as from the time of conclusion of the Annual General Meeting.

30.11 If only one valid nomination is received in accordance with either clause 30.5 or clause 30.8 of this Constitution for election to the office of a specified office bearer, the nominee shall be deemed to be duly elected to that office.

30.12 If more than one valid nomination is received in accordance with either clause 30.5 or clause 30.8 of this Constitution for election to the office of a specified office bearer, a ballot for such office shall be conducted by the Secretary at the Annual General Meeting in such manner as the Committee may reasonably direct from time to time.

30.13 In the event that a ballot is to be conducted for the office of a specified office bearer, the chairperson of the Annual General Meeting at which the ballot is to be conducted shall provide a reasonable opportunity for the nominees for election to that office to address the members present at the General Meeting prior to the ballot being conducted.

30.14 From the time the Secretary calls for nominations from members for election to office as specified office bearers in accordance with clause 30.4 of this Constitution until the time fixed for the Annual General Meeting in accordance with clause 27.2 of this Constitution, the Secretary shall promptly provide the names and contact particulars of all nominees for election to any member requesting the same; and such names and contact particulars may be provided in writing or orally or electronically.

30.15 Any act or thing done or suffered by the Committee or by a Sub-Committee shall be valid and effectual notwithstanding any defect which might subsequently be discovered in the appointment or qualification of any member of the Committee or the Sub-Committee act the time the act or thing was done or suffered.

31. Casual Vacancies On The Committee

31.1 For the purpose of this Constitution, a casual vacancy shall occur in the office of an office bearer:

(a) in the circumstances specified in clause 30.10 of this Constitution; or,

if between Annual General Meetings, the officer bearer:

(b) dies;

(c) ceases for any reason to be a member of BNT;

(d) ceased to be a resident of Australia;

(e) becomes a bankrupt or is otherwise insolvent within the meaning of the Bankruptcy Act 1966;

(f) resigns from office by a notice in writing provided to the Secretary or the President;

(g) is removed from office in accordance with clause 32.1 of this Constitution;

(h) becomes a professional;

(i) becomes insane or of unsound mind; or

(j) is absent from 4 consecutive meetings of the Committee without the consent of the Committee.

31.2 In the event of a casual vacancy in the office of an office bearer, the Committee shall forthwith appoint an eligible member to fill the vacancy; and the eligible member so appointed shall hold office as the office bearer, subject to this Constitution, until such office is filled at the next Annual General Meeting in accordance with this Constitution.

31.3 The Committee may perform any of its functions, and exercise any of its powers notwithstanding that there may be at the time a casual vacancy on the Committee.

32. Removal Of Office Bearers

32.1 The member club delegates at a Special General Meeting may, by special resolution, remove an office bearer from his or her office between Annual General Meetings; and, by ordinary resolution duly carried by the member club delegates present at the Special General Meeting, may appoint another eligible member to hold that office until the same is filled at the next Annual General Meeting in accordance with this Constitution.

32.2 An office bearer, in relation to whom a notion for a special resolution for removal in accordance with clause 32.1 of this Constitution has been proposed in accordance with clause 26.1 of this Constitution, may lodge a concise statement in writing as to his or her case with respect to the proposed removal with the Secretary or the President.

32.3 In the event that a statement is lodged with the Secretary or President in accordance with clause 32.2 of this Constitution, the Secretary or President may cause a copy of the statement to be forwarded to each member; and, in the event that it is not so forwarded, the office bearer whose removal is being sought by the proposed motion shall be entitled to require that the statement be read out at the Special General Meeting at which the motion is moved.

33. Committee Meetings

33.1 The Committee shall meet at least 3 times in each consecutive period of 12 months at such place, date and time as the Committee in its absolute discretion may determine.

33.2 Additional meetings of the Committee may be convened from time to time by the President or by any other 2 members of the Committee.

33.3 Written or oral notice of a meeting of the Committee must be given by the Secretary to each other member of the Committee not less than 48 hours (or such other period as may be unanimously determined by the Committee from time to time) prior to the time appointed for the holding of the meeting.

