Australian Baseball

 

 
 
 
 

Discontinuance of Membership

ASSOCIATIONS INCORPORATION ACT 1985 (SA)

RULES

of

AUSTRALIAN BASEBALL FEDERATION INCORPORATED

PART III - MEMBERSHIP

 

(Adopted by Council 27 February 1999)

 

| PDF Version | Table of Contents |
| Notice of Resignation | Expiration of Notice Period | Member's Failure to Comply | Forfeiture of Rights |
| Council Representation Rights | Membership May be Reinstated | Cessation of Membership |
 

 

10     DISCONTINUANCE OF MEMBERSHIP

10.1   Notice of Resignation

Subject to these Rules, any Member (other than a Member State) which has paid all monies due and payable to the Federation and has no other liability (contingent or otherwise) to the Federation may resign from the Federation by giving 3 months' notice in writing to the Federation of such intention to withdraw or resign and upon the expiration of that period of notice, the Member shall cease to be a Member.  A Life Member who has paid all monies due and payable to the Federation may resign by notice in writing with immediate effect.

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10.2   Expiration of Notice Period

Subject to Rule 10.7, upon the expiration of any notice period applicable under Rule 10.1, an entry recording the date on which the Member who or which gave notice ceased to be a Member shall be recorded in the register.

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10.3   Member's Failure to Comply

Notwithstanding Rule 11 where a Member (including a Member State) fails to comply with its financial and reporting obligations under these Rules and Regulations, the Board may determine that Member to be not of good standing.  On determination that a Member is not of good standing, the Board may give notice to the Member of:

(a)     the Board's determination; and

(b)     the grounds for the Board's determination;

and request that the Member show cause within one month from the date of that notice as to why some action should not be taken against the Member.  The Member's failure to respond or act to the Board's satisfaction (including assurances or compliance with its obligations) may result in the Board suspending or terminating the Member's membership of the Federation, or otherwise imposing such conditions on the Member's membership, as the Board sees fit.  Where the relevant Member is a Member State, any penalty imposed on that Member State must be by resolution of the Council.  Nothing in this clause effects the operation of Rules 6 (d) and (e).

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10.4   Forfeiture of Rights

A Member (including a Member State) who or which ceases to be a Member for whatever reason shall forfeit all rights in and claim upon the Federation and its property, including Intellectual Property.  Any Federation documents, records or other property in the possession, custody or control of that Member shall be returned to the Federation.

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10.5   Council Representation Rights

Where a Member State ceases to be a Member it shall forfeit all representation rights on the Council.  A Member State shall return any Federation documents, records or other property in its possession, custody or control to the Federation immediately upon cessation of membership.

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10.6   Membership May be Reinstated

Membership which has lapsed, been withdrawn or terminated under these Rules may be reinstated at the discretion of the Board, on application in accordance with these Rules and otherwise on such conditions as the Board sees fit.

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10.7   Cessation of Membership

Where a Member State ceases to be a Member in accordance with these Rules or the Act, the Individual Members and State Affiliates of that Member State may cease or remain Members to the extent (if any) and for such time (if any) as is determined in the sole discretion of the Board.

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