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be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.(3) (Repealed)s 2: Am 1982 No 149, Sch 1 (2).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3A (Repealed)
s 3A: Ins 1999 No 49, Sch 6 [2]. Rep 2001 No 127, Sch 3 [1].
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.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 gaming machine has the same meaning as in the Gaming Machines Act 2001.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.has the same meaning as in the Search Warrants Act 1985.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.certificate of registration means a certificate of registration under Part 2.Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996.close associate has the meaning given by section 4A.Director means the Director of Liquor and Gaming appointed as provided by the Liquor Act 1982.employ includes engage under a contract for services.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.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.hotel has the same meaning as in the Liquor Act 1982.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.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.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).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,special inspector means an inspector (including the Director) holding office under section 109 of the Liquor Act 1982.sporting activities includes athletics.temporary member, in relation to a club, means a person who, under the rules of that club, is a temporary member of that club.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]; 2001 No 72, Sch 4 [1]; 2001 No 121, Sch 2.178 [1]; 2001 No 127, Sch 3 [2] [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) (Repealed)(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]; 2001 No 127, Sch 3 [4].
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) with which the club is required to comply.(1AA) It is a condition of the certificate of registration of a club that the club must not:(a) hold a hotelier’s licence under the Liquor Act 1982, or(b) acquire any financial interest in respect of a hotel.(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) (Repealed)(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) (Repealed)(4) The Board may revoke or vary a condition referred to in subsection (3A) on the application of the Principal Registrar, the Director or the Commissioner of Police or the club.(5) (Repealed)(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 an approved gaming machine in accordance with the Gaming Machines Act 2001.(5B) (Repealed)(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]; 2001 No 127, Sch 3 [5]–[9].
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 is not entitled to receive, either directly or indirectly, any payment calculated by reference to:(i) the quantity of liquor purchased, supplied, sold or disposed of by the club or the receipts of the club for any liquor supplied or disposed of by the club, or(ii) the keeping or operation of approved gaming machines in the club.(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.(m) The club must comply with any requirements imposed on the club by Part 4A.(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 dealer’s licence, seller’s licence or adviser’s licence (within the meaning of the Gaming Machines Act 2001) in the normal course of a sale of an approved gaming machine on the licensee’s premises, or at a display of an approved gaming 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]; 2001 No 127, Sch 3 [10]–[13]; 2002 No 102, Sch 2 [1]–[3]; 2003 No 93, Sch 1 [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) (Repealed)(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]; 2001 No 127, Sch 3 [14].
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 Provisions relating to club amalgamations
pt 2, div 1A: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AB Operation of this Division
The provisions of this Division are to be construed with, and as if they formed part of, section 17A.ss 17AB–17AF: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AC Definitions
(1) In this Division:dissolved club, in relation to the amalgamation or proposed amalgamation of 2 or more registered clubs, means any club that, as a result of the amalgamation, is or would be dissolved.main premises of a parent club means the premises that are, in the opinion of the Board, the main premises of the club.metropolitan area means any of the following areas as determined by the Australian Bureau of Statistics:(a) the Sydney Statistical Division,(b) the Statistical Local Areas of Newcastle (Statistical Local Areas 5901 and 5902),(c) the Statistical Local Area of Lake Macquarie (Statistical Local Area 4650),(d) the Statistical Local Area of Wollongong (Statistical Local Area 8450).parent club, in relation to the amalgamation or proposed amalgamation of 2 or more registered clubs, means the club that, as the result of the amalgamation, is or would become the amalgamated club.same area, in relation to the amalgamation or proposed amalgamation of 2 or more registered clubs, means:(a) if the main premises of the parent club are situated in a metropolitan area—the area within 1 kilometre of the main premises of the parent club, or(b) if the main premises of the parent club are not situated in a metropolitan area—the area within 50 kilometres of the main premises of the parent club.(2) Before the Licensing Court approves the amalgamation of 2 or more registered clubs, the parent club must, under its rules, establish the members of the dissolved club as a separate class of members. Such members are to be identified by the parent club as, and are referred to this Division as, the members of the dissolved club.ss 17AB–17AF: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AD Deed of amalgamation
(1) The Licensing Court may not approve the amalgamation of 2 or more registered clubs unless the Court is satisfied that the clubs have entered into a deed of amalgamation with respect to the proposed amalgamation.(2) Subject to the regulations, the following matters are to be included in a deed of amalgamation:(a) the outcome that each club expects from the amalgamation,(b) the terms and conditions of the amalgamation,(c) the kind of amalgamation to be effected as referred to in section 17A (1),(d) the manner in which the identity of the dissolved club is to be continued by the parent club,(e) the manner in which support for the local community provided by the dissolved club is to be maintained by the parent club,(f) a list of the major assets of the dissolved club,(g) the assigning of responsibility for the debts and liabilities of the dissolved club,(h) the terms under which the administration of the business of the dissolved club is to be transferred to the parent club, including the transferring of the assets and records of the dissolved club (or any other information or material that is reasonably required by the parent club for the administration of the business),(i) the number of premises to be maintained by the parent club,(j) the extent to which the management and staff of the dissolved club are to be retained by the parent club,(k) the management structure of the parent club,(l) the number of members, and the classes of membership, of the dissolved club and of the parent club,(m) the admission to membership of the parent club of the members of the dissolved club,(n) the payment of any costs arising out of the execution of the deed,(o) the resolution of disputes arising under the deed,(p) the variation and termination of the deed,(q) such other matters as may be specified in the regulations.(3) The Licensing Court may not approve the amalgamation of 2 or more registered clubs unless the Court is satisfied that a copy of the deed of amalgamation has been publicly exhibited at the premises of each club that is a party to the proposed amalgamation for at least 14 days before the date of the hearing of the application under section 17A in relation to the amalgamation.ss 17AB–17AF: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AE Club members to be notified of proposed amalgamation
(1) The Licensing Court may not approve the amalgamation of 2 or more registered clubs unless the Court is satisfied that the requirements of this section have been complied with in relation to the proposed amalgamation.(2) A registered club that is a party to a proposed amalgamation must, in accordance with the regulations, notify its members of the proposed amalgamation.(3) Subject to the regulations, the notice to the members is to contain the following information:(a) a summary of the way in which the proposed amalgamation is likely to be effected,(b) whether the amalgamation is supported by the directors of both the parent club and the dissolved club and, if any directors do not support the amalgamation, a brief statement of the reasons why it is not supported,(c) the alternatives (if any) to amalgamation that have been considered by the directors of the clubs involved,(d) the primary objects and principal activities of the dissolved club and the way in which those objects and activities are to be maintained by the parent club,(e) the major assets (including cash) of the dissolved club and what is to happen to those assets if the amalgamation proceeds (including any undertakings on the part of the parent club in relation to those assets),(f) any significant items of memorabilia that belong to the dissolved club (as identified by the directors of the dissolved club) and the uses that are proposed for such items after the amalgamation,(g) the number of members, and the classes of membership, of the dissolved club and of the parent club,(h) the steps that are proposed to be taken in relation to admitting the members of the dissolved club as members of the parent club,(i) an estimate of the effect of the proposed amalgamation on the parent club’s budget, along with an analysis of its projected cash flow and profitability in the current financial year and for the 2 financial years following the proposed amalgamation,(j) such other information as may be required by the regulations.(4) The notice to the members must also contain the following:(a) a statement indicating that the following information is available on the notice board of each of the registered clubs that is a party to the proposed amalgamation:(i) a copy of the most recent published accounts of each of those clubs,(ii) a copy of the constitution or rules of each of those clubs,(b) a statement to the effect that a written objection to the granting of an application in respect of the proposed amalgamation may be taken in accordance with sections 25 (2) and 26,(c) a statement to the effect that the form of the proposed amalgamation is a matter to be agreed on by the directors of the parent club and the dissolved club.ss 17AB–17AF: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AF General limit of 4 amalgamations per club