33.4 Notice of a meeting provided in accordance with clause 33.3 of this Constitution shall specify the place, date and time for the meeting; and must specify the general nature of the business to be dealt with at the meeting.

33.5 No item of business shall be transacted at a Committee meeting unless a quorum of members of the Committee is present at the meeting at the time the item of business is considered.

33.6 Three members of the Committee present constitute a quorum for the transaction of any business at a Committee meeting.

33.7 If within half an hour after the appointed time for the commencement of a Committee Meeting, a quorum of members of the Committee is not present, the meeting shall stand adjourned to the same time 7 days thereafter at the same venue (unless another venue is specified at the time of adjournment by the member of the Committee presiding; or is otherwise communicated by notice in writing by and from the Secretary to the other members of the Committee before the adjourned day).

33.8 If, at an adjourned Committee meeting, a quorum of members of the Committee is not present within half an hour after the appointed time for the commencement of the meeting, the meeting shall be deemed to be closed.

33.9. The President, or, if the President is absent, unable or unwilling to act, the Vice-President, shall preside as chairperson at each Committee meeting.

33.10 In the event that both the President and the Vice President are absent, unable or unwilling to act, either one of the two remaining members of the Committee present at the Committee meeting may, with the consent of the other remaining member of the Committee, preside at the meeting for the purposes of clause 33.7 of this Constitution.

33.11 A member of the Committee must declare to the Committee any conflict of interest that Committee member might have in any financial, contractual or disciplinary matter, in any selection or appointment matter, or in any other matter arising in the business and affairs of the Committee or BNT; and, unless otherwise unanimously sanctioned by the other members of the Committee, shall absent himself or herself from discussion of the matter, and shall not be entitled to vote in respect of the matter.

33.12 All declarations of conflict of interest made by a member of the Committee in conformity with clause 3.11 of this Constitution shall be minuted by the Secretary in the Minute Book of the Committee.

34. Sub-Committee

34.1 The Committee may, by written instruments of delegation, delegate to one or more Sub-Committees established by the Committee the exercise of such functions or powers of the Committee as may be specified in the instruments of delegation other than:

(a) any function or power vested by the Act or otherwise by law in the Committee; and

(b) a power of delegation.

34.2 Each Sub-Committee shall be composed of such:

(a) members of the Committee;

(b) other eligible members;

as the Committee may from time to time determine.

34.3 A function or power of the Committee duly delegated to a Sub-Committee subject to such conditions as to the performance of any function, or the exercise of any power, as may be specified in the instrument of delegation.

34.5 Notwithstanding any delegation of a function or power to a Sub-Committee in accordance with clause 34.1 of this Constitution, the Committee may at any time, and from time to time, continue to itself perform the function, or exercise the power, so delegated.

34.6 Any act or thing done or suffered by a Sub-Committee acting in the performance of a function, or in the exercise of a power, delegated to the Sub-Committee in accordance with clause 34.1 of this Constitution shall have the same force and effect as it would have had if it had been done or suffered by the Committee.

34.7 A Sub-Committee may, subject to and consistently with its instrument of delegation, meet, deliberate, act and adjourn as it may think proper and appropriate.

34.8 The Committee may, by instrument in writing:

(a) abolish any Sub-Committee; or

(b) revoke or amend any instrument of delegation to a Sub-Committee.

35. Voting At Committee Meetings

35.1 Matters arising at meetings of the Committee, or of any Sub-Committee, shall be determined by a majority of the votes of the members of the Committee or the Sub-Committee present at the meeting.

35.2 Each member of the Committee, or of any Sub-Committee, present at a meeting of the Committee or the Sub-Committee (as the case may be) shall be entitled to one vote; but in the event of any equality of votes cast on any matter, the chairperson of the Committee or Sub-Committee shall have a second and deciding vote.

36. BAI Council Delegates And Substitute Delegates

36.1 The Committee shall from time to time appoint an eligible member to represent the Association at meetings of BAI's Council.

