Royal Freshwater Bay Yacht Club Constitution, Rules, and By-laws July 2018
Version – July 2018
ROYAL FRESHWATER BAY YACHT CLUB (INCORPORATED) Founded 14 December 1896 Royal Charter granted 13 June 1934
CONSTITUTION I.
NAME The name of the Club is 'Royal Freshwater Bay Yacht Club (Incorporated)'.
II.
OBJECTS The objects of the Club are:
III.
(a)
The encouragement of amateur yachting and boating and associated skills and activities;
(b)
The holding and arranging of matches, races, regattas and competitions in amateur yachting and boating;
(c)
The provision of facilities for the promotion of social interaction between members of the Club and their guests; and
(d)
To do all things incidental or conducive to the attainment of the above objects.
DEFINITIONS AND INTERPRETATIONS Throughout this Constitution (and all associated Rules and By-Laws) the following words shall bear the meanings shown: 'boat', 'yacht' or 'vessel' shall include any boat, yacht or vessel whether propelled by sail or power or both. Where it is necessary to distinguish between types of boat, yacht or vessel a prefix such as 'sailing' or 'power' may be used as is appropriate. 'Club' means the Royal Freshwater Bay Yacht Club (Incorporated). 'Club Boats' includes all vessels owned by the Club and does not include vessels owned or chartered by members. 'Club Facilities' includes the 'Marina' and 'Club Premises'. 'Club Licensed Premises' means those buildings and grounds delineated as licensed premises by the Director of Liquor Licensing. 'Club Premises' includes the foreshore, grounds, buildings, sheds, hardstanding, slips, racks, etc, located within the boundaries of the Club's land lease. 'Committee' consists of the Flag Officers, Honorary Treasurer and members as detailed in Article VIII (a). 'Liquor Act' is the Liquor Control Act 1988 (WA) as amended. 'Marina' includes all jetties, pens, moorings and waters within the boundaries of the Club's river bed lease. 'Officers' are those persons referred to in Article VII. To 'hold Office' shall refer to the appointments held by Officers. Version – July 2018
'Owner' in respect of a boat, yacht or vessel shall mean the owner of it or the exclusive charterer of it or the person entitled to and having exclusive possession of it. 'Trustees' are the Trustees of the Common Seal of the Club as detailed in Article XIII. Words importing the singular or plural number shall include the plural or singular number respectively and words importing the masculine gender shall include the feminine gender and vice versa unless the context clearly and expressly requires otherwise. The obligations of a member shall include and bind the personal representatives of that member and where there is more than one member then those obligations shall bind them jointly and each of them severally. IV.
MEMBERSHIP (a) The members of the Club shall be: Ordinary Members: Committee.
Persons aged 18 years or over elected by the
Life Members: Members aged 18 years or over who have rendered special services to the Club and who are elected at an Annual General Meeting. Special Members: Members aged 18 years or over who possess certain qualifications defined in the Rules and who are elected by the Committee. Senior Members: Members aged 60 years or over who possess certain qualifications defined in the Rules and who are elected by the Committee. Country Members: Members who possess certain qualifications defined in the Rules and who are elected by the Committee. Reciprocal Members: Members of yacht clubs specified in the Rules aged 18 years or over who possess certain qualifications defined in the Rules and who are elected by the Committee. Associate Members: Persons aged 18 years or over who are the spouse or de facto partner of a Life, Special, Senior, Country or Ordinary Member and who are elected by the Committee. Junior Members: Persons under the age of 18 years who are elected by the Committee. Distinguished Honorary Members: Persons, while holding a particular office or appointment, who are elected by the Committee, or persons who possess such qualities as in the opinion of the Committee merit Distinguished Honorary Membership and who are elected at an Annual General Meeting. Honorary Members: Subject to the limitations imposed under the Liquor Act, persons who possess certain qualifications defined in the Rules and who are appointed in accordance with the Rules. Temporary Members: Persons who visit the Club on invitation as a member of, or an official of, or a person assisting, a team or crew contesting a prearranged sailing or power yacht event or training course held by the Club. Sailing Affiliates: Persons aged 18 years or over who sail regularly in Club races under the Racing Rules of Sailing and are not a Member of the Club in any other category, and who are nominated by a Member who is a racing Version – July 2018
yacht owner, and who is accepted by the Committee. This affiliation must be renewed annually and only by proposal of a Member who is a racing yacht owner. Sailing Affiliates have no rights with respect to attendance at the Club and the use of the Club’s facilities other than as crew to participate in yacht races. (b)
Reciprocal Members, Associate Members, Junior Members, Distinguished Honorary Members, Honorary Members, and Temporary Members shall, except where otherwise stated in the Rules, have all the rights and obligations of Ordinary Members, except that they shall not have the right to attend or vote at General Meetings nor propose or second new members of any type nor propose any candidate for election as an Officer or member of the Committee, nor have the right to hold Office or be elected a member of the Committee.
V.
ENTRANCE FEES, SUBSCRIPTIONS AND LEVIES Members shall pay entrance fees, subscriptions and levies as fixed by the Rules.
VI.
CESSATION AND SUSPENSION OF MEMBERSHIP (a) A member shall cease to be a member of the Club on his written resignation, bankruptcy or death, or on becoming an enemy alien in time of war. (b)
Should a member's account remain unpaid for three calendar months from the date the account became payable and the member having been notified when his account was more than two months overdue, the Committee may resolve to strike that member from membership of the Club.
(c)
Should a member: (i)
fail to comply with the provisions of this Constitution or the Rules of the Club; or
(ii)
in the opinion of the Committee be guilty, either in or out of the Club, of conduct unbecoming of a member, or prejudicial to the interests of the Club, or calculated in any manner to impair or effect the enjoyment of the Club by other members, or cease to owe allegiance to the Crown.
then that member shall be liable to be fined, suspended or struck from membership of the Club by resolution of the Committee provided that not less than seven days’ notice of the intention to propose that resolution is given to each member of the Committee. The resolution shall be passed as a special resolution. Notice of the resolution shall forthwith be sent by post to that member at his address in the Club Register. (d)
Any member of the Club who feels aggrieved by any action of the Committee under Article VI may appeal to a General Meeting within one calendar month from the date of the posting of notice of fining, suspension or striking from membership. Details of the appeal shall be included on the agenda of the General Meeting. The decision of the Committee shall have full effect pending the hearing of any appeal. Should any member require a Special General Meeting called for the purpose of appeal; he shall obtain the necessary number of signatures to a requisition, and lodge a sum equivalent to the annual subscription of an Ordinary member with the General Manager as a contribution to the cost of calling the meeting. If the Special General Meeting upholds the decision of the Committee the deposit shall be forfeited otherwise it shall be returned. Version – July 2018
(e)
Any person ceasing to be a member for any reason shall remain liable for the payment of all subscriptions and other money due and payable by him.
VII.
OFFICERS The Officers of the Club shall consist of a Commodore, a Vice Commodore and three Rear Commodores (who shall be the Flag Officers), an Honorary Treasurer and the Trustees. Each candidate for Flag Officer shall be the Owner, or part Owner of a vessel on the Club's Register of Vessels, or if not the Owner or part Owner of a vessel, be approved for election by the Committee.
VIII.
MANAGEMENT (a) The management of the Club shall be in the hands of the Committee elected at the Annual General Meeting. The Committee shall consist of the Flag Officers, Honorary Treasurer, such ex-officio members as may be determined by the Rules, and eight additional members, four of whom shall be Owners or part Owners of vessels on the Club Register of Vessels.
IX.
X.
(b)
Five shall form a quorum at any meeting of the Committee.
(c)
The Committee may appoint sub-committees of members for specific purposes and may delegate power to act. Every sub-committee shall report to and be responsible to the Committee. The Committee may appoint a member to be the chairman of any sub-committee other than a sub-committee of which a Flag Officer is ex-officio the chairman as provided in the Rules. The chairman of any sub-committee who is not a member of the Committee may be invited to attend meetings of the Committee as an observer.
(d)
The Committee may authorise Junior Members to form a Junior Club Committee with powers and limitations as fixed by the Rules.
RULES AND BY-LAWS (a) The Rules of the Club are set out in Schedule A. No alteration or addition may be made unless passed by not less than three quarters of those present and entitled to vote at a General Meeting after due notice of motion has been given. (b)
The By-laws of the Club are set out in Schedule B. No alteration or addition may be made unless such alteration or addition is inserted in the notice convening the next meeting of the Committee and sanctioned at that meeting as an ordinary resolution. Any alteration or addition to the By-laws shall be posted on the noticeboard of the Club for a period of seven days before becoming operative and binding.
(c)
Within fourteen days of making any amendment to the Rules the Committee shall send or deliver to the Director of Liquor Licensing certified particulars of the change proposed and shall ensure that effect is not given to the change without the approval of the Director.
(d)
Any alteration or repeal of a Rule or By-Law shall not affect anything done up to the time of the alteration or relieve any person from liability already incurred.
ANNUAL GENERAL MEETINGS (a) The Annual General Meeting shall be held at the Club on a day in July fixed by the Committee. (b)
The General Manager shall on or before the first Friday in June give notice of the Annual General Meeting to each Ordinary, Life, Special, Senior and Country Member.
Version – July 2018
XI.
(c)
Notice of motion of any resolution (other than ordinary business as defined in the Rules) and any nominations of candidates must be received by the General Manager or his nominee not later than 5.00 p.m. on the third Friday in June.
(d)
All notices of motion and nominations received by the General Manager shall forthwith be posted on the Club noticeboard and shall remain there until after the meeting. The removal of any notice or nomination shall not invalidate the notice or nomination but any notice or nomination removed shall be replaced with a copy. The notice of meeting including all notices of motion and nominations received shall be mailed to each Ordinary, Life, Special, Senior and Country Member at least seven days before the date of the Annual General Meeting.
(e)
Non receipt or delay in receipt of any notice by a member will not invalidate any meeting, nomination, resolution or election.
(f)
Only financial Ordinary, Life, Special, Senior and Country Members shall be entitled to attend and vote at Annual General Meetings but any accidental breach of this sub-article will not invalidate any election or resolution.
(g)
The quorum at an Annual General Meeting shall be 35. Should insufficient members attend to form a quorum within 15 minutes of the time set for the meeting, the senior Flag Officer, or failing him the senior Officer present, or if no Flag Officer or other Officer is present, then the General Manager, shall adjourn the meeting to such time, date and place as he may deem fit. The quorum at any adjourned meeting shall be the number of members in attendance at the time fixed for the meeting.
(h)
The majority necessary to carry a resolution at an Annual General Meeting shall be a simple majority of those present and entitled to vote except as stated in Article XVII.
SPECIAL GENERAL MEETINGS (a) Upon resolution by the Committee, or by a requisition made and signed by at least 25 members entitled to attend and vote, stating the subject or subjects intended to be discussed; the General Manager shall call a Special General Meeting of the Club. In all cases the subject matter to be discussed shall be set out in the form of a notice of motion. (b).
All notices of motion received by the General Manager are to be posted on the Club notice board and shall remain there until after the meeting. The removal of any notice of motion shall not invalidate the notice or any resolution which may subsequently be carried, but any notice removed shall be replaced with a copy.
(c)
A meeting shall be convened by the General Manager for the consideration of the Notice of Motion only, not later than 28 days after the authority or requisition. At least seven days’ notice in writing of the meeting and notice of motion shall be given to each Ordinary, Life, Special, Senior and Country Member.
(d)
Non receipt or delay in receipt of any notice by a member will not invalidate any meeting or resolution.
(e)
Only financial Ordinary, Life, Special, Senior and Country Members shall be entitled to attend and vote at Special General Meetings but any accidental breach of this sub-article will not invalidate any election or resolution.
(f)
The quorum at a Special General Meeting shall be 35. Should insufficient Version – July 2018
members attend to form a quorum within 15 minutes of the time set for the meeting, the meeting shall lapse. (g)
The majority necessary to carry a resolution at a Special General Meeting shall be a simple majority of those present and entitled to vote except as stated in Articles XVII and XVIII.
XII.
FINANCE After providing for all expenses and payments considered by the Committee to be necessary or desirable, the balance of the funds of the Club may be utilised or dealt with in such a manner as the Committee may determine except that no part of these funds may be paid or otherwise distributed directly or indirectly to members, unless in good faith in the furtherance of the objects of the Club.
XIII.
THE COMMON SEAL (a) The Committee shall appoint not less than three members of the Club as Trustees of the Common Seal of the Club who shall continue in such office until resignation or ceasing to be a member of the Club or until cancellation of such appointment by the Committee. (b)
XIV.
The Common Seal of the Club shall be fixed by order of the Committee in the presence of any two Trustees to such deeds, instruments and documents as need to be under seal.
CLUB CREST, BURGEES AND FLAGS (a) The Club Crest is a ducal coronet above a white naval ceremonial belt with gold buckle and the title 'Royal Freshwater Bay Yacht Club Inc.' superimposed on the belt. Inside the space formed by the belt is the Club Burgee above a silver fouled anchor. (b)
The Club Flag, and the Club Burgee which is a pennant, are blue with a white cross with a red and yellow King Edward Crown superimposed on the intersection.
(c)
The Commodore's Flag is a swallow-tail, blue with a white cross with a ducal coronet superimposed at the intersection.
(d)
The Vice Commodore's Flag is similar to the Commodore's but with one white ball in the upper hoist.
(e)
The Rear Commodore's Flag is similar to the Commodore's but with two white balls, one in the upper hoist and one in the lower hoist.
(f)
The Past Commodore's Flag is similar to the Commodore's but with a white cross in the upper hoist.
XV.
MEMBERS TO BE BOUND BY THE CONSTITUTION A person who accepts membership of the Club is deemed to have consented to, and shall be bound by, the Constitution, Rules and By-Laws of the Club.
XVI.
NO RECOURSE TO LAW AND LIMITATION OF LIABILITY (a) A member agrees not to commence proceedings in a court of law against the Club or against an officer, employee or agent of the Club arising out of the performance by that person of his Club duties or functions except for claims for goods or services supplied in the ordinary course of the business of that member. (b)
The Club and or its Officers, employees, agents or members shall not be liable to a member or any person claiming by or through a member for any injury, Version – July 2018
death, loss or damage to persons or property whether caused directly or indirectly by any act or omission of the Club or its Officers, employees, agents or members arising out of the performance by that person of his Club duties or functions except for claims for goods or services supplied in the ordinary course of the business of a member.
XVII.
(c)
Members and any other persons on or using the Club Facilities or services or bringing property on to or allowing property to remain on the Club Facilities, and participants in any Club event or function, do so entirely at their own risk.
(d)
The Club makes no representation whatsoever as to the standard, suitability, safety, condition or state of repair of the Club Facilities or any service, facility or property provided by or belonging to the Club.
