Constitution

Name
The name of the Club is the "Hampton Harbour Boat and Sailing Club (Inc).
Objects
The objects of the Club are:
1. The encouragement of amateur yacht sailing, power boating and other sports, games and pastimes.
2. The encouragement of the study of seamanship, pilotage and navigation and the improvement in design of cruising and racing yachts and power boats.
3. The holding and arrangement of matches, races, regattas, competitions, and other sports, pastimes and games and the offering and granting of contributions towards the provision of prizes, awards and distinctions.
4. The promotion of social intercourse between members of the Club and their friends and the provision of accommodation with all the usual privileges and advantages of a Club for the purposes aforesaid.
5. The provision of accommodation for members and their guests upon premises of which the Club is the bona fide occupier and not for the purpose of making profits divisible amongst the members of any of them or in support of any object other than the accommodation of the members or the members and their guests.
6. The affiliation with other kindred sporting and community associations.
7. To make such agreements with Municipalities, Shire Councils or other bodies for the purchase, leasing or other hiing of suitable property or properties for the purpose of the r
  Club and to provide and maintain grounds, harbours, mooring berths, Club premises and buildings and amenities for the use and accommodation of its members and their guests upon premises lawfully occupied by the Club; provided that such accommodation must be provided and maintained from the joint funds of the Club.
8. To purchase or otherwise acquire any real or personal property for the purposes of the Club.
9. To borrow by way of loan or overdraft or by the issue of debentures for the Club and to invest in any of the investments authorised by law any surplus funds of the Club not immediately required for the purposes of the Club.
10. To enter into such agreements as are reasonable and necessary or as are considered advisable for the proper utilisation of the Club's assets and for the proper carrying out of the other objects herein detailed for the benefit of members and their guests.
11. (k) To maintain the Club's license pursuant to the provisions of the Liquor Licensing Act 1988 as amended and the requirements of the Director of Liquor Licensing.
Income and Property
The income and property of the Club shall be applied solely to the promotion of its objects and no part shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of pecuniary profit to the members.
Finance
desirable, the balance of the funds of the Club may be utilised or dealt with in such manner as the Committee may determine for the furtherance of the Objects of the Club. The annual accounts of the Club shall commence on the 1st November in each year.
Trustees
The Committee shall appoint not less than three (3) members as Trustees 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.
The Common Seal
The Common Seal of the Club shall not be used except by authority of the Committee and every instrument to which the Seal is affixed shall by signed by two (2) of the Trustees for the time being or by one of the Trustees and some other person appointed by the Committee for the purpose.
By-Laws
The Club shall adopt such By-laws as from time to time be recommended by the Committee and subsequently approved by a majority of members at the next Annual General Meeting.
Dissolution
1. Upon application in writing to the Committee by two-thirds (2/3) of the members entitled to attend and vote at General Meetings signifying their desire that the Club should be dissolved, a Special General Meeting shall be called to consider the question. At such Meetings, votes by proxy will be received, and the votes of at least two-thirds (2/3) of the members voting proposition for dissolution.
2. In the event of a resolution being carried, any assets remaining after satisfaction of all debts, shall not be paid to, or distributed among Club Members, but shall become the property of Hamersley Iron Pty Limited to be held in trust by it for use in the interests of the community of Dampier.
Liability
The Club, its Officers and Committee, shall not be liable to any member or Associate, Honorary Member of the Club, or to any person using the Club premises or property, under or by virtue of the Constitution thereof, for or by reason of any act, neglect, default or negligence of any officer, servant, employee or agent of the Club. All such persons aforesaid using the Club premises, or any property of the Club or making use of any of the conveniences or facilities provided by the Club shall be deemed to do so at their own risk.
Appeal to Law
The members shall be held to consent to and be bound by the Constitution and By-Laws of the Club and shall not be entitled to appeal to any Court because of anything done under the provisions of the said Constitution and By-Laws.
Membership
1. Categories
  The Club shall consist of the following categories of members:
  1. Ordinary members (Individual and family basis)
  2. Social membership - non voting. ( Individual and family basis )
  3. Country membership.
  4. Concessional membership
  5. Commercial/Corporate membership
  6. Honorary membership
  7. Life membership.
  8. Individual or family ordinary membership.
    A person over the age of eighteen (18) years who may be so elected from time to time by the Committee
    Or
    Such persons over the age of eighteen ( 18) years who may be elected from time to time by the Committee as ordinary Members, and the spouse of such member and dependant children under the age of eighteen ( 18) years.
    Both adult members shall be entitled to all the rights and privileges of ordinary members, except that only one shall have the right to vote or hold office or to propose or second new members.
