Does not include amendments by— Sec 77(5) of this Act (sec 77(5) repeals sec 77 on 30.6.2021)
(1) The Minister may delegate to a person any function conferred or imposed on the Minister by this Act, other than this power of delegation.
(1) The following requirements apply in relation to a club—
(a) The club shall be conducted in good faith as a club. (b) The club shall be—
(i) a company within the meaning of the of the Commonwealth, or Corporations Act 2001 (ii) if the club was registered, or applied for registration, before the commencement of Part 10—a co-operative under the or a corporation constituted by another Act. Co-operatives Act 1992 (c) (d) The membership of the club shall consist of or include not less than such number of ordinary members as is prescribed in respect of it by section 12. (e) The club shall be established—
(i) for social, literary, political, sporting or athletic purposes or for any other lawful purposes, and (ii) for the purpose of providing accommodation for its members and their guests. (e1) If the regulations prescribe objects that are to apply in relation to specified types of clubs, the club is, if it is of such a type, to have the objects so prescribed in relation to that type of club. (f) The club shall have premises of which it is the bona fide occupier for the purposes of the club and which are provided and maintained from the funds of the club. (g) The premises of the club shall contain accommodation appropriate for the purposes of the club. (h) The premises of the club shall contain a properly constructed bar room but shall not contain a separate area for the sale or supply of liquor to be carried away from those premises to which area there is direct access from outside any building that is part of those premises. (i) A member of the club, whether or not he or she is a member of the governing body, or of any committee, of the club, shall not be entitled, under the rules of the club or otherwise, to derive, directly or indirectly, any profit, benefit or advantage from the club that is not offered equally to every full member of the club. (j) Only the club and its members are to be entitled under the rules of the club or otherwise to derive, directly or indirectly, any profit, benefit or advantage from the ownership or occupation of the premises of the club unless the profit, benefit or advantage is in the form of—
(i) reasonable and proper interest paid to a lender on any loan made to the club that is secured against the premises of the club, or (ii) reasonable and proper rent or occupation fees paid to the owner of the premises of the club, being, in either case, a payment arising out of dealings reasonably carried out, or contracts reasonably made, with the club in the ordinary course of its lawful business. (k) The secretary or manager, or any employee, or a member of the governing body or of any committee, of the club is not entitled to receive, either directly or indirectly, any payment calculated by reference to—
(i) the quantity of liquor purchased, supplied, sold or disposed of by the club or the receipts of the club for any liquor supplied or disposed of by the club, or (ii) the keeping or operation of approved gaming machines in the club. (k1) The membership of the governing body of the club must not, on and from such date (or the happening of such event) as may be prescribed by the regulations, exceed 9 persons. (l) The club must comply with any requirements imposed on the club under section 38. (m) The club must comply with any requirements imposed on the club by or under Part 4A. (n) The business conducted on the premises of the club must not be managed or controlled by any person or body other than—
(i) the governing body of the club, or (ii) the secretary of the club, or (iii) the manager (within the meaning of the ) of the club premises, or Liquor Act 2007 (iv) a person acting in a capacity referred to in section 41 (1) in respect of the club, or (v) a person appointed under section 41A in respect of the club, or (vi) a person who is exercising functions relating to the management of the business or affairs of the club under a management contract entered into in accordance with the Registered Clubs Accountability Code. (2) For the purposes of determining whether a club is being conducted in good faith as a club, as required by subsection (1) (a), regard is to be had to the following—
(a) the nature of the premises of the club, (b) whether the club has been under administration for an extended period of time (whether as an externally-administered body corporate, within the meaning of the of the Commonwealth, or otherwise), Corporations Act 2001 (c) whether any arrangements relating to the club have resulted in another person or body assuming the effective control of the club and its business, (d) such other matters as may be prescribed by the regulations. (3) Subsection (1) (b) does not apply in respect of Tattersall’s Club referred to in the , City Tattersall’s Club referred to in the Tattersall’s Club Act of 1888 , Newcastle Tattersall’s Club referred to in the City Tattersall’s Club Act of 1912 , the Newcastle International Sports Centre Club referred to in clause 9 of Schedule 5 to the Newcastle Tattersall’s Club Act 1945 or in respect of any club declared under section 13 (1) (a) to be an exempt club for the purposes of this subsection. Sporting Venues Authorities Act 2008
(1) An amalgamated club may de-amalgamate in accordance with this Division.