(e)
If the Club receives notice of a claim from a non-member it shall give notice of that claim to any member from whom the Club may seek indemnity.
(f)
The Club shall not make any out of court settlement of an action or claim without the prior consent of each member from whom the Club may seek indemnity.
(g)
The provisions of the West Australian Marine Act 1982 (WA) shall not apply to limit or remove any liability of a member to the Club in any circumstances.
CHANGE OF CONSTITUTION This Constitution may be altered or repealed or a new constitution may be adopted at an Annual General Meeting or at a Special General Meeting summoned for the purpose subject to compliance with Article X or XI except that the resolution shall be carried by not less than three quarters of those present and entitled to vote. Within 14 days of making any amendment to the Constitution the Committee shall send or deliver to the Director of Liquor Licensing certified particulars of the change proposed and shall ensure that effect is not given to the change without the approval of the Director.
XVIII. DISSOLUTION (a) On requisition made and signed by at least by 50 members entitled to attend and vote at General Meetings, proposing that the Club be dissolved, the General Manager shall call a Special General Meeting to consider the motion. At this meeting votes by proxy will be accepted and votes of at least threequarters of the members voting in person or by proxy will be necessary to carry the motion for dissolution. (b)
XIX.
If upon the dissolution or winding up of the Club there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the Club but shall be given or transferred to some other club, institution or association incorporated under the Associations Incorporations Act and having objects similar, wholly or in part to the Objects of the Club and the constitution of which prohibits the distribution of its income and property among its members, or to some charitable organisation, which club, institution or organisation shall be determined by the members of the Club at or before the time of dissolution or winding up, or in default thereof, or in so far as effect cannot be given to such determination, as determined by a Judge of the Supreme Court.
RFBYC FOUNDATION (a) Definitions In this Article XIX the following words shall bear the meanings shown: “Allocated Foundation Funds” means funds standing to the credit of the Version – July 2018
Special Purpose Accounts which, subject to satisfaction of the requirements of Article XIX(c)(iii), have been resolved by the Committee to be expended and applied to designated Eligible Activities, including any endowment funds forming part of FOUNDATION Funds which the Committee has resolved to become “expendable endowment funds” for designated Eligible Activities. “Eligible Activities” means, as from time to time designated by the Committee, initiatives of the Club of a significant capital works nature or otherwise forming part of longer term planning and development towards the objects of the Club under Article 11, and also includes defined or designated purposes prescribed by a donor of FOUNDATION Funds in the terms of Article XIX (c)(i)(B). “FOUNDATION” means the RFBYC Foundation constituted under this Article XIX. “FOUNDATION Chair” has the meaning given in this Article XIX(d)(v)(A)(1). “FOUNDATION Committee” has the meaning given in Article XIX(d). “FOUNDATION Funds” means funds from time to time held in the Special Purpose Accounts, including any funds represented by the investment of such funds and all accretions to such funds, less any disbursements of Allocated Foundation Funds. “Compliance Panel” means 3 current members of the Club who formerly have held the position of Commodore of the Club and who are appointed by resolution of the Committee. Each Compliance Panel member is to be appointed for a term of 5 years with eligibility to be re-appointed by the Committee for a second term of 5 years. If a Compliance Panel appointee ceases to be a member of the Club or retires from appointment as a Compliance Panel member, the Committee may appoint a substitute who qualifies for appointment. The sole purpose of the Compliance Panel is to meet from time to time as necessary in order to fulfil the functions described in this Article XIX for the Compliance Panel. “Resolution of the Compliance Panel” means a majority resolution of the Compliance Panel meeting together, with not less than 14 days written notice of meeting having been given by the Club, or by a Compliance Panel member, with a meeting quorum being not less than 2 Compliance Panel members. “Special Purpose Accounts” has the meaning given in Article XIX(c)(i). (b)
Establishment of Foundation (i) The FOUNDATION is the generic name ascribed to the Special Purpose Accounts and FOUNDATION Funds within the books and accounts of the Club within the terms of this Article XIX. (ii) For the avoidance of doubt and to assure constitutional compliance, Rules 5.2, 5.3 and 6.5 of the Rules continue to apply to FOUNDATION affairs.
(c)
Creation of Foundation Accounts (i) The Club shall open special purpose ledger accounts (“Special Purpose Accounts”) in its books and records as follows: (A) RFBYC – FOUNDATION (NO.1 RESERVE) ACCOUNT for: (1) the receipt of: donations, bequests and fundraising amounts generally by the FOUNDATION; interest, dividends and revenue receipts and returns from the investment of FOUNDATION funds the subject of this No.1 Reserve Account; proceeds from the realisation or liquidation of FOUNDATION investments made from this No.1 Reserve Account. (2) the disbursement of: investments made or acquired by the FOUNDATION from this No. 1 Reserve Account; Version – July 2018
-
(3)
(B)
(1) (2) (3) (4) (5)
(ii)
(B) (1) (2)
(3)
(iii)
(A) (B)
(iv) (A)
proper and authorised expenses and fees incurred by the FOUNDATION including with respect to investments made from this No. 1 Reserve Account; the disbursement of Allocated Foundation Funds, OTHER THAN for receipts and payments which otherwise should be made to the RFBYC – FOUNDATION (NO. 2 RESERVE) Account. RFBYC – FOUNDATION (NO.2 RESERVE) Account for all receipts and disbursements of the nature as described in Article XIX (b)(i)(A) for the RFBYC-FOUNDATION (NO.1 RESERVE) Account, but where the initial source of the relevant funds are from a donation, bequest or grant which: prescribes that the relevant funds may only be applied and utilised for a defined or designated purpose; prescribes that the relevant funds are to be held by way of endowment without access, or with limited access to the capital; or prescribes similar constraints as mentioned in (1) and (2) above, AND in any of which cases: the Club shall open special purpose sub-ledger accounts for each such prescribed fund; and funds standing to the credit of such sub-ledger accounts may not be used or applied other than in the terms of the relevant prescription. (A) The Special Purpose Accounts shall be operated in compliance with the internal accounting controls of the Club established pursuant to the powers under Rules 5.2 and 5.3 of the Rules PROVIDED THAT other than for the receipt and/or disbursement of funds in the terms of Article XIX(c)(i)(A)(1) or (2), including as those provisions may be incorporated into Article XIX(c)(i)(B), such Special Purpose Accounts may only be operated to disburse Allocated Foundation Funds; For the avoidance of doubt: FOUNDATION Funds may not be used for general expenditure purposes of the Club; although all FOUNDATION Funds are general funds of the Club, they may only be used for Eligible Activities once such funds have been authorised under this Article XIX to be Allocated Foundation Funds; no interest will accrue or be payable by the Club on any credit or debit balances of the Special Purpose Accounts PROVIDED THAT all interest, dividends, returns and revenue receipts accruing from the investment of FOUNDATION Funds will be allocated equitably to the relevant Special Purpose Accounts having regard to the source of the funds invested (between the No. 1 and the No. 2 Reserve Accounts, including any sub-ledger accounts) and, as applicable, their relative credit balances at the relevant time(s). Notwithstanding anything else in this Article XIX, FOUNDATION Funds may only become Allocated Foundation Funds (so as to become authorised for disbursement to Eligible Activities) if: the Committee so resolves; and there is a Resolution of the Compliance Panel confirming that in their bona fide opinion the proposed allocation of Foundation Funds is for designated Eligible Activities consistent with this Article XIX; and The Compliance Panel must pass a resolution in the terms of Article XIX(c)(iii)(B)(2) if the proposed allocation of FOUNDATION Funds is for designated Eligible Purposes consistent with this Article XIX and must notify the Committee of its resolution promptly Version – July 2018
after being advised of the need for a resolution and in any event within 45 days thereof; (B)
(d)
If there be a dispute, which cannot be resolved by good faith negotiation and discussion within a reasonable time between the Committee and the Compliance Panel as to whether a proposed allocation of FOUNDATION Funds is for designated Eligible Purposes consistent with this Article XIX, then at the cost of the Club, the Committee or the Compliance Panel may refer the matter for independent expert determination to a Queen’s Counsel or Senior Counsel appointed by the President (for the time being) of the Law Society of Western Australia, and the determination of such Queen’s Counsel or Senior Counsel will be final and binding.
Foundation Committee (i) A committee shall be established to support the activities of the FOUNDATION (“FOUNDATION Committee”) (ii) The FOUNDATION Committee is a sub-committee of the Committee formed under this Article XIX of the Constitution. Rule 6 of the Rules of the Club do not apply to the FOUNDATION Committee other than expressly provided for in these provisions. For the sake of clarity it is expressly stated that the FOUNDATION Committee has no executive authority in its own right; (iii) The Remit for the FOUNDATION Committee (A) To provide advisory support and focus to the Committee with respect to: • long term and strategic fundraising; and • investment of funds raised. (B) To act in support of Club fundraising initiatives in connection with Eligible Activities; (C) For the sake of clarity, the remit of the FOUNDATION is intended to be discrete from other Club initiatives in connection with “Sailing Excellence”, “Travel Grants”, JESS”, “Flag Officers Development Fund”. “ASF Grants” and otherwise. (iv) Scope of Remit for FOUNDATION Committee The scope of the FOUNDATION Committee’s remit will include, but not be limited to: (A) frame and present to the Committee a programme of fund raising initiatives to support Eligible Activities and to monitor and update such programmes from time to time; (B) organise and act in support of the solicitation of gifts and other fundraising initiatives to the FOUNDATION from members and others interested in the development of the Club; (C) frame an investment policy and performance measures applicable to the managed investment of FOUNDATION Funds for approval of the Committee; (D) consider and make recommendations to the Committee as to the appointment of an investment manager or managers; (E) recommend to the Committee any investment of FOUNDATION Funds within the terms of authority of an investment policy approved from time to time by the Committee; (F) liaising with the General Manager with respect to the Club implementing and executing that Committee approved investment strategy and any proposed or endorsed revisions to it. (v) Membership of the FOUNDATION Committee (A) The members of the FOUNDATION Committee shall be appointed, or re-appointed, by the Committee and shall consist of: (1) 2 Club members who shall each be Vice Patrons OR if there are not 2 Vice Patrons able or willing to accept such appointments, Version – July 2018
(2) (3) (4) (B)
(C)
(D) (1)
(2) (3)
(E)
(F)
(G)
(H) (1)
(2)
then the appointment may be made by the Committee from nominees proposed by Resolution of the Vice Patrons. It is contemplated that persons taking office under this paragraph shall have fundraising, financial, accounting and/or funds management/investment experience. The chair of FOUNDATION Committee (“FOUNDATION Chair”) shall be appointed by the Committee from the 2 appointees under this paragraph; Two other Club members with financial, accounting, funds management/investment and/or fundraising experience; The Club Commodore (ex officio); The Club Honorary Treasurer (ex officio). The General Manager shall provide executive support and secretarial services to the FOUNDATION Committee and shall attend FOUNDATION Committee meetings at the invitation of the FOUNDATION Chair. The FOUNDATION Chair may invite others to attend FOUNDATION Committee meetings from time to time for specialist and expert advice on matters concerning administration of the FOUNDATION and its affairs. The Committee shall consult with the FOUNDATION Chairman concerning the membership of the FOUNDATION Committee; Subject to the following paragraphs, the period of appointment of each member of the FOUNDATION Committee is the next AGM following the member having served 2 years on the FOUNDATION Committee. Subject to paragraph (3) following, a retiring member of the FOUNDATION Committee is eligible for re-appointment; It is acknowledged that both reasonable continuity of tenure of office and succession planning are desirable attributes of sound governance. Accordingly the duration of successive terms of renewal of appointment of a member of the FOUNDATION Committee preferably is not less than 2 terms and preferably not more than 4 terms. Vacancies of membership of the FOUNDATION Committee, which occur within the term of office, shall be filled by the Committee for the unexpired portion of the term PROVIDED THAT the appointment must satisfy the relevant criteria of paragraphs (v)(A)(1) or (2), as appropriate, depending upon which paragraph the vacating member was originally appointed pursuant to. The Committee may, by written notice to the relevant FOUNDATION Committee member, terminate the member’s continuing office on the FOUNDATION Committee PROVIDED THAT if the member be one appointed under paragraph (v)(A)(I), then before do so, the Committee must consult with the Vice Patrons at a meeting of the Vice Patrons duly convened by the Commodore pursuant to this paragraph, and with reasonable notice in writing of the meeting having been given. The FOUNDATION Chair shall oversee the operations and functions of the FOUNDATION Committee and shall preside at FOUNDATION Committee meetings. Meeting Procedures The FOUNDATION Committee shall meet at least three times annually, or as required, on dates and times agreed by the members of the FOUNDATION Committee, or as called by the FOUNDATION Chair. As far as possible, agendas and supporting papers shall be despatched a reasonable period in advance of the meeting.
Version – July 2018
(3) A quorum shall comprise 4 members, at least 1 of whom must be a Committee member and at least 1 of whom must be a member appointed under paragraph (v)(A)(I). (I) Voting (1) Each member of the FOUNDATION Committee including the FOUNDATION Chair shall have one vote. (2) In the case of equality of voting the FOUNDATION Chair shall have a casting vote in addition to his or her deliberative vote; (3) Notwithstanding (1) and (2) above, but without prescription, the aspiration is for decisions of the FOUNDATION Committee to be by consensus. (J) Minutes (1) Minutes of each meeting shall be recorded and distributed to each member of the FOUNDATION Committee; (2) The minutes of each FOUNDATION Committee meeting shall be submitted to the following meeting of the Committee for noting; (3) The minutes of each FOUNDATION Committee meeting shall be submitted to the next succeeding meeting of the FOUNDATION Committee for their certification by the FOUNDATION Chair as a fair record of proceedings. (K) Reporting (generally) The FOUNDATION Committee, through the FOUNDATION Chair, shall provide a written report to the Committee at least once per annum between annual reports under paragraph (v)(L), and at such other times required by the Committee. The report may include but not be limited to any material matters since the last annual report under paragraph (v)(L) concerning: • the operations and affairs of the FOUNDATION; • FOUNDATION Committee meetings and any resolutions passed and recommendations made; • any matters that the FOUNDATION Chair has advised should be brought to the attention of the Committee; and • any other matter reasonably required by the Committee. The Club will provide a copy of the report to the Compliance Panel. (L) Reporting (Annual) The FOUNDATION Committee, through the FOUNDATION Chair, shall report at least annually to the Committee summarising the FOUNDATION Committee’s activities during the year. The report must include: • a strategic plan for the FOUNDATION and its progress over the period of report; • a proposed annual budget for FOUNDATION activities and performance against that budget; • details of all FOUNDATION funding received and the acquittal process for any such funding received; • such other information reasonably required by the Committee; • such other information as the FOUNDATION Committee may desire. The Club will provide a copy of the report to the Compliance Panel. The Committee will provide either a copy of the report, or a fair summary of the report, to the Club members. (M) Foundation Committee Rules and Protocols The FOUNDATION Committee may promulgate rules and protocols referable to its remit including without limitation relating to: • FOUNDATION fundraising initiatives, policies and requirements; • FOUNDATION prudential investment strategy; • establishing special purpose subcommittees (each chaired by a FOUNDATION Committee member) to assist in the discharge of its remit, for example fundraising or investment, including drafting Version – July 2018
• • •
persons to assist any special purpose subcommittees in the discharge of its remit; PROVIDED THAT: copies of such rules and protocols must be promptly provided to the Committee; such rules and protocols must not be likely to bring discredit to the Club and must respect prudential investment and fundraising principles and protocols; the Committee, after due consultation with the FOUNDATION Committee (if the Committee has material concern with such rules and protocols) and such consultation having failed to find consensus between the FOUNDATION Committee and the Committee with respect to such rules and protocols, has not exercised its power (hereby conferred) to veto such rules and protocols.
