2020

CONSTITUTION

 

Rule Guidance for Ferrari Pit stop Adelaide

 

  1. The name of the incorporated association is Ferrari Pit Stop Adelaide

Referred to the herein as Scuderia Ferrari Club Adelaide – Australia

ABN 65 9133 73700 | ASIC CODE:

 

  1. Definitions

  1. ‘Association’ means the whole entirety of Ferrari Pit Stop Adelaide  

  2. ‘Committee’ means the committee of management and associations

  3. ‘Coordinator’ means a member of the committee with a specific role within the committee to act and control their duties as a coordinator 

  4. ‘GA’ means general meeting of members of the association convened in accordance within these rules

  5. ‘Member’ means a member of the association

  6. ‘Ordinary Member’ means member over 14 years of age as of the 1st of the 7th month.

  7. ‘Junior Member’ means under the age of 14 years of age 

  8. ‘The Act” means the Association Incorporation Act 1985

  9. ‘Special Resolution’ means a special resolution defined in the Act

  10. ‘month’ shall mean a calendar month

  11. ‘FPSA’ shall mean Ferrari Pit Stop Adelaide

  12. ‘SFCA’ shall mean Scuderia Ferrari club Adelaide

  13. ‘Association Store’ shall mean the store which members can purchase karting items from

  14. ‘Membership year’ shall mean between 1st April – 31st March the following year

  15. ‘Financial year’ means between 1st July – 30th June the following year

  16. ‘Committee member term’ shall mean from the 1st January to the 31st – December

  17. A committee candidate ‘Full term’ shall mean a minimum of 5 months served

  18. ‘5 working days’ means between Monday-Friday

  19. ‘ABN’ Australian Business Number

  20. ‘ASIC’ Australian Securities & Investment Commission

 

2. Objects or purposes of the association

  1. To promote Scuderia Ferrari Club Adelaide – Australia as per the permission of Ferrari S.p.a

  2. To promote and encourage new members to join Scuderia Ferrari Club Adelaide - Australia within the community

  3. To enjoy and promote Formula 1 with in the community

  4. To be a part of a club that supports Formula 1 and Ferrari as a Manufacture

  5. To enjoy and be a part of the Ferrari community around the world

  6. To participate in recreational go-karting

  7. To participate in Karting Australia Association

  8. To Participate in Motorsports Australia Association

  9. To participate in Motoring activities

  10. To participate and enjoy online virtual gaming

  11. To promote the highest standards of courtesy and safety on the roads

 

3. The Naming Rights

  1. Rights to Scuderia Ferrari Club Adelaide – Australia

  2. Adamo Vella owns 100% of the rights to use the name ‘Scuderia Ferrari Club Adelaide – Australia” and will allow the use of the name too Ferrari Pitstop Adelaide Inc. until the end of 31st December 2029 at no cost to the association.

  3. Unless the association breaks the Sub-licence agreement, the naming rights can be terminated by Adamo Vella .

  4. The association will abide by the Sub-License agreement of the Scuderia Ferrari Club S.c.a.l 2016

 

4.Powers and duties

  1. The affairs of the association shall be managed and controlled by a committee which, in addition to any powers and authorities conferred by these rules, may exercise all such powers and do all such things as are within the objects of the association, and are not by the Act or by these rules required to be done by the association in general meeting

  2. The committee shall have authority to interpret the meaning of these rules and any other matter relating to the affairs of the association on which these rules are silent

  3. The committee shall appoint a public officer as requested by the Act.

5. Appointment

  1. The President holds the right to release a committee member at anytime during a committee members term, if the person in question is not deemed fit or is not adhering to their duties set out by the committee within a reasonable time frame.  

  2. The committee shall be comprised of a president, secretary, treasure and 3 committee members, until the association has risen above fifty members then 5 committee members will be appointed. A vice-president role will be created if the Club President chooses to activate such role.

  3. If certain committee roles are not taken up, the Club President will take over such role until a suitable committee member is presented or chosen.

  4. The term of a committee member including that of a coordinator is no more than 24 months or 2 calendar years.

  5. A committee member will stand for re-election after the second term. However, it will only be for 1 term there after.

  6. If the current committee member/coordinator is fit for purpose, a vote will be made by the committee members by majority to relect the committee member/coordinator for another term.