(1) A registered club (including a club that has already been formed by, or continued as the result of, an amalgamation) may amalgamate with a total of no more than 4 other registered clubs over any period of time.(2) However, the Licensing Court may, subject to this Division, approve an amalgamation that would result in a registered club amalgamating with a total of more than 4 clubs if the Court is satisfied that a commitment to the amalgamation was made before 26 July 2001.(3) Such a commitment is established if:(a) an application under section 17A in relation to the proposed amalgamation was made before 26 July 2001, or(b) the Licensing Court is satisfied that the members of the clubs proposing to amalgamate had voted, before that date, in support of the proposed amalgamation, or(c) the Court is satisfied that there is documentary evidence, made or prepared before that date, of an intention to amalgamate (such as a memorandum of understanding between the clubs proposing to amalgamate).(4) In calculating the number of amalgamations in respect of a registered club for the purposes of this section, any amalgamation by the club with another registered club in the same area is to be disregarded.(5) For the purposes of this section, the number of amalgamations in respect of a registered club over any period of time includes any amalgamations involving the club that were effected before the commencement of this Division.ss 17AB–17AF: Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AG Clubs that have already amalgamated with more than 4 other clubs
(1) In this section:special category club means a registered club that has, before the commencement of this Division, amalgamated with a total of more than 4 other registered clubs.(2) In calculating the number of amalgamations in respect of a registered club for the purposes of this section, any amalgamation by the club with another registered club in the same area is to be disregarded.(3) A special category club cannot, as from the commencement of this Division, amalgamate with another registered club.(4) However, the Licensing Court may, subject to this Division, approve an amalgamation that would result in a special category club amalgamating with another club if the Court is satisfied that a commitment to the amalgamation was made before 26 July 2001.(5) Such a commitment is established if:(a) an application under section 17A in relation to the proposed amalgamation was made before 26 July 2001, or(b) the Licensing Court is satisfied that the members of the clubs proposing to amalgamate had voted, before that date, in support of the proposed amalgamation, or(c) the Court is satisfied that there is documentary evidence, made or prepared before that date, of an intention to amalgamate (such as a memorandum of understanding between the clubs proposing to amalgamate).s 17AG: Ins 1993 No 56, Sch 1 (3). Am 1994 No 43, Sch 1 (24). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].
17AH Clubs allowed to amalgamate if situated in same area only
(1) 2 or more registered clubs may amalgamate only if the clubs to be amalgamated are situated in the same area.(2) However, if in relation to a proposed amalgamation, the Licensing Court is satisfied that the dissolved club:(a) is not able to amalgamate with another club in the same area, the Licensing Court may, subject to this Division, allow the dissolved club to amalgamate with another club that is not situated in the same area but which has similar objects and activities as the dissolved club, or(b) is not able to amalgamate with another club in the same area, or with another club having similar objects and activities as the dissolved club, the Licensing Court may, subject to this Division, allow the dissolved club to amalgamate with any other club.s 17AH: Ins 2001 No 127, Sch 3 [15]. Am 2002 No 102, Sch 2 [4].
17AI Major assets of dissolved club to be kept intact
(1) During the period of 3 years after the approval by the Licensing Court of the amalgamation of 2 or more registered clubs, the parent club must not dispose of any of the major assets of a dissolved club unless the disposal has been approved by the Board.Maximum penalty: 100 penalty units.(2) The Board may approve of the disposal of any of the major assets of the dissolved club only if the Board is satisfied that:(a) the disposal is necessary to ensure the financial viability of the parent club, and(b) a majority of the members of the dissolved club have approved of the disposal.(3) In this section:major assets of a dissolved club means the assets identified in a notice under section 17AE.s 17AI: Ins 2001 No 127, Sch 3 [15].
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.(1A) This section is subject to Division 1A of this Part.(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); 2001 No 127, Sch 3 [16].
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 machines 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]; 2001 No 127, Sch 3 [17].
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 machine 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]; 2001 No 127, Sch 3 [17].
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).(g) Any of the requirements under Division 1A of this Part have not been complied with in relation to the proposed amalgamation.(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 approved gaming 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]; 2001 No 127, Sch 3 [13] [18].
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 of the peace 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]; 2001 No 121, Sch 2.178 [2].
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 approved gaming machines on the premises of the club.(i) A register of persons who are full members of the club shall be kept in accordance with section 31.(j) A register of persons who are honorary members of the club 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 Racing New South Wales, or(b) a harness racing club registered by Harness Racing New South Wales, or(c) a greyhound racing club registered by Greyhound Racing New South Wales.(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 within the meaning of the Gaming Machines Act 2001.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]; 2001 No 127, Sch 3 [13] [19]; 2002 No 38, Sch 5.13; 2004 No 23, Sch 3.5.
31 Manner of keeping registers relating to members and guests
(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.(3) A register referred to in this section 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.s 31: Am 1978 No 68, Sch 8 (2); 1993 No 29, Sch 5 (14); 2001 No 127, Sch 3 [20].
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 90 and 93–95 of the Gaming Machines Act 2001 apply in relation to an application for appointment as secretary of a registered club in the same way as those sections apply to an application for a gaming-related licence under that Act.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]; 2001 No 127, Sch 3 [21].
33A Secretary of club prohibited from holding hotelier’s licence
(1) The person who is the secretary of a registered club must not:(a) hold a hotelier’s licence under the Liquor Act 1982, or(b) acquire any financial interest in respect of a hotel.Maximum penalty: 100 penalty units.(2) Subsection (1) does not apply to or in respect of a hotelier’s licence or a financial interest in a hotel granted to or acquired by the person concerned before the commencement of this section.s 33A: Ins 2001 No 127, Sch 3 [22]. Am 2002 No 18, Sch 2.4 [1].
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].
34A Appointment of managers
(1) A registered club that has more than one set of premises must appoint a different manager, approved by the Board under section 34C, for each set of premises of the club at which the secretary of the club is not in attendance.Maximum penalty: 50 penalty units.(2) Subsection (1) does not apply:(a) to premises of a registered club if the club has 2 sets of premises only and the premises concerned:(i) are within 10 kilometres of the other premises of the club in a case where the main premises of the club are situated in the metropolitan area (as defined in section 17AC (1)) or are within 50 kilometres of the other premises of the club in a case where the main premises of the club are not situated in the metropolitan area, or(ii) are staffed by less than 5 full-time employees, or(b) in such other circumstances as are prescribed by the regulations.(3) Despite subsection (1), a registered club may appoint a person to act as a manager of any premises of the club for the purposes of that subsection even though the person has not been approved by the Board if the club has applied to the Board for the approval of the person to be appointed manager and the appointment complies with the requirements of section 34B (1) (b) and (c).(4) A person’s authorisation to be appointed under subsection (3) to act as manager of a registered club expires on the determination by the Board of the relevant application for approval.ss 34A–34E: Ins 2003 No 93, Sch 1 [2].
34B Restrictions on who may be appointed as manager
(1) The following restrictions apply to the appointment of a manager of any premises of a registered club:(a) A person may not be appointed as the manager of premises unless the person is approved by the Board to manage the premises or premises of the class concerned.(b) Only a natural person may be appointed to manage the premises.(c) A person cannot be appointed as manager of the premises if at the time of the appointment he or she already holds an appointment as manager of premises of another registered club.(2) Subject to section 34A (3), an appointment in contravention of this section is void for the purposes of section 34A.ss 34A–34E: Ins 2003 No 93, Sch 1 [2].
