An Act to make provision with respect to the registration of clubs and their rules and management; to amend the Gaming and Betting Act 1912 and certain other Acts; to validate certain matters; and for purposes connected therewith.
long title: Am 1982 No 149, Sch 1 (1).
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Registered Clubs Act 1976.
2 Commencement
(1) This section and section 1 shall commence on the date of assent to this Act.(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.(3) (Repealed)s 2: Am 1982 No 149, Sch 1 (2).
3 Liquor harm minimisation is a primary object of the Act
A primary object of this Act is liquor harm minimisation, that is, the minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). The Licensing Court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for liquor harm minimisation when exercising functions under this Act. In particular, due regard is to be had to the need for liquor harm minimisation when considering for the purposes of this Act what is or is not in the public interest.s 3: Am 1982 No 149, Sch 1 (3). Rep 1984 No 153, Sch 12 (1). Ins 1996 No 41, Sch 2 [1]. Am 1999 No 49, Sch 6 [1].
3A Gambling harm minimisation and responsible conduct of gambling activities are primary objects of the Act
(1) Other primary objects of this Act are:(a) gambling harm minimisation, that is, the minimisation of harm associated with the misuse and abuse of gambling activities, and(b) the fostering of responsible conduct of gambling activities.(2) The Licensing Court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for gambling harm minimisation and to foster the responsible conduct of gambling activities when exercising functions under this Act. In particular, due regard is to be had to the need for gambling harm minimisation when considering for the purposes of this Act what is or is not in the public interest.s 3A: Ins 1999 No 49, Sch 6 [2].
4 Definitions
(1) In this Act, except so far as the context or subject-matter otherwise indicates or requires:address, in relation to a person, means the address of that person’s usual place of abode.adviser’s licence means a poker machine adviser’s licence granted under section 90 and in force.amalgamated club means a registered club which results from the amalgamation of 2 or more registered clubs as referred to in section 17A (1).approved amusement device has the same meaning as in the Liquor Act 1982.approved gaming device means an approved amusement device, an approved poker machine or an authorised poker machine.approved plan, in relation to proposed club premises, or a proposed addition to or alteration of club premises, means a plan of the proposed premises, or of the proposed addition or alteration, that accompanies any development consent required under the Environmental Planning and Assessment Act 1979 for the carrying out of the work represented by the plan, or evidence that such consent is not required.approved poker machine means a poker machine declared under section 77B to be an approved poker machine and includes:(a) any subsidiary equipment approved by the Board for use in connection with the poker machine, and(b) any component of the poker machine other than a component prescribed by the regulations as not being part of the poker machine.means a centralised monitoring system operated under the authority of a licence in force under Division 4 of Part 11 of the Liquor Act 1982.has the same meaning as in the Search Warrants Act 1985., in relation to a club, means a poker machine that is the subject of an authorisation in force under section 79.beer has the same meaning as it has in the Liquor Act 1982.Board means the Liquor Administration Board constituted by the Liquor Act 1982.centralised cash control equipment means any device or system by means of which, in return for a cash payment made to a registered club, the operation of a poker machine kept by the club may, without the insertion of money, be commenced and, at least to the extent of the cash payment, continued.certificate of registration means a certificate of registration under Part 2.close associate has the meaning given by section 4A.CMS licensee means the holder of a licence in force under Division 4 of Part 11 of the Liquor Act 1982.connected (in the context of connection to an authorised CMS) is defined in section 200AA of the Liquor Act 1982.dealer’s licence means a poker machine dealer’s licence granted under section 90 and in force.Director means the Director of Liquor and Gaming appointed as provided by the Liquor Act 1982.employ includes engage under a contract for services.established poker machine means a poker machine that:(a) immediately before the commencement of Division 1 of Part 10 was the subject of a licence under Part 3A of the Gaming and Betting Act 1912 as then in force, and(b) has not, since that commencement, been declared under section 77B as having ceased to be an established poker machine.financial institution means:(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or(b) a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or(c) a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.full member, in relation to a club, means a person who is an ordinary member or a life member of that club.means a functions authority referred to in section 23.means an adviser’s licence, a dealer’s licence, a testing facility licence, a seller’s licence or a technician’s licence.guest:(a) of a full member, provisional member or honorary member of a registered club, means a person:(i) whose name and address (unless the person is a minor), countersigned by the member, are entered in a register kept for the purpose by the club, and(ii) who, at all times while on the club premises, remains in the reasonable company of the member, and(iii) who does not remain on the club premises any longer than the member, and(b) of a temporary member of a registered club, means a minor:(i) who, at all times while on the club premises, remains in the company and immediate presence of the member, and(ii) who does not remain on the club premises any longer than the member, and(iii) in relation to whom the member is a responsible adult.honorary member, in relation to a club, means a person who, under the rules of that club, is an honorary member of that club.justice means a justice of the peace.key official means:(a) the Director-General of the Department of Gaming and Racing, or(b) an officer of the Department of Gaming and Racing who is listed in Schedule 3B to the Public Sector Management Act 1988, or(c) an officer of the Department of Gaming and Racing who is not referred to in paragraph (a) or (b) but is the subject of a current written order by the Director-General of the Department that has been served on the officer and is to the effect that the officer is a key official for the purposes of this Act, or(d) the Director of Liquor and Gaming, or(e) the Commissioner of Police, or(f) a member of the Police Service Senior Executive Service, or(g) a police officer who holds the position of Patrol Commander or a higher position but is not referred to in paragraph (e) or (f), or(h) a member of the Police Service who is not referred to in paragraph (e), (f) or (g) but is the subject of a current written order by the Commissioner of Police that has been served on the member and is to the effect that the member is a key official for the purposes of this Act.Licensing Court means the Licensing Court of New South Wales constituted in accordance with the Liquor Act 1982.life member, in relation to a club, means a person who is elected to membership of that club for life.linkage equipment means any device or system (other than a linked gaming system within the meaning of Part 12) by means of which 2 or more poker machines (whether or not kept by the same registered club) are connected so that each poker machine contributes to the registration of a right to claim a pooled amount of money or money’s worth.linked system means:(a) poker machines connected by linkage equipment, and(b) the linkage equipment.liquor has the same meaning as it has in the Liquor Act 1982., in relation to premises or proposed premises of a registered club, means:(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.local liquor accord means any code of practice, memorandum of understanding or other arrangement:(a) that affects the supply of liquor, the opening and closing of registered clubs or other aspects of the management of or conduct of business in registered clubs, and(b) that is entered into in writing between two or more registered clubs (or between one or several registered clubs and one or several persons licensed under the Liquor Act 1982), with the approval of the Commissioner of Police or a delegate of the Commissioner, for the purpose of eliminating or reducing alcohol-related violence or anti-social behaviour or other alcohol-related harm.low alcohol liquor has the same meaning as in the Liquor Act 1982.member, in relation to a club, means a person who is a full member, a provisional member, an honorary member or a temporary member of that club.multi-terminal gaming machine means an approved gaming device that:(a) is designed to be played by more than one player at the one time, and(b) is equipped with more than one player terminal.ordinary member, in relation to a club, means a person who is elected to membership of that club in accordance with the rule of that club referred to in section 30 (1) (g).poker machine means:(a) a device that is designed:(i) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill, and(ii) for paying out money or tokens or for registering a right to an amount of money or money’s worth to be paid, or(b) any subsidiary equipment.prescribed place means a prescribed place within the meaning of the Liquor Act 1982.Principal Registrar means the registrar of the Licensing Court at Sydney.provisional member, in relation to a club, means a person who has applied for admission as a full member of the club, has paid the subscription appropriate for the membership applied for, and is awaiting a decision on the application.registered club means a club in respect of which a certificate of registration issued under Part 2 is in force.registrar means registrar of the Licensing Court appointed under section 17 of the Liquor Act 1982.regulations means regulations made under this Act.responsible adult means a person of or above the age of 18 years who, in relation to a minor, belongs to one or more of the following classes of persons:(a) a parent, step-parent or guardian of the minor,(b) the minor’s spouse or any person who, although not legally married to the minor, ordinarily lives with the minor as the minor’s spouse on a permanent and domestic basis,(c) a person who for the time being has parental responsibility for the minor.secretary, in relation to a registered club, means:(a) except as provided in paragraph (b), the person who, under section 33, holds an approval of the Licensing Court to act as the secretary of that club,(b) if the secretary referred to in paragraph (a) has ceased to hold office or is absent from office, the person, if any, referred to in section 34 (3) who is appointed by that club to act as its secretary, or(c) if:(i) the secretary referred to in paragraph (a) has ceased to hold office or is absent from office, andany person acting as secretary of that club.(ii) no person has been appointed as referred to in paragraph (b) to act as secretary of that club,seller’s licence means a poker machine seller’s licence granted under section 90 and in force.special inspector means an inspector (including the Director) holding office under section 109 of the Liquor Act 1982.sporting activities includes athletics.subsidiary equipment means:(a) centralised cash control equipment, or(b) linkage equipment, or(c) any other device or system designed for use in connection with the operation of a poker machine.technician’s licence means a poker machine technician’s licence granted under section 90 and in force.temporary member, in relation to a club, means a person who, under the rules of that club, is a temporary member of that club.testing facility licence means a poker machine testing facility licence granted under section 90 and in force.this Act includes regulations.(2) A reference in this Act to:(a) the day appointed for the commencement of the hearing of a matter by the Licensing Court—is a reference to the day appointed by the registrar for the matter first to come before the Licensing Court,(b) the secretary of the Board—is a reference to the secretary of the Liquor Administration Board holding office under section 74 (2) of the Liquor Act 1982, and(c) the registrar in relation to any matter—is a reference to the registrar for the prescribed place at which the Licensing Court would sit to hear an application relating to the matter.(3) A reference in this Act to the commencement of this Act is a reference to the day appointed and notified under section 2 (2).(4) A reference in this Act to the amount paid or payable by or on behalf of a registered club or the secretary of the club for any liquor is a reference:(a) except as provided in paragraph (b), to the sum of:(i) the amount paid or payable by or on behalf of the club or that secretary for that liquor,(ii) any amount paid or payable by or on behalf of the club or that secretary for or for the hiring of any containers or packages (including corks, stoppers and labels attached thereto) in which that liquor is contained or packed when it is delivered to or purchased by or on behalf of the club or that secretary or is to be contained or packed for sale or disposal by or on behalf of the club or that secretary (whether or not any such amount is paid or payable to the supplier of that liquor),(iii) any amount paid or payable for the packing or for the handling of that liquor and any such containers or packages or for putting it or them into the state in which it is or they are when it is or they are delivered to or purchased by or on behalf of the club or that secretary (whether or not any such amount is paid or payable to the supplier of that liquor),(iv) any amount paid or payable by or on behalf of the club or that secretary as freight or other delivery charges in respect of the delivery of that liquor, being an amount so paid or payable to the supplier of that liquor but not being an amount so paid or payable to that supplier as reimbursement in full for those freight or delivery charges if those freight or delivery charges are paid or payable by that supplier in respect of the carriage and delivery of the liquor within Australia by a carrier in whose business as a carrier the supplier has no direct or indirect pecuniary interest, and(v) any amount paid or payable for duties or sales tax in respect of that liquor or as shipping, delivery or handling charges incurred by reason of the importation of the liquor from outside Australia, or(b) where the Board is of the opinion that any amount paid or payable for any thing or for the doing of any thing referred to in paragraph (a) (i), (ii), (iii) or (iv) is less than the value of that thing or the doing of that thing, as the case may be, to such amount as is determined by the Board having regard to the circumstances in which that liquor was delivered to or purchased by or on behalf of the club or that secretary.(5) A reference in this Act to any amount paid or payable by or on behalf of a registered club or the secretary of the club for any liquor includes any amount paid or payable by any other person for the acquisition of that liquor for sale, supply or disposal by the club or that secretary.(6), (7) (Repealed)s 4: Am 1978 No 68, Sch 5 (1); 1982 No 149, Sch 1 (4); 1985 No 71, Sch 1 (1); 1985 No 78, Sch 1 (1); 1986 No 78, Sch 1 (1) (am 1986 No 218, Sch 47); 1987 No 48, Sch 31; 1988 No 93, Sch 1; 1990 No 29, Schs 1 (1), 2 (1), 3 (1); 1992 No 48, Sch 1; 1993 No 29, Schs 1 (1), 2 (1), 3 (1), 5 (1); 1994 No 43, Sch 1 (7); 1994 No 50, Sch 1 (1); 1995 No 11, Sch 1.109 [1] [2]; 1995 No 37, Sch 1 [1]–[3]; 1996 No 41, Sch 2 [2] [3]; 1996 No 42, Sch 2 [1]; 1996 No 43, Sch 2 [1]; 1996 No 103, Sch 2 [1] [2]; 1997 No 44, Sch 3 [1]; 1997 No 151, Sch 4 [1]; 1997 No 155, Sch 4 [1] [2]; 1998 No 29, Sch 2.9; 1999 No 27, Sch 2 [1] [2]; 1999 No 31, Sch 2.35 [1]; 2000 No 62, Sch 2 [1]–[3].
4A Meaning of “close associate”
(1) For the purposes of this Act, a person is a close associate of a registered club if the person:(a) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person) in the business of the club, and by virtue of that power is or will be able (in the opinion of the Licensing Court or the Director) to exercise a significant influence over or with respect to the management or operation of that business, or(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the club.(2) For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a gaming-related licence if the person:(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the Licensing Court or the Director) to exercise a significant influence over or with respect to the management or operation of that business, or(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee that is or will be carried on under the authority of the licence.(3) In this section:relevant financial interest, in relation to a business, means:(a) any share in the capital of the business, or(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business of the club is or is to be carried on (such as, for example, an entitlement of the owner of the premises of a registered club to receive rent as lessor of the premises).relevant position means:(a) the position of director, manager or secretary, or(b) any other position, however designated, if it is an executive position.relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:(a) to participate in any directorial, managerial or executive decision, or(b) to elect or appoint any person to any relevant position.(4) A financial institution is not a close associate within the meaning of this section by reason only of having a relevant financial interest in relation to a business.s 4A: Ins 1993 No 29, Sch 5 (2). Am 1996 No 42, Sch 2 [2] [3].
4AA Notes in the text
Notes included in this Act are explanatory notes and do not form part of this Act.s 4AA: Ins 1994 No 43, Sch 1 (1). Am 1996 No 41, Sch 2 [4]–[6]. Rep 1997 No 155, Sch 4 [3]. Ins 1998 No 12, Sch 3 [1].
5 Premises and defined premises of registered clubs
(1) Where the Licensing Court grants an application under section 7, 17A (9), 18 (7), 19, 19A or 21 or where the Board grants an application under section 20 (being, in the case of an application under section 20, an application the granting of which would result in an alteration of the external boundaries of the premises of the club), made by or on behalf of a club, the Licensing Court or Board, as the case may be, shall, by its determination granting the application:(a) define or describe the premises of the club in respect of which the certificate of its registration is in force, and(b) specify that those premises, or such part of those premises as is defined or described by the determination, are or is the defined premises of the club.(2) The premises, defined or described as referred to in subsection (1) (a), of a registered club are, for the purposes of this Act, the premises of that registered club until other premises are, under subsection (1), defined or described as the premises of the club.(3) The premises or part of the premises of a registered club that are or is specified under subsection (1) (b) are, for the purposes of this Act, the defined premises of that registered club until the Licensing Court or Board, as the case may be, under subsection (1), specifies differently.s 5: Am 1982 No 149, Sch 9; 1985 No 71, Sch 1 (2).
5A Club may have 2 or more separate premises
(1) The premises of a registered club may comprise 2 or more sets of premises that are not contiguous.(2) A registered club shall not be issued with a separate certificate of registration in respect of different premises of the club.s 5A: Ins 1985 No 71, Sch 1 (3). Am 1988 No 93, Sch 5 (1).
6 Application of Part 2 of Liquor Act 1982 to proceedings under this Act
(1) Except as may be otherwise provided by this Act or the regulations, the provisions of Part 2 of the Liquor Act 1982 relating to:(a) the dealing with, hearing and determining of any matter in respect of which jurisdiction is given by that Act to the Licensing Court,(b) the persons who may deal with, hear and determine any such matter,(c) the practice and procedure in proceedings on any such matter, andapply to and in respect of any matter in respect of which jurisdiction is given by this Act to the Licensing Court as if it were a matter in respect of which jurisdiction was given by the Liquor Act 1982 to the Licensing Court.(d) the punishment of persons for contempt of court in proceedings on any such matter,(2) Section 11 (4) of the Liquor Act 1982 does not disqualify a person from hearing and determining any matter relating to a club by reason only of his or her being a member of a club unless the matter relates to a club of which the person is a member.s 6: Am 1982 No 149, Sch 1 (5).
6A Delegations
(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.(2) The Commissioner of Police may delegate to a person any function conferred or imposed on the Commissioner by this Act, other than this power of delegation.(3) A person to whom a function has been delegated by the Minister or the Commissioner of Police may delegate the function to another person, subject to any conditions to which the delegation by the Minister or the Commissioner is subject.(4) The Director may delegate to a person any function conferred or imposed on the Director by this Act, other than this power of delegation.s 6A: Ins 1990 No 29, Sch 1 (2).
Part 2 Registration of clubs
Division 1 Applications for certificates of registration
pt 2, div 1, hdg: Am 1982 No 149, Sch 2 (1).
7 Application for certificate of registration
An application for a certificate of registration of a club in respect of premises defined or described in the application may be made to the Licensing Court by or on behalf of the club by delivering the application to the registrar.s 7: Am 1982 No 149, Sch 9 (am 1984 No 153, Sch 16).
8 (Repealed)
s 8: Am 1978 No 68, Schs 5 (2), 6 (1). Rep 1982 No 149, Sch 2 (2).
9 Determination of application for certificate of registration
(1) Except as provided in this section, the Licensing Court shall hear and determine and grant an application made under section 7.(2) The Licensing Court shall not grant such an application:(a) if it is satisfied that:(i) an objection to the granting of the application, taken on a ground the onus of establishing which is placed by section 25 (9) on the objector, has been sustained, or(ii) where an objection to the granting of the application is taken on a ground and the onus of establishing the matter of that ground is placed by section 25 (9) on the club, the club has failed to discharge that onus, or(b) if it is not satisfied that the club meets the requirements specified in section 10 (1).(2A) The Licensing Court must not grant an application made under section 7 if the Court is of the opinion that the proposed name for the registered club is objectionable, inappropriate or misleading or is a name that is a prohibited name for the registered club under section 48 (Name of registered club).(2B) The Licensing Court must not grant an application made under section 7 unless satisfied that practices will be in place at the club as soon as the application is granted that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises of the club and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.(3) The Licensing Court shall not grant an application made under section 7 unless:(a) at least 14 days before the day appointed for the commencement of the hearing of the application, there were delivered to the registrar:(i) the application and a copy thereof, each being signed by the secretary of the club,(ii) an approved plan of the proposed premises of the club showing clearly the accommodation proposed to be provided in those premises,(iii) such other particulars relating to those premises as may be prescribed,(iv) 2 printed copies of all of the rules of the club (except the rules contained in section 30 (1) and (2)), each copy certified as correct under the hand of the secretary of the club, and(v) a statement, verified by statutory declaration made by the secretary of the club, of the names and addresses of all ordinary members and all life members of the club at the date of the application, and(b) at least 7 days before the day appointed for the commencement of the hearing of the application, a copy of the application was published as prescribed and, where the regulations so required, was exhibited as prescribed.(4), (5) (Repealed)(6) The provisions of subsection (2) (a) (i) and (b) do not prevent the Licensing Court from granting an application made under section 7 if it is satisfied that:(a) the grounds of the objections, if any, referred to in subsection (2) (a) (i) that have been sustained, andare or is of a trivial nature or do not or does not warrant refusal of the application.(b) any failure of the club to meet or to have met the requirements referred to in subsection (2) (b),(7) In determining for the purposes of subsection (2) whether it is satisfied that an objection has been sustained or that the onus referred to in subsection (2) (a) (ii) has been discharged or whether it is not satisfied that a club meets the requirements referred to in subsection (2) (b), the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.(8) (Repealed)s 9: Am 1978 No 68, Sch 6 (2); 1981 No 69, Sch 1 (1); 1982 No 149, Schs 2 (3), 9; 1990 No 29, Sch 3 (2); 1994 No 43, Sch 1 (2); 1996 No 41, Sch 2 [7].
9A Conditions relating to certificate of registration
(1) The certificate of registration of a club is subject to such conditions as the Licensing Court imposes:(a) on the hearing of any matter relating to the club—of its own motion or on the application of:(i) a party to the hearing, or(ii) the Director or the Commissioner of Police, or(b) at any other time—on the application of the Director or the Commissioner of Police.(1A) It is a condition of the certificate of registration of a club that the club must comply with any provision of the regulations under section 44B (Responsible service) or 44C (Responsible conduct of gambling activities) with which the club is required to comply.(1B) Without limiting this section, a condition can be imposed under this section that prohibits or restricts activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).(1C) Without limiting this section, a condition can be imposed by the Licensing Court or the Board that authorises or requires a registered club, in specified circumstances:(a) to cease to serve liquor at the club premises, oror both, from a time of day that is earlier than the time at which, as otherwise required by the conditions of registration, trading must cease.(b) to restrict the public’s access to the club premises in a manner and to the extent provided by the condition,(2) The Licensing Court may revoke or vary a condition to which the certificate of registration of a club is subject and which has been imposed by it:(a) in the same way as it may impose such a condition, or(b) on application made by or on behalf of the club.(3) The certificate of registration of a club is subject to such conditions relating to the keeping of a poker machine by the club as are imposed by the Board:(a) when authorising the keeping of the poker machine, orif the club has first been given an opportunity to make submissions in relation to the proposed condition.(b) at any subsequent time on the application of the Principal Registrar or the Director or the Commissioner of Police,(3A) The certificate of registration of a club is subject to such conditions as a member of the Board imposes on the hearing of a complaint under section 17AA.(3B) The certificate of registration of a club is subject to any condition that is imposed under this Act in relation to an approved gaming device or an authorised centralised monitoring system.(4) The Board may revoke or vary a condition referred to in subsection (3) or (3A) on the application of the Principal Registrar, the Director or the Commissioner of Police or the club.(5) The certificate of registration of a club is subject to a condition requiring the club to comply with the provisions of Divisions 1 and 2 of Part 10 whether or not the club, the secretary of the club, or a member of the governing body of the club, has been convicted of an offence against any of those provisions.(5A) It is a condition of the certificate of registration of a club that the secretary of the club is not to provide a cash advance on the club premises, or permit or suffer a cash advance to be provided on the club premises on behalf of the club, otherwise than as a prize won as a direct or indirect consequence of operating a poker machine in accordance with this Act and the other conditions to which the registration of the club is subject.(5B) It is a condition of the certificate of registration of a club that the secretary of the club must not permit or suffer the operation of a poker machine on the club premises if the poker machine is capable of being operated to provide cash or credit otherwise than as a prize.(6) The regulations may prescribe conditions to which the certificate of registration of a club is to be subject.s 9A: Ins 1980 No 25, Sch 1 (1). Subst 1982 No 149, Sch 2 (4). Am 1986 No 78, Sch 1 (1); 1990 No 29, Schs 2 (2), 4; 1990 No 43, Sch 1 (1); 1993 No 29, Sch 5 (3); 1996 No 41, Sch 2 [8]; 1997 No 44, Sch 3 [2]; 1999 No 49, Sch 6 [3]; 2000 No 62, Sch 2 [4].
10 Requirements to be met by clubs
(1) For the purposes of sections 9 and 17 (1AA) (a), the requirements in relation to a club are as follows:(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 Corporations Act 2001 of the Commonwealth, or(ii) if the club was registered, or applied for registration, before the commencement of Part 10—a co-operative under the Co-operatives Act 1992 or a corporation constituted by another Act.(c) The membership of the club shall consist of or include not more than such number of full members as is prescribed in respect of it by section 11.(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.(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:(i) the fact that the club has applied for registration, or(ii) the registration of the club, orunless it is a profit, benefit or advantage derived from dealings reasonably carried out, or contracts reasonably made, with the club in the ordinary course of its lawful business.(iii) any added value that may accrue to the premises of the club because the club has applied for, or is granted, registration,(k) The secretary or manager, or any employee, or 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 receive, directly or indirectly, any payment calculated by reference to 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.(l) The club shall keep correct accounts and books in respect of the financial affairs of the club showing the particulars usually shown in accounts and books of a like nature.(2) For the purposes of determining whether a club is conducted in good faith as a club, as referred to in subsection (1) (a):(a) regard shall be had to the nature of the premises of the club, and(b) the club shall be deemed not to be so conducted if it has engaged or advertised that it is prepared to engage in selling liquor or providing food for consumption away from the defined premises of the club at functions sponsored by and paid for by persons who are not members of the club.(3) Subsection (1) (b) does not apply in respect of Tattersall’s Club referred to in the Tattersall’s Club Act of 1888, City Tattersall’s Club referred to in the City Tattersall’s Club Act of 1912, Newcastle Tattersall’s Club referred to in the Newcastle Tattersall’s Club Act 1945, the Newcastle International Sports Centre Club referred to in section 9 (1) of the Newcastle International Sports Centre Act 1967 or in respect of any club declared under section 13 (1) (a) to be an exempt club for the purposes of this subsection.(4) Subsection (1) (c) does not apply in respect of the Sydney Cricket Ground Club or in respect of any club declared under section 13 (1) (a) to be an exempt club for the purposes of this subsection.(5) Subsection (1) (e) (ii) does not apply in respect of any club declared under section 13 (1) (b) to be an exempt club for the purposes of this subsection.(6) A club does not fail to meet the requirement specified in subsection (1) (i) or (1) (j) by reason only that a member of the club derives or is entitled to derive any profit, benefit or advantage from the club that is not offered equally to every full member of the club if:(a) the member derives or is entitled to derive the profit, benefit or advantage, not being a profit, benefit or advantage referred to in paragraph (b), pursuant to a contract (including a contract of employment) or agreement with the club and the deriving of or entitlement to the profit, benefit or advantage is, in the opinion of the Licensing Court, reasonable in the circumstances of the case, or(b) the profit, benefit or advantage consists only of a sum of money paid to the member in respect of his or her services as a member of the governing body or of any committee of the club and that payment has been approved by a resolution passed at a general meeting on which the persons entitled to vote are the same as the persons entitled to vote at the annual election of the governing body of the club, or(c) the profit, benefit or advantage consists only of hospitality in the nature of reasonable food or refreshment offered by the holder of a current dealer’s licence, seller’s licence or adviser’s licence in the normal course of a sale of a poker machine on the licensee’s premises, or at a display of a poker machine that is held anywhere in the State for the purpose of directly promoting the products or services of the licensee, or(d) the profit, benefit or advantage consists only of the payment of out-of-pocket expenses that are of a kind authorised by a current resolution of the governing body and are reasonably incurred by a member of the club, or by the secretary or any other employee, in the course of carrying out his or her duties in relation to the club.(6A) Subsection (1) (i) does not prevent a club from providing different benefits for different classes of members if:(a) the different benefit was being lawfully provided immediately before the commencement of this subsection, or(b) the different benefit is not in the form of money or a cheque or promissory note and is the subject of a current authorisation given by a general meeting of the members prior to the benefit being provided.(7) A club does not fail to meet the requirement specified in subsection (1) (j) by reason only that a person derives or is entitled to derive any profit, benefit or advantage as referred to in subsection (1) (j) if, in the opinion of the Licensing Court, the deriving of or entitlement to the profit, benefit or advantage is reasonable in the circumstances of the case.s 10: Am 1981 No 123, Sch 8; 1982 No 149, Sch 9; 1986 No 78, Sch 2 (1); 1990 No 29, Sch 3 (3); 1993 No 29, Sch 5 (4); 1994 No 50, Sch 1 (2); 2001 No 34, Sch 4.51 [1].
11 Calculation of maximum number of full members
(1) In this section:countable member, in relation to a club, means any member who, at the prescribed date, was, under the rules of the club, a full member, an ordinary member, a restricted member, a social member, an associate member or a member of any other class that may be prescribed.prescribed date:(a) in relation to a club the certificate of registration (being a certificate of registration under the Liquor Act 1912) of which was granted on or before 30 June 1969, means 30 June 1969, or(b) in relation to a club the certificate of registration (being a certificate of registration under the Liquor Act 1912) of which was granted after 30 June 1969 and before the commencement of the Liquor (Amendment) Act 1969, means the date on which that certificate of registration was granted.(2) For the purposes of section 10 (1) (c), the number of full members prescribed in respect of a club is:(a) where at the prescribed date the number of countable members was 5,000 or less—6,250,(b) where at the prescribed date the number of countable members was more than 5,000 but not more than 10,000—the number that is equal to the number of countable members at that date plus one-quarter of the number of countable members at that date,(c) where at the prescribed date the number of countable members was more than 10,000—the number that is equal to the number of countable members at that date plus one-eighth of the number of countable members at that date, oror such other number as may be determined in respect of the club under subsection (3) or as may have been determined under section 134A (4) of the Liquor Act 1912, as in force at any time before the commencement of this Act.(d) except as provided in paragraph (a), (b) or (c)—6,250,(3) The Licensing Court, on application made by a club, may in circumstances which it deems special determine in respect of the club a number that is greater than the number prescribed under subsection (2).(4) On the hearing of an application under subsection (3) the Licensing Court shall take into consideration, in addition to all other matters that to it seem relevant:(a) any hardship which would be caused to the club if the application were not granted,(b) the purposes for which the club is established, the activities pursued by its members and any special objects of the club that, in the opinion of the Licensing Court, would render it desirable to allow the club to increase the number of its full members beyond the number that would otherwise be applicable to the club, and(c) any financial or other embarrassment likely to be occasioned to the club, being a club which has facilities sufficient to accommodate an increase in the number of its full members beyond the number that would otherwise be applicable to the club.(d) (Repealed)(5) An application may be made under subsection (3) in respect of a proposed amalgamated club, but any determination of the Licensing Court shall not have effect unless it is confirmed in an order referred to in section 17A (9) relating to the amalgamation.s 11: Am 1978 No 68, Sch 7; 1982 No 149, Schs 2 (5), 9; 1985 No 71, Sch 1 (4).
12 Calculation of minimum number of ordinary members
For the purposes of section 10 (1) (d), the number of ordinary members prescribed in respect of a club:(a) whose premises are situated within a radius of 24 kilometres from the General Post Office in Sydney is:(i) in a case where a certificate of registration under the Liquor Act 1912 in respect of the club was in force immediately before the commencement of the Liquor (Amendment) Act 1954—sixty, or(ii) in any other case—200 or such lesser number, not being less than 60, as the Licensing Court may in special circumstances determine in respect of the club, or(b) whose premises are situated elsewhere, is:(i) in a case where a certificate of registration under the Liquor Act 1912 was in force immediately before the commencement of the Liquor (Amendment) Act 1954—thirty, or(ii) in any other case—100 or such lesser number, not being less than 30, as the Licensing Court may in special circumstances determine in respect of the club.s 12: Am 1982 No 149, Sch 9.
13 Exempt clubs
(1) The Governor may, by order published in the Gazette:(a) declare any club to be an exempt club for the purposes of section 10 (3) or (4), or(b) declare any club to be an exempt club for the purposes of section 10 (5) if:(i) the purposes, referred to in section 10 (1) (e) (i), for which the club is established are primarily athletic purposes, and(ii) the management of the club is vested in trustees appointed by the Governor.(2) The trustees of any club declared under subsection (1) (b) to be an exempt club shall, for the purposes of this Act, be deemed to be the governing body of the club.
14 Issue of certificate of registration
(1) Where an application for a certificate of registration in respect of a club is granted, the registrar or the Principal Registrar shall, upon payment to him or her of the fee determined in accordance with subsection (2), issue to the club a certificate of registration in the form approved by the Board.(2) The fee referred to in subsection (1) is an amount fixed by the Board, being an amount that does not exceed an amount calculated at the rate of $2 for each ordinary member of the club at the date of the grant of the application.(3) A fee is not payable under subsection (1) in respect of the issue of a certificate of registration to an amalgamated club.s 14: Am 1978 No 68, Schs 5 (3), 6 (3). Subst 1982 No 149, Sch 2 (6). Am 1985 No 71, Sch 1 (5); 1993 No 29, Sch 5 (5); 1994 No 43, Sch 1 (5).
15–15AA (Repealed)
s 15: Am 1978 No 68, Schs 5 (4), 6 (4); 1979 No 151, sec 3; 1981 No 69, Sch 1 (2); 1982 No 50, sec 2 (am 1984 No 153, Sch 16); 1982 No 149, Sch 2 (7); 1985 No 71, Sch 1 (6); 1987 No 2, Sch 1 (1); 1987 No 209, Sch 44; 1992 No 48, Sch 1; 1993 No 56, Sch 1 (1); 1994 No 50, Sch 1 (3). Rep 1997 No 155, Sch 4 [4].
s 15A: Ins 1992 No 48, Sch 1. Rep 1997 No 155, Sch 4 [4].
s 15AA: Ins 1994 No 43, Sch 1 (21). Rep 1997 No 155, Sch 4 [4].
16 Duration of certificate of registration
(1) Except during any period when it is by this Act deemed not to be in force, the certificate of registration of a club continues in force until its surrender in writing is accepted by the Board or it is sooner cancelled.(2) Subject to subsection (3), where a club appeals against a decision of the Licensing Court:(a) cancelling the certificate of registration of the club, or(b) (Repealed)the certificate of registration of the club continues in force until the appeal is finally disposed of.(c) imposing a penalty under section 17 (2) (c) (the penalty being unpaid),(3), (4) (Repealed)s 16: Am 1978 No 68, Sch 6 (5); 1981 No 69, Sch 1 (3). Subst 1982 No 149, Sch 2 (8). Am 1993 No 29, Sch 5 (6); 1993 No 57, Sch 1 (1); 1997 No 155, Sch 4 [5].
17 Determination of complaints against registered clubs
(1) Upon a complaint made as provided by subsection (1AA), (1AB) or (1AC), a Magistrate or licensing magistrate, or the Principal Registrar, may issue a summons calling on a registered club to show cause why its certificate of registration should not be cancelled.(1AA) Except in the case of a club referred to in section 72, a complaint for the purposes of subsection (1) may be made by the Commissioner of Police or the Director, or by the local consent authority or a person specified in section 26 (2) (b) or (c) and may be so made on any one or more of the following grounds:(a) on the ground that any one or more of the following subparagraphs is applicable:(i) the requirements specified in section 10 (1) are not being met, or have not been met, in relation to the club,(ii) having regard to existing facilities and social amenities available to meet the purposes of the club, the club is not required to meet a genuine and substantial need,(iii) undue competition and economic waste will result if the certificate of registration continues in force,(iv) the quiet and good order of the neighbourhood in which the premises of the club are situated will be disturbed if the certificate of registration continues in force,(v) the supply of liquor to the club or on the premises of the club has not been under the control of the governing body of the club,(vi) liquor has been illegally sold, supplied or disposed of on the premises of the club during the period of 2 years that last preceded the making of the complaint,(vii) the secretary of the club or one or more members of the governing body of the club are not fit and proper persons to act as such,(viii) the club has habitually been used mainly for the supply of liquor,(ix) persons have already habitually carried liquor away, or have attempted to carry liquor away, from the premises of the club in contravention of section 46,(x) the club has failed to comply with the provisions of section 37, 39, 40, 48 or 49, whether or not it has been convicted of an offence in respect of that failure,(xi) a rule of the club referred to in section 30 (1) has been broken or any other rule of the club has been habitually broken,(xia) (Repealed)(xii) the club has been conducted, or the premises of the club have been habitually used, for an unlawful purpose,(xiii) intoxicated persons have frequently been on the premises of the club or have frequently been seen to leave those premises,(xiv) the club has failed to comply with a condition to which its certificate of registration is subject,(xv) that the club has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),(xvi) that acts involving violence against persons or damage to property have frequently been committed on or near the premises of the club by persons who have been on the premises of the club,(xvii) that the club engaged in conduct or activities in relation to gambling at the club that have encouraged, or are likely to encourage, the misuse and abuse of gambling activities,(b) on the ground that the club has done anything in respect of which it may make an application under Division 2 without the Licensing Court or Board, as the case may require, having granted an application for it to do that thing,(c) (Repealed)(d) on the ground that the club has ceased to exist,(e) on any other ground that the person issuing the summons is satisfied is not frivolous or vexatious.(1AB) In the case of a club referred to in section 72, a complaint for the purposes of subsection (1) may be made by the Commissioner of Police or the Director on a ground referred to in subsection (1AA).(1AC) The local consent authority in relation to the premises of a club may make a complaint for the purposes of subsection (1) on the ground that the club premises are being opened for business even though the club has failed to comply with a direction or order of the local consent authority requiring specified work to be carried out in relation to the club premises.(1A) If a registered club is convicted of an offence arising under the provisions of section 50 (1) (a) that relates to a person under the age of 18 years and, within the previous 3 years (those previous 3 years being after the commencement of this subsection), the registered club had been convicted of another offence arising under those provisions that occurred on a different day, the Commissioner of Police shall, as soon as practicable after the later conviction, make a complaint for the purposes of subsection (1).(2) Subject to subsection (3), the Licensing Court constituted as provided by section 9 (1) (a) or (b) of the Liquor Act 1982 shall hear and determine the matter of the complaint and, if it is satisfied that the ground upon which the complaint was made has been made out, may do any one or more of the following:(a) cancel the certificate of registration or functions authority of the club or an approval under section 22A relating to the premises of the club,(b) suspend the functions authority of the club or an approval under section 22A relating to the premises of the club,(c) order the club to pay a penalty not exceeding 2,500 penalty units, or 5,000 penalty units if circumstances of aggravation exist in relation to the complaint, within such time as may be specified in the order,(d) subject the certificate of registration or functions authority of the club or an approval under section 22A relating to the premises of the club to a specified condition,(e) appoint a person to administer the affairs of the club who, on appointment and until the Licensing Court orders otherwise, has, to the exclusion of any other person or body of persons, the functions of the governing body of the club,(f) declare (subject to section 17AAA) that each person specified in the declaration is, for such period as is specified in the declaration, ineligible to stand for election or to be appointed to, or to hold office in, the position of secretary or member of the governing body (or both of those positions) of:(i) the club, and(ii) if the Licensing Court so declares—all other registered clubs or such other registered clubs as are specified or as are of a class specified in the declaration,or may take no action.(g) (Repealed)(2A) For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:(a) the complaint concerns a contravention or alleged contravention of section 44A (Conduct on club premises) or 54A (Sale of stolen goods and possession, use or sale of drugs not to be permitted on premises of registered clubs),(b) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Licensing Court when circumstances of aggravation exist,(c) the Licensing Court, in finding that the matter of the complaint has been made out, is of the opinion (having regard to such matters as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention, the seriousness of the outcome of the contravention, or other relevant considerations) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Licensing Court when circumstances of aggravation exist.(3) The Licensing Court shall not hear and determine the matter of a complaint against a club under subsection (1) unless:(a) where the complaint was made by a person specified in section 26 (2) (b) or (c)—there was annexed to the complaint at the time it was made an affidavit specifying:(i) whether the complaint is based exclusively on considerations of public interest,(ii) whether the complainant has any direct or indirect pecuniary interest in the success of the proceedings on the complaint or any expectation of such an interest and, if so, particulars thereof, and(iii) whether any person other than the complainant is directly or indirectly interested in the making of the complaint, and(b) the summons issued on the complaint, with a copy of that affidavit annexed, was served on the club not later than 10 days before the day appointed for the hearing of the matter of the complaint.(3A) The Licensing Court shall dismiss a complaint made on the ground referred to in subsection (1AA) (e) if it considers that:(a) the complaint is frivolous or vexatious, or(b) the ground is not a proper ground of complaint.(3B) (Repealed)(4) The provisions of section 25 (8), (9) and (10) apply to a complaint under this section in the same way as they apply to an objection.(5) The onus of establishing the ground of a complaint under this section lies on the complainant except where the ground is that the requirements specified in section 10 (1) are not being met, or have not been met, in relation to a club, in which case the onus of proving that those requirements are being met or have been met (as appropriate) lies on the club.(6) When hearing and determining the matter of a complaint under this section, the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.(7) So long as any amount ordered to be paid by a registered club under subsection (2) (c) remains unpaid after the time ordered for the payment thereof, the certificate of registration of the club shall be deemed not to be in force.s 17: Am 1980 No 25, Sch 1 (2); 1982 No 149, Schs 2 (9), 9; 1984 No 153, Sch 12 (2); 1985 No 71, Sch 1 (7); 1985 No 78, Sch 1 (2); 1986 No 78, Sch 2 (2); 1987 No 2, Sch 1 (2); 1987 No 48, Sch 31; 1989 No 226, Sch 1; 1990 No 29, Schs 2 (3), 3 (4); 1990 No 43, Sch 1 (2); 1993 No 29, Sch 5 (7); 1993 No 56, Sch 1 (2); 1993 No 57, Sch 1 (2); 1994 No 43, Sch 1 (8); 1994 No 50, Sch 1 (4); 1995 No 11, Sch 1.109 [3]; 1996 No 41, Sch 2 [9]–[13]; 1996 No 42, Sch 2 [4]–[7]; 1996 No 43, Sch 2 [2]; 1997 No 155, Schs 4 [6], 5 [1]; 1999 No 49, Sch 6 [5].
17AAA Declarations concerning ineligibility of persons to be secretary or member of governing body
(1) This section applies to the power of the Licensing Court to make a declaration under section 17 (2) (f) in connection with a complaint about a registered club.(2) The Licensing Court must not make a declaration in relation to 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.(3) The Licensing Court may make a declaration in relation to a person regardless of whether the grounds on which the complaint under section 17 was made included the ground that the person was not a fit and proper person to act as secretary or member of the governing body of the registered club.(4) The Licensing Court may make a declaration in relation to a person regardless of whether a complaint has been made under section 35 in relation to the person.(5) If the Licensing Court makes a declaration in relation to a person, the position of the person as secretary or member of the governing body of any registered club to which the declaration relates immediately becomes vacant.(6) A person must not, during the period for which the person is declared ineligible for a position, stand for election or accept appointment to, or hold office in, that position.Maximum penalty: 10 penalty units.(7) Despite any other law, if the Licensing Court makes a declaration in relation to a person, the person is not, in consequence of the declaration or of anything done to give effect to the declaration, entitled to compensation or damages from the club of which he or she was the secretary or a member of the governing body, unless the Licensing Court specifies in the declaration that the declaration does not affect the rights, if any, of the person to compensation or damages from the club.(8) A vacancy in the position of a member of the governing body of a registered club resulting from a declaration may be filled as a casual vacancy.s 17AAA: Ins 1993 No 57, Sch 1 (3).
17AA Quiet and good order of neighbourhood
(1) If a written complaint is made to the Board of undue disturbance of the quiet and good order of the neighbourhood of a registered club caused by:(a) the manner in which the business of the club is conducted, or(b) the behaviour of persons after they have left the club premises, orthe Board may convene a conference to hear submissions relating to the complaint.(c) the manner in which the business of the club is conducted and the behaviour of persons after they have left the club premises,(1A) A complaint under this section must be made or verified by statutory declaration.(1AA) A complaint under this section can be made only by:(a) a person authorised in writing by 3 or more persons residing in the neighbourhood of the club premises or a person who is such a resident and is authorised in writing by 2 or more other such residents, or(b) the Commissioner of Police, or(c) a person authorised by the local consent authority in relation to the club premises, or(d) a person who satisfies the Board that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates, or(e) the Director.(1AB) A complaint may relate to more than one registered club.(1AC) A conference may relate to more than one complaint.(1AD) A conference convened in relation to a registered club the subject of a complaint may be extended to include any other registered club, and any licensed premises within the meaning of the Liquor Act 1982, if the Board is satisfied:(a) that the evidence given in support of the complaint would support a complaint against the other registered club or licensed premises, or(b) that, assuming that the complaint is shown to be justified, action taken in relation to the registered club the subject of the complaint will be ineffective unless similar action is taken in relation to the other registered club or licensed premises.(1AE) Any registered club or licensed premises to which a conference is extended as referred to in subsection (1AD) is, for the purposes of this section, taken to be the subject of a complaint, and this section applies to the complaint:(a) as if the complaint had been made under subsection (1), and(b) as if a reference in this section to a registered club included a reference to licensed premises, and(c) as if a reference in this section to a certificate of registration included a reference to a licence.(1AF) Action taken under this section in relation to licensed premises has effect under the Liquor Act 1982 in the same way as if it had been taken under section 104 of that Act in relation to a complaint dealt with under that section.(2) Notice of the time and place for the conference is to be given to all complainants and the registered club or registered clubs as directed by the Board.(3) The conference is to be presided over by a member of the Board who may, in relation to a registered club’s certificate of registration, after giving each complainant present and the registered club (if a representative is present) a reasonable opportunity to be heard in relation to the complaint:(a) impose, vary or revoke conditions to which the certificate of registration of the club is subject, or(a1) cancel or suspend the functions authority of the club, or impose, vary or revoke conditions to which the functions authority of the club is subject, or(b) adjourn the conference subject to implementation and continuation of undertakings given by the club, or(c) issue a warning to the club, or(d) take no action.(4) The conditions that may be imposed on the registration or functions authority of a club include, but are not limited to, conditions relating to:(a) noise abatement, or(b) prohibition of the sale or supply of liquor before 10 am and after 11 pm, or(c) noise abatement and such a prohibition, or(d) prohibition of or restriction on activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), or(e) limitation of trading hours and public access as referred to in section 9A (1C).(5) Procedure at the conference (including any decision to adjourn the conference) is to be determined by the presiding member of the Board.(6) The functions exercised by the member of the Board presiding at the conference are to be taken to be functions of the Board delegated to the presiding member under section 75 of the Liquor Act 1982.(7) For the purposes of Part 5 (Appeals) a decision of the member of the Board presiding at the conference is to be taken to be an adjudication made by a licensing magistrate sitting alone.(8) The lodging of an appeal against the decision of a member of the Board under this section does not operate to stay the decision unless the Licensing Court as constituted by section 10 of the Liquor Act 1982, on application or of its own motion, otherwise directs.(9) If a condition restricting the trading hours of a registered club is imposed under this section, an application to vary or revoke the condition may not be made by or on behalf of the registered club during the period of 6 months that next succeeds the imposition of the condition, except with the leave of the Board granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based.s 17AA: Ins 1990 No 43, Sch 1 (3). Am 1993 No 29, Sch 5 (8); 1994 No 43, Sch 1 (6) (9); 1994 No 50, Sch 1 (5); 1995 No 37, Sch 1 [4] [5]; 1996 No 41, Sch 2 [14] [15]; 1999 No 12, Sch 2 [1]–[4]; 2000 No 62, Sch 2 [5].
