NORMAL CLUB OPENING HOURS

Monday: 2pm-11pm   (dart nights)
Tuesday: 2pm-6pm   
Wednesday: 2pm-11pm  (dart nights) 
Thursday: 1pm-8pm   
Friday: 1pm-9pm   
Saturday: 11am-6pm   
Sunday: 12.30pm-7pm

CONSTITUTION:

(as amended August 2010

  1. The name of the Association is the

“NAVY CLUB (INCORPORATED)”

 

MEMBERS

  1. The Club shall consist of not more than 900 Members.

INTERPRETATIONS

  1. In the interpretation of these Rules unless there is something in the  context or subject matter thereto:

 Words importing the singular number only shall include the plural and vice versa.

The words “the Act” shall mean the Liquor Licensing Act 1988 and any amendments thereto.

The words “The Club” shall mean the Navy Club (Incorporated).

The word “Member” means a member of the Club.

The word “Secretary/Treasurer” means the Secretary/Treasurer for the time being of the Club.

OBJECTS

  1. The objects of the Club are:

 (a)  To provide a Social Club for Civilian, Military and ex-Military personnel for their mutual benefit.

(b) The maintenance of the Club-House for the use of members of the Club (including their guests as hereinafter provided for).

 (c)  The obtaining and maintaining of a licence under the Act for the benefit and convenience of members.

 (d) To provide entertainment for visiting Military and Merchant Marine personnel, plus social, cultural and community pursuits (eg., dancing, drama, music appreciation and minor concerts), also indoor sporting events and any other lawful purpose of providing benefits and enjoyment for the members and guests of the Club.

 (e)  The affording of its members all the usual privileges, advantages, conveniences and services of a Club.

 (f)   The purchasing, hiring, or otherwise acquiring for the purpose of the Club, of any real or personal property, and in particular any lands, buildings, furniture, Club and household effects and utensils, books, newspapers, periodicals, musical instruments, fittings, apparatus, appliances, conveniences, and accommodations, and to sell, demise, let, mortgage of dispose of same.

(g)  The erection, maintenance, improvement or alteration of any building for the Club.

 (h)  The borrowing or raising money by the issue of or upon bonds, guarantees, debentures, bills of exchange, promissory notes, or other obligations or securities of the Club, or by mortgage or charge of all or part of the property of the Club.

(i)    The doing of all such other acts and things as are conducive or incidental to the above-mentioned objects.

 Provided always the Club is of a social and non-political character and is to be maintained for the purpose above mentioned and is not for the purpose of making a profit divisible amongst members or any of them, or in support of any object other than the objects above-mentioned or such other objects as may be agreed upon by the members in the manner hereinafter provided for the change of constitution.

 

COST OF MAINTENANCE

  1. The maintenance of the Club house and such facilities as may be provided (insofar as the Club is responsible) shall be from funds of the Club and no person shall be entitled under these Rules to derive any benefit or advantage from the Club which is not shared equally by each member thereof.

 

REGISTER

  1. A register of members of the Club for the time being shall be kept on the Club’s premises as provided in the Act.

AGE LIMIT

  1. No person under 18 years of age shall be admitted as a member of the Club.

 

APPLICATION FOR MEMBERSHIP

  1. Any person who desires to become a member of the Club shall sign, and cause to be delivered to the Secretary, an application on such forms as shall be from time to time prescribed by the committee.
  2. All applications for membership must bear the signature of two financial members of the Club, as proposer and seconder respectively.  The application must be signed by the candidate and shall set out full name of the candidate, their address and occupation and such other particulars as the Committee may from time to time prescribe.

 Persons may be elected to membership of the Club as:

            Life Members

            Full Members

            Associate Members

            Honorary Members

            Temporary Members

 LIFE MEMBERS:

Being the Members considered to have given long and faithful service or extraordinary service to the Club.  Any member wishing to nominate a fellow member must give a written recommendation to the Committee by the 8th Committee meeting of the year.  The Committee shall elect only one nominee, to be announced at the Annual General Meeting and awarded their life badge.  The Committee has the right to accept or veto any nomination.  Life members will pay a nominal fee as determined under Clause 12. They have the right to vote and may fill any office of the Club.

