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ANNUAL REPORT 2010 sub-Branch - Blacktown RSL

ANNUAL REPORT 2010 sub-Branch - Blacktown RSL

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SECOND SPECIAL RESOLUTION.That the Constitution of the City of <strong>Blacktown</strong> <strong>RSL</strong> Club Ltd be amended by:1. Deleting Rule 38(b) in its entirety.2. Deleting Rule 38(c) in its entirety and replacing it with the following new Rule 38(c):‘(c) An Authorised Person may refuse to admit to, or may turn out of, the Club’s premises any person:(i) who is at the time intoxicated, indecent, violent, quarrelsome or disorderly;(ii) whose presence on the Club’s premises renders the Club or the Secretary liable to a penaltyunder any law;(iii) who smokes, within the meaning of the Smoke-Free Environment Act 2000 (NSW), while onany part of the Club’s premises that is a smoke-free area within the meaning of that Act;(iv) who uses, or has in his or her possession, while on the Club’s premises any <strong>sub</strong>stance thatthe Authorised Person suspects of being a prohibited plant or a prohibited drug; or(v) whom the Authorised Person, under the conditions of the Club Licence or according to a term(of the kind referred to in section 134 of the Liquor Act) of a local liquor accord, is authorisedor required to refuse access to the Club’s premises.’EXPLANATORY NOTES – SPECIAL RESOLUTION 21. Rule 38(b) sets certain penalties which must be applied for breaches of the Constitution and otherinappropriate conduct (such as supplying liquor to a minor). The Board considers that it is moreappropriate to deal with breaches of the Constitution and such conduct in accordance with Rule38(a). Rule 38(a) sets out a comprehensive disciplinary procedure which allows the Board to applythe principles of natural justice and procedural fairness which are upheld by the courts with respect todisciplinary proceedings. Also, Rule 38(b) does not allow the Board to apply the ClubsNSW BestPractice Guidelines for the Conduct of Disciplinary Proceedings, which it may otherwise do whererelevant to the circumstances. Therefore, the Board considers that Rule 38(b) should be deleted asset out in paragraph 1 of Special Resolution 2, and such conduct should be dealt with under thedisciplinary procedures in Rule 38(a).2. Paragraph 2 of special resolution 2 replaces the existing Rule 38(c) with a new Rule that reflects thecurrent standards for when a person will be refused admittance to, or be removed from, the Club’spremises for inappropriate behaviour. This is generally reflective of sections 73 and 77 of the LiquorAct 2007.NOTES TO MEMBERS REGARDING THE SPECIAL RESOLUTIONS.1. Each special resolution must be considered separately and as a whole, and will not be amended bymotions from the floor of the meeting.2. Financial <strong>RSL</strong> Members, financial Associate Members and Life Members are entitled to vote on eachspecial resolution.3. Employees are prohibited from voting and proxy voting is prohibited under the Registered Clubs Act.4. A special resolution will only be passed if at least a 75% majority of the Members present at themeeting who are entitled to vote and cast their vote on that special resolution, vote in favour of thespecial resolution.5. Members are requested to <strong>sub</strong>mit any questions about the special resolutions to the GeneralManager in writing at least 7 days before the Annual General Meeting, so that the questions may beproperly researched and drawn to the attention of the meeting where required.6. A copy of the Club’s current Constitution is available to Members from the Club office on request.7. The Board recommends that members vote in favour of the Special Resolutions.5. Notice of Ordinary Resolutions.Notice is hereby given that at the Annual General Meeting of the City of <strong>Blacktown</strong> <strong>RSL</strong> Club Limited, tobe held on Sunday, 17th October <strong>2010</strong> at 10.00am in the Club’s Celebrity Room, those Memberspresent will be asked to consider and if thought fit, pass the following resolutions which are proposed asOrdinary Resolutions.FIRST ORDINARY RESOLUTION.That pursuant to Section 10 (1) (i) of the Registered Clubs' Act, the Members hereby approve and agreeto those Members elected to the Board of Directors, that for the period preceding the 2011 AnnualGeneral Meeting receive the following benefits as outlined (A 1-3) and (B 1-4), the Membersacknowledge the benefits are not available to Members in general but only those Members elected tothe Board of Directors.8 BLACKTOWN <strong>RSL</strong> CLUB LIMITED - where friends love to meet

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