17AAB Order by authorised justice for short-term closure of premises
(1) An authorised justice may, by notice served on a registered club, order the club to close its premises from a time specified in the order until a later specified time.(2) An authorised justice may only make an order under this section:(a) on the application of the Director or the Commissioner of Police, and(b) if satisfied that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.(3) Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:(a) a threat to public health or safety, or(b) a risk of substantial damage to property, or(c) a significant threat to the environment, or(d) a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.(4) An order may not require the closure of premises for a period longer than 72 hours.(5) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than 72 hours.(6) If a registered club fails to comply with an order made under this section, the club and the secretary of the club are each guilty of an offence.Maximum penalty (subsection (6)): 50 penalty units or imprisonment for 6 months, or both.(7) Two or more orders closing the same premises may not be made under this section in any period of one week.ss 17AAB–17AAE: Ins 1996 No 42, Sch 2 (8).
17AAC Urgent application for order under section 17AAB
(1) An application under section 17AAB may be made by telephone.(2) An authorised justice must not issue an order under section 17AAB on an application made by telephone unless satisfied that the order is required urgently and that it is not practicable for the application to be made in person.(3) An application under this section must be made by facsimile if the facilities to do so are readily available for that purpose.(4) An authorised justice who issues an order under section 17AAB on an application made by telephone must:(a) complete and sign the order, and(b) furnish the order to the applicant or inform the applicant of the terms of the order and of the date and time when it was signed.(5) If an order under section 17AAB is issued on an application made by telephone and the applicant is not furnished with the order, the applicant must:(a) complete a form of order in the terms indicated by the authorised justice under subsection (4), and(b) write on the form the name of the authorised justice and the date and time when the order was signed.(6) A form of order so completed is taken to be an order issued under section 17AAB.(7) An order under section 17AAB issued on an application made by telephone is to be furnished by an authorised justice by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.(8) In this section:(a) telephone includes radio, facsimile or other communication device, and(b) a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.ss 17AAB–17AAE: Ins 1996 No 42, Sch 2 (8).
17AAD Order by Licensing Court for closure of premises
(1) The Licensing Court may, on the application of the Director or the Commissioner of Police, order a registered club to close its premises from a time specified in the order until a later specified time.(2) The Licensing Court may only make an order under this section if:(a) the club or the secretary of the club is the subject of a police investigation or a complaint has been made in relation to the club under section 17, and(b) the club has been given notice of the application for closure and has been given an opportunity to appear before the Licensing Court and be heard in relation to the application, and(c) the Licensing Court is of the opinion that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.(3) Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:(a) a threat to public health or safety, or(b) a risk of substantial damage to property, or(c) a significant threat to the environment, or(d) a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.(4) An order ceases to have effect at the time specified or when the complaint is determined under this Act, whichever is the earlier.(5) An order may not require the closure of premises for a period longer than the period prescribed by the regulations.(6) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than that permitted under subsection (5).(7) If a registered club fails to comply with an order made under this section, the club and the secretary of the club are each guilty of an offence.Maximum penalty (subsection (7)): 50 penalty units or imprisonment for 6 months, or both.ss 17AAB–17AAE: Ins 1996 No 42, Sch 2 (8).
17AAE Further closure orders
(1) The Licensing Court may grant 2 or more orders in respect of premises under section 17AAD.(2) An application for another order may be made, and determined, before the end of a current order.ss 17AAB–17AAE: Ins 1996 No 42, Sch 2 (8).
Division 1A
17AB–17AG (Repealed)
pt 2, div 1A: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7].
ss 17AB–17AF: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7].
s 17AG: Ins 1993 No 56, Sch 1 (3). Am 1994 No 43, Sch 1 (24). Rep 1997 No 155, Sch 4 [7].
Division 2 Other applications
17A Amalgamation of registered clubs
(1) In this section, a reference to the amalgamation of 2 or more registered clubs is a reference to an amalgamation to be effected:(a) by the dissolution of those clubs and the formation of a new club, or(b) by the continuation of one of those clubs and the dissolution of the other club or clubs.(2) Where 2 or more registered clubs propose to amalgamate, a conditional application for approval of the amalgamation may be made to the Licensing Court by or on behalf of those clubs by delivering the conditional application to the Principal Registrar.(3) For the purposes of a conditional application under this section, the proposed premises of an amalgamated club may, subject to section 5A, comprise any combination of the following:(a) the existing premises of the registered clubs that are parties to the amalgamation, including any such existing premises that are proposed to be added to or altered,(b) other existing premises, including other existing premises that are proposed to be added to or altered,(c) new premises that are proposed to be erected.(4) The Licensing Court shall hear and determine an application made under subsection (2) and, except as provided by this section, shall grant the application either unconditionally or subject to such conditions as it thinks fit.(5) The Licensing Court shall not grant the application:(a) if it is satisfied that:(i) an objection to the granting of the application, taken on a ground the onus of establishing which is placed by section 25 (9) on the objector, has been sustained, or(ii) where an objection to the granting of the application is taken on a ground and the onus of establishing the matter of that ground is placed by section 25 (9) on the clubs, the clubs have failed to discharge that onus, or(a1) if it is of the opinion that the proposed name for the registered club to be formed by the amalgamation is objectionable, inappropriate or misleading or is a name that is a prohibited name for the registered club under section 48 (Name of registered club), or(b) if it is not satisfied that the proposed amalgamated club will meet the requirements specified in section 10 (1), or(c) if it is not satisfied that:(i) the proposed amalgamated club will be financially viable,(ii) the proposed amalgamation is in the interests of the members of both of the clubs that are parties to the amalgamation, or(iii) the application has been approved in principle at separate extraordinary general meetings of the ordinary members of each of the clubs that are parties to the amalgamation (being in each case an approval supported by a majority of the votes cast at the meeting).(6) The Licensing Court shall not grant the application unless:(a) at least 14 days before the day appointed for the commencement of the hearing of the application, there were delivered to the Principal Registrar:(i) the application and a copy thereof, each being signed by the secretary of each club which is a party to the amalgamation,(ii) an approved plan of the proposed premises of the amalgamated club showing clearly the accommodation proposed to be provided in those premises,(iii) 2 copies of the proposed rules of the amalgamated club (except the rules contained in section 30 (1) and (2)), and(iv) such other particulars relating to the amalgamation as may be prescribed, and(b) at least 7 days before the day appointed for the commencement of the hearing of the application, a copy of the application was published as prescribed and, where the regulations so require, was exhibited as prescribed.(7) The provisions of subsection (5) (a) (i) and (b) do not prevent the Licensing Court from granting the application if it is satisfied that:(a) the grounds of the objections, if any, referred to in subsection (5) (a) (i) that have been sustained, andare or is of a trivial nature or do not or does not warrant refusal of the application.(b) any failure of the proposed amalgamated club to meet the requirements referred to in subsection (5) (b),(8) An application for the variation of the grant of a conditional application previously granted under this section may be made to the Licensing Court by or on behalf of the clubs concerned by delivering the application to the Principal Registrar and the Licensing Court shall hear and determine an application made under this subsection and, upon such terms as to it seem proper, may vary the grant of that conditional application and the conditions to which it is subject.(9) After the grant under this section of a conditional application for approval of an amalgamation, an application:(a) for an order cancelling the certificate of registration of any registered club that is a party to the amalgamation and that is to be or has been dissolved,(b) where the amalgamation is effected by the formation of a new club—for an order that a certificate of registration be issued to the new club, andmay be made to the Licensing Court by or on behalf of the amalgamated club by delivering the application to the Principal Registrar.(c) where the amalgamation is effected by the continuation of one of the clubs that is a party to the amalgamation—for an order that the certificate of registration of that club be endorsed or amended so that it indicates in accordance with the grant of that conditional application the premises of that club upon amalgamation,(10) The Licensing Court shall, upon an application being made under subsection (9), make the order applied for:(a) except where the Licensing Court is satisfied that the amalgamation has not been effected under the relevant law or will not have been effected under the relevant law by the time the order has effect,(b) except where an appeal against the granting of the conditional application has been made and that appeal:(i) has not been heard and determined or otherwise disposed of, or(ii) has been upheld,(c) except where the Licensing Court is satisfied that any objection taken to the making of the order has been sustained, or(d) except where any conditions subject to which the conditional application was granted have not been complied with.(11) Subsection (10) (c) does not prevent the Licensing Court from making an order referred to in subsection (9) if it is satisfied that the grounds of the objections, if any, that have been sustained are of a trivial nature or do not warrant refusal of the order.(12) Subsection (10) (d) does not prevent the Licensing Court from making an order referred to in subsection (9) if it is satisfied that non-compliance with the conditions, if any, does not warrant refusal of the order.(13) In determining for the purposes of subsections (5) and (10) (c) whether it is satisfied that an objection has been sustained or that the onus referred to in subsection (5) (a) (ii) has been discharged or whether it is not satisfied that a proposed amalgamated club meets or will meet, as the case may be, the requirements referred to in subsection (5) (b), the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.(14) A reference in any provision of this Act to the premises of a club shall, for the purpose of dealing with an application under this section, be construed as a reference to the premises of the club when erected, added to or altered as referred to in the conditional application or in the variation of the grant of the conditional application.(15) The Licensing Court may, in an order referred to in subsection (9), give such directions as it considers appropriate in relation to the disposition of any complaint or objection under this Act that is pending against a club that is a party to the amalgamation.(16) A separate conditional application under section 18 or a separate application under section 19 or 19A shall not be made in respect of the premises of a proposed amalgamated club, but the matter shall be dealt with in a conditional application under this section.s 17A: Ins 1985 No 71, Sch 1 (8). Am 1988 No 93, Sch 5 (2); 1990 No 29, Sch 3 (2); 1994 No 43, Sch 1 (3).
18 Conditional application in relation to new premises or premises to be added to or altered
(1) Where:(a) a club, not being a registered club, proposes to have as its premises new premises,(b) a registered club proposes to move from its existing premises to new premises, orthat are proposed to be erected or that are existing premises that are proposed to be added to or altered, a conditional application:(b1) a registered club proposes to increase the area of its premises by the acquisition of additional new premises (being premises that are not contiguous to its existing premises),(c) in the case of a club that is not a registered club—for a certificate of registration, orin respect of the new premises or the premises as added to or altered may be made to the Licensing Court by or on behalf of the club by delivering the conditional application to the registrar.(d) in the case of a registered club—for the endorsement of the certificate of its registration,(2) The Licensing Court shall hear and determine an application made under subsection (1) and, except as provided in this section, shall grant the application either unconditionally or subject to such conditions as it thinks fit.(3) The Licensing Court shall not grant the application:(a) if it is satisfied that:(i) an objection to the granting of the application, taken on a ground the onus of establishing which is placed by section 25 (9) on the objector, has been sustained, or(ii) where an objection to the granting of the application is taken on a ground and the onus of establishing the matter of that ground is placed by section 25 (9) on the club, the club has failed to discharge that onus,(b) if it is not satisfied that the club meets the requirements specified in section 10 (1), or(c) in the case of an application referred to in subsection (1) (b1)—if it is not satisfied that the application has been approved in principle at an extraordinary general meeting of the ordinary members of the club (being an approval supported by a majority of the votes cast at the meeting).(4) The Licensing Court shall not grant the application unless:(a) at least 14 days before the day appointed for the commencement of the hearing of the application, there were delivered to the registrar:(i) the application and a copy thereof, each being signed by the secretary of the club,(ii) an approved plan of the proposed premises of the club, or the proposed additional premises of the club, as the case may be, showing clearly the accommodation proposed to be provided in those premises,(iii) such other particulars relating to those premises as may be prescribed, and(iv) in the case of an application made by a club that is not a registered club, 2 printed copies of all of the rules of the club (except the rules contained in section 30 (1) and (2)), each copy certified as correct under the hand of the secretary of the club, and a statement, verified by statutory declaration made by the secretary of the club, of the names and addresses of all ordinary members and all life members of the club at the date of the application, and(b) at least 7 days before the day appointed for the commencement of the hearing of the application, a copy of the application was published as prescribed and, where the regulations so require, was exhibited as prescribed, and(c) it is satisfied that practices will be in place at the new premises (or at the premises as added to or altered) as soon as the application is granted to ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.(5) The provisions of subsection (3) (a) (i) and (b) do not prevent the Licensing Court from granting the application if it is satisfied that:(a) the grounds of the objections, if any, referred to in subsection (3) (a) (i) that have been sustained, andare or is of a trivial nature or do not or does not warrant refusal of the application.(b) any failure of the club to meet the requirements referred to in subsection (3) (b),(6) An application for the variation of the grant of a conditional application previously granted under this section may be made to the Licensing Court by or on behalf of the club concerned by delivering the application to the registrar and the Licensing Court shall hear and determine an application made under this subsection and, upon such terms as to it seem proper, may vary the grant of that conditional application by substituting:(a) for the premises specified in the conditional application other premises that are shown in an approved plan submitted to the Licensing Court with the application under this subsection, being premises proposed to be erected or added to or altered on the same site as those specified in the conditional application or on a site within the immediate vicinity of the site so specified, or(b) for the site of the premises specified in the conditional application another site within the immediate vicinity of the site so specified.(7) If, on application, the Principal Registrar is satisfied:(a) that the approval and consent by which a plan became an approved plan in relation to a conditional application have not ceased to have effect, andthe Principal Registrar is to make an order under subsection (7A), unless subsection (8) applies.(b) that the work to which the application relates has been completed substantially in accordance with the approved plan on the basis of which the conditional application was granted,(7A) The order to be made under this subsection is:(a) if the applicant club is not a registered club—an order that a certificate of registration be issued to the club in respect of the new premises, or the premises as added to or altered, or(b) if the applicant club is a registered club—an order that the certificate of registration for the club, in so far as it relates to the club premises, be altered (by endorsement or otherwise) to reflect the fact that the club premises are the new premises, or are the existing premises as added to or altered.(8) The Principal Registrar is not to make an order under subsection (7A) if:(a) an appeal made against the conditional grant:(i) has not been heard and determined and has not lapsed or been withdrawn, or(ii) has been upheld, or(b) the order applied for is an order under subsection (7A) (a) and the Licensing Court is satisfied that an objection to the making of the order has been sustained, or(c) the conditions subject to which the conditional grant was made have not been complied with.(9) Subsection (8) (b) does not prevent the Principal Registrar from making an order referred to in subsection (7A) (a) if the Licensing Court is satisfied that the grounds of the objections, if any, that have been sustained are of a trivial nature or do not warrant refusal of the order.(9A) Subsection (8) (c) does not prevent the Principal Registrar from making an order referred to in subsection (7A) (a) or (b) if the Licensing Court is satisfied that non-compliance with the conditions, if any, does not warrant refusal of the order.(10) In determining for the purposes of subsections (3) and (8) (b) whether it is satisfied that an objection has been sustained or that the onus referred to in subsection (3) (a) (ii) has been discharged or whether it is not satisfied that a club meets the requirements referred to in subsection (3) (b), the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.(11) A reference in any provision of this Act to the premises of a club shall, for the purpose of dealing with an application under this section, be construed as a reference to the premises of the club when erected, added to or altered as referred to in the conditional application or in the variation of the grant of the conditional application.(12) In proceedings under this section, the court is not bound to hear any submission made or receive any evidence adduced by any person (other than the Director, the Commissioner of Police or the local consent authority):(a) as to whether any plan on which the applicant relies is or is not an approved plan, or(b) as to whether a development consent or certificate accompanying any plan on which the applicant relies was issued before or after the date of lodgment of the application, or(c) as to any alleged omission, error, defect or insufficiency in any such plan or any alleged discrepancy between the plan and any approved plan, or(d) generally as to any aspect of the validity or propriety of a plan or of any development consent or certificate accompanying it.s 18: Am 1980 No 25, Sch 1 (3); 1982 No 149, Schs 2 (10), 9; 1985 No 71, Sch 1 (9); 1990 No 29, Schs 2 (4), 3 (5); 1993 No 29, Sch 5 (9); 1997 No 155, Sch 5 [2]; 2001 No 73, Sch 2 [1].
19 Removal of club to other existing premises
(1) Where a registered club proposes to move from the premises occupied by it to other existing premises, an application for an order for the endorsement of the certificate of its registration as referred to in subsection (6) may be made to the Licensing Court by or on behalf of the club by delivering the application to the registrar.(2) The Licensing Court shall hear and determine an application made under subsection (1) and, except as provided in this section, shall grant the application.(3) The Licensing Court shall not grant the application if it is satisfied that any objection to the granting of the application has been sustained or unless:(a) at least 14 days before the day appointed for the commencement of the hearing of the application, there were delivered to the registrar:(i) the application and a copy thereof, each being signed by the secretary of the club,(ii) an approved plan of the premises to which the club proposes to move showing clearly the accommodation proposed to be provided in those premises, and(iii) such other particulars relating to those premises as may be prescribed, and(b) at least 7 days before the day appointed for the commencement of the hearing of the application, a copy of the application was published as prescribed and, where the regulations so require, was exhibited as prescribed.(3A) The Licensing Court must not grant the application unless satisfied that practices will be in place at the other premises as soon as the application is granted to ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.(4) The fact that an objection to the granting of the application has been sustained does not prevent the Licensing Court from granting the application if it is satisfied that the ground of objection is of a trivial nature or does not warrant refusal of the application.(5) In determining for the purposes of subsection (3) whether it is satisfied that an objection has been sustained, the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.(6) Where the Licensing Court grants the application, it shall order that the certificate of registration of the club:(a) be endorsed so that it indicates that the premises to which the club proposes to move are the premises of the club, and(b) be amended so as to delete any reference to the previous premises of the club.s 19: Am 1982 No 149, Sch 9; 1990 No 29, Sch 3 (2); 1997 No 155, Sch 5 [3].
19A Acquisition of additional existing premises
(1) Where a registered club proposes to increase the area of its premises by the acquisition of additional existing premises that are not contiguous to the premises occupied by it, an application for an order for the endorsement of the certificate of its registration as referred to in subsection (7) may be made to the Licensing Court by or on behalf of the club by delivering the application to the registrar.(2) The Licensing Court shall hear and determine an application made under subsection (1) and, except as provided by this section, shall grant the application.(3) The Licensing Court shall not grant the application:(a) if it is satisfied that any objection to the granting of the application has been sustained, or(b) if it is not satisfied that the application has been approved in principle at an extraordinary general meeting of the ordinary members of the club (being an approval supported by a majority of the votes cast at the meeting).(4) The Licensing Court shall not grant the application unless:(a) at least 14 days before the day appointed for the commencement of the hearing of the application, there were delivered to the registrar:(i) the application and a copy thereof, each being signed by the secretary of the club,(ii) an approved plan of the proposed additional premises of the club showing clearly the accommodation proposed to be provided in those premises, and(iii) such other particulars relating to those premises as may be prescribed, and(b) at least 7 days before the day appointed for the commencement of the hearing of the application, a copy of the application was published as prescribed and, where the regulations so require, was exhibited as prescribed, and(c) it is satisfied that practices will be in place at the additional premises as soon as the application is granted to ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.(5) The fact that an objection to the granting of the application has been sustained does not prevent the Licensing Court from granting the application if it is satisfied that the ground of objection is of a trivial nature or does not warrant refusal of the application.(6) In determining for the purposes of subsection (3) whether it is satisfied that an objection has been sustained, the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.(7) Where the Licensing Court grants the application, it shall order that the certificate of registration of the club be endorsed so that it indicates that the proposed additional premises are part of the premises of the club.s 19A: Ins 1985 No 71, Sch 1 (10). Am 1990 No 29, Sch 3 (2); 1997 No 155, Sch 5 [4].
20 Alteration of area of club premises
(1) If a registered club proposes:(a) to increase the area of the club premises otherwise than by the acquisition of additional premises that are not contiguous to its existing premises, orthe club must apply to the Board for authority to do so.(b) to decrease the area of the club premises,(2) The Board is to hear and determine an application made under this section and, unless it is satisfied that an objection made under section 25 (3) has been sustained, must grant the application.s 20: Am 1982 No 149, Schs 2 (11), 9; 1985 No 71, Sch 1 (11). Subst 1990 No 29, Sch 3 (6).
20A (Repealed)
s 20A: Ins 1982 No 149, Sch 2 (12). Am 1990 No 29, Sch 2 (4). Rep 1990 No 29, Sch 3 (7).
21 Temporary premises
(1) Where a registered club proposes to move from the premises occupied by it to other existing premises for a temporary period by reason of its existing premises being, or being about to become, unfit for the accommodation of the club, an application for an authority to move to those premises may be made to the Licensing Court by or on behalf of the club by delivering the application to the registrar.(2) The Licensing Court shall hear and determine an application made under subsection (1) and, except as provided in this section, shall grant the application.(3) The Licensing Court shall not grant the application if it is satisfied that any objection to the granting of the application has been sustained or unless:(a) at least 14 days before the day appointed for the commencement of the hearing of the application, there were delivered to the registrar:(i) the application and a copy thereof, each being signed by the secretary of the club,(ii) an approved plan of the premises to which the club proposes to move showing clearly the accommodation proposed to be provided in those premises, and(iii) such other particulars relating to those premises as may be prescribed, and(b) at least 7 days before the day appointed for the commencement of the hearing of the application, a copy of the application was published as prescribed and, where the regulations so require, was exhibited as prescribed.(4) The fact that an objection to the granting of the application has been sustained does not prevent the Licensing Court from granting the application if it is satisfied that the ground of objection is of a trivial nature or does not warrant refusal of the application.(5) In determining for the purposes of subsection (3) whether it is satisfied that an objection has been sustained, the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.(6) An authority granted on an application made under subsection (1) shall be in force for a period not exceeding 12 months as is specified in the authority and for such further periods (any such further period not exceeding 6 months) as the Licensing Court may from time to time allow.(7) While an authority granted on an application made under subsection (1) is in force, the premises that the club is authorised by the authority to use for the purposes of the club shall be deemed to meet the requirements specified in section 10 (1) (g) and (h) and shall be deemed to be the premises of the club.s 21: Am 1982 No 149, Sch 9; 1990 No 29, Sch 3 (2).
22 Dining or non-restricted area
(1) An application for an authority specifying a part or parts of the premises of a registered club as:(a) a dining area, ormay be made to the Licensing Court by or on behalf of the club by delivering the application to the registrar.(b) a non-restricted area,(2) The Licensing Court shall hear and determine an application made under subsection (1) and, except as provided in this section, shall grant the application.(3) The Licensing Court shall not grant the application if it is satisfied that any objection to the granting of the application has been sustained.(4) The Licensing Court shall not grant the application unless at least 7 days before the day appointed for the commencement of the hearing of the application there were delivered to the registrar:(a) the application and a copy thereof, each being signed by the secretary of the club, and(b) an approved plan showing the position in the premises of the club of the part or parts of those premises in respect of which the application is made.(5) An authority granted under this section may be revoked by the Licensing Court at any time on an application made by the club to which the authority was granted or by the Director or the Commissioner of Police.(6) The fact that an objection to the granting of an application under subsection (1) has been sustained does not prevent the Licensing Court from granting the application if it is satisfied that the ground of objection is of a trivial nature or does not warrant refusal of the application.(7) In determining for the purposes of subsection (3) whether it is satisfied that an objection has been sustained, the Licensing Court shall have regard to the relevant matters up to the date it makes its determination.s 22: Am 1980 No 25, Sch 1 (4); 1982 No 149, Sch 9; 1990 No 29, Schs 2 (4), 3 (2).
22A Access to club premises by junior members
(1) The Licensing Court may grant approval to a registered club 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, but only if:(a) the approval is for the purpose of taking part in sporting activities or a prize-giving ceremony associated with sporting activities, and(b) the Licensing Court is satisfied that because of the size of the club premises it is impractical for the club to designate an area of the club premises as a non-restricted area for the purposes of an authority under section 22.(2) An application for approval may be made to the Licensing Court by or on behalf of a registered club.(3) An application is made by delivering to the registrar:(a) the application, and a copy of the application, signed by the secretary of the club, and(b) a plan of the premises of the club in a form approved by the Licensing Court.(4) The Licensing Court is not to deal with an application for approval until after the end of the period of 7 days commencing on and from the day the application was made.(5) An approval may be revoked by the Licensing Court at any time on an application made by:(a) the club to which the approval was granted, or(b) the Director, or(c) the Commissioner of Police.(6) When granting an approval, the Licensing Court must impose conditions on the approval relating to the following:(a) the required level of adult supervision of members under the age of 18 years using the premises of the club under the approval,(b) the establishment of, and the manner of keeping, a register to be signed by members under the age of 18 years each time they use the premises of the club under the approval and by each adult supervising them,(c) the steps that the club must take to ensure that liquor is not sold or supplied to persons under the age of 18 years using the premises of the club under the approval,(d) the steps that the club must take to ensure that approved gaming devices are not used by persons under the age of 18 years using the premises of the club under the approval.(7) In addition to the conditions imposed on an approval by the Licensing Court under subsection (1), the approval is subject to the following conditions:(a) a condition that tobacco vending machines must be unable to be operated while members under the age of 18 years are using the premises of the club under the approval,(b) any conditions prescribed by the regulations for the purposes of this section,(c) any other conditions, not inconsistent with a condition in paragraph (a) or (b), that the Licensing Court thinks appropriate to impose when granting the approval.(8) A registered club and the secretary of the registered club are each guilty of an offence if any conditions of an approval under this section held by the club are contravened.Maximum penalty: 20 penalty units in the case of a registered club and 10 penalty units in the case of the secretary.(9) The Licensing Court may revoke or vary a condition of an approval imposed by it:(a) at any time on the application of the holder of the approval, the Director, the Commissioner of Police or a person authorised by the local council within the boundaries of which the premises of the club are situated, or(b) of its own motion or on the hearing of any matter relating to the approval.s 22A: Ins 1996 No 43, Sch 2 (3). Am 1997 No 155, Sch 5 [5].
23 Functions on club premises
(1) The Licensing Court may grant an authority (a “functions authority”) to a registered club to permit persons who are not members or who are under the age of 18 years to attend in a specified part of the premises of the club a function or functions:(a) associated with the celebration of Christmas, or(b) of a cultural, educational, religious, patriotic, professional, charitable, political, literary, sporting, athletic, industrial or community nature.(2) A functions authority is to designate function areas (that is, each part of the premises of the club on which the functions concerned are permitted to be held) and access areas (that is, each part of the premises through or by means of which persons attending those functions are to be permitted to obtain entry to or to depart from a function area).(3) A registered club and the secretary of the registered club are each guilty of an offence if:(a) any conditions of a functions authority held by the club are contravened, or(b) a function is held pursuant to the functions authority otherwise than in accordance with the approval of the governing body of the club, or(c), (d) (Repealed)Maximum penalty: 20 penalty units in the case of the registered club and 10 penalty units in the case of the secretary.(3A) It is a sufficient defence to a prosecution of a secretary of a registered club for an offence under subsection (3) if it is proved that:(a) the secretary had taken all reasonable precautions to avoid commission of the alleged offence, and(b) at the time of the alleged offence the secretary did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.(4) Nothing in this section requires a functions authority to be obtained in relation to a use of the premises of a club that does not contravene another provision of this Act.(4A) A functions authority does not authorise the holding of a function in contravention of a requirement made by or under any other Act.(5) The following provisions of this Act do not apply to any part of the premises of a registered club to which a functions authority held by the club applies while a function is being held pursuant to the authority:(a) section 45 (Unauthorised person using defined premises of registered club),(b) section 52 (Prohibition on persons under 18 years being in bars),(c) section 30 (2) (d) (which concerns rules regarding the sale etc of liquor to non-members), except when the function is associated with the celebration of Christmas.(6) A functions authority remains in force for the period (if any) for which it was issued or until it is sooner cancelled or surrendered.s 23: Am 1978 No 68, Sch 1 (1) (am 1984 No 153, Sch 16); 1982 No 149, Schs 2 (13), 9 (am 1984 No 153, Sch 16); 1987 No 2, Sch 1 (3); 1989 No 11, Sch 1; 1989 No 92, Sch 2 (1); 1990 No 29, Sch 2 (5). Subst 1994 No 43, Sch 1 (10). Am 1996 No 43, Sch 2 (4) (5); 1997 No 73, Sch 2 [1].
23A Procedure for grant of functions authority
(1) Application for a functions authority may be made to the Licensing Court by or on behalf of a registered club.(2) An application is made by delivering it to the registrar. Notice of the application is to be given by the registrar to the Commissioner of Police and the application is not to be dealt with until that notice has been given.(3) The application is to be dealt with as follows:(a) the jurisdiction of the Licensing Court to grant the application may be exercised by the Principal Registrar if there is no objection to its grant,(b) the application may be granted for a fixed period or for an indefinite period,(c) the grant of the application is to be notified to the member of the police force who is prescribed by the regulations as the appropriate member of the police force for the purposes of this section.(4) The fee prescribed by the regulations is payable for the issue of a functions authority and on or before the prescribed date in each calendar year following the calendar year of its issue while the authority is in force. The authority is cancelled if the fee is not paid within 2 months after the last day for payment.(5) (Repealed)s 23A: Ins 1994 No 43, Sch 1 (10). Am 1996 No 41, Sch 2 [16]; 1996 No 43, Sch 2 [6] [7]; 1997 No 155, Sch 4 [8].
23AA Conditions of functions authority
(1) When granting a functions authority to authorise the holding of functions for persons under the age of 18 years, the Licensing Court must impose conditions on the authority relating to the following:(a) the required level of adult supervision of persons under the age of 18 years using a part of the premises of the club in accordance with the authority,(b) the steps that the club must take to ensure that persons under the age of 18 years attending or departing from a function held under the authority do not disturb the quiet and good order of the surrounding neighbourhood,(c) the steps that the club must take to enable the safe conduct of persons under the age of 18 years in the vicinity of the premises of the club when they are attending or departing from a function held in accordance with the authority.(2) In addition to any conditions required to be imposed on a functions authority under subsection (1), a functions authority is subject to the following conditions:(a) a condition that no approved gaming device is to be located in any function area or access area specified in a functions authority held by the club while a function is being held under the authority,(b) a condition that liquor must not be sold, supplied, disposed of or consumed in any function area or access area specified in a functions authority while a function associated with the celebration of Christmas is being held under the authority,(c) a condition that liquor must not be sold, supplied, disposed of or consumed in any function area or access area specified in a functions authority while a function for persons under 18 years of age is being held under the authority,(d) a condition that no tobacco vending machine is to be located in any function area or access area specified in a functions authority while a function is being held under the authority,(e) a condition that a record must be kept at the club (in a form approved by the Board) of each function held at the club under the functions authority specifying details of the approval of the governing body of the club for the holding of the function, the date on which and the times during which it was held and the name of any person or body on whose behalf it was held,(f) any conditions prescribed by the regulations for the purposes of this section,(g) any other conditions, not inconsistent with a condition in paragraphs (a)–(f), that the Licensing Court thinks appropriate to impose when granting the functions authority (including conditions that limit the number of functions that may be held under the authority during any particular period).(3) The Licensing Court may revoke or vary a condition of a functions authority imposed by it:(a) at any time on the application of the holder of the authority, the Director, the Commissioner of Police or a person authorised by the local council within the boundaries of which the premises of the club are situated, or(b) of its own motion or on the hearing of any matter relating to the authority.s 23AA: Ins 1996 No 43, Sch 2 [8]. Am 1997 No 155, Sch 5 [6].
23B Complaints relating to functions authority
(1) A complaint may be made against a registered club by the Commissioner of Police, the Director, or a person authorised by the local consent authority in relation to the premises of the club, on any one or more of the following grounds:(a) the quiet and good order of the neighbourhood in which the premises of the club are situated will be unduly disturbed if a functions authority held by the club continues in force,(b) the club has been convicted of an offence under section 23,(c) any condition of a functions authority held by the club has been contravened, whether or not the club has been convicted of an offence in respect of that contravention.(2) A licensing magistrate or the Principal Registrar may on a complaint made under this section issue a summons calling on the registered club to show cause why its functions authority should not be cancelled.(3) The Licensing Court constituted as provided by section 9 (1) (a) or (b) of the Liquor Act 1982 is to hear and determine the matter of the complaint and do any one or more of the following:(a) cancel the club’s functions authority,(a1) suspend the club’s functions authority,(b) order the club to pay a penalty not exceeding 50 penalty units within such time as may be specified in the order,(c) subject the club’s functions authority to a specified condition,(d) dismiss the complaint.(4) The Licensing Court is not to hear and determine the matter earlier than 10 days after the summons issued on the complaint is served on the club.(5) (Repealed)(6) A registered club may surrender its functions authority by giving notice of surrender to the Board.(7) So long as any amount ordered to be paid by a registered club under this section remains unpaid after the time ordered for payment, the club’s functions authority is taken not to be in force.s 23B: Ins 1994 No 43, Sch 1 (10). Am 1996 No 41, Sch 2 [17]; 1996 No 42, Sch 2 [9]; 1996 No 43, Sch 2 [9].
24 Fees for certain applications
An application under this Division delivered to the registrar shall not be granted unless it is accompanied by the appropriate prescribed fee, if any.s 24: Am 1982 No 149, Sch 2 (14).
Division 3 Objections to applications by clubs
25 Grounds of objection
(1) Objection may be taken to the granting of an application made under section 7 for a certificate of registration of a club or the granting of a conditional application under section 18 (1) made by a club other than a registered club for a certificate of registration on any one or more of the following grounds:(a) The requirements specified in section 10 (1) are not met in relation to the club.(b) The application does not comply in all respects with the requirements of this Act and the regulations.(c) Having regard to existing facilities and social amenities available to meet the purposes of the club, the club is not required to meet a genuine and substantial need.(d) The registration or conduct of the club will, if the application is granted, result in undue competition and economic waste.(e) The quiet and good order of the neighbourhood in which the premises of the club are situated will be disturbed if the application is granted.(f) The premises of the club are in the immediate vicinity of a place of public worship, a hospital or a public school or of the site of a place of public worship, a hospital or a public school.(f1) The premises of the club comprise 2 sets of premises that are not contiguous and those premises are not both capable of being adequately supervised and controlled by the governing body and the secretary of the club.(g) Any rule of the club referred to in section 30 (1) has been broken or any other rule of the club has been habitually broken.(h) The club has been conducted or the premises of the club have been habitually used for any unlawful purpose.(i) The supply of liquor to the club or on the premises of the club will, if the application is granted, not be under the control of the governing body of the club.(j) Intoxicated persons have frequently been on the premises of the club or have been seen to leave those premises.(k) Liquor has been illegally sold, supplied or disposed of on the premises of the club during the period of 2 years immediately before the date of the application.(l) The secretary of the club is not a fit and proper person to act as secretary.(m) The certificate of registration should not be granted on any other ground.(2) Objection may be taken to the granting of a conditional application under section 17A (2) made by 2 or more registered clubs on any 1 or more of the following grounds:(a) The requirements specified in section 10 (1) will not be met in relation to the proposed amalgamated club.(b) The application does not comply in all respects with the requirements of this Act and the regulations.(c) The proposed amalgamation will not preserve the principal existing facilities and social amenities made available by the clubs that are parties to the amalgamation.(d) The registration or conduct of the proposed amalgamated club will, if the application is granted, adversely affect other registered clubs in the area.(e) The premises of the proposed amalgamated club comprise 2 or more sets of premises that are not contiguous and those premises are not all capable of being adequately supervised and controlled by the governing body and the secretary of the club.(f) In respect of proposed premises of the amalgamated club that are not the existing premises of a club that is a party to the amalgamation, any of the grounds referred to in subsection (3) (a)–(d).(3) Objection may be taken to the granting of a conditional application under section 18 (1) made by a registered club, an application under section 19 (1) or 19A (1) for an order for the endorsement of a certificate of registration or an application for an authority made under section 20 (1) on any one or more of the following grounds:(a) The proposed premises of the club referred to in the conditional application made under section 18 (1) or in the application made under section 19 (1), 19A (1) or 20 (1) do not meet the requirements of section 10 (1) (f), (g) and (h).(b) Either of the grounds referred to in subsection (1) (e) or (f).(c) In the case of such an application made under section 18 (1), 19 (1) or 19A (1):(i) having regard to the existing facilities and social amenities available to meet the purposes of the club, the club is not required to meet a genuine and substantial need in the area in which the proposed premises will be situated, or(ii) the registration or conduct of the club at the site of the proposed premises will, if the application is granted, result in undue competition and economic waste.(c1) In the case of such an application made under section 18 (1) (being an application referred to in section 18 (1) (b1)) or made under section 19A (1), the existing premises of the club and the additional proposed premises of the club are not both capable of being adequately supervised and controlled by the governing body and the secretary of the club.(d) The application should not be granted on any other ground, not being a ground referred to in subsection (1) (a), (c), (d), (g), (h), (i), (j), (k) or (l).(3A) Objection may be taken to the granting of an application under section 17A (9) made by an amalgamated club (being a new club as referred to in section 17A (1) (a)) for an order referred to in section 17A (9) (b) on any ground referred to in subsection (2) (a) that has arisen at any time since the conditional application made under section 17A (2) in relation to the amalgamation was granted, except the ground that the requirements specified in section 10 (1) (f), (g) or (h) have not been or are not met.(4) Objection may be taken to the granting of an application under section 18 (7) made by a club other than a registered club for an order referred to in section 18 (7) (c) on any ground referred to in subsection (1) (a), (g), (h), (i), (j), (k) or (l) that has arisen at any time since the conditional application made under section 18 (1) by or on behalf of the club was granted, except the ground that the requirements specified in section 10 (1) (f), (g) or (h) have not been or are not met.(5) Objection may be taken to the granting of an application made under section 21 (1) on any one or more of the following grounds:(a) The proposed premises of the club referred to in the application are not suitable as temporary premises for the club or do not contain adequate sanitary and other conveniences.(b) Either of the grounds referred to in subsection (1) (e) or (f) in relation to those proposed premises.(c) The application should not be granted on any other ground, not being a ground referred to in subsection (1) (a), (c), (d), (g), (h), (i), (j), (k) or (l).(6) Objection may be taken to the granting of an application made under section 22 (1), 22A or 23 (1) (a) on any ground.(7) Objection may be taken to the granting of an application made under section 23 (1) (b) on any one or more of the following grounds:(a) Any part of the premises of the club in which liquor is ordinarily sold, supplied or disposed of or consumed or in which poker machines are ordinarily kept is not capable of being physically separated from:(i) the part of the premises of the club referred to in the application as the part in which the function so referred to is to be held, and(ii) any part of those premises through or by means of which it would be necessary for persons attending that function to pass in order to obtain entry to or to depart from the part referred to in subparagraph (i) or any sanitary conveniences referred to in paragraph (b).(b) The sanitary conveniences in the premises of the club are not adequate or are not suitably located for use by persons attending the function specified in the application.(c) There are other premises that are within a reasonable distance of the premises of the club and that are reasonably suitable for the holding of the function.(d) The application should not be granted on any other ground.(8) The Licensing Court shall not entertain an objection that may be taken on a ground referred to in subsection (1) (m), (3) (d), (5) (c), (6) or (7) (d) if it considers that:(a) the objection is frivolous or vexatious, or(b) the ground is not a proper ground of objection.(9) Where an objection:(a) is taken on the ground that any of the requirements of section 10 (1) are not or have not been met, the onus of proving that those requirements have been met lies upon the club,(b) being an objection taken under subsection (1), (2) or (3), is taken on the ground referred to in subsection (1) (c), (2) (f) (as it relates to subsection (3) (c)) or (3) (c), the onus of proving that the club is required to meet a genuine and substantial need lies upon the club, or(ba) (Repealed)(c) is taken on any other ground, the onus of establishing that ground lies upon the objector.(10) Where, in relation to any objection taken on the ground that a rule of a registered club has been broken, the Licensing Court is satisfied:(a) where the rule relates to persons under a specified age, that the person who caused or permitted any such breach to occur believed on reasonable grounds that the person in relation to whom the rule was broken was of or above that specified age, orthe Licensing Court shall, in determining whether the rule has been broken, disregard that breach.(b) where the rule relates to the sale, supply or disposal of liquor to a person under a specified age, that the sale, supply or disposal in respect of which any such breach occurred was made in a case of sickness or accident,s 25: Am 1978 No 68, Sch 2; 1980 No 25, Sch 1 (5); 1982 No 149, Schs 2 (15), 9; 1985 No 71, Sch 1 (12); 1988 No 93, Sch 5 (3); 1996 No 43, Sch 2 [10].
26 Taking of objection
(1) In this section, application means:(a) an application made under section 7 for a certificate of registration,(b) a conditional application for an approval under section 17A (2),(b1) an application for an order referred to in section 17A (9) (b),(c) a conditional application under section 18 (1) made by a club other than a registered club for a certificate of registration,(d) a conditional application under section 18 (1) made by a registered club for the endorsement of the certificate of its registration,(e) an application for an order referred to in section 18 (7A) (a),(f) an application under section 19 (1) or 19A (1) for an order for the endorsement of a certificate of registration, or(g) an application for an authority under section 20, 21, 22, 22A or 23.(2) An objection to the granting of an application may be taken only by the Commissioner of Police or the Director, or by the local consent authority in relation to the premises or proposed premises of the club, or, except in the case of an application referred to in subsection (1) (b1) or (e) or an application for an authority under section 22 or 23, by:(a) (Repealed)(b) the owner or lessee of any land, or a person who ordinarily resides on any land, being land situated:(i) within 2 kilometres of the premises or proposed premises of the club, if those premises or proposed premises are situated in an area, within the meaning of the Local Government Act 1993 (other than an area that was constituted as a shire immediately before 1 July 1993),(ii) within 8 kilometres of the premises or proposed premises of the club, if those premises are situated elsewhere, or(c) any person who alleges that his or her interests, financial or other, are likely to be adversely affected by the granting of the application.(3) An objection to the granting of an application shall not be entertained by the Licensing Court unless:(a) the objection is in writing and signed by the objector whose signature, if he or she is a person referred to in subsection (2) (c), is witnessed by a justice or a member of the police force,(b) notice of the objection specifying the grounds of the objection has been given to the registrar and to the club by or on whose behalf the application is made at least 3 clear days before the time appointed for the hearing of the application, and(c) (Repealed)(d) where the objector is a person referred to in subsection (2) (b) or (c), the notice given to the registrar is accompanied by an affidavit as to the matters specified in subsection (5) and the notice given to the club is accompanied by a copy of that affidavit.(4) Notwithstanding subsection (3) (b) the Licensing Court may entertain an objection that is taken at the hearing of an application but, if such an objection is taken and the applicant so requests, the proceedings on the application shall be adjourned for a period of not less than 3 clear days, or if the applicant consents to an adjournment for a shorter period, for a period at least equal to that shorter period.(4A) (Repealed)(5) The matters to be specified in an affidavit made for the purposes of subsection (3) (d) are:(a) whether the objection is based exclusively on considerations of public interest,(b) whether the objector has any direct or indirect pecuniary interest in the refusal of the application or any expectation of such an interest and, if so, particulars thereof, and(c) whether any person other than the objector is directly or indirectly interested in the taking of the objection.(6) When hearing and determining an objection, the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.s 26: Am 1978 No 68, Sch 6 (6); 1981 No 69, Sch 1 (4); 1982 No 149, Schs 2 (16), 9; 1984 No 153, Sch 12 (3); 1985 No 71, Sch 1 (13); 1990 No 29, Schs 2 (6), 3 (8); 1993 No 29, Sch 5 (10); 1995 No 11, Sch 1.109 [4] [5]; 1996 No 41, Sch 2 [18] [19]; 1996 No 42, Sch 2 [10]; 1997 No 155, Sch 5 [7].
Division 4 General
27 (Repealed)
s 27: Am 1981 No 69, Sch 1 (5). Subst 1982 No 149, Sch 2 (17). Am 1993 No 29, Schs 5 (11), 7 (1); 1994 No 43, Sch 1 (23). Rep 1997 No 155, Sch 4 [9].
27A Records to be kept
(1) A registered club must make and keep up-to-date in the manner and form approved by the Board records in the English language specifying the information required by the form relating to all liquor purchased, or otherwise acquired, by the club in connection with the running of the club.Maximum penalty: 20 penalty units.(2) A record made under subsection (1) shall, until the day that is 5 years after its making, be kept on the premises of the registered club to which it relates or in some other place approved by the Board by the secretary of the club or, if the club is amalgamated with another registered club, by the secretary of the amalgamated club.Maximum penalty: 20 penalty units.(3) The secretary of a registered club or, if the club is amalgamated with another registered club, the secretary of the amalgamated club shall retain any document or record, for a period of 5 years from its making, relating to the business of the club.Maximum penalty: 20 penalty units.(4) Without limiting the generality of section 58, the Commissioner of Police or a special inspector may, after giving reasonable notice of intention so to do, require the secretary of a registered club:(a) to produce to the person who gave the notice, or at a place specified in the notice, a record referred to in subsection (1) or any other record relating to the business of the registered club, and(b) to permit the person who gave the notice to inspect any such record and:(i) make copies of it or take extracts from it, or do both, or(ii) remove it from the premises of the club and retain custody or control of it for such period as the inspector considers necessary.(5) A person shall not, without reasonable excuse, fail to comply with a requirement applicable to the person that is made by an inspector under subsection (4).Maximum penalty: 20 penalty units.(6) Subsection (2) is not contravened if a record is in the custody, or under the control, of a person in accordance with subsection (4) (b) (ii), but the person:(a) must ensure that the record is returned, as soon as practicable, to the secretary of the club, or of the amalgamated club, required to keep the record, and(b) until paragraph (a) is complied with—must, at all reasonable times, permit inspection of the record, or the making of additions to it, by any person who, apart from this paragraph, has authority to do so.s 27A: Ins 1987 No 2, Sch 1 (4). Am 1990 No 29, Sch 2 (7); 1993 No 29, Schs 5 (12), 7 (2).