34C Board approval of manager
(1) An application for the Board’s approval of a person to manage any premises of a registered club is to be made in the form approved by the Board.(2) The Board is not to give its approval unless it is satisfied that the person concerned:(a) is a fit and proper person to manage the premises, and(b) understands his or her responsibilities in relation to, and is capable of implementing, practices in place at the premises for ensuring the responsible sale, supply and service of liquor and the prevention of intoxication, and(c) understands his or her responsibilities under the Gaming Machines Act 2001 in relation to the conduct of gambling on the premises.(3) If the Board is satisfied on the information before it that there is nothing that might preclude it from giving its approval, but requires more information before making a final decision, the Board may give a provisional approval of the person to be such a manager.(4) A provisional approval is sufficient to authorise the appointment of the person, in accordance with section 34A, as manager of the premises concerned for a period specified by the Board. Any such appointment lapses, however, unless the Board confirms its approval within that period (or within such extension of that period as the Board may allow).(5) An approval or provisional approval may be given so as to apply in relation to particular premises, to all premises of a specified class or to all premises of all registered clubs, as the Board thinks fit.ss 34A–34E: Ins 2003 No 93, Sch 1 [2].
34D How appointments are made and revoked
(1) A registered club must give the Board notice of the appointment of a person as manager of any premises of the club.Maximum penalty: 20 penalty units.(2) The appointment of a manager is not in force until the registered club has given the Board notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5) (b).(3) The appointment of a manager is revoked by the registered club giving notice under this section of the appointment of a new manager or by the registered club or manager giving the Board notice of the manager’s ceasing to act as manager.(4) A notice of appointment of or of ceasing to act as manager may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.(5) A notice under this section:(a) must be completed in writing in the form approved by the Board, and(b) must be accompanied by a declaration in writing, in a form approved by the Board, of the person to be appointed as manager of the premises concerned:(i) signifying his or her acceptance of the appointment, and(ii) certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of liquor, and the prevention of intoxication, on the premises and the responsible conduct of gambling on the premises).(6) This section also applies to the appointment of a person to act as manager under section 34A (3).ss 34A–34E: Ins 2003 No 93, Sch 1 [2].
34E Responsibilities and liabilities of managers of premises of registered clubs
(1) A person appointed as manager of any premises of a registered club is responsible at all times for the personal supervision and management of the conduct of the business of the club at those premises in accordance with this Act and the Gaming Machines Act 2001, including ensuring that the following conditions are complied with:(a) any condition on the certificate of registration of the club in so far as it relates to those premises,(b) any condition on the registered club’s authorisation to keep or dispose of gaming machines under the Gaming Machines Act 2001.(2) If an element of an offence under a relevant management provision is an act or omission by a secretary of a registered club in relation to any premises of the club, a person who is manager of those premises is, while responsible under subsection (1), responsible in respect of the offence as though that person were also the secretary and is liable for the offence accordingly.(3) This section does not affect any liability of a secretary for a contravention by the secretary of a provision of this Act or the Gaming Machines Act 2001.(4) In sections 17, 33A, 35 and 35A, a reference to the secretary of a registered club or a person who was the secretary of a registered club includes a reference to a person appointed under section 34A as the manager (or to act as manager) of any premises of a registered club or a person who formerly held such a position, respectively.(5) In this section, relevant management provision means:(a) a provision of Part 6 (other than section 49) of this Act, or(b) a provision of Division 2, 3 or 4 of Part 4 of the Gaming Machines Act 2001, or(c) any other provision of either of those Acts, or the regulations made under those Acts, as is prescribed by the regulations for the purposes of this subsection.ss 34A–34E: Ins 2003 No 93, Sch 1 [2].
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 or whether a registered club or member of the governing body or employee of a registered club is complying with the provisions of Part 4A.(2) The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning a person who is the subject of an investigation under this section.(3) The Director may, by notice in writing, require a person who is the subject of an investigation under this section, or is a member of the governing body of or an employee of a registered club that is the subject of such an investigation, 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.(5) A person must not fail to comply with a requirement of the Director contained in a notice under subsection (3).Maximum penalty (subsection (5)): 20 penalty units.s 35A: Ins 1993 No 29, Sch 5 (18). Am 1996 No 42, Sch 2 [16]; 2003 No 93, Sch 1 [3]–[6].
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.
37A Lodgment of certain information
A registered club must, within 1 month after its annual general meeting, lodge with the Board a copy of the information referred to in section 10 (1) (m) that is required to be disclosed in the club’s annual report to its members.Maximum penalty: 10 penalty units.s 37A: Ins 2001 No 127, Sch 3 [23].
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, 39A (Repealed)
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]. Rep 2003 No 93, Sch 1 [7].
s 39A: Ins 2001 No 127, Sch 3 [24]. Am 2002 No 18, Sch 2.4 [2]. Rep 2003 No 93, Sch 1 [8].
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 4A Accountability of registered clubs
Division 1 Interpretation
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41B Definitions
(1) In this Part:close relative of a person means:(a) a parent, child, brother or sister of the person, or(b) a spouse of the person or of a person referred to in paragraph (a), or a person with whom the person or a person referred to in paragraph (a) has a de facto relationship (within the meaning of the Property (Relationships) Act 1984).contract includes commercial arrangement.gift includes money, hospitality or discounts.land of a registered club means any land owned or occupied by the club.top executive of a registered club means a person who is one of the five highest paid employees of the club at each separate premises of the club.(2) A reference in this Part to a matter being approved by the governing body of a registered club is a reference to the matter being approved at a meeting of the governing body of the registered club at which a majority of the votes cast supported the approval.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
Division 2 Disclosure of interests of members of governing body and employees of registered clubs
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41C Disclosure of interests in contracts
(1) A member of the governing body of a registered club (other than a co-operative) who has a material personal interest in a matter that relates to the affairs of the registered club must, as soon as practicable after the relevant facts have come to the member’s knowledge, declare the nature of the interest at a meeting of the governing body.Maximum penalty: 50 penalty units.(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that:(a) at the time of the alleged offence there were guidelines prescribed by the regulations and in force under section 41X, and(b) those guidelines included provisions to the effect that the material personal interest concerned was not of a type that was required to be declared under that subsection.(3) The provisions of sections 191 (2) and 192 of the Corporations Act 2001 of the Commonwealth apply to and in respect of a declaration under subsection (1) (with necessary modifications and as if those provisions were a law of this State) in the same way as they apply to and in respect of a notice under section 191 (1) of that Act.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41D Declaration of financial interests in hotels
(1) A member of the governing body of a registered club or top executive of a registered club who, on or after the commencement of this subsection, acquires a financial interest in respect of a hotel must give a written declaration of that interest to the secretary of the club within 14 days after acquiring the interest.Maximum penalty: 50 penalty units.(2) A person who, at the commencement of this subsection, is a member of the governing body of a registered club or top executive of a registered club and holds a financial interest in respect of a hotel must give a written declaration of that interest to the secretary of the club within 14 days after that commencement.Maximum penalty: 50 penalty units.(3) A person who becomes a member of the governing body of a registered club or top executive of a registered club after the commencement of this section and who, at the time of becoming a member of the governing body or top executive, holds a financial interest in respect of a hotel must give a written declaration of that interest to the secretary of the club within 14 days after becoming a member of the governing body or top executive.Maximum penalty: 50 penalty units.(4) Nothing in subsection (2) or (3) requires a person to declare an interest if the person has already declared the interest and the declaration has been recorded by the club.(5) This section does not apply to the secretary of a registered club or a person appointed as manager of any premises of a registered club under section 34A.Note—Section 33A prohibits a secretary of a registered club from holding a hotelier’s licence under the Liquor Act 1982 or acquiring any financial interest in respect of a hotel. Section 34E (4) applies section 33A to managers of registered clubs.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41E Disclosure of gifts from affiliated bodies
(1) A member of the governing body of a registered club or a top executive of a registered club must, in accordance with this section, declare any gift received by the member or top executive after the commencement of this section from an affiliated body if the value of the gift exceeds $500.Maximum penalty: 50 penalty units.(2) A declaration under this section in relation to a gift must:(a) be in a form approved by the Director, and(b) contain the particulars required by the form, and(c) be submitted to the secretary of the registered club concerned within 14 days of receipt of the gift.(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that he or she did not know, and could not reasonably be expected to have known, that the body from which the gift was received was an affiliated body.(4) In this section, a reference to a gift received from an affiliated body of a registered club is a reference to a gift received from a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth, or any other body, that within the period of 12 months immediately preceding the receipt of the gift obtained a grant or subsidy from the club.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41F Disclosure of gifts from persons or organisations with contracts with registered club