  9. Individual or family social membership (non-voting)
    A person over the age of eighteen (18) years who may be so elected from time to time by the Committee
    OR
    Such persons over the age of eighteen (18) years who may be elected from time to time by the Committee as social Members, and the spouse of such social member and dependant children under the age of eighteen (18) years.
    Both adult members shall be entitled to all the rights and privileges of social members, except that neither shall have any right to vote or hold office.
  10. Country members
    Such persons over the age of eighteen (18) years who reside more than fifty (50) kilometres from the Clubhouse, and who in the opinion of the Committee, are thereby deprived of the regular use of the Club's facilities. Country members shall have no right to vote or to hold office.
  11. Concessional members
    Concessional members shall be limited to those persons who by reason of age or disability are no longer able to engage in the sporting or boating activities. The Committee shall have power at any time to limit the number of such concessional members and such concessional membership shall be for one season only and shall carry no right to vote or to hold office.
  12. Commercial/Corporate members
    Commercial/Corporate members shall be limited to registered businesses that use HHBSC facilities in the operation of their business. Each business will enter into a signed agreement with HHBSC and will not have voting rights.
  13. Honorary Members
    Such persons meeting the requirements of the Director of Liquor Licensing and possessing the qualifications set out in the Constitution who are elected from time to time in the manner provided by the Constitution. Such members shall have no right to vote or to attend meetings or to hold office.
    Notwithstanding the foregoing, persons possessing the following qualifications may visit the Club at the express invitation of the Club and shall while so visiting be deemed to be a Honoray Member:
    1. Members of other Yacht and Boat Clubs.
    2. Persons of distinguished or Public position visiting the
      Club including Ministers of Religion.
    3. Officers of the Navy, Army or Air Force, of any country, including Australia, visiting the State.
  14. Life Members
    Such persons over the age of eighteen (18) years who have rendered, meritorious or special services to the Club and have been recommended for "Life" membership by a resolution passed at a meeting of the Committee elected by a resolution passed at the next following General Meeting.
2. Rights and Priviledges
  Only members of categories (a), (b) and (h) of clause 11. l shall have the right to vote at meetings of the Club, to propose or second new members of any classification, or to propose any candidate for election to office, or the right to hold office or to be elected a member of the Committee.
  Life Members shall have all the rights and privileges of an Ordinary Member.
3. Election of Members
  1. Applications for Membership Forms are available only to Members.
  2. Completed Applications for Membership, duly signed by Nominator and Seconder (both of whom being financial Club Members) and the Nominee, are to be lodged with the IIl-IBSC Office, and held pending a decision by the Committee, that vacancies for membership exist.
  3. The Nominee will be advised when such vacancy occurs and on payment of the required fees shall be considered for membership by the Committee subject to Sub-clause 11.3(d).
4. Fees and Subscriptions
  1. Annual subscriptions shall be due and payable on the 1st December in each and every year. IIl-IBSC is required to advise all financial members in writing within at least thirty (30) days of the last day for payment that fees are due, and if not paid by 1st January, membership may be terminated in terms of Sub Clause 1 l.6(b ).
  2. The Subscription per annum shall be as recommended by the Committee and confirmed by a General Meeting.
5. Cessation of Membership
  A member shall cease to be a member of the Club:
  1. On his or her written resignation or death.
  2. Should any member's subscription or other money due to the Club remain unpaid by the due date, that fact shall be notified to such member, and should the amount due remain unpaid for one (1) month after such notice, the Committee may strike his/her name off the books, when his/her membership shall cease, unless in consequence of his/her being absent from Western Australia, or for any other sufficient reason, the Committee may think proper to extend the time allowed for payment or to remit the whole or a portion of the sum due.
  3. By a resolution of the Committee of the Club to detemine his/her membership, passed in accordance, with the Constitution of the Club for the time being in force, in that behalf. Provided always that:
    1. That not less than seven days notice of intention to propose the resolution be given to each member of the Committee,
    2. That the Constitution may provide for an appeal from such decision.
Management
1. Officers
  The Officers of the Club shall consist of a Commodore, Vice Commodore, three (3) Rear Commodores, (all of whom shall be the Flag Officers), Honorary Treasurer, Honorary Secretary and the Trustees.
  Each candidate for Flag Officer shall be the owner, or part-owner of a boat, on the Club's Register of Sailing or Power craft, or be approved for election by the Committee.