27B Keeping of records concerning low alcohol liquor
(1) A registered club must keep full and accurate records of amounts that have been paid or are payable by or on behalf of the club for low alcohol liquor in order that the fee under section 15 may be properly determined.Maximum penalty: 20 penalty units.(2) (Repealed)s 27B: Ins 1992 No 48, Sch 1. Am 1993 No 29, Sch 7 (2); 1993 No 108, Sch 2; 1994 No 50, Sch 1 (6).
28 Limitation on applications under section 7, 19 or 19A and conditional applications under section 17A or 18
(1) An application made under section 7, 19 or 19A or a conditional application made under section 17A or 18 shall be refused if:(a) within the period of 3 years before the application or conditional application is made, a like application, made by the same club or same clubs in respect of the same premises or proposed premises, has been refused, and(b) within the period of 3 years before that like application was refused, another like application, made by the same club or same clubs in respect of the same premises or proposed premises, has been refused.(2) (Repealed)s 28: Am 1982 No 149, Sch 2 (18); 1985 No 71, Sch 1 (14).
29 Duplicate certificate or authority
Upon application made by or on behalf of a registered club, the registrar may, if he or she is satisfied that the certificate of registration of the club, or an authority issued to the club under this Act, has been lost or destroyed, and on payment of the prescribed fee, issue to the club a duplicate of the certificate of registration or, as the case may require, of the authority.s 29: Subst 1978 No 68, Sch 6 (7); 1982 No 149, Sch 2 (19).
Part 3 Rules of registered clubs
30 Rules of registered clubs
(1) The rules of a registered club shall be deemed to include the following rules:(a) 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, orat 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.(iii) if a rule of the club so provides—in accordance with Schedule 4,(b) 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.(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, oras the proxy of another person.(ii) vote at any election of, or of a member of, the governing body of the club,(e) (Repealed)(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.(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 shall not be sold, supplied or disposed of on the premises of the club to any person, other than a member, except on the invitation and in the company of a member.(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 poker 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 is to be kept in accordance with section 31.(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)) 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)) 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) All visible promotional and advertising matter relating to the facilities of the club must include a statement that is at least as visible as the promotional or advertising matter and is to the effect that the matter is for the information of the members and their guests.(o) All audible promotional and advertising matter relating to the facilities of the club must include a statement that is at least as audible as the promotional or advertising matter and is to the effect that the matter is for the information of the members and their guests.(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) 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 not more than 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).(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).(5A) Subsection (1) (d) does not apply in respect of a registered club that is:(a) a race club registered or licensed by the NSW Thoroughbred Racing Board, or(b) a harness racing club registered by Harness Racing New South Wales, or(c) a greyhound racing club registered by the Greyhound Racing Authority (NSW).(6) Subsection (2) (d) does not apply:(a) in respect of the Sydney Cricket Ground Club, the Australian Jockey Club, the Newcastle International Sports Centre Club referred to in section 9 (1) of the Newcastle International Sports Centre Act 1967 or any other club declared under subsection (7) to be an exempt club for the purposes of this paragraph, or(b) in respect of the sale, supply or disposal of liquor to any person, other than a member, in any part of the premises of a registered club while a reception referred to in section 52 (2) is being held in that part where that person has been invited to the reception by a person entitled to issue the invitation.(7) The Governor may, by order published in the Gazette, declare any club to be an exempt club for the purposes of subsection (6) (a).(7A) (Repealed)(8) Any rule of a registered club (except a rule that is deemed by subsection (10) to be included in the rules of the club) that is inconsistent with any rule specified in subsection (1) or (2) is to the extent of the inconsistency of no force or effect.(9) For the purposes of subsection (8) a rule of a club is not inconsistent with a rule specified in subsection (1) or (2) by reason only that:(a) in relation to the election of the governing body of the club, referred to in subsection (1) (a), the rules of the club provide that the members of the club entitled to vote at that election consist of such class or classes of full members specified in those rules as comprises or comprise not less than a majority of the full members of the club,(b) (Repealed)(c) in relation to the age of any person, it specifies an age that is higher than the age specified in a rule contained in subsection (2), or(d) the fee payable by, or by any class of, ordinary members for membership of the club is an amount specified or determined in accordance with the rules of the club that exceeds $2 per annum and is payable, as may be provided by the rules of the club other than the rules contained in subsection (1) or (2), annually or by quarterly or half-yearly instalments.(10) The rules of a registered club (in this subsection referred to as the host club) shall, unless its rules provide that the provisions of this subsection do not apply to that club, be deemed to include a rule that a full member of any other registered club or any interstate club (as defined in subsection (13)) who, at the invitation of the governing body or of a full member of the host club, attends on any day at the premises of the host club for the purpose of participating in an organised sport or competition to be conducted by the host club on that day shall be a temporary member of the host club from the time on that day when he or she so attends the premises of the host club until the end of that day.(11) Any person who is a temporary member of a registered club under the rule deemed by subsection (10) to be a rule of a registered club shall, for the purposes of this Act, be deemed to have been admitted as a temporary member of that club in accordance with its rules.(12) The provisions of:(a) subsection (2) (c) do not apply to a temporary member referred to in subsection (10) of a registered club, and(b) subsection (10) do not affect the right of a registered club to make rules with respect to the admission of persons as temporary members of the club.(13) For the purposes of subsection (10), an interstate club is a club that is:(a) incorporated in a Territory or in a State other than New South Wales, and(b) licensed, permitted or otherwise authorised under the law in force in the Territory or State to sell liquor, and(c) licensed, permitted or otherwise authorised under the law in force in the Territory or State to keep and to operate poker machines.For the purposes of subsection (10), a full member of an interstate club is a member of an interstate club who has full voting rights at general meetings of the interstate club.s 30: Am 1978 No 68, Schs 1 (2), 3, 8 (1); 1986 No 155, Sch 2 (1); 1993 No 29, Sch 5 (13); 1995 No 37, Sch 1 [6] [7]; 1996 No 43, Sch 2 [11]; 1997 No 73, Sch 1 [1] [2]; 1999 No 12, Sch 2 [5]; 1999 No 27, Sch 2 [3] [4]; 1999 No 31, Sch 2.35 [2]; 2001 No 73, Sch 2 [2].
31 Manner of keeping registers
(1) A register kept for the purposes of:(a) section 30 (2) (i) shall set forth the name in full, the occupation and the address of each full member and, if he or she is an ordinary member, the date on which he or she last paid the annual fee for membership of the club,(b) section 30 (2) (j) in relation to honorary members is to have entered in it the full name or the surname and initials, and the address, of each honorary member,(c) section 30 (2) (k) shall have entered therein on each occasion on any day on which a person of or above the age of 18 years enters the premises of the club as the guest of a member the name in full or the surname and initials of the given names, and the address, of that guest, the date of that day and the signature of that member,(d) section 30 (2) (l) in relation to temporary members is to have entered in it the full name or the surname and initials, and the address, of each temporary member,(e) section 30 (2) (m) in relation to temporary members is to have entered in it, when a temporary member first enters the club premises on any day, the full name, or the surname and initials, and the address, of the temporary member together with his or her signature.(2) Notwithstanding subsection (1) (c), if an entry in the register kept for the purposes of section 30 (2) (k) is made on any day in respect of the guest of a member, it is not necessary for an entry to be made in that register in respect of that guest if he or she subsequently enters the premises of the club on that day as the guest of that member.s 31: Am 1978 No 68, Sch 8 (2); 1993 No 29, Sch 5 (14).
Part 4 Management of registered clubs
32 Registered club to have only one secretary
(1) A registered club must at any time have one, but not more than one, secretary who is to be the chief executive officer of the club.Maximum penalty: 100 penalty units.(2) The maximum number of secretaries of a registered club is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to section 204A of that Act.Note—This subsection ensures that section 204A ((Minimum number of secretaries) of the Corporations Act 2001 of the Commonwealth will not apply in relation to the matter referred to in the subsection. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to a specified provision of that Act, then that provision will not apply in relation to that matter in the State concerned.(3) Not later than 7 days after a person ceases to be secretary of a registered club, the club shall cause the Board to be given the prescribed notification in writing in a form approved by the Board.Maximum penalty—subsection (3): 100 penalty units.s 32: Am 1981 No 123, Sch 8; 1986 No 78, Sch 2 (3); 1993 No 29, Sch 7 (1); 1993 No 108, Sch 2; 1994 No 50, Sch 1 (7); 2001 No 34, Sch 4.51 [2].
33 Approval of secretary of registered club
(1) A person may apply to the Licensing Court for approval to act as the secretary of a registered club by delivering the application to the Principal Registrar.(2) The Licensing Court constituted as provided by section 9 (1) (a) or (b) of the Liquor Act 1982 shall hear and determine an application made under subsection (1) and, except as provided in this section, shall grant the application.(3) The Licensing Court:(a) is to refuse to grant the application if satisfied that an objection under subsection (4) to the granting of the application has been sustained, or(b) may refuse to grant the application if satisfied that an objection under subsection (4A) to the granting of the application has been sustained.(3A) The Licensing Court must not grant the application unless satisfied that practices will be in place at the registered club as soon as the application is granted to ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.(4) Objection to the granting of the application may be taken on the ground that the applicant is not a fit and proper person to act as the secretary of the registered club specified in the application and may be so taken only by the Director or the Commissioner of Police.(4A) Objection to the granting of the application may be taken by, and only by, the Director or the Commissioner of Police on the ground that a requirement of the Director made under this Act in relation to the application and specified in the objection has not been complied with.(4B) Even if an objection under subsection (4) or (4A) has not been taken or made out, the Licensing Court may refuse the application if it finds, after subsection (4C) has been complied with, that the applicant is not a fit and proper person to be the secretary of a registered club.(4C) A finding under subsection (4B) may not be made unless:(a) the applicant has been made aware of the reasons for the possibility of such a finding, and(b) the applicant has been given an opportunity to make submissions, and adduce evidence, related to those reasons, and(c) those reasons are, or are included in, the reasons for the finding.(4D) If an objection to an application is taken on the ground that the applicant is not a fit and proper person to be the secretary of a registered club, the onus is on the applicant to satisfy the Licensing Court that the applicant is a fit and proper person to be a secretary of a registered club.(5) The Principal Registrar may grant the application if the Director and the Commissioner of Police have informed the Principal Registrar in writing that they have no objection.(5A) When hearing and determining an objection, the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.(6) Sections 91A and 95–95B apply in relation to an application for appointment as secretary of a registered club in the same way as they apply to an application for a gaming-related licence.s 33: Am 1982 No 149, Schs 3 (1), 9; 1986 No 78, Sch 2 (4); 1990 No 29, Sch 2 (4); 1993 No 29, Sch 5 (15) (am 1993 No 108, Sch 1); 1993 No 108, Sch 2; 1994 No 95, Sch 2; 1996 No 42, Sch 2 [11]–[13]; 1997 No 155, Sch 5 [8].
34 Unapproved person not to act as secretary of registered club
(1) In this section, approved secretary, in relation to a registered club, means a person to whom approval to act as the secretary of that club has been granted under section 33.(2) If a person who is not an approved secretary of a registered club:(a) acts as the secretary of that club, that person, oris guilty of an offence and liable to a penalty, in the case of such a person, not exceeding 50 penalty units and, in the case of the registered club, not exceeding 100 penalty units.(b) is appointed by that club as its secretary, the club,(3) Subsection (2) does not apply so as to preclude a person who is not an approved secretary of a registered club from acting, or being appointed to act as the secretary of a registered club for a period not exceeding 2 months or for such longer period as the Principal Registrar may, on the application of that person or club, allow if that person has been appointed by the club to act as secretary of the club but does so apply at the expiration of 7 days after the person’s being so appointed unless the name of that person has been notified to the Principal Registrar as the acting secretary of the club.(3A) For the purposes of this section, a person is considered to be acting as the secretary of a registered club whenever he or she holds or acts in a position in the management of the club whereby the person is responsible to the governing body of the club for the management of the business and affairs of the club or is otherwise responsible for the exercise of the functions of chief executive officer of the club.(4) (Repealed)s 34: Am 1981 No 123, Sch 8; 1982 No 149, Sch 9; 1993 No 29, Schs 5 (16), 7 (3); 1994 No 50, Sch 1 (8); 2001 No 34, Sch 4.51 [3].
35 Complaint against current or former secretary or member of governing body
(1) Upon the complaint of the Commissioner of Police or of the Director, a licensing or other Magistrate or the Principal Registrar may issue a summons to any person who is or was the secretary or a member of the governing body of any registered club specified in the summons calling upon the person to show cause to the Licensing Court why he or she should not be removed from his or her position as the secretary or a member of the governing body of that club, or should not be prevented from holding such a position in that or another club in the future, on either of the grounds referred to in subsection (1A).(1A) The grounds on which a summons may require cause to be shown are that:(a) for reasons specified in the summons, the secretary or member, or former secretary or member, is not a fit and proper person to hold office as secretary or as a member of the governing body, or(b) a requirement of the Director made under this Act in relation to the investigation of the secretary or member, or former secretary or member, of the governing body and specified in the summons has not been complied with.(2) A summons under subsection (1) may be issued in respect of a person’s membership, or former membership, of the governing bodies of two or more registered clubs specified in the summons.(3) A summons under subsection (1) shall be served at least 10 days before the day appointed for the commencement of the hearing of the matter of the complaint.(4) The Licensing Court constituted as provided by section 9 (1) (a) or (b) of the Liquor Act 1982 shall hear and determine the matter of the complaint and shall dismiss the complaint or make either of the declarations referred to in the following paragraphs:(a) that the position of the defendant as the secretary, or as a member of the governing body, as the case may be, of any registered club specified in the summons is vacant, or(b) that the position of the defendant as secretary, or as a member of the governing body, as the case may be, of any registered club specified in the summons is vacant and that the defendant is, for such period not exceeding 3 years as is specified in the declaration, ineligible to stand for election or to be appointed to, or to hold office in, the position of secretary or member of the governing body or both of those positions (whether he or she was summonsed as the secretary or as a member of the governing body) of:(i) all registered clubs, or all registered clubs of, or other than of, a class specified in the declaration, or(ii) all registered clubs specified in the summons or any registered club so specified, or(c) that the defendant is, for such period not exceeding 3 years as is specified in the declaration, ineligible to stand for election or to be appointed to, or to hold office in, the position of secretary or member of the governing body or both of those positions (whether he or she was summonsed as the former secretary or as a former member of the governing body) of:(i) all registered clubs, or all registered clubs of, or other than of, a class specified in the declaration, or(ii) all registered clubs specified in the summons or any registered club so specified.(4A) When hearing and determining the matter of a complaint under this section, the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.(5) Where the Licensing Court makes a declaration referred to in subsection (4), the position of the defendant as secretary, or as a member of the governing body, as the case may be, of any registered club to which the declaration relates thereupon becomes vacant.(5A) If a person summoned under this section vacates office as secretary or member of a governing body of a club before the matter of the summons is finally heard and determined:(a) the Licensing Court may declare that the person is, for such period as is specified in the declaration, ineligible for appointment or election, or to hold office, as secretary of that or any other registered club or as a member of the governing body of that or any other registered club, and(b) if such a declaration is made, all offices held by the person summoned as secretary, or as a member of the governing body, of any registered club become vacant.(6) A person shall not, during the period for which the person is declared under subsection (4) (b) or (c) or (5A) to be ineligible for a position, stand for election or accept appointment to, or hold office in, that position.Maximum penalty: 100 penalty units.(7) Notwithstanding any other law, where the Licensing Court makes a declaration referred to in subsection (4), the defendant is not, in consequence of the declaration or of anything done to give effect to the declaration, entitled to compensation or damages from the registered club of which he or she was the secretary or a member of the governing body unless the Licensing Court specifies in the declaration that the declaration does not affect the rights, if any, of the defendant to compensation or damages from that club.(8) A vacancy in the position of a member of the governing body of a registered club resulting from a declaration referred to in subsection (4) may be filled as a casual vacancy.(9) The Licensing Court constituted as provided by section 9 (1) (a) or (b) of the Liquor Act 1982 may appoint a person to administer the affairs of a registered club until a vacancy in the position of the secretary or a member of the governing body of the club resulting from a declaration referred to in subsection (4) is filled.(10) A person appointed under subsection (9) has, to the exclusion of any other person or body of persons, the functions of the governing body of the club until:(a) the vacancy in the position of the secretary or member of the governing body of the club is filled, orwhichever first occurs.(b) the Licensing Court constituted as referred to in that subsection orders otherwise,s 35: Am 1982 No 149, Schs 3 (2), 9; 1986 No 78, Sch 2 (5); 1990 No 29, Sch 2 (8); 1990 No 43, Sch 1 (4); 1993 No 29, Schs 5 (17), 7 (1); 1994 No 50, Sch 1 (9); 1996 No 42, Sch 2 [14] [15]; 2000 No 93, Sch 1.19 [1]–[8].
35A Investigations by Director
(1) The Director may at any time carry out all such investigations and inquiries as are considered by the Director to be necessary in order to ascertain whether a complaint should be made under section 35 in relation to the secretary, or a member of the governing body, of a registered club.(2) The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning the person to whom the complaint, if made, would relate.(3) The Director may, by notice in writing, require a person who is the subject of an investigation under this section to do one or more of the following things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and his or her associates.(4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.s 35A: Ins 1993 No 29, Sch 5 (18). Am 1996 No 42, Sch 2 [16].
36 Conduct of club elections by Electoral Commissioner
(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 Parliamentary Electorates and Elections Act 1912.(2) An order under subsection (5) in respect of a registered club may be made by the Licensing Court:(a) (Repealed)(b) as part of its determination of the matter of a complaint against the club under section 17 if the person by whom the complaint was made has given notice in writing to the club of the person’s intention to apply for the making of the order at least 3 clear days before the day appointed for the commencement of the hearing of the matter of the complaint, or(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 day appointed for the commencement of the hearing of the application.(d) (Repealed)(3) Notwithstanding subsection (2) (b), the Licensing Court may make an order under subsection (5) in respect of a registered club if the notice referred to in subsection (2) (b) is given to the club at the hearing of the matter of the complaint but, if a notice is so given and the club so requests, proceedings on the application shall be adjourned for a period of not less than 3 clear days or, if the club consents to an adjournment for a shorter period, for a period at least equal to that shorter period.(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 Licensing Court 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 Licensing Court may, in the manner referred to in subsection (2) (b) or 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 Licensing Court 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 Public Sector Management Act 1988 authorised in writing by the Electoral Commissioner to conduct that election.(7A) The Electoral Commissioner or an officer within the meaning of the Public Sector Management Act 1988 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.(7B) When an application by or on behalf of a registered club is made under subsection (7A), the applicant is to send written notification of that fact at the same time to the Principal Registrar.(7C) An application by or on behalf of a registered club for the purposes of subsection (7A) cannot be withdrawn except with the consent of the Electoral Commissioner.(8) A person conducting an election pursuant to an order made under subsection (5) or an application made under subsection (7A) may, notwithstanding anything contained in the rules of the club to which the order or application relates, take such action and give such directions as the person considers necessary for or in connection with the conduct of the election or in order to ensure that no irregularities occur in or in connection with the election or to remedy any procedural defects in the rules of the club that appear to the person to exist.(8A) The power to give directions under subsection (8) extends to authorising the giving of directions for the purpose of ensuring that elections are conducted in accordance with sound and democratic electoral practices and procedures and methods of voting.(9) An election conducted pursuant to an order made under subsection (5) or an application made under subsection (7A) shall not be invalid by reason only of:(a) a breach of the rules of the club to which the order or application relates involved in an act done in accordance with subsection (8), or(b) an irregularity in observing any of the provisions of subsection (2).(10) A person shall not:(a) refuse or fail to comply with a direction given under subsection (8), or(b) obstruct or hinder a person conducting an election pursuant to an order made under subsection (5) or an application made under subsection (7A) or carrying out such a direction.Maximum penalty: 20 penalty units.(11) An order made under subsection (5) has effect notwithstanding that the registered club in respect of which it is made is not the holder of a certificate of registration by reason of its being cancelled as provided by regulations referred to in section 15 (9) or notwithstanding that the certificate of registration of the club is deemed by section 15 (8) or (8C), 17 (7) or 62 (4) not to be in force, but ceases to have effect if the registered club in respect of which it is made otherwise ceases to be a registered club.(12) Where a person conducting an election pursuant to an order made under subsection (5) or an application made under subsection (7A):(a) dies or is unable to complete the conduct of the election, orthe Electoral Commissioner shall complete the conduct of the election or make arrangements or give directions for the completion of the conduct of the election by another person who is so qualified.(b) ceases to be a person qualified to conduct the election,(13) The expenses of an election conducted pursuant to an order made under subsection (5) or an application made under subsection (7A) shall be paid to the Electoral Commissioner by the registered club concerned within 1 month after a certificate referred to in subsection (15) is served on the club and, if not so paid, may be recovered from that club as a debt in any court of competent jurisdiction.(14) The expenses referred to in subsection (13) do not, in the case of an election conducted pursuant to an order made under subsection (5), include:(a) the salary or other remuneration of any officer or employee of the State performing any duty in relation to the election, including any person appointed solely for the purposes of the election,(b) the cost of travel of such an officer or employee, including any travelling or similar allowance, incurred in connection with the performance of any such duty, or(c) expenses in connection with the provision or use of premises provided by the State for the purposes of the election, including premises obtained solely for those purposes.(15) A certificate signed by the Electoral Commissioner, countersigned by the Minister and specifying the amount of the expenses required to be paid by a registered club in accordance with subsection (13) is admissible in any proceedings for the recovery of that amount and is conclusive evidence of that amount.s 36: Am 1982 No 149, Schs 3 (3), 9; 1985 No 71, Sch 1 (15); 1986 No 16, Sch 23; 1990 No 29, Sch 2 (9); 1990 No 43, Sch 1 (5); 1993 No 29, Sch 7 (4); 1993 No 57, Sch 1 (4); 1994 No 50, Sch 1 (10).
37 Lodgment of registered club’s balance sheet and profit and loss account or income and expenditure account
(1) A registered club shall, within 1 month after its annual general meeting or within such further time as the Licensing Court, on an application made by the club, may allow, lodge with the secretary of the Board a copy of the balance sheet and of either the profit and loss account or the income and expenditure account, each as duly audited, submitted to that annual general meeting.(2) A registered club does not comply with subsection (1) unless the original of the balance sheet and profit and loss account or income and expenditure account referred to in that subsection contained the particulars prescribed, and was prepared in the manner prescribed, by any regulations made for the purposes of section 38 (1) and applicable to it.(3) A registered club that does not comply with subsection (1) is guilty of an offence and liable to a penalty not exceeding 10 penalty units.s 37: Am 1978 No 68, Sch 8 (3); 1982 No 149, Schs 3 (4), 9; 1993 No 47, Sch 1.
38 Form of balance sheet and profit and loss account or income and expenditure account of registered clubs
(1) The balance sheet and, in the case of a registered club that is:(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, the profit and loss account,(b) a co-operative under the Co-operatives Act 1992, the income and expenditure account, orshall contain such particulars as may be prescribed and shall be prepared in the prescribed manner.(c) neither such a company nor such a co-operative, the profit and loss account or the income and expenditure account,(2) Subject to subsections (3) and (4), the provisions of subsection (1) have effect in addition to:(a) the provisions of the Corporations Act 2001 of the Commonwealth relating to balance sheets and profit and loss accounts of companies, and(b) the provisions of the Co-operatives Act 1992 relating to balance sheets and income and expenditure accounts of societies.(3) The regulations may declare a matter that is dealt with by regulations made for the purposes of subsection (1) to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to:(a) the whole of the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies, or(b) a specified provision of that legislation, or(c) that legislation other than a specified provision, or(d) that legislation otherwise than to a specified extent.Note—Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation of the Commonwealth, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.(4) If any provision of any regulation made for the purposes of subsection (1) is inconsistent with any provision of the Co-operatives Act 1992:(a) the provision of the regulation prevails to the extent of the inconsistency, and(b) if the provision of the regulation is complied with by the registered club, the registered club is taken not to have failed to comply with the provision of the Co-operatives Act 1992 with which the provision of the regulation is inconsistent.(5) In this section:matter includes act, omission, body, person or thing.s 38: Am 1981 No 123, Sch 8; 1994 No 50, Sch 1 (11); 2001 No 34, Sch 4.51 [4] [5].
39 Disclosure of interests of members of governing body of registered club
(1) A registered club shall:(a) within 48 hours after a declaration has been made at a meeting of the governing body of the club under subsection (2) or section 234 (1) of the Co-operatives Act 1992, cause particulars of the declaration specifying the name of the member of the governing body who made the declaration and the nature of the interest declared to be exhibited in a conspicuous position on the premises of the club,(b) cause those particulars to be so exhibited for a continuous period of not less than 14 days, and(c) within 1 month after its annual general meeting, lodge with the secretary of the Board a copy of all such particulars so exhibited during the period commencing on the day of its last preceding annual general meeting and ending on the day of that firstmentioned annual general meeting.Maximum penalty: 10 penalty units.(2) A director of a company that is a registered club who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the company must, as soon as practicable after the relevant facts have come to the director’s knowledge, declare the nature of the interest at a meeting of the directors. Sections 191 (2) and 192 of the Corporations Act 2001 of the Commonwealth apply to and in respect of this subsection in the same way as they apply to and in respect of section 191 (1) of that Act.s 39: Am 1978 No 68, Sch 8 (4); 1981 No 123, Sch 8; 1982 No 149, Sch 3 (5); 1993 No 29, Sch 7 (1); 1994 No 50, Sch 1 (12); 1996 No 41, Sch 2 [20] [21]; 2001 No 34, Sch 4.51 [6].
40 Regular statements of receipts and payments
(1) A registered club shall:(a) cause to be prepared and submitted to a meeting of the governing body of the club at intervals of not more than 3 months a statement of income and expenditure in relation to each aspect of the club’s activities during the period commencing on the date up to which the next previous such statement was so submitted (whether before or after the commencement of this paragraph) and ending on a date not earlier than 42 days before the date the statement is so submitted,(b) within 48 hours after the meeting of the governing body of the club to which any such statement is submitted, cause a copy of that statement and of any resolution passed by the governing body of the club in relation to that statement to be exhibited in a conspicuous position on the premises of the club, and(c) cause the copy of the statement and that resolution, if any, to be so exhibited for a continuous period of not less than 28 days.(1A) Where the last statement submitted by a registered club, as referred to in subsection (1) (a), as in force immediately before the commencement of this subsection, was a statement of the receipts of and payments made by the club, the reference in subsection (1) to a statement of income and expenditure shall be construed as a reference to a statement of receipts and payments until, and only until, the club first causes to be prepared and submitted, as referred to in subsection (1) (a), a statement of income and expenditure.(2) A registered club does not comply with subsection (1) unless, where the regulations require the statement referred to in that subsection to be prepared in the prescribed form or so that it contains, in addition to particulars prescribed by subsection (1) (a), such other particulars as may be prescribed, the statement is so prepared.(2A) A registered club shall keep every statement submitted as referred to in subsection (1) (a) for a period of 3 years after it is so submitted.(3) A registered club that does not comply with subsection (1) or (2A) is guilty of an offence and liable to a penalty not exceeding 10 penalty units.(4) The reference in subsection (1) to the governing body of a club is, while:(a) a person is acting in a capacity referred to in section 41 (1) in respect of that club, anda reference to the person so acting.(b) that club does not, as a result of a person having been appointed so to act, have a governing body,s 40: Am 1978 No 68, Sch 8 (5); 1980 No 25, Sch 1 (6); 1993 No 29, Sch 7 (5).
41 Registered clubs under official management or receivership or in liquidation
(1) A person is not capable of being appointed to act in the capacity of the administrator, the controller of property, the official manager, the receiver or manager, a member of the committee of management, the liquidator or the special manager of a registered club that is a company within the meaning of the Corporations Act 2001 of the Commonwealth or a co-operative registered under the Co-operatives Act 1992 or of acting in any such capacity unless the person has been:(a) appointed to act in that capacity by the Supreme Court, or(b) approved to act in that capacity by the Licensing Court.(2) An application for approval to act in any capacity referred to in subsection (1) may be made to the Licensing Court by any person by delivering the application to the registrar.(3) The Licensing Court shall hear and determine an application made under subsection (2) and, except as provided in this section, shall grant the application.(4) The Licensing Court shall not grant the application if it is satisfied that any objection to the granting of the application has been sustained.(5) Objection to the granting of the application may be taken on the ground that the applicant is not a fit and proper person to act in the capacity specified in the application and may be so taken only by the Director or the Commissioner of Police.s 41: Am 1981 No 123, Sch 8; 1982 No 149, Sch 9 (am 1984 No 153, Sch 16); 1990 No 29, Sch 2 (4); 1994 No 43, Sch 1 (25); 2001 No 34, Sch 4.51 [7].
41A Appointment of temporary administrator
(1) Where an appointment referred to in section 41 has not been made but the governing body of a registered club has, in the opinion of the Licensing Court, ceased to be effective as a governing body, the Licensing Court may appoint a person to administer the affairs of the club.(2) A person appointed under subsection (1) has, to the exclusion of any other person or body of persons, the functions of the governing body of the club until:(a) an appointment referred to in section 41 is made, orwhichever first occurs.(b) the Licensing Court orders otherwise,(3) An application for the making of an appointment under subsection (1) may be made by a member of the club, the Director or the Commissioner of Police.s 41A: Ins 1986 No 78, Sch 2 (6). Am 1990 No 29, Sch 2 (10).
Part 5 Appeals and reviews
pt 5, hdg: Am 1996 No 42, Sch 2 (17).
42 Appeal to Supreme Court on question of law
(1) A person aggrieved by an adjudication of the Licensing Court in proceedings under this Act may appeal therefrom to the Supreme Court on a question of law.(2) On the determination of an appeal under subsection (1), the Supreme Court shall:(a) remit the matter to the Licensing Court with the decision of the Supreme Court, or(b) make such other order in relation to the appeal as it thinks fit.(3) An appeal under subsection (1) shall be made in accordance with rules of court of the Supreme Court.(4) If a matter is remitted to the Licensing Court under subsection (2) (a), the Chairperson may replace with another magistrate referred to in section 9 or 10 of the Liquor Act 1982 the magistrate so referred to who constituted, or a magistrate so referred to who was a member of, the Court to whose adjudication the matter remitted relates if:(a) the magistrate being replaced has ceased to hold office as a magistrate, or(b) the magistrate being replaced is absent, ill or otherwise unavailable for duty.(5) A magistrate who, pursuant to subsection (4), replaces another magistrate for the purpose of determining a matter remitted to the Licensing Court under subsection (2) (a) may do any act or thing in connection with the remitted matter that could have been done by the replaced magistrate if the replaced magistrate had constituted, or been a member of, the Court determining the remitted matter and, for that purpose:(a) may read as evidence for any party the depositions of all witnesses in the proceedings, and(b) may decide, or join in deciding, to grant leave for further evidence to be called by a party to the proceedings.s 42: Subst 1982 No 149, Sch 4. Am 1994 No 43, Sch 1 (11).
42A Appeal to District Court from conviction
Division 4 of Part 5 of the Justices Act 1902 applies to and in respect of an adjudication of the Licensing Court exercising jurisdiction under section 65 (1) (a) in the same way as it applies to and in respect of a conviction or order of a justice or justices.s 42A: Ins 1982 No 149, Sch 4.
42B Appeal to Licensing Court
(1) Except where an appeal lies by reason of section 42 or 42A, a person aggrieved by an adjudication of the Licensing Court constituted by less than 3 magistrates in proceedings under this Act may appeal from the adjudication, as prescribed, to the Licensing Court constituted as provided by section 10 of the Liquor Act 1982.(2) An appeal under subsection (1) is an appeal by way of rehearing and the decision on such an appeal is, subject to section 42, final and conclusive and not subject to appeal.(3) Lodgment of an appeal under this section operates to stay the decision appealed against, except in the case of a decision:(a) to uphold a complaint on the ground set out in section 17 (1AA) (a) (vii), or(b) to make a declaration under section 17 (2) (f), or(c) to uphold an objection on the ground set out in section 25 (1) (l), or(d) to uphold an objection on the ground set out in section 33 (4), or(e) to refuse, under subsection (4B) of section 33, to grant an application under that section, or(f) to make a declaration under section 35 (4), or(g) to uphold a complaint on the ground set out in section 108 (2) (e), (f) or (g) or (2A) (a), or(h) to take any action based on any of the foregoing.In such a case, lodgment of the appeal does not stay the decision unless the Licensing Court, on application or of its own motion, otherwise directs.(4) Without limiting subsection (1), an order of the Licensing Court under section 17AAD is an adjudication for the purposes of that subsection.(5) However, the lodging of an appeal against an order referred to in subsection (4) does not operate to stay the order.s 42B: Ins 1982 No 149, Sch 4. Am 1994 No 43, Sch 1 (12); 1996 No 42, Sch 2 [18]; 2001 No 73, Sch 2 [3].
42C Review of disqualification or declaration of ineligibility
(1) A person may apply to the court for a review of a disqualification imposed under section 65A or 109 or a declaration of ineligibility made under section 17, 35, 65A or 109 if the disqualification or declaration has effect for a period of more than 3 years.(2) The application may be made only after:(a) any minimum period set by the court during which the application may not be made has expired, or(b) if no minimum period has been set, the disqualification or declaration has been in force for 3 years.(3) On application being made for the review of a disqualification or declaration of ineligibility, the Licensing Court may:(a) remove the disqualification or revoke the declaration, or(b) shorten the period of disqualification or ineligibility, or(c) confirm the disqualification or declaration and set a minimum period during which a further application for review under this section may not be made.(4) This section does not affect any right of appeal that a person might have under section 42B against the original decision to disqualify the person or to make the relevant declaration.s 42C: Ins 1996 No 42, Sch 2 [19].
Part 6 Offences in relation to clubs
43 Definitions
In this Part:bar includes any part of the premises of a registered club in which liquor is sold, supplied or disposed of to persons for consumption on those premises but does not include:(a) a dining room, or(b) a part of the premises of the club in respect of which an authority under section 22 specifying the portion as a dining area is in force, except during any period in which meals are not being served therein, or a portion of the premises of the club in respect of which an authority under section 22 specifying the portion as a non-restricted area is in force, or(c) a part of the premises of the club in respect of which an approval under section 22A is in force whenever it operates to authorise the use of that part of the premises by a member of a registered club under the age of 18 years.poker machine area means any part of the premises of a registered club in which poker machines are located and which is not physically separated from any other part of the premises of the registered club.s 43: Am 1980 No 25, Sch 1 (7); 1982 No 149, Sch 5 (1); 1996 No 43, Sch 2 [12].
43A Offer of inducement for purchase or provision of goods or services
(1) A person who provides, or offers to provide, or causes to be provided or offered, to a registered club or any other person any benefit or advantage as the whole or a part of the consideration for the purchase by, or provision to, the club of goods or services is guilty of an offence unless the benefit or advantage:(a) is to be received by the club and comprises money or money’s worth (including any trade-ins) that is clearly set out in a written agreement for purchase or provision of the goods or services, or(b) is clearly set out in a written agreement and comprises reasonable training of a member of the staff of the club in the operation or maintenance of poker machines.Maximum penalty: 100 penalty units.(2) A person who provides, or offers to provide, or causes to be provided or offered, to a registered club a benefit or advantage for use by a person, or by more than one person individually, is guilty of an offence unless:(a) the benefit or advantage is openly and generally available to all clubs or other persons or to those of a specified class or specified classes, and(b) the benefit or advantage is predominantly educational and relates to a specific and genuine course of study, and(c) the benefit or advantage would be of significant assistance to the club, and(d) the person making the offer does not, in making the offer or before a decision on the offer is made by the club, select a person to benefit from the offer or make any representations in relation to, or take part in, the selection of such a person, and(e) the person making the offer does not, if the offer is accepted, select any person to receive the benefit or advantage, or take part in the selection of such a person, or make any representations in relation to the selection of such a person.Maximum penalty: 100 penalty units.(3) A registered club or other person is guilty of an offence if the club or other person:(a) accepts or agrees to accept a benefit, advantage or offer the provision or making of which is an offence under this section, or(b) seeks a benefit, advantage or offer the provision or making of which would be an offence under this section.Maximum penalty: 100 penalty units.s 43A: Ins 1993 No 29, Sch 5 (19).
44 Supply of liquor on defined premises of registered club
(1) A registered club shall not supply or dispose of liquor or cause or suffer liquor to be supplied or disposed of except on the defined premises of the club.Maximum penalty: 20 penalty units.(2) A person authorised by a registered club to supply or dispose of liquor shall not supply or dispose of liquor, or cause or suffer liquor to be supplied or disposed of, on behalf of the club except on the defined premises of the club.Maximum penalty: 10 penalty units.(3) Nothing in subsection (1) or (2) affects the operation of section 122 of the Liquor Act 1982.s 44: Am 1982 No 149, Sch 5 (2); 1989 No 92, Sch 2 (2).
44A Conduct on club premises
(1) A secretary of a registered club who:(a) permits intoxication on the club premises, oris guilty of an offence.(b) permits any indecent, violent or quarrelsome conduct on the club premises,Maximum penalty: 50 penalty units.(2) A person who, in a registered club, sells or supplies liquor to an intoxicated person is guilty of an offence.Maximum penalty: 50 penalty units.(3) If a person on the premises of a registered club is intoxicated, the secretary is taken to have permitted intoxication on the premises unless it is proved that the secretary and all employees selling or supplying liquor took the steps set out in subsection (4) or all other reasonable steps to prevent intoxication on the premises.(4) For the purposes of subsection (3), the following are the relevant steps:(a) asked the intoxicated person to leave the premises,(b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises,(c) refused to serve the person any alcohol after becoming aware that the person was intoxicated.s 44A: Ins 1993 No 29, Sch 5 (20). Am 1996 No 41, Sch 2 [22]; 1996 No 42, Sch 2 [20] [21].
44B Responsible service
(1) The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in the sale, supply, service and promotion of liquor.(2) In particular, the regulations may make provision for or with respect to the following:(a) restricting or prohibiting the conduct of promotions or other activities (including discounting or supply of liquor free of charge) that could result in misuse or abuse of liquor, such as binge drinking or excessive consumption,(b) the standards to be observed on the premises of clubs in the sale and service of liquor, for the purpose of preventing misuse or abuse of liquor,(c) requiring the secretary of a registered club and other persons engaged in the administration of the club or in the sale, supply, service and promotion of liquor and other activities on the premises of a club to undergo courses of training that will promote responsible practices in those activities.(3) Without limiting subsection (2) (b), the regulations may adopt with or without modification the standards contained in an industry code of practice as standards to be observed on the premises of a club in the sale, supply, service and promotion of liquor.(4) The regulations under this section can create offences punishable by a penalty not exceeding 50 penalty units.s 44B: Ins 1996 No 41, Sch 2 [23].
44C Responsible conduct of gambling activities
(1) The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in relation to gambling activities that may lawfully be conducted at registered clubs.(2) In particular, the regulations may make provision for or with respect to the following:(a) restricting or prohibiting the conduct of promotions or other activities (including advertising),(b) the standards to be observed for the conduct of responsible gambling activities,(c) requiring the secretary of a registered club and other persons engaged or proposing to be engaged in the administration of the club or in the conduct of gambling activities at the club to undergo courses of training that will promote responsible practices in the conduct of those activities,(d) the prohibition or restriction of the offering of inducements, or inducements of a kind, specified by the regulations,(e) the information to be provided and signs to be displayed about gambling activities at a registered club,(f) the notices to be displayed with respect to the availability of counselling in respect of financial, social or other problems that may arise in connection with gambling,(g) requiring facilities at registered clubs for the withdrawal or transfer of money from banks and authorised deposit-taking institutions (such as ATMs and EFTPOS) to be installed or located in parts of the premises that are separate from parts of those premises where gambling activities are conducted,(h) the provision of anonymity at the request of a gambler who has won a major prize.(3) The regulations under this section may create offences punishable by a penalty not exceeding 50 penalty units.(4) It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.s 44C: Ins 1999 No 49, Sch 6 [6].
44D Industry codes of practice
(1) For the purpose of providing practical guidance for the promotion of responsible practices in the conduct of gambling activities at registered clubs, the Minister is, within 6 months after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999, to approve an industry code of practice that sets out the standards to be observed by registered clubs for the responsible conduct of gambling activities.(2) The Minister may approve as an industry code of practice any code, standard or document relating to such standards prepared or formulated by the Registered Clubs Association of NSW or any other body or authority.(3) The Minister may approve any amendment of the code of practice or revoke the approval of the code of practice.(4) The Minister is to publish in the Gazette:(a) the approved code of practice, and(b) any approved amendment of the code of practice, and(c) the revocation of an approval of a code of practice.(5) The Minister is to cause a copy of the approved code of practice and, if any amendment to the code has been approved, a copy of the amendment, to be made available for inspection by members of the public without charge at the offices of the Department of Gaming and Racing during normal office hours.s 44D: Ins 1999 No 49, Sch 6 [6].
45 Unauthorised persons using defined premises of registered club
(1) If, on any day, a person uses any of the accommodation, facilities or amenities provided on the defined premises of a registered club and:(a) is not a member of the club, or a guest of such a member, orthe person, the club and the secretary of the club are each guilty of an offence.(b) is a temporary member of the club 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),Maximum penalty: 10 penalty units.(2) It is a defence to a prosecution for an offence under subsection (1) (a) committed by a registered club or its secretary if it is proved that all reasonable steps were taken to prevent persons other than members and guests of members from using the accommodation, facilities and amenities provided on the defined premises of the club.(2A) It is a defence to a prosecution for an offence under subsection (1) (b) committed by a registered club or its secretary if it is proved that all reasonable steps were taken in endeavouring to prevent commission of such an offence.(3) It is a sufficient defence to a prosecution of a person for an offence under subsection (1) if it is proved that the person to whom the offence relates was an apprentice or trainee, within the meaning of the Industrial and Commercial Training Act 1989, when the offence was committed and that that person used the accommodation, facilities or amenities referred to in the information for the offence in the course of carrying out work on the accommodation, facilities or amenities and for the purpose only of receiving trade training as such an apprentice or trainee.s 45: Am 1978 No 68, Sch 8 (6); 1980 No 25, Sch 1 (8); 1993 No 29, Sch 5 (21) (am 1993 No 108, Sch 1); 1994 No 43, Sch 1 (26); 1997 No 155, Sch 5 [9]; 1999 No 27, Sch 2 [5] [6].
45A Minors’ names not to be entered in guests’ register
A person who makes an entry relating to a guest under the age of 18 years in the register kept for the purposes of section 30 (2) (k) is guilty of an offence and liable to a penalty not exceeding 10 penalty units.s 45A: Ins 1980 No 25, Sch 1 (9). Am 1989 No 92, Sch 2 (3).
46 Carrying away liquor from premises of registered clubs
(1) In this section, prohibited time means any time:(a) on a Sunday, except a time between 10 am and 10 pm,(b) on a Good Friday or Christmas Day or on any day specified in a proclamation made under subsection (2), or(c) (Repealed)(d) on any other day, except a time between 5 am and midnight.(2) The Governor may by proclamation published in the Gazette specify any day or days as a day or as days at any time on which liquor may not be carried away from the premises of a registered club.(3) A person shall not carry liquor away or attempt to carry liquor away from the premises of a registered club at a prohibited time.Maximum penalty: 5 penalty units.(4) It is a sufficient defence to a prosecution for an offence arising under subsection (3) if the defendant, being a person under the age of 18 years, proves that he or she was ordered or requested by some other person of or above the age of 18 years to carry away liquor from the premises referred to in the information for the offence.(5) The Licensing Court, on an application made to it, may, in respect of any particular registered club, declare that in the application of subsection (1) (a) to the club the hours specified in that paragraph shall be varied as provided by subsection (6), and thereupon that paragraph shall, in its application to the club, be read and construed so as to give effect to that variation.(6) The Licensing Court may vary the hours referred to in subsection (1) (a) to permit liquor to be carried away from the registered club on a Sunday from a time earlier than 10 am but not earlier than 5 am or from 10 pm to a time not later than midnight but may grant a variation only:(a) to meet the needs of tourists or tourism or other special needs, and(b) if satisfied that the variation would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the registered club.s 46: Am 1980 No 25, Sch 1 (10); 1983 No 67, Sch 1 (1); 1989 No 92, Sch 1 (1); 1989 No 92, Sch 2 (4).
47 Offences against rules
If any rule, being a rule referred to in section 30 (1), (2) or (2A) (except section 30 (2) (g) or (h)) of a registered club is broken:(a) the registered club, andare each guilty of an offence and liable to a penalty, in the case of the registered club, not exceeding 10 penalty units and, in the case of the secretary, not exceeding 5 penalty units.(b) if it is a rule referred to in section 30 (2) or (2A), the secretary of the registered club,s 47: Am 1993 No 29, Sch 4 (1); 1994 No 50, Sch 1 (13).
48 Name of registered club
(1) A registered club must not cause or permit the use on any sign displayed on the exterior of the premises of the club or in any advertising with respect to the club of a name that is a prohibited name for the club under this section.(2) Subsection (1) does not apply to the use of a name in advertising if the advertising is not visible or audible from any public place outside the club concerned or is made available exclusively to members of the club.(3) A name is a prohibited name for a registered club under this section if:(a) it is a name or a name of a kind prescribed as prohibited by the regulations or a name that contains words or words of a kind that are prescribed as prohibited by the regulations, or(b) it is a name that the Board has notified the registered club in writing is prohibited as being objectionable, inappropriate or misleading.(4) A registered club must not change its name unless:(a) the Board has approved in writing of the proposed new name, and(b) the registrar has endorsed the change of name on the certificate of registration of the club.(5) The Board must not approve a change of name of a registered club if the proposed new name is a prohibited name for the club under this section.(6) If a registered club contravenes this section, the club and the secretary of the club are each guilty of an offence and liable to a penalty not exceeding 5 penalty units.s 48: Am 1982 No 149, Schs 5 (3), 9 (am 1984 No 153, Sch 16); 1990 No 29, Sch 2 (11); 1990 No 108, Sch 2; 1993 No 29, Sch 4 (2). Subst 1994 No 43, Sch 1 (4).