36.2 Each BAI Council delegate appointed in accordance with clause 36.1 of this Constitution shall be vested with the power and authority to represent BNT at meetings of BAI's Council and to cast the Association's vote at such meetings.

36.3 The Committee may from time to time appoint an eligible member to act in lieu of BNT's BAI Council delegate for such period or periods as the Committee may deem necessary.

36.4 The Secretary must advise the Secretary of BAI in writing of the name and contact particulars of each BAI Council delegate and substitute delegate duly appointed by the Committee in accordance with clause 36.1 or 36.3 of this Constitution as soon as practicable after the same is so appointed and, in any event, prior to the first meeting of BAI's Council to be attended by that BAI Council delegate or substitute delegate.

 

37. Association Finances

37.1 The funds of BNT shall be derived from:

(a) the annual membership subscription fees paid by members in accordance with this Constitution;

(b) entrance fees charged at events organised by or on behalf of BNT;

(c) donations made to BNT; and

(d) subject to the Act, any other law and any resolution duly carried by the members on General Meeting in accordance with this Constitution, such other sources as the Committee may from time to time determine.

37.2 All money received by BNT shall be deposited as soon as practicable after receipt thereof, and without deduction, in a bank account for BNT opened in its name.

37.3 The Committee shall ensure that, as soon as practicable after receipt by BNT of any money, the payer of the money is provided with a written or electronic receipt therefor.

37.4 Subject to the Act, any other law and any resolution duly carried by the Members in General Meeting in accordance with this Constitution, the funds of BNT are to be used in pursuant of the objects of BNT referred to in clause 3 of this Constitution in such manner as the Committee may determine from time to time.

37.5 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments of BNT shall be signed by any two members of the Committee and/or employees of BNT; being members and employees being first authorised to so sign by the Committee.

37.6 BNT's year, for all financial and other purposes, shall begin on the first day of January in each year and end on the last day of December in the same year.

38. Custody And Inspection Of BNT Records

38.1 Subject to the requirements of clause 29.10(c) of this Constitution, the Secretary shall at all times keep in his or her custody, power or control all Registers, records, books and other official documents relating to BNT.

38.2 Without limiting the generality of clause 9.4, clause 9.5 and clause 30.14 of this Constitution, the Secretary and the Treasurer shall, on request, permit any member of BNT to inspect, free of any charge, all records, books, accounts and other official documents relating to BNT which are in the possession, power or control of the Secretary and the Treasurer respectively at any reasonable time following such request.

39. Custody And Use Of The Common Seal

39.1 BNT shall have a common seal, which shall at all times remain in the care and custody of the Secretary.

39.2 The common seal of BNT shall not be affixed to any document save by authority of the Committee.

39.3 The affixation of the common seal of BNT to any document shall be attested by the signatures of two members of the Committee.

40. Submission Of The Association To BAI

40.1 Subject to the Act, to the other laws of the Northern Territory of Australia and to the laws of the Commonwealth of Australia, in the event of any conflict between any provision in this Constitution and the provisions of the Constitution of BAI from time to time, the provisions of the Constitution of BAI shall prevail as if they were provisions of this Constitution in substitution for the conflicting provision in this Constitution.

40.2 In the event of any ambiguity in the interpretation or application of any provision in this Constitution, the same shall be interpreted or applied consistently with the Constitution, by laws and duly adopted policies of BAI.

40.3 BNT shall adopt those by-laws made by BAI from time to time which:

(a) relate to the conduct of all boxing competitions; or

(b) authorise BAI, where appropriate, to test and/or discipline any boxer or boxing official, who is a member of, or otherwise registered with, BNT, in accordance with BAI's Anti-Doping or Member Protection Policies; as amended from time to time.

40.4 Without limiting the requirements of clause 40.3 of this Constitution, by the adoption of this Constitution, BNT shall be taken at all times to authorise BAI, where appropriate, to test and/or discipline any boxer or boxing official, who is a member of, or otherwise registered with, BNT, in accordance with BAI's Constitution, by laws and Anti-Doping or Member Protection Policies; as amended from time to time.

