Part 1 Preliminary
1 Name of Regulation
This Regulation is the Registered Clubs Regulation 1996.
2 Commencement
This Regulation commences on 1 September 1996.
3 Definitions
(1) In this Regulation:the Act means the Registered Clubs Act 1976.(2) Expressions used in this Regulation which are defined in the Act have the meanings set out in the Act.cl 3: Am 1998 No 29, Sch 2.10; 25.8.2000; 28.3.2002; 2008 (252), Sch 1 [1].
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
Part 2 Applications
pt 2: Subst 2008 (252), Sch 1 [2].
pt 2, div 1, hdg: Rep 2008 (252), Sch 1 [2].
5 Notice to be given to local authorities and police
(1) If an application is made to the Authority for:(a) a non-restricted area authorisation under section 22 of the Act, or(b) a junior members authorisation under section 22A of the Act, orthe applicant must, within 2 working days of making the application, provide the local consent authority and the local police with a notice relating to the application.(c) a club functions authorisation under section 23 of the Act,(2) The notice must be in the form approved by the Authority.cll 5: Subst 2008 (252), Sch 1 [2].
6 Notice relating to application for club functions authorisation to be fixed to premises
(1) If an application for a club functions authorisation under section 23 of the Act is made to the Authority, a notice relating to the application that is in the form approved by the Authority must, within 2 working days of making the application, be fixed by the applicant to the club premises to which the application relates.(2) The notice must be fixed to the club premises until such time as the application is determined by the Authority.(3) If the club premises have not been erected, the requirement to fix a notice relating to an application may be satisfied by fixing the notice to a notice board erected on the land on which it is proposed to erect the premises.(4) A notice is not fixed to premises or land in accordance with this clause unless:(a) it is fixed to the premises or land in such a position that it is legible to members of the public passing the premises or land, and(b) if the Authority has directed that it also be fixed in another specified position—it is also fixed in that other position.cll 6: Subst 2008 (252), Sch 1 [2].pt 2, div 2, hdg: Rep 2008 (252), Sch 1 [2].
7 Submissions in relation to applications
(1) Any person may make a submission to the Authority in relation to an application referred to in clause 5.(2) Any such submission must:(a) specify details of the application to which the submission relates, and(b) be made within 30 days of the date on which the application was made (or such longer period as the Authority may, in any particular case or class of cases, allow).cl 7: Am 28.3.2002. Subst 2008 (252), Sch 1 [2].
8 Advertising of other applications
(1) If an application (other than an application referred to in clause 5) is made to the Authority under the Act or this Regulation, the Authority may require the application to be advertised in such manner as the Authority considers appropriate.(2) The Authority may refuse to determine any such application unless it has been advertised in accordance with any such requirement.cl 8: Subst 2008 (252), Sch 1 [2].
9–11 (Repealed)
cll 9: Am 28.3.2002. Rep 2008 (252), Sch 1 [2].
cll 10: Am 28.3.2002. Rep 2008 (252), Sch 1 [2].
pt 2, div 3 (cl 11): Rep 2008 (252), Sch 1 [2].
Part 2A Requirements relating to club amalgamations
pt 2A: Ins 2007 (633), Sch 1 [1].
11A Calling for expressions of interest
(1) If a registered club (the proponent club) is seeking or proposing to amalgamate, the proponent club must, before entering into any agreement or understanding with another club about an amalgamation (regardless of where the premises of that other club are situated), call for expressions of interest in amalgamating from each other registered club that has premises within a radius of 50 kilometres of the premises of the proponent club.(2) The Director may give directions to registered clubs with respect to calling for expressions of interest under subclause (1) and a registered club must, in calling for expressions of interest, comply with any such direction given to the club.cl 11A: Ins 2007 (633), Sch 1 [1].
11B Notification to club members of proposed amalgamation
(1) For the purposes of section 17AE (2) of the Act, the members of a registered club that is a party to a proposed amalgamation must be notified of the proposed amalgamation by means of a notice:(a) displayed on a notice board on the club’s premises, and(b) published on the club’s website (if any).(2) Any person may make a submission to the Authority in relation to the proposed amalgamation.cl 11B: Ins 2007 (633), Sch 1 [1]. Am 2008 (252), Sch 1 [3].
