ASSOCIATION OF WESTERN AUSTRALIA CONSTITUTION
Since February 2 1998
1.1 This association shall be known and referred to as the "Skate Sailing Association of Western Australia", herein referred to as the "Association".
2.1 A Skate is any boat built in accordance with the official specifications issued by the Association and for which Registration has been issued by the Australian Association.
2.2 Plans shall embrace all drawings, specifications, sail plans and measuring forms issued by the Association.
2.3 A State Association is any state association that is recognised by the Association and is constituted in an acceptable manner to the Association.
2.4 A Delegate shall be any person authorised by a State Association to work on its behalf.
2.5 Rules, Regulations and by-law's are those promulgation's of the Association intended to implement the objects of the Association.
2.6 "He" shall be interpreted as " she" when required.
2.7 This Constitution shall mean all matters contained in the clauses numbered 1 to 23 inclusive.
3.1 Membership shall be divided into the following categories.
3.1.1 Life Member shall be any person elected by a two-thirds majority at an Annual General meeting for conspicuous service to the Association. He shall have the same rights as a Member of the Association for the term of his natural Life.
3.1.2 Member shall be any person who is fully financial with the Association and is also a fully financial member of a State Association.
3.1.3 Elected Member shall be any person elected by the Annual General Meeting for a period of twelve months for the purpose of carrying out specific duties as may be considered necessary by that of the Annual General Meeting. e.g., Committee Members and other officers of the Association. He shall have the same rights as a member of the Association for the period he is elected.
4. OBJECTS OF THE ASSOCIATION
4.1 To promote, control and encourage class racing amongst Skate Class yachts in the Commonwealth of Australia in accordance with the Rules and Regulations of the Association and the Australian Yachting Federation.
4.2 To purchase, publish, sell or otherwise procure and distribute Plans of the Skate Class Yacht.
4.3 To interpret and give rulings on the Rules, Regulations (and by-law's of the Association when requested to do so by any person.
4.4 To affiliate with any other organisations whose objects are similar or in part similar to the objects of the Association or to organisations which may be beneficial to the Association.
4.5 To arrange for the organisation of an Annual State Championship.
4.6 To promote social activities for the members.
4.7 To perform any act or deed to further these objects or do anything in the interest of the Skate Class and its members.
5.1 The management of the affairs of the Association shall be vested in the management Committee, hereafter referred to as the Committee, consisting of the President, Vice-Presidents, the Secretary, Treasurer, Sailing Secretary, Publicity Officers and three official Boat Measurers.
5.2 Each member of the committee shall be elected by the members of the Association at the Annual General Meeting by popular vote. The nomination must be put forward and seconded before the candidate may stand for the election.
5.3 Each member on the Committee must remain a member on the Committee until the next Annual General Meeting, or if beforehand, a motion of no confidence in him is passed at a General Meeting. At either of these times he shall resign from the Committee but he may offer himself for re-election.
5.4 A member may not hold more than one position on the Committee at any given time other than Publicity officer.
5.5 All members on the Committee are to act in a honorary capacity.
6.1 The President shall be the official representative of the Association at all functions at which he is present. If he is unable to attend he may appoint any member of the Committee to act on his behalf.
6.2 The President shall be chairman at all meetings of the Committee and Association at which he is present.
6.3 In matters of urgent importance, when a meeting is not practicable, he may assume the duties of the Association.
7. SECRETARY / REGISTRAR /
7.1 The Secretary shall see that an amended and up-to-date copy of the Constitution, Rules, Regulations and by-law's are available at all meetings of the Committee and the Association and copies are available to all members of the association.
7.2 Receive and promptly reply to all correspondence according to the policy, resolutions and instructions of the Committee or the Association.
7.3 Produce all inward correspondence and a record of outgoing correspondence at the meetings of the Committee or the Association.
7.4 Keep accurate minutes of all meetings, which shall be read and if found to be correct, be accepted as a true record of the meeting at the next meeting of the Committee or the Association.
7.5 Prepare an agenda setting out the business of each meeting.
7.6 Notify members of the Committee and the Association of dates, times end Locations of their respective meetings.
7.7 Maintain up-to-date all skates registered with the Association and all members of the Association.
7.8 Maintain an accurate and up-to-date copy of all measuring forms issued by the Association.
7.9 Keep a copy of all completed measurement forms that he receives for boat registration
7.10 Approve applications for registration numbers and registration of Skates.
7.1.1 Liaise when required with the Australian Skate Secretary and Registrar.
7.1.2 Bring to the notice of the committee any points under his Jurisdiction that he thinks fit.
7.1.3 Produce and hand over to the President all books, records and property of the Association when called upon by the resolution of the Committee to do so.