48A Restrictions on use of “casino” etc to advertise club
(1) A registered club must not cause or permit the club or any part of the club to be described, promoted or referred to (whether on any sign or in any advertising with respect to the club or otherwise) as a casino or by use of any other description that is prescribed as a prohibited description for registered clubs.(2) Subsection (1) does not apply to the contents of any sign or advertising or promotional material if the sign is not visible, and the material is not visible or audible, from any public place outside the club concerned or is made available exclusively to members of the club.(3) If a registered club contravenes this section, the club and the secretary of the club are each guilty of an offence and liable to a penalty not exceeding 5 penalty units.(4) The regulations may provide for the circumstances in which use of the word “casino” or any other specified word in a name or description of a registered club or a part of the club is not a contravention of this section.s 48A: Ins 1994 No 43, Sch 1 (4).
49 Amendment of rules of club
Within 1 month after a registered club amends its rules or within such further time as the Licensing Court, on an application made by the club, may allow, the club shall lodge with the secretary of the Board 2 copies of all of the rules (except the rules contained in section 30 (1) and (2)) and of the amendments certified as correct under the hand of the secretary of the club.Maximum penalty: 5 penalty units.s 49: Am 1978 No 68, Sch 8 (7); 1982 No 149, Schs 5 (4), 9; 1990 No 29, Sch 2 (12); 1993 No 29, Sch 4 (3).
50 Restrictions on sales etc of liquor by registered clubs
(1) If:(a) any person employed by, or on behalf and with the authority of, a registered club sells, supplies or disposes of liquor on the premises of a registered club, or permits liquor to be so sold, supplied or disposed of, to a person under the age of 18 years, orthen:(b) any person who is under the age of 18 years and who is in any bar is not forthwith removed from the bar,(c) the registered club, andare each guilty of an offence and liable to a penalty not exceeding 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).(d) the secretary of the registered club,(1A) For the purposes of this section, circumstances of aggravation exist in relation to an offence under this section if (and only if) both of the following apply:(a) the information by which the proceedings for the offence are instituted alleges that the offence is (for the reasons specified in the information) so serious as to warrant the imposition of a penalty in excess of 50 penalty units,(b) the court that convicts the person for the offence is of the opinion (having regard to the quantity or nature of the liquor involved or the young age of the person involved, or other relevant considerations) that the offence is so serious as to warrant the imposition of a penalty in excess of 50 penalty units.(2) Any person, other than a person employed by, or on behalf and with the authority of, a registered club, who supplies or disposes of liquor on the premises of a registered club, or permits liquor to be so supplied or disposed of, to a person under the age of 18 years, is guilty of an offence and liable to a penalty not exceeding 20 penalty units.(2A) If:(a) a person under the age of 18 years, oris on the premises of a registered club as the guest of a member of the club and is in any bar of the registered club, the member is guilty of an offence and liable to a penalty not exceeding 20 penalty units.(b) (Repealed)(3) It is a defence to a prosecution for an offence under subsection (1) (a) of permitting liquor to be supplied or disposed of to a person under the age of 18 years if it is proved that the liquor was supplied or disposed of to the person by his or her parent or guardian.(4) It is a sufficient defence to a prosecution for an offence arising under subsection (1) (b) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Industrial and Commercial Training Act 1989) and that the minor was present in the bar for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.s 50: Am 1980 No 25, Sch 1 (11); 1982 No 149, Sch 5 (5); 1985 No 153, Sch 12 (4); 1989 No 92, Sch 2 (5); 1993 No 29, Schs 4 (4), 5 (22); 1994 No 43, Sch 1 (13); 1996 No 41, Sch 2 [24]–[26]; 1997 No 155, Sch 5 [10].
50A Minors not permitted in poker machine areas
(1) If a person under the age of 18 years is in any poker machine area of a registered club (other than a part of the premises of a registered club referred to in section 54 (2) (a), (b), (b1) or (b2)) and is not forthwith removed from that area:(a) the registered club, andare each guilty of an offence and liable to a penalty not exceeding 50 penalty units.(b) the secretary of the registered club,(2) If a person under the age of 18 years is on the premises of a registered club as the guest of a member of the club and is in any poker machine area of the club, the member is guilty of an offence and liable to a penalty not exceeding 20 penalty units.(3) It is a sufficient defence to a prosecution for an offence arising under subsection (1) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Industrial and Commercial Training Act 1989) and that the minor was present in the poker machine area for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.s 50A: Ins 1980 No 25, Sch 1 (12). Am 1989 No 92, Sch 2 (6); 1993 No 29, Sch 4 (5); 1996 No 41, Sch 2 [27] [28]; 1997 No 155, Sch 5 [11].
50B Display of notices
(1) If there is not kept continuously displayed in a conspicuous place in every bar and poker machine area in the premises of a registered club a notice, complying with the requirements, if any, prescribed for the purposes of this subsection and containing such particulars as may be so prescribed, with respect to the exclusion from the bar or area of persons under the age of 18 years:(a) the registered club, andare each guilty of an offence and liable to a penalty not exceeding 20 penalty units.(b) the secretary of the registered club,(2) If there is not kept continuously displayed in a conspicuous place in the vicinity of the place where the register is kept for the purposes of section 30 (2) (k) a notice, complying with the requirements, if any, prescribed for the purposes of this subsection and containing such particulars as may be so prescribed, with respect to the obligations of members in relation to their guests who are under the age of 18 years:(a) the registered club, andare each guilty of an offence and liable to a penalty not exceeding 20 penalty units.(b) the secretary of the registered club,(3) It is a defence to a prosecution of a registered club, or of the secretary of the club, for an offence under this section if it is proved that:(a) the secretary of the club had taken all reasonable precautions to avoid commission of the alleged offence, and(b) at the time of the alleged offence the secretary of the club did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.s 50B: Ins 1980 No 25, Sch 1 (12). Am 1989 No 92, Sch 2 (7); 1993 No 29, Schs 4 (6), 5 (23); 1993 No 108, Sch 2.
51 Consumption of liquor or operation of poker machines by persons under 18 years
(1) A person under the age of 18 years shall not:(a) consume liquor on the premises of a registered club,(b) obtain or attempt to obtain liquor for consumption on the premises of a registered club,(c) carry liquor away or attempt to carry liquor away from the premises of a registered club,(d) use or operate poker machines in the premises of a registered club, or(e) enter or be in a poker machine area.Maximum penalty: 10 penalty units.(2) It is a sufficient defence to a prosecution for an offence arising under subsection (1) (c) if the defendant proves that he or she was ordered or requested by some other person of or above the age of 18 years to carry liquor away from the premises of the registered club.(3) It is a sufficient defence to a prosecution for an offence arising under subsection (1) (d) or (e) if the defendant proves that he or she was an apprentice or trainee, within the meaning of the Industrial and Commercial Training Act 1989, when the offence was committed and that he or she used or operated poker machines, or entered or was in a poker machine area, as the case may be, for the purpose only of receiving trade training as such an apprentice or trainee.s 51: Am 1980 No 25, Sch 1 (13); 1988 No 93, Sch 5 (4); 1993 No 29, Sch 7 (4); 1994 No 43, Sch 1 (26); 1997 No 155, Sch 5 [9]; 2000 No 62, Sch 2 [6].
51A (Repealed)
s 51A: Ins 1998 No 12, Sch 3 [2]. Rep 1999 No 27, Sch 2 [7].
51B Sale or supply of liquor by minor
(1) If in a registered club a person under the age of 18 years is permitted to sell, supply or serve liquor on the premises of the club, the registered club and the secretary of the club are each guilty of an offence.Maximum penalty: 50 penalty units.(2) No offence is committed under this section if the person under the age of 18 years:(a) was permitted to sell, supply or serve liquor only in the dining rooms or other unrestricted areas of the club, and(b) was permitted to do so with the consent of the Board (proof of which lies on the defendant).s 51B: Ins 1999 No 27, Sch 2 [8].
52 Prohibition on persons under 18 years being in bars
(1) A person who is under the age of 18 years shall not enter or be in a bar.Maximum penalty: 10 penalty units.(2) Subsection (1) does not prevent a person under the age of 18 years from entering or being in a bar where:(a) the bar is, or is in, a part of the premises of a registered club in which part a reception is being held in association with the wedding of a member of the club or of a person who is a child or parent of a member of the club or for whose maintenance a member of the club is or has been responsible, and(b) the person under the age of 18 years has been invited to that reception by a person entitled to issue the invitation.(3) It is a sufficient defence to a prosecution for an offence arising under subsection (1) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Industrial and Commercial Training Act 1989) and that the minor was present in the bar for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.s 52: Am 1978 No 68, Sch 1 (3); 1980 No 25, Sch 1 (14); 1982 No 149, Sch 5 (6); 1988 No 93, Sch 5 (5); 1993 No 29, Sch 7 (1); 1994 No 43, Sch 1 (26); 1997 No 155, Sch 5 [12].
52AA Minors passing through bars or poker machine areas
(1) It is a sufficient defence to a prosecution for an offence arising under section 50 (1) (b) or (2A), 50A, 51 (1) (e) or 52 if it is proved that the minor concerned:(a) was present in the bar or poker machine area only for so long as was reasonably necessary to pass through it in order conveniently to gain access to another area of the club that the minor may enter without contravening this Act, and(b) was at all times while in the bar or poker machine area in the company and immediate presence of a responsible adult.(2) The defences provided by this section are in addition to any other available defences.s 52AA: Ins 1999 No 27, Sch 2 [9].
52A Minor required to provide information
(1) An authorised person may require a person who is reasonably suspected of being a minor and who, if a minor, would be committing an offence against this Act:(a) to state his or her full name and residential address, and(b) to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proof of his or her age.(2) A person the subject of a requirement under subsection (1) shall not:(a) refuse or fail to state his or her full name and residential address, or(b) without reasonable cause, refuse or fail to produce evidence of age as referred to in subsection (1) (b).Maximum penalty: 10 penalty units.(3) In this section:means the secretary of a registered club, an employee or agent of a registered club, or a member of the police force.s 52A: Ins 1989 No 92, Sch 1 (2). Am 1993 No 29, Sch 5 (24).
52B Minor attempting to enter club premises or obtain liquor
(1) If:(a) the secretary, or an employee, of a registered club is aware that a person who may reasonably be suspected of being under the age of 18 years is attempting to enter the club premises, or a part of the club premises, andthe secretary or employee shall refuse the person entry to the premises or part.(b) the presence of the person on the premises or part of the premises would, if the person were under the age of 18 years, be an offence against this Act,Maximum penalty: 50 penalty units.(2) The secretary, or an employee, of a registered club shall refuse to supply liquor to a person on the club premises who may reasonably be suspected of being under the age of 18 years.Maximum penalty: 50 penalty units.s 52B: Ins 1989 No 92, Sch 1 (2). Am 1993 No 29, Sch 4 (7); 1996 No 41, Sch 2 [29].
52C Minor using false evidence of age
A person who:(a) is under the age of 18 years, andis guilty of an offence if the evidence is false in a material particular in relation to the minor.(b) uses any evidence purporting to be evidence of his or her age in order to obtain entry to, or to obtain liquor from, a registered club,Maximum penalty: 10 penalty units.s 52C: Ins 1990 No 115, Sch 1 (1).
53 Sending person under 18 years for liquor
A person shall not send another person under the age of 18 years to the premises of a registered club for the purpose of obtaining any liquor, or order or request another such person to go to any such premises for that purpose.Maximum penalty: 20 penalty units.s 53: Am 1980 No 25, Sch 1 (15); 1989 No 92, Sch 2 (8); 1996 No 41, Sch 2 [30].
54 Poker machines in dining rooms and dining and non-restricted areas
(1) In this section:dining area means any part of the premises of a registered club in respect of which an authority under section 22 specifying the part as a dining area is in force.non-restricted area means any part of the premises of a registered club in respect of which an authority under section 22 specifying the part as a non-restricted area is in force.(2) If at any time when a poker machine is located in:(a) any part of the premises of a registered club that is a dining room or dining area or in which part a reception referred to in section 52 (2) is being held,(b) any part of the premises of a registered club through or by means of which a person under the age of 18 years is permitted or obliged to obtain entry to, or to depart from, a dining room or dining area on the premises of that registered club or a part of the premises of a registered club in which part a reception referred to in section 52 (2) is being held,(b1) any part of the premises of a registered club that is a non-restricted area, ora person under the age of 18 years is in that dining room, dining area, non-restricted area or part:(b2) any part of the premises of a registered club through or by means of which a person under the age of 18 years is permitted or obliged to obtain entry to, or to depart from, a non-restricted area in the premises of the registered club,(c) the registered club, andare each guilty of an offence and liable to a penalty not exceeding 20 penalty units.(d) the secretary of the registered club,s 54: Am 1978 No 68, Sch 1 (4); 1980 No 25, Sch 1 (16); 1989 No 92, Sch 2 (9); 1993 No 29, Sch 4 (8).
54A Sale of stolen goods and possession, use or sale of drugs not to be permitted on premises of registered clubs
(1) A person, being the secretary of a registered club, an employee of a registered club or a person in charge of a registered club, shall not permit the premises of the club to be used for the sale of:(a) any goods that the person suspects of being stolen, or(b) any substance that the person suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.Maximum penalty: 50 penalty units.(1A) A person, being the secretary of a registered club, an employee of a registered club or a person in charge of a registered club, must not permit the possession or use on the premises of the club of any substance that the person suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.Maximum penalty: 50 penalty units.(2) It is a defence to a prosecution for an offence under this section if it is proved that the goods concerned were not stolen or that the substance concerned was not a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.s 54A: Ins 1985 No 13, sec 2. Am 1985 No 227, Sch 1; 1993 No 29, Sch 7 (1); 1996 No 42, Sch 2 [22] [23].
54B Gaming on club premises prohibited
(1) If the premises of a registered club are used for gaming for stakes or for the playing of an unlawful game or are opened, kept or used in contravention of the Unlawful Gambling Act 1998:(a) the registered club, andare each guilty of an offence and liable to a penalty, in the case of the registered club, not exceeding 20 penalty units and, in the case of the secretary, not exceeding 10 penalty units.(b) the secretary of the registered club,(2) A person, being an employee of a registered club or a person in charge of a registered club, other than the secretary of the registered club, must not permit the playing of an unlawful game on the premises of the club.Maximum penalty: 10 penalty units.(3) The conduct on the premises of a registered club of a lottery or game of chance pursuant to and in accordance with section 4 or 4A of the Lotteries and Art Unions Act 1901, or any other lawful gaming or wagering activity, does not render a person liable to a penalty under subsection (1) or (2).s 54B: Ins 1994 No 43, Sch 1 (14). Am 1997 No 73, Sch 2 [2]; 1998 No 113, Sch 2.13 [1].
54C Prohibition on extension of credit for gambling
(1) A responsible person for a registered club must not extend, or offer to extend, a cash advance or any other form of credit to another person for the purpose of enabling the other person to gamble at the registered club.Maximum penalty: 50 penalty units.(2) Subsection (1) does not apply to the extension of a cash advance in the form of a prize or bonus provided as referred to in section 9A (5A).(3) In this section:responsible person for a registered club means the following:(a) the secretary of the club,(b) a director of the club,(c) an agent or employee of the club,(d) a person acting or purporting to act on behalf of the club.s 54C: Ins 1999 No 49, Sch 6 [7].
54D Misrepresentation or misdescription of credit transactions
(1) A responsible person for a registered club must not, in any transaction involving a payment to the club by means of a credit facility provided by a bank or authorised deposit-taking institution, describe or represent any cash advance extended to another person who the responsible person knows, or could reasonably be expected to know, intends to use the cash advance to gamble at the club to be a payment for goods or services lawfully provided on the premises of the club or elsewhere.Maximum penalty: 50 penalty units.(2) In this section:responsible person has the same meaning as it has in section 54C.s 54D: Ins 1999 No 49, Sch 6 [7].
55 False or misleading statements
(1) A person must not, in an official document under this Act, make a statement that the person knows, or could reasonably be expected to know:(a) is false or misleading in a material respect, or(b) omits material matter.(2) A document is an official document under this Act if it is an application, declaration, affidavit, instrument or other document that is delivered to or lodged with the Board, the Licensing Court, the Director or the registrar, for the purposes of this Act.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.s 55: Am 1982 No 149, Sch 5 (7); 1990 No 115, Sch 1 (2); 1993 No 29, Sch 4 (9). Subst 1996 No 41, Sch 2 [31]. Am 1996 No 42, Sch 2 [24]; 1999 No 27, Sch 2 [10].
56 General defence available to secretary of registered club to prosecutions
(1) Except as provided by subsection (2), it is a sufficient defence to a prosecution of a secretary of a registered club for an offence under this Part if it is proved that:(a) the secretary had taken all reasonable precautions to avoid commission of the alleged offence, and(b) at the time of the alleged offence the secretary did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.(2) Subsection (1) does not apply to:(a) an offence under section 44A (1) (a), and(b) any other offence under this Part in respect of which a defence is specifically available to the secretary of a registered club.s 56: Am 1978 No 68, Sch 4; 1986 No 78, Sch 2 (7). Subst 1997 No 73, Sch 2 [3].
57 Evidence of age
(1) It is a defence to a prosecution for an offence under this Act alleged to have been committed in relation to a person under the age of 18 years if it is proved that there was produced to the defendant:(a) documentary evidence that might reasonably be accepted as evidence that the person was of or above the age of 18 years, or(b) evidence of a kind prescribed by the regulations as acceptable evidence that a person is at least 18 years of age.(2) A minor who:(a) provides information in order to obtain evidence of a kind prescribed by the regulations for the purposes of this section, andis guilty of an offence.(b) knows that the information is false or misleading in a material particular,Maximum penalty: 10 penalty units.(3) A person who:(a) provides or certifies information of a kind required to enable that or any other person to obtain evidence of a kind prescribed by the regulations for the purposes of this section, and(b) knows that the information is to be used in order to obtain evidence, or that it is required in order to obtain evidence, prescribed for those purposes, andis guilty of an offence.(c) knows that the information is intended to be used to obtain evidence that will be false or misleading in a material particular,Maximum penalty: 20 penalty units.s 57: Am 1980 No 25, Sch 1 (17); 1989 No 92, Sch 1 (3). Subst 1990 No 115, Sch 1 (3). Am 1993 No 29, Sch 5 (25).
57A (Repealed)
s 57A: Ins 1990 No 115, Sch 1 (3). Rep 1994 No 43, Sch 1 (15).
57B Minors not to be detained
A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a penalty under this Act or an amount ordered to be paid under Division 4 of Part 3 of the Fines Act 1996 in respect of a penalty notice issued under this Act.s 57B: Ins 1990 No 115, Sch 1 (3). Am 1994 No 43, Sch 1 (16); 1998 No 120, Sch 2.28.
57C Sale of undesirable liquor products
(1) The regulations may declare a specified liquor product or class of liquor products to be an undesirable liquor product.(2) The secretary of a registered club is guilty of an offence if any such product is sold or supplied at the club to any person.Maximum penalty: 50 penalty units.(3) The Minister may recommend the making of a regulation under this section only if, in the opinion of the Minister:(a) designs, motifs or characters on the packaging of the liquor products concerned are of such a kind that the products are, or are likely to be, attractive to minors, or(b) the products are likely, for any reason, to be confused with soft drinks or confectionery, or(c) the products, for any other reason, have or are likely to have a special appeal to minors.(4) The Minister must, before recommending the making of a regulation under this section, consult with relevant liquor industry representatives and the manufacturer of any liquor product proposed to be prescribed (where the manufacturer is known to the Minister).(5) The validity of a regulation under this section is not affected by any want of compliance with subsection (3) or (4).s 57C: Ins 2000 No 62, Sch 2 [7].
Part 7 Powers of police and of special inspectors
pt 7, hdg: Am 1990 No 29, Sch 2 (13).
58 Powers of entry, inspection and seizure by police, Director or special inspector
(1) If the Commissioner of Police believes on reasonable grounds:(a) that unlawful or disorderly conduct is taking place on the premises of a registered club, orthe Commissioner may, at any time of the day or night, enter the club premises with or without a constable or constables.(b) that a breach of this Act has been, or is being, committed on the premises of a registered club,(1A) If a special inspector believes on reasonable grounds that a breach of this Act has been, or is being, committed on the premises of a registered club, the special inspector may, at any time of the day or night, enter the premises with or without a police officer.(2) A person exercising the power conferred by subsection (1), or a constable accompanying such a person, may, with or without assistance, break into the premises if entry is refused or is unreasonably delayed (whether or not by the absence of a person able to permit entry to the premises).(2A) A police officer, the Director or a special inspector may, at any reasonable time, enter and examine any part of the premises of a registered club and may:(a) take an account of all liquor on the premises, or(b) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been, and are being, complied with, or(c) having required the secretary of the club (or any other person having them in his or her custody) to produce any registers, books, records or documents relating to the club—inspect, make copies of or take extracts from, entries in the registers, books, records or other documents.(2B) In the exercise of a power conferred under this section, the Commissioner of Police, a police officer or a special inspector may:(a) if the Commissioner, police officer or special inspector considers it necessary to do so for the purposes of obtaining evidence of the commission of an offence, seize any registers, books, records or other documents relating to the business conducted on the premises of the registered club, and(b) require any person to answer any question relating to any such registers, books, records or other documents or any other relevant matter.(3) A person who wilfully delays or obstructs a police officer, the Director or a special inspector in the exercise of powers under this section is guilty of an offence.Maximum penalty: 50 penalty units.(4) If the premises of a registered club are entered under this section, a member of the governing body of the club, or an employee of the club, is guilty of an offence if he or she refuses to permit, or refuses to assist, the exercise of the powers conferred by this section on the police officer, Director or special inspector making the entry.Maximum penalty: 50 penalty units.s 58: Am 1982 No 149, Schs 6 (1), 9; 1989 No 92, Sch 1 (4); 1989 No 92, Sch 2 (10); 1990 No 29, Sch 2 (14); 1993 No 29, Sch 5 (26); 1996 No 42, Sch 2 [25] [26].
59 Dealing with seized documents
(1) If the Commissioner of Police or a police officer or special inspector seizes any document under section 58 on the premises of a registered club, the Commissioner, police officer or special inspector must issue the person apparently in charge of the premises with a written receipt for the document.(2) The Commissioner of Police, police officer or special inspector may retain any document seized under section 58 until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.(3) A document may only be retained under subsection (2) if the person from whom the document was seized is provided, within a reasonable time after the seizure, with a copy of the document certified by the Commissioner of Police, police officer or special inspector as a true copy.(4) The copy is, as evidence, of equal validity to the document of which it is certified to be a copy.s 59: Am 1982 No 149, Sch 6 (2). Rep 1990 No 29, Sch 2 (15). Ins 1996 No 42, Sch 2 [27].
Part 7A Key officials
pt 7A: Ins 1993 No 29, Sch 2 (2).
59A Restrictions on key officials (registered clubs)
(1) A key official must not:(a) accept nomination for election or appointment as a member of the governing body of a registered club, or(b) hold office as a member of the governing body of a registered club, or(c) solicit employment, in any capacity, from a registered club, or(d) solicit employment, in any capacity, from a person known by the key official to be a member of the governing body of a registered club, the secretary of a registered club or any other close associate of a registered club, or(e) be an employee of a registered club in any capacity, or(f) be an employee, in any capacity, of a person known by the key official to be a member of the governing body of a registered club, the secretary of a registered club or any other close associate of a registered club.(2) A person holding the office of Director-General of the Department of Gaming and Racing, or the office of Director, or the office of Commissioner of Police, must not knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a registered club or a person known by the holder of the office to be:(a) a member of the governing body of a registered club, or(b) the secretary of a registered club, or(c) any other close associate of a registered club.(3) A key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police) must not without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a registered club or a person known by the key official to be:(a) a member of the governing body of a registered club, or(b) the secretary of a registered club, or(c) any other close associate of a registered club.(4) While a member of the governing body of a registered club, or the secretary of a registered club, knows that another person is a key official, the club must not:(a) accept nomination of the key official for election or appointment as a member of the governing body of the club, or(b) permit the key official to hold office as a member of the governing body of the club, or(c) employ the key official in any capacity.(5) While a member of the governing body of a registered club, or the secretary of a registered club, knows that another person is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police, the club must not knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the Director-General, Director or Commissioner.(6) While a member of the governing body of a registered club, or the secretary of a registered club, knows that another person is a key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police) the club must not without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the key official.(7) A close associate of a registered club (including a close associate who is a member of the governing body or the secretary) must not:(a) engage as an employee of the club, in any capacity, a person known by the close associate to be a key official, or(b) employ, in any capacity, a person known by the close associate to be a key official, or(c) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the close associate to be the Director-General of the Department of Gaming and Racing, or the Director, or the Commissioner of Police, or(d) without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the close associate to be a key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police).(8) An exemption from the application of subsection (1) (a) or (b), or subsection (4) (a) or (b), in relation to a key official (other than the Director-General of the Department of Gaming and Racing, the Director or the Commissioner of Police) in a particular case or class of cases may be granted by the appropriate authority.(9) A registered club which, or other person who, contravenes a provision of this section which is applicable to the club or person is guilty of an offence.Maximum penalty: 50 penalty units.(10) In this section:, in relation to a key official, means:(a) the Director-General of the Department of Gaming and Racing, unless the key official is a member of the Police Service, or(b) the Commissioner of Police, if the key official is a member of the Police Service.s 59A: Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [8] [11].
59B Restrictions on former key officials (registered clubs)
(1) A former key official must not:(a) accept nomination for election or appointment as a member of the governing body of a registered club, or(b) hold office as a member of the governing body of a registered club, or(c) solicit employment, in any capacity, from a registered club, or(d) solicit employment, in any capacity, from a person known by the former key official to be a member of the governing body of a registered club, the secretary of a registered club or any other close associate of a registered club, or(e) be an employee, in any capacity, of a registered club, or(f) be an employee, in any capacity, of a person known by the former key official to be a member of the governing body of a registered club, the secretary of a registered club or any other close associate of a registered club, or(g) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a registered club or a person known by the former key official to be a member of the governing body of a registered club, the secretary of a registered club or any other close associate of a registered club.Maximum penalty: 50 penalty units.(2) While a member of the governing body of a registered club, or the secretary of a registered club, knows that another person is a former key official, the club must not:(a) accept any nomination of the former key official for election or appointment as a member of the governing body of the club, or(b) permit the former key official to hold office as a member of the governing body of the club, or(c) employ the former key official in any capacity, or(d) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the former key official.Maximum penalty: 50 penalty units.(3) While knowing that another person is a former key official, a person who is a member of the governing body of a registered club, the secretary of a registered club or any other close associate of a registered club must not:(a) engage the former key official as an employee of the club in any capacity, or(b) employ the former key official in any capacity, or(c) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the former key official.Maximum penalty: 50 penalty units.(4) An exemption from the application of this section in relation to a former key official (other than a person who is a former Director-General of the Department of Gaming and Racing, or is a former Director, or is a former Commissioner of Police) in a particular case or class of cases may be granted:(a) by the Director-General of the Department of Gaming and Racing, unless the former key official was a member of the Police Service, or(b) by the Commissioner of Police, if the former key official was a member of the Police Service.(5) The Director-General of the Department of Gaming and Racing, and the Commissioner of Police are each to keep at his or her office a register of exemptions granted by him or her under this section. The register is to contain details of each such exemption and is to be open for inspection by any person free of charge during ordinary business hours.(6) In this section:former key official means a person who was a key official at any time during the previous 3 years, but is no longer a key official.(7) If a reference (“the original reference”) in this Act to a position, officer or Department is replaced with, or required to be read or construed as, a reference (“the replacement reference”) to another position, officer or Department, the replacement reference is for the purposes of the operation of this section to be read as including the original reference.s 59B: Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [9] [11].
59C Restrictions on key officials (gaming-related licences)
(1) A key official must not:(a) hold any type of gaming-related licence under this Act, or(b) solicit employment, in any capacity, from a holder of a gaming-related licence or a person known by the key official to be a close associate of a holder of such a licence, or(c) be an employee, in any capacity, of a holder of a gaming-related licence or a person known by the key official to be a close associate of a holder of such a licence.(2) A person holding the office of Director-General of the Department of Gaming and Racing, or the office of Director, or the office of Commissioner of Police, must not knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a holder of a gaming-related licence or a person known by the holder of the office to be a close associate of a holder of such a licence.(3) A key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police) must not without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a holder of a gaming-related licence or a person known by the key official to be close associate of a holder of such a licence.(4) A holder of a gaming-related licence or a close associate of a holder of such a licence must not:(a) employ, in any capacity, a person known by the licensee or close associate to be a key official, or(b) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the licensee or close associate to be the Director-General of the Department of Gaming and Racing, or the Director, or the Commissioner of Police, or(c) without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person the licensee or close associate knows to be a key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police).(5) A person who contravenes a provision of this section applicable to the person is guilty of an offence.Maximum penalty: 50 penalty units.(6) In this section:, in relation to a key official, means:(a) the Director-General of the Department of Gaming and Racing, unless the key official is a member of the Police Service, or(b) the Commissioner of Police, if the key official is a member of the Police Service.s 59C: Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [11].
59D Restrictions on former key officials (gaming-related licences)
(1) A former key official must not:(a) hold any type of gaming-related licence under this Act, or(b) solicit employment, in any capacity, from a holder of a gaming-related licence or a person known by the former key official to be a close associate of a holder of such a licence, or(c) be an employee, in any capacity, of a holder of a gaming-related licence or a person known by the former key official to be a close associate of a holder of such a licence, or(d) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a holder of a gaming-related licence or a person known by the former key official to be a close associate of a holder of such a licence.Maximum penalty: 50 penalty units.(2) While knowing that another person is a former key official, a person who holds a gaming-related licence, or a close associate of a holder of such a licence, must not:(a) employ the former key official in any capacity, or(b) have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the former key official.Maximum penalty: 50 penalty units.(3) An exemption from the application of this section in relation to a former key official (other than a person who is a former Director-General of the Department of Gaming and Racing, is a former Director, or is a former Commissioner of Police) in a particular case or class of cases may be granted:(a) by the Director-General of the Department of Gaming and Racing, unless the former key official was a member of the Police Service, or(b) by the Commissioner of Police, if the former key official was a member of the Police Service.(4) The Director-General of the Department of Gaming and Racing, and the Commissioner of Police are each to keep at his or her office a register of exemptions granted by him or her under this section. The register is to contain details of each such exemption and is to be open for inspection by any person free of charge during ordinary business hours.(5) In this section:former key official means a person who was a key official at any time during the previous 3 years, but is no longer a key official.(6) If a reference (“the original reference”) in this Act to a position, officer or Department is replaced with, or required to be read or construed as, a reference (“the replacement reference”) to another position, officer or Department, the replacement reference is for the purposes of the operation of this section to be read as including the original reference.s 59D: Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [10] [11].
Part 8 Legal proceedings
60 Licensing Court to state reasons for refusal
If an application made under this Act is refused by the Licensing Court the Licensing Court shall state its reasons for the refusal.s 60: Am 1982 No 149, Sch 9.
61 Discretionary powers of Licensing Court
Notwithstanding any other provision of this Act, on the hearing of an application made under this Act, the Licensing Court may at the request of the applicant or of any objector to the application and on such terms as to costs or adjournment as it thinks fit:(a) permit the lodgment or amendment of any notice or other instrument necessary to the proceedings before the court, or(b) disregard any omission, error, defect or insufficiency in any such notice or other instrument or any failure, defect or insufficiency in respect of the giving, serving, fixing, keeping affixed, advertising, exhibition or publishing of any such notice or other instrument if the Licensing Court is satisfied that injustice to any person will not thereby be occasioned.s 61: Am 1982 No 149, Schs 7 (1), 9.
62 Costs and expenses
(1) The Licensing Court:(a) in determining an application made under this Act to which an objection may be taken, may order that:(i) the applicant pay to any objector the objector’s reasonable costs and expenses in making the objection, or(ii) any objector or any person who the Licensing Court is satisfied is directly or indirectly interested in the taking of any objection pay to the applicant the applicant’s reasonable costs and expenses in answering the objection, orwithin such time as may be specified in the order.(b) in determining a complaint under section 17 may order that:(i) the registered club against which the complaint is made pay to the complainant the complainant’s reasonable costs and expenses in making the complaint, or(ii) the complainant pay to the registered club the registered club’s reasonable costs and expenses in answering the complaint,(2) Except in such circumstances as may be prescribed, an order shall not be made under subsection (1) for the payment of any amount by an objector or complainant if the Licensing Court is satisfied that the objection or complaint is based exclusively on considerations of public interest and is not malicious, frivolous or vexatious and that the objector or complainant has no direct or indirect pecuniary interest in the refusal of the application or any expectation of such an interest or in the upholding of the complaint.(3) Any amount ordered to be paid under subsection (1) may be recovered as a debt in any court of competent jurisdiction.(4) So long as any amount ordered to be paid by a registered club under subsection (1) remains unpaid after the time ordered for the payment thereof, the certificate of registration of the club shall be deemed to be not in force.s 62: Am 1980 No 25, Sch 1 (18); 1982 No 149, Sch 9.
63 Evidentiary provisions
(1) In any proceedings arising under this Act, the Liquor Act 1982 or the regulations, an allegation in the information or complaint by which the proceedings were commenced or in an objection to an application the subject of those proceedings, being:(a) an allegation that liquor was, on a specified day or during a specified period sold, supplied or disposed of shall, if it is proved that on that day or during that period a liquid was sold, supplied or disposed of, be deemed to be proof that that liquid was liquor unless the contrary is proved,(b) an allegation that a club is, or at any time specified in the allegation was, a registered club shall be deemed to be proved unless the contrary is proved,(c) an allegation that a club is not, or at any time specified in the allegation was not, a registered club shall be deemed to be proved unless the contrary is proved or a certificate of registration is produced and that certificate is expressed to be, or, as the case may be, to have been at that time, in force in respect of that club,(d) an allegation that a registered club is not, or at any time specified in the allegation was not, the holder of an authority under section 20, 21, 22 or 23 shall be deemed to be proved unless the contrary is proved or such an authority is produced and that authority is expressed to be, or, as the case may be, to have been at that time, in force in respect of that club,(d1) an allegation that the premises of a registered club are subject to a closure order is taken to be proved unless the contrary is proved,(e) an allegation that a specified person is, or at any time specified in the allegation was, the secretary of a registered club, as defined in paragraph (a) or (b) of the definition of secretary in section 4 (1), shall, if it is proved that that person is, or at that time was, an employee of that club, be deemed to be proof that that person is or, as the case may be, was at that time the secretary of that club unless the contrary is proved,(e1) an allegation that a specified person is, or at any time specified in the allegation was, the Director is taken to be proved unless the contrary is proved,(f) an allegation that a specified person is, or at any time specified in the allegation was, a delegate of the Director, or of the Commissioner of Police, to whom a specified function has been delegated under section 6A shall be deemed to be proved unless the contrary is proved, and(g) an allegation that any premises are, or at any time specified in the allegation were, the premises of a registered club or, as the case may be, the defined premises of a registered club shall be deemed to be proved unless the contrary is proved.(1A) In any legal proceedings, any one or more of the following allegations is taken to be proved unless the contrary is proved:(a) that a specified machine is, or is not, an approved poker machine or is, or is not, an established poker machine,(b) that a specified poker machine is, or is not, an authorised poker machine,(c) that a specified registered club is, or is not, authorised to keep, and to permit the use and operation of, a specified poker machine or a specified number of poker machines,(d) that a specified person is the Principal Registrar,(e) that a specified person is the holder of a gaming-related licence or a specified kind of gaming-related licence,(f) that a specified person is not the holder of a gaming-related licence or a specified kind of gaming-related licence,(g) that a specified gaming-related licence has been suspended,(h) that a specified person is a special inspector.(2) (Repealed)(3) In any proceedings under this Act, an allegation in an information that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless, as prescribed, the defendant denies the allegation.s 63: Am 1982 No 149, Sch 7 (2); 1984 No 153, Sch 12 (5); 1987 No 2, Sch 1 (5); 1990 No 29, Sch 2 (16); 1990 No 115, Sch 1 (4); 1993 No 29, Sch 1 (2); 1994 No 43, Sch 1 (27); 1996 No 42, Sch 2 [28]; 1997 No 155, Sch 4 [11].
63A Evidence by affidavit etc
(1) Subject to subsection (2) and except to the extent (if any) that the Licensing Court otherwise directs, evidence in any proceedings before the Court under this Act (other than proceedings for an offence) is to be given by affidavit.(2) Except to the extent (if any) that the parties otherwise agree or the Licensing Court otherwise directs, an affidavit may not, in the absence of the deponent, be admitted in evidence under subsection (1).(3) Where proceedings for or in respect of an offence against this Act are taken before the Licensing Court, a witness present in the Court at the hearing of the proceedings is, unless the Court otherwise directs in a particular case or class of cases, to give evidence by means of a written statement a copy of which has been given both to the Court and the parties and which, at the hearing, is verified orally on oath by the witness.(4) A witness who, pursuant to this section, gives evidence by affidavit or written statement may be cross-examined and re-examined as if he or she had given oral evidence on oath of the matter of the statement.s 63A: Ins 1994 No 43, Sch 1 (18).
64 Prosecution of unincorporated clubs
(1) An information for an offence arising under this Act of which a registered club that is not a body corporate is alleged to be guilty may be laid against the club in the name of the club.(2) Any such information may, subject to subsection (3), be prosecuted and dealt with in all respects as if the club were a body corporate.(3) Any penalty imposed on or other amount ordered to be paid by such a club upon its conviction for such an offence may be recovered from the trustees or other governing body of the club as a debt in any court of competent jurisdiction.(4) The trustees or other governing body of such a club are indemnified for the payment of any such penalty or other amount from the property of the club.
65 Proceedings for offences arising under this Act
(1) Proceedings for an offence arising under this Act may be taken within 12 months after the act or omission on which they are based and may be so taken:(a) before the Licensing Court, or(b) before a Local Court constituted by a Magistrate.(2) Proceedings referred to in subsection (1) taken before the Licensing Court shall for the purposes of any Act relating to summary proceedings before justices be deemed to be summary proceedings before justices.(3) Despite anything to the contrary in this section or in any other Act, proceedings for an offence referred to in the Table to this section may be taken within 3 years after the act or omission giving rise to the offence.Table (Offences to which a 3 year time limit applies)An offence against section 17AAA, 23, 27A, 27B, 32, 34, 35, 36, 37, 39, 40, 43A, 45, 45A, 47, 49, 55, 59A, 59B, 59C, 59D, 70, 72C, 78, 79, 80, 82, 82A, 82B, 82C, 82D, 82E, 82F, 83, 83A, 84, 87H, 94, 101, 111A, 116, 116B, 116C, 116D, 117, 121, 122, 122A, 127 or 128 of this Act.s 65: Am 1982 No 149, Schs 7 (3), 9 (am 1984 No 153, Sch 16); 1982 No 168, Sch 1; 1990 No 29, Sch 2 (17); 1996 No 42, Sch 2 [29].s 65, table: Ins 1996 No 42, Sch 2 [29]. Am 1999 No 31, Sch 2.35 [3].
65A Additional penalties
(1) In addition to any other penalty it may impose for an offence committed by a registered club under this Act, the Licensing Court may, if it thinks it appropriate, do any one or more of the following:(a) cancel the certificate of registration or functions authority of the club,(b) suspend the functions authority of the club,(c) subject the certificate of registration or functions authority of the club to a specified condition,(d) declare (subject to section 17AAA and subsection (3)) that each person specified in the declaration is, for such period as is specified in the declaration, ineligible to stand for election or to be appointed to, or to hold office in, the position of secretary or member of the governing body (or both of those positions) of:(i) the club, and(ii) if the court so declares—all other registered clubs or such other registered clubs as are specified or as are of a class specified in the declaration.(2) In addition to any other penalty it may impose for an offence committed by the holder of a gaming-related licence under this Act, a court may, if it thinks it appropriate, do any one or more of the following:(a) reprimand the licensee,(b) impose a condition to which a licence is to be subject, or revoke or vary a condition to which a licence is subject,(c) suspend a licence for such period, not exceeding 12 months, as the court thinks fit,(d) cancel a licence,(e) disqualify a licensee from holding a gaming-related licence for such period as the court thinks fit.(3) Section 17AAA (2) and (5)–(8) apply to a court exercising a power under subsection (1) (d) in the same way as they apply to the Licensing Court exercising its power under section 17 (2) (f).s 65A: Ins 1996 No 42, Sch 2 [30].
65B Remedial orders
(1) A court that finds a person guilty of an offence against this Act or the regulations, being an offence that is prescribed by the regulations for the purposes of this section, may, in addition or as an alternative to any penalty that it may impose for the offence, make either or both of the following orders:(a) an order requiring the person to publish an advertisement correcting any information contained in any advertising concerning any gambling activities at the registered club concerned that the court is satisfied on the evidence before it is false, misleading or deceptive and giving directions (if any) that the court considers appropriate as to the time, form, extent and manner of publication,(b) an order requiring any one or more of:(i) the secretary of the club, or(ii) a director of the club, orto undertake any specified course of training that the court considers will promote responsible practices in the conduct of gambling activities at the club.(iii) an employee of the club,(2) A person who, without lawful excuse, fails to comply with an order under this section is guilty of an offence.Maximum penalty: 20 penalty units.s 65B: Ins 1999 No 49, Sch 6 [8].
66 Penalty notices
(1) An authorised officer may serve a penalty notice on a person (including a registered club) if it appears to the officer that the person has committed an offence against this Act or the regulations and the offence is one that is stated by the regulations to be an offence to which this section applies.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for the purposes of this section for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence except proceedings under section 17 or 17AAA or Division 6 of Part 11.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil proceeding arising out of the same occurrence.(6) However, when a penalty is paid under this section in respect of a penalty notice served on a person, the person is for the purposes of sections 17 and 17AAA or Division 6 of Part 11 taken to have been convicted of the offence to which the penalty notice related.(7) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(8) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.(9) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(10) In this section:means a police officer, the Director or a special inspector.s 66: Rep 1978 No 68, Sch 8 (8). Ins 1994 No 43, Sch 1 (17). Am 1994 No 50, Sch 1 (14); 1996 No 42, Sch 2 [31] [32]; 1999 No 27, Sch 2 [11].
66A Attendance notices for offences
(1) If an information may be laid before the Licensing Court against any person for an offence that is prescribed by the regulations as an offence to which this section applies, a police officer may issue a notice for the attendance of the person before the Licensing Court.(2) The provisions of the Justices Act 1902 apply to and in respect of a notice issued under this section in the same way as they apply to and in respect of an attendance notice under that Act.(3) For the purposes of the application of the Justices Act 1902 under this section:(a) a notice issued under this section is taken to be an attendance notice issued under section 100AB of that Act, and(b) a reference in that Act to a justice is taken to include a reference to a licensing magistrate, and(c) a reference in that Act to a Local Court is taken to include a reference to the Licensing Court.s 66A: Ins 1996 No 42, Sch 2 [33].
Part 9 Miscellaneous
67 Power to demand certain particulars from certain persons on premises of registered clubs
(1) In this section, bar has the meaning ascribed to that expression by section 43.(2) A member of the governing body or of any committee of a registered club or an employee of a registered club may:(a) (Repealed)(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, orparticulars of the correct name and address of that person, 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),(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.(3) A member of the police force may demand:(a) (Repealed)(b) from any person who enters or is on the premises of any registered club (being a club to which section 30 (2) (k) applies) and who that member suspects on reasonable grounds is not:(i) a member of the club, or a minor who is the guest of a member, orparticulars of the correct name and address of that person, 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),(c) from any person who enters or is on the premises of any registered club (not being a club to which section 30 (2) (k) applies) and who that member 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.(4) If a member of the governing body or of a committee of a registered club, an employee of a registered club or a member of the police force, by whom a demand has been made under subsection (2) or (3), believes on reasonable grounds that any particular given by the person on whom the demand was made is false he or she may require that person to produce evidence of the correctness of that particular.(5) If a person on whom a demand is made under subsection (3) refuses or fails to state the particulars demanded or, without reasonable cause, to produce evidence referred to in subsection (4), the member of the police force by whom the demand was made may without any warrant apprehend that person forthwith and where he or she does so shall bring that person before some justices as soon as practicable to be dealt with according to law.(6) A person on whom a demand is made under subsection (2) or (3) shall not:(a) refuse or fail to state to the person by whom the demand is made, the particulars demanded of him or her.(b) (Repealed)Maximum penalty (subsection (6)): 10 penalty units.s 67: Am 1978 No 68, Sch 8 (9); 1984 No 153, Sch 12 (6); 1989 No 92, Sch 2 (11); 1993 No 29, Sch 5 (27); 1993 No 108, Sch 2; 1999 No 27, Sch 2 [12].
67A Removal of persons from premises of registered club
(1) The secretary or an employee of a registered club may refuse to admit to the registered club and may turn out, or cause to be turned out, of the premises of the club any person:(a) who is then intoxicated, violent, quarrelsome or disorderly, or(b) who, for the purposes of prostitution, engages or uses any part of the premises, or(c) whose presence on the premises renders the club or the secretary of the club liable to a penalty under this Act, or(d) who hawks, peddles or sells any goods on the premises, or(e) who uses, or has in his or her possession, while on the premises any substance that the secretary or employee suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or(f) whom the club, under the conditions of its certificate of registration, or a term (of the kind referred to in section 76A (1)) of a local liquor accord, is authorised or required to refuse access to the club.(2) If, pursuant to subsection (1), a person has been refused admission to, or has been turned out of, the premises of a registered club, the secretary of the club or an employee of the club may, at any subsequent time or from time to time, refuse to admit that person into the premises of the club or may turn the person out, or cause the person to be turned out, of the premises.(3) For the purposes of subsection (1) or (2), such reasonable force as may be necessary may be used to turn a person out of the premises of a registered club.(4) If a person to whom a secretary or an employee of a registered club is, under subsection (1) or (2), entitled to refuse admission to the premises of the club is on the premises the person must, on being required to do so by the secretary of the club, an employee of the club or a police officer, quit the premises.Maximum penalty: 50 penalty units.(5) If a police officer is requested by the secretary of a registered club or an employee of the club to turn out, or assist in turning out, of the premises of the club a person whom the secretary or employee is entitled under subsection (1) or (2) to turn out of the premises, it is the duty of the police officer to comply with the request and the police officer may, for that purpose, enter the premises and use such reasonable degree of force as may be necessary.(6) In this section:employee includes a person engaged under a contract for services.s 67A: Ins 1983 No 67, Sch 1 (2). Subst 1996 No 42, Sch 2 [34]. Am 2000 No 62, Sch 2 [8]; 2000 No 93, Sch 1.19 [9].
