Whitsunday Charter Boat Industry Association Inc.

Association Bylaws

Contents

0    Introduction

The rules governing the way in which the WCBIA conducts business are defined in the WCBIA Constitution.  The Constitution gives the power to manage the day to day WCBIA activities to a Management Committee  (also known as the Executive Committee).  The Management Committee is elected by the ordinary members of the WCBIA at the Annual General Meeting.

Possibly the most important power of the Management Committee is to define WCBIA bylaws, detailed rules that define the obligations and responsibilities of the members of the Association.

Over the history of the WCBIA there have been a number of different Management Committee's and many different bylaws. Over time and changes in the committee and membership many of these bylaws tend to be overlooked or even lost as information changes hands. With the advent of the WCBIA website the Management Committee has agreed to post this page as a single  location where all members can find a complete list of all current WCBIA bylaws.

This page organises the bylaws by category as shown in the table of contents and it will be updated on a regular basis as new bylaws are introduced and old bylaws are repealed.  Along with the actual bylaw there may be explanatory comments to assist members.

1    Membership

    1.1 New Membership Procedure

The following procedures are required for WCBIA membership application:

  1. Download and complete the membership application form.  Be sure to carefully read the WCBIA Certification Rules prior to applying for membership as all members are bound to adhere to the code.

  2. Relevant, supporting documentation is required (which is outlined on the application form) and must be submitted with the application form.

  3. A draft copy of any relevant collateral (brochures, web-sites etc) that will carry the certified “tick” logo must be submitted to the WCBIA to ensure Section 8 (Use of the WCBIA Trademark) of the Certification Rules are complied with. It is highly recommended that approval of material is sought prior to printing as any unauthorised use of the “tick” logo and WCBIA word mark will result in the WCBIA undertaking legal action.

  4. The Application Form will need to be proposed and seconded by current WCBIA members.

  5. Once the relevant form and supporting information is received, your application will be tabled at the next Management Committee meeting.

Should the application be accepted by the Management Committee you will be notified in writing and:

  1. Your membership application will be placed on the agenda of the next General Meeting.

  2. At this meeting you will be required to present to the members an overview of your operation and your commitment to abide by the Certification Rules of the WCBIA. The members who proposed and seconded your application will be required to be at the meeting and speak on your behalf. You will be required to answer questions that members may have regarding the suitability of your operation as a WCBIA member.

  3. Should your Proposer and Seconder not be able to attend the meeting your membership application will be deferred to a subsequent General Meeting of the WCBIA.

  4. You may wish to bring along examples of your brochures and other collateral to support your application.

Should the application be accepted by the WCBIA Members the following procedures are necessary before final approval can be given:

  1. The Membership Agreement that will be forwarded to you, must be completed and submitted along with full payment of your first year’s membership fees (calculated at 5% of one week’s gross retail price on full capacity for each vessel).

  2. Should the application be made part way through a financial year the full year's fees must still be remitted.  At the end of the financial year any unused portion will be deducted pro rata from the second years fees.

  3. There is a probationary period of 3 months, commensurate from the time the Agreement is received and fees are paid. During this probationary period the “tick” logo and WCBIA word mark cannot be used on any material. The management committee has the authority to reject the membership application at any time during the probationary period should the applicant fail to comply with any of the membership requirements.  Your Proposer and Seconder are obliged to mentor you through this probationary period.

  4. During the probationary period your vessels must successfully undergo the WCBIA Vessel Rating Audit. There is a minimum standard that must be met for each vessel to be authorised to carry the certified “tick” logo.

  5. It is highly recommended that approval of material is sought prior to printing as any unauthorised use of the “tick” logo and WCBIA word mark will result in the WCBIA undertaking legal action.

  6. Once the 3 months probationary period has expired, you will be notified in writing as to whether your membership has been approved and which vessels have been approved to use the “tick” logo and WCBIA word mark.

  7. Should the membership not be accepted as a result of the process, an explanation of why the membership was rejected will be forwarded in writing. You may reapply for membership once the relevant issues are addressed. In the case where membership is not approved, membership fees will be refunded less a deduction of $500 to cover the cost of processing the membership application.

The WCBIA logo and word mark are both certified and therefore it is important that the integrity of the WCBIA is maintained by members at all times. For this reason, it is important that all members clearly understand their responsibilities of membership.

    1.2 Transfer of Membership

  1. WCBIA membership is limited to the original applicant that was accepted as a member and is not transferable.  This specifically applies when a vessel changes hands.