Version – July 2018
SCHEDULE A ROYAL FRESHWATER BAY YACHT CLUB (INCORPORATED)
RULES The Rules of the Royal Freshwater Bay Yacht Club (Incorporated), in accordance with Article IX of the Constitution, as amended to July 2018. DEFINITIONS AND INTERPRETATIONS The Definitions and Interpretations in Article III of the Constitution shall have the same meaning when used in these Rules. 1. MEMBERSHIP 1.1 Election of Ordinary, Junior, Reciprocal and Associate Members 1.1.1 Subject to Article IV of the Constitution, a member (who must have been a member for at least five years) wishing to propose a new member, shall complete and submit a Proposal for Membership Form containing the requisite information of the proposed member to the General Manager. The proposal shall be seconded by a member who has been a member for at least five years. 1.1.2 The General Manager shall submit the nomination to the next meeting of the Committee. Nominations shall be rejected if they receive more than one vote in five against. 1.1.3 Nominations accepted by the Committee shall be posted on the Club noticeboard for a period of not less than 26 days. 1.1.4 Any member who objects to the election of a proposed member shall advise the General Manager in writing who shall bring the objection to the notice of the Committee and the Membership Committee. 1.1.5 Proposals are to be considered by the Membership Committee who may interview the proposed member and shall then make their recommendation to the Committee. 1.1.6 After the proposal has been posted on the Club noticeboard for a period of not less than 26 days it shall be submitted to the next meeting of the Committee. One vote in five against shall defeat a motion proposing election to membership. 1.1.7 The proposed member shall be deemed to become a member on receipt by the Club of the first instalment of entrance fee and subscription in accordance with Rule 2. 1.2 Life Members 1.2.1 The Committee may recommend any member for Life Membership who in its opinion has rendered special services to the Club. 1.2.2 Without notice any member of the Committee may move at the next following Annual General Meeting a motion that the member recommended by the Committee be appointed a Life Member and if the motion is carried the member shall forthwith become a Life Member. 1.3 Special Members A member who, in the opinion of the Committee, has given the Club meritorious service may be elected a Special Member by the Committee. Version – July 2018
1.4 Senior Members A member who is aged 60 years or more and whose combined age and number of years as a financial Ordinary or Country Member totals 90 years, shall be transferred to Senior Membership upon application. 1.5 Country Members A member who has been an Ordinary Member for at least two years, whose normal place of residence will be more than 100 kilometres from the Perth GPO for a period of 12 months, and who in the opinion of the Committee will be deprived of the regular use of the Club Facilities may apply to be transferred to Country Membership. 1.5.1 Country Membership will be granted for an initial period of 12 months and reviewed annually. If the member still qualifies Country Membership shall continue. 1.5.2 On resumption of normal residence within 100 kilometres of the Perth GPO the Country Member shall immediately apply to be transferred to Ordinary Membership. 1.5.3 A Country Member shall have all the rights and obligations applicable to Ordinary Members except: 1.5.3.1
A Country Member shall be exempt from the Club House Support minimum spending requirement.
1.5.3.2
A Country Member may not: (1) be allocated a pen in the Marina. (2) be allocated a mooring, hardstanding bay or boat storage area unless vacancies exist and no other Ordinary Member will be disadvantaged.
1.6 Reciprocal Members A person who is a fully paid voting member of Claremont Yacht Club, Fremantle Sailing Club, Royal Perth Yacht Club of Western Australia, South of Perth Yacht Club, The Cruising Yacht Club of Western Australia and such other Clubs with which reciprocal membership agreements have been made and approved, may be elected as a Reciprocal Member under the same rules and conditions applicable to Ordinary Members and have all the rights and obligations applicable to Ordinary Members except: 1.6.1 A Reciprocal Member may not: (1) attend or vote at General Meetings; (2) hold Office or be a member of the Committee; (3) propose or second members or Officers or members of the Committee; (4) register a vessel with the Club except as a co-owner with an eligible member; (5) use Club insignia; (6) wear Club uniform; (7) enter for Club (non-invitational) races; (8) be allocated a pen in the Marina, hardstanding bay or dinghy rack except by special approval of the Committee for temporary use. 1.6.2 Transfer from Reciprocal to Ordinary Membership. A Reciprocal Member shall on application be transferred to Ordinary Membership and shall pay the entrance fee and subscriptions in accordance with Rule 2. 1.7 Associate Members The spouse or de facto partner of a member (other than a Reciprocal Member) may be elected as an Associate Member under the same rules and conditions applicable to Version – July 2018
Ordinary Members and have all the rights and obligations applicable to Ordinary Members except as shown below. 1.7.1 An Associate Member may not: (1) attend or vote at General Meetings; (2) hold Office or be a member of the Committee; (3) propose or second members or Officers or members of the Committee; (4) register a vessel with the Club except as a co-owner with an eligible member; (5) enter for Club (non-invitational) races; (6) be allocated a pen in the Marina, hardstanding bay or dinghy rack except by special approval of the Committee for temporary use. 1.7.2 An Associate Membership may be terminated: (1) by the Associate Member's spouse or de facto partner in writing; or (2) by the Committee in the following circumstances: (i) cessation of membership of the Associate Member's spouse or de facto partner other than by death; (ii) divorce or separation from the Associate Member's spouse or de facto partner or any other reason the Committee may consider appropriate. 1.7.3 Transfer from Associate to Ordinary Membership. 1.7.3.1 An Associate Member who wishes to transfer to Ordinary Membership must pass through the normal election procedures of the Club. 1.7.3.2 An Associate Member who is elected to Ordinary Membership shall pay the entrance fee and subscriptions in accordance with Rule 2. 1.8 Junior Members 1.8.1 A person who is less than 18 years of age may be elected as a Junior Member under the same rules and conditions applicable to Ordinary Members. The rights and obligations of Junior Members shall be as prescribed by the Committee. 1.8.2 A Junior Member may not: (1) attend or vote at General Meetings; (2) hold Office or be a member of the Committee; (3) propose or second members or Officers or members of the Committee; (4) be allocated a pen in the Club Marina. 1.8.3 Transfer from Junior to Ordinary Membership. 1.8.3.1. A Junior Member reaching the age of 18 shall be automatically transferred to Ordinary Membership and shall pay the entrance fee and subscription in accordance with Rule 2. 1.8.3.2 An Entrance fee payable by a member transferring from Junior to Ordinary Membership may be paid by equal quarterly instalments during the first two years of Ordinary Membership. 1.8.3.3. A person under the age of 21 who has ceased to be a Junior Member on attaining the age of 18 years and has been on a waiting list for Ordinary Membership, may pay the first instalment of any entrance fee and the subscription payable as if that person was transferring from Junior Membership to Ordinary Membership and upon payment shall automatically become an Ordinary Member. 1.8.3.4 A Junior Member who is elected to Ordinary Membership shall pay the entrance fee and subscriptions in accordance with Rule 2. Version – July 2018
1.8.3.5 A previous Junior Member who resigned prior to the age of 21 and who applies to rejoin the Club prior to the age of 27 may have their nomination fee reduced by 10 percent for each year of the previous membership up to a maximum of 50 percent. 1.9 Distinguished Honorary Members 1.9.1 A person holding any of the following offices or appointments may be elected as a Distinguished Honorary Member of the Club, provided that at least seven days written notice of nomination is sent to each member of the Committee prior to any person being elected as a Distinguished Honorary Member: (1) The Governor General of Australia; (2) The Governor of the State of Western Australia; (3) The Officers-in-Charge of the Navy, Army and Air Force in Western Australia; (4) Flag officers of Royal yacht clubs and of yacht clubs affiliated with the Yachting Association of Western Australia; (5) Other offices or appointments as determined by the Committee. 1.9.2 A person who possesses such qualities as, in the opinion of the Committee, renders that person individually deserving of Distinguished Honorary Membership of the Club may be recommended for election as a Distinguished Honorary Member at the next Annual General Meeting. Without notice any member of the Committee may move at that Annual General Meeting a motion that the person recommended by the Committee be appointed a Distinguished Honorary Member and if the motion is carried the person shall forthwith become a Distinguished Honorary Member. 1.9.3 A Distinguished Honorary Member shall not be required to pay any entrance fee or subscription. 1.9.4 A person elected as a Distinguished Honorary Member ex-officio, shall continue in such membership only while he continues to hold the office or appointment under which he was elected. 1.9.5 The Committee shall have power, by a majority of three to one, to revoke the membership of any Distinguished Honorary Member without notice. 1.9.6 A Distinguished Honorary Member may not: (1) attend or vote at General Meetings; (2) hold Office or be a member of the Committee; (3) propose or second members or Officers or members of the Committee; (4) register a vessel with the Club except as a co-owner with an eligible member; (5) use Club insignia; (6) wear Club uniform; (7) enter for Club (non-invitational) races; (8) be allocated a pen in the Marina, hardstanding bay or dinghy rack except by special approval of the Committee for temporary use. 1.10 Honorary Members 1.10.1 The Committee, an Officer or the General Manager acting on behalf of the Committee, may elect Honorary Members subject to the provisions of the Liquor Act and the Club Constitution, Rules and By-Laws. 1.10.2 A person shall not be eligible to be an Honorary Member of the Club: (1) whose usual place of residence is within 100 kilometres of the Perth GPO; (2) who was afforded the privileges of the Club as an Honorary Member within three months immediately preceding; (3) who is under the age of 18 years. Version – July 2018
1.10.3 An Honorary Member shall not be required to pay any entrance fee or subscription. 1.10.4 Honorary membership shall last for 28 days from the date of election. In appropriate circumstances, the Committee may extend an Honorary Membership for such periods as it may think fit and thereafter the Honorary Member shall pay a fee of $2.00 per month. 1.10.5 The Committee shall have power to revoke the membership of any Honorary Member without notice. 1.10.6 An Honorary Member may not: (1) attend or vote at General Meetings; (2) hold Office or be a member of the Committee; (3) propose or second members or Officers or members of the Committee; (4) register a vessel with the Club; (5) use Club insignia; (6) wear Club uniform; (7) be allocated a pen in the Marina, hardstanding bay or dinghy rack except by special approval of the Committee for temporary use. 1.11 Temporary Members 1.11.1 Temporary Membership is granted to persons who visit the Club on invitation as a member or an official of, or a person assisting, a team or crew contesting a prearranged sailing or power yacht event or training course held by the Club. 1.11.2 The duration of Temporary Membership is limited to the day or days the person is involved in the particular sailing or power yacht event or training course held by the Club. 1.11.3 A Temporary Member has none of the rights afforded to other categories of membership other than he/she shall be admitted to the Club premises and permitted the use of the Club Facilities. 1.12 Sailing Affiliate 1.12.1 Sailing Affiliate is granted to persons over 18 years of age who sail regularly in Club races, and who are proposed by a Member who owns a racing yacht. The Racing Rules of Sailing require such a person to be a member of the Club. Persons proposed for this category require only the proposal of a Member who owns a racing yacht and acceptance by Committee. Their affiliation is to be renewed annually by proposal of a Member who owns a racing yacht. 1.12.2 The purpose of this category is to enable the yacht owner member to comply with the Racing Rules of Sailing that require all crew sailing on a yacht in more than three races to be a member of a yacht club. 1.12.3 The Sailing Affiliate has no rights with respect to the use of Club facilities other than to attend as crew to participate in yacht racing. 1.12.4 The provisions of Rule 2.2 as applicable to other categories do not apply. 1.13 Register of Members The Club shall keep an up to date register of members in respect of each class of membership. This register must be continually available for inspection at the Club premises.
Version – July 2018
2. 2.1
ENTRANCE FEES, SUBSCRIPTIONS AND LEVIES Annual Subscriptions and Entrance Fees 2.1.1 The annual subscription fees for Ordinary Members for person aged 36 years or more at the commencement of the subscription period shall be set at the Annual General Meeting each year. The annual subscription payable by a Member of a class of membership may be set differentially depending on the age of the Member. Annual Subscriptions for membership classes and age groupings within some of those classes will be set as a consequence of the annual subscription setting for such Ordinary Members who are 36 years of age or more, based as a percentage of that annual subscription as shown in the table below: Membership Type *
Subscriptions
Junior Under 16 (<16) 10% Junior 16 (16 – 17) 12.5% Ordinary (18 – 20) 25% Ordinary (21 – 24) 40% Ordinary (25 – 27) 50% Ordinary (28 – 30) 60% Ordinary (31 – 35) 70% Ordinary (36+) 100% Senior 50% Associate 10% Country 35% Reciprocal 55% Special 25% Sailing Affiliate 10% Life 0% Honorary 0% Distinguished Honorary 0% numbers in brackets in this table represent ages (inclusive) of the Member at the commencement of the subscription period. 2.1.2 Levies may be raised from all or part of the membership with the approval of the members at an Annual or Special General Meeting. Levies raised under this paragraph would be payable by members in the percentages based on their age and membership class, as set out in the above table.
2.1.3 The Committee may, from time to time, determine the entrance fees to be paid by a person that applies to be a member, provided that: 2.1.3.1 a resolution proposing changes to entrance fees shall be passed only by a majority of not less than three quarters of those Committee members present and entitled to vote at a Committee meeting; and 2.1.3.2 entrance fees for a particular category of membership must not be less than the then current annual subscription fee for that category of membership.