8.1 Receive all Monies paid to the Association and deposit them in the bank accounts of the Association.
8.2 Issue invoices on behalf of the Association.
8.3 Ensure that all debts of the Association are paid from Association funds.
8.4 Keep proper books of accounts shouting details of income and expenditure since the previous meeting.
8.5 Prepare a Statement of Income and Expenditure and a Balance Sheet shoving the Financial position of the Association at the end of each financial year (thirtieth of June) for auditing and presentation at the Annual General meeting.
8.6 Produce and hand over to the President all books, records and property of the Association when called upon by resolution of the Committee to do so.
9. POWERS OF THE COMMITTEE
9.1 The Committee shall have the powers to :-
9.1.2 Expend or apply Monies to the promotion of the objects of the Association.
9.2 Receive Monies on behalf of the Association.
9.3 Impose and collect subscriptions, fees, Levies, fines or other charges in accordance with this Constitution.
9.4 Co-opt the services of any individual or body in the interests of the Association.
9.5 Appoint from amongst themselves, anyone to perform specific tasks implementing this Constitution.
9.6 Employ the services of any person or organisation and fix the remuneration to be paid for such services, in the interests of the Association.
9.7 Appoint Sub-Committee to enquire into any matter and give such Sub-Committee power to act.
9.8 Distribute Travelling allowance as it sees fit to any boat that is travelling to compete in a National title. The members must show to the association that they have deserved the allowance (i.e, commitment to the association in the form of participation in the running of association affairs) The amount of financial or other assistance will be decided at the A.G. M and voted on by the members.
10.1 The financial year shall end on the thirtieth of June each year. The Annual General Meeting shall be held at the first Thursday of July, at a place to be nominated by the Association at least one month earlier., the President's, Secretary, Treasurer's and Association Reports shall be presented. The following officers of the Association shall also be elected at this meeting; President, Vice Presidents, Secretary, Sailing Secretary, Treasurer, Measuring Officers, Publicity Officer for the ensuing year.
10.2 Other Meetings shall be held monthly the first Thursday and Special Meetings shall be convened by the Secretary upon the request of the Committee or a fifty percent or more majority of Delegates, setting out the purpose for which the meeting is required.
10.3 Committee Meetings shall be convened by the Secretary and or the President when he or they feel it is required.
10.4 Non-member guest may be invited by the President to the meeting, and may speak only by invitation.
11.1 At all meetings, the Chairman shall, if there is an equality of votes, be entitled to a casting vote, irrespective of whether he has previously cast a vote on the motion.
11.2 At all Committee Meetings each member of the Committee shall be entitled to one vote on any decision.
11.3 At all General Meetings each member of the Association shall be entitled to one vote on any decision.
11.4 In all matters, except amendments to the Constitution or the Plans or the expulsion of a member, gaining of more than fifty percent of the votes at any meeting shall pass any proper motion.
11.5 For amendments to the Constitution or the Plans or for the expulsion of a member, the resolution must be carried by at Least a two-thirds affirmative majority.
11.6 Postal votes shall not be accepted with the exception for voting in 11.5 above. Postal votes in this case shall be accepted by the Secretary before the start of the meeting. The postal vote must be signed by the member and must state specifically the manner in which he wishes to vote.
12. BANK ACCOUNTS
12.1 The Treasurer shall maintain a bank accounts in the name of the Association at the bank chosen by the members, which may be operated on by the members of the Committee, with any two to sign one of whom must be the Secretary or Treasurer, or as directed by the Chairman.
13. ASSOCIATION PROPERTY
13.1 No Property of the Association shall be transferred, mortgaged or otherwise dealt with except pursuance to a resolution of the Committee.
14. REGISTRATION OF BOATS
14.1 A Registration Fee shall fall due on the first day of December each year and shall be payable to the Association each year. Any Skate that is not registered by this date shall be deregistered.
14.2 All registrations and sail numbers shall be issued to Skate owners through the Secretary.
14.3 Registration may be refused if in the opinion of the Secretary, the name applied for resembles any name carried by any other registered Skate, or the name applied for is offensive.
14.4 The Registered Name and Registered Number of the Skate shall be permanently on the transom (if not on the transom then on both sides near the transom) in characters at least 50mm high in a colour which contrasts with that of the transom.
14.5 An owner disposing of a registered Skate may retain the right to that name for a period of two years for use on another boat, before the name becomes available to any other owners.