FULL MEMBERS:

These members pay full subscriptions.  They have the right to vote, may fill any office in the Club, and enjoy all the Club’s facilities and amenities.

ASSOCIATE MEMBERS:

An Associate Member means a member who elects to pay a reduced subscription as determined under Clause 12.  These members may not hold office or have a vote at general meetings.

HONORARY MEMBERS:

On application from a member, two committee persons may appoint honorary members (who shall pay no entrance fee or subscription) for a period no longer than one month and issue them with an honorary membership card.

(a)  No person shall be allowed to become an Honorary Member of the Club, or be relieved of the payment of the regular subscription:-

(i)                Whose place of residence is situated within twenty four kilometres of Club premises.

(ii)              Who was afforded the privileges of the Club as an Honorary Member within three months immediately preceding.

(iii)            Who is under the age of 18 years.

 (b) All visiting service personnel (on proof of identity) be eligible for honorary membership of the Club for the duration of their visit to Western Australia.

(c)  Members will be responsible for the conduct of Honorary Members they introduce.

 TEMPORARY MEMBERS:

Persons,   without limit to numbers, who visit the Club at the invitation of the Committee of Management to attend pre-arranged sporting and/or cultural event.  The duration of temporary membership is limited to the day of the sporting and/or cultural event.  A temporary member has none of the rights afforded to other categories of membership other than they shall be admitted to the Club  premises  and permitted usage of the Club’s facilities and amenities.

 

GUESTS

10.(a) A member may from time to time and at the discretion of the Committee of Management, invite up to five (5) guests to enjoy the privileges of the Navy Club.

      (b) A member hosting an approved function, at their expense, may introduce individual guests in the member’s company without limit to numbers.

 

NEW MEMBERS

11       The nomination form, together with a subscription amount (see Fees 13) is to be handed to the Secretary who shall post same on the Club notice board for a period of 28 days.  During the 7 days prior to the committee meeting, a review sub committee will examine the nomination and forward any recommendations to the management committee.  The election of new members shall be by ballot by the committee of the day, and that decision is final.  New members are to be notified by post of the outcome.  Nominees shall be afforded the privileges of the Club while this procedure takes place.

 

FEES

  1. The nomination fee and annual subscription of members of the Club for the ensuing financial year shall be determined at a General Meeting of Members to be held in August of each year on a date to be decided upon by the Management Committee.

 

  1. The nomination fee, and  first  subscription shall be paid when the nomination is lodged with the Secretary and all future subscriptions shall be paid by the first day of July in each year and every year.

 

PAYMENT OF SUBSCRIPTIONS

  1. All subscriptions shall be paid by the due date as aforementioned and should a member’s subscription or other money owing to the Club by a member remain unpaid for a longer period than one month, the Committee may deprive that member of all the privileges of the Club until the member’s liability is discharged and the Club shall notify such member accordingly in writing once the Member in question is deprived of the privileges of the Club.  Should such liability not be discharged within the period of one month from the sending of the notice to such member of such deprivation of the privileges of the Club, the Member in question shall automatically cease to be a Member of the Club.

 

 

 

RETIREMENT

  1. A Member may retire from membership at any time by giving the Secretary notice thereof in writing   and by paying all debts and dues outstanding.

 

  1. Any member

            (a) who shall fail in the observance of any rules or regulations of the Club

            Or

            (b) who, in the opinion of the Committee shall be guilty either in or out of the Club of conduct derogatory to the character of that Member, or prejudicial to the interest of the Club, or calculated in a manner to impair or affect the enjoyment of the Club by Members thereof shall be liable to be suspended (fined  up to $100.00) or expelled from the Club in the absolute discretion of the Committee and notice of such suspension, fine or expulsion shall forthwith be sent to the Member.

           

            Provided, however, before any Member is suspended, fined or expelled, they shall be invited to appear before the Committee at a date and place to be named to show cause why they should not be suspended, fined or expelled.  Any fine may be recovered in a Court of Law as money due and owing by the Member of the Club.