11C Memorandum of understanding between amalgamating clubs
(1) If 2 or more registered clubs are proposing to amalgamate, the clubs must enter into a memorandum of understanding with respect to the proposed amalgamation.(2) The memorandum of understanding must state each club’s position regarding the proposed amalgamation and deal with (or include) the following:(a) the manner in which the premises and other facilities of the dissolved club will be managed and the degree of autonomy that will be permitted in the management of those premises and facilities,(b) a list of the traditions, amenities and community support that will be preserved or continued by the amalgamated club,(c) intentions regarding the future direction of the amalgamated club,(d) the extent to which the employees of the amalgamated club will be protected,(e) intentions regarding the following assets of the dissolved club:(i) any core property (within the meaning of section 41J of the Act) of the club,(ii) any cash or investments held by the club,(iii) any poker machine entitlements allocated under the Gaming Machines Act 2001 in respect of the premises of the club,(f) the circumstances that would permit the amalgamated club to cease trading on the premises of the dissolved club or to substantially change the objects of the dissolved club,(g) an agreed period of time before any action referred to in paragraph (f) can be taken by the amalgamated club.(3) The memorandum of understanding must:(a) be made available to the ordinary members of each registered club that is a party to the proposed amalgamation at least 21 days before any meeting is held by the members of the club for the purposes of voting on whether to approve the proposed amalgamation, and(b) be made available for inspection on the premises of each such registered club and on the club’s website (if any) for at least 21 days before any such meeting is held.(4) An application under section 60 of the Liquor Act 2007 in relation to the proposed amalgamation must be accompanied by a copy of the memorandum of understanding required to be entered into under this clause.cl 11C: Ins 2007 (633), Sch 1 [1]. Am 2008 (252), Sch 1 [4].
11D “Major assets” of dissolved club
For the purposes of the definition of major assets of a dissolved club in section 17AI (3) of the Act, any core property (within the meaning of section 41J of the Act) of the club is a prescribed class of assets.Note—Section 17AI of the Act restricts the “parent” club from disposing of the major assets of the dissolved club during the period of 3 years following the amalgamation.cl 11D: Ins 2007 (633), Sch 1 [1].
Part 3 Minors
12 Prescribed notices
(1), (2) (Repealed)(3) For the purposes of section 50B (2) of the Act, the particulars and requirements prescribed are that the notice, apart from any heading and signature, contain the following words, and no others, in capital letters not less than one centimetre in height:THE REGISTERED CLUBS ACT 1976 PROHIBITS ANY MEMBER ENTERING THE NAME OF A PERSON UNDER THE AGE OF 18 YEARS IN THE GUEST REGISTER OR PERMITTING ANY SUCH PERSON TO BE IN A PART OF THE CLUB PREMISES DEFINED UNDER THE ACT AS A BAR.(4) (Repealed)cl 12: Am 30.7.1999; 28.3.2002; 2008 (252), Sch 1 [5].
13 (Repealed)
cl 13: Am 2005 (797), cl 2. Rep 2008 (252), Sch 1 [6].
14 Denial of allegation as to age
For the purposes of section 63 (2) of the Act, an allegation in relation to any proceedings for an offence under the Act or this Regulation is denied as prescribed if it is denied:(a) at any adjournment prior to the commencement of the proceedings—by informing the court, the informant or a person appearing for the informant in writing of the denial, or(b) at any time not later than 14 days before the hearing of the charge—by informing the informant or a person appearing for the informant in writing of the denial.cl 14: Subst 2008 (252), Sch 1 [7].
Part 3A Certain authorisations in relation to clubs
pt 3A: Ins 27.9.1996. Subst 2008 (252), Sch 1 [8].
14A Non-restricted area authorisations
The application fee for a non-restricted area authorisation under section 22 of the Act is $50.cl 14A: Ins 27.9.1996. Subst 2008 (252), Sch 1 [8].