Version – July 2018
2.2
Qualifications and Explanations 2.2.1 Entrance Fees 2.2.1.1 The Entrance Fee for all Ordinary membership types may be paid in quarterly instalments across the first three years of membership. If the instalments are elected to be paid quarterly, a surcharge will apply at a rate determined by the Committee. 2.2.1.2 A Junior Member transferring to Ordinary Membership shall not pay any entrance fee. 2.2.1.3 A member transferring from Reciprocal to Ordinary Membership shall pay the full entrance fee reduced by the amount of subscriptions previously paid as a Reciprocal Member. 2.2.1.4 A member transferring from Associate to Ordinary Membership shall pay the full entrance fee reduced by the amount of subscriptions previously paid as an Associate Member. 2.2.1.5 When a person becomes an Ordinary member and that person’s spouse becomes a member and one or more of their children become Junior members at the same time, they are entitled to a family discount from the total Entrance Fees normally payable of 20%. 2.2.1.6 Past ordinary, Junior and Associate members of the Club who wish to rejoin within nine years of resigning and who have a minimum of two years previous membership be offered a discount on the Entrance Fee applicable as follows: Re-join within one year of resigning Re-join after one complete year and before two years absence Re-join after two complete years and before three years absence Re-join after three complete years and before four years absence Re-join after four complete years and before five years absence Re-join after five complete years and before six years absence Re-join after six complete years and before seven years absence Re-join after seven complete years and before eight years absence Re-join after eight complete years and before nine years absence
90% discount. 80% discount. 70% discount. 60% discount. 50% discount. 40% discount. 30% discount. 20% discount. 10% discount.
2.2.2 Subscriptions and Levies 2.2.2.1 The subscription of any member registered at 1 May each year shall be the full year’s subscription. Any member resigning during the financial year shall not be entitled to a reduction in subscriptions for that year. 2.2.2.2 Subscriptions are debited to Member’s accounts in four equal amounts in April, July, October and January together with an administration fee of 4% of the relevant subscription amount. Members may elect to pay subscription fees in full and such payment will not incur administration fees unless overdue. 2.2.2.3 The subscription of any member elected to membership during the financial year shall be the proportion of a full year's subscription that the Version – July 2018
number of months remaining in the year, including the month of admission, bears to 12. 2.2.2.4 An Ordinary member who is a full time student at a recognised tertiary institution may, upon written application, be granted a reduction in subscriptions, levies and house support fees of 50%. Such privileges shall be reviewed annually or by request from the Club. 2.2.2.5 The Committee may vary subscriptions for a category of membership as long as they are not increased above the amounts as determined above. 2.2.2.6 Levies shall be paid in full upon presentation of the account. 3. GENERAL MEETINGS 3.1 The business of the Annual General Meeting shall be conducted in the following order: (1) Receive reports and financial statements made up to 30 April immediately preceding; (2) Appointment of a Patron and Vice Patrons; (3) Election of Officers and Committee; (4) Appointment of an auditor who shall be a registered company auditor; (5) Transaction of business of which proper notice has been given; (6) Transaction of any other business as the Chairman may in his absolute discretion permit. 3.2 The business of a Special General Meeting shall be conducted by proceeding item by item through the business of which appropriate notice has been given. No item of business shall be dealt with unless proper notice of it has been given in the notice calling the Special General Meeting. No Special General Meeting shall act in contravention of this Rule. 3.3 At a General Meeting the chair shall be taken by the senior Flag Officer or failing him the senior Officer present, or if no Flag Officer or Officer is present, by a member chosen by the meeting. Every question (unless otherwise expressly provided by these Rules and the Constitution) shall be decided by a majority of members present and entitled to vote. Each member present shall have one vote and, in the case of equality of votes, the Chairman shall have a second or casting vote. Any General Meeting may be adjourned as the Chairman may direct. 3.4 On a vote any two members may call for a division when the Chairman shall divide the meeting. 4. ELECTION OF PATRON, VICE-PATRONS, OFFICERS AND COMMITTEE 4.1 A Patron, and Vice Patrons not exceeding five in number shall be appointed at each Annual General Meeting and shall hold office until the next Annual General Meeting or, in the case of a Vice Patron, ceasing to be a member, resigning from office or being removed by resolution at a General Meeting. Any vacancy or vacancies shall be filled at the next Annual General Meeting. 4.2 Officers 4.2.1 Officers shall be elected at each Annual General Meeting and shall hold office until the end of the next succeeding Annual General Meeting or ceasing to be a member, resignation from office or removal by resolution at a General Meeting. An Officer shall be eligible for re-election provided that no Commodore, Vice Commodore, Rear Commodore or Treasurer shall be eligible for re-election if he has held that particular office for three consecutive years immediately prior to such election. 4.2.2 To be eligible for election as an Officer of the Club a nominee shall have been an Ordinary member for at least five years. Version â&#x20AC;&#x201C; July 2018
4.3 Committee 4.3.1 Four members of the Committee shall be elected at each Annual General Meeting and shall hold office for a period expiring at the second Annual General Meeting after their election or ceasing to be a member, resignation from office or removal by resolution at a General Meeting. A Committee member shall be eligible for reelection. In the event of there being a vacancy on the Committee for one year only, then the member elected will hold office for the period expiring at the next Annual General Meeting and shall be eligible for re-election. 4.3.2 To be eligible for election to the Committee a nominee shall have been an Ordinary member for at least five years. 4.4 Nominations for Flag Officers, Honorary Treasurer and Committee shall be signed by two voting members and shall be lodged, together with the nominee's consent, with the General Manager not later than 5.00 p.m. on the third Friday in June preceding the Annual General Meeting. 4.5 The election of Flag Officers and Honorary Treasurer and for vacancies on the Committee shall be by ballot and taken in the following manner: 4.5.1 The names of candidates shall be printed on ballot forms. Each voting member present at the Annual General Meeting shall be given one ballot form, from which he shall strike out the names of any candidates for whom he does not wish to vote, leaving the same number of names as there are vacancies. Informal ballot papers shall be invalid. 4.5.2 Any voting member who will be absent from an Annual General Meeting may obtain a ballot form from the General Manager by personal application and record their vote in a special sealed envelope which must be received by the General Manager not later than eight (8) hours before the time set down for the meeting. 4.5.3 Scrutineers appointed by the meeting shall then collect all the forms, and on examination shall declare the names of the candidates who have been elected. 4.6 In the event of a vacancy occurring before an Annual General Meeting the Committee shall have the power to select a member of the Club to fill the vacancy until the next Annual General Meeting. 4.7 The appointment and tenure of Trustees is as provided in Article XIII of the Constitution. 5.
DUTIES AND POWERS OF THE COMMITTEE, HONORARY TREASURER AND GENERAL MANAGER 5.1 Committee 5.1.1 The Committee shall meet at least once in every calendar month and may act notwithstanding any vacancy. Meetings shall be chaired by the Commodore, or in his absence, the senior Officer present. Minutes of all resolutions and proceedings shall be entered in the Committee Minute Book. 5.1.2 The quorum at a meeting of the Committee shall be five. 5.1.3 The retiring Commodore shall ex-officio be a member of the Committee. The Vice Patrons may attend meetings of the Committee and speak, but may not move, second or vote on any motion or be counted in a quorum. 5.1.4 If any member of the Committee shall fail to attend three consecutive Committee meetings his position may be declared vacant and if so, he shall be notified in writing. 5.1.5 The Committee shall manage the affairs of the Club in accordance with the Version â&#x20AC;&#x201C; July 2018
Constitution and Rules generally and in addition shall have the following powers: 5.1.5.1
To appoint and remove a General Manager at its discretion.
5.1.5.2
To purchase or lease any building or part thereof for the purposes of the Club, and to let or sub-let any building or part thereof upon such terms as it may think fit.
5.1.5.3
To erect, maintain, improve and alter any buildings for the purpose of the Club.
5.1.5.4
To appoint a Club coach and to engage contractors.
5.1.5.5
To purchase, hire or otherwise acquire any personal property (including boats) for the benefit, convenience and accommodation of the members and to sell, lease or otherwise dispose of them.
5.1.5.6
To purchase or otherwise acquire class yachts and to lease lend or sell them on terms to members to promote that particular class of yacht.
5.1.5.7
To raise and expend money for purposes the Committee considers necessary for the benefit of the members and to borrow money for all or any of the purposes of the Club on mortgage, debenture or otherwise.
5.1.5.8
To open and operate accounts at any bank and to give security therefore.
5.1.5.9
To remit for good cause any part of the subscription of any member for such time as the Committee think fit, provided that no remission of subscription under this sub-rule shall reduce the annual subscription of any member below the minimum prescribed by the Liquor Control Act 1988.
5.1.5.10
To pay any employee of the Club any gratuity for faithful and diligent service as seems fitting.
5.1.5.11
To cause a budget to be prepared of estimated income and expenditure for each financial year.
5.1.5.12
To appoint and disband sub-committees consisting of members of the Club for all or any purposes that it may deem fit.
5.1.5.13
To arrange races, regattas, competitions and social functions and allocate funds for the provision of prizes.
5.1.5.14
To discipline, suspend and expel members in a manner consistent with the Constitution and Rules.
5.1.5.15
Subject to the provisions of the Liquor Control Act 1988 and subject to seven daysâ&#x20AC;&#x2122; notice of motion being given to each member of the Committee, limit the number of members of the club generally and specially and vary or withdraw such limit.
5.1.5.16
To invest surplus moneys in investments authorised by law for trustees.
5.1.5.17
The Committee may set such charges for the use of the Club Facilities as it may determine. Any charges so determined for pen rentals and hardstanding rentals shall be subject to the approval of a General Version â&#x20AC;&#x201C; July 2018
Meeting. 5.1.5.18
All correspondence to or from the Committee or its sub-committees shall be conducted through the General Manager.
5.1.5.19
To appoint a Rear Commodore as the Club Delegate to the Yachting Association of Western Australia.
5.2 Honorary Treasurer On behalf of the Committee the Honorary Treasurer shall oversee the financial affairs of the Club and, together with the General Manager, ensure that budgets are prepared, proper books of account are kept and the required financial statements submitted to each Annual General Meeting. 5.3 General Manager and Chief Executive Officer The General Manager and Chief Executive Officer shall carry out all duties pertaining to that office and all other duties imposed upon him by the Committee and shall be in charge of the day to day business and affairs of the Club, which specifically includes the control of staff, including powers to engage, suspend or dismiss. 6. SUB-COMMITTEES 6.1 The Committee may appoint the following sub-committees: (1) Membership Committee (2) Finance Committee (3) House Committee (4) Capital Works and Maintenance Committee (5) Harbour Berthing Committee (6) Sailing Committee (7) Power Yacht Committee (8) Offshore Committee (9) Junior Liaison Committee (10) Long Term Planning Committee (11) Cruising Committee and may create and disband such other sub-committees as it may deem expedient. 6.2 All sub-committees shall be subordinate to and shall report monthly and be responsible to the Committee which may add to or subtract from the duties and powers of any subcommittee. 6.3 Chairmen of Sub-Committees The Commodore shall ex-officio be a member of each sub-committee and shall be Chairman of the Capital Works, Maintenance and Long Term Planning Committee. The Vice Commodore or a Rear Commodore shall be Chairman of the House Committee. The Vice Commodore or a Rear Commodore shall be Chairman of the Sailing Committee. A Rear Commodore shall be Chairman of the Junior Liaison Committee. A Rear Commodore shall be Chairman of the Power Yacht Committee. The Honorary Treasurer shall be Chairman of the Finance Committee. The Committee shall appoint the Chairmen of other sub-committees. Chairmen are to represent the views of their respective sub-committees at Committee meetings. 6.4 Membership Committee The duties and powers of the Membership Committee shall be: (1) To peruse nominations for membership of the Club and advise the Committee as to whether the nomination should be accepted or rejected; (2) To consider any comments from any member as to the nominee's suitability; (3) To interview the nominee, if appropriate; (4) To form an opinion as to the nominee's suitability for membership; (5) To make recommendations to the Committee as to the immediate election, Version â&#x20AC;&#x201C; July 2018
(6)
placing on a waiting list or otherwise, of a nominee; To make recommendations to the Committee relating to membership matters;
and shall conduct all correspondence through the General Manager. 6.5 Finance Committee The duties and powers of the Finance Committee shall be: (1) To monitor all financial affairs of the Club; (2) To ensure that budgets are prepared, proper books of accounts kept and the required financial statements submitted to each Annual General Meeting; (3) To recommend to the Committee improvements or changes to the accounting systems and financial policies of the Club; (4) To report to the Committee monthly on the general financial situation of the Club. 6.6 House Committee The House Committee shall be responsible for recommending policy with respect to: (1) Club social functions; (2) Maintenance and furnishing and fitting out of the Club Licensed Premises excluding the Junior Club; (3) Standards and prices of services provided on the Club Licensed Premises; (4) Standards of behaviour and dress required on the Club Premises; (5) Conditions pertaining to members private functions; (6) Proposals for alteration and addition to the Club Licensed Premises; (7) Recommend to the Committee the promulgation and cancellation of by-laws relating to the Club Licensed Premises. and shall carry out the above through the General Manager. 6.7 Capital Works and Maintenance Committee The duties and powers of the Capital Works and Maintenance Committee shall be to: (1) Submit recommendations for the upkeep and development of all lawns, gardens and grounds; (2) Submit recommendations for roads and road maintenance; (3) Define and allocate parking sites within the Club grounds; (4) Supervise all foreshore planning and equipment and the installation and maintenance of wharves, jetties, slipways, moorings and storage sheds; (5) Designate areas for hardstanding, positions for class boat storage and dinghy racks; (6) Recommend to the Committee the promulgation and cancellation of by-laws relating to the Club Premises other than the Club Licensed Premises; (7) Review all proposals for Club development and major maintenance projects including consideration of the feasibility, design, construction and cost; (8) Supervise completion of all construction projects approved by General Committee; and shall carry out the above through the General Manager. 6.8 Harbour Berthing Committee The duties and powers of the Harbour Berthing Committee shall be to: (1) Consider applications for pens and moorings in the Marina and to recommend to the General Committee allocations and changes in allocations in the Marina; (2) Recommend to the Committee the promulgation and cancellation of by-laws relating to the Marina and vessels therein; (3) Supervise the observance of and compliance with Club Rules and By-Laws relating to the presence of vessels in the Marina; and shall carry out the above through the General Manager
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6.9 Sailing Committee The duties and powers of the Sailing Committee shall be to: (1) Frame and present to the Committee not later than 31 August, a programme of sailing events (other than offshore) for the coming season; (2) Recommend to the Committee the number and value of the prizes to be competed for in each event; (3) Organise and control all races (other than offshore) as the organising authority, in accordance with the Racing rules of Sailing of the International Sailing Federation and the Australian Yachting Federation Prescriptions thereto; (4) Recommend to the Committee the promulgation and cancellation of by-laws for the conduct of races for sailing yachts; (5) Allocate individual class yacht storage in areas designated by the Capital Works and Maintenance Committee; (6) Appoint a delegate to the Swan River Racing Committee of the Yachting Association of Western Australia. (7) Appoint Protest Committees. and shall carry out the above through the General Manager 6.10 Power Yacht Committee The duties and powers of the Power Yacht Committee shall be to: (1) Frame and present to the Committee not later than 31 March a programme of power yacht competitions and time trialling events for the coming season; (2) Recommend to the Committee the number and value of the prizes to be competed for in each event; (3) Organise and control all power yacht competitions and time trialling events and power yachts competing therein in accordance with the Time Trialling Rules of the Power Yacht Committee of the Yachting Association of Western Australia. (4) Appoint a handicapper for power yacht time trialling; (5) Appoint a delegate to the Power Yacht Committee of the Yachting Association of Western Australia, and where appropriate nominate candidates for election as officers of that committee; (6) Recommend to the Committee the promulgation and cancellation of by-laws for the conduct of power yacht time trialling events; (7) Generally to foster and attend to all power yacht events as directed by the Committee; and shall carry out the above through the General Manager. 6.11 Offshore Committee The duties and powers of the Offshore Committee shall be to: (1) Frame and present to the Committee, not later than 31 August, a programme of offshore events for the coming season; (2) Recommend to the Committee the number and value of the prizes to be competed for in each offshore event; (3) Organise and control all offshore races as the organising authority, in accordance with Racing rules of Sailing of the International Sailing Federation and the Australian Yachting Federation Prescriptions thereto; (4) Recommend to the Committee the promulgation and cancellation of by-laws relating to the conduct of offshore races; (5) Appoint a delegate to the Offshore Committee of the Yachting Association of Western Australia; and shall carry out the above through the General Manager. 6.12 Junior Liaison Committee The duties and powers of the Junior Liaison Committee shall be to: (1) Supervise and assist the Junior Members in their activities and welfare and to maintain good conduct and discipline among the Junior Members; Version â&#x20AC;&#x201C; July 2018
(2) (3)
(4) (5) (6) (7) (8) (9) (10)
Supervise and regulate the proper use of Club Property allotted for the use of the Junior Club; Assist in the running and control of the Junior Club and the conduct of their meetings and shall make regular reports to the Committee of the activities and requests of the Junior Club. To arrange for theoretical and practical tuition of Junior Members in seamanship, racing tactics, rigging, setting of sails and care of boat sails and gear; Institute and enforce all reasonable precautions for the safety of Junior Members; Supervise social functions for the Junior Members; Supervise such fund raising as the Committee may approve; Recommend expenditure on behalf of the Junior Club; Recommend to the Committee the promulgation and cancellation of Junior Club By-Laws; Generally foster and attend to all Junior Club matters as directed by the Committee and shall carry out the above through the General Manager.