67B Forfeiture of liquor and containers
(1) If a certificate of registration of a club is cancelled under this Act, there is forfeited to the use of the Crown all liquor found, not earlier than 7 days after the cancellation takes effect, in the club’s possession on the club’s premises, together with the vessels in which the liquor is contained.(2) A police officer or a special inspector may seize and carry away any liquor, together with the vessels in which the liquor is contained, that the officer or inspector reasonably suspects may be liable to forfeiture under this section.s 67B: Ins 1996 No 42, Sch 2 [35].
68 Breath analysis equipment
(1) Evidence of the results of a test indicating the presence or concentration of alcohol in the blood of a person by means of a breath analysing instrument installed on the premises of a registered club is not admissible:(a) in any civil proceedings against the club (subject to subsection (2)), or(b) in any criminal proceedings.(2) This section does not prevent the admission into evidence in civil proceedings of the results of a test if it is established that at the time of the test:(a) the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or(b) the secretary of the club or any other person having responsibility for the management or supervision of the club was aware or should have been aware that the instrument was not operating correctly, or(c) subsection (4) was being contravened in respect of the breath analysing instrument concerned.(3) A breath analysing instrument is an instrument that is designed to ascertain by analysis of a person’s breath the concentration of alcohol present in the person’s blood, being an instrument of a type specified in Australian Standard 3547 (Breath Alcohol Testing Devices for Personal Use), published by Standards Australia. That standard, as in force from time to time, is the relevant Australian Standard for the purposes of this section.(4) At all times that a breath analysing instrument installed on the premises of a registered club is available for use by members or their guests on those premises there must be prominently displayed on or in close proximity to the instrument a sign that complies with the following requirements:(a) the sign must be clearly legible and in good condition and so positioned that its contents can be easily read by a person using the instrument,(b) the sign must display the following matter in print of a type size and character that will be clearly legible to a person using the equipment:IMPORTANT INFORMATION ABOUT BREATH TESTINGReadings given by this instrument are NOT ACCEPTED by the Police or the Courts.Your blood alcohol level can rise for 1 hour or more after your last drink.(5) If subsection (4) is contravened, the registered club and the secretary of the registered club are each guilty of an offence.Maximum penalty: 20 penalty units.s 68: Am 1978 No 68, Sch 6 (8); 1982 No 149, Schs 8 (1), 9. Rep 1990 No 29, Sch 2 (18). Ins 1994 No 50, Sch 1 (15). Am 1996 No 41, Sch 2 [32]; 1999 No 12, Sch 2 [6] [7]; 1999 No 85, Sch 2.52.
69, 70 (Repealed)
s 69: Am 1981 No 69, Sch 1 (6); 1982 No 149, Sch 8 (2); 1990 No 115, Sch 1 (5); 1993 No 29, Schs 5 (28), 7 (2). Rep 1997 No 155, Sch 4 [12].
s 70: Am 1982 No 149, Sch 8 (3); 1990 No 29, Sch 2 (19); 1993 No 29, Schs 5 (29), 7 (4). Rep 1997 No 155, Sch 4 [12].
70A Functions of the Board
In addition to the functions conferred on it by this Act, the Board:(a) shall keep under constant review the operation of this Act and make such recommendations to the Minister in relation thereto as it thinks fit,(b) shall, upon being directed by the Minister so to do, inquire into, and make a report and recommendations to the Minister upon, any matter connected with the administration of this Act (including the keeping or operation of poker machines),(c) shall keep under constant review the standard of the premises of registered clubs,(d) may receive submissions or reports from any person with respect to the operation of this Act (including the manufacture, assembly, supply, sale, acquisition, servicing, disposal, keeping or operation of poker machines), and(e) may impose conditions with respect to any matter within its jurisdiction and revoke or vary any such condition.s 70A: Ins 1985 No 78, Sch 1 (3). Am 1994 No 43, Sch 1 (28).
70B (Repealed)
s 70B: Ins 1987 No 2, Sch 1 (6). Rep 1995 No 11, Sch 1.109 [6].
71 Service of summonses, notices etc
(1) A summons issued under this Act may be served by post.(2) Any summons, notice (including a penalty notice) or other instrument to be served on a club under this Act may be served by leaving it with the secretary of the club, a member of the governing body or of a committee of the club or a person who is apparently an employee of the club at the premises of the club or by affixing it to a conspicuous part of the premises of the club.(3) A summons, notice (including a penalty notice) or other instrument required or permitted to be served under this Act by post is taken to have been properly addressed for the purpose of its service by post if addressed to the person to whom it is directed at any of the following addresses:(a) the address of the premises of the registered club (in the case of service on the club),(b) the address of the place at which the person resides, as last known to the Board,(c) the address of a place at which the person carries on business, as last known to the Board.(4) Service of a summons by post may be proved by the oath of the person who served it, or by affidavit or otherwise. The deposition or affidavit of service must state the manner in which the deponent was informed of the address to which it was posted and the time and place of posting.(5) The provisions of this section operate in addition to and do not derogate from the operation of a provision of any other law relating to service (such as section 109X of the Corporations Act 2001 of the Commonwealth in respect of a registered club that is a company within the meaning of that Act).s 71: Am 1982 No 149, Sch 8 (4). Subst 1994 No 50, Sch 1 (16). Am 2001 No 34, Sch 4.51 [8].
71A Date of payment to Board by direct deposit
A payment made to the Board for the purposes of this Act by means of payment to a bank, building society or credit union for direct deposit to the credit of the Board is taken to have been paid to the Board on the date of payment to that bank, building society or credit union.s 71A: Ins 1993 No 56, Sch 1 (4). Am 1996 No 24, Sch 1.
72 Sydney Cricket Ground Club and Newcastle International Sports Centre Club
(1) In this section club means the Sydney Cricket Ground Club and the club referred to in section 9 (1) of the Newcastle International Sports Centre Act 1967.(2) Notwithstanding any other provision of this Act, the Governor may, by order and subject to such conditions as he or she thinks fit:(a) (Repealed)(b) from time to time exempt a club or the governing body, secretary or members of a club from any of the provisions of this Act otherwise applicable in respect of the club or the governing body, secretary or members of the club.(3) Any conditions imposed by the Governor under subsection (2) (b) may be added to, revoked or varied by him or her during the period the certificate of registration is in force.(4)–(6) (Repealed)(7) Nothing in this section affects the operation of any other provision of this Act expressly exempting a club from any such provision.(8) Any certificate of registration in respect of the Sydney Cricket Ground Club purporting to have been issued by the licensing court under Part 10 of the Liquor Act 1912 at any time before the commencement of this Act shall be deemed to have been validly granted and issued.(9) (Repealed)s 72: Am 1982 No 149, Sch 8 (5); 1990 No 29, Sch 2 (20).
72A Expenses of administration
(1) The expenses of and incidental to the administration of the affairs of a registered club by a person appointed under this Act are payable by the club.(2) The remuneration of a person so appointed is an expense referred to in subsection (1) and is to be fixed by the Licensing Court.s 72A: Ins 1990 No 43, Sch 1 (6).
72B Liability for losses incurred during administration
(1) A person appointed by the Licensing Court to administer the affairs of a registered club is not liable for any loss incurred by the club during the person’s term of office unless the loss was attributable to the person’s:(a) wilful misconduct, or(b) gross negligence, or(c) wilful failure to comply with any provision of this Act or the regulations or the constitution of the club (in so far as that provision of the constitution is applicable to the members of the governing body of the club).(2) Neither the Crown nor the Minister is liable for any loss incurred by a registered club during the term of office of a person appointed under this Act to administer the affairs of the club, whether or not the person is so liable.s 72B: Ins 1990 No 43, Sch 1 (6).
72C Secrecy
(1) A person who:(a) acquires information in the exercise of a function of an office held by the person in the course of administering this Act, andis guilty of an offence unless the information is recorded or divulged in the exercise of the functions of the office or in the course of administering this Act as a holder of that or any other office.(b) directly or indirectly makes a record of the information or divulges it to another person,Maximum penalty: 50 penalty units.(2) Despite subsection (1), information may be divulged:(a) to a particular person or persons, if the Board certifies that it is necessary in the public interest that the information be divulged to the person or persons, or(b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates, or(c) to a prescribed person or a prescribed authority, or(d) to a person who is engaged in the administration of this Act and is authorised in writing by the Minister to receive information under this section.(3) It is not an offence under this section if, in legal proceedings, a person:(a) discloses information in answer to a question that the person is compellable to answer, or(b) produces a document or other thing that the person is compellable to produce.(4) An authority or person to which or to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as the authority or person would be if that authority, person or employee were a person administering this Act and had acquired the information in the course of administering this Act.(5) This section does not apply to the divulging of information to, or to the production of any document or other thing to, any of the following:• the Independent Commission Against Corruption,• the National Crime Authority,• the New South Wales Crime Commission,• the Ombudsman,• any other person or body prescribed for the purposes of this section.(6) This section does not prevent a person being given access to a document in accordance with the Freedom of Information Act 1989.(7) In this section, a reference to the production of a document or other thing includes a reference to provision of access to the document or other thing.s 72C: Ins 1993 No 29, Sch 5 (30). Am 1994 No 50, Sch 1 (17).
73 Regulations
(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:(a) the practice and procedure of the Licensing Court,(b) the recording by the Licensing Court of its determination on any application under this Act,(c) the duties and functions of the Commissioner of Police, special inspectors, registrars and the secretary of the Board,(d) the making of and the procedure with respect to objections under this Act,(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) the forms for the purposes of this Act,(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) the submission to the Licensing Court of plans of the premises of registered clubs, or(l) the duties and functions of a registered club, or(m) prescribing guidelines for the assistance of secretaries and employees of registered clubs in determining indications of intoxication, or(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)–(y) (Repealed)(1A) Without limiting the generality of subsection (1), a regulation may make provision for or with respect to any of the following:(a) the manufacture and assembly of approved gaming devices,(b) the supply, offering to supply, sale, acquisition, ownership, possession, keeping, use, operation, transport, control, management, servicing, repair, maintenance and disposal of approved gaming devices,(c) the design and construction of approved gaming devices,(d) the means of identification, and the appearance, of approved gaming devices,(e) the terms and conditions of acquisition, ownership and disposal of approved gaming devices,(f) the types of approved gaming devices which may, or may not, be kept, used and operated on premises or a part of premises,(g) the installation and location of approved gaming devices on premises or a part of premises,(h) the offering and provision of prizes and bonuses relating to the use of approved gaming devices and the calculation and determination of the prizes and bonuses,(i) the keeping of records in relation to the keeping, use and operation of approved gaming devices, the form in which the records are to be kept, the transfer of the records, the inspection of the records and the obtaining of copies of the records,(j) the furnishing of returns, including periodic returns, in relation to approved gaming devices,(k) tampering or interfering with approved gaming devices,(l) the examination and inspection of approved gaming devices,(m) the sealing of an approved gaming device to prevent it from being operated without breaking the seal,(n) the withdrawal of an approved gaming device from operation until a defect in the device is rectified,(o) the removal of approved gaming devices from premises or parts of premises and the disposal of approved gaming devices by sale or otherwise,(p) the rebuilding or reconstruction of approved gaming devices and the distribution of used or second-hand approved gaming devices,(q) information to be provided on or in relation to approved gaming devices and the display of signs on or in relation to approved gaming devices,(r) the apportionment of duty payable in respect of approved gaming devices,(s) security procedures for the manufacture, assembly, storage, handling, transport, consignment and receipt of approved gaming devices,(t) any matter relevant to the conduct of gaming by the use of an approved gaming device,(ta) any matter relevant to the operation of an authorised centralised monitoring system,(u) any matter relevant to the operation of an authorised linked gaming system within the meaning of Part 12,(v) licences, licensees and key employees within the meaning of Part 12.(2) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be determined, applied or regulated from time to time by a specified person or body.(2A) The regulations may provide that the form to be used for a particular purpose is to be the form approved for the purpose by the Board.(2B) A regulation may apply, adopt or incorporate any publication as in force from time to time.(3) A regulation may impose a penalty not exceeding 50 penalty units for a contravention of the regulation.s 73: Am 1982 No 149, Sch 8 (6); 1986 No 78, Sch 1 (3); 1990 No 29, Schs 2 (21), 3 (9); 1993 No 29, Sch 1 (3); 1996 No 42, Sch 2 [36]; 1996 No 103, Sch 2 [3]; 1997 No 44, Sch 3 [3]; 1997 No 73, Sch 1 [3]; 1997 No 155, Sch 5 [13]–[16]; 1998 No 12, Sch 3 [3].
73A Age of members of governing body of club
(1) A person may become or be a member of the governing body of a registered club even if the person is of or above the age of 72 years.(2) Subsection (1) has effect despite any other Act or law.(3) The maximum age of a member of the governing body of a registered club is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to section 201C of that Act.Note—This subsection ensures that section 201C (Directors of public companies, or subsidiaries, over 72) of the Corporations Act 2001 of the Commonwealth will not apply in relation to the matter referred to in the subsection. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to specified provision of that Act, then that provision will not apply in relation to that matter in the State concerned.s 73A: Ins 1990 No 43, Sch 1 (7). Am 1994 No 50, Sch 1 (18). Subst 2001 No 34, Sch 4.51 [9].
74 (Repealed)
s 74: Am 1982 No 148, Sch 1. Rep 1999 No 85, Sch 4.
75 References in other Acts to registered clubs under Liquor Act 1912
A reference in any Act to a club registered under the Liquor Act 1912 or to a certificate of registration of a club issued under the Liquor Act 1912 shall be construed respectively as a reference to a club registered under this Act or to a certificate of registration of a club issued under this Act.s 75: Am 1982 No 149, Sch 8 (7).
76 Transitional provisions
Schedule 2 has effect.
76A Local liquor accords
(1) Without limiting the terms that may be included in a local liquor accord, such an accord may make provision for or with respect to authorising or requiring any registered clubs that are parties to the accord:(a) to cease to serve liquor at club premises, oror both, from a time of day that is earlier than the time at which, as required by the relevant certificate of registration, trading must cease.(b) to restrict the public’s access to club premises in a manner and to the extent provided by the accord,(2) Entry by any person into a local liquor accord, and any conduct on the part of any person for the purpose of promoting or giving effect to the terms of a local liquor accord, are specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.(3) Conduct authorised by subsection (2) is authorised only to the extent (if any) to which the conduct, so far as it consists of things done to regulate the supply of liquor or in some other respect, would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth or the Competition Code of New South Wales.s 76A: Ins 1999 No 27, Sch 2 [13]. Am 2000 No 62, Sch 2 [9] [10].
Part 10 Keeping of approved gaming devices and payment of duty
pt 10, hdg: Subst 1988 No 93, Sch 4 (1). Am 1997 No 155, Sch 5 [17].
pt 10: Ins 1986 No 78, Sch 1 (4).
Division 1 Keeping of poker machines
77 Lawful keeping etc of poker machines
(1) Despite anything in the Lotteries and Art Unions Act 1901, the Unlawful Gambling Act 1998 or any other Act except this Act, and despite any law, it is lawful:(a) to keep and operate an authorised poker machine on the defined premises of a registered club, andif the poker machine is kept and operated, and the prizes and bonuses are paid or presented, in accordance with this Act and any conditions of the certificate of registration of the club.(b) to pay or present prizes and bonuses won as a direct or indirect consequence of operating a poker machine,(2) (Repealed)(3) Neither the keeping of a poker machine by a registered club, nor its operation, is a ground for a complaint under section 17 unless the keeping or operation is unlawful.s 77: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 1 (4); 1998 No 113, Sch 2.13 [2].
77A Investigation of certain devices
(1) The holder of a dealer’s licence may apply to the Board for declaration of a device as an approved poker machine and the Board may:(a) investigate the application, or authorise its investigation, in order to determine whether the device is suitable for declaration, and(b) require the applicant to meet the cost of the investigation.(2) It is a condition of the licence of the applicant that the licensee is to pay to the Board, within a time allowed by the Board, such of the costs of the investigation as may be required by the Board and is to do so even if the investigation is terminated without a decision being made as to whether or not the device is to be declared to be an approved poker machine.(3) Costs determined by the Board for the purposes of this section are reviewable only by the Board.(4) This section does not:(a) confer a right to have a device investigated, or(b) prevent the Board from terminating at its discretion an investigation of a device.s 77A: Ins 1993 No 29, Sch 1 (5).
77B Declaration of approved poker machine or of cessation as established poker machine
(1) The Board may:(a) declare that a device referred to in the declaration is an approved poker machine for the purposes of this Act, or(b) if it considers it necessary to do so in the public interest, declare that a poker machine referred to in the declaration has ceased to be an established poker machine.(2) A declaration under this section:(a) may refer to a device or poker machine specifically or by reference to a class or description of devices or poker machines, and(b) in relation to a device, may be a temporary declaration pending final determination of an application for declaration of the device as an approved poker machine.(3) Without affecting the discretion of the Board to make, or refuse to make, a declaration of a device as an approved poker machine, the Board may refuse to make such a declaration if the Board considers that it would relate to a device that does not meet such technical standards as the Board considers to be necessary to ensure the integrity of gaming by use of the device.(4) If an approved poker machine kept by a registered club is modified in such a way that it is in the form of a different approved poker machine, it ceases to be an approved poker machine despite being in that form unless:(a) the material used to effect the modification was supplied by the holder of a dealer’s licence, either directly or through the holder of another gaming-related licence, and(b) the modification was effected in accordance with a variation of the authority in force in relation to the poker machine under section 78A.(5) Subsection (4) applies to an established poker machine in the same way as it applies to an approved poker machine.(6) A minor or insignificant variation does not preclude a poker machine from being an approved poker machine or an established poker machine if the variation does not affect its security or integrity or the manner in which the poker machine from which it varies was designed and programmed to function.(7) The Board may revoke a declaration in force under this section if it considers that it is necessary to do so in the public interest or if it is a temporary declaration.(8) If the Board:(a) revokes a declaration of a device as an approved poker machine, orthe revocation or declaration does not take effect until the registered club or licensee in possession of the poker machine has been given, or served by post with, written notice of the revocation or declaration.(b) declares that a poker machine has ceased to be an established poker machine,(9) A poker machine:(a) ceases to be an approved poker machine if its declaration as an approved poker machine is revoked, or(b) ceases to be an established poker machine if a declaration under this section so provides.(10) Neither the Board nor a member of the Board, nor any person who in good faith furnishes information to the Board for the purpose of the exercise by the Board of its powers and functions under this section, incurs, or has ever incurred, any liability that but for this section might be claimed to arise from:(a) a declaration by the Board to the effect that a device is an approved poker machine, or(b) a revocation by the Board of such a declaration, orwhether the declaration or revocation took effect before, or takes effect on or after, the commencement of this section.(c) a declaration by the Board that a poker machine has ceased to be an established poker machine,s 77B: Ins 1993 No 29, Sch 1 (5). Am 1998 No 12, Sch 3 [4].
77C Dealer may make representations on investigation of device or revocation of declaration
(1) The Board may not:(a) terminate the investigation of an application by the holder of a dealer’s licence for declaration of a device as an approved poker machine, or(b) refuse such an application, or(c) revoke an existing declaration of a device as an approved poker machine that was made on the application of the holder of a dealer’s licence, orunless this section is complied with before it decides to do so.(d) declare that a poker machine referred to in the declaration has ceased to be an established poker machine,(2) The Board must:(a) except in the case of a declaration referred to in subsection (1) (d), serve on the relevant holder of a dealer’s licence, ora notice in writing that complies with subsection (3).(b) in the case of a declaration referred to in subsection (1) (d) serve on the relevant registered club,(3) The notice must:(a) specify the reasons why the Board is considering taking such action as is specified in the notice, and(b) afford the licensee or registered club an opportunity to show cause within such period of at least 14 days as is specified in the notice why the Board should not take that action.(4) The licensee or registered club may, within the period allowed by the notice, arrange with the Board for the making of submissions to the Board as to why the proposed action should not be taken and the Board is to consider any submissions so made.(5) After considering any submissions made by the licensee or registered club, or if no such submissions are made, the Board may:(a) proceed with the proposed action, or(b) conditionally or unconditionally desist from taking the proposed action.(6) The decision of the Board takes effect when written notice of the decision is given to the licensee or registered club or on a later date specified in the notice.s 77C: Ins 1993 No 29, Sch 1 (5).
78 Keeping, acquisition and disposal of poker machine
A registered club shall not:(a) keep a poker machine that is not an authorised poker machine,(a1) keep an authorised poker machine without complying with any conditions imposed by the Board in relation to the keeping of the machine,(b) acquire a poker machine without the authority of the Board or without complying with any conditions imposed by the Board in relation to the acquisition of the poker machine, or(c) dispose of a poker machine without the authority of the Board or without complying with any conditions imposed by the Board in relation to the disposal of the poker machine.Maximum penalty: 100 penalty units.s 78: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 1 (6), 4 (10).
78A Authority to keep poker machine
(1) The Board may authorise a registered club to acquire and keep, or to dispose of, an approved poker machine or an established poker machine.(2) The Board may vary an authority in force under this section to allow a modification of the poker machine in accordance with section 77B.(3) In the instrument by which it authorises the acquisition, keeping or disposal of a poker machine, or by which it varies an authority, the Board is to identify the machine.(4) A fee is payable, in an amount and in a manner determined by the regulations, whenever an authority to acquire and keep a poker machine is imposed or varied by any person exercising the functions of the Board in accordance with section 133A.s 78A: Ins 1993 No 29, Sch 1 (7). Am 1998 No 12, Sch 3 [5].
79 Application to keep or dispose of poker machine
(1) An application to the Board:(a) for authority to acquire and keep, or to dispose of, an approved poker machine or an established poker machine, oris to be in a form approved by the Board and is to be accompanied by such documents as comply with the requirements of the form.(b) for a variation of an existing authority to keep a poker machine,(2) Where, before a decision is made on an application, there is a change in the information provided in or accompanying the application (including information provided under this subsection) the applicant club shall forthwith provide the Board with full particulars of the change.Maximum penalty: 20 penalty units.(3) The Board may, from time to time before making a decision on an application, require the applicant club to provide, or require the applicant club to authorise another person to provide, the Board with such further information in relation to the application as is specified by the Board and, until the information is provided, may defer consideration of the application.(4) The Board:(a) may approve an application form that requires the information provided by completing the form to be verified by statutory declaration, and(b) may require information or particulars provided by an applicant to be verified by statutory declaration.(5) A registered club shall not acquire or modify a poker machine unless:(a) the property in the poker machine passes to the club unconditionally and free from encumbrances after being paid for in full by the club without the club having obtained financial accommodation in order to make the payment, orunder a written contract that includes prescribed terms and conditions.(b) the poker machine is acquired or modified in accordance with financial and other arrangements approved by the Board,Maximum penalty: 50 penalty units.(6) Any change in the financial or other arrangements under which a registered club acquires or modifies a poker machine is void without the prior written consent of the Board.(7) Where, at the commencement of this Division, a registered club is keeping an established poker machine, the Board shall be deemed to have, at that commencement, authorised the keeping of the poker machine.(8) An authorisation granted under this section or referred to in subsection (7) ceases to have effect:(a) if it is suspended or cancelled by the Board, or(b) if it relates to a poker machine that has, in accordance with section 77B, ceased to be an approved poker machine or an established poker machine.s 79: Ins 1986 No 78, Sch 1 (4). Am 1987 No 48, Sch 31; 1993 No 29, Schs 1 (8), 4 (11); 1993 No 47, Sch 1; 1993 No 108, Sch 2.
79A Trial of poker machine
(1) A registered club may, with the approval of the Board and subject to compliance with any conditions imposed by the Board, keep on its defined premises:(a) on a trial basis, anda poker machine that is not an approved or established poker machine.(b) for a period fixed by the Board,(2) If a poker machine is kept as provided by subsection (1), this Act (section 79 (5) and (6) excepted) applies to it in the same way as the Act applies to an authorised poker machine.s 79A: Ins 1988 No 93, Sch 2 (1).
79B Approved gaming devices not permitted in retail shopping centres
(1) In this section:retail shopping centre means a retail shopping centre within the meaning of the Retail Leases Act 1994, and includes:(a) any adjoining building, or(b) anything declared to be a retail shopping centre by the regulations, but does not include anything excluded from this definition by the regulations.(2) An approved gaming device cannot be authorised under this Act to be kept (or used and operated) in any part of the premises of a registered club:(a) that are part of a retail shopping centre or proposed retail shopping centre, or(b) that were part of a retail shopping centre within the previous 12 months.(3) If an application is granted under this Act that results in any part of the premises of a registered club being moved or extending to a retail shopping centre or proposed retail shopping centre:(a) any entitlement under this Act to keep approved gaming devices in that part of the premises of the club ceases, and(b) the entitlement revives if:(i) that part of the premises of the club is moved to premises that are not within a retail shopping centre or proposed retail shopping centre, or ceases to be part of the premises of the club, or(ii) that part of the premises of the club ceases to be part of a retail shopping centre for at least 12 months.(4) Subsection (2) does not apply to any authority given as a result of an application that was finally determined before the commencement of this section (whether or not the premises of the registered club are or become part of a retail shopping centre).(5) Subsection (2) does not apply to any authority that does not result in any increase in the total number of approved gaming devices authorised to be kept in the registered club.(6) An authority given after the commencement of this section (whether in respect of an application pending at or made after that commencement) has no effect if it contravenes this section.(7) This section extends to a device kept in a registered club on a trial basis as provided by section 79A or by section 167 of the Liquor Act 1982 (as applied by Part 10A).(8) Damages or compensation are not payable by or on behalf of the Crown because of:(a) the enactment or operation of this section, or for the consequences of that enactment or operation, or(b) representation or conduct of any kind about any limitation on the keeping of approved gaming devices in retail shopping centres.In this subsection, the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes the Board or any officer, employee or agent of the Crown or the Board.(9) This section has effect despite anything to the contrary in this Act.s 79B: Ins 2000 No 13, Sch 1 [2].
80 Sharing of receipts from poker machine
(1) A registered club shall not:(a) share any receipts arising from the operation of a poker machine, or(b) make any payment or part payment by way of commission or allowance from or upon any such receipts.Maximum penalty: 50 penalty units.(2) This section does not apply in respect of a poker machine that is part of an authorised linked gaming system within the meaning of Part 12, but only if an agreement exists between a licensee (or joint venturers mentioned in section 142A) and a participating club (within the meaning of that Part) in relation to the linked gaming system for the sharing of receipts.s 80: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 4 (12); 1996 No 103, Sch 2 [4]; 1998 No 12, Sch 3 [6].
81 Granting interests in poker machines
(1) A registered club must not grant any interest in a poker machine to any other person.Maximum penalty: 50 penalty units.(2) This section does not apply to:(a) an interest in a poker machine that arises from an interest (such as a floating charge) granted over the whole of the registered club’s assets or over a portion of the registered club’s assets that includes, but does not specifically identify, the machine, or(b) an interest in a poker machine that is granted in accordance with financial or other arrangements approved by the Board.s 81: Ins 1986 No 78, Sch 1 (4). Rep 1993 No 29, Sch 1 (9). Ins 1999 No 12, Sch 2 [8].
82 Defective poker machine
(1) A registered club is guilty of an offence if a poker machine available for use on the club premises fails to function in the manner in which it was designed and programmed to function.Maximum penalty: 100 penalty units.(2) It is a defence to a prosecution for an offence under subsection (1) if it is proved:(a) that the operation of the poker machine was for testing or maintenance purposes, or(b) that the secretary or other person for the time being in charge of the club:(i) had taken all reasonable precautions to ensure that the poker machine was functioning properly, and(ii) at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the poker machine was not functioning properly.s 82: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 1 (10).
82D Protection of sensitive areas of poker machines
(1) It is an offence for a person (other than a specially authorised person) to do any of the following:(a) break a seal securing a computer cabinet or gain access to anything within a computer cabinet,(b) affix a seal to a computer cabinet,(c) remove, replace or in any way affect or interfere with the operation of a computer cabinet or anything within a computer cabinet,(d) break a seal protecting the integrity of the game program of a poker machine,(e) remove, or interfere with, any security device on a poker machine,(f) remove, or interfere with, the housing protecting the meters of a poker machine,(g) remove, disconnect or interfere with a meter of a poker machine,(h) interfere with information received, stored or transmitted electronically by a poker machine,(i) remove, or interfere with, any mark or seal affixed to a poker machine to preserve the integrity of operation of the machine.Maximum penalty: 100 penalty units.(1A) A specially authorised person must, if the person breaks any seal in doing anything referred to in subsection (1), replace the seal.Maximum penalty: 100 penalty units.(2) Except as provided by subsection (2A), a person (including a specially authorised person) who removes, alters or otherwise interferes with the compliance plate on a poker machine is guilty of an offence.Maximum penalty: 100 penalty units.(2A) Subsection (2) does not prevent the holder of a technician’s licence from doing any of the following things in relation to the compliance plate on a poker machine, so long as the machine is not operated at any time when the compliance plate is not attached to the machine:(a) moving the compliance plate to another part of the machine,(b) removing the compliance plate if it is damaged, and replacing it with a new compliance plate,(c) destroying any such damaged compliance plate,(d) temporarily removing the compliance plate in order to enable work to be done to the facade of the machine.(3) A person who authorises or permits another person to act in a way that is an offence under another provision of this section is also guilty of an offence.Maximum penalty: 100 penalty units.(4) In this section:compliance plate has the same meaning as in section 116D.computer cabinet means the sealable part of a poker machine that contains the game program storage medium and the random access memory.means a special inspector, a holder of a technician’s licence, a person exercising a function under section 127 or a person appointed by the Director as a specially authorised person for the purposes of this section.s 82D: Ins 1993 No 29, Sch 1 (11). Am 1997 No 73, Sch 2 [4]–[7].
82E Modification of poker machine
(1) A person who modifies an approved poker machine in such a way that it is in the form of a different approved poker machine is guilty of an offence unless the person holds a technician’s licence or the modification does not, as provided by section 77B, preclude the poker machine from being an approved poker machine.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a technician’s licence who modifies an approved poker machine in such a way that it is in the form of a different approved poker machine is guilty of an offence unless there is returned within a reasonable time to the supplier of the materials for the conversion so much of the poker machine as ceased to form part of it after its conversion and comprised:(a) a meter, circuit board, read-only memory device or artwork, or(b) a component prescribed as a restricted component.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.s 82E: Ins 1993 No 29, Sch 1 (11).
82F Consignment or movement of poker machines
(1) A holder of a dealer’s licence, a seller’s licence or an adviser’s licence who consigns or moves a poker machine:(a) to or from any place at which the licensee carries on the business authorised by the licence, oris to give the Director a written notification stating the particulars required by this section, and is to do so not later than 3 clear days before the consignment or movement or, in a particular case or class of cases, within a time approved by the Director.(b) from outside the State to a place within the State,(2) The required particulars are:(a) the number of machines, and(b) the number of each type of machine, and(c) the manufacturer’s serial number for each of the machines, and(d) the origin and destination of the machines, and(e) the intended dates of transportation, and(f) the intended method of transport and the name of the carrier.(3) The Director may, conditionally or unconditionally, grant an exemption from the operation of this section in a particular case or a particular class of cases.(4) A licensee who fails to comply with a requirement of this section that is applicable to the licensee is guilty of an offence.Maximum penalty: 50 penalty units.s 82F: Ins 1993 No 29, Sch 1 (11).
83 Cheating in relation to poker machine
(1) A person who:(a) has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of a poker machine in a registered club, or(b) does anything calculated, or likely, to interfere with the normal operation of a poker machine in a registered club, oris guilty of an offence.(c) does anything calculated to render a poker machine in a registered club incapable, even temporarily, of producing a winning combination,Maximum penalty: 100 penalty units.(2) Subsection (1) does not apply to anything done in good faith in connection with:(a) the installation, alteration, adjustment, maintenance or repair of a poker machine by the holder of a technician’s licence, or(b) the exercise by a person of a function conferred or imposed by this Act on a specially authorised person referred to in section 82D.(3) A person who, with intent to dishonestly obtain money or a financial advantage for himself or herself or another person, inserts in a poker machine in a registered club anything other than:(a) a coin or token of the denomination or type displayed on the machine as that to be used to operate the machine, or(b) a banknote of a denomination approved by the Board for use in order to operate the machine, oris guilty of an offence.(c) a card of a type approved by the Board for use in order to operate the machine,Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3A) A person who, in connection with a poker machine in a registered club:(a) by any fraudulent representation, or(b) by a fraudulent scheme or practice, orobtains for himself or herself or another person, or induces a person to deliver, give or credit to him or her or another person, any money, benefit, advantage, valuable consideration or security, is guilty of an offence.(c) by the fraudulent use of a poker machine or any other thing,Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.(3B) A person who, without lawful excuse, uses or has in his or her possession in a registered club any equipment, device or thing that permits or facilitates cheating or stealing in connection with a poker machine is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.(4) A person who knows of any faulty or fraudulent computer programming and as a result gains, or gains for another person, an advantage in the operation of a poker machine is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(5) A person who authorises or permits another person to act in a way that is an offence under another provision of this section is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.s 83: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (12). Am 1998 No 12, Sch 3 [7].
83A Illegal advantage gained during design etc of poker machine
(1) A person who, during the design, manufacture, assembly, maintenance or repair of a poker machine, dishonestly makes provision to gain an advantage (whether or not for another person) in the operation of the machine is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A person who, as a result of gross negligence during the design, manufacture, assembly, maintenance or repair of a poker machine, makes provision to gain an advantage (whether or not for another person) in the operation of the machine is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3) A person who does anything to a poker machine in order to conceal anything that is an offence under subsection (1) or (2) is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(4) A person who authorises or permits another person to act in a way that is an offence under another provision of this section is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.s 83A: Ins 1993 No 29, Sch 1 (13).
84 Illegal possession of poker machine by club
Except to the extent that may be otherwise prescribed, a registered club shall not be in possession of a poker machine that is not an authorised poker machine.Maximum penalty: 100 penalty units.s 84: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 4 (13).
Division 2 Duty on approved gaming devices
pt 10, div 2, hdg: Subst 1988 No 93, Sch 4 (1); 1993 No 56, Sch 1 (5). Am 1997 No 155, Sch 5 [18].
85 Duty on approved gaming devices
(1) There is payable to the Board by a registered club the duty imposed by this Division in respect of approved gaming devices kept and operated on the defined premises of the club.(1A) In respect of a club whose defined premises include two or more areas that, in accordance with the regulations, are determined by the Board or otherwise taken to be separate and distinct premises, the provisions of this Division imposing the duty apply as though each of those premises were a separate club, and a reference in those provisions to an approved gaming device kept on the premises of the club is to be construed accordingly.(2) The regulations may make provision for or with respect to the deferral of the payment of duty, refunds of duty and exemption from the payment of duty, but any such regulations may only be made with the consent of the Treasurer.(3)–(5) (Repealed)(6) An amount of duty due and unpaid by a registered club may be recovered in a court of competent jurisdiction as a debt due by the club to the Crown.(7) Any amount paid to the Board as duty under this section shall be paid by the Board to the Consolidated Fund.(8) (Repealed)s 85: Ins 1986 No 78, Sch 1 (4). Am 1986 No 155, Sch 1; 1988 No 93, Sch 4 (2); 1993 No 56, Sch 1 (6); 1996 No 41, Sch 2 [33]; 1997 No 155, Sch 5 [19]; 1998 No 12, Sch 3 [8].
86 Definitions
(1) In this Division:cancelled credits payment means payment of an amount by way of redemption of credits accumulated by an approved gaming device player in the course of play.duty period means a period of 12 months commencing on 1 December.jackpot payment means payment of an amount to which an approved gaming device player is entitled:(a) for the achievement by the player, at the end of a play, of a combination of symbols that is designated, in the original design of the device or in a subsequent modification approved by the Board, as a jackpot combination, or(b) on the happening of any other event or contingency which the Board, by instrument in writing, approves as being a due occasion of a jackpot payment for the purposes of this definition.outgoings means cancelled credits payments, jackpot payments or any other outgoing of a kind prescribed by the regulations.profits means the excess of revenue over outgoings.revenue from an approved gaming device means money invested by players of the gaming device in order to play it.(2) For the purposes of the definition of cancelled credits payment in subsection (1):(a) credits accumulated by an approved gaming device player in the course of play include credits accumulated as a result of the investment of money by the player before proceeding to play the device or while playing it, and(b) a player’s credits are completely redeemed on payment to the player of an amount equal to the amount that a player would have to invest in the device concerned, when showing a nil credit balance, in order (without playing the device) to be credited with that number of credits.s 86: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 4 (3); 1993 No 47, Sch 1. Subst 1993 No 56, Sch 1 (7). Am 1997 No 44, Sch 3 [5]–[8]; 1997 No 155, Sch 5 [20]–[22].
86A Collection of duty on approved gaming devices
(1) This section applies to approved gaming devices that are connected to an authorised centralised monitoring system and to such other approved gaming devices as the regulations may provide.(1A) The regulations may provide that particular approved gaming devices or approved gaming devices of a particular class or description are approved gaming devices to which this section applies. The regulations can provide for example that an approved gaming device is one to which this section applies if it is kept, used or operated in a registered club in which any approved gaming device that is connected to an authorised CMS is kept, used or operated.(2) A CMS licensee is authorised to collect the duty imposed by this Division in respect of each approved gaming device to which this section applies. It is a condition of the licence of the CMS licensee that any amount of duty collected by the licensee is paid to the Board in accordance with the arrangements approved by the Minister.(3) The regulations may make provision for or in respect of the collection of duty by a CMS licensee.(4) In this section, duty includes any penalty that is payable to the Board in relation to the duty.s 86A: Ins 1997 No 44, Sch 3 [9]. Am 1997 No 151, Sch 4 [2] [3].
87 Rate of duty for gaming machines
(1) If the profits from all approved gaming devices kept on the premises of a registered club in a duty period do not exceed $200,000, no duty is payable on the profits.(2) (Repealed)(3) If the profits from all approved gaming devices kept on the premises of a registered club in a duty period exceed $200,000 but do not exceed $1,000,000, duty is payable on so much of the profits as exceeds $200,000 but do not exceed $1,000,000, at the rate of 10.91%.(4) If the profits from all approved gaming devices kept on the premises of a registered club in a duty period exceed $1,000,000, duty is payable:(a) in the sum of $87,280, and(b) on so much of the profits as exceeds $1,000,000, at the rate of 17.16%, except as provided by subsection (5).(5) If the Board is satisfied, on such evidence as it may require, that a proportion of so much of the profits derived from approved gaming devices kept on the premises of a registered club during a duty period as exceeds $1,000,000 has been applied to community development and support (as defined by guidelines published under subsection (6)), the amount of duty payable by virtue of subsection (4) (b) is by this subsection reduced by an amount equal to the amount so applied, except as provided by subsection (10).(6) The Minister may from time to time, after consultation with the Registered Clubs Association of New South Wales, publish guidelines that determine what constitutes the application of profits to community development and support for the purposes of subsection (5).(7) Guidelines under subsection (6) must provide for the following:(a) of the funds claimed by a registered club to have been applied to community development and support during a duty period mentioned in subparagraphs (i)–(iii) below, amounts not less than the amounts prescribed by each such paragraph must have been applied to specific community welfare, community development, social services and employment assistance activities:(i) for the duty period ending on 30 November 1998—an amount equal to 0.42% of so much of the profits derived from approved gaming devices kept by the club during that period as exceeds $1,000,000,(ii) for the duty period ending on 30 November 1999—an amount equal to 0.6% of so much of the profits derived from approved gaming devices kept by the club during that period as exceeds $1,000,000,(iii) for the duty period ending on 30 November 2000—an amount equal to 0.75% of so much of the profits derived from approved gaming devices kept by the club during that period as exceeds $1,000,000,(b) funds claimed by a registered club to have been applied to community development and support, being capital expenditure directed to the enhancement of club facilities:(i) can only be sourced from the balance of funds available after expenditure requirements on community welfare, community development, social services and employment assistance activities in accordance with paragraph (a) have been met, and(ii) cannot include funds applied to enhancement of gaming facilities at the club,(c) a listing of community social expenditure priorities in each region of the State is to be developed in consultation with State government agencies such as the Department of Community Services and the Council of Social Service of New South Wales and made available to registered clubs (either directly or by furnishing it to the Registered Clubs Association of New South Wales) for the purposes of determining their priorities with respect to community development and support expenditure,(d) the Registered Clubs Association of New South Wales is to be required to advertise, at times to be prescribed by the guidelines, in a newspaper circulating throughout the State and in newspapers circulating in regions of the State, that registered clubs are seeking applications for community development and support projects,(e) a registered club claiming a reduction under subsection (5) must:(i) take such steps as the guidelines may prescribe to ascertain, from the recipients of any money applied by the club to community development and support projects, the manner in which the money was applied, and(ii) verify, by statutory declaration of some appropriate person or in such other manner as the guidelines may prescribe, all information supporting its claim and the measures taken by it in compliance with subparagraph (i).(8) Provisions of the guidelines that define the terms community welfare, community development, and employment assistance for the purposes of subsection (7) (a) are to be settled in consultation with the Registered Clubs Association of New South Wales and the Council of Social Service of New South Wales.(9) Part 6 of the Interpretation Act 1987 (sections 39, 42 and 43 excepted) applies to guidelines under subsection (6). The guidelines are to be reviewed, in consultation with the Registered Clubs Association of New South Wales and with the Council of Social Service of New South Wales, and remade and republished for the purposes of their application in respect of the duty period commencing on 1 December 1999 and subsequent duty periods.(10) The amount by which duty payable under subsection (4) (b) is reduced by subsection (5) cannot exceed an amount equal to 1.5% of all the profits to which subsection (4) (b) applies.(11) The rates of duty prescribed by this section are not to be varied before 1 February 2001, except as provided by section 87AA and the Intergovernmental Agreement Implementation (GST) Act 2000.(12) The Minister and the Treasurer are to cause a review of the rates of duty on profits derived from approved gaming devices to be undertaken in conjunction with the club industry, the results of which are to be presented to them not later than on 31 January 2001, except as provided by section 87AA.Note—For the rates of duty applicable to profits derived from approved gaming devices in the duty period commencing on 1 December 1997, see Part 13 of Schedule 2.s 87: Ins 1986 No 78, Sch 1 (4). Rep 1988 No 93, Sch 4 (4). Ins 1993 No 56, Sch 1 (7). Subst 1996 No 103, Sch 2 [5]. Am 1997 No 37, Sch 5. Subst 1998 No 12, Sch 3 [9]. Am 1998 No 151, Sch 2 [1]; 2000 No 44, Sch 8 [1]–[4].
87AA Problem gambling policy
(1) The Registered Clubs Association of New South Wales is to develop and publish, by 31 May 1998, an appropriately funded policy that is capable of enforcement for minimising harm caused to the public interest and to individuals and families by gambling in registered clubs.(2) If the Association does not meet its obligations under this section by the due date, the dates mentioned in section 87 (11) and (12) are to be shortened by 2 months for every calendar month after the due date during which the Association fails to meet those obligations.s 87AA: Ins 1996 No 103, Sch 2 [6]. Subst 1998 No 12, Sch 3 [9]. Am 1998 No 151, Sch 2 [2].
87A Payment by instalments
(1) For the purposes of this Division, every duty period is divided into 4 periods of 3 months each (in this Division called instalment periods) commencing on 1 December, 1 March, 1 June and 1 September.(2) Quarterly instalments of duty are payable by each registered club in respect of each instalment period.(3) If the profits from all approved gaming devices kept on the premises of a registered club in an instalment period do not exceed $50,000, no instalment is payable.(4) (Repealed)(5) If the profits from all approved gaming devices kept on the premises of a registered club in an instalment period exceed $50,000 but do not exceed $250,000, the instalment payable is an amount equal to 10.91% of the amount by which the profits exceed $50,000 but do not exceed $250,000.(6) If the profits from all approved gaming devices kept on the premises of a registered club in an instalment period exceed $250,000, the instalment payable is:(a) in the sum of $21,820, and(b) an amount equal to 15.66% of the amount by which the profits exceed $250,000.(7) Despite the foregoing provisions of this section, the remainder of any duty that, having regard to the provisions of section 87 (4)–(7), remains payable in respect of the whole of a duty period is payable at the time of payment of the last instalment for the period.(8) Subsection (7) does not affect the operation of section 87D.(9) An instalment is payable within 21 days after the end of the relevant instalment period.Note—For the instalment payable in respect of the instalment period commencing on 1 December 1997, see Part 13 of Schedule 2.s 87A: Ins 1993 No 56, Sch 1 (7). Am 1996 No 103, Sch 2 [7]; 1997 No 155, Sch 5 [23]. Subst 1998 No 12, Sch 3 [9]. Am 2000 No 44, Sch 8 [5]–[7].
87B Adjustments
(1) Following the end of a duty period and after payment by a club of the instalment payable in respect of the instalment period ending on 30 November, the Board must, on application by the club, make a comparison of the duty payable in respect of that duty period and of the total of the relevant 4 quarterly instalments made.(2) If, after the Board makes its comparison, the total of the instalments paid exceeds the duty payable for the duty period, the excess is to be credited to the club in the accounts of the Board.s 87B: Ins 1993 No 56, Sch 1 (7). Subst 1998 No 12, Sch 3 [9].
87C Application of amounts credited
(1) The liability of a registered club to pay any instalment or other amount of duty under this Division is reduced to the extent of any amount standing to the credit of the club in the accounts of the Board at the date the payment is due.(2) Money credited to a registered club in the accounts of the Board may be appropriated by the Board in satisfaction of the whole or part of any duty or penalty payable by the club under this Division, but may not be otherwise appropriated by the Board for or toward the discharge of any debts of the club.s 87C: Ins 1993 No 56, Sch 1 (7).
87D Penalty for late return or payment of duty
(1) The penalty for not paying a duty instalment in the amount required and within the time allowed under this Division is an amount of $100 plus a daily penalty, until payment is made, of 0.15% of the duty in arrears on the due date.(2) The penalty for not submitting a return in accordance with section 87H (5) is an amount of $100 plus a daily penalty, until the return is submitted, of 0.15% of the duty instalment (if any) payable for the quarter concerned.(3) A registered club which, but for this subsection, would be liable to pay a penalty under both subsections (1) and (2) in respect of the same quarterly period is by this subsection excused from its liability to pay the lesser of those penalties (or, in a case where the penalties are in equal amounts, one of those penalties).(4) A penalty under this section is payable by the club concerned to the Board and if not paid may be recovered on behalf of the Crown as if it were duty payable under this Division.(5) The Board may, in a particular case or class of cases, remit or waive the whole or part of any penalty payable under this section.s 87D: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [24].