14.6 It is the responsibility of the owner to ensure that his Skate is registered.
15. FEES, FINES, LEVIES &
15.1 All Fees, Fines, Levies and other charges shall be determined at the Annual General Meeting and shall remain unaltered until the next Annual General Meeting. (Membership Non-Skate Owners) = 50%
15.2 ALL Fees shall fall due on the first day of December, each year.
16. AMENDMENTS TO THE CONSTITUTION
16.1 Amendments to this Constitution shall be presented to the Secretary in writing who shall notify all members of the proposed change within thirty days. The decision on the proposed change shall be made at the next Meeting.
16.2 All changes in this Constitution shall become effective immediately.
16.3 Once the Constitution has been changed the Secretary shall notify all members of the change.
17. LIABILITY OF THE ASSOCIATION
17.1 The Association shall not accept Liability for any action of its members or affiliated organisations except if such action is in pursuance of a resolution of the Committee or the Association.
18. NOTIFICATION TO MEMBERS
18.1 Notification to members shall be deemed to have been given if it is posted to the Last known address of each member.
19. AMENDMENTS TO RULES, REGULATIONS
AND BY - LAWS
19.1 Amendments to the Rules, Regulations and by-law's of the Association shall be dealt with at the Annual General Meeting or if the Committee agrees to the proposed change they shall be so passed in accordance with 16.1.
20. EXPULSION OF MEMBERS
20.1 Any member, who in the opinion of the Committee, wilfully Infringes the Rules of the Association or is guilty of conduct prejudicial to the Association, may be called upon to explain such action and if no explanation or unsatisfactory explanation is given, the Committee may suspend the membership or that member for any period they see fit. A three-quarters majority of the Committee shall be required to pass such a motion.
20.2 Any member may appeal against this motion of the Committee to the Annual General Meeting where a two-thirds majority shall be required to uphold such a motion of the Committee.
20.3 Any notice thereunder shall be deemed to have been given if sent by registered mail to the last known address of the member concerned.
21.1 Dissolution proceedings shall be instigated when the membership of the Association falls below 10 members for a period of six months.
21.2 In the event of dissolution of the Association any funds remaining after payment of all Liabilities shall be distributed amongst registered charities as nominated by the remaining members.
21.3 The Committee shall, at their absolute discretion, distribute all residual property of the Association as they think fit within a period of six months of final dissolution.
ASSOCIATION OF WESTERN AUSTRALIA , SPECIAL RULES
In the interpretation of these rules, it shall be understood that the word " SHALL" is mandatory, the words "CAN" and "MAY" are permissive, and the word "SHOULD" shall be taken as a strong recommendation but not mandatory.
PART 1 - GOVERNING RULE OF
1.1 If any member of the Association finds any section and/or subsection of these Special Rules contained in Puts 3 and 4 inclusive is not complied with he may report this to a General Meeting of the Association and it shall be the decision of the members present as to whether to cancel the series or not. This is irrespective of whether the series has started or finished.
1.2. If a series is cancelled under 1.1, the previous State and or Australian Champion before that series shall remain the Champion until the next series is held.
PART 2 -ASSOCIATION RESPONSIBILITY
RE : STATE CHAMPIONSHIP / ANNUAL GENERAL MEETING
2.1. The Association shall, at the meeting held in February discuss the venue and amount of races to be conducted in the following season State Championships and annual Teams race or Races. Before these decisions are voted on the clubs should be canvassed and made aware of the State Associations sailing instruction and rules.
2.2 The State Annual General Meeting shall be held on the first Thursday of July.
2.2.1 Election of office bearers.
2.2.2 Discussion and voting on travelling allowance:
(a) Maximum $600 paid to individual boats travelling to compete in National titles in New South Wales.
(b) Maximum $300 Paid to individual boats travelling to compete in National titles in South Australia.
(c) All boats competing in national titles should receive equal amount of travelling allowance.
(d) Members should be seen to participate in organisational affairs of the association i.e.. Meetings, Social functions, Management, Fund raising,
(e) It is the responsibility of the first three finishing boats in the selection series to produce their receipts for travelling to the national titles after arriving home to the secretary no latter than the first meeting in February or earlier if required by the secretary to gain assistance From Y.A. for travelling.
(f) A penalty of 50% of Monies paid shall be paid back to the Association if the representative fails to comply with these instructions / conditions or other instructions / or regarding conditions discussed at the meeting held in November prior to the national titles.
2.2.3 Any alterations to State sailing instructions.
(a) Point Scoring systems.