 

APPEAL

  1. Any Member o f the Club who may feel aggrieved by any action from the Committee, may appeal to a Special General Meeting.  The Member shall give notice within one calendar month from the date the posting of notice to him of any such action of the Committee to the secretary who shall place the appeal stating the nature thereof, on the business sheet for the next Committee Meeting.  Should any Member require a Special General Meeting  called for the purpose, the Member must get the necessary number of signatures to a requisition and lodge the sum of $100.00 with the Secretary to cover the cost of calling such meeting which shall be forfeited if such Special General Meeting uphold the decision of the Committee, otherwise same shall be returned to the Member.  The decision of the Committee shall have full effect pending the hearing of any appeal.

 

NATIONALITY

  1. Any Member who is not an Australian subject shall immediately cease to be a Member on declaration of war between Australia and the country of which they are a citizen.

 

LIABILITY

  1. Any person ceasing for any cause to be a Member of the Club shall nevertheless remain liable for the payment of all subscriptions and other money due and payable by such Member to the Club.

 

REVOCATION

  1. Two Committee Persons shall have the power, in cases appearing them to require it, to revoke the membership of any Honorary Member without notice.

 

NOT TO HOLD OFFICE

  1. Honorary Members shall not hold any office in the Club, nor vote at any meeting of the Members of the Club, nor be present at any such meetings, nor propose or second any candidate for admission as a Member or Honorary Member, or without the permission of the Secretary bring any guest into the Club premises.  Members who propose Honorary Members shall be responsible for their good conduct and the payment of any debt incurred with the Club.

 

ANNUAL GENERAL MEETING

  1. Annual General Meetings shall be held at the Club House once in every year during the month of August.  If that time is not , in the opinion of the Committee convenient, at such time as the Committee may from time to time appoint.  Other than the above mentioned Annual General Meeting, all other meetings shall be called “Special General Meetings”.  This does not apply to Committee Meetings.

 

CONVENING OF SPECIAL GENERAL MEETINGS

  1. (a) The Committee whenever they shall think fit, may convene a Special General Meeting.

 

            (b) The Committee shall upon a written requisition by not less than 1/5 in number of members of the Club, shall convene a Special General Meeting.

 

NOTICE OF INTENTION

  1. Every requisition made by the Member shall express the object of the meeting proposed to be called and shall be left at the Registered Office of the Club with the Secretary.

 

  1. Upon receipt of such requisition, the Committee shall forthwith proceed to convene a Special General Meeting.  If they do not proceed to convene the same within fourteen days from the date the requisition was left as aforesaid, the requisitionists or any Members amounting to the required number, may themselves convene a Special General Meeting.

 

NOTICE

  1. Seven days notice, at least, specifying the place, the day and the hour of meeting, and in case of special business, the general nature of such business shall be given to the Members by posting or delivering the same to the address of each Member, or by delivering the same to the Member personally, but the non-receipt of any such postal notice by any Member to whom it is addressed shall not invalidate the proceedings at any meetings.

 

 

QUORUM

  1. No business shall be transacted at any Annual General Meeting unless a quorum of Members is present at the time of the meeting proceeds to business and such quorum shall consist of at least fifteen full members, who at the time of the meeting , are on the Register of Members, and who have paid their subscriptions due to date.

 

ADJOURNED IF NO QUORUM

  1. If within one hour of the time appointed for the meeting a quorum is not present, the meeting if convened upon requisition of Members shall be dissolved.  In any other case, it shall stand adjourned for the same day of the next week, at the same time and place when a quorum shall be ten and the preceding rule regulating the number of quorum shall not apply to any such adjourned meeting.  Should there not be a quorum on the adjournment within one hour, the meeting shall then be adjourned “sine die”.

 

CHAIRMAN

  1. The President of the Club, or if he is not present, the Vice-President, shall preside at every Annual General Meeting of the Club, and if neither the President nor Vice-President be present within 15 minutes after the time for holding the meeting, the Full Members present shall choose one of their number to be Chairman.

 

POWER OF A CHAIRMAN

  1. At every Annual General Meeting unless a poll is demanded by at least five Full Members, a declaration by the Chairman that a resolution has been carried and an entry to that effect in the Minute Book of the proceedings of the Club, shall be sufficient evidence of the fact, without proof of the number of the proportion of the votes recorded in favour of, or against such resolution.