    1.3 Termination of Membership

  1. On termination of membership, whether by resignation or ruling by the Management Committee the terminated member must within 30 days of the membership termination:
     a) withdraw all promotional material referring to the WCBIA or displaying the WCBIA tick logo; and
     b) pay all outstanding fees owing to the WCBIA.

  2. Should a terminated member wish to reapply for WCBIA membership at a later date any fees that were outstanding when the original membership was terminated must be paid in full before the Management Committee will consider the new membership application.

2    Fees

    2.1 Setting Fees

  1. The Management Committee will set the membership fees for a financial year (1 July through 30 June) before the end of the previous financial year.

  2. The Management Committee will set the fees for other services such as the Vessel Rating System audit on an as required basis.

  3. Fees for any special projects or special levies will be set by a general or special meeting of the ordinary members.

  4. All WCBIA fees are exclusive of GST and 10% will be added to cover the GST component.

    2.2 Payment of Fees

  1. New membership fees are due after the membership application is accepted by a general meeting of the WCBIA and the membership contract is signed by the membership applicant.

  2. Annual membership fees are payable prior to the first of August each year.

  3. Members are required to pay Vessel Rating System audit fees within 30 days of the audit completion.

  4. Members are required to pay any special project or special levy fees within 30 days of the meeting at which the fee was set. In case of hardship a member may apply to the Management Committee for special consideration for time payment.

  5. The Treasurer will issue tax invoices to members for any fees due.

3    Vessels

    3.1 Introduction of New Vessels

  1. Upon introduction of a new vessel the member is required to notify the WCBIA Management Committee as soon as possible, but at least within 30 days.  This should be done by e-mail to the Executive Secretary at wcbia@wcbia.com.

  2. All relevant documentation including copies of the vessels registration certificate and Marine Park permit, brochures, number of passengers, retail "rack" price, trip duration and trips per week are to be forwarded to the WCBIA Management secretary within 30 days of the introduction of the vessel.

  3. One vessel may be introduced by a member during a financial year without any increase in fees. Additional vessels introduced in the same financial year will normally be subject to additional fees, however the fee increase may be waived at the discretion of the Management Committee depending on the circumstances (for example the member may have removed vessels from their fleet).

  4. All new vessels must undergo the Vessel Rating System audit within three months of introduction. The member will be charged for the audit at the normal Vessel Rating System audit rates.

  5. It is the members responsibility to ensure that all promotional material for the vessel adheres to the standards set in the WCBIA Certification Rules.  See the section on Promotional Material for more information.

    3.2 Removal of Vessels

  1. When a vessel is removed from the fleet the member is required to notify the WCBIA Management Committee as soon as possible, but at least within 30 days.  This should be done by e-mail to the Executive Secretary at wcbia@wcbia.com.

  2. The member is responsible for ensuring that all promotional material is withdrawn from circulation in a timely fashion.

  3. No refund of fees will be given for vessels removed during a financial year.

    3.3 Standard of Vessels

  1. Members have the obligation to ensure the standard of their vessels and the associated operations are maintained at the level as advertised in the member's promotional material and at least at a minimum accepted standard as defined under the Vessel Rating System and the WCBIA Certification Rules.

  2. All vessels operated by member's must meet the minimum standard as defined under the vessel rating system. It is unacceptable for a member to operate any vessels that do not meet the minimum standard.

4    Promotional Material

    4.1 Definition of Promotional Material

  1. Promotional material includes any media that advertises a members vessel or operation. This includes but is not limited to brochures, websites, newspaper and magazine advertisements, and audiovisual presentations.

  2. Members have an obligation to ensure that any third-party promotional material such as agent websites advertise accurate information and conform to WCBIA standards.

    4.2 Use of WCBIA Registered Trademarks

  1. It is the members responsibility to ensure that all promotional material for the member's vessels and operations adhere to the standards set in the WCBIA Certification Rules. If the member is unsure about the requirements they are strongly recommended to get a decision from the WCBIA Management Committee before going to print.  If promotional material is found to be in breach of the rules the member may be required to withdraw all noncompliant material from circulation.

   4.3 Right of Appeal

  1. If a member wishes to appeal a Management Committee decision regarding promotional material the matter will be referred to the WCBIA Compliance Committee for a ruling.  The Compliance Committee's ruling will be final and both the member and the Management Committee are bound to accept and comply with the ruling.

5    Update History

Date   Change
1 June 2006   Initial web page version created
     

   

 

 

 

 

 

 

 
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