(1) The Authority may, on application by or on behalf of a registered club, grant an authorisation (a junior members authorisation ) to allow members of the club who are under the age of 18 years access to areas of the club premises that would otherwise be restricted to those members, but only for the purpose of taking part in sporting activities or a prize-giving ceremony associated with sporting activities.
(1) The Authority may, on application by or on behalf of a registered club, grant an authorisation (a club functions authorisation ) to the club to permit persons—
(a) who are not members of the club, or (b) who are under the age of 18 years, to attend, in a specified part of the club premises, functions of a cultural, educational, religious, patriotic, professional, charitable, political, literary, sporting, athletic, industrial or community nature. Any such function may include a wedding.
(1) This section applies to the following authorisations—
(a) a non-restricted area authorisation, (b) a junior members authorisation, (c) a club functions authorisation. (2) An application for an authorisation must—
(a) be in the form and manner approved by the Authority, and (b) be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and (c) if required by the regulations to be advertised—be advertised in accordance with the regulations, and (d) comply with such other requirements as may be approved by the Authority or prescribed by the regulations. (3) In determining an application for an authorisation, the Authority has the same powers in relation to the application as the Authority has under the in relation to an application for a licence under that Act. Liquor Act 2007 (4) If, before an application for an authorisation is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection), the applicant must immediately notify the Authority of the particulars of the change. Maximum penalty—20 penalty units. (5) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for an authorisation. (6) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the authorisation.
(1) The rules of a registered club shall be deemed to include the following rules—
(a) Except as provided by paragraphs (a1) and (a2), the governing body of the club responsible for the management of the business and affairs of the club is to be elected—
(i) annually, or (ii) if a rule of the club so provides—biennially, or (iii) if a rule of the club so provides—in accordance with Schedule 4, at an election in respect of which the full members only of the club (or a subclass of full members determined by a rule of the kind referred to in subsection (9)) are entitled to vote. (a1) If the regulations so provide, any election under paragraph (a) is to be in accordance with Schedule 4. (a2) If the regulations so provide, the members of the club who are entitled to vote at an election of the governing body of the club are such members (or class of members) of the club as may be specified in the regulations for the purposes of this paragraph. (b) Except as provided by paragraph (b1), a person shall not hold office as a member of the governing body of the club unless the person is a full member of the club. (b1) The governing body of the club may include, at any one time, no more than such number of persons (whether or not full members of the club) as may be prescribed by the regulations who are appointed, in accordance with the regulations, by the elected members of the governing body of the club. (c) The governing body of the club shall hold a meeting at least once in each month of the year and minutes of all proceedings and resolutions of the governing body shall be kept and entered in a book provided for the purpose. (d) A person shall not—
(i) attend or vote at any meeting of the club or of the governing body or any committee of the club, or (ii) vote at any election of, or of a member of, the governing body of the club, as the proxy of another person. (e) (f) A person shall not be admitted to membership of the club except as an ordinary member (whether or not persons may be admitted as different classes of ordinary members), provisional member, life member, honorary member or temporary member. (g) A person shall not be admitted as a member of the club, other than as a provisional member, honorary member or temporary member, unless the person is elected to membership at a meeting of the full members of the club or at a duly convened meeting of the governing body or election committee of the club, the names of whose members present and voting at that meeting are recorded by the secretary of the club. (h) An employee of the club shall not vote at any meeting of the club or of the governing body of the club, or at any election of the governing body of the club, or hold office as a member of the governing body of the club. (h1) An employee of the club must not vote at any election of the governing body of another club or association if any member of that governing body would, as the result of that election, be entitled or qualified to be appointed (or be nominated for appointment) to the governing body of the registered club. (i) Any profits or other income of the club shall be applied only to the promotion of the purposes of the club and shall not be paid to or distributed among the members of the club. (j) The fee payable by, or by any class of, ordinary members for membership of the club shall be an amount, not being less than $2 per annum, specified in the rules of the club other than the rules contained in this subsection or subsection (2) and be payable annually or, if the rules of the club other than the rules contained in this subsection or subsection (2) so provide, by monthly, quarterly or half-yearly instalments, and in advance, or for more than 1 year in advance. (2) The rules of a registered club shall be deemed also to include the following rules—