 

POLL

  1. If a poll is demanded by five or more Full Members, it shall be taken as the Chairman directs.  The result of the Poll shall be deemed to be the resolution of the Club in an Annual General Meeting.  In the case of an equality of votes at any Annual General Meeting , the Chairman shall be entitled to a second or casting vote.

 

MINUTES

  1. Minutes of the proceedings at every Annual General Meeting shall be entered and kept in a Minute Book, and the Minutes so entered shall be signed in the said book by the Chairman of the meeting or in case of his refusing to sign the same , or neglecting to do so for fourteen days after the meeting , then such minutes may be signed by any two Full Members entitled to vote and be present and who were actually present at the meeting, and the said book, when so signed, shall after confirmation at the next Annual General Meeting, be conclusive evidence that the proceedings minuted therein and purporting to be signed as aforesaid, were regular and actually took place and Minuted and at a meeting duly convened and held, and shall be binding upon all the Club, except as to any irregular proceedings, which may be annulled at a Special General Meeting called for the purpose and held within three months from the holding of such Annual General Meeting.

 

ORDER OF BUSINESS

  1. The following shall be the order of business at the Annual General Meeting:

 

(a)  Reading and confirmation of the Minutes of last Annual General Meeting and any such Special General Meeting held since the preceding Annual General Meeting.

(b) Receiving and discussing the annual accounts and reports of the Committee.

(c)  The election of officers and the determination of any matter appearing on the notice convening the Meeting.

(d)  General Business.

 

VOTING

34.      Every Full and Life Member shall be entitled to one vote, but no  Member shall be entitled to vote at any Annual General Meeting who is in arrears with their annual subscriptions.

PROXY

35.      Votes shall be given personally or by post and not by proxy or by attorney and only official initialled ballot papers will be accepted.

 

MANAGEMENT

36.      The business and affairs of the Club shall be under the management of a Committee elected for not less than twelve months by ballot at the Annual General Meeting by the general body of Members.

37.      Any sub-committee of the Management Committee of the Club shall be required to report and be responsible  to the Management Committee.

38.      The Committee shall consist of President, Vice-President, Secretary/Treasurer and six Full or Life Committee Members.           

            *Note: A prerequisite for the position of Secretary/Treasurer is a current Police Clearance, to be given to the returning officer prior to the nomination closing date with costs being at the discretion of the Committee of the Day.

39.      The President, Vice-President, Secretary/Treasurer and members of the Management Committee shall from time to time and at all times be saved harmless and kept indemnified from and against all costs, charges, losses, damages or expense which they or any of them sustain, incur or be put to in or about the executive and discharge of their respective trusts and offices or in or about any action, suit or proceedings at law or in equity in which they or any of them shall or may plaintiffs or defendants provided always the amount of such costs, charges, damages or expenses for which indemnity is intended to be hereby provided shall immediately it has been sustained or incurred be paid from funds of the Club and that none of the other officers of the Club shall be answerable or accountable for the others or any of them or any other person or persons whomsoever but for his or her own acts, deeds and defaults alone.

 

MEETING AND QUORUM OF COMMITTEE

40.      The Committee, of whom any five shall form a quorum, shall hold periodical meetings.  Such meetings shall be held at least once a month, and Minutes of all resolutions and proceedings of the Committee shall be entered in a book provided for the purpose.

 

ELECTION OF COMMITTEE

41.      The President, Vice-President, Secretary/Treasurer and six Committee shall once a year, at the Annual General Meeting, be elected by vote of the general body of Full Members.  The election shall be conducted by ballot and the following rules observed:

(a)       Nominations for officers and Committee shall be in writing, and every candidate shall be proposed by one Full or Life Member and seconded by another.

            The nomination paper, together with a short resume and passport photo of the committee candidate, shall be handed to the Secretary/Treasurer, who shall post the same on the Club notice board (which shall be in a conspicuous place) for 28 days prior to the Annual General Meeting.

            The Secretary/Treasurer shall place on the notice board 14 days prior to the 28 days, a notice stating that nominations for committee are being called for and the appropriate form is available from the duty staff or committee person.  Any Full or Life Member may nominate for more than one office or for an office and for the Committee.

(b)       Any Full or Life Member nominating for the position of President or Vice-President must have served a minimum of twelve months on the Management Committee before being eligible to hold that office.