87E Board may estimate profits when return not provided
(1) If a registered club does not submit a return in accordance with section 87H (5), the Board may, taking into account any previous known profits of the club from approved gaming devices and such other evidence as may be available to it, make an estimate of such profits derived by the club during the period in respect of which the return was required.(2) Until the contrary is proven, the Board’s estimate under this section is, for the purposes of any proceedings for the recovery of duty or a penalty payable under this Division, taken to be the profits of the club from approved gaming devices during the period in question.s 87E: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25].
87EA Reassessment of duty on approved gaming devices
(1) The Board may, from time to time, reassess a return by a registered club under section 87H in order to determine the duty payable on approved gaming devices kept by the registered club during the period in respect of which the return was required.(2) The Board may carry out a reassessment for such reasons as it thinks fit (including where it is of the opinion that the information provided in the return might be incorrect).(3) The Board may, after making such inquiries as it thinks fit and taking into account such information as may be available to it, reassess the return provided under section 87H and determine the amount of duty that is payable by the registered club for the duty period concerned.(4) The amount of duty payable by a registered club as determined by the Board under this section is, for the purposes of this Division, the amount that is payable by the registered club, and is payable within the period specified by the Board in its determination.(5) Section 87D does not apply to duty determined under this section.(6) If the amount of duty as determined by the Board under this section is less than the amount paid by the registered club for the duty period concerned, the Board is required to hold the money in credit for the registered club or to refund the difference to the registered club, as determined by the Board.(7) If:(a) the amount of duty as determined by the Board under this section would, but for this subsection, be greater than the amount of duty paid by the registered club for the duty period concerned, andthe Board may determine the duty at an amount not exceeding the sum of:(b) the information in the return is incorrect and the Board is of the opinion that the person who furnished the information knew, or ought to have known, it to be incorrect or that the information was furnished with reckless indifference as to whether it was correct or incorrect,(c) the amount at which, but for this subsection, the duty would have been determined, and(d) an amount not exceeding the difference between the amount of duty paid and the amount referred to in paragraph (c).(8) An amalgamated club is liable for the payment of the amount of any duty as determined by the Board under this section that has not been paid by a registered club that was a party to the amalgamation.(9) An amalgamated club is entitled to any amount of refund to which a registered club that was a party to the amalgamation was entitled, but which was not paid before the cancellation of registration of that registered club.s 87EA: Ins 1997 No 155, Sch 5 [26].
87F, 87G (Repealed)
s 87F: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 1998 No 12, Sch 3 [10].
s 87G: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 1998 No 12, Sch 3 [11].
87H Records and returns
(1) A registered club must keep such records relating to approved gaming devices as may be directed by the Board.(2) A registered club must lodge with the Board:(a) returns relating to approved gaming devices (other than devices connected to an authorised centralised monitoring system) in a form approved by the Board, and(b) an auditor’s report in a form approved by the Board, and(c) a statutory declaration by the secretary of the club made in a form approved by the Board.(3) A registered club must not, under subsection (2), lodge with the Board a return that is false or misleading in a material particular.(4) Proceedings for an offence under subsection (3) may be commenced at any time within the period of 3 years that next succeeds commission of the offence.(5) A return required under subsection (2) in relation to quarterly approved gaming device performance and duty payable under this Division is to be submitted by a registered club to the Board at the end of each instalment period.(6) A registered club is to retain a copy of each return lodged under subsection (2) for a period of not less than 3 years after the date on which it was lodged.Maximum penalty: 20 penalty units.s 87H: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25] [27] [28]; 1999 No 27, Sch 2 [14].
Division 2A Monitoring of approved gaming devices
pt 10, div 2A: Ins 1997 No 44, Sch 3 [10].
87HA Requirement for gaming devices to be connected to authorised centralised monitoring system
(1) This section applies to approved gaming devices that are of a class or classes of gaming devices identified by the Minister as being capable of connection to an authorised centralised monitoring system.(2) It is a condition of a certificate of registration of a registered club that each approved gaming device to which this section applies that is kept, used or operated on the defined premises must be connected to an authorised centralised monitoring system:(a) by no later than 1 January 2001, or(b) in the case of any particular registered club or class of registered club identified by the Minister—by no later than such date (being a date that is earlier than 1 January 2001) as the Minister may direct by notice in writing to the registered club concerned, or(c) in the case of such class or classes of registered clubs as may be prescribed by the regulations—by no later than such date (being a date that is later than 1 January 2001) as is specified in the regulations in respect of the class of registered club concerned.s 87HA: Ins 1997 No 44, Sch 3 [10].
87HB Monitoring fee payable by registered clubs to CMS licensee
(1) It is a condition of a certificate of registration of a registered club that the registered club must pay a monitoring fee in respect of each approved gaming device that:(a) is kept, used or operated on the defined premises, and(b) is connected to an authorised centralised monitoring system.(2) The monitoring fee is payable by the registered club in accordance with the regulations.(3) The amount of any fee payable under this section is to be determined by the Minister from time to time in consultation with the Treasurer, and in consultation with the Independent Pricing and Regulatory Tribunal pursuant to such arrangements as may be entered into under section 9 (1) (b) of the Independent Pricing and Regulatory Tribunal Act 1992.(4) The regulations may make provision for or in respect of the payment of any fee under this section. In particular, the regulations can provide for the manner and frequency of the payment of the fee, to whom the fee is payable and the collection and recovery of the fee. The regulations can provide for example that the fee is recoverable as a debt owed to the person to whom the fee is payable.s 87HB: Ins 1997 No 44, Sch 3 [10]. Am 1997 No 151, Sch 4 [4] [5].
Division 3 Multi-terminal gaming machines
pt 10, div 3 (ss 87I, 87J): Ins 1996 No 103, Sch 2 [8].
87I Clubs may operate approved gaming devices that are MTGMs
(1) A registered club may keep and operate multi-terminal gaming machines.(2) The number of multi-terminal gaming machines that may be kept and operated by a registered club must not exceed the number prescribed by the regulations.(3) It is a condition of a certificate of registration of a registered club that the club must not keep and operate a multi-terminal gaming machine if the maximum amount for any single bet, or the maximum amount of any prize, exceeds the maximum amount, respectively, prescribed by the regulations.pt 10, div 3 (ss 87I, 87J): Ins 1996 No 103, Sch 2 [8].
87J MTGM player terminals taken to be separate gaming devices
For the purposes of this Act, each player terminal that forms part of a multi-terminal gaming machine is, except as provided by the regulations, taken to be (and accordingly be counted as) a separate approved gaming device.pt 10, div 3 (ss 87I, 87J): Ins 1996 No 103, Sch 2 [8].
Part 10A Approved amusement devices
pt 10A: Ins 1996 No 103, Sch 2 [9].
88AA Approved amusement devices
(1) Subject to this Act, the provisions of the Liquor Act 1982 relating to approved amusement devices apply to and in respect of registered clubs in the same way as they apply to and in respect of hotels, with:(a) subject to paragraph (b), such adaptations as may be necessary, and(b) such exclusions and modifications as may be prescribed by the regulations.(2) Subsection (1) does not apply to Division 4 of Part 5 of the Liquor Act 1982 or to any provision of that Act that provides for the transitional application of, or any saving in relation to, any of the provisions of that Division. This subsection does not limit subsection (1) (b).s 88AA: Ins 1996 No 103, Sch 2 [9]. Am 1998 No 12, Sch 3 [12].
88AB Certificates of registration
(1) A certificate of registration under this Act may deal with any matters relating to approved amusement devices with which a hotelier’s licence under the Liquor Act 1982 may deal.(2) Without limiting subsection (1), any conditions relating to approved amusement devices that could be imposed (and otherwise dealt with) in relation to hotels under the Liquor Act 1982 can be imposed (or otherwise dealt with) in relation to registered clubs under this Act.s 88AB: Ins 1996 No 103, Sch 2 [9].
88AC (Repealed)
s 88AC: Ins 1996 No 103, Sch 2 [9]. Rep 1998 No 12, Sch 3 [13].
Part 10B Freeze on number of approved gaming devices kept by clubs
pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1].
88AD Duration of freeze
(1) This Part applies during the period:(a) commencing at 12 pm on 28 March 2000, and(b) ending at the time (not earlier than 12 pm on 28 March 2001) appointed by proclamation.(2) The time appointed for the end of the period may be altered by a further proclamation or proclamations published before the time so appointed.(3) In this Part, the period of the freeze is the period during which this Part applies, as provided by this section.pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1].
88AE Number of gaming devices in each club not to be increased during the period of the freeze
(1) The maximum number of approved gaming devices that a registered club may keep during the period of the freeze must not exceed the maximum number of approved gaming devices that the club was authorised to keep under this Act at the beginning of the period of the freeze.(2) This section applies to any authority under this Act to keep approved gaming devices, whether given by or on behalf of the Licensing Court or the Board.(3) This section is subject to the other provisions of this Part.(4) For the purposes of this Part, an authority to keep a multi-terminal gaming machine is taken to be an authority to keep the number of approved gaming devices that corresponds to the number of player terminals on that multi-terminal gaming machine.pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1].
88AF Exceptions to the freeze
(1) This Part does not prevent an increase in the maximum number of approved gaming devices that a registered club is authorised to keep under this Act if the club establishes that its financial viability will be seriously threatened during the period of the freeze if it is unable to keep the additional devices.(2) The applicant is required to establish such a serious threat to its financial viability to the satisfaction of the Licensing Court or the Board (whichever is dealing with the application under this Act for the additional devices).(3) The Licensing Court or the Board may take into account any submission by the applicant for the purposes of this section, including with respect to building works:(a) that were commenced or recently completed, or for which contractual arrangements had been made, at the beginning of the period of the freeze, and(b) that were only undertaken because of the expectation of funding to be provided by the keeping of additional approved gaming devices.(4) The Licensing Court or the Board may decline to deal with any such application until:(a) a qualified auditor or person appointed by the Court or Board has provided it with a report on the financial viability of the club, and(b) the club has made the arrangements required by the Court or the Board to facilitate the provision of the report (including arrangements for the club to meet the costs of the report and to enable the person providing the report to be given access to records and releases from any obligation of confidentiality with respect to information provided to the Court or the Board).(5) An authority that is given under this Act for additional devices is to be limited to the extent necessary to prevent the serious threat to the club’s financial viability. Accordingly, the authority:(a) may be given for a lesser number of devices than that applied for, or(b) may be limited in its duration so that all or any of the additional devices concerned are required to be disposed of at a specified time during the period of the freeze, or(c) may be subject to any other condition that the Licensing Court or the Board considers appropriate.(6) Part 10C (Social impact assessment of gaming devices) does not apply to an application to which this section applies.pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1].
88AG Freeze does not apply to authority for replacement gaming devices
(1) This Part does not affect an application for an authority to acquire and keep approved gaming devices if the approval of any such application does not result in any increase in the total number of approved gaming devices authorised to be kept by the registered club as provided by sections 88AE and 88AF.(2) Examples of applications that may be approved include the following:(a) an application for the disposal of one device and for the immediate or later acquisition of a replacement device,(b) an application for the disposal of a number of devices and for the acquisition of a multi-terminal gaming machine with that number of player terminals.pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1].
88AH Miscellaneous provisions
(1) This Part extends to an authority to keep approved gaming devices provided by the conditions of the certificate of registration of a club or by any other means.(2) This Part does not apply to a device that is kept by a registered club on a trial basis as provided by section 79A or by section 167 of the Liquor Act 1982 (as applied by Part 10A).(3) This Part does not affect any authority under this Act relating to subsidiary equipment.(4) This Part applies to approved gaming devices even if they are part of an authorised linked gaming system under Part 12.(5) If the certificate of registration of a club relates to 2 or more separate and distinct premises, this Part applies separately to each of those premises. If the authority of a club to keep approved gaming devices does not distinguish between the different premises at which the devices are to be kept, the club is taken to be authorised to keep at each of those premises the same proportion of the total maximum number of devices it is authorised to keep as the proportion of devices actually kept at each of those premises at the beginning of the period of the freeze.(6) An authority to keep approved gaming devices that cannot be given because of this Part during the period of the freeze cannot be given during that period with effect from or after the end of that period.(7) An authority to keep approved gaming devices that was given after the beginning of the period of the freeze and before the commencement of this Part ceases to have effect to the extent that it contravenes this Part.(8) This Part has effect in respect of any pending application for authority to keep approved gaming devices even if the application was made before the commencement of the period of the freeze or before the commencement of this Part.(9) Damages or compensation are not payable by or on behalf of the Crown because of:(a) the enactment or operation of this Part, or for the consequences of that enactment or operation, or(b) a representation or conduct of any kind about any limitation on the keeping of approved gaming devices by clubs.In this subsection, the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes the Board or any officer, employee or agent of the Crown or the Board.pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1].
Part 10C Social impact assessment of gaming devices
pt 10C: Ins 2000 No 13, Sch 1 [1].
88AI Object of Part
(1) The provisions of this Part are a means (but not the only means) of giving effect to the primary objects of this Act referred to in section 3A (Gambling harm minimisation and responsible conduct of gambling activities are primary objects of the Act).(2) The provisions of this Part are in addition to the other provisions of this Act with respect to the making of applications to which this Part applies and the determination of those applications.s 88AI: Ins 2000 No 13, Sch 1 [1].
88AJ Application of Part
(1) This Part applies to the following applications under this Act:(a) an application under section 7, 17A, 18, 19, 19A, 20 or 21, or an application under section 22 that involves increasing the area of the premises of a registered club that is used for gaming operations (a premises-related application),(b) an application under Part 10 or 10A for authority to acquire and keep approved gaming devices (a device-related application).(2) This Part does not apply to any such application made to the Licensing Court or the Board if:(a) in the case of a premises-related application—the Court or Board is satisfied that the application is not concerned with the keeping of approved gaming devices by the club or with an increase in the number of devices to be kept by the club, or(b) in the case of a device-related application—the application does not seek an increase in the maximum number of approved gaming devices that the club is authorised to keep at any of its premises.(3) This Part extends to an application made before the commencement of this Part that has not been finally determined on that commencement.s 88AJ: Ins 2000 No 13, Sch 1 [1]. Am 2000 No 93, Sch 1.19 [10].
88AK Social impact assessment of applications
(1) A social impact assessment is required to be furnished by the applicant in connection with an application to which this Part applies.(2) The Licensing Court or Board, whichever is dealing with the application, may dispense with the need for a social impact assessment if satisfied that an assessment is not necessary in the particular circumstances of the case having regard to the likely minimal social impact of the additional approved gaming devices concerned.(3) The Licensing Court or Board is required to give its reasons for any decision to dispense with the need for a social impact assessment.s 88AK: Ins 2000 No 13, Sch 1 [1].
88AL Content of social impact assessment
(1) A social impact assessment of an application to which this Part applies is required to assess the likely impact on the local community of the granting of the application.(2) For the purpose of any social impact assessment, the local community comprises the people in the area or group from which the persons utilising the services and facilities of the club are likely to be drawn.(3) The social impact assessment is to address social and economic impacts and set out any net social and economic benefits to the local community.(4) The social impact assessment is to contain details of the following:(a) the number of approved gaming devices already kept by the club and the number kept by other registered clubs having the same or a similar local community (and by any hotels in the neighbourhood),(b) past increases in the number of approved gaming devices so kept,(c) the public demand for gambling within the local community,(d) the incidence of problem gambling within the local community,(e) the availability of problem gambling services in the local community,(f) the action proposed to be taken by the club to minimise any harm associated with an increase in the number of approved gaming devices available within the local community (including the action proposed to be taken to protect children),(g) any likely change in the demands on public transport, any likely employment consequences for other businesses in the local community and any likely change in the demands on welfare, health and housing services in the local community,(h) the result of consultation about the application with the local community, the local council in whose area the club premises are or are to be situated, the Department of Community Services, the Department of Health, organisations concerned with the social consequences of gambling and other appropriate bodies,(i) any other relevant matter.The assessment may also address any benefits or support provided by the club to persons who are not members of the club.(5) The regulations may make further provision for or with respect to the furnishing or content of social impact assessments under this Part.s 88AL: Ins 2000 No 13, Sch 1 [1].
88AM Consultation on application and social impact assessment
(1) After the applicant has furnished the Licensing Court or the Board with a social impact assessment in connection with an application to which this Part applies, the applicant must:(a) place a copy of the application and the social impact assessment on public exhibition at the premises to which the application relates, and(b) publish an advertisement about the application in a local newspaper circulating in the area in which those premises are situated, and(c) provide a copy of the application and social impact assessment to the Director of Liquor and Gaming and the local council at or before the time the advertisement is published.(2) The advertisement must:(a) be in the form approved by the Board, and(b) state that a copy of the application and social impact assessment will be available for public inspection at the premises specified in the advertisement, and(c) invite any written submissions on the matter to be made to the Board within 30 days after the publication of the advertisement.(3) The application cannot be determined by the Licensing Court or Board until after the expiration of that 30-day period.(4) If the premises to which the application relates are not yet erected or are not occupied by the applicant, subsection (1) (a) is complied with if the application is dealt with in accordance with the regulations.s 88AM: Ins 2000 No 13, Sch 1 [1]. Am 2000 No 93, Sch 1.19 [11].
88AN Consideration of social impact assessment and submissions
(1) The Licensing Court or Board is required to take into account any social impact assessment furnished by the applicant in connection with an application to which this Part applies and any written submissions made on the matter within the 30-day period referred to in section 88AM.(2) Accordingly, the Licensing Court or Board may grant or reject the application (in whole or in part), grant the application for a temporary period or impose conditions on the grant of the application.(3) The power conferred by subsection (2) applies whether or not the provisions of this Act dealing with the determination of those applications confer that power.s 88AN: Ins 2000 No 13, Sch 1 [1].
Part 11 Manufacture, sale etc of poker machines
Division 1 Preliminary
pt 11, div 1: Ins 1986 No 78, Sch 1 (4).
88 Definitions
In this Part:manufacture, in relation to an approved poker machine, includes manufacture:(a) by assembling an approved poker machine, and(b) by rebuilding or modifying a poker machine so that it is an approved poker machine.poker machine adviser means a person who, under a contract of service or a contract for services, advises other persons, or issues analyses or reports, concerning poker machines but who is not a solicitor or accountant in public practice as such whose giving of the advice, or issuing or publishing of the analyses or reports, is solely incidental to the practice of his or her profession or, in the case of the secretary of a registered club, is solely incidental to his or her duties as secretary of the club.record includes a book, account, document, paper or other source of information compiled, recorded or stored in written or illustrated form, or on microfilm, or by electronic process, or in any other manner or by any other means.sell includes:(a) barter or exchange,(b) offer, agree or attempt to sell,(c) expose, send, forward or deliver for sale,(d) cause or permit to be sold or offered for sale, and(e) in relation to an approved poker machine or an established poker machine—supply under financial and other arrangements approved by the Board under section 79 (5).s 88: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (2); 1990 No 115, Sch 1 (6); 1993 No 29, Sch 3 (2).
89 Production of records
A requirement under this Part to produce a record is, where the record is not written, or is not written in the English language, a requirement to produce a statement, written in the English language, setting forth such of the information in the record as is not written or is not written in the English language.s 89: Ins 1986 No 78, Sch 1 (4).
Division 2 Licensing of dealers, sellers, technicians and advisers
pt 11, div 2: Ins 1986 No 78, Sch 1 (4).
90 Granting of gaming-related licences
(1) The Licensing Court may, upon application made in a form approved by the Board, grant:(a) a poker machine dealer’s licence,(b) a poker machine seller’s licence,(c) a poker machine technician’s licence,(d) a poker machine adviser’s licence, or(e) a poker machine testing facility licence.(2) For the purposes of this section, the Board may:(a) approve a form of licence for each class or description of gaming-related licence, and(b) in a case where more than one gaming-related licence may be held by the same person—approve a form in which the licences may be granted or held at the same time.(3) The Licensing Court is not bound to deal with applications for gaming-related licences, whether of the same kind or of different kinds, in the order in which they are lodged.(4) Except in so far as the Licensing Court otherwise directs either generally or in a particular case, the jurisdiction of the Licensing Court to grant an application under this Division may, in the case of an application to which, after investigation, there is no objection, be exercised by the Principal Registrar.(5) Section 96 (Expenses of investigation of application) and sections 97–99 (relating to objections) do not apply to an application for a gaming-related licence made by a person who holds another gaming-related licence under this Act or a gaming-related licence under the Liquor Act 1982.(6) A poker machine testing facility licence:(a) if granted, is to be granted in respect of premises specified in the licence, and(b) is not to be granted unless the application is supported by a certificate of the Board under subsection (7).(7) The Board may, if it thinks fit, certify that:(a) a person specified in the certificate is, in the opinion of the Board, suitably qualified and competent to undertake the testing of poker machines, and(b) premises specified in the certificate are, in the opinion of the Board, suitable for the testing of poker machines.s 90: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (3); 1993 No 29, Sch 1 (14); 2000 No 62, Sch 2 [11]–[13].
90A Work permits
(1) The Principal Registrar may, pending a decision on an application for a seller’s licence, technician’s licence, adviser’s licence or testing facility licence, issue a work permit in a form approved by the Board.(2) A work permit is subject to any conditions or restrictions of which the holder of the permit is notified by the Principal Registrar when issuing the permit.(3) A work permit may be cancelled by the Principal Registrar at any time and, unless sooner surrendered or cancelled, ceases to have effect on approval or refusal of the application made by the holder of the permit for a gaming-related licence.(4) Subject to any condition or restriction imposed under subsection (2), this Act applies to the holder of a work permit in the same way as it applies to the holder of a gaming-related licence of the same kind as that applied for by the holder of the work permit.s 90A: Ins 1988 No 93, Sch 2 (4). Am 1993 No 29, Sch 6 (1); 2000 No 62, Sch 2 [14].
91 Authority conferred by gaming-related licence
(1) A poker machine dealer’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) to manufacture and assemble approved poker machines in the place or places specified in the licence,(b) to sell, or negotiate the sale of, approved poker machines and established poker machines, whether or not manufactured or assembled by the licensee,(c) to service, repair and maintain poker machines, and(d) to act as a poker machine adviser.(1A) The Board may impose a condition of a dealer’s licence prohibiting or regulating in a specified place an activity that is, or is proposed to be, carried on by the licensee in that place in addition to the activities already authorised by the licence.(1B) Before deciding whether or not to impose a condition of a dealer’s licence under this section, the Board is to give the licensee an opportunity to make submissions about the proposed condition.(2) A poker machine seller’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) as an employee of a holder of a dealer’s licence, seller’s licence or adviser’s licence—to negotiate on behalf of the employer the sale of approved poker machines and established poker machines, and(b) as principal or agent—to sell approved poker machines and established poker machines.(3) A poker machine technician’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) to service, repair and maintain poker machines, and(b) as an employee of a holder of a testing facility licence, to carry out, in the course of that employment, the authorised functions of that licence-holder.(4) A poker machine adviser’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) to act as a poker machine adviser, and(b) to exercise the authority conferred by a seller’s licence.(4A) If a corporation is the holder of a poker machine dealer’s licence or seller’s licence or of a poker machine testing facility licence, the authority conferred by this section on the corporation extends to a director or secretary of the corporation.(5) The Licensing Court may, on the application of the licensee holding a poker machine dealer’s licence, vary by endorsement on the licence the place or places referred to in subsection (1) (a).(6) A poker machine testing facility licence authorises the licensee, subject to this Act and any condition to which the licence is subject, to test poker machines:(a) in connection with an application under section 77A, or(b) in connection with an application under section 157 of the Liquor Act 1982, orto ascertain whether the machines meet standards adopted by the Board.(c) in such other circumstances as the Board may determine,(7) The Board may impose one or more conditions on a poker machine testing facility licence.s 91: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (5); 1993 No 29, Sch 3 (3); 2000 No 62, Sch 2 [15]–[17].
91A Director’s report required before application may be granted
(1) An application for a gaming-related licence must not be granted by the Licensing Court unless the Licensing Court has received and considered a report by the Director as to any investigations and inquiries carried out, or reports received, under Division 2A.(2) However, the Licensing Court may hear and determine such an application if any investigation, inquiry or report under Division 2A has not been completed, or received by the court, within 3 months after the application was lodged.(3) The 3 month period may be extended by the Licensing Court on application being made by the Director before the end of the period.s 91A: Ins 1996 No 42, Sch 2 [37].
92 Application for gaming-related licence
(1) An application for a gaming-related licence shall be advertised as prescribed.(2) An application for a gaming-related licence may not be made by:(a) a person who is under the age of 18 years, or is within a class of persons prescribed as being ineligible to apply for a gaming-related licence, or(b) a person who is disqualified under section 109 from holding a gaming-related licence, or(c) a person who is the holder of a suspended gaming-related licence.(3) An application for a gaming-related licence of a particular kind:(a) may be made only by persons of a prescribed class, orif the regulations so provide in relation to that kind of gaming-related licence.(b) may not be made by persons of a prescribed class,s 92: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (4).
93 Disclosure of interested parties
(1) An application for a gaming-related licence (other than an application to be licensed as an employee), must be accompanied by an affidavit by a person having knowledge of the facts stating:(a) that the person has made all reasonable inquiries to ascertain the information required to complete the affidavit, and(b) whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and(c) if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.(2) For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.s 93: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1) (2). Subst 1996 No 42, Sch 2 [38].
94 Updating of application
Where, before an application for a gaming-related licence is granted or refused, a change occurs in the information provided in, or in connection with, the application (including information provided under this section) or in the documents lodged with the application, the applicant shall forthwith give the Principal Registrar a notice in writing specifying particulars of the change.Maximum penalty: 20 penalty units.s 94: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 6 (1), 7 (2).
Division 2A Investigation of applications
pt 11, div 2A: Ins 1993 No 29, Sch 3 (5).
95 Principal Registrar to refer certain applications to Director
(1) A registrar (other than the Principal Registrar) with whom an application to the Licensing Court for a gaming-related licence is lodged is to refer the application to the Principal Registrar.(2) The Principal Registrar is to refer to the Director for investigation:(a) each application to the Licensing Court for a gaming-related licence that is lodged with the Principal Registrar or referred to the Principal Registrar by another registrar, and(b) any changes of which the Principal Registrar is notified under section 94 in relation to such an application.s 95: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (5).
95A Investigations by Director
(1) On receiving for investigation an application for a gaming-related licence, the Director must carry out all such investigations and inquiries in relation to the applicant as are considered by the Director to be necessary for a proper consideration of the application and is to complete those investigations and inquiries within 6 months after the application was lodged.(2) In particular, the Director must refer to the Commissioner of Police details of the applicant together with any supporting information in relation to the applicant that the Director considers to be appropriate for referral to the Commissioner.(3) The Commissioner of Police is to inquire into, and report to the Director on, such matters concerning the applicant as the Director may request.(4) An application is to proceed to be dealt with even if any investigation, inquiry or report under this section in relation to the applicant has not been completed within 6 months after the application was lodged.s 95A: Ins 1993 No 29, Sch 3 (5). Am 1994 No 43, Sch 1 (19).
95B Director may require further information
(1) The Director may, by notice in writing, require a person whose application for a gaming-related licence has been referred to the Director, or may require a close associate of any such person, to do one or more of the following things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation of the application and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates.(2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.(3) The Licensing Court may refuse to grant an application if a requirement made under this section in relation to the application is not complied with.s 95B: Ins 1993 No 29, Sch 3 (5). Am 1996 No 42, Sch 2 [39]–[41].
96 Expenses of investigation of application
(1) The Licensing Court may, on the application of the Director or the Commissioner of Police, order an applicant for a gaming-related licence to pay to the Board within a stated time the amount required by this section and any amount involved in investigating whether or not to issue a certificate under section 90 (7).(2) The amount required is a specified amount towards defraying the cost of anticipated expenditure outside the State, and anticipated travelling expenses (whether within or outside the State), involved in investigating the application for the licence.(3) If an applicant for a gaming-related licence is required to make a payment under this section and fails to make the payment:(a) the Director may refuse to proceed with investigation of the application, and(b) the Licensing Court may refuse to hear the application and may dismiss it.s 96: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (22). Subst 1993 No 29, Sch 3 (6). Am 2000 No 93, Sch 1.19 [12].
Division 3 Objections to applications
pt 11, div 3: Ins 1986 No 78, Sch 1 (4).
97 Who may object
(1) An objection to the granting by the Licensing Court of an application for a gaming-related licence may, as prescribed, be taken:(a) by the Commissioner of Police, or(b) by the Director, or(c) except in the case of an application to be licensed as an employee—by the local consent authority in relation to the premises on or from which it is proposed to carry on the business to which the application relates, or(d) by any other person with the leave of the Court.(2) An objection may not be taken by a person referred to in subsection (1) (d) unless it is accompanied by an affidavit by the objector stating:(a) whether the objector has any direct or indirect pecuniary interest in the refusal of the application or any expectation of such an interest, and(b) whether any person other than the objector is interested in the lodging of the objection and, if so:(i) the name of each such person, and(ii) where such a person is a proprietary company—the names of the directors and shareholders.s 97: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (23); 1995 No 11, Sch 1.109 [7]; 1996 No 41, Sch 2 [34]; 1997 No 155, Sch 5 [29].
98 Grounds of objection
(1) Objection to the grant of an application for a gaming-related licence may be taken on one or more of the following grounds:(a) that the applicant is not a fit and proper person to be the holder of a gaming-related licence,(b) except in the case of an application to be licensed as an employee—that a person directly or indirectly interested in the application or in the business, or the profits of the business, to be carried on under the gaming-related licence if the application is granted is not a fit and proper person to be so interested,and, where any such objection is taken, the onus is on the applicant to rebut the objection.(c) that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a gaming-related licence,(2) In addition to, or instead of, a ground specified in subsection (1), objection to the grant of an application for a gaming-related licence may be taken on one or more of the following grounds:(a) that, during the period of 12 months that last preceded the making of the application, the applicant was convicted of carrying on an activity without being the holder of a gaming-related licence required for the lawful carrying on of that activity,(b) that a gaming-related licence held by the applicant was cancelled during that period of 12 months,(c) that section 94, a requirement of the Director under Division 2A, or an order under section 96, has not been complied with,(d) that, for other reasons specified in the objection (not being reasons based on the unsuitability of a person for any purpose) it would not be in the public interest to grant the application.(3) Objection to the grant of an application by the Licensing Court (other than an application for a gaming-related licence) may be taken on the ground that, for specified reasons, it would not be in the public interest to grant the application.s 98: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (7); 1996 No 42, Sch 2 [42].
99 Taking of objection
(1) An objection under section 98 may be taken only by a written notice of objection that:(a) is signed by each objector and specifies, in each case, the address of the objector, and(b) if the objection is on the basis that a person is not a fit and proper person for a particular purpose, specifies the reasons why the objector considers that the person is not a fit and proper person for that purpose.(2) Except as provided by subsection (3), an objection may not be heard and determined unless a copy of the notice of objection has been given to the applicant and the registrar at least 3 clear days before the hearing of the application.(3) The Licensing Court may, in a proper case and subject to compliance with any conditions imposed by the Court, hear and determine an objection to the grant of an application taken at the hearing of the application subject to the hearing, if the applicant so requests, being adjourned for such period of not less than 3 clear days as the Court thinks fit.(4) When hearing and determining an objection, the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.s 99: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (8); 1996 No 42, Sch 2 [43].
100 Discretionary powers of Licensing Court
(1) Notwithstanding that an objection to the grant of an application for a gaming-related licence has not been taken or, if taken, has not been made out, the Licensing Court may refuse the application if it finds, after subsection (2) has been complied with, that reasons exist upon which an objection could have been grounded and made out.(2) A finding under subsection (1) may be made only if:(a) the applicant has been made aware of the reasons for the possibility of such a finding,(b) the applicant has been given an opportunity to make submissions, and adduce evidence, related to those reasons, and(c) those reasons are, or include, the reasons for the finding.(3) Notwithstanding a finding by the Licensing Court that an objection to the grant of an application for a gaming-related licence on a ground other than a ground based on the unsuitability of the applicant, the public interest or a failure to comply with a requirement of the Director under Division 2A has been made out, the Court has a discretion to grant the application.(4) The Licensing Court may grant an application even though an objection to the grant of the application has been made out on the ground of a failure to comply with a requirement of the Director under Division 2A, but only if the Court is satisfied that reasonable cause has been shown for the failure to comply with the requirement.s 100: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1); 1996 No 42, Sch 2 [44] [45].
Division 4 Conditions, issue and duration of licences
pt 11, div 4: Ins 1986 No 78, Sch 1 (4).
101 Conditions of gaming-related licences
(1) The Licensing Court may:(a) on the hearing of an application for the grant of a gaming-related licence or of any matter relating to a gaming-related licence—of its own motion or on the application of a party to the hearing, the Director or the Commissioner of Police, orimpose a condition not inconsistent with this Act without prior compliance with which the grant does not take effect or to which the licence is to be subject.(b) at any other time—on the application of the Director or the Commissioner of Police,(2) A gaming-related licence is subject to:(a) a prescribed condition,(b) a condition imposed under subsection (1),(c) a condition imposed by the Licensing Court on the hearing of a complaint under section 108, andwhether or not the condition is endorsed on the licence.(d) any other condition the Court or the Board is authorised by this Act to impose,(3) Where a gaming-related licence is subject to a condition, the licensee shall comply with the condition.Maximum penalty: 100 penalty units.(4) The Licensing Court may vary or revoke a condition (other than a prescribed condition) of a gaming-related licence:(a) at any time on the application of the licensee, the Director or the Commissioner of Police, or(b) at any time of its own motion, whether or not on the hearing of any matter relating to the licence.s 101: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (10); 1993 No 29, Schs 4 (14), 6 (3); 2000 No 62, Sch 2 [18].
102 Condition of dealer’s licence from 1 January 1990
(1) The Licensing Court may, on application by the holder of a dealer’s licence, impose a condition of the licence prohibiting the licensee from using specified parts in the manufacture of an approved poker machine by the licensee after 31 December 1989 unless the parts are made in Australia.(2) A condition may specify such parts as the Licensing Court thinks fit, whether or not they are, or include, the parts to which the application relates.(3) A dealer’s licence that, immediately before 1 January 1990, is not subject to a condition referred to in subsection (1) is suspended on and from that date until it is subject to such a condition.s 102: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (4).
102A Board may require dealer to alter certain poker machines
(1) The Board may require the holder of a dealer’s licence to arrange, at the expense of the dealer and within a specified time (or within such further time as the Board may allow), for a specified alteration to be made to an approved poker machine that is to be, or has been, supplied by the licensee to a registered club after the commencement of this section.(2) It is a condition of a dealer’s licence that the licensee is to comply with any requirement made of the licensee under this section.(3) It is a condition of the certificate of registration of a club that the club is to allow the holder of a dealer’s licence or a technician’s licence such access to a poker machine in the club as may be required to enable the holder of the dealer’s licence to comply with a requirement of the Board under this section.s 102A: Ins 1993 No 29, Sch 1 (15).
103 Issue of gaming-related licence
(1) Where the Licensing Court or the Principal Registrar grants an application for a gaming-related licence, the licence shall not be issued unless the prescribed fee for the grant of the licence has been paid to the Principal Registrar and any condition without prior compliance with which the grant does not have effect has been complied with.(2) The Licensing Court may stay the issue of a gaming-related licence:(a) until the expiration of the period within which an appeal against the adjudication granting the licence may be made or the expiration of the period of 1 month that next succeeds the adjudication, whichever is the later, andand may at any time terminate such a stay.(b) where such an appeal is lodged—until the appeal is heard and determined or otherwise disposed of,(3) A grant of an application for a gaming-related licence does not have effect while the issue of the licence is prohibited by, or stayed under, this section.s 103: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (5).
104 Duration of gaming-related licence
Except during any period of suspension, a gaming-related licence remains in force until its surrender in writing is accepted by the Board or it is sooner cancelled.s 104: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1).
Division 5 Licence fees and periodic statements
pt 11, div 5: Ins 1986 No 78, Sch 1 (4).
104A Definitions
In this Division:licensing fee means the fee payable for a licence under this Division in respect of a licensing period.licensing period means a period prescribed for the purposes of section 105 (1).s 104A: Ins 1994 No 43, Sch 1 (29).
105 Periodic fee for gaming-related licence
(1) A fee is payable to the Board for a gaming-related licence, and for a work permit, while the licence or permit is in force or under suspension and is so payable in respect of each period prescribed for the purposes of this section.(2) Regulations may be made prescribing the fees payable under this section and for and with respect to:(a) times for payment of the fees, and(b) payment of the fees by instalments, and(c) penalties for late payment of the fees or instalments, and(d) suspension or cancellation of a gaming-related licence or work permit after a failure to pay such a fee, or an instalment of such a fee, relating to the licence or permit, and(e) the circumstances in which such a fee, or a proportion of such a fee, may be refunded.s 105: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (9).
105A Cancellation for late payment of licence fee
(1) If the fee payable for a licence under this Part has not been paid before the expiration of 2 months after the due date for payment, the licence is cancelled.(2) The former holder of a licence which has been cancelled by the operation of this section must forward the licence to the Principal Registrar without delay.Maximum penalty: 2 penalty units.ss 105A–105C: Ins 1993 No 56, Sch 1 (8).
105B Application for reinstatement of cancelled licence
(1) The former holder of a licence cancelled by the operation of section 105A may apply to the Licensing Court for the reinstatement of the licence.(2) Such an application must be made within 2 months after the cancellation of the licence. The application must be accompanied by payment of the unpaid licence fee concerned.(3) The regulations may make provision for or with respect to the manner in which such an application is to be made and lodged, the documents required to accompany the application and requiring payment of a fee in respect of the application.(4) The Licensing Court may order reinstatement of the licence but only if satisfied that there is a reasonable explanation for the failure to pay the licence fee that resulted in cancellation of the licence. The Licensing Court is not to order reinstatement if of the opinion that the licence should not be reinstated.(5) The licence is reinstated on and from the day ordered by the Licensing Court.(6) If the application for reinstatement is not successful, the Board is to refund the licence fee paid with the application after deducting the amount (if any) that is the used portion of the licence fee, calculated in accordance with the following formula:%20AND%20(No%3D031)%20AND%20(Year%3D1976)%20AND%20(%22Historical%20Document%22%3D%222001-10-25%22))/g1.gif)
where:full fee is the full amount of licence fee payable under section 105 in respect of the licensing period concerned.trading days is the number of days since the start of the licensing period current when the licence was cancelled up to and including the date of cancellation or up to and including such other day as the Board may determine under subsection (7).(7) If the Board is satisfied that trading in exercise (or purported exercise) of the licence ceased on a particular day, the Board may determine that the number of trading days is to be calculated up to and including that day rather than up to and including the date of cancellation. The day determined by the Board may be before or after the date of cancellation.ss 105A–105C: Ins 1993 No 56, Sch 1 (8).
105C Board may refund licence fees
On the suspension or cancellation of a licence, the Board may, if it thinks fit, authorise the refund of the whole or such part of any licence fee as the Board determines.ss 105A–105C: Ins 1993 No 56, Sch 1 (8).
105D Refund of licence fee on surrender of licence
(1) If the surrender in writing of a gaming-related licence is accepted by the Board, application may be made to the Board for a refund of part of any licence fee already paid for the licensing period during which the surrender was accepted.(2) The Board may, if the Board thinks fit, refund part of the licence fee.(3) The amount of any such refund is at the discretion of the Board but is not to exceed such amount as is proportionate to the unexpired portion of the licensing period in respect of which the licence fee was paid.(4) The Board is entitled to deduct from the refund a surrender fee fixed by the Board for the licence concerned.(5) Any refund payable under this section is to be paid to the person who, in the opinion of the Board, is entitled to the refund.s 105D: Ins 1994 No 43, Sch 1 (22).
106 Periodic returns by gaming-related licensees
(1) Within the period of 1 month after the expiration of each period prescribed for the purposes of section 105, the holder of a gaming-related licence is to lodge with the Director a return that:(a) is in a form approved by the Director, and(b) is accompanied by such documents as may be prescribed, and(c) is signed by the licensee or, if the licensee is a corporation, by at least 2 directors of the corporation.(2) The form of return approved by the Director may be in the form of a statutory declaration.(3) Compliance with this section is a condition of a gaming-related licence.s 106: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (10). Am 1994 No 50, Sch 1 (19).
Division 6 Disciplinary action
pt 11, div 6: Ins 1986 No 78, Sch 1 (4).
107 Application of Division to former holders of gaming-related licences
This Division applies to a former holder of a gaming-related licence in the same way as it applies to a holder for the time being of a gaming-related licence.s 107: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 6 (6).
107A Director may investigate holders of gaming-related licences and others
(1) The Director may at any time carry out all such investigations and inquiries as are considered by the Director to be necessary in order to ascertain whether a complaint should be made under section 108 against the holder of a gaming-related licence or a close associate of the holder of a gaming-related licence.(2) The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning the licensee to whom the complaint, if made, would relate.(3) The Director may, by notice in writing, require a licensee or a close associate who is the subject of an investigation under this section, or may require a close associate of any such licensee, to do one or more of the following things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and his or her associates.(4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.s 107A: Ins 1993 No 29, Sch 3 (11) (am 1993 No 108, Sch 1). Am 1996 No 42, Sch 2 [46]–[48].
108 Summons to show cause against taking of disciplinary action
(1) A complaint in relation to a holder of a gaming-related licence is an authorised complaint if it is made in writing by:(a) the Commissioner of Police, or(b) the Director, or(c) a registered club, orand specifies as its grounds one or more of the grounds referred to in subsection (2).(d) a person authorised by the regulations to make the complaint,(1A) A complaint in relation to a person who is a close associate of a licensee is an authorised complaint for the purposes of this section if it is made in writing by the Commissioner of Police or the Director and specifies as its grounds one or more of the grounds specified in subsection (2A). A complaint under this subsection can be made in conjunction with a complaint in relation to the licensee on the ground specified in subsection (2) (f) or any other ground and those complaints can be heard and determined together.(2) The grounds upon which an authorised complaint under subsection (1) may be made are:(a) that the licensee has, while holding the licence, been convicted:(i) of an offence against this Act specified in the complaint, or(ii) of an offence prescribed for the purposes of this subsection,(b) that the licensee has, while holding the licence, failed to comply with a specified condition of the licence,(c) that the licensee has, while holding the licence, failed to comply with a specified order or direction of the Licensing Court or the Board,(d) that the licensee has failed to make due payment of a penalty for late payment of a fee in accordance with this Act,(e) that the licensee is not a fit and proper person to be the holder of the licence,(e1) that a requirement of the Director made under this Act in relation to the investigation of a licensee and specified in the complaint has not been complied with,(f) that a person named in the complaint is, was or will be a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee,(g) that a specified person named in an affidavit under section 93 or 112 is not a fit and proper person to be interested in the licence, or in the business or the profits of the business, carried on pursuant to the licence,(h) that the licence has not been exercised in the public interest,(i) that the continuation of the licence is not in the public interest.(2A) The grounds on which an authorised complaint under subsection (1A) may be made in relation to a person who is a close associate of a licensee are as follows:(a) that the close associate is not a fit and proper person to be a close associate of a licensee,(b) that a complaint against the licensee under this section has been established and that:(i) the close associate knew or ought reasonably to have known that the licensee was engaging or was likely to engage in conduct of the kind to which the complaint relates, and(ii) the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind,(c) that a requirement of the Director made under this Act in relation to the investigation of the close associate and specified in the complaint has not been complied with.(3) Upon the making of an authorised complaint, a licensing or other Magistrate, or the Principal Registrar, may summon the licensee or other person to whom the complaint relates to appear before the Licensing Court to answer the complaint and show cause why disciplinary action should not be taken under section 109.(4) A summons under subsection (3):(a) shall specify the grounds of the complaint upon which the summons was issued,(b) where a ground of complaint is based on a person not being a fit and proper person for any purpose or based on the public interest—shall specify the reasons given by the complainant for making the complaint on that ground, and(c) shall be served on the person the subject of the complaint and, if that person is not the licensee, on the licensee personally or by post or in any other prescribed manner.(5) Where an authorised complaint has been made in relation to a holder of a gaming-related licence, the complainant shall cause a copy of the complaint to be served by post on each person named:(a) in the affidavit referred to in section 93 that accompanied the application for the licence, andand each person so named may, at the hearing of the complaint, be represented and be heard.(b) in any affidavit produced to the Principal Registrar by the licensee in accordance with section 112,(6) A particular failure to comply with a condition of a gaming-related licence may not be the subject both of an authorised complaint and proceedings for an offence.s 108: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (24); 1993 No 29, Sch 3 (12) (am 1993 No 108, Sch 1); 1993 No 56, Sch 1 (9); 1993 No 108, Sch 2; 1994 No 50, Sch 1 (20); 1996 No 42, Sch 2 [49]–[54].
108A Complaints against close associates
(1) For the purposes of section 108 (2A) (b), a complaint against a licensee under that section is taken to have been established if the Licensing Court, on the hearing and determination of a complaint in relation to the licensee under that section, found that the matter of the complaint had been made out.(2) On the hearing and determination of a complaint under section 108 (1A) on the ground referred to in section 108 (2A) (b), the onus is on the close associate to satisfy the Licensing Court that the close associate took all reasonable steps to prevent the licensee from engaging in conduct of the kind concerned.s 108A: Ins 1996 No 42, Sch 2 [55].