(b) Future Sailing venues.
(c) Goals for find raising.
2.2.4 Entry fee for State championships.
2.2.5 Sail Measuring of new sails and or boats.
PART 3 -STATE ASSOCIATION RESPONSIBILITY
RE: STATE CHAMPIONSHIP
3.1. It is the responsibility of the Sailing secretary to ensure the clubs hosting championship heats are aware of all state rules and conditions.
3.2. It shall be the responsibility of the Sailing Secretary to ensure that all Registered boats of this state are informed of the venue and dates on which the series shall be conducted. This shall be done before September 1st prior to the series.
3.3. The Notice Of Race and sailing Instructions shall comply with Racing Rules of Sailing Appendix M & N., amended where necessary. It shall also contain provision for the following additional information.
3.3.1. The date of birth of the Skipper.
3.3.2 The name and address of the crew.
3.3.3. A section for the Secretary of the boats home club to sign stating that the Skipper is fully financial with the club and is registered with the State YA at that club.
3.3.4. A section for the Secretary of the State Skate Association to sign stating that the Skipper or crew is a fully financial with the Association.
3.5. The closing date for entries should be no later than 2 hours prior to the commencement of the first heat. The entry fee should be paid to the Sailing Secretary and in his absence the Treasurer or President / Vice President.
PART 4 - HOST CLUB RESPONSIBILITY
RE : STATE CHAMPIONSHIP
4.1. The host club shall be responsible for the overall conduct of the series or races.
4.2. The host club shall organise the following personnel for the conduct of the series.
4.2.1. Officer of the day - He should be the Chairman of the Race Committee. He shall be responsible for the overall running of the series or heat/s. He shall be a non-competitor.
4.2.2. Race Secretary - He should be the Chairman of the Protest Committee. He shall be responsible for the allocation of positions and points in each race. It shall also be his responsibility to ensure that all the rules under which the series is conducted are compiled with. He should have a thorough knowledge of the rules under which the series is being conducted. He should be a non-competitor.
188.8.131.52. Skate Sailing Secretary shall be responsible to collect each race results from the race secretary as well as to ensure that the Result notice board is accurate and kept up to date prior to the beginning of the next heat.
4.2.3. Starter - It shall be his responsibility to ensure that the start of every race is conducted fairly. He may also be the Finisher. He should be familiar with the rules under which the series is conducted, particularly with regard to the rules relating to starts (and finishes if he is the Finisher). He shall be a non-competitor.
4.2.4. Finisher - He shall be responsible for the finish of every race and also that the correct times are recorded. It shall be his responsibility to position the finish Line. He should be familiar with the rules under which the series is conducted, particularly with regard to the rules relating to finishes . He shall be a non-competitor.
4.2.5. Measurement Committee - This shall consist of the President, Vice President, and a Head measurer of the Skate Sailing Association of Western Australia and two other persons who maybe other officials. They shall have the power to Co-opt other persons into the committee. They shall be responsible to ensure that all boats entered in the series comply with the measurement and registration regulations of the Skate Sailing Association of Western Australia The Head Measurer of this Association may nominate a representative to take his place on the Committee.
PART 5 - GENERAL RULES RE :
5.1. The series should be scheduled to consist of seven heats using the "Low Point Scoring System" as Laid down in Racing Rules of Sailing Appendix A. The series shall be conducted under the Racing rules of Sailing., and the host club. The number of races may vary depending on the availability of selected clubs to hold short race series. The number of races should be decided on by the meeting in May prior to holding the series.
5.2. The first race of the series shall start after all Skate sailing yacht clubs have opened for the new sailing season and the last heat or heats held late before the end of the sailing season the following year.
5.3. There shall be no more than one race per day unless a previous race has been postponed or cancelled other than as in rule 5.1.
5.4. ALL communication to the Race Committee of the series shall be in writing and shall be addressed to the Officer of the Day or Skate Sailing Secretary.
5.5. The sails of all competitor's shall be measured by the Measurement Committee. These sails, once measured shall be stamped with the State Skate Association stamp that shall include the current sailing season date, using a waterproof ink. These sails once measured do not require to be measured again unless they are altered in any way. The Measurement Committee's decision shall be final.
5.6. No person shall measure the sails from the boat on which he sails.
5.7. ALL sail measuring should be done out of the competitor's view.
5.8. ALL hulls of boats competing in the series shall be correctly measured and weighed or carry a current registration card to the satisfaction of the chief measurer prior to start of their first race.