  7. A calendar year will be for 1st January to 31st of December

  8. For a calendar year to be classified, a committee member must serve a minimum of 5 months of a calendar year.

  9. A committee member can not put their hand up for re-election until 24 months or 2 calendar years have passed since their last term.

  10. All committee members main responsibility outside of committee duties is to recruit members to the association

  11. A coordinator will be created to adhere to a special role in leading a division of the club under the guidance of an outlined responsibilities documenting the specific duties of the coordinator’s role.

  12. For a coordinator to be created, an acceptance form of the outlined duties must be signed and returned to the president of the association at the next committee meeting in which the president will also sign the document in acceptance of the role.

  13. The coordinator is to have control of the named division of the club under the support and guidance of the president and committee members.

  14. A coordinator role can also be taken up by the club president.

  15. A coordinator will act as a committee member

  16. A coordinator cannot be overruled by another committee member unless it is a directive from the president of the association

  17. A coordinator can create a sub-committee if approved by the president of the association.

  18. Sub-Committee may be created at any time during the association to carry out extra tasks the association sees fit.

  19. The Sub-committee will carry out the tasks and responsibilities that are written out and understood by the Sub-committee.

  20. Sub-Committees can be dissolved at any time the committee no longer requires the Sub-Committee.  

  21. One committee member shall be a natural person (this will come into effect once the association has risen to fifty members)

  22. A committee/coordinator member must complete 1 full term with an option for a second term without challenge unless the president of the association deems the committee member not adhering to the role of committee/coordinator member.

  23. If a committee member or coordinator is asked to not continue for the second term (adhere to section 6.2(m) the president will advise in writing 60 days prior to the end of the committee members term of the non-renewal of his/her second term. 

  24. If a re-appointment is to be made by the current committee/coordinator it must be within 30 day of the General Meeting. In which a committee meeting must be held the month prior to the general meeting to discuss the committee member in question

  25. A general meeting will be announced 60 days prior to the date set of the general meeting.

  26. An ordinary member seeking election must put their nomination forward to the secretary within 30 days prior to the annual general meeting date.

  27. The committee shall appoint a member to fill a casual vacancy if one was to open until the next annual general meeting and can stand for ballot without nomination.

  28. A general meeting will be held between the dates of 1st October – 28th December each year to allow time to prepare for the outgoing committee and the incoming committee members/coordinators

  29. Junior member cannot be a part of the committee and do not need to be present at any general meeting and will not receive any minutes or notification of upcoming meetings.

 

6. Proceedings of committee

  1. The Committee shall meet for the dispatch of business minimum once every three months.

  2. A communication is to be sent out to all ordinary members of the association outlining the meeting within 30 days of the meeting.

    1. Disqualification of a committee members

  1. The office of a committee member shall become vacant if a committee member is

  2. Disqualified from being a committee member by the Act

  3. Expelled as a member under these rules

  4. Permanently incapacitated by ill health

  5. Absent without apology from more than three meetings in a calendar year

 

7. The Seal

The association shall have a common seal upon which its corporate name shall appear in legible characters. If a seal is not available than a signature from the President and secretary must be written.

8. General Meetings

  1. Annual General Meetings

  1. The committee shall call an annual general meeting in accordance with the Act and these rules

  2. The order of the business at the meeting shall be:

  1. The confirmation of the minutes of the previous annual general meeting and of any special general meeting held since that meeting

  2. The election of committee members/coordinator/sub-committee, if applicable

  3. Any other business requiring consideration by the association

 

9. Special general meeting

  1. A special general meeting can be call within 48 hours by the president within reason

 

10. Notice of General Meeting

  1. All ordinary members will be notified by post, txt message or email 30 day prior of the date selected for the annual general meeting in which all ordinary member must attend unless notifying by txt message, email or letter to the secretary stating of their absence within 5 working days of the meeting.