109 Disciplinary powers of Court
(1) Upon the appearance of a holder of a gaming-related licence in response to a summons under section 108 or in the absence of the licensee after being duly summoned, the Licensing Court shall proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground upon which the complaint was made has been made out, may do any one or more of the following:(a) reprimand the licensee,(b) order the licensee to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation and 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case,(c) impose a condition to which the licence is to be subject, or revoke or vary a condition to which the licence is subject,(d) suspend the licence for such period, not exceeding 12 months or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months, as the Licensing Court thinks fit,(e) cancel the licence,or may take no action.(f) disqualify the licensee from holding a gaming-related licence for such period as the Licensing Court thinks fit,(1A) For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:(a) the complaint concerns a contravention or alleged contravention of section 44A (Conduct on club premises) or 54A (Sale of stolen goods and possession, use or sale of drugs not to be permitted on premises of registered clubs),(b) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Licensing Court when circumstances of aggravation exist,(c) the Licensing Court, in finding that the matter of the complaint has been made out, is of the opinion (having regard to such matters as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention, the seriousness of the outcome of the contravention, or other relevant considerations) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Licensing Court when circumstances of aggravation exist.(1B) On the appearance of a person in response to a summons under section 108 in respect of a complaint under section 108 (1A), or in the person’s absence after being duly summoned, the Licensing Court is to proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground on which the complaint was made has been made out, may do any one or more of the following:(a) reprimand the person,(b) disqualify the person from being a close associate of a licensee for such period as the Licensing Court thinks fit,(c) disqualify the person from holding a licence for such period as the Licensing Court thinks fit,or may take no action.(d) order the person to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case,(1C) While a person is disqualified by the Licensing Court from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act and the Liquor Act 1982 to be a person who is not a fit and proper person to be a close associate of a licensee under either Act or of a registered club.(1D) The taking of action under subsection (1B) in respect of a complaint does not prevent or limit the taking of any other action under this section in respect of any other complaint in relation to a licensee (whether or not that other complaint is heard together with the complaint).(2) Where, under subsection (1), the Licensing Court hears and determines the matter of a complaint made by the Commissioner of Police or the Director, the Court may, in its discretion, order:(a) that the licensee against whom the complaint was made pay the complainant’s reasonable costs and expenses incurred in making the complaint, or a specified part of those costs and expenses, or(b) that the complainant pay to the licensee the licensee’s reasonable costs and expenses incurred in answering the complaint, or a specified part of those costs and expenses.(2A) When hearing and determining the matter of a complaint under subsection (1), the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.(3) Where an order for the payment of money is made under this section and the prescribed documents are filed in the office of a Local Court having jurisdiction under the Local Courts (Civil Claims) Act 1970, the order may be enforced as if it were a judgment of that Local Court for the payment of the money in accordance with the order.s 109: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (25); 1993 No 29, Schs 4 (15), 6 (7); 1994 No 50, Sch 1 (21); 1996 No 42, Sch 2 [56]–[60].
Division 7 General
pt 11, div 7: Ins 1986 No 78, Sch 1 (4).
110 (Repealed)
s 110: Ins 1986 No 78, Sch 1 (4). Rep 1994 No 43, Sch 1 (30).
111 Keeping of records
(1) Where the holder of a gaming-related licence is a corporation, it is a condition of the licence that the licensee keep the prescribed records relating to the business carried on under the licence at the registered or principal office of the corporation under section 142 or 601CT of the Corporations Act 2001 of the Commonwealth.(2) Where the holder of a gaming-related licence is not a corporation or an employee, it is a condition of the licence that the licensee maintain at least one place of business in the State and keep the prescribed records relating to the business carried on under the licence:(a) if only one place of business is maintained in the State—at that place, or(b) if more than one place of business is maintained in that State—at the principal such place.s 111: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (8); 1994 No 50, Sch 1 (22); 2001 No 34, Sch 4.51 [10].
111A Retention of certain registers
(1) A register referred to in section 31 must be retained by a registered club for a period of at least 3 years after the date of the last entry in the register.Maximum penalty: 20 penalty units.(2) This section has effect instead of section 27A (2) in relation to a register referred to in section 31.s 111A: Ins 1989 No 132, Sch 1. Subst 1993 No 29, Sch 5 (31).
112 Control of business carried on under gaming-related licence
(1) If a person (other than a licensee or a financial institution) becomes interested in the business, or the profits of the business, carried on under a gaming-related licence, it is a condition of the licence that the licensee must, within 28 days after the other person’s becoming so interested, produce to the Principal Registrar an affidavit stating:(a) that the licensee has made all reasonable inquiries to ascertain the information required to complete the affidavit, and(b) the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders.(2) For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.(3) This section does not apply to a licence held as an employee.s 112: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (9). Subst 1996 No 42, Sch 2 [61].
113 Competence
Regulations may be made for and with respect to standards of competence to be established or attained by an applicant for, or holder of, a licence of a specified class.s 113: Ins 1986 No 78, Sch 1 (4).
114 Lost or destroyed gaming-related licence
The Principal Registrar may, upon being satisfied that a gaming-related licence has been lost or destroyed and upon payment of the prescribed fee, issue a duplicate of the licence.s 114: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (10).
115 (Repealed)
s 115: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (26). Rep 1993 No 29, Sch 1 (16).
116 Manufacture etc of poker machines
(1) A person who manufactures or assembles a poker machine is guilty of an offence unless the person:(a) holds a dealer’s licence, or(b) is a director or secretary of a corporation that holds a dealer’s licence, or(c) is an employee of the holder of a dealer’s licence and is doing work as such an employee.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a dealer’s licence who manufactures or assembles a poker machine otherwise than in accordance with the authority conferred on the holder by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3) Subsection (2) does not apply to the manufacture or assembly of a poker machine by the holder of a dealer’s licence if:(a) the Board has agreed to the making of an application by the licensee to have the poker machine declared as an approved poker machine, and(b) the manufacture or assembly of the poker machine is for the purposes of the application and its investigation.s 116: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (6). Subst 1993 No 29, Sch 3 (14).
116A Supply, sale and purchase of poker machines
(1) A person who offers to supply, or supplies, a poker machine otherwise than by way of sale is guilty of an offence unless the offer or supply has the approval of the Board and any conditions imposed by the Board when giving the approval are complied with.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A person who offers to purchase, or purchases, a poker machine is guilty of an offence unless the offer is made to, or the poker machine is purchased from, a person who is authorised by a licence, or by or under this Act, to sell the poker machine.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3) A person who supplies a poker machine to a registered club is guilty of an offence unless the keeping of the machine by the club would be lawful.Maximum penalty: 50 penalty units.(4) A person who sells a poker machine is guilty of an offence unless:(a) the person is the holder of a current dealer’s licence, a current seller’s licence or a current adviser’s licence, or(b) the person is a director or secretary of a corporation that is the holder of such a licence, or(c) subsection (5) or (6) applies.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(5) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant, without being the holder of a seller’s licence or an adviser’s licence, exercised a function of a holder of such a licence but did so only:(a) for the purpose of receiving training or instruction in the exercise of the function, and(b) under the supervision of the holder of such a licence.(6) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the sale is to a purchaser at a price, and on terms and conditions, approved by the Board and is:(a) a sale by a club (whether or not a registered club) of a poker machine that is, or was, a poker machine kept by the club, or(b) a sale by a mortgagee of the poker machine in the exercise of a power conferred by the mortgage, or(c) a sale by a person (other than a mortgagee) who obtained possession of the poker machine by exercising a power or proprietary right under financial and other arrangements approved by the Board under section 79.(7) A holder of a dealer’s licence, seller’s licence or adviser’s licence who sells a poker machine otherwise than as authorised by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(8) A person who supplies, or offers to supply, a poker machine is guilty of an offence if possession of the machine by the person to whom the machine is supplied or offered is or would be unlawful.Maximum penalty: 100 penalty units.(9) This section does not apply to prohibit the sale or supply of a poker machine by:(a) a registered club with the authority of the Board, if any conditions imposed by the Board when authorising disposal of the machine are complied with, or(b) a club of which the certificate of registration has been cancelled or which has been disqualified for a period from holding a certificate of registration, if the sale or supply is effected in accordance with arrangements approved by the Board.ss 116A–116D: Ins 1993 No 29, Sch 3 (15).
116B Servicing and repair of poker machines
(1) A person who services or repairs a poker machine is guilty of an offence unless the person:(a) holds a dealer’s licence or a technician’s licence, or(b) services or repairs the poker machine under the supervision of the holder of such a licence for the purpose of receiving training and instruction in respect of the servicing and repair of poker machines.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a dealer’s licence or technician’s licence who services or repairs a poker machine otherwise than in accordance with the authority conferred by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.ss 116A–116D: Ins 1993 No 29, Sch 3 (15).
116C Advice relating to poker machines
(1) A person who acts as a poker machine adviser without being the holder of a dealer’s licence or an adviser’s licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a dealer’s licence or an adviser’s licence who acts as a poker machine adviser otherwise than in accordance with the authority conferred by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.ss 116A–116D: Ins 1993 No 29, Sch 3 (15).
116D Compliance plate for poker machine
(1) A holder of a dealer’s licence is guilty of an offence if a poker machine leaves the licensee’s premises without a compliance plate that complies with this section and is securely attached to the machine in a manner approved by the Board.Maximum penalty: 100 penalty units.(2) It is a defence to a prosecution for an offence under this section if it is proved that the defendant had taken all reasonable precautions aimed at ensuring attachment of a compliance plate and, at the time of the offence, did not know, and had no reason to suspect, that a compliance plate was not securely attached to the poker machine in the manner approved by the Board.(3) Exemption from the operation of this section may be granted by the Board in a particular case or a particular class of cases.(4) In this section:compliance plate, in relation to a poker machine, means a plate that:(a) is made of a substance approved by the Board, and(b) is of dimensions not less than dimensions approved by the Board, and(c) may readily be seen and inspected, and(d) shows the name of the dealer, the dealer’s licence number, the serial number of the poker machine and the month and year of the manufacture and assembly of the poker machine, and(e) has those particulars incorporated in a manner approved by the Board and in symbols that are at least of a minimum size approved by the Board.ss 116A–116D: Ins 1993 No 29, Sch 3 (15).
117 Provision of financial assistance by gaming-related licensee
(1) A holder of a gaming-related licence shall not enter into a transaction whereby the licensee:(a) provides financial assistance to a registered club,(b) guarantees the observance by a registered club of a term or condition on which financial assistance is provided to the club by a person other than the licensee, orunless the transaction has received the prior written approval of the Board.(c) indemnifies any person against any loss suffered in relation to financial assistance provided to a registered club,Maximum penalty: 20 penalty units.(2) A holder of a gaming-related licence shall not, without the prior written approval of the Board, agree to a variation of a term or condition of a transaction under this section approved by the Board.Maximum penalty: 20 penalty units.(3) The holder of a gaming-related licence is guilty of an offence if:(a) financial arrangements made by the licensee have been approved by the Board, and(b) there is a change in those arrangements that has not been approved by the Board, and(c) the Board is not notified of the change immediately after it comes to the notice of the licensee.Maximum penalty: 20 penalty units.s 117: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 3 (16), 6 (11), 7 (2); 1993 No 47, Sch 1.
118 Cessation of employment of seller, technician or adviser
Not later than 7 days after the termination of a contract of service, or a contract for services, to which the parties are:(a) the holder of a seller’s licence, a technician’s licence or an adviser’s licence, andthe party referred to in paragraph (b) shall give the prescribed notification to the Board.(b) the holder of another gaming-related licence or a registered club,Maximum penalty: 20 penalty units.s 118: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 6 (12), 7 (2).
119, 120 (Repealed)
s 119: Ins 1986 No 78, Sch 1 (4). Rep 1993 No 29, Sch 3 (17).
s 120: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 7 (2). Rep 1993 No 29, Sch 1 (17).
121 Possession of approved or established poker machines
(1) A person knowingly in possession of an approved poker machine or an established poker machine is guilty of an offence unless the person:(a) is the holder of a gaming-related licence, or(b) is a registered club lawfully in possession of the poker machine, or(c) has possession of the poker machine in the ordinary course of a business involving the transportation or storage of goods, or(d) is an authorised person exercising functions under section 127 (which confers certain powers of entry and inspection and related functions), or(e) is in lawful possession of the poker machine as a consequence of its seizure under the authority of a search warrant.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) This section does not apply to the possession of an approved poker machine or an established poker machine by a club if:(a) the club has been disqualified from holding a certificate of registration and the period of disqualification has not expired, orand the possession has not extended beyond a reasonable time after the disqualification or cancellation.(b) the certificate of registration of the club has been cancelled,(3) This section does not apply to a person in possession of an approved poker machine, or in possession of an established poker machine, if the possession resulted from the exercise of a power conferred on the person by a mortgage and has not extended beyond a reasonable time after the exercise of the power.(4) This section does not apply to a person in possession of an approved poker machine or an established poker machine if the person:(a) obtained possession of the poker machine by exercising a power or proprietary right under financial or other arrangements approved by the Board before or after the commencement of this section, and(b) has not retained possession beyond a reasonable time after the exercise of the power.s 121: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (7). Subst 1993 No 29, Sch 1 (18).
122 Illegal possession of other poker machines
(1) Except in the case of a holder of a gaming-related licence or as may be prescribed, a person shall not be in possession of a poker machine that is not an approved poker machine or an established poker machine.Penalty: 100 penalty units or imprisonment for 1 year, or both.(2) Subsection (1) does not apply to possession of a poker machine:(a) if the Board has agreed to the making of an application by the holder of a dealer’s licence to have the poker machine declared by the Board to be an approved poker machine and the possession is for the purposes of the application, or(b) where the Board terminates an investigation of, or refuses to approve, such an application—if the possession is for the purpose of disposing of the device in a manner directed by the Board when notifying the applicant of the termination or refusal and does not extend beyond a reasonable time.s 122: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 4 (16), 6 (13).
122A Change in state of affairs of gaming-related licensee
If a prescribed change takes place in the state of affairs of the holder of a gaming-related licence, the licensee is guilty of an offence if the Director is not notified in writing of the prescribed particulars of the change within the period of 14 days that next succeeds the change.Maximum penalty: 20 penalty units.s 122A: Ins 1993 No 29, Sch 3 (18).
122B Gaming-related licensee to display identification
(1) A holder of a dealer’s licence or a technician’s licence is guilty of an offence if, at any time while servicing, repairing or maintaining a poker machine in a registered club, he or she is not wearing on his or her person a clearly visible form of identification approved by the Board.Maximum penalty: 20 penalty units.(1A) If the holder of a dealer’s licence is a corporation, a reference in this section to the holder of the licence includes a reference to a person acting under the authority of the licence.(2) The Board may exempt a person or the members of a class of persons from the operation of this section.s 122B: Ins 1993 No 29, Sch 3 (18). Am 1996 No 41, Sch 2 [35].
123 Poker machines not used for gaming
(1) This Part does not operate to prohibit the possession, keeping, use or operation of a poker machine if:(a) it is not operated for gaming, and(b) it is used only for therapeutic purposes with the prior written approval of the Board, and(c) any conditions imposed by the Board when giving the approval are complied with.(2) This Part does not operate to prohibit the possession, keeping, use or operation of a poker machine if:(a) it is not operated for gaming, and(b) it is used only for educational or cultural purposes or for the purpose of promoting the poker machine (but not for the purpose of promoting other goods or services), and(c) the Board has been given at least 3 days’ written notice of the kind of use intended and the Board has not, before the period of notice expires, refused to allow the use, and(d) any conditions imposed by the Board within that period of notice are complied with.(3) In a particular case or a particular class of cases, the Board may waive compliance with the requirement for giving notice under subsection (2) and may impose conditions for operation of the waiver.s 123: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (8). Subst 1993 No 29, Sch 1 (19). Am 1996 No 41, Sch 2 [36].
124 Liability of management and directors of corporate holder of a gaming-related licence
(1) Where a holder of a gaming-related licence that is a corporation contravenes a provision of this Part, each person who is a director of the corporation or who is concerned in the management of the corporation shall, whether or not the corporation has been convicted for the contravention, be deemed to have contravened the provision unless the person satisfies the court that:(a) the corporation contravened the provision without the knowledge of the person,(b) the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or(c) the person, being in such a position, used all due diligence to prevent the contravention by the corporation.(2) This section does not affect any liability imposed on a corporation for a contravention of this Part.s 124: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (13).
125 Liability of secretary and members of governing body
(1) Where a club contravenes a provision of Part 10 or this Part, the secretary and members of the governing body of the club shall, whether or not the club is convicted for the contravention, each be deemed to have contravened the provision unless it is proved that:(a) the contravention occurred without the knowledge of the person charged,(b) the person charged was not in a position to influence the affairs of the club in relation to the contravention, or(c) the person charged, being in such position, used all due diligence to prevent the contravention.(2) Nothing in this section affects any liability imposed on a club for a contravention of a provision of this Part.s 125: Ins 1986 No 78, Sch 1 (4).
126 Identification of special inspectors
(1) The Minister administering section 109 of the Liquor Act 1982 is to cause each special inspector to be issued with a means of identification that is approved by the Minister and includes the following information:(a) that it is issued under this Act by the Minister administering the Liquor Act 1982,(b) the name of the special inspector,(c) that the special inspector is authorised to exercise the powers conferred on a special inspector by the Registered Clubs Act 1976.(2) A special inspector is not authorised to exercise the functions of a special inspector in a registered club without production of his or her means of identification for inspection:(a) by the secretary of the club, orunless to do so would defeat the purpose for which the functions are to be exercised.(b) in the absence of the secretary, by the person believed by the inspector to be the most senior person on duty in the club,s 126: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (20). Am 1994 No 50, Sch 1 (23).
127 Powers of entry, inspection etc—poker machines
(1) This section applies to:(a) the premises of a registered club, or(b) premises on which the holder of a gaming-related licence or a work permit carries on business, or on which the holder of such a licence or a work permit is employed.(2) An authorised person may enter any part of premises to which this section applies and exercise the powers conferred by this section, but may do so only:(a) at a reasonable hour of the day or night, unless it is being exercised in an emergency, and(b) after giving reasonable notice, unless the giving of notice would defeat the purpose for which the powers are to be exercised, and(c) by using no more force than is reasonably necessary.(3) The authorised person may do any of the following:(a) inspect, count, check and test, and make notes relating to, poker machines,(b) require a person having access to records relating to relevant matters to produce the records for examination,(c) make copies of, and take extracts from, records relating to relevant matters,(d) affix a temporary seal to any part of a poker machine,(e) for the purpose of further examination, take possession of, and remove, a record relating to relevant matters.(4) The authorised person may ask any of the following persons to answer questions relating to relevant matters:(a) a member of the governing body of a registered club,(b) a holder of a gaming-related licence or, if a holder of a gaming-related licence is a corporation, a director of the corporation,(c) an employee of a registered club or of a holder of a gaming-related licence,(d) the person who appears to be in charge of the premises entered.(5) The authorised person may take possession of, and remove, a poker machine or a part of a poker machine that is on the premises entered (including any money in the machine or part):(a) for the purposes of further examination, orbut may do so only if the authorised person issues the person apparently in charge of the premises with a written receipt for the machine or part and for any money in the machine or part.(b) if the authorised person believes on reasonable grounds that the poker machine or part is in the possession of a person who, by being in possession of the machine or part, is guilty of an offence,(6) If damage is caused by the exercise of the powers conferred by this section, the Minister is to pay reasonable compensation for the damage unless the exercise of the powers was obstructed by the occupier of the premises.(7) A poker machine or part removed under this section, and any money in the poker machine or part, are to be returned if the Board so directs on the application of the owner made not earlier than 14 days after its removal, unless a summons has been issued under section 130.(8) If a person claims on reasonable grounds that a record removed under this section is necessary for the conduct of business on the premises from which the record was removed, the record is not to be retained beyond the end of the next succeeding day, unless the claimant is first provided with a copy of the record certified by an authorised person to be a true copy.(9) A certified copy of a record provided under this section is for all purposes of equal validity to the original.(10) A Licensing Magistrate or other Magistrate, or the Principal Registrar, may, on the application of an authorised person, issue a summons requiring a person:(a) to produce to the Licensing Court records that the person summoned has failed to produce in accordance with a requirement made under this section, orand, on the return of the summons, the person summoned may be represented and be heard.(b) to appear before the Licensing Court and give evidence in relation to a matter in respect of which the person summoned has failed to answer a question in accordance with such a requirement,(11) A person who, having been served with a summons under this section, fails to comply with the summons, is guilty of an offence.Maximum penalty: 50 penalty units.(12) A person who, not being an authorised person, breaks a temporary seal that has been affixed to a poker machine by an authorised person is guilty of an offence.Maximum penalty: 100 penalty units.(13) In this section:means a special inspector, the Commissioner of Police or a person prescribed as an authorised person for the purposes of this section.relevant matter means a matter relating to:(a) the manufacture, supply, sale, servicing, possession, keeping or operation of a poker machine, or(b) a transaction referred to in section 117 (which relates to the provision of financial assistance to a registered club by the holder of a gaming-related licence).s 127: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (27). Subst 1993 No 29, Sch 1 (20).
128 Club to comply with requirements of special inspector
(1) A special inspector may require a registered club to:(a) withdraw from operation a poker machine that, in the opinion of the inspector, is not operating properly, or(b) refrain from making available for operation a poker machine withdrawn from operation under paragraph (a) until, in the opinion of the inspector or another special inspector, it is operating properly, or(c) refrain from making a poker machine available for operation except in accordance with controls specified by the inspector in relation to the poker machine, or(d) deliver to the Board, in writing in the English language and within a time specified by the inspector, such particulars relating to a poker machine in the club as are so specified, or(e) refrain from making available for operation a poker machine indicated by the inspector until it has been fitted with a device approved by the Board for the purposes of the secure keeping and operation of the poker machine.(2) A registered club which is required by a special inspector to act under this section and fails to comply with the requirement is guilty of an offence.Maximum penalty: 50 penalty units.s 128: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (28). Subst 1993 No 29, Sch 1 (20).
129 Search warrants (poker machines)
(1) A police officer may apply to an authorised justice for a search warrant if the police officer has reasonable grounds for believing that, on specified premises, this Act or a condition of a gaming-related licence is being contravened in relation to a poker machine.(2) An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant to any police officer to enter and search the premises.(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.(4) A police officer who enters any premises on the authority of a search warrant issued under this section may search the premises and may:(a) seize and carry away:(i) any device in the nature of a poker machine, orand any money in the device or part, or(ii) any part of such a device,(b) seize and carry away any books of account and documents that may reasonably be suspected to relate to poker machines or devices in the nature of poker machines, or(c) require any person on the premises to state his or her name and address.(5) This section does not authorise a police officer to carry away anything for which the officer does not give a receipt.(6) In this section, has the same meaning as it has in the Search Warrants Act 1985.s 129: Ins 1986 No 78, Sch 1 (4). Am 1987 No 48, Sch 31; 1990 No 29, Sch 2 (29). Subst 1993 No 29, Sch 1 (20).
130 Forfeiture or return of removed or seized poker machine
(1) This section applies to a poker machine if it is removed under section 127 or is seized under section 129 in the execution of a search warrant.(2) A Licensing Magistrate or other Magistrate, the Principal Registrar, or an authorised justice under the Search Warrants Act 1985, may (whether or not on application by a police officer) issue a summons requiring:(a) the owner of a poker machine to which this section applies, orto appear before the Licensing Court and show where and for what purpose the person summoned came to be in possession of the poker machine.(b) the owner or occupier of the premises from which such a poker machine was removed or on which it was seized,(3) On the return of the summons and whether or not there is an appearance in response to the summons, the Licensing Court is to inquire into the matter and:(a) order the forfeiture to the use of the Crown of the poker machine, and of any money found in the poker machine, if satisfied that this Act or a condition of a certificate of registration or of a gaming-related licence was being contravened in relation to the poker machine on the premises from which it was removed or on which it was seized, or(b) if not so satisfied, order the return to the person summoned of the poker machine and any money found in the poker machine.s 130: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (20).
130A Other forfeitures of poker machines
(1) If, in proceedings of any kind before it, the Licensing Court or any other Court finds that this Act or a condition of a certificate of registration or of a gaming-related licence has been contravened in relation to a poker machine, the Court may order the forfeiture to the Crown of the poker machine and any money found in it.(2) A police officer may seize and carry away anything that the police officer reasonably suspects may be liable to forfeiture under this section or which a Court has ordered to be forfeited to the Crown, including any money in a poker machine or other device at the time of its seizure.s 130A: Ins 1993 No 29, Sch 1 (20).
131 (Repealed)
s 131: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (30). Rep 1993 No 29, Sch 5 (32).
132 Exclusion of liability
No liability is incurred by a person who is:(a) a member of the Board, or(b) a special inspector or a member of the Police Service, orfor any act done or omitted in good faith by the person in the course of the administration of this Act.(c) an officer or temporary employee appointed or employed under the Public Sector Management Act 1988,s 132: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (31). Subst 1993 No 29, Sch 5 (33).
132A Liability with respect to self-exclusion schemes
(1) In this section:self-exclusion scheme means a scheme:(a) in which a person (“the participant”) is prevented, at his or her own request, from entering or remaining on any part or parts of registered clubs used for gambling, and(b) that is conducted by the registered club in accordance with any requirements prescribed by the regulations for the purposes of this section.(2) It is lawful for a responsible person for a registered club, using no more force than is reasonable in the circumstances:(a) to prevent a participant in a self-exclusion scheme from entering those parts of the club used for gambling, and(b) to remove such a person from those parts of the club or cause such a person to be removed from them.(3) No civil or criminal liability is incurred by a responsible person for a registered club for any act done or omitted in good faith and in accordance with this section to or in respect of a participant in a self-exclusion scheme conducted at the club.(4) In this section:responsible person means:(a) the secretary of the club,(b) a director of the club,(c) an agent or employee of the club,(d) any other person involved in the conduct of gambling at the club.s 132A: Ins 1999 No 49, Sch 6 [10].
133 Certain clubs deemed to be registered
Schedule 3 has effect.s 133: Ins 1986 No 78, Sch 1 (4).
133A Transfer of Board’s functions under this Act relating to approved gaming devices
(1) The regulations may provide that any function of the Board under this Act relating to approved gaming devices may be exercised by a person other than the Board.(2) Any such regulation is to specify:(a) the function of the Board that is to be exercised, and(b) the person who may exercise the function.(3) The regulations may make provision with respect to any matter that is relevant to the exercising of a function of the Board by a person other than the Board.(4) A delegation by the Board under section 75 of the Liquor Act 1982 has no effect if it is inconsistent with a regulation made in accordance with this section.(5) This section does not apply to the functions of the Board in so far as they relate to the specification of technical standards for approved gaming devices, linked gaming systems or equipment used in the connection of approved gaming devices to an authorised centralised monitoring system.s 133A: Ins 1997 No 44, Sch 3 [11]. Am 1997 No 151, Sch 4 [6]; 1998 No 12, Sch 3 [14].
Part 12 Inter-club linked gaming systems
pt 12: Ins 1996 No 103, Sch 2 [10].
134 Definitions and operation of Part
(1) In this Part:means a linked gaming system that:(a) is operated under the authority of a licence, and(b) has been authorised by the Minister to be installed in a registered club in accordance with such requirements as may be prescribed by the regulations.means a special inspector, a police officer or a person prescribed as an authorised person for the purposes of this Part.exclusive licence period means the period that begins on the commencement of this Part and ends 15 years after a date declared by the Minister by order published in the Gazette to be the operative date for the purposes of this Part. The date declared by the Minister as the operative date must not be earlier than the commencement of this Part.key employee means a person (whether or not appointed under a contract of service) who is:(a) employed in a managerial or supervisory capacity in relation to the operation of an authorised linked gaming system by a licensee or participating club, or(b) authorised to make decisions, involving the exercise of his or her discretion, that regulate the operations of a licensee or a participating club in relation to an authorised linked gaming system operated by the licensee, or(c) concerned or engaged, in any manner prescribed by the regulations, in the operation of an authorised linked gaming system by a licensee.licence means a licence in force under this Part.licensee means the holder of a licence.linked gaming system means a system in which 2 or more specially approved gaming devices are linked electronically to contribute a percentage of the money wagered on the gaming devices to a separate jackpot pool, and includes any communications network, infrastructure and equipment that is subsidiary to, or used in connection with, the system.operate a linked gaming system includes supply, install, organise or manage the linked gaming system.participating club means a registered club participating in an authorised linked gaming system.specially approved gaming device means an approved gaming device that:(a) complies with the guidelines issued by the Board for linked gaming systems, and(b) is of a class of gaming devices specially approved by the Board for the purposes of this Part.subsidiary of TAB means a body corporate that is a subsidiary of TAB by virtue of Division 6 of Part 1.2 of the Corporations Act 2001 of the Commonwealth.TAB means the Totalizator Agency Board constituted by the Totalizator (Off-course Betting) Act 1964, and includes the company known as TAB Limited established by the Totalizator Agency Board Privatisation Act 1997.(2) The provisions of this Part prevail to the extent of any inconsistency with any other provision of this Act.(3) Without limiting subsection (2), a provision of this Act that would, but for this section, prevent:(a) the supply, under the authority of a licence, of any machine or equipment necessary or ancillary to the operation of a linked gaming system, or(b) financing of the acquisition, by a registered club, of any such machine or equipment, or(c) the possession by a licensee of any such machine or equipment, ordoes not operate to prevent it.(d) any other activity authorised by a licence or prescribed by the regulations to be ancillary to an activity so authorised,(4) The regulations may make provision for the conditional or unconditional exemption of registered clubs from any specified provisions of this Act or the regulations that would otherwise prevent the carrying on by a licensee of an activity referred to in subsection (3).s 134: Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [1]; 1998 No 12, Sch 3 [15]; 2001 No 34, Sch 4.51 [11].
135 Part applies to inter-club links only
This Part does not apply in relation to a linked gaming system operated on the defined premises of a registered club if the linked gaming system does not include a specially approved gaming device kept and operated on the defined premises of another registered club.s 135: Ins 1996 No 103, Sch 2 [10].
136 Keeping of approved gaming devices in a linked gaming system
(1) If an approved gaming device on the defined premises of a registered club is kept and operated as part of a linked gaming system that is not an authorised linked gaming system, section 77 does not apply to the keeping and operation of the gaming device.(2) The fact that an authorised linked gaming system extends beyond the defined premises of a registered club does not mean that an approved gaming device that is part of the linked gaming system and operated on the premises is not an approved gaming device on the premises.s 136: Ins 1996 No 103, Sch 2 [10].
137 Requirement for licence to operate linked gaming system
(1) A person must not operate a linked gaming system unless the person is the holder of a licence authorising the person to operate the linked gaming system.Maximum penalty: 100 penalty units.(2) A person does not commit an offence under this section if the person is only carrying out activities involving the preliminary development and testing of a linked gaming system and those activities have been approved by the Minister.s 137: Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [2].
138 Unlawful operation of linked gaming system by licensee
A licensee who operates a linked gaming system is guilty of an offence if the linked gaming system is operated in contravention of a requirement made under this Act, the regulations or the conditions of the licence.Maximum penalty: 100 penalty units.s 138: Ins 1996 No 103, Sch 2 [10].
139 Application for licence
(1) An application for a licence to operate a linked gaming system may be made to the Minister by any one or more persons.(2) An application must:(a) be in the form approved by the Minister, and(b) be accompanied by such information as the Minister requires, and(c) be accompanied by the fee prescribed by the regulations.(3) An application for a licence may not be made by:(a) a person who is under 18 years of age, or is within a class of persons prescribed by the regulations as being ineligible to apply for a licence, or(b) a person who is disqualified from holding a gaming-related licence, or(c) a person who is the holder of a suspended gaming-related licence.s 139: Ins 1996 No 103, Sch 2 [10].
140 Grant of licence
(1) The Minister may, after considering an application for a licence:(a) grant a licence to the person making the application, or(b) refuse to grant a licence.(2) The Minister may grant a licence subject to any conditions determined by the Minister and specified in the licence.(2A) Every licence is subject to a condition that the licensee must have in place and must give effect to commercial arrangements with the racing industry in respect of the licence and the conduct of activities authorised by the licence, being arrangements that are both:(a) approved by the Minister, having regard to the interests of the racing industry, hotels and registered clubs, and(b) acknowledged by the racing industry in writing to the Minister to be to the satisfaction of the racing industry.(2B) For the purposes of subsection (2A), the racing industry comprises such one or more persons as the controlling bodies and major racing bodies (within the meaning of the Totalizator Act 1997) nominate in writing to the Minister for the purposes of the licence concerned. The nomination can be changed by fresh nomination in writing to the Minister, but only if the licensee consents to the fresh nomination.(3) In deciding whether to grant a licence, the Minister may have regard to the following matters:(a) the need to balance the public interest with private sector commercial interests,(b) whether the integrity and regularity of the operation of the linked gaming system can be ensured,(c) the need to provide flexibility in respect of commercial gaming activities,(d) the need to provide equal opportunities for registered clubs to participate in the linked gaming system, including those clubs located in remote areas.(e) (Repealed)(4) Subsection (3) does not limit the factors that the Minister may take into account in determining whether or not to grant a licence.(5) A licence may be granted to one person or 2 or more persons jointly.(6) A licensee may not transfer a licence to another person.s 140: Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [3]; 1997 No 151, Sch 4 [7].
140A TAB entitled to licence during exclusive licence period
(1) TAB or a wholly owned subsidiary of TAB is entitled to a licence (the exclusive licence) during the exclusive licence period to operate a linked gaming system.(2) No other person may be granted a licence to operate a linked gaming system during the exclusive licence period.(3) Subsections (1) and (2) cease to apply if the exclusive licence is cancelled or surrendered in accordance with this Part or otherwise ceases to be in force.(4) No application under this Part is required for the purposes of the grant of a licence for which there is an entitlement under this section.(5) Nothing in any other Act prevents TAB from operating a linked gaming system under the authority of a licence, or from carrying out any of its functions as a licensee.(6) Nothing in this section is intended to prevent TAB or any other person (assuming that they are otherwise qualified) from applying for and being granted a licence in respect of any period after the exclusive licence period.s 140A: Ins 1997 No 44, Sch 4 [4].
140AA Trade Practices exemption
(1) The following conduct is specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales:(a) the grant of the exclusive licence referred to in section 140A,(b) conduct authorised or required by or under the terms or conditions of that licence.(2) Conduct authorised by this section is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.s 140AA: Ins 1997 No 151, Sch 4 [8].
141 Conditions of licence
(1) The conditions of a licence may include, in addition to any other conditions referred to in this Part, conditions relating to the following:(a) the number of participating clubs involved in the linked gaming system,(b) the number of approved gaming devices that may be part of the linked gaming system,(c) the minimum and maximum amounts of jackpot prizes to be paid in connection with the linked gaming system,(d) the financial arrangements with respect to jackpot prize pools and the establishment by the licensee of a special account relating to jackpot prize pools,(e) the furnishing of information, whether in the form of statements, returns or otherwise, by the licensee to the Minister relating to the operation of the linked gaming system (including the operating costs and other costs incurred by the licensee in operating the linked gaming system),(f) the times at which, and the form in which, the information must be furnished to the Minister,(g) the auditing of the financial records of the licensee relating to the operation of the linked gaming system (including records of the operating costs and other costs incurred by the licensee in operating the linked gaming system),(h) the approval by the Minister of contracts or arrangements, entered into by the licensee, for the purpose of operating the linked gaming system,(i) the approval by the Minister of persons engaged in the repair or maintenance of any equipment used in relation to the operation of the linked gaming system,(j) the security requirements in respect of the linked gaming system,(k) any other matters that the Minister thinks fit or that may be prescribed by the regulations.(2) A licence may make provision for advice to be furnished to the Minister in connection with the exercise of the Minister’s functions under this Part.s 141: Ins 1996 No 103, Sch 2 [10].
142 Alteration of conditions of licence
(1) The Minister may, while a licence is in force, alter the conditions of the licence by imposing an additional condition or by amending, substituting or revoking a condition.(2) The Minister must not make an alteration under this section unless the Minister:(a) has given the licensee notice, in writing, setting out the terms of the proposed alteration and inviting the licensee to make representations to the Minister, within the period specified in the notice, concerning the proposed alteration, and(b) has, after the end of that period, considered any representations so made by or on behalf of the licensee.(3) An alteration under this section takes effect:(a) on the day that is 7 days after the day on which a notice advising the licensee of the alteration is given to the licensee by the Minister, or(b) if a later day is specified in the notice—on that day.(4) Subsections (2) and (3) do not apply to an alteration made at the request of a licensee. Such an alteration takes effect on the day specified in the notice advising of the alteration that is given by the Minister to the licensee.s 142: Ins 1996 No 103, Sch 2 [10].
142A Joint venture
Subject to the regulations and to the conditions of its exclusive licence, TAB may enter into a joint venture with the Registered Clubs Association of New South Wales (or a company wholly owned by the Association) in relation to the business of carrying on some or all of the activities authorised by TAB’s exclusive licence.s 142A: Ins 1998 No 12, Sch 3 [16].
143 Consideration and fees for licences
(1) The Minister may determine that an amount is payable as consideration for the grant of a licence. Different amounts may be determined for different licences.(2) The Minister may determine a periodic licence fee for a licence. Any such fee is payable in accordance with the regulations.(3) The Minister can accept payment of an amount of consideration payable under this section by payment in money or by the issue of shares.(4) A licence for which an amount of consideration has been determined to be payable under this section is not to be granted until the amount has been paid or arrangements satisfactory to the Minister have been made for its payment.(5) The regulations may make provision for or with respect to any fee payable under this section and in particular may provide for any of the following:(a) the periods in respect of which a fee is payable,(b) times for payments of fees,(c) payment by instalments,(d) penalties for late payment,(e) suspension or cancellation of a licence for failing to pay a fee,(f) the circumstances in which a fee (or part of a fee) may be refunded.s 143: Ins 1996 No 103, Sch 2 [10]. Subst 1997 No 44, Sch 4 [5]; 1997 No 151, Sch 4 [9].
144 Term of licence
A licence remains in force for the period specified by the Minister in the licence, unless it is sooner cancelled or surrendered.s 144: Ins 1996 No 103, Sch 2 [10]. Subst 1997 No 151, Sch 4 [10].
145 Disciplinary action against licensee
(1) In this Part, disciplinary action means any one or more of the following actions in relation to a licence:(a) the cancellation or suspension of the licence,(b) the imposition on the licensee of a monetary penalty (not exceeding $250,000),(c) the alteration of the conditions of the licence by the Minister,(d) the service of a letter of reprimand by the Minister on the licensee.(2) If a licensee:(a) fails to comply with this Act or the regulations, or(b) fails to comply with a condition of the licence, or(c) being a natural person:(i) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(ii) becomes an incapacitated person and incapable of operating a linked system in accordance with this Part, or(iii) is convicted of an offence involving fraud or dishonesty, orthe Minister may serve on the licensee a notice in writing affording the licensee an opportunity to show cause within 14 days (or such longer period as the Minister may specify in the notice) why disciplinary action should not be taken against the licensee on the grounds specified in the notice.(d) being a corporation:(i) enters into or authorises a dealing with or in respect of shares of, or other instruments issued by, the corporation without the consent in writing of the Minister that, in the opinion of the Minister, affects the control of the corporation, or(ii) becomes an externally administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or(iii) fails to terminate promptly the employment of a person concerned in the management of the licensee who is convicted of an offence involving fraud or dishonesty,(3) The licensee may, within the period allowed by the notice, arrange with the Minister for the making of submissions to the Minister as to why disciplinary action should not be taken and the Minister is to consider any submissions so made.(4) The Minister may then decide that it is appropriate that certain disciplinary action be taken against the licensee and may either:(a) take that disciplinary action by giving written notice of the action to the licensee, or(b) as an alternative to taking that disciplinary action, take action under section 146.(5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.(6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.(7) The fact that disciplinary action is taken by the Minister under this section does not prevent the Minister from taking the same or other disciplinary action under this section if the contravention continues or a fresh contravention occurs.(8) A monetary penalty imposed under this section may be recovered as a debt due to the Crown in a court of competent jurisdiction.s 145: Ins 1996 No 103, Sch 2 [10]. Am 2001 No 34, Sch 4.51 [12].
146 Rectification order as alternative to disciplinary action
(1) As an alternative to taking disciplinary action against a licensee, the Minister may direct the licensee in writing to take specified action within a specified time to rectify the matter that constitutes the basis for taking the disciplinary action concerned.(2) If a licensee fails to take the specified action within the specified time, the Minister may proceed to take the relevant disciplinary action by giving written notice of the action to the licensee, and the disciplinary action takes effect when the notice is given or on a later date specified in the notice.ss 146–148: Ins 1996 No 103, Sch 2 [10].
147 Temporary suspension of licence
(1) The Minister may take action under this section, without prior notice to a licensee, in order to secure compliance by a licensee with a direction given to the licensee in accordance with the regulations.(2) If the Minister considers it necessary or expedient for the purposes of this section, the Minister may, by notice, suspend a licensee’s licence:(a) until a date specified in the notice of suspension, or(b) if the notice so specifies—until the Minister, being satisfied that the relevant direction has been complied with, further notifies the licensee.ss 146–148: Ins 1996 No 103, Sch 2 [10].
148 Surrender of licence
(1) A licensee may surrender the licence by giving notice in writing to the Minister. If the licence is held by more than one person, each licensee is to surrender the licence.(2) The surrender takes effect only if the Minister consents to the surrender.ss 146–148: Ins 1996 No 103, Sch 2 [10].
148A Appointment of temporary licensee if licence suspended, cancelled or surrendered
(1) If a licence is suspended, cancelled or surrendered, the Minister may, if the Minister is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be a licensee (the appointed licensee) for the purposes of this section.(2) In appointing a person to be the appointed licensee, the Minister must have regard to the suitability of the person.(3) The appointed licensee is to be appointed on such terms and conditions as the Minister thinks fit.(4) The appointment of the appointed licensee may be terminated at any time by the Minister and is in any case terminated:(a) 90 days after appointment unless in a particular case the appointment is extended by the regulations, or(b) by the grant of another licence to operate a linked gaming system under this Part.(5) The appointed licensee:(a) is to be considered to be the holder of a licence granted on the same terms and subject to the same conditions as the suspended, cancelled or surrendered licence (as in force immediately before its suspension, cancellation or surrender) with such modifications as the Minister may direct, and(b) is to assume full control of and responsibility for the business of the former licensee in respect of the linked gaming system operated under the former licence, and(c) is to operate or cause to be operated a linked gaming system in accordance with this Act, and(d) has, in connection with the operation of a linked gaming system, all the functions of the former licensee.(6) Subject to this section, an appointed licensee under this section may enter into such arrangements as are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.(7) The former licensee must:(a) make available to the appointed licensee on reasonable terms such assets of, or under the control of, the former licensee as are reasonably necessary for arrangements under subsection (6), and(b) use the former licensee’s best endeavours to make available such staff of the former licensee as are reasonably necessary for those arrangements.Maximum penalty: 100 penalty units.(8) The regulations may make provision for or with respect to the functions of an appointed licensee.(9) The following provisions have effect in respect of the net earnings of a linked gaming system while operated by an appointed licensee under this section:(a) no payment of net earnings (including any fees or charges) is to be made to the former licensee without the prior approval of the Minister,(b) the former licensee is entitled to a fair rate of return out of net earnings (if any) on any property of the former licensee retained by the appointed licensee (subject to any arrangements made under subsection (6)),(c) the Minister may in the Minister’s discretion direct that all or any part of net earnings (other than that to which the former licensee is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former licensee.s 148A: Ins 1997 No 44, Sch 4 [6].
149 Directions to licensees and key employees
(1) The regulations may provide for the Minister to give directions to any licensee, participating club or key employee:(a) regarding any matter that relates to the operation of a linked gaming system, and(b) regarding any agreement or arrangement that relates to a linked gaming system, and(c) requiring the licensee, club or key employee to provide such information or particulars, and in such circumstances, as may be prescribed by the regulations.(2) The regulations may make provision for the enforcement of such directions.s 149: Ins 1996 No 103, Sch 2 [10].
150 Right of authorised persons to enter premises
(1) An authorised person may, for the purposes of exercising functions under this Part or the regulations made under this Part, at any reasonable time:(a) enter any part of the premises of a licensee, or(b) enter any part of the premises of a registered club, or(c) enter any part of the premises of a person, not being a licensee or a registered club, whom the authorised person reasonably suspects of operating a linked gaming system.(2) An authorised person is not entitled to exercise the powers conferred by this section in relation to any part of any premises used for residential purposes, except:(a) with the consent of the occupier of the premises, or(b) under the authority conferred by a search warrant issued under section 151.(3) An authorised person who enters premises under this section is not authorised to remain on the premises if, at the request of the licensee or other occupier of the premises, the authorised person does not show his or her means of identification as an authorised person to the licensee or other occupier.ss 150–152: Ins 1997 No 44, Sch 4 [7].
151 Search warrant
(1) An authorised person may apply to an authorised justice for the issue of a search warrant if the authorised person believes on reasonable grounds that a provision of this Part, or the regulations made under this Part, is being or has been contravened on any premises.(2) An authorised justice to whom any such application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised person named in the warrant:(a) to enter the premises, and(b) to exercise any function of an authorised person under this Act.(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.ss 150–152: Ins 1997 No 44, Sch 4 [7].
152 Powers of authorised persons
(1) An authorised person may do any one or more of the following:(a) require any person whom the authorised person reasonably suspects of being in possession or control of any documents that relate to, or that the authorised person reasonably suspects relate to, the operation of a linked gaming system to produce the documents for inspection and to answer questions or provide information relating to the documents,(b) make copies of, take extracts from and notes relating to, any documents,(c) require a licensee, registered club or other person whom the authorised person reasonably suspects of having possession or control of any device or equipment that is, or that appears to the authorised person to be, used in relation to the operation of a linked gaming system to produce the device or equipment for inspection and to answer questions or provide information relating to the device or equipment,(d) inspect and test any device or equipment in the possession or control of a licensee, registered club or other person that is, or that appears to the authorised person to be, used in relation to the operation of a linked gaming system,(e) for the purpose of any such inspection or testing:(i) require the licensee, registered club or other person to provide the authorised person with any assistance that the authorised person reasonably requires, or(ii) if practicable, remove the device or equipment to another place, for any time that is reasonably necessary for that purpose,(f) if the authorised person considers it to be necessary to do so for the purpose of obtaining evidence of the commission of an offence—seize any document or any device or equipment inspected or tested under this subsection,(g) by notice in writing require any licensee, registered club or other person concerned, in whatever capacity, in the operation of a linked gaming system, to attend before an authorised person at a specified time and place and answer questions, or provide information, with respect to the operation of any linked gaming system,(h) call to his or her aid:(i) another authorised person if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions, or(ii) a person considered by the authorised person to be competent for the purpose,(i) exercise any other functions prescribed by the regulations as functions of an authorised person for the purposes of this Part.(2) If an authorised person seizes any document, device or equipment under this section, it may be retained by the authorised person until the completion of any proceedings (including proceedings on appeal) in which it may be tendered in evidence but only if, in the case of documents, the person from whom the documents were seized is provided, within a reasonable time after the seizure, with a copy of the documents certified by an authorised person as a true copy.(3) Subsection (2) ceases to have effect in relation to anything seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.(4) A copy of documents provided under subsection (2) is, as evidence, of equal validity to the documents of which it is certified to be a true copy.(5) A person is not required by this section to answer a question that might incriminate the person.(6) A person has, while acting in aid of an authorised person under this section, the functions of an authorised person.ss 150–152: Ins 1997 No 44, Sch 4 [7].