6.13 Long Term Planning Committee The duties and powers of the Long Term Planning Committee shall be to consider and submit recommendations for long term planning issues and initiatives. The Long Term Planning Committee is to comprise the Flag Officers, the Honorary Treasurer and three nominees of the Vice Patrons plus one member under the age of 35 years appointed by, but not a member of General Committee. The nominees of the Vice Patrons and General Committee to serve for three years. The Long Term Planning Committee shall meet half yearly or more often as required. The Annual Report of the Long Term Planning Committee shall be presented to the members at the Annual General Meeting. 6.14 Cruising Committee The duties and powers of the Cruising Committee shall be to: (1) Frame and present to the Committee a programme of cruising events; (2) Conduct and generally foster cruising events; (3) Liase with the Sailing Committee, the Offshore Committee and the Power Yacht Committee; (4) Liase with the cruising divisions of other clubs; and shall carry out the above through the General Manager; 7. THE JUNIOR CLUB 7.1 Rule 1.8.1 provides that persons who are less than 18 years of age and who are elected by the Committee shall become Junior Members of the Club and shall remain eligible to be Junior Members until attaining the age of 18 years. 7.2 Rule 6.12 sets out the duties and powers of the Junior Liaison Committee. 7.3 The Junior Members of the Club are known as and constitute 'the Junior Club'. 7.4 The affairs of the Junior Club shall be conducted in accordance with the following provisions: 7.4.1 The Junior Club shall appoint its own committee (to be known as the Junior Club Committee) to supervise its own activities, and the Junior Club Committee will be a sub-committee of the Committee via the Junior Liaison Committee chaired by a Rear Commodore. 7.4.2
The Junior Club Officers shall be the Junior Club Captain, Junior Club Vice Captain and Junior Club Treasurer.
7.4.3
The Junior Club Committee shall consist of the Junior Club Officers, Junior Club Version â&#x20AC;&#x201C; July 2018
Secretary and five committee members all of whom shall be members of the Junior Club and shall meet monthly. 7.4.4
The members of the Junior Club Committee shall hold office in each year from the time of election until the next following Junior Club Annual General Meeting.
7.4.5
If any member of the Junior Club Committee fails to attend three consecutive Junior Club Committee meetings his position may be declared vacant and if so he shall be notified in writing.
7.4.6
The Junior Club shall hold a Junior Club Annual General Meeting in the Junior Clubhouse in September each year. This meeting shall be convened by the Junior Club Secretary who shall give three weeks notice to all Junior Members.
7.4.7
Nominations for Junior Club Officers, the Junior Club Secretary and the Junior Club Committee shall be signed by two members of the Junior Club and lodged together with the consent of the nominees with the Junior Club Secretary and be posted on the Junior Club notice board at least 14 days prior to the Junior Club Annual General Meeting.
7.4.8
All notices of motion for any Junior Club General Meeting must be handed to the Junior Club Secretary at least 14 days prior to the meeting and shall be placed on the Junior Club notice board forthwith.
7.4.9
The business of the Junior Club Annual General Meeting shall be conducted in the following order: (1) Receive reports and financial statements made up to 30 April immediately preceding; (2) Election of Junior Club Officers, Junior Club Secretary and Junior Club Committee; (3) Transaction of business of which proper notice has been given; (4) Transaction of any other business as the Chairman may in his absolute discretion permit.
7.4.10
The Junior Club Committee may and shall if required by the Committee convene a Junior Club Special General Meeting. Such a meeting shall be convened in the same manner as the Junior Club Annual General Meeting except that notices thereof and the business to be dealt with shall be posted to each Junior Member at least seven days before the date of the meeting.
7.4.11
At a Junior Club General Meeting the chair shall be taken by the senior Junior Club Officer present, or if no Junior Club Officer is present, by a member chosen by the meeting.
7.4.12
All voting at meetings shall be the same as that provided for at General Meetings of the Club.
7.4.13
The quorum at a Junior Club Committee Meeting shall be three.
7.4.14
The quorum at a Junior Club General Meeting shall be 11.
7.4.15
The Junior Club Secretary shall give at least seven days notice in writing to the General Manager of all Junior Club Committee and Junior Club General Meetings.
7.4.16
A copy of the minutes of all Junior Club meetings shall be forwarded by the Junior Club Secretary to the General Manager within fourteen days of the meeting. Version â&#x20AC;&#x201C; July 2018
7.4.17
The duties of the Junior Club Committee shall be: (1) To assist the Committee and the Sailing Committee in promoting the welfare and activities of the Junior Members; (2) To institute all procedures for the safety, maintenance and care of the Club's boats and gear allotted for Junior Club use or housed on the Junior Club premises; (3) To maintain good conduct and discipline among Junior Members; (4) To supervise and regulate the proper use of the Junior Clubhouse, boat storage areas and equipment and other property of the Club allotted for the use of Junior Members; (5) To communicate to its members Club and Junior Club instructions and information that affects Junior Members; (6) To keep and maintain proper records of its proceedings. (7) To hand promptly to the General Manager all monies, donations and funds received for the Junior Club.
7.4.18
Subject to the power of veto and direction of the Committee at all times, the powers of the Junior Committee are: (1) To arrange social functions for members of the Junior Club with or without charge; (2) To arrange fund raising; (3) To provide amenities for the members of the Junior Club; (4) To fill vacancies on the Junior Club Committee during the year of office; (5) To recommend to the Committee, through the Rear Commodore Juniors, expenditure on behalf of the Junior Club.
7.4.19
Finances 7.4.19.1 The finances of the Junior Club shall be under the control of the Committee. A special account shall be kept in the Club's financial books to record Junior Club receipts and payments. 7.4.19.2
All expenditure shall be first approved by the Rear Commodore Juniors.
7.4.19.3
A copy of the Junior Club account shall be presented to the Committee and the Junior Club Committee each month.
7.4.19.4
At the end of each financial year a statement of income and expenditure together with a budget for the coming year covering the activities of the Junior Club shall be presented to the Committee.
7.5
The members of the Junior Club shall conduct themselves in a proper manner and with the dignity appropriate to the Club.
8. 8.1
THE CLUB REGISTER OF VESSELS The General Manager shall maintain a Register of Vessels registered with the Club and the Register shall be divided into classes as follows: (1) Sailing Yachts (including vessels with auxiliary engines) (2) Power Yachts (3) Classic yachts registered in sub-rules (1) and (2) being vessels constructed of timber prior to 1965. Such registrations to be recorded in the Annual Report with the details of the yacht’s builder, designer, year of construction and a brief history of the yacht’s ownership. (4) Tenders and Dinghies
8.2
Particulars of a vessel for registration shall be supplied by the Owner and lodged with the General Manager on such forms as the Committee may require.
8.3
The Committee shall decide whether an application for registration will be accepted or Version – July 2018
refused and such decisions shall be recorded in the minutes of the meetings of the Committee. 8.4
No vessel shall be accepted for registration unless: (1) All Owners are members of the Club; and (2) At least one Owner is an Ordinary, Life, Special, Senior, Country or Junior Member ("eligible member").
8.5
The acceptance of an application for registration does not automatically create any obligation on the Club to provide facilities appropriate for use by a vessel nor for the provision of races or other events in which the vessel may compete.
8.6
Only a vessel registered with the Club may use the Club Facilities except as allowed in the By-Laws.
8.7
A vessel on the Club Register of Vessels shall bear its registered name clearly displayed on its hull. In addition, a vessel will at appropriate times display other forms of identification as may be prescribed by the Sailing Committee, Offshore Committee, Power Yacht Committee or the By-Laws or Sailing Instructions and all dinghies or tenders shall bear the name of the Owner and/or the name of its mother vessel displayed on both the fore and aft side of its transom.
8.8
Sail Numbers 8.8.1 A sailing yacht on the Club Register of Vessels shall carry on its sail(s) its number as entered in the Register in accordance with International Sailing Federation Rules. 8.8.2 A yacht on the Club Register other than an ISAF International Class or a class recognised by the Sailing Committee that normally sails in that Class, shall display blue sail numbers prefixed RF that are allocated or approved by that Committee. 8.8.3 If a yacht is also on the register of another yacht club it may be permitted by the Sailing Committee/Offshore Committee to wear on its sail, in lieu of the foregoing, the distinguishing number and marks allocated to it by that other club.
8.9
Insurance All vessels on the Club register and vessels competing in Club events shall be covered by third party insurance for property damage and injury or death of persons with a minimum cover of $10 million.
9. 9.1
CLUB UNIFORMS Mess Dress Mess Dress shall comprise black trousers and a black mess jacket furnished with three gilt Club buttons one each side, a soft white dress shirt with flat collar and black bow tie and black epaulettes. A black waistcoat furnished with small gilt Club buttons may be worn under the mess jacket. Mess Dress shall only be worn at the direction of the Commodore.
9.2
Square Rig The uniform for general wear shall comprise a navy blue or black double breasted reefer jacket having four black Club buttons on each side and sleeve and vents at side seams, dark grey trousers, white shirt, black tie and black shoes and socks. On special occasions the Commodore may specify that white trousers, white shoes and socks be worn. Owners of registered vessels may wear a small black anchor surmounted by a coronet in each side of the top collar of the jacket 25mm above the collar steps. Version â&#x20AC;&#x201C; July 2018
9.3
Summer Day Dress (1 October to 30 April) A white naval type shirt with two pockets and button down flaps, open neck, short sleeves and white epaulettes, white trousers, white webbing belt with brass buckle, white shoes and socks. A dark blue plain pattern crew neck jersey with black epaulettes may be added during inclement weather.
9.4
Winter Day Dress (1 May to 30 September) Dark grey trousers with dark blue plain pattern crew neck jersey with black epaulettes over a white shirt, black tie, black shoes and socks.
9.5
Club Blazer Members may wear a blazer coat made from plain navy blue material with a gilt Club buttons and distinguishing pocket badge, being a laurel wreath encircling the Club Burgee surmounted by a ducal coronet.
9.6
Racing or Cruising Rig Navy blue shorts or trousers with white shirt or white shorts or trousers with navy blue or white shirt. A jersey to conform with the above colours may be worn. Crew shirts or jerseys may be any colour providing all crew members wear the same style and colour. Oilskin or spray jacket colours are optional.
9.7
Caps Naval cap with white cover with Club badge. The badge shall be a silver fouled anchor with the letters "R F B Y C" superimposed surrounded by a laurel wreath and surmounted by a ducal coronet. The badge to be worked in gold (anchor excepted). White cap covers need not be worn from 1 May to 30 September.
9.8
Club Insignia 9.8.1 Buttons Club buttons shall be embossed with a ducal coronet surmounting a fouled anchor surrounded by the letters "R F B Y C". 9.8.2 Epaulettes Epaulettes shall be black or white as appropriate to the uniform. They shall measure approximately 130mm long and 50mm wide, fastened at the upper end by a gilt button and shall be square at the shoulder point and peaked at the upper end. The epaulette shall have the letters "R F B Y C" woven in gold thread spaced 7mm from the shoulder end and surmounted by a silver fouled anchor above which shall be a crown worked in gold thread and having a red velvet centre. Ranks of office as detailed below shall be 7mm naval gold lace conveniently spaced, the curl having a 7mm centre. The epaulettes for the General Manager shall be in silver lace. 9.8.3 Jacket Sleeves - Square Rig Uniform Rank of office will be denoted on both sleeves of reefer jackets in a 13mm black braid in the same style as for Rule 9.8.2. The bottom of the lower band shall be placed 65mm from the end of the sleeve with 7mm space between bands and where appropriate, a curl with a 13mm centre placed on the forepart of the sleeve. 9.8.4 Ranks of Office Commodore - four bands with curl Vice Commodore - three bands with curl Rear Commodore - two bands with curl General Manager - one band with curl Version â&#x20AC;&#x201C; July 2018
Honorary Treasurer - one band with rope band above Members of Committee - one band Ex Flag Officers with more than nine months service - as above without curl 9.8.5 Club Tie The Club tie shall be navy showing in miniature the Club Burgee. This may be worn with either blazer or lounge suit. 9.9
Distinguished Honorary, Honorary and Reciprocal Members shall not be entitled to wear the Club uniforms or insignia, other than the Club tie.