14B Junior members authorisations
(1) The application fee for a junior members authorisation under section 22A of the Act is $50.(2) A junior members authorisation is subject to the following conditions:(a) the club that holds the authorisation must keep a register of the dates on which members under the age of 18 years are given access to the club premises in accordance with the authorisation,(b) the club must give written notice to the local police of each date on which members under the age of 18 years are to be given such access at least 7 clear days before that date.cl 14B: Ins 27.9.1996. Rep 9.1.1998. Ins 2008 (252), Sch 1 [8].
14C Club functions authorisations
(1) The application fee for a club functions authorisation under section 23 of the Act is $50.(2) A club functions authorisation is subject to a condition that the club that holds the authorisation must ensure that, at any time during a function held under the authorisation, the number of persons in any function area or access area specified in the authorisation does not contravene the conditions of any development consent granted under the Environmental Planning and Assessment Act 1979 relating to the use of the area as a place of public entertainment.cl 14C: Ins 27.9.1996. Subst 2008 (252), Sch 1 [8].pt 3B: Ins 27.9.1996. Rep 2008 (252), Sch 1 [8].
Parts 3B–6A
(Repealed)14D–47E
cll 14D: Ins 27.9.1996. Rep 2008 (252), Sch 1 [8].
cll 14E: Ins 27.9.1996. Rep 2008 (252), Sch 1 [8].
cl 14F: Ins 9.1.1998. Am 28.8.1998. Rep 2008 (252), Sch 1 [8].
pt 4, hdg: Am 28.2.1997. Rep 28.3.2002.
pt 4: Rep 28.3.2002.
pt 4, div 1: Rep 28.3.2002.
cll 15–19: Rep 28.3.2002.
cl 19A: Ins 12.4.2001. Rep 28.3.2002.
pt 4, div 2: Rep 28.3.2002.
cl 20: Am 28.2.1997. Rep 28.3.2002.
cl 20A: Ins 28.2.1997. Am 28.8.1998. Rep 28.3.2002.
cll 21: Rep 28.3.2002.
cll 22: Rep 28.3.2002.
cl 23: Subst 28.2.1997. Am 30.7.1999. Rep 28.3.2002.
cl 23AA: Ins 28.8.1998. Rep 28.3.2002.
cl 23A: Ins 15.5.1998. Am 9.10.1998. Rep 28.3.2002.
cl 24: Rep 28.3.2002.
cl 24A: Ins 28.2.1997. Rep 28.3.2002.
cl 24AB: Ins 15.5.1998. Am 26.10.2001. Rep 28.3.2002.
pt 4, div 2A (cll 24B–24F): Ins 5.3.1999. Rep 28.3.2002.
pt 4, div 3, hdg: Subst 5.3.1999. Rep 28.3.2002.
pt 4, div 3: Rep 28.3.2002.
cll 25: Rep 28.3.2002.
cll 26: Rep 28.3.2002.
cl 26A: Ins 5.3.1999. Rep 28.3.2002.
cll 27: Am 5.3.1999. Rep 28.3.2002.
cll 28: Am 5.3.1999. Rep 28.3.2002.
cll 29: Rep 28.3.2002.
cll 30: Rep 28.3.2002.
pt 4, div 4: Ins 28.2.1997. Rep 28.3.2002.
cl 30A: Ins 28.2.1997. Rep 30.7.1999.
cl 30B: Ins 28.2.1997. Rep 28.3.2002.
cl 30C: Ins 28.2.1997. Am 30.7.1999. Rep 28.3.2002.
pt 4, div 5: Ins 15.5.1998. Rep 28.3.2002.
cl 30D: Ins 15.5.1998. Rep 28.3.2002.
cl 30E: Ins 15.5.1998. Am 22.12.2000. Rep 28.3.2002.
cl 30F: Ins 15.5.1998. Rep 28.3.2002.
cll 30FA: Ins 22.12.2000. Rep 28.3.2002.
cll 30FB: Ins 22.12.2000. Rep 28.3.2002.
