AUSTRALIAN BASEBALL FEDERATION INCORPORATED
PART 1 - INTERPRETATION
(Adopted by Council 27 February 1999)
In these Rules, unless the contrary intention appears, these words shall have the following meanings:
"Act" means the Associations Incorporation Act 1985 (SA) or any other act under which the Federation may be incorporated from time to time.
"Board" means the Board constituted under these Rules.
"Chief Executive Officer" means the Chief Executive Officer of the Federation for the time being appointed under these Rules.
"Council" means the body comprised of the State Delegates.
"Director" means a member of the Board and includes any person acting in that capacity from time to time.
"Event" means and includes:
(a) any championship (national or otherwise) organised or conducted by a Member State for or on behalf of the Federation;
(b) any championship, competition, series or game sponsored by or conducted by or on behalf of the Federation; or
(c) any international ccompetition, series, game or championship at which the Federation is represented.
"Financial year" means the year commencing 1 July and ending 30 June in any year.
"General Meeting" means the annual or any special general meeting of the Federation.
"Individual Member" means a registered financial individual member of a Member State.
"Intellectual Property" means all rights or goodwill subsisting in copy right, business names, names, trade marks (or signs), logos, designs, patents or service marks (whether registered or registrable) relating to the Federation or any Event, competition or baseball activity of or conducted, promoted or administered by the Federation.
"Judiciary Committee" means a standing committee of the Federation constituted by delegation under Rule 29.
"Life Member" means an individual upon whom Life Membership of the Federation has been conferred under Rule 5.3.
"Member" means a member for the time being fo the Federation under Part III of these Rules.
"Member State" means an independent entity recognised under Rule 3.1 to administer the sport of baseball in its particular State or Territory.
"Official" means any administrator, coach, umpire, team manager, scorer, statistician or other person who has a position as an official in the sport of baseball.
"Regulations" means any Regulations made by the Board under Rule 30.
"Rules" means these Rules of the Federation and include the Statement of Purposes of the Federation.
"Seal" means the common seal of the Federation and includes any official seal of the Federation.
"Special Resolution" means a resolution passed:
(a) at a General Meeting of the Federation of which 21 days notice, accompanied by notice of intention to propose a resolution as a special resolution, has been given to the Members in accordance with these Rules; and
(b) by at least three quarters of those Members who, being entitled to vote, vote in person at the meeting or by another form of visible or electronic communication approved by the Federation from time to time.
"State" means a State of Australia and includes the Territories of Australia.
"State Act" means the state associations incorporation legislation (by whatever name called) governing the Members, including the Act.
"State Affiliates" means associations affiliated as members of Member States.
"State Delegate" means the persons elected or appointed from time to time by a Member State to act for and on behalf of that Member State and represent the Member State at General Meetings.
In these Rules:
(a) a reference to a function includes a reference to a power, authority and duty;
(b) a reference to the exercise of a function includes, where the function is a power, authority or duty, a reference to the exercise of the power of authority or the performance of the duty;
(c) words importing the singular include the plural and vice versa;
(d) words importing any gender include the other genders;
(e) references to persons include corporations and bodies politic;
(f) references to a person include the legal personal representatives, successors and permitted assigns of that person;
(g) a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any legislative authority having jurisdiction); and
(h) a reference to writing shall unless the contrary intention appears, be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form, including messages sent by electronic mail.
If any provision of these Rules or any phrase contained in them is invalid or unenforceable in any jurisdiction, the phrase or provision is to be read down for the purpose of that jurisdiction if possible so as to be valid and enforceable. If the rule or phrase cannot be so read down it shall be severed to the extent of the invalidity or unenforceability. Such severance shall not affect the remaining provisions of these Rules or affect the validity or enforceability of any provision in any other jurisdiction.
Except where the contrary intention appears, in these Rules an expression that deals with a matter dealt with by a particular provision of the Act has the same meaning as that provision of the Act.