10. MARINA, HARDSTANDINGS AND BOAT STORAGE 10.1 Marina, Hardstanding and Boat Storage Rental Annual rental charges shall be assessed by the Committee. Any overall level of increase is subject to the approval of an Annual General Meeting or a Special General Meeting. Rentals are for the period 1 May to 30 April (or portion thereof, if allocated during the year) and are payable in July. A member may elect to pay the annual rentals in two equal instalments in July and January. An administrative fee of 2.5% of the relevant annual rental is applied to members electing to pay their rental half yearly. 10.2 Marina Rental Deposits The Owner of a vessel occupying a pen within the Marina must lodge a refundable deposit with the Club, which will be equal to the annual rental at the time of allocation multiplied by 1.14. This deposit is refundable: (1) When the vessel ceases to occupy the pen; or (2) When the member ceases to be a member of the Club. 10.3 Compliance, Liability and Indemnity 10.3.1 Vessels in the Marina shall comply with the Club Rules and By Laws. 10.3.2 The Club shall not be liable to any member or person for any damage however caused to or sustained by any vessel while such vessel is in or on the Club Facilities or is participating in any Club event or activity. 10.3.3 Any member who is directly or indirectly responsible for locating any vessel not wholly owned by members, in or on the Club Facilities shall indemnify the Club against all actions, damages, costs and expenses to which the Club may become liable in respect of any loss or damage to property or injury to persons arising wholly or in part by the location of such vessel in or on the Club Facilities. 10.4 Participation Members who own vessels occupying a pen in the Marina are expected to participate in Club activities that are practical for and commensurate with their type of vessel to warrant continued pen occupancy. The activity level is to be based on the participation level of similar type, size or design of vessels in Club events programmed or rostered for that type of vessel. 11. MISCELLANEOUS 11.1 Members' Addresses All members shall give the General Manager full details of his residential address and subsequent changes and may give a separate postal address for service of notices. 11.2 Notices to Members A notice may be given by the Club to a member either personally or by sending it by post to the address provided by the member in Rule 11.1. Where a notice is sent by post, service of the notice shall be deemed to be properly given by posting the notice and to have been effected, in the case of a notice of meeting, 48 hours after the date of its posting, and in any other case at the time at which the envelope would be delivered in the ordinary course of post. Version â&#x20AC;&#x201C; July 2018
If a member has failed to give an address as provided in Rule 11.1 then service of a notice may be effected by placing it on the Club noticeboard and shall be deemed to have been delivered at the time of being so placed. In the case of a notice being so served it will suffice if the form of the notice is placed and attached to a list of the members to whom it is addressed. 11.3 Gate Cards Gate cards will be issued to all Ordinary, Special, Senior, Country, Reciprocal and Associate Members upon payment of their annual subscriptions, and to Life and Distinguished Honorary Members. Replacement of a lost or destroyed card will only be made following written application to the General Manager and payment of a charge determined by the Committee. A gate card is issued to a member to enable admission to the Club of that member only and his vehicle only. A gate card shall not be used to admit any other vehicle and shall not be loaned to another person. Infringement of this sub-rule may entail the withdrawal of the member's gate card. 11.4 Pleasure Vessels Only No vessel with a commercial registration or used for trade or business purposes or for letting or hire or for any purpose other than pleasure shall be entitled to the benefits, use or privileges of the Club. If a member occasionally lets his vessel to third parties for private and pleasure purposes the vessel is not entitled to use the Club Facilities during the period of the hire. This rule does not preclude a vessel from using the Club Facilities if the owner is the exclusive charterer or lessee of the vessel. 11.5 Overdue Accounts Any member whose account includes a debt or charge that has been outstanding for two months from the date of the statement first detailing the debt or charge shall be debited with an administration charge of 2.5% of the overdue balance per month and shall not be entitled to credit for any purchases or service of any kind whilst his account remains overdue. 11.6 House Support House Support is the minimum expected aggregate expenditure that Ordinary and Senior members must spend with Club bar, catering and/or merchandise each half-year period ending the last Thursday of October and April each financial year without incurring a “shortfall levy” in the terms of this Rule. The amount of House Support for an Ordinary Member 36 years of age or more is determined by the Members at the Annual General Meeting. The amount of House Support for other eligible classes of Members is determined as the percentage set out in the table in Rule 2.1.1, except that Senior Members over the age of 75 years are exempt from House Support. Members whose aggregate Club bar, catering and merchandise purchases is less than their House Support amount at the end of the relevant half year House Support period, must pay a “shortfall levy” equivalent to the amount of that shortfall and have their Club account debited with that levy. The Committee will consider written applications for the Committee’s discretionary exemption from the imposition of a House Support shortfall levy for a Member experiencing financial hardship. . 11.7 Correspondence All outgoing correspondence must be processed through the Club Office and all incoming correspondence must be registered with the Club Office. Version – July 2018
11.8 Other Member's Property Members are reminded that it is not in accordance with the spirit of the Club to remove, damage or otherwise interfere with the property of another member. Apart from any action which the Club may take in the event of complaints, members are reminded that while members may not issue proceedings against the Club on any matter there is nothing to prevent a member issuing proceedings against another member. 11.9 Crew Members A regular crew member shall be a full member of the Club.
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SCHEDULE B ROYAL FRESHWATER BAY YACHT CLUB (INCORPORATED) BY-LAWS The By-laws of the Royal Freshwater Bay Yacht Club (Incorporated), in accordance with Article IX of the Constitution, as amended to July 2018. DEFINITIONS AND INTERPRETATIONS The Definitions and Interpretations in Article III of the Constitution shall have the same meaning when used in these By-Laws. 1. HOUSE AND GROUNDS 1.1 Liquor Act The Committee and all members shall observe and comply with the provisions of the Liquor Control Act 1988 which apply to the Club's activities. The Club shall keep an up to date register of members in respect of each class of membership. This register must be continually available for inspection at the club premises. 1.2 Hours of Operation The Committee shall set the hours of opening and closing the various facilities in the Club Licensed Premises and notices of such times shall be posted on the Club noticeboard. 1.3 Functions The Committee may prescribe what functions may be held within the Club Licensed Premises and when and where they shall take place. The Committee may make all necessary arrangements, including the determination of charges and any other matters. 1.4 Children Children under the age of 18 shall not be supplied with liquor and shall only be admitted to any bar area if in the company of and under the control of a member. 1.5 Guests 1.5.1 A person who is not a member shall not be admitted to any part of the Club Licensed Premises, Junior Clubhouse, boat storage areas, outbuildings or jetties except as provided for in these By-Laws. 1.5.2 A member hosting an approved function may introduce individual guests in the member’s company without limit to numbers. A member may introduce up to five guests in the member’s company at other times. 1.5.3 Guests shall be accompanied at all times by the introducing member. Members are responsible for their guests whilst the guests are on site. 1.5.4 The Committee may prescribe parts of the Club to which guests shall not be admitted. Notices defining the areas shall be displayed on the Club noticeboard. 1.5.5 A guest shall not be supplied with liquor to be consumed other than in the Club Licenced Premises. 1.6 No Dogs Permitted Dogs (other than guard dogs under the control of their handlers, or guide dogs) are not permitted anywhere within the Club Premises under any circumstances. 1.7 Standard of Dress 1.7.1 The minimum standard of dress on the Club Premises is shirt, shorts and shoes (not thongs). 1.7.2 Bathers, bikinis and scanty clothing may not be worn on the Club Premises.
Version – July 2018
1.8 Suggestions and Complaints A member's suggestions or complaints shall be made in writing addressed to the General Manager, or entered in the Suggestion Book kept in the main bar. 1.9 Gratuities A member shall not offer any form of gratuity to an employee of the Club. An employee of the Club shall not accept any form of gratuity from a member, or from a tradesman supplying or providing services to the Club, under pain of instant dismissal. 1.10 Damage to Club Property Any member who shall destroy, damage or lose any Club property shall pay the full cost of replacement. 1.11 No Removal of Club Property A member shall not take any Club property from the Club Premises for any reason, unless authorised by the General Manager. 1.12 Notices Papers or notices of any sort shall not be laid on the tables or bars nor put on the Club noticeboard nor displayed anywhere in or about the Club Premises without the prior approval of the General Manager. 1.13 Ringing the Bell Ringing the bell on race days will automatically require the member ringing the bell to pay for two jugs of beer which are to be distributed amongst members and guests in the Club Licensed Premises. 1.14 Consumption of Food and Liquor Members, guests or visitors are not permitted to consume food or liquor on the Club Licensed Premises other than food or liquor purchased at the Club. 1.15 Mobile Telephones Members, guests or visitors are not permitted to make or receive calls on mobile telephones within the Club Licensed Premises. 1.16 Smoking Smoking is not permitted inside any part of the Clubhouse 1.17 Motor Vehicle Parking Motor vehicles may only be parked in marked vehicle parking bays or designated lawn areas when access points are open. A fine of $50 may be imposed where vehicles are left in unauthorised areas, or in parking bays designated for Club Officials where the vehicle is not owned or operated by the designated Club Official. The parking bays in the parking area adjacent to the Clubhouse are strictly for member use. 1.18 Feeding Birds Members and their guests are not permitted to feed birds while on Club premises. 1.19 Deferred Payment Options Where a rule permits a deferred payment option for nomination fees or other payment and this is to be at a premium rate decided by Committee, this shall be at the stated rate of interest on the Clubâ&#x20AC;&#x2122;s cash accounts plus 2%. 1.20 Ladies Uniforms In reference to Club Uniforms (Rule 9) for ladies the female equivalent article of clothing may be applied. 1.21 Code of Conduct All persons entering the Club premises, in doing so, agree to comply with the Clubâ&#x20AC;&#x2122;s Version â&#x20AC;&#x201C; July 2018
Code of Conduct, copies of which are displayed around the Club and on the Club’s website. Persons in breach of the Club’s Code of Conduct may be asked to leave the site and/or be subject to the Club’s disciplinary procedures. 2. THE CONDUCT OF RACES FOR SAILING YACHTS 2.1 General Authority of the Sailing Committee and the Offshore Committee 2.1.1 All sailing races and yachts competing therein shall be under the direction of the Sailing Committee/Offshore Committee. All matters shall be subject to its approval and control and all doubts, questions and disputes which may arise shall be subject to its decision. 2.1.2 The Sailing Committee/Offshore Committee shall appoint starters, handicappers, protest committee and other officials as may be appropriate. 2.2 Registration of Sailing Yachts 2.2.1 A sailing yacht must be registered pursuant to Rule 8 before being eligible to compete in Club races. 2.2.2
The Sailing Committee/Offshore Committee may on occasion, by permission or invitation, allow yachts registered with other yacht clubs to compete in races conducted by the Club.
2.3 Racing Rules Sailing races shall be conducted under the Racing Rules of Sailing current at the time unless otherwise authorised by the Sailing Committee/Offshore Committee and stated in the program. 2.4 Inspection An Owner competing in Club races shall permit all reasonable inspection of his vessel by or on behalf of the Sailing Committee/Offshore Committee and shall afford all reasonable facilities to carry out such inspection in regard to measurements, marks, fittings, lifesaving apparatus, and such other matters as fall within the scope of the Sailing Committee/Offshore Committee. 2.5 Prizes Subject to Rules 6.9.2 and 6.11.2 prizes shall be trophies or open orders or as decided by the Sailing Committee/Offshore Committee. 2.6 Helmsman Unless the conditions of the race otherwise specify, a yacht competing in Club races shall be sailed either by a financial Ordinary, Life, Special, Senior or Junior Member of the Club or by any other person who the Sailing Committee/Offshore Committee permits but upon such terms and conditions as the Sailing Committee/Offshore Committee may specify. 2.7 Racing Uniforms Racing uniform is prescribed in Rule 9. 3. THE CONDUCT OF POWER YACHT COMPETITIONS AND TIME TRIALLING 3.1 General Authority of Power Yacht Committee 3.1.1 All power yacht competitions and time trialling events and power yachts competing therein shall be under the direction of the Power Yacht Committee. All matters shall be subject to its approval and control and all doubts, questions and disputes which may arise shall be subject to its decision. 3.1.2
The Power Yacht Committee shall appoint a starter, handicapper, protest committee and such other officials as may be appropriate.
3.2 Registration of Power Yachts 3.2.1 A power yacht must be registered under Club Rule 8 before being eligible to Version – July 2018
compete in Club events. 3.2.2
The Power Yacht Committee may, on occasion by permission or invitation, allow power yachts registered with other yacht clubs to compete in events conducted by the Club.
3.3 Time Trialling Rules Power yacht time trialling events shall be conducted under the rules of the Power Yacht Committee of the Yachting Association of Western Australia current at the time unless otherwise authorised by the Power Yacht Committee and stated in the program. 3.4 Prizes Subject to Rule 6.10.2 prizes shall be trophies or open orders or as decided by the Power Yacht Committee. 3.5 Helmsman Unless the conditions of the event otherwise specify, a vessel competing in Club events shall be helmed either by a financial Ordinary, Life, Special, Senior or Junior Member of the Club or by any other person who the Power Yacht Committee permits but upon such terms and conditions as the Power Yacht Committee may specify. 4. FLAGS, ENSIGNS AND BURGEES 4.1 General - Australian Register of Ships The Shipping Registration Act 1981 (Cwlth) contains the rules governing the registration of Australian ships and the flying of ensigns. Australian owned ships can only be registered as Australian ships. Vessels on the Club Register of vessels are entitled (but not compelled) to be registered as Australian ships. 4.2 Flying of Ensigns 4.2.1 Vessels on the Club Register of Vessels have the choice of flying either the Australian National Flag or the Australian Red Ensign ('the Ensign'). 4.2.2
In power driven vessels and, where possible, in sailing vessels the Ensign shall be flown at its own special staff at the stern.
4.2.3
If it is not possible to fly the Ensign at the stern of a sailing vessel when under way the following rules apply: (1) (2) (3)
In gaff rigged yachts, the Ensign is flown at the peak of the aftermost sail. In ketches and yawls with Bermudian rigged mizzens the Ensign is flown at the mizzen masthead. In other Bermudian rigged yachts the Ensign is flown two thirds of the way up the leech of the aftermost sail.
4.3 Club Flag or Burgee 4.3.1 On yachts the Club Burgee is to be flown from the masthead or the starboard crosstrees. On power yachts the Club Burgee is to be flown from the foremast or a mast or similar fitting on the highest point of the superstructure. 4.3.2
The Club Burgee shall only be flown on a vessel on the Club Register of Vessels and while under the control or effective control of a member of the Club.
4.3.3
A Flag Officer's Flag shall only be flown on the vessel if the Flag Officer concerned is aboard or in effective control of the vessel.
4.3.4
A member lending or letting his vessel to a person who is not a member of the Club shall not permit the Club Burgee to be flown.
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4.4 Burgees of other Clubs 4.4.1 When in the home waters of another club of which an owner is a member, it is an act of courtesy to fly the burgee of that club in place of the Club Burgee. A Flag Officer should fly his Flag Officer's Flag in preference to any other burgee. 4.4.2
The Club Burgee shall not be flown with the burgee or ensign of another club.