pt 4, div 6: Ins 14.4.2000. Rep 28.3.2002.
pt 4, div 6, sdiv 1: Ins 14.4.2000. Rep 28.3.2002.
cl 30G: Ins 14.4.2000. Rep 28.3.2002.
cl 30H: Ins 14.4.2000. Rep 9.6.2000. Ins 21.7.2000. Rep 28.3.2002.
cl 30I: Ins 14.4.2000. Rep 28.3.2002.
cl 30J: Ins 14.4.2000. Am 23.3.2001. Rep 28.3.2002.
cll 30K–30O: Ins 14.4.2000. Rep 28.3.2002.
pt 4, div 6, sdiv 2: Ins 14.4.2000. Rep 28.3.2002.
cl 30P: Ins 14.4.2000. Am 15.9.2000. Rep 28.3.2002.
cll 30Q–30S: Ins 14.4.2000. Rep 28.3.2002.
pt 4, div 6, sdiv 3 (cll 30T–30V): Ins 14.4.2000. Rep 28.3.2002.
pt 4, div 6, sdiv 4: Ins 14.4.2000. Rep 28.3.2002.
cll 30W: Ins 14.4.2000. Rep 28.3.2002.
cll 30X: Ins 14.4.2000. Rep 28.3.2002.
cl 30Y: Ins 14.4.2000. Am 4.8.2000. Rep 28.3.2002.
cl 30YA: Ins 4.8.2000. Rep 28.3.2002.
cl 30Z: Ins 14.4.2000. Rep 28.3.2002.
pt 5: Rep 2008 (252), Sch 1 [9].
pt 5, div 1: Rep 2008 (252), Sch 1 [9].
cl 31: Am 28.3.2002. Rep 2008 (252), Sch 1 [9].
pt 5, div 2 (cll 32–34): Rep 9.1.1998.
pt 5, div 3: Rep 28.3.2002.
cl 35: Am 25.8.2000. Rep 28.3.2002.
cl 36: Rep 28.3.2002.
cl 37: Am 25.8.2000. Rep 28.3.2002.
cl 38: Rep 28.3.2002.
pt 5, div 4 (cll 39–41): Rep 28.3.2002.
pt 5, div 5 (cl 42): Rep 2008 (252), Sch 1 [9].
pt 5, div 5 (cl 42): Rep 2008 (252), Sch 1 [9].
pt 6 (cll 43–47): Rep 2008 (252), Sch 1 [10].
pt 6A: Ins 5.12.2003. Rep 2008 (252), Sch 1 [11].
cll 47A–47C: Ins 5.12.2003. Rep 2008 (252), Sch 1 [11].
cl 47CA: Ins 20.8.2004. Am 17.12.2004. Rep 2008 (252), Sch 1 [11].
cl 47D: Ins 5.12.2003. Rep 2008 (252), Sch 1 [11].
cl 47E: Ins 5.12.2003. Am 20.8.2004. Rep 2008 (252), Sch 1 [11].
Part 6B Accountability of registered clubs
pt 6B: Ins 8.4.2004.
47FA Definition of “top executive”
(1) Except as provided by subclause (2), the following persons are prescribed for the purposes of the definition of top executive of a registered club in section 41B (1) of the Act:Note—Club secretaries (including acting club secretaries) and managers of club premises are already covered by the definition of top executive in the Act.(a) a person appointed under section 66 (4) of the Liquor Act 2007 to act as a manager of any premises of the club,(b) a person (other than the secretary of the club, any manager appointed under section 66 of the Liquor Act 2007 or any person referred to in paragraph (a)) who is one of the 5 highest paid employees of the club (including any person who acts in the position of any such employee for a continuous period of not less than 3 months),(c) any person who is nominated by the club as a top executive.(2) Subclause (1) does not apply in relation to a person if:(a) the person’s total remuneration package does not exceed $100,000 per year, or(b) the person is not involved in the general administration of the registered club or with its liquor and gaming business.cl 47FA: Ins 2007 (633), Sch 1 [2]. Am 2008 (567), Sch 1 [1] [2].