(c)       Notification of such nomination shall be posted by the Secretary/Treasurer, on the Notice Board in the Club premises immediately after receipt thereof, and shall remain posted until and inclusive of the day of such Annual General Meeting.  Failure to post, and keep posted, any such notification shall not invalidate the nomination.

(d)       The election of the Officers and Committee shall be by ballot at each Annual General Meeting.  The election shall be conducted in as simple a manner as possible and each Full or Life Member shall be posted a ballot paper on which the names of all candidates appear, current Committee being identified by an asterick.  The method of voting shall be by each Member excising from the ballot paper by drawing a line through the name of each candidate for whom he/she does not wish to vote, but so that the number of candidates he/she votes for shall be equal to the number of vacancies.  No ballot paper which does not comply with the above conditions shall be allowed to count for the reckoning of the ballot but shall null and void.  At each Annual General Meeting at which an election is conducted, the Members shall appoint two scrutineers.

(e)       In case of an equality of votes for any candidate or candidates, the returning officer shall determine by lot the candidate to be elected.

(f)        The results of each election shall be given to Members of each Annual General Meeting as soon as possible after the taking of the votes and the Meeting if necessary, may be adjourned for a short period to enable the counting of the votes.

(g)       Provided, should any Committee Member die, retire or otherwise cease to hold office before the expiration of their term, then their place (for the unexpired portion of their term of office) shall be filled by the Committee at the Committee Meeting next taking place after the death, retirement or cessation of office of aforesaid.

(h)       In the event of insufficient nominations to fill the Committee, the Committee of Management is empowered to appoint or to co-opt an eligible member to fill such vacancies.

 

NOTICE OF RESULT OF ELECTION

42.      The result of each election shall be posted on the Club noticeboard for at least fourteen days after the election.          

 

FAILURE TO ATTEND COMMITTEE MEETINGS

43.      If any Officer or Committee member shall fail to attend three consecutive meetings of the Committee, their seat may be declared vacant, and upon the happening of such event shall be notified accordingly.

 

POWER OF COMMITTEE

44.      The Committee shall manage the affairs of the Club in accordance with the Rules of the Club generally, and shall have the power to do the following special acts:

(a)       To purchase, take or lease any building or part thereof for the purpose of the Club and to sublet any building or part thereof so taken or leased.

(b)       To sell, exchange or otherwise dispose of any building of the Club or part thereof upon such terms and conditions as directed by a Special General Meeting or at the Annual General Meeting.

(c)       To borrow money for all or any purposes of the Club on mortgage, debenture, guarantee or otherwise.

(d)       To open and operate accounts at any Bank.

(e)       To appoint paid servants of the Club and to remove them at their discretion.

(f)        To remit part of the subscription of any Member for such time as the Committee may think fit at any time of illness or hardship.  Such  remission to be limited to the minimum as prescribed by the Act.

(g)       Subject to the provision of the Act, to make and repeal bylaws for the better carrying out of these Rules under the objects of the Club.  Provided that any by-laws so made by the Committee shall first be attached forthwith to the Club’ noticeboard for a period of seven days, and after expiration of such period, said by-law shall become effective and operative.

 

 

THE CLUB SECRETARY/TREASURER

                45.  (a)       The Secretary/Treasurer shall carry out all the duties pertaining to that office, and all other duties imposed upon him/her by the Committee.

(b)       The Secretary/Treasurer shall cause true and proper books of account to be kept and be responsible that balance sheets and statements of account be presented to the Committee as and when required and that these books of account are duly audited by a Certified Practicing Accountant for presentation as an Annual Report at the Annual General Meeting.

 

BAR MANAGEMENT

46.      The general management of the bars, appointment and dismissal of staff, shall be done by the Committee with any orders or recommendations to be carried out by the secretary of the day.

 

THE COMMON SEAL

47.(a)            The Club shall have a common seal on which its corporate name shall appear in legible characters.

      (b)           The common seal of the Club shall not be used without the express authority of the Committee and every use of the common seal shall be recorded in the minute book referred to in Rule 32.

      (c)            The affixing of the common seal of the Club shall be witnessed by any two of the President, Vice President, the Secretary/Treasurer.