5.9. Any boat under hull weight shall have lead correctors equally distributed on the ends of the hull within 1 metre of the ends and firmly secured, Lead or similar materials shall not be placed anywhere in the boat other than as in rule 5.9.
5.10. No boat shall race with sails on board that have not been stamped by the Measurement Committee. If it does so it shall be disqualified without protest. It is the responsibility of the skipper of each boat to ensure that he is sailing with, approved sails on board.
5.11. No boat shall race if its hull has not been approved by the measurement Committee. If it does so it shall be disqualified without protest.
5.12. (a) The first six boats in each race may be required to be beached in the marshalling area provided, where they shall be inspected by the Marshalling Officers to ensure that all sails on board have been stamped, That the hull has been accepted and that all the safety requirements according to the rules under which the series is conducted have been complied with. If any boat is found to be non-acceptable it shall be reported to the Race Committee who may disqualify that boat without protest.
5.12. (b) At the end of the series, the first five boats plus Junior Champion boat may be fully measured. If they do not comply with their current measurement certificate, they may be disqualified from the series without protest.
5.13. If it is required, all Skippers shall sign on before the start of each race, stating the name of the Skipper and the name of the Crew. If this is not done, the offending boat shall be classed as a non- starter in that race. The signing-on sheet shall be made available at Least one (I) hour before the start of each race.
5.14. If it is required, all Skippers shall sign off after they have finished or retired from a race, stating whether his boat is to be classed as a finisher or a non-finisher- It this is not done, the offending boat may be disqualified without protest. The signing-Off sheet shall be made available until at Least one (I) hour after the finish of the Last boat.
5.15. There shall be no change of skipper or crew during the series without the express approval of the Race Committee in writing before the start of that race.
5.16. The " R White and Sons " perpetual trophy shall be awarded to the Skipper of the overall point score winning boat on scratch (State Champion). The " Junior State Championship " perpetual trophy shall be awarded to the Junior Skipper who gains the best placing in the overall point score on scratch. Any engraving of these or any other trophies awarded shall be paid for by the State Association. Prizes shall be awarded to the Skipper end Crew of the following boats: 1st, 2nd, 3rd, and 4th. The " Paul Shiner " Perpetual Trophy shall be presented to the boat who completes all heats raced and gains the Lowest placing in overall point score on scratch. Other prizes may be awarded to other boats at the discretion of the association.
5.17. It shall be the responsibility of the State Skate Association of the current holders of all perpetual trophies and shields to ensure that these are made available for the presentation to the new holders at the end of each series. If any of these trophies or shields are Lost, stolen or damaged, the responsible Person shall be required to replace or repair them with trophies or shields of a similar type, style, size and quality before they are required for presentation to the new holders.
5.18. Any boat or skipper that fails to comply with these rules in Part 5 shall disqualified after protest unless stated otherwise in this part.
5.19. A Junior entry in the State Championship Series shall be any boat whose entered skipper is under the age of twenty-one on the first day of October prior to the series. A Junior shall still be eligible to win the State Championship.
PART 6 - GENERAL RULES GOVERNING
ALL SKATE RACES AT ALL TIMES
THROUGHOUT WESTERN AUSTRALIA
6.1. All races shall be conducted under the Racing Rules Of Australia, of the host State Skate Sailing Association of Western Australia and the Local club.
6.2. At Least one crew member on a Skate shall be a financial member of a recognised Sailing Club unless the expressed permission of the committee of the host club has been given for a non-member to sail.
6.3. At Least one crew member on a Skate shall be a financial member of the Skate Sailing Association of Australia.
6.4. The protest flag, signifying the intention to protest shall comply with part 5 section A 61.1 Racing Rules of Sailing
6.5. A Skate shall not carry on board more than one jib, one mainsail and one spinnaker whilst racing. The jib shall be set at all times between the stem and hounds whilst racing.
6.6. The number of crew on a Skate shall be not less than two whilst racing.
6.7. A.Y.F. Safety Regulations, M2.2, shall be complied with at all times, whether racing or not racing.
6.8. No Skate shall be eligible to race unless it is registered with the Skate Sailing Association of Australia.
6.9. At least one crew member on a Skate shall have at Least one part of his body in contact with the hull at all times unless a crew member has fallen overboard. This rule applies to boats fitted with sliding planks, narrow (2133 mm from the opposite gunwale) frames used in conjunction with a trapeze, and wide (3048 mm from the opposite gunwale) frames used without a trapeze.?
6.10. Any Skate that fails to comply with these rules in Part 6 shall be disqualified after protest.