11. Voting at general meetings

  1. Every ordinary member has the right to vote once per meeting if voting is required.

  2. If ordinary member is absent then the member has no rights to vote or partake in the general meeting

 

12. Minutes

  1. Proper minutes of all proceedings of general meetings of the association and of the meetings of the committee, shall be entered within one month after the relevant meeting in minute books kept for the purpose.

  2. The minutes kept pursuant to this rule shall be signed by the President of the meeting at which the proceedings took place or by the President of the next succeeding meeting at which time the minutes are confirmed

  3. Once the minutes are confirmed that is evidence that a meeting had taken place and all points are deemed to be valid.

  4. If the minutes wish to be viewed by a FPSA member a copy can be sent by email to the valid members email address.

11. Powers of the Association

The association shall have all the powers conferred by section 25 of the Act

12. Scuderia Ferrari Club S.c.a.r.l Code of Ethics

  1. The company governance of the Ferrari Group is guided by values inspired by honesty and by a core system of principles, policies and procedures that combine our company experience with legal requirements, the search for best practices and the study of ethical topics.

  2. whose purpose is to ensure that all members of the Ferrari Group act with the utmost integrity and comply with applicable laws, thereby contributing to the creation of a better future for our company and for the communities where we operate.

  3. The Ferrari Group shares – and its Code of Ethics acknowledges – the principles of the United Nation's (UN) "Universal Declaration of Human Rights", the Conventions of the International Labour Organisation (ILO) and the Guidelines of the Organisation for Economic Co-operation and Development (OECD) for multinational companies.

  4. Referring to the company's ethical principals, the Ferrari Group requires compliance with the Code of Ethics by all the people, companies and firms that belong to the group, including, of course, Scuderia Ferrari Club S.c.ar.l. (“Firm”).

  5. Compliance with the Code of Ethics, in accordance with article 3, letter e) of the Statutes and article 11 of the Company Regulations, is therefore also mandatory for all the members of the club.

  6. As you will know, the Firm is a cooperative organisation, which is controlled by Ferrari S.p.A.; it follows that Your Clubs, insofar as they are Members of the Firm, must also comply with the Ferrari Code of Ethics.

  7. To that end, we encourage You to read the aforementioned document; the indications provided therein help us understand what is expected of Us when we participate in the Firm's activities.

  8. We trust, therefore, that You and Your members will accept and comply with the principles and requirements of the Code of Ethics.

  9. As we wait to receive the scanned and original copies of the attached document, please accept our thanks for your precious cooperation.

  10. Ferrari N.V. owns the 100% shares of Ferrari S.p.A., which, in turn, owns more than 90% of equity stake of Scuderia Ferrari Club SCARL, Scuderia Ferrari Club SCARL is part of the Ferrari Group and, therefore, the Ferrari Code of Conduct must be applied.

13. Members

  1. Types

  2. Ordinary Member

  3. Ordinary member can partake in any event in which the FPSA or SFCA organises.

  4. Junior Member

  5. (under the age of 13) can partake in any event FPSA organises or SFCA unless an age minimum is needed by law.

  6. Any Person who applies for membership of the association shall be made in writing, "via website or in person signed by the applicant. Upon acceptance of the application by the committee and upon payment of the first annual subscription, the applicant shall be a member of the association.

 

14. Subscriptions

  1. Ordinary Member Subscription fee for membership shall be a fee of dollar value which shall determine from time to time in general meetings by the committee.

  2. Standard (ordinary) Member subscription fee for memberships shall be a fee determined by the committee which will have standard member benefits which shall determine from time to time in general meeting by the committee.

  3. Junior member subscription fee for membership shall be a fee determine from time to time in general meetings by the committee  

  4. The Subscription fee shall be payable date of which the day, month, year the member joined.

  5. Membership of different value will reflect the participation of the member in different divisions of the association.

  6. Any Member whose subscription is outstanding for more than 30 days after the due date for payment shall ceased to be a member of the association, provided that the committee may reinstate such a person’s membership on such terms as it sees fit.

  7. An ordinary membership will start form 1st of April until the 31st of March the following year and not from the time of the membership is received by the committee.

15. Resignations

  1. A member may resign from the membership of the association by giving written notice to the secretary or President of the association. Any resining member will forgo any membership that has been paid within the 12 months of membership.