41. Register Of Boxers

41.1 The Secretary shall establish and maintain a Register of Boxers on behalf of BNT.

41.2 The Secretary shall be responsible at all times for ensuring that the Register of Boxers shall contain current information concerning:

(a) the name of each registered boxer;

(b) the address of each registered boxer; and

(c) such other information as may from time to time be required by the Committee.

41.3 Any boxer may apply in writing to the Committee, through the Secretary, to be registered on the Register of Boxers.

41.4 The Committee may, in the exercise of its absolute and unfettered discretion, refuse to register any applicant for registration on the Register of Boxers without necessarily providing any reason for such refusal.

41.5 Without limiting the generality of clause 41.4 of this Constitution, the Committee shall not register any applicant for registration on the Register of Boxers whilst that boxer is the subject of any current disqualification or suspension from competition as a boxer imposed by:

(a) BAI in accordance with its Constitution; or

(b) any other club, association or body, being a member of BAI, in accordance with the Constitution of that club, association or body.

41.6 No boxer shall be entitled to compete in any boxing competition, or participate as a boxer in any promotion, organised, controlled or sponsored by BNT unless duly registered by the authority of the Committee on the Register of Boxers.

42. Register Of Boxing Officials

42.1 The Secretary shall establish and maintain a Register of Boxing Officials on behalf of BNT.

42.2 The Secretary shall be responsible at all times for ensuring that the Register of Boxing Officials shall contain current information concerning:

(a) the name of each registered boxing official;

(b) the address of each registered boxing official;

(c) the category or categories of boxing officials represented by each registered boxing official; and

(d) such other information as may from time to time be required by the Committee.

42.3 Any boxing official may apply in writing to the Committee, through the Secretary, to be registered on the Register of Boxing Officials.

42.4 The Committee may, in the exercise of its absolute and unfettered discretion, refuse to register any applicant for registration as the Register of Boxing Officials without necessarily providing any reason for such refusal.

42.5 Without limiting the generality of clause 42.4 of this Constitution, the Committee shall not register any applicant for registration of the Register of Boxing Officials whilst that boxer is the subject of any current disqualification or suspension as a boxing official imposed by:

(a) BAI in accordance with its Constitution; or

(b) any other club, association or body, being a member of BAI in accordance with the Constitution of that club, association or body.

42.5 No boxing official shall be entitled to officiate in any capacity as a boxing official at any boxing competition, or at any boxing promotion, organised, controlled or sponsored by BNT unless duly registered by the authority of the Committee on the Register of Boxing Officials.

43. Toughman Contests

43.1 So as to ensure that applicable AIBA standards are at all times observed, BNT shall not organise, conduct, or sanction or participate in any way in any toughman contest.

43.2 No member of BNT shall box in, officiate at, or in any way or ways otherwise participate in any toughman contest.

44. Provision of Notices

44.1 For the purposes of this Constitution, a notice may be validly forwarded or provided to a member:

(a) by delivering it personally to that member;

(b) by posting it by ordinary pre-paid post to the registered or last known postal address of that member; or

(c) by forwarding it by facsimile transmission, or email or such other form of electronic transmission as may be nominated by that member.

44.2 For the purposes of this Constitution, a notice shall be presumed to have been received by a member, unless the contrary is proved:

(a) in the case of a notice delivered personally to that member; on the date on which it was so delivered;

(b) in the case of a notice posted by ordinary pre-paid post; on the date on which it would have been received in the ordinary course of such post; and

(c) in the case of a notice forwarded by facsimile transmission, email or some other form of electronic transmission; on the date it was so transmitted; save only that if the electronic instrument from which the notice was transmitted produced a written or electronic report indicating that the notice was transmitted on some later date, on that date.

45. Variations To Constitution

45.1 No clause in this Constitution may be deleted, varied or supplemented save by special resolution duly carried by the members in General Meeting in accordance with this Constitution.

45.2 No new clause may be inserted into this Constitution save by special resolution duly carried by the members in General Meeting in accordance with this Constitution.

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