2. Committee
  1. The sole management of the Club shall be in the hands of the Committee who shall be members, which will consist of:
    1. Commodore
    2. Vice Commodore
    3. Three (3) Rear Commodores
    4. Honorary Secretary
    5. Honorary Treasurer
    6. Five (5) additional members
  2. The Committee shall hold periodical meetings, and Minutes of all resolutions and proceedings of such Committee Meetings shall be recorded.
  3. The Committee may appoint sub-committees constituted by members who may or may not be Committee members and may delegate power to act. Every subcommittee shall report and be responsible to the Committee. The committee may appoint a member to be the Chairman of any sub-committee other than a member of which a Flag Officer is ex-officio Chairman as provided in the ByLaws. The Chairman of any sub-committee may be invited to attend meetings of the Committee and shall have the right to speak thereat but shall not be entitled to vote unless he is an elected member of the Committee.
3. Duties and Powers Of Committee, Secretary and Others
  1. The Committee shall meet at least once in every calendar month and may act notwithstanding any vacancy therein.
  2. The quorum of the Committee shall be seven (7).
  3. If any Committee member shall fail to attend three consecutive meetings of the Committee without leave of absence, his/her seat may be declared vacant and upon the happening of such event, shall be notified accordingly.
  4. The Committee shall manage the affairs of the Club in accordance with the Constitution of the Club generally, and shall have power to do the following special acts:
    1. To purchase, take or lease any building or part thereof for the purpose of the Club, and to sublet any building or pat thereof or leased upon such terms as they may think fit.
    2. To erect, maintain, improve and alter any building for the purpose of the Club.
    3. To purchase magazines, periodicals and books for the use of the members of the Clubhouse.
    4. To purchase, hire or otherwise acquire any personal property for the benefit, convenience and accommodation of the Members and to sell, lease or otherwise dispose of same.
    5. To purchase or otherwise acquire yachts and power boats and to lease, lend or sell same on easy terms to members to foster any particular class of yacht or power boat.
    6. To borrow money with or without security as the Committee may think fit and to secure the same by mortgage, debenture or otherwise in such manner as the Committee shall think fit.
    7. To open and operate accounts at any Banks and selected committee members to be signatory of those accounts .
    8. To appoint servants of the Club, and to remove them at their discretion.
    9. To remit for such times as the Committee think fit any part of the subscription of any member who is absent from Dampier for a longer period than six (6) months at any one time for other good cause, and also establish a supernumerary list of members.
    10. Subject to the requirements of the Director of Liquor Licensing, to make, alter, amend and repeal By-Laws of the Club from time to time for the good working and management of the Club provided such By-Laws or amendments thereto shall not abrogate or alter the Constitution of the Club. Provided further notice of the Club By-Laws or amendments thereto shall be posted on the notice board of the Club for a period of seven (7) days and shall thereupon become operative and binding.
    11. To pay any staff of the Club any gratuity for faithful and diligent service as seems fit.
    12. That it be an instruction from the Annual General Meeting to the Committee to prepare a budget of anticipated income and expenditure.
    13. To appoint Sub-Committees consisting of Members of the Club for all or any purpose that they may deem fit.
    14. To appoint a member to fill any casual vacancy of Officers or Committee Members.
    15. To arrange races, regattas, competitions and social functions and appropriate for the provision of prizes such funds of the Club as it thinks fit.
    16. To raise and expend money for such purposes as the Committee in its discretion considers necessary for the benefit, convenience and accommodation of the members.
    17. To discipline, suspend and expel members in manner consistent with the Constitution and By-Laws.
    18. Subject to a seven days' notice of motion being posted to each Committee member, the Committee may from time to time limit the number of members of the Club generally and specially and may vary or withdraw such limit.
    19. To invest surplus moneys, investments authorised by law for HHBSC.
    20. To appoint an auditor or auditors who shall be a chartered accountant or accountants.
    21. To recommend for Life Membership any member over the age of eighteen (18) years who in the opinion of the Committee has rendered speci!ll services to the Club.
    22. To elect Concessional members as provided in the Constitution.
  5. The Honorary Treasurer shall oversee that proper books of account to be kept and be responsible that balance sheets and statements of the accounts are presented to the Committee as and when required and that the books of account, are duly audited. Also the balance sheet, profit and loss accounts and such other accounts as the Committee deem fit shall be presented at the Annual General Meeting.
  6. The HHBSC Office shall, at least seven (7) days before any General Meeting, post to every member a notice of such meeting stating the time, date and place, where it will be held and the business to be brought before it.
  7. No paid employee of the club will be eligible to hold office on the committee.
4. Election Of Officers, Committee and Others
  1. All the members of the Committee shall be elected at the Annual General Meeting and shall hold office until the next Annual General Meeting at which they will be eligible for re-election.