47F Returns under section 41F of the Act
(1) A return submitted under section 41F of the Act by a member of the governing body of a registered club or an employee of a registered club:(a) is to be submitted within 21 days after the end of each financial year of the registered club, and(b) is to relate to gifts or remuneration received during that financial year, and(c) is to be in a form approved by the Director.(2) For the purposes of section 41ZC, the prescribed guidelines for determining what constitutes a gift to be disclosed in a return referred to in subclause (1) are as follows:(a) a gift must be disclosed if its value exceeds $500 or, when added to the value of all other gifts received from the same donor during the financial year to which the return relates, exceeds $500,(b) if the value of a gift (other than money) is unable to be determined in accordance with subclause (3), the gift must be disclosed.(3) The value of any gift (other than money) is to be determined as a reasonable estimate of the amount that the gift would have cost the recipient if the recipient had had to obtain it for himself or herself at the time at which it was given.cl 47F: Ins 8.4.2004. Am 2007 (633), Sch 1 [3].
47G Secretary to keep register of disclosures, declarations and returns
The secretary of a registered club must keep, in the form and manner approved by the Director, a register of all disclosures, declarations and returns made in relation to the club under Division 2 of Part 4A of the Act (including a declaration recorded as referred to in section 41D (4)).Maximum penalty: 50 penalty units.cl 47G: Ins 8.4.2004. Subst 2007 (633), Sch 1 [4].
47H Reporting requirements of clubs—financial statements
A registered club must:(a) prepare, on a quarterly basis, financial statements that incorporate:(i) the club’s profit and loss accounts and trading accounts for the quarter, and(ii) a balance sheet as at the end of the quarter, and(b) provide the financial statements to the governing body of the club, and(c) make the financial statements available to the members of the club within 48 hours of the statements being adopted by the governing body, and(d) indicate, by displaying a notice in the form approved by the Director on the club’s premises and on the club’s website (if any), how the members of the club can access the financial statements, and(e) provide a copy of the financial statements to any member of the club or the Director on the request (in writing) of the member or the Director.Maximum penalty: 50 penalty units.cl 47H: Ins 8.4.2004. Subst 2007 (633), Sch 1 [5].
47HA Reporting requirements of clubs—provision of information to members
(1) A registered club must:(a) record the information specified in subclause (2) and keep it in a form approved by the Director, and(b) make the information available to the members of the club within 4 months after the end of the reporting period to which the information relates, and(c) indicate, by displaying a notice in the form approved by the Director on the club’s premises and on the club’s website (if any), how the members of the club can access the information, and(d) provide a copy of the information to any member of the club or the Director on the request (in writing) of the member or the Director.Maximum penalty: 50 penalty units.(2) The information to be recorded is as follows:(a) any disclosure, declaration or return received by the club under Division 2 of Part 4A of the Act 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 of the Act,(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 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 gaming machine tax period relating to the reporting 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.(3) For the purposes of subclause (2) (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.(4) A reference in subclause (2) (f) or (3) to an employee of a registered club does not include a reference to an employee who:(a) holds a position that is subject to an industrial award under a law of the State or the Commonwealth, and(b) receives a remuneration package for that position of a value not exceeding the rate of pay applicable to the position that is provided for in the award.(5) In this clause:gaming machine tax period means the period of 12 months beginning on 1 September in the financial year concerned and ending on 31 August in the following year.reporting period means the relevant financial year of the registered club in relation to which the information is provided.cl 47HA: Ins 2007 (633), Sch 1 [5].