153 Offences relating to authorised persons
(1) A person who:(a) prevents an authorised person from exercising any function conferred on the authorised person by or under this Part, or(b) hinders or obstructs an authorised person in the exercise of any such function, or(c) fails to comply with a requirement of an authorised person under this Part, oris guilty of an offence.(d) furnishes to an authorised person (whether in answer to a question asked by an authorised person or otherwise) information that the person knows is false or misleading in a material particular,Maximum penalty: 50 penalty units.(2) It is a defence to a prosecution for an offence under subsection (1) (c) for the failure of the defendant to answer a question asked by an authorised person for the purposes of this Part if the defendant proves that the defendant did not know, and could not with reasonable diligence ascertain, the answer to the question.(3) If an answer to a question asked by an authorised person for the purposes of this Part, or any information, is given to an authorised person by an officer of a corporation (within the meaning of the Corporations Act 2001 of the Commonwealth) that is concerned in the operation of a linked gaming system, the answer and information are, for the purposes of any proceedings against the corporation under this Act, binding on and admissible in evidence against the corporation unless it is proved that the answer or information was given on a matter in respect of which the officer had no authority to bind the corporation.s 153: Ins 1997 No 44, Sch 4 [7]. Am 2001 No 34, Sch 4.51 [13].
Schedule 1 (Repealed)
sch 1: Am 1978 No 68, Sch 8 (10) (11); 1982 No 148, Sch 1. Rep 1999 No 85, Sch 4.
Schedule 2 Transitional provisions
(Section 76)
Part 1A Preliminary
1A Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.
Part 1 Provisions relating to repeal of Liquor Act 1912
1
In this Schedule, the previous Act means the Liquor Act 1912.
2
(1) Any application or conditional application, or proceedings on any application or conditional application, under a provision of the previous Act, being an application or conditional application or proceedings that had been lodged or commenced but had not been finally dealt with or completed before the commencement of this Act, may be pursued, continued, dealt with, heard and determined, adjudicated upon and completed under the corresponding provision of this Act.
(2) Any complaint under section 148 of the previous Act made before the commencement of this Act, the matter of which complaint had not been heard and determined, adjudicated upon and completed by the licensing court before that commencement, may be so heard and determined, adjudicated upon and completed in all respects as if this Act had not been enacted except that the determination of the licensing court on the matter of the complaint shall be a determination referred to in section 17 (2) and shall be subject to appeal under the provisions of this Act as if it were an adjudication of the licensing court in respect of a complaint under section 17 (1).
(3) Any complaint under section 148A of the previous Act made before the commencement of this Act or proceedings on such a complaint, the matter of which complaint had not been heard and determined, adjudicated upon and completed by the licensing court before that commencement, may be so heard and determined, adjudicated upon and completed under section 35.
(4) An adjudication of the licensing court that was made under a provision of the previous Act and against which an appeal could, but for the amendments made by section 74 (1) and Part 1 of Schedule 1, have been lodged under the previous Act before the commencement of this Act is subject to appeal under the provisions of this Act as if it were an adjudication under the provision of this Act that corresponds to that provision of the previous Act.
3
A certificate of registration under the previous Act in force immediately before the commencement of this Act shall be deemed to be a certificate of registration issued and in force under this Act.
4
The grant of a conditional application under section 136A, or the conditional grant of an order under section 145 (2), of the previous Act, being a grant of such an application or being such an order in force immediately before the commencement of this Act, shall respectively be deemed to be grants of conditional applications under section 18.
5
A permission granted under section 145A of the previous Act and in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 20.
6
An order under section 145 (3) of the previous Act in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 21.
7
A permission granted to a registered club under section 51B of the previous Act and in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 22.
8
A permission granted under section 139A of the previous Act and in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 23.
9
Where the certificate of registration of a club under the previous Act was, at the commencement of this Act, suspended, that club shall, until the suspension would but for the amendments effected by section 74 (1) and Part 1 of Schedule 1 have expired, be deemed to be disqualified from holding a certificate of registration.
10
A declaration made under section 148A (4) (a) or (b) of the previous Act shall have the same effect as if it were a declaration under section 35 (4) (a) or (b), as the case may be.
11
(1) For the purposes of this Act, in respect of a club in respect of which a certificate of registration under the previous Act, in force immediately before the commencement of this Act, was held:(a) the premises of that club are the premises in respect of which that certificate of registration was held until other premises are, under subclause (2) (a) or section 5 (1) (a), defined or described as the premises of the club, and(b) the defined premises of that club are:(i) except as provided in subparagraph (ii)—the premises of that club in respect of which that certificate of registration was held, oruntil the licensing court, under subclause (2) (b) or section 5 (1) (b), specifies differently.(ii) where on any plan submitted in connection with an application made under the previous Act there was endorsed by a licensing magistrate any statement indicating that that certificate of registration extended only to a specified part of the premises of that club—that specified part,
(2) The licensing court may, upon an application made by the district inspector in respect of a club in respect of which a certificate of registration under the previous Act, in force immediately before the commencement of this Act, was held:(a) define or describe the premises of the club in respect of which the certificate of its registration is in force, and(b) specify that those premises, or such part of those premises as is defined or described by the licensing court, are or is the defined premises of the club.
(3) Not more than one application may be made under subclause (2) (a) or (b) in respect of the same club.
(4) For the purposes of this Act, the premises, defined or described as referred to in subclause (2) (a), of a registered club are the premises of that club in respect of which the certificate of its registration is in force until other premises are, under section 5 (1), defined or described as the premises of the club.
(5) For the purposes of this Act, the premises or part of the premises of a registered club that are or is specified under subclause (2) (b) are the defined premises of that registered club until the licensing court, under section 5 (1), specifies differently.
12
A person who immediately before the commencement of this Act held office as the secretary of a registered club under the previous Act shall be deemed to have been approved under section 33 as the secretary of that club.
13
A proclamation or order made under a provision of the previous Act specified in column 1 of the Table to this clause and in force at the commencement of this Act shall be deemed:opposite the provision of the previous Act specified in column 1 of that Table.
(a) to be an order made under the provision of this Act specified in column 2 of that Table, and
(b) to have been so made for the purposes of the provision of this Act specified in column 3 of that Table,
Table
Column 1 | Column 2 | Column 3 |
Section 134A (5) | Section 13 (1) (a) | Section 10 (4) |
Section 134B (6) | Section 13 (1) (a) | Section 10 (3) |
Section 135 (1) | Section 13 (1) (b) | Section 10 (5) |
Section 135 (1A) | Section 30 (7) | Section 30 (6) |
14
If a person is, at the commencement of this Act, prevented by the rule referred to in section 30 (1) (b) from holding office as a member of the governing body of a club in respect of which a certificate of registration under the previous Act, in force immediately before that commencement, was held, the position of that person as a member of the governing body of that club becomes vacant on that commencement and may be filled as a casual vacancy.
15
A person who became a member of a registered club before the commencement of this Act shall:
(a) if he or she was elected to membership of the club for life, be deemed to be a life member of the club,
(b) if he or she was elected to membership of the club in accordance with a rule of the club referred to in section 135 (1) (d) of the previous Act or if, immediately before the grant under the previous Act of the certificate of registration in respect of the club or of the conditional application, if any for the certificate of registration in respect of the club whichever was granted the later, he or she was a member of the club, not being a person who, under the rules of the club, was a life member, an honorary member or a temporary member of the club, be deemed to be an ordinary member of the club,
(c) if he or she was admitted as an honorary member of the club or as an honorary and temporary member of the club, be deemed to be an honorary member of the club, or
(d) except as provided in paragraphs (a), (b) and (c), be deemed to be a temporary member of the club.
16
Section 49 applies to and in respect of a registered club in respect of any amendment to its rules made before the commencement of this Act as if section 49 had been in force when the amendment was made unless section 135A of the previous Act was complied with in relation to the amendments.
17
(1) A registered club that has more than 1 certificate of registration under this Act shall, within 12 months after the commencement of the Registered Clubs (Further Amendment) Act 1985, surrender those certificates to the Board.
(2) A certificate of registration of a club which is not surrendered in accordance with subclause (1) shall be deemed to be cancelled.
(3) Where any certificates of registration are surrendered by a registered club under subclause (1) or are deemed to be cancelled under subclause (2), the Board shall, subject to section 5A, issue to the club 1 certificate of registration in respect of all the premises to which the surrendered or cancelled certificates related.
(4) A certificate of registration issued by the Board under subclause (3) is subject to such conditions as the Board imposes and any such condition imposed by the Board shall, for the purposes of this Act, be deemed to be a condition imposed by the Licensing Court under section 9A.
(5) A certificate of registration issued by the Board under subclause (3) shall be deemed to be a certificate of registration issued under Part 2.
Part 1B Provisions relating to enactment of Registered Clubs (Liquor) Amendment Act 1982
17A Transitional provisions
(1) A condition to which, pursuant to section 9A (as in force immediately before its amendment by the amending Act), the certificate of registration of a club was subject immediately before 1 July 1983 is taken to be a condition imposed on that day under section 9A, as amended by the amending Act.(2) A fee paid by a registered club before 1 July 1983 for renewal of its certificate of registration on and from that day is taken to be the fee paid by the club under section 15, as amended by the amending Act, in respect of the licensing period that commenced on that day.(3) The provisions of this Act, as amended by the amending Act, that relate to the reassessment of a registration fee apply to and in respect of a fee paid by a registered club before 1 July 1983 for renewal of its certificate of registration as if the fee so paid had been assessed as a registration fee under this Act, as amended by the amending Act.(4) Section 16, as amended by the amending Act, applies to and in respect of a certificate of registration of a club in force immediately before 1 July 1983 in the same way as it applies to and in respect of such a certificate granted on or after that day unless renewal of the certificate of registration was refused before 1 July 1983 or is, pursuant to an application made before that day, refused on or after that day.(5) Where a notice given before 1 July 1983 would, if the amending Act had not been enacted, have been duly given for the purposes of this Act, it is taken to have been duly given for the purposes of this Act, as amended by the amending Act.(6) An objection to an application taken under this Act before 1 July 1983 and not finally heard and determined before that day is to be heard and determined as if the amending Act had not been enacted.(7) This clause is taken to have commenced on 1 July 1983 (the date of commencement of the amending Act).(8) Subclauses (1)–(6) re-enact (with minor modifications) clauses 2–7 of Schedule 10 to the amending Act. Subclauses (1)–(6) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.(9) In this clause:amending Act means the Registered Clubs (Liquor) Amendment Act 1982.
Part 1C Provisions relating to enactment of Registered Clubs (Amendment) Act 1986
17B Transitional provisions
(1) Where an application for a licence is made, but not determined, before the appointed day, the applicant is, between the commencement of that day and:(a) where the application is refused—the time the applicant is notified of the refusal by posting advice of the refusal to the address of the applicant last known to the Board, ortaken to be the holder of a licence of the kind applied for.(b) where the application is granted—the expiration of 14 days after the applicant is, in the same way, notified of the granting of the licence,(2) If the Licensing Court, upon cause shown, so directs, subclause (1) ceases to apply to a specified applicant to whom or to which, but for this clause and the direction, it would apply.(3) Subject to any directions given by the Board to a particular licensee, or to licensees of a particular class of licensees, a reference in this Act to an established poker machine includes a reference to a poker machine (not being an approved poker machine):(a) that, immediately before the appointed day, was in the possession of a person who, on the appointed day is, or is taken to be, a licensee, or(b) that is manufactured on or after the appointed day by a person who, at the time of the manufacture is, or is taken to be, the holder of a dealer’s licence, or(c) that, on or after the appointed day, is the subject of a contract:(i) entered into by any person before the appointed day, or(ii) entered into on or after the appointed day by a person who is, or is taken to be, a licensee.(4) The Board may, by notification in the Gazette, terminate the operation of subclause (3).(5) This clause is taken to have commenced on 21 May 1986 (the date of assent to the amending Act).(6) Subclauses (1)–(4) re-enact (with minor modifications) clauses 2–4 of Schedule 3 to the amending Act. Subclauses (1)–(4) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.(7) In this clause:amending Act means the Registered Clubs (Amendment) Act 1986.appointed day means the day appointed under section 116, as inserted by the amending Act.
Part 1D Provisions relating to enactment of Registered Clubs (Amendment) Act 1988
17C Transitional provision
(1) A person who, but for this clause, would be required by this Act, as amended by the amending Act, to hold a licence in relation to subsidiary equipment is not required to hold such a licence until:(a) a day notified by the Liquor Administration Board in the Gazette for the purposes of section 4 of the amending Act or this clause, or(b) if an application for the licence was lodged before that day—until notified of the result of the application.(2) This clause is taken to have commenced on 19 December 1988 (the date of assent to the amending Act).(3) Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.(4) In this clause:amending Act means the Registered Clubs (Amendment) Act 1988.
Part 1E Provisions relating to enactment of Registered Clubs (Amendment) Act 1990
17D Transitional provisions
(1) If, immediately before 1 August 1990 (the date of commencement of Schedule 2 to the amending Act), a police officer:(a) held office under the Liquor Act 1982 as superintendent of licences or as a licensing inspector, andthe police officer may, after that commencement, complete the exercise of the function as if it had been delegated to the officer under section 6A, as amended by the amending Act.(b) had commenced to exercise a function conferred or imposed by this Act on a holder of the office,(2) If anything done by the Principal Registrar of the Licensing Court:(a) still has effect immediately before the commencement of a provision of the amending Act, andit has effect on and after that commencement as if it had been done by the Director of Liquor and Gaming.(b) could be done by the Director of Liquor and Gaming after that commencement,(3) If a condition to which a certificate of registration under this Act is subject immediately before 1 August 1990 includes a reference to the superintendent of licences or to a licensing inspector, the reference is to be read on and after that day as a reference to a police officer who is a delegate of the Commissioner of Police for the purposes of the reference.(4) If, immediately before the repeal of section 20A by the amending Act on 1 September 1990:(a) an application that had been made for an order under that section in relation to club premises had not been disposed of, or(b) the Liquor Administration Board was considering whether or not to make such an order of its own motion, orthat section continues to have effect in relation to the club premises as if it had not been repealed.(c) an order in force under that section had not been complied with,(5) Section 6A, as amended by the amending Act, applies in relation to a function that may be exercised for the purposes of Schedule 6 to the amending Act or this clause in the same way as it applies in relation to a function conferred or imposed by this Act, as amended by the amending Act.(6) This clause is taken to have commenced on 14 June 1990 (the date of assent to the amending Act).(7) Subclauses (1)–(5) re-enact (with minor modifications) Schedule 6 to the amending Act. Subclauses (1)–(5) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.(8) In this clause:amending Act means the Registered Clubs (Amendment) Act 1990.
Part 2 Provisions relating to enactment of Registered Clubs (Further Amendment) Act 1990
18 Proceedings relating to complaints
(1) Sections 17 and 35 as amended by Schedule 1 (2) (c) and (4) to the Registered Clubs (Further Amendment) Act 1990 apply to proceedings before the Licensing Court whether the proceedings were commenced before or after the amendments took effect.(2) The increase in the maximum penalty referred to in section 17 (2) (c) made by the amendment contained in Schedule 1 (2) (a) to the Registered Clubs (Further Amendment) Act 1990 applies only to matters (which are the subject of complaints) occurring after the commencement of that amendment.
Part 3 Provisions relating to enactment of Registered Clubs (Amendment) Act 1993
19 Definitions
In this Part:1993 Act means the Registered Clubs (Amendment) Act 1993.introduction date means the date of introduction into Parliament of the Bill for the 1993 Act, whether or not the 1993 Act was enacted in the form of the Bill as introduced.
20 (Repealed)
21 Existing profits, benefits and advantages
Any person (including a registered club) may, after the amendment of section 10 (1) (j) by the 1993 Act, continue to derive any profit, benefit or advantage to which the person was lawfully entitled immediately before that amendment.
22 Club rules
(1) For the period of 1 month that next succeeds the insertion of section 30 (2A) by the 1993 Act, that subsection does not apply in relation to a registered club that, during that period, has rules providing for the admission of honorary members or temporary members.(2) A registered club to which section 30 (7A) applies immediately before its repeal is not affected by the repeal until the expiration of the period of 3 months that next succeeds the repeal.
23 Restrictions on certain officials (registered clubs)
(1) On and after the commencement of section 59A and despite its provisions:(a) section 59A (1) (b) and (4) (b) do not apply in relation to a key official during the unexpired term of office as a member of the governing body of a registered club held by the key official immediately before the introduction date, and(b) section 59A (1) (e) and (f), (4) (c) and (7) (a) and (b) do not apply to prohibit the continuation of any employment of a key official that existed immediately before the introduction date, and(c) section 59A (2), (3), (5), (6) and (7) (c) and (d) do not apply to prohibit a business or financial association, or a business or financial interest, that existed immediately before the introduction date.(2) On and after the commencement of section 59B and despite its provisions, a reference in that section to a former key official does not include a reference to a person who was a former key official immediately before the introduction date.(3) This clause does not affect the operation of section 80 (1) or (2) of the Public Sector Management Act 1988, despite section 80 (3) of that Act.
24 Restrictions on certain officials (licences)
(1) On and after the commencement of section 59C and despite its provisions:(a) section 59C (1) (a) does not apply to prohibit the continuation of any employment of a key official that existed immediately before the introduction date, and(b) section 59C (1) (c) and (4) (a) do not apply to prohibit the continuation of any employment of a key official that existed immediately before the introduction date, and(c) section 59C (2), (3) and (4) (b) and (c) do not apply to prohibit a business or financial association, or a business or financial interest, that existed immediately before the introduction date.(2) On and after the commencement of section 59D and despite its provisions, a reference in that section to a former key official does not include a reference to a person who was a former key official immediately before the introduction date.(3) This clause does not affect the operation of section 80 (1) or (2) of the Public Sector Management Act 1988, despite section 80 (3) of that Act.
25 Investigation of certain devices
On the commencement of section 77A as inserted by the 1993 Act, that section applies in relation to an application for a declaration of a device as an approved poker machine made, but not determined, before that commencement in the same way as it applies in relation to such an application made after that commencement.
26 Approval of poker machine
(1) An approval by the Board of a poker machine, or of a class of poker machines, that was in force immediately before the commencement of section 77B as inserted by the 1993 Act has effect at that commencement as a declaration under that section to the effect that the poker machine, or a poker machine of that class, is an approved poker machine.(2) If, before the commencement of section 77B (2) (b) as inserted by the 1993 Act:(a) the Board had made in relation to a device a declaration of a kind referred to in that paragraph, andthe declaration is taken to have been made in accordance with that paragraph.(b) the declaration was in force immediately before that commencement,
27 (Repealed)
28 Poker machines not used for gaming
An approval in force under section 123 immediately before the repeal and substitution of that section by the 1993 Act continues in force after the repeal as if that section had not been repealed and substituted.
29 General
(1) If anything done or commenced under a provision repealed or amended by the 1993 Act could have been done or commenced under a provision of this Act if the amendments made by the 1993 Act had been in force when the thing was done or commenced, it is taken to have been done or commenced under this Act as amended by the 1993 Act.(2) This Part has effect in addition to, and does not derogate from, section 30 of the Interpretation Act 1987.
30 Definitions
In this Part:the amending Act means the Registered Clubs (Taxation) Amendment Act 1993.the Regulation means the Registered Clubs Regulation 1983.
31 Purpose of provisions
The purpose of this Part is to ensure a continuity of operation (as provisions of this Act) of those provisions of the Regulation that are repealed by the amending Act and re-enacted as provisions of this Act.
32 (Repealed)
33 Amendments etc do not affect existing liabilities
(1) The amendments made to this Act and the Regulation by the amending Act and the repeal of the Gaming and Betting (Poker Machines) Taxation Act 1956 do not affect any existing right, entitlement or obligation, in particular:(a) any existing liability to pay registration fee, duty, tax or penalty or any instalment of registration fee, duty or tax, and(b) any existing entitlement to a reduction of registration fee, duty or tax or to a refund or credit of registration fee, duty or tax paid, and(c) any existing liability to submit a return.(2) Any registration fee, duty, tax, instalment or penalty so payable or paid under a provision of the Regulation repealed by the amending Act is taken to be payable or to have been paid under the corresponding provision of this Act as amended by the amending Act.(3) Anything done or omitted to be done under or for the purposes of a provision of the Regulation repealed by the amending Act is taken to have been done or omitted under or for the purposes of the corresponding provision of this Act as amended by the amending Act.
34 Transitional regulations for club amalgamations
(1) Clause 20ZB (Effect of amalgamation before 1 Dec 1991 on duty) of the Regulation (as in force immediately before the repeal by this Act of the other provisions of Part 4B (Duty on Poker Machines) of the Regulation is taken to be in force as a regulation under this Act.(2) That clause operates as if references in it to duty were references to both the duty payable under Division 2 of that Part and the duty payable under Division 2 of Part 10 of this Act.(3) This clause does not prevent the repeal of clause 20ZB of the Regulation.
35 Validation of registration and licence cancellations
(1) Clauses 19 and 20H of the Regulation are taken at all times prior to their repeal to have been valid for the purposes of effecting the cancellation of a certificate of registration or licence in accordance with the terms of those clauses.(2) Accordingly, a certificate of registration or licence purportedly cancelled by clause 19 or 20H of the Regulation is taken to have been validly cancelled.(3) However, clauses 19 and 20H of the Regulation are taken never to have operated to cancel a registration certificate or licence for failure to pay the registration fee, or an instalment of the registration fee, or for failure to pay the licence fee, payable in respect of the registration period commencing in January 1993 or the prescribed period commencing in February 1993.(4) This clause does not apply in respect of any registration certificate or licence in respect of which proceedings challenging the validity of a cancellation under clause 19 or 20H of the Regulation were commenced in the Supreme Court before the Bill for the amending Act was introduced into Parliament.(5) The repeal of clauses 19 and 20H of the Regulation does not operate to revive a cancelled certificate of registration or licence.(6) Neither the Crown nor the Board incurs any liability (in particular, any liability to pay compensation) by reason of the operation of this clause or clauses 19 and 20H of the Regulation.
36 Grounds for complaint—late payment of fee
The amendments made to sections 17 and 108 by the amending Act do not apply in respect of the failure to pay an instalment of registration fee or a licence fee due before the commencement of the amendment.
37 Records and returns
Anything done or omitted to be done under or for the purposes of section 86 immediately before the commencement of section 87H is taken after that commencement to have been done or omitted under section 87H.
38 Continuation of existing regulations
(1) A regulation in force under a provision of this Act that is amended or substituted by the amending Act and which could be made under that provision (as so amended or substituted) continues in force and is taken to have been made under that provision as so amended or substituted.(2) Subclause (1) does not apply to a regulation repealed by section 4 of the amending Act and does not apply to prevent the subsequent amendment or repeal of a regulation continued in force by subclause (1).
Part 5 Provisions relating to enactment of Registered Clubs (Management) Amendment Act 1993
39 Existing disqualifications remitted to Licensing Court for redetermination
(1) On the commencement of the Registered Clubs (Management) Amendment Act 1993, any matter determined under section 17 that resulted in the disqualification of a registered club under section 17 (2) (b) (being a disqualification in force immediately before that commencement or that is not operative because the decision of the Licensing Court is subject to an appeal) is by this clause remitted to the Licensing Court for redetermination.(2) Until that redetermination takes place, the decision of the Licensing Court on the matter is for the purposes of section 16 (Duration of certificate of registration) taken to be subject to an appeal that has not been finally disposed of.
40 Certain amendments apply to existing matters and matters remitted for redetermination
The following amendments made by the Registered Clubs (Management) Amendment Act 1993 extend to any matter pending before the Licensing Court at the commencement of that Act and also extend to any matter heard and determined by the Licensing Court before that commencement that as a result of any appeal or the operation of clause 39 is remitted to the Licensing Court for redetermination:(a) the amendments with respect to the disqualification of a registered club from holding a certificate of registration (namely the amendments made by Schedule 1 (1), (2) (a), (c) and (f) and (4) to that Act),(b) the amendments with respect to the power of the Licensing Court to make a declaration that a person is ineligible to stand for election or to be appointed to, or to hold office in, the position of secretary or member of the governing body of a registered club or registered clubs (namely the amendments made by Schedule 1 (2) (b) and (e) and (3) to that Act).
41 Penalty increase does not apply to existing matters and matters remitted for redetermination
The increased maximum penalty effected by Schedule 1 (2) (d) to the Registered Clubs (Management) Amendment Act 1993 does not apply in relation to anything done or omitted to be done before the commencement of the amendment or in relation to complaints made before the commencement of the amendment. This clause does not affect the generality of section 55 of the Interpretation Act 1987.
42 1989 amendment extends to pending and remitted matters
(1) The amendment made to section 17 (2) by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 3) 1989 extends to any matter pending before the Licensing Court at the commencement of this clause and also extends to any matter heard and determined by the Licensing Court before that commencement that as a result of any appeal or the operation of clause 39 is remitted to the Licensing Court for redetermination, even if the matter relates to a complaint made before the commencement of that amendment.(2) The amendment referred to in this clause enabled the Licensing Court to take any one or more of the actions specified in section 17 (2) when hearing and determining a complaint about a registered club (prior to the amendment it was limited to any one of those actions).(3) This clause applies despite the transitional provision enacted by the Statute Law (Miscellaneous Provisions) Act (No 3) 1989 in respect of the amendment.
43, 44 (Repealed)
45 Freight charges to brewers’ regional depots
Section 4AA applies for the purposes of the licensing period commencing on 16 January 1995 and subsequent licensing periods and for that purpose extends to apply in respect of sales of liquor occurring before the commencement of that section.
46 Function authorities
Section 23 (as in force immediately before its substitution by the Registered Clubs (Amendment) Act 1994) continues to apply to an authority issued and in force under that section before its substitution.
47 Stay of decision on appeal
Section 42B (3) does not apply to an appeal lodged before the commencement of that subsection.
48 Penalty notices
Section 57A (Infringement notices for minors) continues to apply despite its repeal in respect of a penalty notice issued under that section before its repeal.
49 3 year amnesty for existing advertising
The amendments made by Schedule 1 (4) to the Registered Clubs (Amendment) Act 1994 do not apply to any visible promotional or advertising matter first displayed before the commencement of that section, until the promotional or advertising matter is replaced or its form or contents are changed or until the day that is 3 years after the commencement of the amendments (whichever is the earlier).
50 Definition
In this Part:1994 Further Amendment means the Registered Clubs (Further Amendment) Act 1994.
51 Abolition of registration fee on low alcohol liquor
(1) The amendments made by Schedule 1 (1), (3) and (6) to the 1994 Further Amendment apply for the purposes of the determination and payment of any registration fee payable in respect of the 1995 registration period and subsequent registration periods, and do not apply to any registration fee payable in respect of a registration period prior to the 1995 registration period.(2) For the purposes of the operation of this Act in relation to the registration fee payable by a registered club in respect of the 1995 registration period:(a) it is to be presumed that none of the amount paid or payable for liquor on which the calculation of that registration fee is based comprised an amount paid or payable for low alcohol liquor, except as provided by paragraph (b), and(b) if the club satisfies the Secretary of the Board or the Board, in relation to an assessment or reassessment of that registration fee, that a particular amount was paid or payable for low alcohol liquor, the fee to be paid by the club is to be determined having regard to the amount paid or payable for low alcohol liquor.(3) In this clause:low alcohol liquor does not include low alcohol liquor that is beer.1995 registration period means the registration period commencing on 16 January 1995.
52 Complaints against clubs
(1) The amendment made by the 1994 Further Amendment to section 17 (1AA) does not apply to a complaint against a registered club made before the commencement of the amendment.(2) The amendment made by the 1994 Further Amendment to section 17 (2) extends to apply to a complaint against a registered club made but not finally determined before the commencement of the amendment.(3) The amendment made by the 1994 Further Amendment to section 17AA does not apply to a complaint against a registered club made before the commencement of the amendment.
53 Breath analysis equipment
Section 68 (Breath analysis equipment) does not apply to a test by means of a breath analysing instrument that was taken before the commencement of that section, or to the results of such a test.
54 Secrecy
The amendment made to section 72C (Secrecy) by the 1994 Further Amendment extends to apply to information acquired before the commencement of the amendment.
55 Complaints against gaming-related licensees
The amendment made by the 1994 Further Amendment to section 109 extends to apply to a complaint against a licensee made but not finally determined before the commencement of the amendment.
56 Service of summonses
The amendments made by Schedule 1 (16) and (20) to the 1994 Further Amendment do not apply to a summons issued before the commencement of those amendments.
57 Records for low alcohol liquor
Section 27B (Keeping of records concerning low alcohol liquor) does not apply to require the keeping of records of amounts paid or payable in respect of low alcohol liquor (other than beer) before the commencement of the amendments made to that section by the 1994 Further Amendment.
58 Complaint as to quiet and good order of neighbourhood
A complaint duly made to the Board under section 17AA before the amendment of that section by the Registered Clubs Amendment Act 1995 is taken to have been made in accordance with that section as so amended.
59 References to former key officials
Sections 59B (7) and 59D (6), as inserted by the Registered Clubs Amendment Act 1995, are taken to have commenced on the commencement of sections 59B and 59D respectively.
The repeal of clauses 43 and 44 by the Registered Clubs Amendment Act 1995 does not affect the continuing operation of the Registered Clubs (Transitional) Regulation 1994. That Regulation, as in force immediately before that repeal, continues in force under clause 1A and may be repealed or amended under that clause.
61 Brewery regional depot freight charges
The amendments made to section 4AA (Freight costs to brewers’ regional depots not included in price of beer) by the Liquor and Registered Clubs Legislation Amendment Act 1996 do not apply for the purposes of a registration period before the registration period commencing on 16 January 1997.
62 Effect of amendments on pending applications
An amendment made by the Liquor and Registered Clubs Legislation Amendment Act 1996 does not apply to an application pending under this Act at the commencement of the amendment.
63 Authorisation for use of premises by minors
A functions authority in force immediately before the commencement of Schedule 2 [8] to the Liquor and Registered Clubs Legislation Amendment (Minors’ Entertainment) Act 1996:(a) ceases to have effect at the end of the period of 12 months from that commencement unless sooner cancelled or a replacement functions authority is granted, and(b) is, during that 12-month period, subject only to the conditions which applied to it immediately before that commencement, unless those conditions are varied or revoked in accordance with this Act or new conditions are imposed by the Licensing Court in complaint proceedings under this Act.
64 References to local council
(1) A reference in section 22A (9) (a) or 23AA (3) (a) to a person authorised by the council of the area under the Local Government Act 1993 within the boundaries of which the premises of the club are situated is to be read as a reference to a person authorised by the local consent authority in relation to the premises of the club.(2) This clause operates:(a) on and from the commencement of section 23AA if Schedule 2 [3] to the Liquor and Registered Clubs Legislation Amendment Act 1996 has commenced before the commencement of section 23AA (3), or(b) on and from the commencement of Schedule 2 [3] to the Liquor and Registered Clubs Legislation Amendment Act 1996 if that item commences on or after the commencement of section 23AA (3).
65 Procedure before court
The repeal of section 17 (3B) by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply in respect of any proceedings on a complaint under section 17 which commenced to be heard by the Licensing Court before that repeal.
66 Effect of amendments on pending proceedings
(1) An amendment made to section 17 by Schedule 2 [4], [5] or [6] of the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply in respect of any proceedings relating to the matter of a complaint under section 17 (1) that commenced to be heard by the Licensing Court before that amendment commenced.(2) An amendment made to section 109 by Schedule 2 [56], [57] or [59] of the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply in respect of any proceedings relating to the matter of a complaint under section 108 that commenced to be heard by the Licensing Court before that amendment commenced.(3) An amendment made to section 17, 26, 33, 35, 99 or 109 by Schedule 2 [7], [10], [12], [14], [43] or [60] of the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 applies to proceedings before the Licensing Court whether or not those proceedings were commenced before or after the commencement of the amendment.(4) An amendment made to section 44A by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply to proceedings for an offence alleged to have been committed before the commencement of the amendment.(5) Section 66A does not apply to proceedings for an offence alleged to have been committed before the commencement of that section.(6) An amendment made to a provision of this Act by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 that changes the onus of proof in relation to a matter does not apply to proceedings commenced before that amendment commenced.
67 Complaints relating to close associates
A complaint may not be made in relation to a person who is a close associate of a registered club on a ground specified in section 108 (2A) (b) in respect of conduct that occurred before the commencement of that provision.
68 Increase in time limit for taking proceedings for certain offences
The amendment made to section 65 by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 extends to apply in respect of an act or omission giving rise to proceedings for an offence referred to in the Table to that section that occurred within 12 months before that amendment commenced.
69 Application of penalty powers
Section 65A does not apply to offences committed before the commencement of that section.
70 Effect of amendments on pending applications
An amendment made by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply to an application pending under this Act at the commencement of the amendment.
71 Definitions
In this Part:ad valorem registration fee means a fee, calculated as a proportion of the amount paid or payable for any liquor, in respect of a certificate of registration.amending Act means the Liquor and Registered Clubs Legislation Amendment Act 1997.
72 Records
Records that, immediately before the repeal by the amending Act of sections 27A and 27B, were required to be kept under those sections must be retained until a date prescribed by the regulations.
73 Abolition of ad valorem registration fees
(1) Nothing in this Act is to be construed as requiring or having required the payment, assessment or collection of the whole or part of any ad valorem registration fee after 6 August 1997.(2) It is not the duty of the Board to reassess any registration fee in pursuance of an application for reassessment made after 6 August 1997 (whether made before or after the commencement of this clause).(3) Nothing in this clause affects:(a) the suspension or cancellation of registration, orat any time after 6 August 1997 on account of a failure to pay, or to pay in due time, a fee or any portion of a fee that was payable before that date.(b) the imposition or collection of any penalty,
74 Duty on poker machines—instalment for the quarter ending 28 February 1998
(1) This clause applies to the payment of an instalment of duty on profits derived from approved gaming devices kept by a registered club in the period commencing on 1 December 1997 and ending on 28 February 1998 (the relevant instalment period), and so applies to the exclusion of section 87A (4A) and (4B).(2) Unless section 87A (3) or (4) applies to the relevant instalment period, the instalment payable in respect of that period is the sum of the amounts payable under subclauses (3)–(6).(3) If the profits from all approved gaming devices kept by a registered club in the period commencing on 1 December 1997 and ending on 31 January 1998 exceed $33,333 but do not exceed $416,667, the amount payable under this subclause is:(a) the sum of $167, and(b) an amount equal to 22.5% of the amount by which the profits exceed $33,333 but do not exceed $416,667.(4) If the profits from all approved gaming devices kept by a registered club in the period referred to in subclause (3) exceed $416,667, the amount payable under this subclause is:(a) the sum of $86,417, and(b) an amount equal to 24.75% of the amount by which the profits exceed $416,667.(5) If the profits from all approved gaming devices kept by a registered club in the month of February 1998 exceed $16,667 but do not exceed $83,333, the amount payable under this subclause is:(a) the sum of $83, and(b) an amount equal to 22.5% of the amount by which the profits exceed $16,667 but do not exceed $83,333.(6) If the profits from all approved gaming devices kept by a registered club in the month of February 1998 exceed $83,333, the amount payable under this subclause is:(a) the sum of $15,083, and(b) an amount equal to 30% of the amount by which the profits exceed $83,333.
75 Effect of amending Act on pending applications
The amendments made to sections 18, 19, 19A and 33 by the amending Act do not apply to an application that was pending under this Act when those amendments took effect.
76 Definitions
In this Part:amending Act means the Liquor and Registered Clubs Legislation Amendment (Community Partnership) Act 1998.relevant instalment period means the period commencing on 1 December 1997 and ending on 28 February 1998.transitional year means the duty period commencing on 1 December 1997.
77 Duty on profits derived from approved gaming devices (other than multi-terminal gaming machines) during the relevant instalment period
(1) This clause applies to determine the duty payable on profits derived from approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period, and so applies to the exclusion of section 87, whether as in force before its repeal by the amending Act or as inserted by that Act.(2) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period do not exceed $25,000, no duty is payable on the profits.(3) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $25,000 but do not exceed $50,000, duty is payable on so much of the profits as exceeds $25,000 but does not exceed $50,000 at the rate of 1%.(4) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $50,000 but do not exceed $250,000, the duty payable on those profits is:(a) the sum of $250, and(b) an amount equal to 21.72% of the amount by which the profits exceed $50,000 but do not exceed $250,000.(5) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $250,000 but do not exceed $625,000, the duty payable on those profits is:(a) the sum of $43,690, and(b) an amount equal to 23.67% of the amount by which the profits so derived exceed $250,000 but do not exceed $625,000.(6) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $625,000, the duty payable on those profits is:(a) the sum of $132,453, and(b) an amount equal to 25.22% of the amount by which the profits so derived exceed $625,000.(7) This clause has effect subject to clause 80.
78 Duty on profits derived from multi-terminal gaming machines during the relevant instalment period
(1) This clause applies to determine the duty payable on profits derived from multi-terminal gaming machines kept on the premises of a registered club during the relevant instalment period, and so applies to the exclusion of section 87AA, as in force immediately before its repeal by the amending Act.(2) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period do not exceed $25,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 20.67%.(3) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period exceed $25,000 but do not exceed $50,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 20.98%.(4) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period exceed $50,000 but do not exceed $250,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 26.89%.(5) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period exceed $250,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 28.83%.(6) This clause has effect subject to clause 80.
79 Duty on profits derived from approved gaming devices during the last three quarters of the duty period commencing on 1 December 1997
(1) This clause applies to determine the duty payable on profits derived from approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998, and so applies to the exclusion of section 87.(2) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 do not exceed $75,000, no duty is payable on the profits.(3) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 exceed $75,000 but do not exceed $150,000, duty is payable on so much of the profits as exceeds $75,000 at the rate of 1%.(4) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 exceed $150,000 but do not exceed $750,000, duty is payable:(a) in the sum of $750, and(b) on so much of the profits as exceeds $150,000 but does not exceed $750,000—at the rate of 20%.(5) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 exceed $750,000, duty is payable:(a) in the sum of $120,750, and(b) on so much of the profits as exceeds $750,000—at the rate of 26.25%.(6) This clause has effect subject to clause 80.
80 Expenditure on community support
(1) This clause applies to provide for a reduction in the amount of duty payable on profits derived from approved gaming devices kept on the premises of a registered club during the transitional year, and so applies to the exclusion of section 87F, as in force immediately before its repeal by the amending Act, and section 87 (5)–(7), as inserted by that Act.(2) Regulations made in accordance with clause 1A may make provision for or with respect to the application (with or without modification) of the provisions of section 87F, as in force immediately before its repeal by the amending Act, in respect of duty payable on profits derived by a registered club in the months of December 1997 and January 1998.(3) If the Board is satisfied, on such evidence as it may require, that a proportion of so much of the profits derived from approved gaming devices kept by a club during the transitional year as exceed $1,000,000 has been applied during that period to community development and support (as defined in guidelines published under section 87), the duty that would otherwise be payable under clauses 77–79 in respect of so much of those profits as exceed $1,000,000 is by this clause reduced by an amount equal to the amount so applied, except as provided by subclause (4).(4) The amount by which duty is reduced by subclause (3) cannot exceed an amount equal to 1.25% of so much of the club’s dutiable profits, derived as referred to in that subclause, as exceed $1,000,000.
81 Special adjustment
An amount paid by a registered club in accordance with clause 74, to the extent that it exceeds the duty payable (as calculated in accordance with this Part of this Schedule) for the relevant instalment period, is to be credited to the club concerned in the accounts of the Board.
82 Manner of making adjustments generally
Section 87B, as inserted by the amending Act, is taken to have applied in respect of the relevant instalment period as well as to any subsequent period, and no failure to comply with the provisions of section 87B, as in force immediately before its repeal by that Act, in relation to that instalment period renders the Board, any member of the Board or any other person liable to any action, claim, suit or demand.
83 Trade practices exemption
Section 76A applies to a local liquor accord entered into before or after the commencement of that section.
84 Introduction of GST—instalment period commencing on 1 June 2000
(1) This clause applies to determine the duty payable on profits derived from approved gaming devices kept on the premises of a registered club during the instalment period commencing on 1 June 2000.(2) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies do not exceed $25,000, no duty is payable on the profits.(3) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies exceed $25,000 but do not exceed $50,000, duty is payable on so much of the profits as exceeds $25,000 but do not exceed $50,000, at the rate of 0.33%.(4) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies exceed $50,000 but do not exceed $250,000, duty is payable:(a) in the sum of $82.50, and(b) on so much of the profits as exceed $50,000 but do not exceed $250,000, at the rate of 13.87%.(5) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies exceed $250,000, duty is payable:(a) in the sum of $27,822.50, and(b) on so much of the profits as exceed $250,000, at the rate of 18.62%.
85 Definition
In this Part, amending Act means the Liquor and Registered Clubs Legislation Amendment Act 2001.
86 Applications for conditional grant of licence
Section 18, as amended by the amending Act, extends to an application under that section that was lodged before the amendment took effect.
87 Appeals against decisions of Licensing Court
The amendments made by the amending Act to section 42B do not apply in respect of a decision of the Licensing Court that was made before the amendments took effect.
sch 2: Am 1985 No 71, Sch 1 (16); 1990 No 43, Sch 1 (8); 1993 No 29, Sch 5 (34); 1993 No 56, Sch 1 (10); 1993 No 57, Sch 1 (5); 1993 No 108, Sch 2; 1994 No 43, Sch 1 (31); 1994 No 50, Sch 1 (24); 1995 No 37, Sch 1 [12]–[15]; 1996 No 41, Sch 2 [37]; 1996 No 42, Sch 2 [62] [63]; 1996 No 43, Sch 2 [13] [14]; 1996 No 103, Sch 2 [11]; 1997 No 44, Sch 3 [12]; 1997 No 73, Sch 2 [8]; 1997 No 155, Sch 5 [30] [31]; 1998 No 12, Sch 3 [17] [18]; 1998 No 54, Sch 3.3 [1] [2]; 1998 No 151, Sch 2 [3]–[6]; 1999 No 27, Sch 2 [15] [16]; 2000 No 44, Sch 8 [8] [9]; 2000 No 62, Sch 2 [19]; 2001 No 73, Sch 2 [8] [9].
Schedule 3 Transferred clubs
(Section 133)
Part 1 Registration
1 Definitions
In this Schedule:appointed day means the day on which Part 10 commences.transferred club means a club that, immediately before the appointed day, was registered under Division 4 of Part 3A of the Gaming and Betting Act 1912.
2 Transferred club to be registered club
(1) Except for the purposes of the Liquor Act 1982, the certificate of registration of a transferred club under Division 4 of Part 3A of the Gaming and Betting Act 1912 shall be deemed to be a certificate of registration under this Act.(2) Subclause (1) does not operate to prevent a transferred club from applying for registration under this Act as if that subclause had not been enacted and, where such an application is made by a club and granted, subclause (1) ceases to apply to the club.(3) For any purpose related to the time for which a club has been registered under this Act, a transferred club shall be deemed to have been so registered since the time of its registration under Division 4 of Part 3A of the Gaming and Betting Act 1912, whether the registration under this Act is conferred by subclause (1) or obtained as referred to in subclause (2).
Part 2 Regulations
3 Modification of application of Act
(1) The Governor may make regulations containing provisions amending Part 1 and having the effect of modifying the application of this Act (clause 2 excepted) in relation to transferred clubs.(2) The Governor may make regulations containing other provisions of a savings or transitional nature consequential upon the enactment of Part 1.(3) A provision made under subclause (1) or (2) may be made with effect on and from the appointed day or a later date.(4) To the extent that a provision made under subclause (1) or (2) takes effect on and from a day that is earlier than its publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before that day of publication, or(b) to impose a liability on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before that day of publication.
sch 3: Ins 1986 No 78, Sch 1 (5).
Schedule 4 Rules for election to governing body for term of 3 years
(Section 30)
1 Definitions
In this Schedule:general meeting means a meeting of the members of the club at which members of the governing body are to be elected.triennial rule means the rule of the club that provides for the election of members of the governing body in accordance with this Schedule.year means the period between successive general meetings.
2 (Repealed)
3 First general meeting under triennial rule
(1) The members elected to the governing body at the first general meeting at which the triennial rule applies shall be divided into 3 groups.(2) The groups:(a) shall be determined by drawing lots, and(b) shall be as nearly as practicable equal in number, and(c) shall be designated as group 1, group 2 and group 3.(3) Unless otherwise disqualified, the members of the governing body:(a) in group 1 shall hold office for 1 year, and(b) in group 2 shall hold office for 2 years, and(c) in group 3 shall hold office for 3 years.
4 Subsequent general meetings
At each general meeting held while the triennial rule is in force (other than the first such meeting) the number of the members required to fill vacancies on the governing body shall be elected and shall, unless otherwise disqualified, hold office for 3 years.
5 Casual vacancies
(1) A person who fills a casual vacancy in the office of a member of the governing body elected in accordance with this Schedule shall, unless otherwise disqualified, hold office until the next succeeding general meeting.(2) The vacancy caused at a general meeting by a person ceasing to hold office under subclause (1) shall be filled by election at the general meeting and the person elected shall, unless otherwise disqualified, hold office for the residue of the term of office of the person who caused the casual vacancy initially filled by the person who ceased to hold office at the general meeting.
6 Re-election
A person whose term of office as a member of the governing body under the triennial rule expires is not for that reason ineligible for election for a further term.
7 Revocation of triennial rule
If the triennial rule is revoked:(a) at a general meeting—all the members of the governing body cease to hold office, orand an election shall be held at the meeting to elect the members of the governing body.(b) at a meeting other than a general meeting—all the members of the governing body cease to hold office at the next succeeding general meeting,
sch 4: Ins 1986 No 155, Sch 2 (2). Am 1988 No 93, Sch 5 (6).