(1) A member of the governing body of a registered club or an employee of a registered club must submit a written return in each year to the club, in accordance with the regulations, declaring any gift received by the member or employee from a person or organisation that is a party to a contract with the club.Maximum penalty: 50 penalty units.(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that:(a) at the time of the alleged offence there were guidelines prescribed by the regulations and in force under section 41ZC, and(b) those guidelines included provisions to the effect that the gift concerned was not of a type that was required to be declared in a return under that subsection.(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that he or she did not know, and could not reasonably be expected to have known, that the person or organisation from whom or which the gift was received was a party to a contract with the registered club concerned.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
Division 3 Register of interests and reporting requirements of registered clubs
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41G Secretary to keep register
The secretary of a registered club must:(a) in accordance with the regulations (if any), keep a register of disclosures, declarations and returns made to the club under Division 2 (including a declaration recorded as referred to in section 41D (4)), and(b) provide a copy of the register to the Director each year and at other times on the written request of the Director, and(c) make the register available for inspection by a member of the club on the written request of the member.Maximum penalty: 100 penalty units.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41H Annual reporting requirements
(1) A registered club must, in accordance with the regulations, send to each of its members in written form the following information in relation to each financial year of the club ending after the commencement of this section:(a) disclosures, declarations and returns received by the club under Division 2 during the reporting period,(b) the number of top executives of the club (if any) whose total remuneration for the reporting period (comprising salary, allowances and other benefits) falls within each successive $10,000 band commencing at $100,000,(c) details (including the main purpose) of any overseas travel during the reporting period by a member of the governing body of the club or an employee of the club in the person’s capacity as a member of the governing body or employee, including the costs wholly or partly met by the club for the member of the governing body, employee and any other person connected with any such travel,(d) details of any loan made during the reporting period to an employee of the club if the amount of the loan (together with the amount of any other loan to the employee by the club that has not been repaid) is more than $1,000, including the amount of the loan and the interest rate, if any,(e) details of any contract approved during the reporting period under section 41M or of any controlled contract (within the meaning of section 41O) entered into by the club within the reporting period,(f) the name of any employee of the club who the registered club is aware is a close relative of a member of the governing body of the club or of a top executive of the club and the amount of the remuneration package paid to the employee,(g) details of any amount equal to or more than $30,000 paid by the club during the reporting period to a particular consultant, including the name of the consultant and the nature of the services provided by the consultant,(h) the total amount paid by the club during the reporting period to consultants other than amounts required to be included in the report under paragraph (g),(i) details of any settlement made during the reporting period with a member of the governing body of the club or an employee of the club as a result of a legal dispute and the amount of any associated legal fees incurred by the member or employee that were or are to be paid by the club, unless the disclosure of such information would be in breach of any confidentiality provision agreed to by the club,(j) details of any legal fees (not referred to in paragraph (i)) paid by the club on behalf of a member of the governing body of the club or an employee of the club,(k) the total amount of the profits (within the meaning of the Gaming Machine Tax Act 2001) from the operation of approved gaming machines in the club during the period of 12 months ending on 30 November in the year to which the report relates (the gaming machine tax period),(l) the amount applied by the club during the gaming machine tax period to community development and support under Part 4 of the Gaming Machine Tax Act 2001.(2) For the purposes of subsection (1) (f), a registered club is to make all reasonable inquiries to ascertain the name of any employee of the club who is a close relative of a member of the governing body of the club or of a top executive of the club.(3) In this section, reporting period means the relevant financial year of the registered club in relation to which the information is provided.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41I Exhibition on premises of registered club of certain disclosures
(1) If a declaration is made at a meeting of the governing body of a registered club under section 234 (1) of the Co-operatives Act 1992 or section 41C of this Act, the registered club must cause particulars of the declaration (including the name of the member of the governing body who made the declaration and the nature of the interest declared):(a) to be exhibited in a conspicuous position on the premises of the club within 48 hours after the declaration is made, and(b) to be so exhibited for a continuous period of not less than 14 days.(2) A registered club must, within 1 month after its annual general meeting (the latest meeting), lodge with the secretary of the Board a copy of all particulars required to be exhibited in accordance with subsection (1) during the period commencing on the day of the annual general meeting of the club that last preceded the latest meeting and ending on the day of the latest meeting.Maximum penalty: 10 penalty units.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
Division 4 Contracts with registered club
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41J Disposal of land of registered club
(1) A registered club must not dispose of any land of the club unless:(a) the disposal has first been approved at a general meeting of the ordinary members of the club at which a majority of the votes cast supported the approval, and(b) the disposal is by way of public auction or open tender conducted by an independent real estate agent or auctioneer (subject to the requirements of any other Act or law), and(c) in the case of a sale of land, the club has first obtained a valuation of the land from an independent registered real estate valuer within the meaning of the Valuers Registration Act 1975.(2) In this section, disposal of land by a registered club includes:(a) the granting by the club of a lease or licence of the land, or an easement over the land, for a period of more than 3 years (including any option to renew), or(b) the granting by the club of an option to buy the land, or(c) the termination by the club of a lease or licence held over land by the club or the granting by the club of a sublease or sublicence over land.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41K Contracts in which member of governing body or top executive has interest
(1) A registered club must not enter into a contract with a member of the governing body of the club or a top executive, or with a company or other body in which such a member or top executive has a pecuniary interest, unless the proposed contract is first approved by the governing body of the club.(2) Subsection (1) does not apply to a pecuniary interest if there are guidelines prescribed by the regulations and in force under section 41ZC at the time the relevant contract is entered into that include provisions to the effect that pecuniary interests of the type concerned are not pecuniary interests to which that subsection applies.(3) Before entering into a contract, a registered club must make all reasonable inquiries to ensure that the provisions of subsection (1) are not contravened.(4) When making any such inquiries as to whether a party to the proposed contract is or is not a person, company or body referred to in subsection (1), a registered club is entitled to rely on a statutory declaration from the party to the proposed contract (or, in the case of a company or other body that is a party to the proposed contract, from the chief executive officer of the company or body) that the party is or is not such a person, company or body.(5) This section is subject to sections 41L, 41M and 41N.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41L Contracts with secretary, manager, close relatives and others
(1) A registered club must not enter into a contract with any of the following:(a) the secretary of the club, a manager appointed under section 34A for any premises of the club or any other person prescribed by the regulations for the purposes of this section,(b) any close relative of a person referred to in paragraph (a),(c) a company or other body in which a person referred to in paragraph (a) or (b) has a controlling interest.(2) For the purposes of this section:(a) a person referred to in subsection (1) (a) is taken to have a controlling interest in a company or body if the person’s interest in the company or body, when added to the interest in the company or body held by one or more close relatives of the person, is a controlling interest in the company or body, and(b) a close relative of a person referred to in subsection (1) (a) is taken to have a controlling interest in a company or body if the relative’s interest in the company or body, when added to the interest in the company or body held by any other close relative or relatives of the person, is a controlling interest in the company or body.(3) For the purposes of this section, a person has, or persons have, a controlling interest in a company or body if the person has, or persons have, the capacity to determine the outcome of decisions about the financial and operating policies of the company or body.(4) Before entering into a contract, a registered club must make all reasonable inquiries to ensure that the provisions of subsection (1) are not contravened.(5) When making any such inquiries as to whether a party to the proposed contract is or is not a person, company or body referred to in subsection (1), a registered club is entitled to rely on a statutory declaration from the party to the proposed contract (or, in the case of a company or other body that is a party to the proposed contract, from the chief executive officer of the company or body) that the party is or is not such a person, company or body.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41M Remuneration of top executives
A registered club must not enter into a contract for the remuneration by the club of a top executive of the club unless the proposed contract has first been approved by the governing body of the club.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41N Loans to members of governing body and employees
(1) A registered club must not lend money to a member of the governing body of the club.(2) A registered club must not lend money to an employee of the club unless:(a) the amount of the proposed loan (together with the amount of any other loan to the employee by the club that has not been repaid to the club) is $10,000 or less, and(b) the proposed loan has first been approved by the governing body of the club.(3) Subsection (2) (a) does not apply to any amount of money lent to the employee in accordance with the terms and conditions of the employee’s contract of employment with the registered club.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41O Controlled contracts
(1) In this section, controlled contract means:(a) a contract referred to in section 41K, or(b) any other contract to which a registered club is a party that is prescribed by the regulations, or is of a class of contracts prescribed by the regulations, for the purposes of this section.(2) A controlled contract entered into by a club is taken to include the terms and conditions (if any) prescribed by the regulations in relation to the type of controlled contract concerned.(3) A registered club must, within 14 days of entering into a controlled contract, provide a copy of the contract to the Director.(4) This section does not extend to a contract entered into before the commencement of this section.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41P General provisions