47I Exceptions to requirements relating to disposal of core property
(1) Section 41J (3) of the Act does not apply in relation to the disposal of any core property of a registered club in any of the following circumstances:(a) the property is being leased or licensed for a period not exceeding 10 years on terms that have been the subject of a valuation by a registered valuer,(b) the property is being disposed of to a wholly owned subsidiary of the club,(c) the property is being leased or licensed to a telecommunications provider for the purposes of a telecommunication tower,(d) the disposal of the property involves calling for expressions of interest and a subsequent selective tendering process, and the disposal and disposal process has been approved by a majority vote at a general meeting of the ordinary members of the club,(e) the property is being sold by private treaty, but only if it failed to sell at public auction or open tender following compliance with the requirements of section 41J (3) of the Act,(f) the terms and nature of the disposal (including details of the parties, property, price and valuation) are disclosed to the ordinary members of the club, and the disposal is approved at a general meeting of the ordinary members of the club,(g) the Director has, on application by the registered club, approved of the property being disposed of otherwise than in accordance with section 41J (3) of the Act.(2) An application under subclause (1) (g) for the Director’s approval must:(a) be in the form and manner approved by the Director, and(b) be accompanied by such information as may be required by the Director.(3) Section 41J (3) of the Act does not apply in relation to the leasing or licensing of any core property of a registered club if the lease or licence:(a) is granted to a person for the purpose of enabling the person to provide goods or services exclusively to members of the club and their guests and to other persons attending the club in accordance with a functions authority held by the club under section 23 of the Act, or(b) is granted to a person for the purpose of enabling the person to provide goods or services to members of the club and their guests and to other members of the public and the granting of the lease or licence for that purpose has been approved at a general meeting of the ordinary members of the club.(4) Section 41J (3) of the Act does not apply in relation to the disposal of any core property of a registered club to a government department, statutory body representing the Crown, State owned corporation or local council.cl 47I: Ins 8.4.2004. Subst 2007 (633), Sch 1 [6].
47J Exemptions from section 41L of the Act in relation to contracts with secretary, manager, close relatives and others
(1) A contract entered into by a registered club for the provision of goods or services by a person or body referred to in section 41L (1) of the Act is exempt from that section if:(a) the premises of the club for which the goods and services are to be provided are not situated in the metropolitan area, and(b) the contract has been entered into as a result of an open tender process conducted by the club.(2) In this clause, 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).cl 47J: Ins 8.4.2004. Am 2007 (633), Sch 1 [7] [8].
47K Pecuniary interests in companies (section 41K of the Act)
The following guidelines are prescribed under section 41ZC of the Act for determining whether or not a member of the governing body of a registered club, or a top executive of a registered club, has a pecuniary interest in a company for the purposes of section 41K (1) of the Act:(a) a shareholding of more than 5% in a company is a pecuniary interest (unless the company is of a kind referred to in paragraph (b)),(b) any shareholding interest in a company that carries on the business of supplying gaming machines or liquor to the club is a pecuniary interest.cl 47K: Ins 8.4.2004. Subst 2007 (633), Sch 1 [9].
Part 7 Miscellaneous
48, 48A (Repealed)
cl 48: Subst 27.9.1996. Rep 2008 (252), Sch 1 [6].
cl 48A: Ins 9.1.1998. Rep 2008 (252), Sch 1 [6].
49 Notification of cessation as secretary
For the purposes of section 32 (3) of the Act, the prescribed notification is a notification in writing containing the following particulars:(a) the name and address of the registered club,(b) the registration number,(c) the former secretary’s name,(d) the date on which the former secretary ceased to be the secretary and the reason for the cessation.
50–50B (Repealed)
cl 50: Rep 2007 (633), Sch 1 [10].
cl 50A: Ins 22.12.2000. Subst 21.12.2001. Am 6.6.2003; 16.7.2004. Rep 2008 (252), Sch 1 [6].
cl 50B: Ins 10.1.2003. Subst 2.7.2004. Rep 2008 (252), Sch 1 [6].