(a) The names and addresses of persons proposed for election as ordinary members of the club shall be displayed in a conspicuous place on the premises of the club for at least 1 week before their election. (b) An interval of at least 2 weeks shall elapse between the proposal of a person for election as an ordinary member of the club and his or her election. (c) A person shall not be admitted as an honorary member or as a temporary member of the club unless—
(i) the person is admitted in accordance with the rules of the club, and (ii) subsection (3A) is complied with in the case of an honorary member or subsection (3B) is complied with in the case of a temporary member. (d) Liquor must not be sold, supplied or disposed of on the premises of the club to any person who is not a member of the club except—
(i) on the invitation and in the company of a member of the club, or (ii) if the person is attending a function in respect of which a club functions authorisation under section 23 is in force. (e) A person under the age of 18 years must not be admitted as a member of the club unless the purpose of membership is to enable the person to take part in regular sporting activities organised by the club. (f) A person under the age of 18 years shall not propose or second a person for admission as a member of the club. (g) Liquor shall not be sold, supplied or disposed of on the premises of the club to any person under the age of 18 years. (h) A person under the age of 18 years shall not use or operate approved gaming machines on the premises of the club. (i) A register of persons who are full members of the club shall be kept in accordance with section 31. (j) A register of persons who are honorary members of the club (other than honorary members referred to in section 30A) is to be kept in accordance with section 31. (j1) (k) A register of persons of or above the age of 18 years who enter the premises of the club as guests of members shall be kept in accordance with section 31. (l) A register of persons who are temporary members of the club (other than temporary members referred to in subsection (10) or in section 30B) is to be kept in accordance with section 31. (m) A register of temporary members of the club (other than temporary members referred to in subsection (10) or in section 30B) who attend the club each day is to be kept in accordance with section 31 either as a separate register or as part of the register referred to in paragraph (l). (n) A register of persons who are admitted as temporary members of the club for an extended period as referred to in section 30B is to be kept in accordance with section 31 either as a separate register or as part of the register referred to in paragraph (l). (o) (2A) If the rules of a club provide for the admission of honorary members or temporary members, the rules are taken also to include a rule that there is to be prominently displayed at all times at each entrance on the club premises at which members and guests are permitted to enter—
(a) subject to any exception created by the regulations under subsection (3C), a map that clearly shows the limits of the area within which an ordinary resident of the area is not eligible for temporary membership otherwise than under section 30 (10), and (b) the rules of the club that relate to temporary membership of the club, and (c) a copy of section 30 (10), unless the rules of the club provide that the provisions of that subsection do not apply to the club, and (d) a copy of the definition of guest in section 4.(3) A rule referred to in subsection (1), (2) or (2A) has effect notwithstanding the provisions of any other law except a provision of this section. (3A) The rules of a registered club may not provide for a person to be an honorary member of the club unless the person holds office as a patron of the club or is a prominent citizen or local dignitary. (3B) A person whose ordinary place of residence is in New South Wales and is within a radius of 5 kilometres from the premises of a registered club (in this subsection referred to as the host club ) is not eligible for admission as a temporary member of the host club unless the person is—
(a) a member of another registered club with similar objects to those of the host club, or (b) a member of another registered club who is attending the host club as provided by subsection (10). (3C) The regulations may create exceptions to subsection (3B). (4) The provisions of subsection (1) (a) and (g) do not apply in respect of any club while—
(a) a person is acting in a capacity referred to in section 41 (1) in respect of that club, and (b) that club does not, as a result of a person having been appointed so to act, have a governing body. (5) Subsections (1) (a) and (g) and (2) (a) and (b) do not apply in respect of any club declared under section 13 (1) (b) to be an exempt club for the purposes of section 10 (5).
(1) The rules of each RSL or services club are taken to include a rule that any person attending the club premises who produces evidence that the person is a serving member of the Australian Defence Force is taken to have been admitted as an honorary member of the club for the day the person attends the club premises.
(1) A person may apply to the Authority for approval to act as the secretary of a registered club. Any such application is to be in the form and manner approved by the Authority.
(1) A person must not act as the secretary of a registered club unless the person is the approved secretary of the club. Maximum penalty—50 penalty units.