(1) Nothing in this Division (except section 41M), applies to the following:(a) a contract of remuneration of a member of the governing body of a registered club as such a member,(b) a contract of employment between a registered club and an employee of the club,(c) honorariums paid to members of the governing body of a registered club or employees of a registered club.(2) Nothing in this Division renders a contract void or illegal.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
Division 5 Enforcement provisions
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41Q Director may apply for orders in relation to disposal of land of registered club
(1) If land of a registered club is disposed of otherwise than in accordance with section 41J, the Director may make an application to the Supreme Court for an order in relation to the disposition of the land.(2) In determining an application under subsection (1), the Supreme Court may make such of the following orders as it thinks fit if it is of the opinion that the disposal of the land has not been generally to the benefit of the members of the registered club:(a) an order declaring a contract for the disposal of the land void,(b) where the land had been owned by the club when it was disposed of, an order directing that the land be transferred back to the registered club,(c) an order directing the payment of an amount or a further amount in relation to the disposal of the land by the person to whom the club disposed of the land or any person who benefited from the disposal of the land,(d) such other orders as the Supreme Court considers necessary or appropriate in the circumstances.(3) The Supreme Court is not to make an order under this section that, in the opinion of the Supreme Court:(a) would unfairly and materially prejudice an interest or right of a person who acted in good faith and with no reasonable grounds to suspect that the disposal of the land concerned was in contravention of this Act, or(b) would result in the extinguishment of an interest in the land (without proper compensation) held by a person who had no knowledge that the land had been disposed of in contravention of this Act or no means of preventing the disposal of the land.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41R Termination of certain contracts
(1) This section applies to the following contracts (other than a contract for the disposal of land of a registered club):(a) a contract that was entered into by a registered club in contravention of a provision of Division 4,(b) a contract that is subject to a term or condition prescribed by the regulations referred to in section 41O if a party to the contract is failing, or has failed, to comply with the term or condition.(2) If the Director is of the opinion that a contract is a contract to which this section applies, the Director may serve on each party to the contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated.(3) The notice is to specify the provision of Division 4 that the Director considers has been contravened or the term or condition of the contract that the Director considers is not being, or has not been, complied with.(4) A party to the contract may, within the period specified in the notice, arrange with the Director for the making of submissions as to why the contract should not be terminated.(5) After considering any submissions so made, the Director may, by notice in writing served on each party to the contract, declare that the contract will be terminated on a day specified in the notice.(6) A contract the subject of a notice under subsection (5) is terminated by force of this section at and from the date specified in the notice for the termination of the contract.(7) The Director is not to issue a notice under subsection (5) if the Director considers that the registered club concerned may be affected adversely by the termination of the contract.(8) The Director may take action under this section in relation to a contract whether or not proceedings have been instituted against any person with respect to the purported contravention of Division 4, or purported failure to comply with a term or condition of the contract, that the Director believes is the ground for taking the action.(9) This section extends to a contract entered into by a registered club before the commencement of this section if the club would have contravened a provision of Division 4 by entering into the contract after that commencement and so extends as if the contract was entered into in contravention of the provision.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41S Effect of termination
If a contract is terminated in accordance with this Division:(a) the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract, as a result of the performance before that termination of any obligation imposed by the contract, and(b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination, and(c) neither the Crown nor the Director incurs any liability by reason of that termination.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41T Offence of giving effect to terminated contract
Subject to section 41S (a), a party to a contract terminated in accordance with this Division must not give any further effect to any part of the contract.Maximum penalty: 20 penalty units.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41U Notification to top executives and defence
(1) When a person becomes a top executive of a registered club, the registered club must, as soon as practicable, give written notice to the person informing the person that he or she is a top executive and has responsibilities under this Part.(2) It is a defence to a prosecution for an offence against section 41D or 41E (1) in respect of a person who is a top executive of a registered club if the person establishes that at the time the offence was committed:(a) the person had not received a notice under subsection (1) from the club, and(b) the person could not reasonably have been expected to know that he or she was a top executive of the club without having received such a notice.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41V Offences by secretary and members of governing body of registered club in relation to contracts
If a registered club contravenes, whether by act or omission, any provision of Division 4 or section 41U (1), the club is not guilty of an offence but each person who is the secretary of the club, a member of the governing body of the club or a close associate of the club is guilty of an offence punishable on conviction by a maximum penalty of 100 penalty units unless the person satisfies the court that:(a) the club contravened the provision without the knowledge actual, imputed or constructive of the person, or(b) the person was not in a position to influence the conduct of the club in relation to its contravention of the provision, or(c) the person, if in such a position, used all due diligence to prevent the contravention by the club.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
Division 6 Inquiries in relation to registered clubs
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41W Definition
In this Division:inquiry means an inquiry that is held under section 41X.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41X Inquiry may be held
(1) For the purposes of investigating an allegation about any corrupt or other improper conduct in relation to a registered club, the Director may arrange for the holding of an inquiry to be presided over by a person appointed by the Director.(2) The Director is to determine the following:(a) the matters that are to be the subject of an inquiry,(b) the procedures to be adopted at an inquiry (including whether the inquiry is to be held in public or in private),(c) the time within which the person presiding at the inquiry is required to report to the Director on the findings of an inquiry.(3) The matters that may be the subject of an inquiry may include matters relating to the termination of employment of members of staff of a registered club.(4) Evidence may be taken on oath or affirmation at an inquiry, and for that purpose:(a) the person presiding at the inquiry may require a person appearing at the inquiry who wishes to give evidence to take an oath or to make an affirmation in a form approved by the person presiding, and(b) a member of staff of the Department of Gaming and Racing may administer an oath or affirmation to a person so appearing at the inquiry.(5) The person presiding at an inquiry is not bound by the rules or practice of evidence and may inform himself or herself on any matter in such manner as the person considers appropriate.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41Y Nature of inquiry
(1) The person presiding at an inquiry:(a) has the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923, and(b) if the person is a Judge of the Supreme Court, or is a legal practitioner of at least 7 years’ standing whose instrument of appointment to preside at the inquiry expressly so provides, has the powers and authorities conferred on a commissioner by Division 2 of Part 2 of the Royal Commissions Act 1923 (except for section 17 (4) and (5)).(2) The Royal Commissions Act 1923 applies to any witness summoned by or before the person presiding at an inquiry (except for section 13 and, subject to subsection (1) (b), Division 2 of Part 2).pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41Z Findings of inquiry and referral of certain matters
(1) The person presiding at an inquiry is required to report to the Director on the findings of the inquiry (including any information obtained in the course of the inquiry).(2) If the Director is satisfied that any matter contained in the report:(a) relates or may relate to a breach of a law of the State (including this Act) or of another State or Territory or the Commonwealth, orthe Director may refer the matter to a law enforcement agency or to any other person or body who may have an interest in the matter.(b) constitutes or may constitute grounds for taking proceedings of any kind (including a complaint under this or any other Act) against a registered club,(3) In this section:law enforcement agency has the same meaning as in section 12A of the Royal Commissions Act 1923.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41ZA Orders in relation to registered clubs
(1) The Director may, if satisfied that the findings of an inquiry justify doing so, make either or both of the following orders:(a) an order requiring the registered club that is the subject of the inquiry to provide each member of the club with information about the findings of the inquiry within such time as is specified in the order,(b) an order requiring the club to hold an election of the governing body of the club within such time as is specified in the order.(2) A registered club must comply with any such order.Maximum penalty: 100 penalty units.(3) An order under this section has effect despite any other provision of this Act or the rules of the registered club concerned.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
Division 7 Ancillary provisions
pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41ZB Regulations for purposes of Part
The regulations may make provision for or with respect to the following:(a) the period to which a return under section 41F is to relate and the form and manner of making any such return,(b) the method of determining the value of a gift for the purposes of Division 2,(c) exemptions from any of the provisions of this Part.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
41ZC Guidelines
(1) The regulations may prescribe guidelines for or with respect to determining what constitutes an interest to be declared under section 41C (1), a gift to be disclosed under section 41F (1) or a pecuniary interest to which section 41K (1) applies.(2) The Minister is to ensure that consultation with the registered clubs industry is undertaken when any proposals for prescribing guidelines referred to in this section are being developed.pt 4A, divs 1–7 (ss 41B–41ZC): Ins 2003 No 93, Sch 1 [9].