  2. Casual vacancies in the Committee shall be filled by members appointed by the Committee.
  3. Nominations for Flag Officers, Honorary Treasurer and Committee shall be signed by two (2) members and the Nominee and shall be lodged with the HHBSC office..
  4. The election of Officers (but not including Trustees) and Committee, shall be by ballot and taken in the manner following:
  5. The names of candidates shall be on printed, typewritten or written ballot forms. Each member present at the General meeting shall be given one of such forms, from which they will vote for their preferred candidate. Informal ballot papers shall be invalid. Scrutineers appointed by the Committee shall then collect the forms, and on examination, shall declare the names of the candidates who have been elected.
  6. The election of patrons, not exceeding five (5) in number, shall be at the General Meeting by show of hands and no notice of nomination shall be required
Change of Constitution
This Constitution and any copy thereof may be altered or repealed or a new Constitution may be made at the Annual General Meeting or at a Special General Meeting summoned for the purpose subject to compliance with Sub Clauses 14.1 or 14.3 hereof as the case may be, EXCEPT THAT the Resolution shall be carried by a two-thirds (2/3) majority of those present and entitled to vote.

As soon as is practicable after the making of any proposal for a change to the Constitution or Rules of the Club, the Secretary of the Club shall provide to the Director of Liquor Licensing certified particulars of the change proposed, and that effect is not given to the change without the prior approval of the Director.
General Meetings
1. Annual General Meetings
  1. The Annual General Meeting shall be held at the Clubhouse on such day in the month in each year as fixed by the Committee.
  2. Notice of Motion of any matter (other than ordinary business) and any Nomination of Candidate shall be sent to the HHBSC Office not later than 5 days preceding, and the HHBSC Office shall on or before thirty days preceding send a reminder to this effect to each Voting Member of the Club. See also Sub Clause 12.3 (g).
  3. Accidental omission to send or delay in sending any notice or non-receipt of any notice will not invalidate any meeting, nomination, resolution or election.
  4. The quorum at a General Meeting shall be thirty (30) and in the event of there being no quorum within fifteen ( 15) minutes of the appointed time, the Senior Flag Officer present, 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 such meeting.
  5. Only financial Voting Members shall be entitled to vote at General Meetings, but any accidental breach of this article will not invalidate any election or resolution.
  6. The majority necessary to carry a resolution in Ordinary General Meetings shall be a simple majority of those present and entitled to vote subject to Subclause 11.2.
2. Order of Business for Annual General Meeting
  1. The business of the Annual General Meeting shall be conducted in the following order:
    1. Receive Minutes of previous Annual General Meeting.
    2. Receive Annual Reports and Balance Sheet, made up to the 31st day of October in each year.
    3. Transaction of such business of which notice shall have been given.
    4. General Business.
    5. Election of Patrons, Officers, Committee and Auditors.
  2. At General Meetings the chair shall be taken by the Senior Officer present, or if no Officer be present, by some member chosen by the Meeting. Every question (unless otherwise provided for by the Constitution) shall be decided by a majority of those present and entitled to vote. Every Member shall have one (I) vote, and in the case of equality of votes, the Chairman shall have a second or casting vote.
3. Special General Meetings
  1. Upon authority being given by the Committee, or by a requisition made and signed by at least forty-five (45) members entitled to attend and vote at General Meetings stating the subject or subjects intended to be discussed, the HHBSC Office shall give notice of a special 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.
  2. Such meetings shall be convened by the HHBSC Office for the consideration of such subject or subjects only, not later than twenty-eight (28) days after such authority or requisition (as the case may be); and at least seven (7) days notice in writing of such Meeting and Notice of Motion or the purport thereof shall be given to each Ordinary and Life Member. Accidental omission to notify a member in due time or at all will not render void any such meeting or resolution.
  3. All Notices of Motion received by the HHBSC Office shall forthwith be posted on the Club Notice Board and shall there remain until after the Meeting. The removal of any notice or nomination shall not invalidate such notice or any resolution which may be subsequently carried out; any notice so removed must be replaced with a copy thereof by the Secretary after discovery of removal.
  4. The quorum of any such meeting shall be thirty (30). Should insufficient members attend to form a quorum within fifteen (15) minutes of the time affixed for such meeting, then the meeting shall lapse.
  5. The majority necessary to carry a resolution in a Special General Meeting shall be a simple majority of those present and entitled to vote subject to Sub Clause 11.2.