(1) The Secretary may carry out such investigations and inquiries as the Secretary considers necessary in connection with—
(a) a complaint or proposed complaint under Part 6A in relation to the secretary, or a member of the governing body, of a registered club, or (b) compliance with the provisions of Part 4A (including the provisions of the Registered Clubs Accountability Code) by a registered club or member of the governing body or employee of a registered club.
(1) In this section— appropriate number of full members , in relation to a club, means such number of full members of that club who are entitled to vote at the annual election of the governing body of that club as is equal to 200 or one-tenth of the number of full members of the club so entitled to vote, whichever is the less.Electoral Commissioner means the Electoral Commissioner for New South Wales for the time being holding office under the. Electoral Act 2017 (2) An order under subsection (5) in respect of a registered club may be made by the Authority—
(a), (b) (c) upon an application made by a full member referred to in the definition of appropriate number of full members in subsection (1) if—
(i) that application is accompanied by a request in writing for the making of the order that is signed by at least the appropriate number of full members of the club and shows the names in full or the surnames and the initials of the given names of the signatories, and (ii) notice in writing of intention to make the application was given to the club at least 21 clear days before the application is made. (d) (3) (4) An application purporting to be an application referred to in subsection (2) (c) and accompanied by a request purporting to be a request so referred to, shall be deemed to be a valid application unless the Authority is satisfied—
(a) that the application was not made by a full member referred to in the definition of appropriate number of full members in subsection (1),(b) that the request—
(i) is not signed by at least the appropriate number of full members of the club, or (ii) does not show the names in full or the surnames and initials of the given names of the signatories, or (c) that notice of intention to make the application was not given in accordance with subsection (2) (c) (ii). (5) The Authority may, upon an application referred to in subsection (2) (c), make an order that the first election of the governing body of the registered club referred to in the order to be held after the date of the order be conducted by the Electoral Commissioner. (6) Notwithstanding any other provision of this Act, an order made upon an application referred to in subsection (2) (c) is final and conclusive and not subject to appeal. (7) Where the Authority makes an order under subsection (5), the election referred to in that subsection shall be conducted by the Electoral Commissioner or by an officer within the meaning of the authorised in writing by the Electoral Commissioner to conduct that election. Public Sector Management Act 1988 (7A) The Electoral Commissioner or an officer within the meaning of the authorised in writing by the Electoral Commissioner is, on application by or on behalf of a registered club to the Electoral Commissioner, to conduct an election of the governing body of the club. Public Sector Management Act 1988
(1) The regulations may make provision for or with respect to the reporting requirements of registered clubs (including requirements relating to the financial statements and accounts of registered clubs and the information to be disclosed by registered clubs).
(1) The regulations may prescribe a Registered Clubs Accountability Code.
(1) This section applies in relation to a contract (other than a contract for the disposal of real property owned or occupied by a registered club) entered into by a registered club in contravention of the Registered Clubs Accountability Code. (2) If the Secretary is of the opinion that a contract is a contract to which this section applies, the Secretary may serve on each party to the contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated. (3) The notice is to specify the provision of the Code that the Secretary considers has been contravened or the term or condition of the contract that the Secretary considers is not being, or has not been, complied with.
(1) A registered club must not dispose of any core property of the club unless—
(a) the property has been valued by a qualified valuer, and (b) the disposal has been approved at a general meeting of the ordinary members of the club at which a majority of the votes cast supported the approval, and (c) any sale is by way of public auction or open tender conducted by an independent real estate agent or auctioneer. (2) If core property is disposed of by a registered club in contravention of subsection (1), the Secretary may make an application to the Supreme Court for an order in relation to the disposition of the property.
(1) If a contract is terminated under this Part—
(a) the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract, as a result of the performance before that termination of any obligation imposed by the contract, and (b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination, and (c) no liability is incurred by the Crown or the Secretary by reason of that termination.