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
Divisions 1 and 3 of Part 3 of the Crimes (Local Courts Appeal and Review) Act 2001 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 Local Court.s 42A: Ins 1982 No 149, Sch 4. Am 2001 No 121, Sch 2.178 [3] [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) (Repealed)(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]; 2001 No 127, Sch 3 [25].
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.s 43: Am 1980 No 25, Sch 1 (7); 1982 No 149, Sch 5 (1); 1996 No 43, Sch 2 [12]; 2001 No 127, Sch 3 [26].
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 approved gaming 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). Am 2001 No 127, Sch 3 [13].
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, 44D (Repealed)
s 44C: Ins 1999 No 49, Sch 6 [6]. Rep 2001 No 127, Sch 3 [27].
s 44D: Ins 1999 No 49, Sch 6 [6]. Rep 2001 No 127, Sch 3 [28].
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 Apprenticeship and Traineeship Act 2001, 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]; 2001 No 80, Sch 3.6 [1].
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 (Repealed)
s 48A: Ins 1994 No 43, Sch 1 (4). Rep 2001 No 127, Sch 3 [29].
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 Apprenticeship and Traineeship Act 2001) 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]; 2001 No 80, Sch 3.6 [2].
50A (Repealed)
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]; 2001 No 80, Sch 3.6 [3]. Rep 2001 No 127, Sch 3 [30].
50B Display of notices
(1) If there is not kept continuously displayed in a conspicuous place in every bar 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 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; 2001 No 127, Sch 3 [31] [32].
51 Consumption of liquor 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), (e) (Repealed)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) (Repealed)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]; 2001 No 80, Sch 3.6 [4]; 2001 No 127, Sch 3 [33].
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 Apprenticeship and Traineeship Act 2001) 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]; 2001 No 80, Sch 3.6 [5].
52AA Minors passing through bars
(1) It is a sufficient defence to a prosecution for an offence arising under section 50 (1) (b) or (2A) or 52 if it is proved that the minor concerned:(a) was present in the bar 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 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]. Am 2001 No 127, Sch 3 [34] [35].
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 Gaming machines not permitted in certain 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 an approved gaming 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); 2001 No 127, Sch 3 [13].
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).(4) Nothing in this section affects section 7 of the Gaming Machines Act 2001.s 54B: Ins 1994 No 43, Sch 1 (14). Am 1997 No 73, Sch 2 [2]; 1998 No 113, Sch 2.13 [1]; 2001 No 127, Sch 3 [36].
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, or submitted or otherwise given to the Minister, 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]; 2001 No 88, Sch 2 [1].
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].
57D Director may prohibit undesirable promotion of liquor
(1) The Director may, by order in writing served on a registered club, prohibit the registered club from carrying on or being involved in an activity involving the promotion of liquor described in the order if the Director considers:(a) that the promotion is likely to have a special appeal to minors:(i) because of the use of designs, motifs or characters in the promotion that are, or are likely to be, attractive to minors, or(ii) for any other reason, and(b) that it is desirable in the public interest to prohibit the carrying on of or involvement in the activity.(2) Before making an order under this section, the Director must have regard to any relevant guidelines concerning the making of orders or the promotion of liquor approved by the Minister for the purposes of this section.(3) A registered club that, without reasonable excuse, fails to comply with an order under this section is guilty of an offence.Maximum penalty: 50 penalty units.s 57D: Ins 2001 No 88, Sch 2 [2].
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, 59D (Repealed)
s 59C: Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [11]. Rep 2001 No 127, Sch 3 [37].
s 59D: Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [10] [11]. Rep 2001 No 127, Sch 3 [38].
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)–(c) (Repealed)(d) that a specified person is the Principal Registrar,(e)–(g) (Repealed)(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]; 2001 No 127, Sch 3 [39].
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.(2) Proceedings referred to in subsection (1) taken before the Licensing Court shall for the purposes of any Act relating to summary proceedings before a Local Court be deemed to be summary proceedings before a Local Court.(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 under section 17AAA, 23, 27A, 27B, 32, 34, 35, 36, 37, 39, 40, 43A, 45, 45A, 47, 49, 55, 59A, 59B or 72C 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]; 2001 No 121, Sch 2.178 [5] [6].s 65, table: Ins 1996 No 42, Sch 2 [29]. Am 1999 No 31, Sch 2.35 [3]. Subst 2001 No 127, Sch 3 [40].
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) (Repealed)(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]. Am 2001 No 127, Sch 3 [41].
65B (Repealed)
s 65B: Ins 1999 No 49, Sch 6 [8]. Rep 2001 No 127, Sch 3 [42].
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.(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 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]; 2001 No 127, Sch 3 [43].
66A (Repealed)
s 66A: Ins 1996 No 42, Sch 2 [33]. Rep 2001 No 121, Sch 2.178 [7].
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 a Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 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]; 2001 No 121, Sch 2.178 [8].
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 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 the identification 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 this Act.(2) A special inspector is not authorised to exercise the functions of a special inspector in relation to a registered club without production of his or her means of identification for inspection:(a) by the secretary or manager 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 or manager, by the person believed by the inspector to be the most senior person on duty in the club,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]. Ins 2001 No 127, Sch 3 [44].
70 (Repealed)
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,(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, 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); 2001 No 127, Sch 3 [45] [46].
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 by direct deposit
A payment made to the Board or the Chief Commissioner for the purposes of this Act or the Gaming Machine Tax Act 2001 by means of payment to a bank, building society or credit union for direct deposit to the credit of the Board or the Chief Commissioner is taken to have been paid to the Board or the Chief Commissioner, as the case may be, 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; 2001 No 72, Sch 4 [2]–[4].