 

16. Expulsion of a Member

  1. Subject to giving a member an opportunity to be heard or to make a written submission, the committee may resolve to expel a member upon a charge of misconduct determined to the interest of the association.

  2. Particulars of the charge shall be communicated to the member at least one month before the meeting of the committee at which the matter will be determined.

  3. The determination of the committee shall be communicated to the member in writing and in the event of an adverse determination the member shall, (subject to 5.4 below), cease to be a member 14 days after the committee communicated its determination to the member.

  4. The expelled member can re-apply after six months in writing to the secretary explaining their intension to renew their membership. A new membership fee shall be charge according to section 5.2 (a)

  5. No Appeal will be heard from the expelled member.

17. Register of Members

  1. A register of members must be kept and contain

  2. The name, Birth date and address of each member

  3. The date on which each member was admitted to the association, and

  4. The date and of reason(s) for termination of membership.

  5. The acceptance of the conditions of the membership which is a tick box on the membership form via the website or in person via a paper form.

  6. All memberships are associated with Scuderia Ferrari Club Adelaide – Australia and also to Ferrari Pit Stop Adelaide.

18. Divisions of the association

  1. Divisions of the association will be created as see fit by the president or committee at the time of creation

  2. A division of the association will be made up of either, Championships, Teams, automobile cars, affiliated associations and or social.

  3. A division will be led under the guidance of an association coordinator should such a position be needed.

  4. A sub-committee can be created to run the division should one be needed.

19. Association Divisions valid from 2020 - 2029

  1. Hire Kart Championship

  2. Social Events including Australian Formula 1 Grand Prix

  3. Karting Team (Karting Australia association) and or by affiliation

  4. Eseires Championship

  5. Motoring (Federation of Historic Motoring Clubs SA Inc)

  6. Motorsports Australia and or by affiliation

  7. Pod Cast broadcasting

20. Association Website

20.1Host

  1. The website URL will forever be www.sfcadelaide.com whilst the association is functioning.

  2. The host of the association website will be wix.com

  3. The website will always be managed by a committee member of the association

  4. The website will always be kept current to the times of the association of herein Scuderia Ferrari Club Adelaide

20.2 Association Online Store

  1. The store is to be hosted by the association website www.sfcadelaide.com and cannot be hosted by any other website.

  2. The store and prices will always be managed by the president.

  3. Store prices can change without notice and price changes will be passed on.

  4. The store is to be exclusive to Karting Team association members only and not any other member of the association and will be guarded by an access password.

  5. The store will be a non for profit and all profits are to go directly back to Karting Team association members throughout the financial calendar year.

  6. The store will accept payment via EFT, Paypal, Credit Card via the website and Cash in person to the president.

 

21. Association Communication

  1. Communication will be made to all ordinary members via,

  1. Email via an association approved email address

  2. Txt message via a committee member, coordinator or president

  3. A chat group via whatsapp or messenger

  4. Phone call via a committee member, coordinator or president

22. Karting Team

  1. Becoming a Team Member

  2. Karting Team Members will pay a nominated fee to be a member of the team over and above the standard membership fee.

  3. All drivers will supply their own racing equipment that will see them fit to participate in karting events (races). This includes the race kart, engine and all equipment.

  4. .1 – All drives will pay their own round entry fees to Karting Australia (S.A).

  5. .2 – All drivers will pay for their Karting Australia Licensing fees.

  6. .3 – All drivers will pay for the Karting Australia karting Club fees.

  7. The Association will only participate in sanction Karting Australia (S.A) races at approved tracks.

  8. The Association will not participate in Non-Karting Australia Events.

  9. Team drivers however can race in non-Karting Australia with the approved SFC sticker kit on their kart.

  10. The association will only provide pit facilities at Karting Australia events.   

  11. The association will make their home karting club ‘Southern GoKart Club’ (SGKC) unless the club no longer is taking memberships or no longer is operating or no longer is suitable for the association Karting Team.