  6. Only financial Voting Members shall be entitled to attend and vote at Special General Meetings but any accidental breach of this article will not invalidate any election or resolution.
Liquor Licencing Act 1988
So long as the Club is licensed under the Liquor Licensing Act 1988, the Committee and all members shall at all time observe and obey the provisions of the Liquor Licensing Act 198 8 and its amendments and the requirements of the Director of Liquor Licensing in so far as it affects the Club and such provisions shall be deemed to be included in this Constitution and in particular the following provisions shall apply:
1. The Club must at all times be a bona fide association of not less than fifty (50) members.
2. The Club must be established for the purpose of providing accommodation for the members thereof and their guests upon premises of which the Club is the bona fide occupier and not for the purpose of making profits divisible amongst the members, or any of them, nor for the purpose of distributing to members, or any of them, any money, property or otherwise, which are assets of the Club or in support of any object other than the accommodation of the members and their guests.
3. The accommodation must be provided and maintained from the joint funds of the Club, and no person shall be entitled under its rules or articles to derive any benefit or advantage from the Club which is not shared equally by every member thereof.
4. The premises upon which the Club is established must be suitable for the purpose of the Club.
5. No payment or part payment to any Manager or other officer or staff member of the Club shall be made by way of commission or allowance from or upon receipts of the Club for liquor supplied.
6. The HHBSC Office shall keep and maintain on the licensed premises, an up to date register of members in which shall be entered the full names, addresses and date of election of each and every member and the class of membership to which such member belongs together with a Guest Book which shall be continually available for the entry of the names of guest.
7. Correct accounts and books shall be kept, showing the financial affairs of the Club, and the particulars usually shown in books of accounts of a like nature.
8. A guest shall not be supplied with liquor on the Club premises, unless on the invitation and in the company of a member.
9. No liquor shall be sold or supplied for consumption, elsewhere than on the Club premises unless such liquor is removed from the premises of the Club by or on the instructions from the member purchasing the same.
10. No person shall be allowed to become Honorary Members of the Club or be relieved of the payment of the regular subscription excepting those possessing the certain qualifications defined in these rules and subject to such conditions and regulations prescribed herein and to the requirements of the Director of Liquor Licensing.
11. No person under eighteen (18) years of age shall be employed in the Club; but this restriction shall not apply to persons employed in the administrative work of the Club, the kitchen staff, provided that no person under the age of eighteen (18) years shall serve in the Bar. Provided also that no person under the age of eighteen (18) years shall be employed in or about a Bar in the delivery of liquor on the Club premises.
12. A person who is on any day visiting the club:
  1. As a member or an official of, or a person assisting a team that is to contest a pre-arranged sporting event on that day; or
  2. at the invitation of a member, to engage in sport on that day,
    may for the purposes of the Liquor Licensing Act 1988 be taken to be a person who is accorded temporary membership on that day.
13. Except as in the Act otherwise provided for, it shall be unlawful:
  1. For any guest to use the Club premises, except when accompanied by a member.
  2. For a guest to be supplied with liquor for consumption other than in the Club premises.
14. No person shall be admitted to the Club premises during the hours when liquor may not be lawfully sold or disposed of, except as may otherwise by provided for by the Director of Liquor Licensing.
15. Within fourteen days from the making of any amendment or alteration in the Constitution of the Club, a certified copy of every such amendment or alteration shall be forwarded to the said Clerk.
16. 1. Any member of the Club shall be at liberty to invite into the Club, no more than five (5) guests whose names are to be recorded in a Guest Book provided for that purpose.
  2. A guest may not be supplied with Liquor except at the invitation and in the company of a Member.
  3. Members shall be responsible for the conduct of guests whom they introduce.
  4. The Commodore, Approved Manager or their Deputies shall have the right to object to the presence of any guest whom he/she may consider undesirable.
  5. No person who has been a Member of the Club or any other Club, and who has been expelled therefrom or is under suspension from any Club, shall be admitted as a guest.
  6. No non-member resident within fifty (50) kilometres of the Club premises may be admitted to the Club, as a guest more than three (3) times in any one calendar year.
17. Any persons employed by the Club in any capacity that is covered by an Award for that class of employment shall be paid in accordance with the said Award and the Club shall observe and perform all other conditions laid down by the said Award.
18. No liquor shall be sold or supplied to any person under the age of eighteen (18) years, and no member under the age of eighteen (18) years shall be admitted to any portion of the Club premises where liquor is sold , unless accompanied by a parent or guardian.

Constitution

Office Opening Hours

Office Opening Hours

Bar Opening Hours

Bar Opening Hours

Restaurant Opening Hours