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 Australian Crime Commission,• 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); 2003 No 13, Sch 1.27.
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) (Repealed)(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]; 2001 No 72, Sch 4 [5]; 2001 No 127, Sch 3 [47].
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 Protection from personal liability
Anything done or omitted to be done by a person who is:(a) a member of the Board, or(b) a special inspector or a member of the Police Service, orin exercising the functions conferred or imposed on the person by or under this Act or in the course of the administration of this Act does not, if it was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.(c) an officer or temporary employee appointed or employed under the Public Sector Management Act 1988,s 74: Am 1982 No 148, Sch 1. Rep 1999 No 85, Sch 4. Ins 2001 No 127, Sch 3 [48].
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.
76AA Certain clubs taken to be registered under this Act
Schedule 3 has effect.s 76AA: Ins 2001 No 127, Sch 3 [49].
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].pt 10, hdg: Subst 1988 No 93, Sch 4 (1). Am 1997 No 155, Sch 5 [17]; 2001 No 72, Sch 4 [6]. Rep 2001 No 127, Sch 3 [50].pt 10: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [50].s 77: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 1 (4); 1998 No 113, Sch 2.13 [2]. Rep 2001 No 127, Sch 3 [50].s 77A: Ins 1993 No 29, Sch 1 (5). Rep 2001 No 127, Sch 3 [50].s 77B: Ins 1993 No 29, Sch 1 (5). Am 1998 No 12, Sch 3 [4]. Rep 2001 No 127, Sch 3 [50].s 77C: Ins 1993 No 29, Sch 1 (5). Rep 2001 No 127, Sch 3 [50].s 78: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 1 (6), 4 (10). Rep 2001 No 127, Sch 3 [50].s 78A: Ins 1993 No 29, Sch 1 (7). Am 1998 No 12, Sch 3 [5]. Rep 2001 No 127, Sch 3 [50].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. Rep 2001 No 127, Sch 3 [50].s 79A: Ins 1988 No 93, Sch 2 (1). Rep 2001 No 127, Sch 3 [50].s 79B: Ins 2000 No 13, Sch 1 [2]. Rep 2001 No 127, Sch 3 [50].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]. Rep 2001 No 127, Sch 3 [50].s 81: Ins 1986 No 78, Sch 1 (4). Rep 1993 No 29, Sch 1 (9). Ins 1999 No 12, Sch 2 [8]. Rep 2001 No 127, Sch 3 [50].s 82: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 1 (10). Rep 2001 No 127, Sch 3 [50].s 82D: Ins 1993 No 29, Sch 1 (11). Am 1997 No 73, Sch 2 [4]–[7]. Rep 2001 No 127, Sch 3 [50].s 82E: Ins 1993 No 29, Sch 1 (11). Rep 2001 No 127, Sch 3 [50].s 82F: Ins 1993 No 29, Sch 1 (11). Rep 2001 No 127, Sch 3 [50].s 83: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (12). Am 1998 No 12, Sch 3 [7]. Rep 2001 No 127, Sch 3 [50].s 83A: Ins 1993 No 29, Sch 1 (13). Rep 2001 No 127, Sch 3 [50].s 84: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 4 (13). Rep 2001 No 127, Sch 3 [50].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]. Rep 2001 No 72, Sch 4 [7]. Rep 2001 No 127, Sch 3 [50].pt 10, div 2: Rep 2001 No 72, Sch 4 [7]. Rep 2001 No 127, Sch 3 [50].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]. Rep 2001 No 127, Sch 3 [50].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]. Rep 2001 No 127, Sch 3 [50].s 86A: Ins 1997 No 44, Sch 3 [9]. Am 1997 No 151, Sch 4 [2] [3]. Rep 2001 No 127, Sch 3 [50].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]. Rep 2001 No 127, Sch 3 [50].s 87AA: Ins 1996 No 103, Sch 2 [6]. Subst 1998 No 12, Sch 3 [9]. Am 1998 No 151, Sch 2 [2]. Rep 2001 No 127, Sch 3 [50].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]. Rep 2001 No 127, Sch 3 [50].s 87B: Ins 1993 No 56, Sch 1 (7). Subst 1998 No 12, Sch 3 [9]. Rep 2001 No 127, Sch 3 [50].s 87C: Ins 1993 No 56, Sch 1 (7). Rep 2001 No 127, Sch 3 [50].s 87D: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [24]. Rep 2001 No 127, Sch 3 [50].s 87E: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 2001 No 127, Sch 3 [50].s 87EA: Ins 1997 No 155, Sch 5 [26]. Rep 2001 No 127, Sch 3 [50].s 87F: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 1998 No 12, Sch 3 [10]. Rep 2001 No 127, Sch 3 [50].s 87G: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 1998 No 12, Sch 3 [11]. Rep 2001 No 127, Sch 3 [50].s 87H: Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25] [27] [28]; 1999 No 27, Sch 2 [14]. Rep 2001 No 127, Sch 3 [50].pt 10, div 2A: Ins 1997 No 44, Sch 3 [10]. Rep 2001 No 127, Sch 3 [50].s 87HA: Ins 1997 No 44, Sch 3 [10]. Rep 2001 No 127, Sch 3 [50].s 87HB: Ins 1997 No 44, Sch 3 [10]. Am 1997 No 151, Sch 4 [4] [5]. Rep 2001 No 127, Sch 3 [50].pt 10, div 3 (ss 87I, 87J): Ins 1996 No 103, Sch 2 [8]. Rep 2001 No 127, Sch 3 [50].pt 10A: Ins 1996 No 103, Sch 2 [9]. Rep 2001 No 127, Sch 3 [51].s 88AA: Ins 1996 No 103, Sch 2 [9]. Am 1998 No 12, Sch 3 [12]. Rep 2001 No 127, Sch 3 [51].s 88AB: Ins 1996 No 103, Sch 2 [9]. Rep 2001 No 127, Sch 3 [51].s 88AC: Ins 1996 No 103, Sch 2 [9]. Rep 1998 No 12, Sch 3 [13]. Rep 2001 No 127, Sch 3 [51].pt 10B (ss 88AD–88AH): Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [52].pt 10C: Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].s 88AI: Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].s 88AJ: Ins 2000 No 13, Sch 1 [1]. Am 2000 No 93, Sch 1.19 [10]. Rep 2001 No 127, Sch 3 [53].s 88AK: Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].s 88AL: Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].s 88AM: Ins 2000 No 13, Sch 1 [1]. Am 2000 No 93, Sch 1.19 [11]. Rep 2001 No 127, Sch 3 [53].s 88AN: Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].pt 11: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].pt 11, div 1: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].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). Rep 2001 No 127, Sch 3 [54].s 89: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].pt 11, div 2: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].s 90A: Ins 1988 No 93, Sch 2 (4). Am 1993 No 29, Sch 6 (1); 2000 No 62, Sch 2 [14]. Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].s 91A: Ins 1996 No 42, Sch 2 [37]. Rep 2001 No 127, Sch 3 [54].s 92: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (4). Rep 2001 No 127, Sch 3 [54].s 93: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1) (2). Subst 1996 No 42, Sch 2 [38]. Rep 2001 No 127, Sch 3 [54].s 94: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 6 (1), 7 (2). Rep 2001 No 127, Sch 3 [54].pt 11, div 2A: Ins 1993 No 29, Sch 3 (5). Rep 2001 No 127, Sch 3 [54].s 95: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (5). Rep 2001 No 127, Sch 3 [54].s 95A: Ins 1993 No 29, Sch 3 (5). Am 1994 No 43, Sch 1 (19). Rep 2001 No 127, Sch 3 [54].s 95B: Ins 1993 No 29, Sch 3 (5). Am 1996 No 42, Sch 2 [39]–[41]. Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].pt 11, div 3: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].s 98: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (7); 1996 No 42, Sch 2 [42]. Rep 2001 No 127, Sch 3 [54].s 99: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (8); 1996 No 42, Sch 2 [43]. Rep 2001 No 127, Sch 3 [54].s 100: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1); 1996 No 42, Sch 2 [44] [45]. Rep 2001 No 127, Sch 3 [54].pt 11, div 4: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].s 102: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (4). Rep 2001 No 127, Sch 3 [54].s 102A: Ins 1993 No 29, Sch 1 (15). Rep 2001 No 127, Sch 3 [54].s 103: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (5). Rep 2001 No 127, Sch 3 [54].s 104: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1). Rep 2001 No 127, Sch 3 [54].pt 11, div 5: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].s 104A: Ins 1994 No 43, Sch 1 (29). Rep 2001 No 127, Sch 3 [54].s 105: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (9). Rep 2001 No 127, Sch 3 [54].ss 105A–105C: Ins 1993 No 56, Sch 1 (8). Rep 2001 No 127, Sch 3 [54].s 105D: Ins 1994 No 43, Sch 1 (22). Rep 2001 No 127, Sch 3 [54].s 106: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (10). Am 1994 No 50, Sch 1 (19). Rep 2001 No 127, Sch 3 [54].pt 11, div 6: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].s 107: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 6 (6). Rep 2001 No 127, Sch 3 [54].s 107A: Ins 1993 No 29, Sch 3 (11) (am 1993 No 108, Sch 1). Am 1996 No 42, Sch 2 [46]–[48]. Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].s 108A: Ins 1996 No 42, Sch 2 [55]. Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].pt 11, div 7: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].s 110: Ins 1986 No 78, Sch 1 (4). Rep 1994 No 43, Sch 1 (30).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]. Rep 2001 No 127, Sch 3 [54].s 111A: Ins 1989 No 132, Sch 1. Subst 1993 No 29, Sch 5 (31). Rep 2001 No 127, Sch 3 [54].s 112: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (9). Subst 1996 No 42, Sch 2 [61]. Rep 2001 No 127, Sch 3 [54].s 113: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].s 114: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (10). Rep 2001 No 127, Sch 3 [54].s 115: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (26). Rep 1993 No 29, Sch 1 (16).s 116: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (6). Subst 1993 No 29, Sch 3 (14). Rep 2001 No 127, Sch 3 [54].ss 116A–116D: Ins 1993 No 29, Sch 3 (15). Rep 2001 No 127, Sch 3 [54].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. Rep 2001 No 127, Sch 3 [54].s 118: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 6 (12), 7 (2). Rep 2001 No 127, Sch 3 [54].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).s 121: Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (7). Subst 1993 No 29, Sch 1 (18). Rep 2001 No 127, Sch 3 [54].s 122: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 4 (16), 6 (13). Rep 2001 No 127, Sch 3 [54].s 122A: Ins 1993 No 29, Sch 3 (18). Rep 2001 No 127, Sch 3 [54].s 122B: Ins 1993 No 29, Sch 3 (18). Am 1996 No 41, Sch 2 [35]. Rep 2001 No 127, Sch 3 [54].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]. Rep 2001 No 127, Sch 3 [54].s 124: Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (13). Rep 2001 No 127, Sch 3 [54].s 125: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].s 126: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (20). Am 1994 No 50, Sch 1 (23). Rep 2001 No 127, Sch 3 [54].s 127: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (27). Subst 1993 No 29, Sch 1 (20). Rep 2001 No 127, Sch 3 [54].s 128: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (28). Subst 1993 No 29, Sch 1 (20). Rep 2001 No 127, Sch 3 [54].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). Rep 2001 No 127, Sch 3 [54].s 130: Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (20). Rep 2001 No 127, Sch 3 [54].s 130A: Ins 1993 No 29, Sch 1 (20). Rep 2001 No 127, Sch 3 [54].s 131: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (30). Rep 1993 No 29, Sch 5 (32).s 132: Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (31). Subst 1993 No 29, Sch 5 (33). Rep 2001 No 127, Sch 3 [54].s 132A: Ins 1999 No 49, Sch 6 [10]. Rep 2001 No 127, Sch 3 [54].s 133: Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].s 133A: Ins 1997 No 44, Sch 3 [11]. Am 1997 No 151, Sch 4 [6]; 1998 No 12, Sch 3 [14]. Rep 2001 No 127, Sch 3 [54].pt 12: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].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]. Rep 2001 No 127, Sch 3 [55].s 135: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 136: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 137: Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [2]. Rep 2001 No 127, Sch 3 [55].s 138: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 139: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 140: Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [3]; 1997 No 151, Sch 4 [7]. Rep 2001 No 127, Sch 3 [55].s 140A: Ins 1997 No 44, Sch 4 [4]. Rep 2001 No 127, Sch 3 [55].s 140AA: Ins 1997 No 151, Sch 4 [8]. Rep 2001 No 127, Sch 3 [55].s 141: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 142: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 142A: Ins 1998 No 12, Sch 3 [16]. Rep 2001 No 127, Sch 3 [55].s 143: Ins 1996 No 103, Sch 2 [10]. Subst 1997 No 44, Sch 4 [5]; 1997 No 151, Sch 4 [9]. Rep 2001 No 127, Sch 3 [55].s 144: Ins 1996 No 103, Sch 2 [10]. Subst 1997 No 151, Sch 4 [10]. Rep 2001 No 127, Sch 3 [55].s 145: Ins 1996 No 103, Sch 2 [10]. Am 2001 No 34, Sch 4.51 [12]. Rep 2001 No 127, Sch 3 [55].ss 146–148: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].s 148A: Ins 1997 No 44, Sch 4 [6]. Rep 2001 No 127, Sch 3 [55].s 149: Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].ss 150–152: Ins 1997 No 44, Sch 4 [7]. Rep 2001 No 127, Sch 3 [55].s 153: Ins 1997 No 44, Sch 4 [7]. Am 2001 No 34, Sch 4.51 [13]. Rep 2001 No 127, Sch 3 [55].
Parts 10–12
77–153 (Repealed)
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 Savings, transitional and other provisions
(Section 76)
sch 2, hdg: Subst 2003 No 93, Sch 1 [10].
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:Gaming Machines Act 2001, to the extent that it amends this ActGaming Machines Further Amendment Act 2002, to the extent that it amends this Act(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) (Repealed)at 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.
Part 17 Liquor and Registered Clubs Legislation
88 Provision consequent on the decision of the High Court in Ha v New South Wales
(1) This clause applies to a certificate of registration that was, immediately before 5 August 1997, suspended under section 15 (8) (as in force immediately before its repeal) because a registration fee had not been paid in full.(2) A certificate of registration to which this clause applies is, on and from 5 August 1997, taken not to have been suspended by reason of failure to pay a registration fee in full.
Part 18 Gaming Machines Act 2001
89 Prohibition on clubs acquiring financial interest in hotels
Section 9A (1AA), as inserted by Schedule 3 [6] to the Gaming Machines Act 2001, does not apply to or in respect of a hotelier’s licence or financial interest in a hotel that was granted to or acquired by a registered club before the commencement of that subsection.
90 Operation of club amalgamation amendments
Division 1A of Part 2 (as inserted by Schedule 3 [15] to the Gaming Machines Act 2001) extends to an application under section 17A for the amalgamation of 2 or more registered clubs that was made before the commencement of that Division.
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 72, Sch 4 [8]; 2001 No 73, Sch 2 [8] [9]; 2001 No 88, Sch 2 [3]–[5]; 2001 No 127, Sch 3 [56] [57]; 2002 No 102, Sch 2 [5]; 2003 No 93, Sch 1 [11].
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).