(1) If, on any day, a person uses any of the accommodation, facilities or amenities provided on the premises of a registered club and—
(a) is not a member of the club, or a guest of such a member, or (a1) is not an honorary member of the club as referred to in section 30A, or (b) is a temporary member of the club (other than a temporary member referred to in section 30B) and the particulars required by section 31 (1) (e) have not been entered on that day in the register of temporary members kept by the club in accordance with the rule of the club referred to in section 30 (2) (m), or (b1) is a temporary member of the club (as referred to in section 30B) and the particulars required by section 31 (1) (f) have not been entered in the register of temporary members kept by the club in accordance with the rule of the club referred to in section 30 (2) (n), or (c) is not attending a function in accordance with a club functions authorisation under section 23, the person, the club and the secretary of the club are each guilty of an offence. Maximum penalty—10 penalty units.
Note— Disciplinary action may also be taken against a registered club under Part 9 of the in its capacity as a licensee under that Act. Liquor Act 2007
(1) If a complaint in relation to a registered club or a person who is the secretary or a member of the governing body of a registered club is made under this Part, the Authority must, before taking any disciplinary action against the club or the person, notify the registered club or the person (as the case requires) in writing of the grounds on which the Authority is proposing to take disciplinary action.
(1) If the Authority decides to take disciplinary action under section 57H against a registered club or against the secretary or a member of the governing body of a registered club, the Authority is required to serve on the club or the person a notice informing the club or the person of the Authority’s decision.
(1) This section applies to the power of the Authority to make a declaration under section 57H (2) (g) in relation to a person who is the secretary or a member of the governing body of a registered club. (2) The Authority must not make a declaration in relation to such a person unless—
(a) it is satisfied that the person was the secretary of the club or a member of the governing body of the club at a relevant time or was materially involved in the management of the affairs of the registered club at a relevant time, and (b) the person has been given an opportunity to show cause why the declaration should not be made.
(1) A police officer or an inspector may issue a penalty notice to a person (including a registered club) if it appears to the police officer or inspector that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) (2) A member of the governing body or of any committee of a registered club or an employee of a registered club may—
(a) (b) where the club is a club to which section 30 (2) (k) applies, demand from any person who enters or is on the premises of the club and who that member or employee suspects on reasonable grounds is not—
(i) a member of the club, or a minor who is the guest of a member, or (ii) a guest of a member of the club particulars of whom (referred to in section 31 (1) (c)) have been entered in the register kept for the purposes of section 30 (2) (k), particulars of the correct name and address of that person, or (c) where the club is not a club to which section 30 (2) (k) applies, demand from any person who enters or is on the premises of the club and who that member or employee suspects on reasonable grounds is not a member of the club or a guest of a member of the club—
(i) particulars of the correct name and address of that person, (ii) particulars as to whether that person is or is not a member of the club or a guest of a member of the club, and (iii) where that person claims to be a guest of a member of the club, particulars of the name of that member.
(1) In this section club means the Sydney Cricket Ground Club and the club referred to in clause 9 of Schedule 5 to the. Sporting Venues Authorities Act 2008
(1) The Governor may make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following—
(a)–(d) (e) the making of and the procedure with respect to applications under this Act, (f) the exhibition of notices in connection with applications under this Act, (g) (h) the fees in respect of any application under this Act, (i) the accommodation in registered clubs, (j) the particulars to be furnished by registered clubs, (k) (l) the duties and functions of a registered club, (m) requiring members of the governing bodies of registered clubs, secretaries of clubs or persons appointed under the as managers of club premises to undergo training courses relating to financial management and other matters that are relevant to their functions, Liquor Act 2007 (n) any matter relating to the conduct of an election of the members of the governing body of a registered club, and recommended minimum levels of emoluments payable to such members, (o) the amalgamation of registered clubs under Division 1A of Part 2 and the de-amalgamation of amalgamated clubs under Division 1B of Part 2. (p)–(y)
(1) This section applies if this Act or the rules of a registered club provide for a period in relation to the election of the governing body of the club responsible for the management of the business and affairs of the club. (2) The regulations may provide for the modification of the period. (3) A regulation under subsection (2)—
(a) may modify the period to extend it to a day that is no later than 12 months after the commencement of this section, and (b) prevails to the extent of any inconsistency with any provision of this Act or the rules. (4) The Minister may recommend the making of a regulation under this section only if—
(a) the Minister considers the regulation is necessary for the purposes of responding to the public health emergency caused by the COVID-19 pandemic, and (b) the Electoral Commissioner has agreed to the making of the regulation. (5) This section is repealed on 30 June 2021.
(Section 76)
(Section 30)