  12. Team members can have multiple kart club memberships outside of (SGKC).

 

23. Requirements of the Karting Team

  1. All karts must run the Scuderia Ferrari Club approved sticker kit.

  2. Sticker kits are not to be altered from the original approved design unless approval has been given by the president which in turn must be approved by Scuderia Ferrari Club S.p.a

  3. All drivers must purchase the team racing suit which will display the association paid supporters of the team and association.

  4. The club racing suit or sticker kit will be purchased by the driver and not gifted by the club unless prior arrangements are made by the president and the incoming team member and signed off by the committee.

  5. If a driver racing in a 2 stroke class and can not change the sticker kit over due to external support, the association must approve the exemption prior to driver acceptance. However the driver will purchase and use the team racing suit.

  6. Helmets are to be supplied by the team member and can choose to support any manufacture which complies with the Karting Australia By-Laws.

  7. Helmets can show any design but if the Scuderia Ferrari Club Logo is shown on the helmet, it must be approved by the president and can’t co-host with any other branding except the manufacture of the helmet.

  8. Manufacture of shoes, gloves and any driver safety equipment will not be enforced by the association. (free to choose)

  9. Engines are subject to racing classes and the association will not enforce an engine stroke, but it will enforce the Manufacture and model of engine.

  10. .1 – 4 stroke class will only use Torini Engines to race in Karting Australia 4SS Class

  11. .2 – 2 stroke will be dependent on which class permits the engine for racing and a manufacture will not be enforced by the association.

24. Go-Karts

  1. If the Team Driver purchases a new kart the approved brands are,

  2. Birel ART

  3. Ricciardo Kart

  4. Leclerc Kart

  5. If the Team Driver purchases a used kart, any brand that complies with the class can be used

  6. All new Karts will be purchased via the association online store.

  7. The only time a New kart won’t be to the above brands is if,

  8. The manufacture is obsolete

  9. The supply is no longer available to the association

  10. The class in which the driver is participating has its own regulations and requirements in which approval from the association is given to the driver to participate in.

  11. A club uniform must be worn when one is created. Jacket, polo

  12. If a personal logo is made, the logo can only be used on surfaces not visible on kart or on personal items that do not have club sponsors logo or club SFC logo

 

25. Pit Area

  1. The association will provide a pit area for all team members at a karting Australia round.

  2. A marquee will be supplied by the association to act as a pit area.

  3. The pit area will always be kept safe and clean.

 

24. Track Support

  1. The association will provide a level of track support via maintenance, kart setup, repairs or any other means of support. 

  2. This can be done at the track or at home.

 

25. Buy Back

  1. If a team member wants to sell their kart or components, the association will be allowed first opportunity to purchase the kart or component at a fair and reasonable price.

  2. Termination of Team Member or leaving the Team

  3. a team member can be removed by the club president of the association if the team member is no longer representing the team in a manner which see fit for the association.

  4. If a team member is terminated or no longer wants to participate in the team, the member must remove all club branding on the kart and race suit.  

26. Hire Kart Championship

  1. The Hire Kart Championship will be hosted at the Karting Hire Centres throughout South Australia as seen fit by the association

  2. A member will pay a nominated fee to be a member of the Hire Kart Championship over and above the standard membership fee.

  3. The association will be responsible for all rules, points, podiums, trophies of the rounds.

  4. A championship will be made of a minimum of 3 rounds to a maximum of 8 rounds within a calendar year.

  5. The detailed outlay of the Hire Kart Championship rules must be submitted in writing to the president by the Hire Kart Championship coordinator and signed off by the president for the rules to take effect 60 days prior to the start of the first round.

  6. The rules must be clearly published either on the website or on paper and participants to be made aware of the rules.  

  7. All participating driver must register online prior to payment accepting the terms and conditions of racing in the Hire Kart Championship.

 

27. Eseries Championship

  1. The Eseries Championship will be an online series hosted on 3 platforms (PS4, Xbox, PCGames)

  2. A member will pay a nominated fee to be a member of the Eseires Championship over and above the standard membership fee.

  3. All equipment used to race in the Eseries will be at the members expense.

  4. The Championship will be run on the Formula 1 approved game.

  5. The year on which game the Eseries Championship will host will be up to the coordinator of the Eseries and all participating member will be notified 60 days prior to the season starting.