4.5 Private or House Flags 4.5.1 An owner may register his private or house flag at Lloyd's but is not bound to do so. 4.5.2
4.5.3
A description and a drawing of a member's private or house flag should be delivered to the General Manager who shall keep a register of such private or house flags. The General Manager should be informed if a private or house flag is registered at Lloyd's. The owner of a yacht or a person who has chartered or been lent a vessel may use his private or house flag on that vessel.
4.5.4
On single masted yachts the private or house flags should be flown from the starboard upper cross-trees.
4.5.5
On schooners or power yachts with more than two masts, the private or house flag should be flown from the fore mast head.
4.5.6
On yawls and ketches the private or house flag should be flown either from the mizzen mast head or from the starboard cross-trees of the main mast.
4.5.7
A private or house flag may be flown with or without an Ensign.
4.6 Racing Flags When racing, only those flags which are authorised by the sailing instructions should be flown. 4.7 Times when Flags, Ensigns and Burgees should be flown 4.7.1 When a vessel is underway the Ensign, Club Burgee, Flag Officer's Flag and private or house Flags may be flown continuously day and night. The Ensign and Flags may be lowered during the hours of darkness. 4.7.2
In harbour, the Ensign should be hoisted at 0800 hours and hauled down at sunset.
4.7.3
In harbour the Club Burgee may be flown either between 0800 hours and sunset or continuously at the option of the owner. The Club Burgee shall not be flown while a vessel is unattended in the Marina.
4.7.4
A member's private or house flag should be hoisted and lowered at the same time as the Club Burgee.
4.7.5
A Flag Officer's Flag and house flag (if any) should be flown continuously by day and by night in harbour.
4.8 Salutes 4.8.1 Salutes are made by dipping the Ensign, i.e. lowering it slowly to a position about one third from the lower end of its hoist. 4.8.2
The vessel making the salute should keep her Ensign lowered, that is at the 'dip' while the vessel being saluted dips her Ensign. As soon as the vessel which is being saluted starts to re-hoist her Ensign, the vessel making the salute re-hoists hers. Version â&#x20AC;&#x201C; July 2018
4.8.3
The salute is only made with the Ensign. The Club Burgee and an Officer's Flag should never be dipped.
4.9 Customs of the Sea In cases not covered by these By-Laws, members are expected to follow the generally recognised custom. 5. MARINA AND HARDSTANDINGS 5.1 General 5.1.1 No Residential Accommodation No person is allowed to reside on any vessel berthed in the Marina. 5.1.2
Rubbish and Waste Rubbish, empty bottles, etc, must not be disposed of overboard within the Marina, nor deposited on any of the Club wharves or jetties except in the waste bins. No vessel toilet is to be used for solid sewage in the Marina. Portable toilets shall not be discharged anywhere in the Club Facilities.
5.1.3
Slipways Only authorised persons may operate the Club slipways.
5.1.4
Trollies and Barrows The Club maintains a number of four-wheel trollies and single-wheel barrows to enable members to load and unload vessels while in the Marina. Members shall not leave a trolley at their pen longer that is necessary. The trollies and barrows shall be returned to the hardstanding parking areas before the vessel leaves its pen.
5.1.5
Club Hoists The Club hoists are only to be used for launching and recovery of vessels on the Club Register of Vessels which have been approved for lifting. The hoists are not to be used to support a vessel for maintenance tasks without the prior approval of the General Manager.
5.1.6
Emergency Access Forced access by any member or Club employee to deal with fire or other emergency and the movement of a vessel to eliminate a danger to itself or other vessels shall be accepted by the Owner without recourse to the member or employee concerned. Such action is accountable to the Committee.
5.1.7
A vessel shall not be left unattended in the Marina with the propulsion engine running.
5.1.8
A vessel shall not anchor within the Marina without the prior approval of the General Manager.
5.2 Hardstandings 5.2.1 Dinghies, boats, trailers and other items will be placed only in prescribed racks, sheds or hardstandings and not elsewhere. They shall not be left indiscriminately around the Club Premises. A handling charge of $100 will be imposed on any member who places his dinghy, boat or trailer in an unauthorised place or in a rack or hardstanding without it having been allocated to him, together with a charge of $50 per week where a boat dinghy trailer or other item is left without authorisation in the Club premises. Where an item is not reclaimed within a period of 6 months, the Committee is authorised to dispose of it. 5.2.2
The Club does not encourage the entry of road trailers into the Club Premises but entry may be authorised where necessary to bring or remove members' items to Version â&#x20AC;&#x201C; July 2018
or from their boats but this does NOT include the regular launching of boats which are stored elsewhere. The General Manager is empowered to refuse entry by or require the removal of a trailer at any time. No road trailer (i.e. one which is normally used on a public road attached to a motor vehicle) shall be left on the hard standing areas, roads or lawns. Such trailers, and the vehicles to which they are attached must be parked only when and where specifically authorised by the General Manager in each instance. 5.2.3
Jinkers and trailers which in the absolute discretion of the Capital Works and Maintenance Committee are considered unsuitable or unsafe will be required to be removed from the Club Premises and will be re-admitted only when considered suitable by the Capital Works and Maintenance Committee.
5.2.4
All wheeled trailers, jinkers or similar equipment which are permitted on the Club Premises shall display clearly the name of the owner and/or the associated vessel.
5.3 Wharves 5.3.1 Reference is made to Rule 8.6 which prescribes in general terms that only vessels on the Club Register of Vessels may use the Club's Facilities. 5.3.2
No vessel shall come alongside any of the Club's jetties or wharves unless it holds a current Certificate of Compliance as defined in the Marina Safety By-Laws or is on the register of and holds a similar certificate from a yacht club affiliated with the Yachting Association of Western Australia. All vessels moored in the Marina or left unattended alongside any Club jetty or wharf shall have all battery master switches turned off.
5.3.3 Vessels may be brought alongside the Club's Main Wharf or Spur Jetty for a period of up to two hours to load or unload with the following exceptions: (1) the Fuel Wharf shall be kept free at all times for refuelling; (2) on sailing Saturdays, the Main Wharf, Fuel Wharf and Spur Jetty shall be kept free of boats from 12.00 noon until the start of the races to allow access for fleets which require the hoists for launching, but vessels may berth alongside after the start of races until 3.30 pm. Once competing yachts which require the hoist have been retrieved, vessels may again berth alongside. As a matter of courtesy, any vessel which at other times is obstructing the use of the hoists should vacate that position to allow reasonable use of it. 5.3.4 Berthing of vessels on the Club wharves or jetties for periods in excess of two hours may be permitted but only with the express permission of the General Manager. Any such permission shall only be for a maximum of 24 hours so long as this does not interfere with any sailing fixture or Club event. Members whose vessel occupies a berth on the Club wharves or jetties without permission may be levied a fee of $10 per day. 5.3.5 Any vessel found unattended and in contravention of these By-Laws may be moved or removed by the Club and while reasonable care will be taken in so doing, the Club will accept no responsibility for any loss or damage which may result. Similarly, any vessel which is left in an unsafe condition, insufficiently or improperly moored or in an emergency may be moved or removed by the Club. 5.3.6 Fishing or swimming from the Club wharves or jetties is prohibited. 5.4 Fuel and Fuelling 5.4.1 Refuelling or transfer of flammable liquids from one container to another including built in fuel tanks is only permitted at the designated Fuel Wharf. Portable tanks Version â&#x20AC;&#x201C; July 2018
are to be filled on the Fuel Wharf, safely clear of any vessel, or outside the Club Facilities. 5.4.2 Before refuelling, all appliances, engines and motors, including automatic bilge pumps and pilot flames and burners of gas units shall be turned off and openings to the bilge closed to prevent the entry of fumes. All crew and other personnel not directly required to assist with the refuelling must be ashore and may only reembark after the engine has been started. 5.4.3 Contact is to be maintained between the fuel hose nozzle and the deck filler while refuelling to prevent static sparks. 5.4.4 Smoking is not permitted while refuelling. 5.4.5 Petrol, oil, or other flammable liquid shall not be discharged into the Marina. 5.4.6 Containers of fuel and LP gas not part of the vessel's fixed tankage or machines with built in tanks are to be stored in compartments which drain overboard and do not connect in any way with the living quarters, machinery spaces or bilge. Tanks may be carried below the water line in compartments that can be sealed and easily contain the entire contents if spilled. 5.4.7 No paint, thinners, kerosene, methylated spirits or other flammable liquids other than engine fuel shall be stored on board any vessel moored in the marina. Engine fuel shall only be stored in a vessel's normal tanks as used when under way. Bilges will be kept clean and free from any flammable liquid. 5.5 Pen Regulations 5.5.1 All vessels shall be moored as directed by the Harbour Berthing Committee. All fastenings shall be of approved materials. 5.5.2 The following size of lines shall be fitted: Overall length of vessel (metres) 0-5 5 - 7.5 7.5 - 12 12 - 15 15 - 25
Minimum Diameter of Lines (mm) 12 16 20 24 28
5.5.3 Four approved plastic encased concrete weights of 12 kgs each minimum shall be fitted. 5.5.4 Lines considered unsafe may be required to be refitted at the direction of the Harbour Berthing Committee. 5.5.5 Any action or work that has been ordered by the Harbour Berthing Committee and not carried out by the member, may be carried out by the Club and the expenses incurred charged to the member. 5.5.6 A member may only install a catwalk alongside a pen with the express permission of the Committee and in accordance with the specifications prescribed by the Capital Works and Maintenance Committee. Catwalks become the property of the Club.
Version â&#x20AC;&#x201C; July 2018
5.5.7 Members are solely responsible for the safety of their vessels. 5.5.8 Boarding steps or planks are not be left on jetty surfaces such that they impede pedestrian or trolley access in any way. 5.6 Moorings 5.6.1 General 5.6.1.1
There are two classes of swinging moorings in the Marina: (1) Club moorings owned and maintained by the Club and rented to members; (2) Private moorings owned by members and placed and maintained by them on a site allocated to them by the Committee on the recommendation of the Harbour Berthing Committee.
5.6.1.2 In the event of the termination of a member's right to use a Club mooring or to use a rented mooring site, and after fourteen daysâ&#x20AC;&#x2122; notice, or in an emergency, the member's vessel and if applicable his private mooring may be removed from the mooring or site at the member's risk or cost. 5.6.2 Private Moorings 5.6.2.1 The placing of a private mooring in its allocated position and subsequent servicing and care is entirely the responsibility of the member to whom the site has been allocated. 5.6.2.2 All private moorings shall comply with all specifications and other directions of the Harbour Berthing Committee and the General Manager. 5.6.2.3 Private moorings shall be inspected by an approved maintenance contractor at least every two years, or more frequently if so ordered by the Harbour Berthing Committee. 5.6.2.4 If the Harbour Berthing Committee notifies any Owner of a private mooring that, in its opinion the mooring is not safe, is unsuitable or is out of position, then as from the date of notification the owner of the mooring shall not allow any vessel to be moored to it until repair, alteration or adjustment of its position is effected to the satisfaction of the Harbour Berthing Committee. 5.6.2.5 Any action or work that has been ordered by the Harbour Berthing Committee and not carried out by the member, may be carried out by the Club and the expenses incurred charged to the member. 5.6.3
Club Moorings Club moorings will be serviced and maintained by the Club. Members will be responsible for any damage caused by them.
6. PEN AND MOORING ALLOCATIONS 6.1 The Harbour Berthing Committee has the responsibility under Rule 6.8 to recommend bylaws for the allocation of pens and control and safety of vessels in the Marina. All applications for Club moorings or private mooring sites must be made in writing to the General Manager. 6.2 Pen rental agreement 6.2.1 A Member allocated a pen in the Marina shall sign a pen rental agreement and lodge it with the General Manager within 14 days of receiving it. 6.2.2
An allocation of a pen in the Marina shall not take effect until a pen rental Version â&#x20AC;&#x201C; July 2018
agreement, signed by the owner, has been lodged with the General Manager. 6.3 Policy for allocation: 6.3.1 Only vessels on the Club Register may occupy a pen in the Marina. 6.3.2
A vessel fitted with an engine must have a Certificate of Compliance defined in the Marina Safety By-Laws before it can occupy a pen in the Marina or lie alongside Club wharves or jetties.
6.3.3
Where applications for berths in the Marina exceed the available berths the Harbour Berthing Committee will have regard to the following criteria:
6.3.4
6.3.3.1
Sailing yachts will have priority over power yachts.
6.3.3.2
Applicants with a longer period of active membership will have priority over those with lesser periods of membership.
6.3.3.3
The applicant's participation in Club events.
6.3.3.4
The applicant's trading support of the Club, such as fuel purchases, catering and bar trade and Club social functions.
6.3.3.5
The applicant's total service to the Club.
6.3.3.6
The date of receipt by the General Manager of an application for a pen in the Marina or the date of issue of Certificate of Compliance, whichever is the later. This date will establish initial priority.
6.3.3.7
Members may be allocated more than one pen in the marina providing one vessel is a sailing vessel or a tender vessel under 7 metres in length.
6.3.3.8
When a member relinquishes a pen in the Marina and has observed all the requirements of these By-Laws and applies for a subsequent allocation for a similar sized vessel, that member will normally be given priority over applicants who have not previously been allocated a pen.
6.3.3.9
The vessel's draft, length and class.
6.3.3.10
Priority for allocation to Pens A1 to A9 is for wooden International Dragon Class yachts. Notwithstanding Rule 6.3.3.7, members whose Dragon is allocated to one of these pens may be allocated a second pen in the Club Marina other than a second 'Dragon pen'.'
Members seeking consideration for the allocation of a pen in the marina shall have the vessel in question entered on The Club Register of Vessels and pay the appropriate fee.
6.4 Policy for Retention: 6.4.1 The initial allocation of pens will be ‘Provisional’ for a period of 12 months. Retention thereafter to be determined from time to time by the Committee and subject to participation and support levels established by the Committee and having regard to the following criteria: 6.4.1.1
The boat’s participation in programmed Club events.
6.4.1.2
The boats owner’s participation in and support for Club activities and administration. Version – July 2018
6.4.1.3
The boat owner/s support for, and use of, Club services such as fuel purchases, bar, catering, Club and member social functions.
6.4.1.4
The boat owner’s period of membership
6.4.1.5
The boat owner’s maintenance of his boat in accordance with Club Marina Compliance Bylaws.