      (d)           The common seal of the Club shall be kept in the custody of the Secretary or such other person as the Committee from time to time decides.

 

STRATA

              48.     The Committee shall appoint two Committee members as

councillors, to represent the Navy Club Incorporated on the Council of owners.  The Annual General Meeting of the owners of 64 High Street, Fremantle is to be held annually on a date to be decided by the Strata Manager, and the appointment of above mentioned councillors to be affected on the first Committee Meeting following the Annual General Meeting of Navy Club Incorporated.  Elected councillors will report any relevant business conducted to the Navy Club Management Committee.

 

AUDITOR

49.      An Auditor who shall be a duly qualified Certified Practicing Accountant shall be appointed by the new incoming management committee elected at the Annual General Meeting.

            The appointed accountant will also present, a half yearly report (with financial recommendations) to the Committee.  This person shall be paid as the Committee directs.

 

DAMAGED CLUB PROPERTY

50.      Any Member who shall destroy, damage or lose any property belonging to the Club, shall pay the full cost of replacing the same.

 

 

TABLING OF NOTICE

51.      No paper of notice, written or printed, shall be laid on the tables or put upon the Club Notice Board or anywhere on the Club premises, without the sanction of the Committee being obtained.

 

DISSOLUTION

52.      On application made in writing to the Committee by twenty Full or Life Members signifying their desire that the Club be dissolved, a General Meeting shall be called to consider the question.  At such a meeting votes by post will be received and the votes of at least seventy five percent of all Full or Life Members will be necessary to carry the proposition for dissolution.  In the event of a resolution being carried  the assets of the Club shall be distributed to another incorporated association having objects similar to those of the Club, or for charitable purposes.

 

NOTICES

53.      Every Member shall provide the Secretary/Treasurer with their address and all notices required by these Rules to be sent or given to Members shall be deemed to have been sent or given if sent to such address.

 

ALTERATION OF RULES

54.      Rules may be altered or repealed or new Rules may be made with the consent of seventy five percent of Full and Life Members at the Annual General Meeting by Special Resolution or at a Special General Meeting summoned for the purpose.  Within fourteen days after the making of any amendment or alteration to the Constitution and Rules of the Club, the Committee shall send to the Director of Licensing a copy witnessed by any two of the President, Vice President, Secretary/Treasurer, of the amendments or alteration.  No effect shall be given to any amendments without the prior approval of the Director.

 

LIQUOR ACT TO BE OBSERVED

55.      The Committee and all Members shall at all times observe and obey the provisions of the Act, insofar as it affects the Club and such provisions shall be deemed to be included in these Rules and in particular the following provisions shall apply:

(a)       The Club shall at all times be a bona fide Association of not less than one hundred (100) Members.

(b)       The Club must be established for the purpose of providing services for the members thereof and their guests upon premises of which the  Club are bona fide occupiers, and not for the purpose of making profits divisible amongst the Members or any of them, or in support of any object other than the services of the Members  or the Members and their guests.

(c)       The services must be provided and maintained from the joint funds of the Club and no person shall be entitled under its Rules and Articles to derive any benefit or advantage from the Club which is not shared equally by every Member thereof.

(d)       The Premises upon which the Club is established must be suitable for the purpose of the Club.

(e)       No payment or part payment of any Secretary/Treasurer Manager, or other Officer or servant of the Club shall be made by way of commission or allowance from or upon the receipt by the Club for liquor supplied.

(f)        A register of Members of the Club for the time being shall be kept on the premises as hereinafter required.

(g)       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.

(h)       A guest shall not be supplied with liquor in the Club premises unless on the invitation and in the company of a Member.

(i)        No liquor shall be sold or supplied for consumption elsewhere than on the Club premises unless such liquor is removed from the Club premises by, or on the instructions from the Member purchasing the liquor.

(j)        No person shall be allowed to become an Honorary Member 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 hereunder.

(k)       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.  Provided that no person under the age of eighteen shall serve in the bar.  Provided  also that no person under the age of eighteen shall be employed in or about the bar in the delivery of liquor on the Club premises.

(l)        No steward, cook, or other employee of the Club shall be employed for a longer period than persons employed in a public house, hotel, restaurant or coffee palace may for the time being, be lawfully employed.