  6. A championship will be made of a minimum of 8 rounds to a maximum of 18 rounds within a calendar year.

  7. The detailed outlay of the Eseires Championship rules must be submitted in writing to the president by the Eseires Championship coordinator and signed by the president for the rules to take effect 60 days prior to the start of the first round.

  8. The rules must be clearly published either on the website or on paper and participants to be made aware of the rules.  

 

28. Social Events

  1. Hosted Social Events by the association will be determined from time to time based on Event the committee sees fit for purpose to promote the association and the interaction of its members.

  2. Motoring Division – (Scuderia Ferrari Club Adelaide – Car Club)

  3. standard membership fee.

  4. The association will outline the required vehicle that can participate in the car club division.

  5. The member will have access to historic registration for his/her motor vehicle.

  6. Members can register multiple cars with the car club to obtain club registration for a fee determined by the committee over an above the car club nominated fee.

  7. The detailed outlay of the Car club rules must be submitted in writing to the president by the Car Club coordinator and signed by the president for the rules to take effect 60 days prior to the start of the calendar year.

  8. The rules must be clearly published either on the website or on paper and members to be made aware of the rules.  

  9. Reference to the Car Club South Australia Code of Practice can be found on the link which can be used from time to time for guidance and changes that the committee make to see fit to improve the car club division.   https://www.sa.gov.au/__data/assets/pdf_file/0017/10439/Club-Registration-Code-of-Practice-1-July-2017.pdf

  10. Approved vehicles will be subject the coordinator and president approvals of which manufacture will be allowed in the car club. The manufacture can be subject to the times of the association and can be reviewed before the start of each calendar year.

 

29. Assets

  1. Assets that have been purchased by the associations or donated too, will remain the product of the association and a written record of all assets will be kept by the secretary of the association.

  2.  Assets can be of value or can be of object that forms the use of function of the association (i.e. – Trophies, tools, marquees, trailers, parts and so on)

  3. If an asset is not on the record but it is consistently used by the association, the asset is not of the association but of the individual person.

  4. Should an asset that is recorded be damaged by the association, it is up to the association to replace the item at full price.

  5. Should an Asset be damaged by an individual that has permission to use outside of an association function, the item will be replaced at full price by the individual.

30. Sponsorship

  1. Sponsorship monies raised will be distributed within the association as it sees fit by the committee.

  2.  The sponsorship coordinator will follow the guidelines of the coordinator role which will be outlined in writing prior to the sponsorship coordinator accepting the role.

  3. Sponsors will choose packages that suit their exposure within the association and a value will be allocated to the level of exposure.

  4. Sponsorship logos will abide by the by-laws of the Scuderia Ferrari Club Association and will not be allowed to co-host the 2 logos together

  5. Any sponsorship monies that are still in the account after the financial year will be transferred over the new financial year and will be documented by the treasurer of the association.

 

31. Financial Reporting

  1. Refer to the Act and asses each dispute individually, future disputes can be determined by past resolutions or punishments.

  2. Financial Reporting

  3. The first financial year of the association shall be the period ending on the next 30 June following incorporation, and thereafter a period of 12 months commencing on 1 July and ending of each year.

32. Accounts to be kept

  1. This association shall keep and retain such accounting records as are necessary to correctly record and explain the financial transaction and financial position of the association according to the Act.

  2. Prohibition against securing profits for members

  3. The income and capital of the association shall be applied exclusively to the promotions or events that are held by the association. No portion shall be paid or distributed directly or indirectly to members for services rendered or expenses incurred on behalf of the association.

 

33. Winding Up

  1. The association may be wound up in the manner provided for in the Act.

  2. Application of surplus assets

  3. Any monies that is left after winding up the association will go to a charity that the committee sees fit.

34. Amendments

All rules may be altered in the future by the committee, this includes a rewrite or an alteration. Any rule changes or alterations must be approved and signed by the president of the association (not the Vice President nor Chairperson) and second by the secretary.

The registered rules shall bind the association and all its members to the same extent as if they have respectively signed and sealed by them, and agree to be bound by all of the provisions thereof.

THE OFFICIAL SCUDERIA FERRARI CLUB ADELAIDE