6.5 A pen or mooring is allotted to a vessel while it is on the Club Register of Vessels and is not transferable. When a vessel is sold the pen or mooring must be vacated. The allocation may be retained by the Owner if the vessel is to be replaced within a reasonable time, at the discretion of the Committee. 6.6 Vacant pens are available for temporary allocation by the General Manager. 6.7 If the Committee terminates a vessel's allocation to a pen, or after 14 days' written notice or in an emergency, a member's vessel may be removed from the berth and placed on a Club mooring. The Club will not accept any liability for the continued safety of the vessel. 7 MARINA COMPLIANCE BY-LAWS 7.1 These By-Laws set minimum requirements for all vessels occupying pens or lying alongside any wharf or jetty within the Marina. These By-Laws should not be construed as providing a complete set of safety standards as the safety of each craft and its occupants is the responsibility of its Owner. 7.2 Definitions and Interpretations The Definitions and Interpretations of the Club Constitution apply to the By-Laws. In addition the following words shall have the meanings shown below: 'accessible' - means within reach using standard tools and easily inspected by eye. 'approved' - means as laid down in the Rules or By-Laws or authorised in writing by a Club Inspector. 'attitude' - includes upside down. 'Certificate of Compliance' - means a certificate signed by a Club Inspector certifying that a vessel complies with these Marina Compliance By-laws. 'Club Inspector' - shall be a member authorised by the Committee. 'portable fuel tanks' - shall be of a proprietary type, corrosion proofed, made of metal or approved plastic, not more than 30 litres maximum capacity, stable shape, with only top access points and including a contents gauge. 'should', 'preferred' and 'recommended' - means strongly advised and subject to review. 7.3 General 7.3.1 A vessel shall not moor to any jetty, wharf or pen within the Marina unless a valid Certificate of Compliance has been issued for that vessel. 7.3.2
A Certificate of Compliance shall be valid for five years. Re-certification shall be by a different Club Inspector.
7.3.3
Changes to equipment the subject of these By-Laws shall invalidate the Certificate of Compliance.
7.3.4
A Club Inspector may issue a temporary Certificate of Compliance for a vessel undergoing repair, refit or construction. Version – July 2018
7.4 Fuel Tanks and Fittings 7.4.1 Fuel tanks shall be constructed of metal or fibreglass to DPI standards. Fibreglass tanks are subject to a manufacturer's certificate. Portable tanks shall be to Australian standards. Copper tanks are not recommended for diesel fuel. Aluminium fuel tanks shall be provided with a galvanic barrier to prevent electrolytic action.
7.4.2
Integral tanks, where the hull forms one or more of the tank's sides, are limited to steel or aluminium vessels and must be constructed to DPI standards and certified by a surveyor for use as fuel tanks.
7.4.3
Permanent tanks for outboard engine installation shall comply with the requirements listed in this section.
7.4.4
Fuel tanks shall not be mounted on inboard engines.
7.4.5
Tanks shall be supported and secured in such a way as to prevent any movement of or damage to the tank.
7.4.6
Fuel tank fillers nozzles shall be of metal or composite material and of an approved type and set into and sealed to the deck, so that any spilt fuel shall not drain into the vessel. Fuel fillers must not be fitted in self-draining cockpits with hatches or openings less than 150mm above the working surfaces. The connection between the deck filler nozzle and the fuel tank must be flexible enough to permit relative movement between the two. Connection by fuel resistant hose secured by two screw-action stainless steel hose clamps at each end of every hose is recommended. Spring-type hose clamps shall not be used. Connections must be readily accessible for inspection.
7.4.7
Metal deck filler nozzles must be earthed to the fuel tank with a bonding metal strip or insulated flexible wire of not less than 2.5mm section.
7.4.8
Boats with inboard petrol engines shall be fitted with an approved extractor fan to remove fumes from engine room spaces.
7.4.9
Petrol inboard engines shall have the fuel tank and all metal components in the fuel lines (e.g. fuel pumps, filters, etc.) earthed to the engine with a bonding metal strip or insulated flexible wire of not less than 2.5mm section. This is mandatory for petrol engines and recommended for diesel.
7.4.10 Welded construction is preferred for metal fuel tanks. Rivets on metal fuel tanks shall also be soft soldered. 7.4.11 A gas tight breather line shall vent overboard from the highest point of the fuel tank. A fuel resistant flexible hose or copper pipe free from fuel-retaining sags and fitted with metal gauze at the outboard end shall be used. Metal pipes are to have flared or cone connections. Hoses shall have flared connections or be secured by a screw-action stainless steel hose clamp at each end. Spring-type hose clamps shall not be used. 7.4.12 A stop-cock shall be fitted as close as possible to all fuel draw-off points. Cocks on return lines are strongly recommended. Ball and diaphragm cocks are acceptable for both petrol and diesel engines: gate valves are acceptable for diesel engines but not recommended for petrol engines. 7.4.13 Cocks shall be fitted to the tank draw-off and return points for fuel sight gauges and provided with a device to return them automatically to the closed position. Version â&#x20AC;&#x201C; July 2018
Sludge cocks shall be similarly equipped, or fitted with a threaded plug to provide against unintentional discharge. 7.4.14 Fuel lines shall be of proprietary flexible fuel resistant hose with flared end fittings or metal pipes with flared cone end fittings. Other proprietary fuel connections may be used equivalent to AS1799.3 - 1985 Small Pleasure Boats Code - Engineering or United States Coast Guard - Recreational Boating Safety Regulations.
7.4.15 Final connection between the fuel tank and engine shall be by an approved flexible hose of 150mm minimum length with flared end fittings. 7.4.16 Fuel lines shall be positively located with plastic or metal saddles fastened with metal screws. 7.4.17 Outboard engine fuel lines shall terminate near the engine with a fitting to match the standard hose quick-release self-sealing coupling. Fuel hoses are to be accessible and supported clear of walking surfaces and hazards from other gear carried. 7.4.18 Bilges shall be free of oil and fuel. 7.5A Electrical Installation – General Requirements 7.5A.1 It is the vessel owner's responsibility to regularly check the electrical installation of his/her boat and take action as is necessary to ensure the safety of the vessel and crew from the possibility of shock or fire. The 240v or 240v/415v part of the fixed electrical installation of a vessel is by law required to comply with the AS/NZS 3000 Wiring Rules, as specified in the Electricity (Licensing) Regulations 1991. The extra low voltage fixed electrical installation (normally 12v or 24v d.c.) of a vessel is recommended to comply with the same Wiring Rules, however this is not mandatory. 7.5A.2 It should be noted that fixed wiring installation and repair work may only be carried out by licensed electricians if the circuits operate at 240 volt single phase or 415/240 volt 3 phase. Other than for repair work, the owner can request from the licensed electrical contractor carrying out electrical installing work on the vessel, a copy of the compliance certification (referred to as a Notice of Completion1) required by law to be issued to EnergySafety on completion of the work and it is recommended that boat owners retain a copy of these work records. 7.5A.3 If a Club Inspector considers that the electrical installation of a vessel has significant safety deficiencies, the Club Inspector may require the vessel owner at his/her own expense to have a licensed electrical contractor – •
conduct a detailed check and test of the electrical installation and related equipment, and carry out repairs as necessary so that all parts of the installation comply with general and regulatory electrical safety requirements; and
•
issue a signed Electrical Safety Compliance Certificate for the vessel, using the form issued by the Club Inspector, and this Certificate is to be returned to the Club Inspector within the time specified.
7.5B Electrical Installation – Extra Low Voltage (less than 50v DC or 115v AC) 7.5B.1 Batteries are to be firmly secured in an acid-proof container capable of containing the entire liquid contents of the battery.
Version – July 2018
7.5B.2 A fully enclosed master switch capable of breaking the full load current of the electrical system associated with each battery bank shall be fitted in an accessible position as close as possible to the batteries but not on the engine. 7.5B.3 Switchboards are to be located so they are not adversely affected by sea-air, water, oil or fumes. Switchboards shall be provided with enclosures that are made of metal or material that is flame retardant and self-extinguishing.
7.5B.4 All wiring and connectors shall be maintained in good condition and adequately supported. Supports using fastenings which penetrate or damage wiring insulation are unacceptable. All wiring shall be protected against physical damage by virtue of location, or by additional protection such as through armouring or wiring enclosures. Cables of 240v and cables of extra low voltage circuits shall not be enclosed in the same wiring system unless installed as required by the AS/NZS 3000 Wiring Rules. 7.5B.5 Generators, starter motors, regulators, relays and electrical equipment shall be of approved marine type. 7.5B.6 All electrical circuits shall be protected/controlled by either moulded case miniature air circuit breakers, or in the case of older vessels, fuses plus enclosed switches. Automatic bilge pumps shall be incorporated in a separate circuit with a fuse of appropriate size. 7.5C Electrical Installation – 240v (and 415v 3 phase) 7.5C.1 Regardless as to whether the vessel has a permanent electrical installation (i.e. wiring is fixed in place) or whether portable, flexible cords are used to connect equipment, shore power consumption is limited to 15 amperes at 240v. Vessels with permanent 240v electrical wiring shall therefore be fitted with a 15 ampere moulded case miniature air circuit breaker to limit the current demand. 7.5C.2 The connection between the vessel and the shore shall be made with a heavy duty, double insulated 3 core flexible cord (referred to as the "supply lead"). The shore end shall be fitted with a 3 pin plug complete with knurled locking ring, to secure the plug and prevent entry of moisture. In the case of a vessel with permanent 240v electrical wiring, the vessel end of the supply lead shall plug into an ‘appliance inlet socket’ installed on the superstructure of the vessel, and this end of the cable shall also be fitted with a 3 pin plug with knurled locking ring. Worn or damaged shore cables should be repaired (e.g. with heatshrink sleeves) or replaced. The supply lead shall be long enough and arranged so that it will permit normal movement of the vessel at its pen without undue stress. 7.5C.3 Particular requirements for vessels with permanent 240v or 240/415v wiring: a) By law, the electrical installation must comply with the AS/NZS 3000 Wiring Rules (additionally, compliance with Sections 3 and 4 of AS/NZS 3004 is recommended but not compulsory); b) If an onboard 240v or 240v/415v generator is installed and able to be connected to the fixed electrical installation of the vessel, there shall be a changeover switch that allows either the shore power supply or the generator output to be connected to the vessel's 240v or 240/415v installation and individual circuits shall not be capable of being energised by more than one source of electrical power at a time. The generator's output shall be protected with a suitably rated moulded case miniature air circuit breaker.
Version – July 2018
Electrical Safety Compliance Certificate Vessel Name: ………………………………………………………. The electrical installation of this vessel was checked on the date shown. • Checks and tests confirmed that at this date the installation's low voltage parts (240v or 240/415v a.c.) complied with the essential safety requirements of the current AS/NZS 3000 Wiring Rules and is safe to connect to shore power supply. • Checks confirmed that at this date the extra low voltage parts (< 50v a.c. or 115v d.c.) also complied with the essential safety requirements of the current AS/NZS 3000 Wiring Rules. ……………………………………… ELECTRICAL CONTRACTOR NAME
………………….… CONTRACTOR LICENCE NUMBER
………………………………….. NAME (PRINT) & SIGNATURE
……………………… DATE
This form has been prepared by EnergySafety WA, for use by Electrical Contractors to issue to vessel owners who wish to have their vessel's electrical installation confirmed as complying with their Yacht Club's requirements. The form is not a substitute for a Notice of Completion which the electrical contractor must submit to EnergySafety after the carrying out of electrical installing work.
7.6 Fire Extinguishers 7.6.1 Fire extinguishers shall be carried in accordance with Department of Transport regulations. The minimum number of extinguishers to be carried is two for vessels under 7.5 metres in length, three for vessels over 7.5 metres but less than 10 metres, plus one extinguisher for every additional 2.5 metres or part thereof. Extinguishers are to bear the stamp of the Standards Association of Australia and conform to one of the following: AS1841.1 and AS1841.4 (foam) AS1841.1 and AS1841.5 (powder) AS1841.1 and AS1841.6 (CO2) AS1841.1 and AS1841.7 (vaporizing liquid) 7.6.2 Fire extinguishers shall be strategically distributed throughout the vessel in easily accessible locations, to the safety officer's satisfaction. 7.6.3 The minimum capacity of any fire extinguisher shall be 10BE. 7.6.4 A permanently fixed fire suppression system (either automated or manually operated) shall be fitted to the machinery spaces of power yachts over 15 metres and all vessels with a fuel tank capacity in excess of 2000 litres. 7.6.5 All fire extinguishers shall be replaced in accordance with the manufacturer specifications, at the owner’s expense. 7.7 L.P. Gas 7.7.1 It is the vessel owner's responsibility to regularly check the gas installation and related equipment of his/her boat and take action as is necessary to ensure the safety of the vessel and crew from the possibility of explosion or fire. 7.7.2 The gas installation of a vessel is by law required to comply with the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 which stipulate certain requirements in addition to requiring compliance with AS5601 Version – July 2018
Gas Installations, which contains general requirements for gas installations and requirements specific to LP installations on marine craft. 7.7.3 Particular attention is drawn to clause 6.3.7.11 of AS5601 which states: "Where an appliance with a continuously burning flame is to be installed below the upper deck and there is no low level ventilation in the area where the appliance is to be installed, a combustible gas detection system complying with Appendix K (of AS5601) shall be installed". 7.7.4 Gasfitting work may only be carried out by licensed gas fitters and on completion the gas fitter is required to fit a compliance badge2 to the vessel, in respect of the work performed. The gas fitter is also required to complete a Notice of Completion3 and submit that to EnergySafety and a copy to the vessel owner. 7.7.5 Gas cylinders are to be within test date and in good condition. 7.7.6 Requirements equivalent to those for electrical installations as specified in Clause 7.5A also apply to gas installations. The Club’s Inspector may therefore require an installation to be checked and tested by a licensed gas fitter to confirm compliance, at the owner’s expense. In such instances the confirmation must be in the form of a Gas Safety Compliance Certificate for the vessel, using the form issued by the Club Inspector, and this Certificate is to be completed and signed by the licensed gas fitter and then returned by the vessel owner to the Club Inspector within the time specified. Gas Safety Compliance Certificate Vessel Name: ………………………………………………………. The gas installation of this vessel was checked on the date shown. Checks and tests confirmed that at this date the installation complied with the current AS5601 Gas Installations and the additional requirements of the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999. ……………………………………… GAS FITTER BUSINESS NAME
………….…………. GAS FITTER LICENCE NUMBER
……………………………………… NAME (PRINT) & SIGNATURE
……………………… DATE
This form has been prepared by EnergySafety WA, for use by Licensed Gas Fitters to issue to vessel owners who wish to have their vessel's gas installation confirmed as complying with their Yacht Club's requirements. The form is not a substitute for a Notice of Completion which the Gas Fitter must submit to EnergySafety after the carrying out of any gas installing work.
7.8 Department of Transport Regulations All vessels subject to these By-Laws shall comply with relevant Department of Transport regulations regarding navigation, safety, and lifesaving equipment.
2 3
See sample of gas Compliance Badge attached. See attached sample of Notice of Completion re gas installing work.
Version – July 2018