50C Exceptions to 5-kilometre rule
(1) The object of this clause is to enable local residents (that is, persons who ordinarily reside within a radius of 5 kilometres from the premises of a registered club) to be admitted as temporary members of that club in certain circumstances.(2) Section 30 (3B) of the Act does not apply in relation to a person who ordinarily resides in an area that is for the time being approved by the Director as an excepted area for the purposes of this clause.Note—Under section 30 (3B) of the Act, a person whose ordinary place of residence is within a 5-kilometre radius of the premises of a registered club is not eligible for admission as a temporary member of that club.(3) The Director may, on application by a registered club, approve an area that is within a radius of 5 kilometres of the premises of the club as an excepted area.(4) Any such application must be in the form and manner approved by the Director and be accompanied by such information as may be required by the Director.(5) An area that is within a radius of 5 kilometres of the premises of a registered club may be approved as an excepted area only if the Director is satisfied that persons living in that area are required, because of a geographical or other physical barrier, to travel more than 5 kilometres (using the most direct or practicable route) in order to reach the premises of the club.(6) An approval under this clause:(a) is subject to such conditions as may be determined by the Director, and(b) may be varied or revoked at any time by the Director.(7) Without limiting the conditions to which an approval may be subject, the Director may impose a condition requiring the registered club to which the approval relates to indicate the excepted area concerned on the map displayed under section 30 (2A) (a) of the Act.cl 50C: Ins 2006 (794), Sch 1.
50D Approval of club rules that limit voting members to less than 50% of full members
(1) In this clause, voting member of a registered club means a full member who, under the rules of the club, is entitled to vote in an election of the governing body of the club.Note—Under section 30 (9) (a) of the Act, at least 25% of the club’s full members have to be voting members.(2) Any rule of a registered club that provides for its voting members to comprise less than 50% of the full members of the club has no effect unless:(a) the rule has been approved by a majority vote at a general meeting of the ordinary members of the club, and(b) the club has complied with such directions as may be given by the Director in relation to the rule.cl 50D: Ins 2007 (633), Sch 1 [11].
51 Penalty notice offences
For the purposes of section 66 of the Act:(a) each offence created by a provision of the Act or this Regulation specified in Column 1 of Schedule 3 is stated to be an offence to which that section applies, and(b) the prescribed penalty payable for such an offence if dealt with under that section is:(i) in the case of a person other than a minor—the amount specified in Column 2 of Schedule 3 (if any), or(ii) in the case of a minor—the amount specified in Column 3 of Schedule 3 (if any).cl 51: Am 3.3.2000; 1.2.2001; 2007 (633), Sch 1 [12].
51A Disciplinary action—persons authorised to make complaints
For the purposes of section 57F (1) of the Act, the general manager of a local council is authorised to make a complaint to the Authority under Part 6A of the Act.cl 51A: Ins 2008 (252), Sch 1 [12].
52, 53 (Repealed)
cl 52: Am 1.2.2001. Rep 2007 (633), Sch 1 [13].
cl 53: Am 7.11.1997; 2001 No 27, Sch 3.4. Rep 2008 (252), Sch 1 [6].
53A Transitional provision—application of club amalgamation provisions to “pre-committed” clubs
(1) A registered club that is a party to a proposed amalgamation under section 17A of the Act is taken to have complied with the requirements of sections 17AD and 17AE of the Act (as inserted by Schedule 3 [15] to the Gaming Machines Act 2001) with respect to the proposed amalgamation if:(a) an application under section 17A of the Act in relation to the proposed amalgamation was made before 26 July 2001, or(b) the Board 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 Board 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).(2) Accordingly, sections 17AD and 17AE of the Act do not apply to an application under section 17A of the Act if the parties to the proposed amalgamation are taken, as provided by subclause (1), to have complied with the requirements of those sections.(3) Section 17AH of the Act (as inserted by Schedule 3 [15] to the Gaming Machines Act 2001) does not apply to an application under section 17A of the Act if the parties to the proposed amalgamation are taken, as provided by subclause (1), to have complied with the requirements of sections 17AD and 17AE of the Act.cl 53A: Ins 28.3.2002.
54 Repeal
(1) The Registered Clubs Regulation 1983 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Registered Clubs Regulation 1983, had effect under that Regulation continues to have effect under this Regulation.
55 (Repealed)
cl 55: Ins 28.2.1997. Rep 28.3.2002.
55A Transitional provision—existing rules relating to full members’ entitlement to vote at election of club directors
If, immediately before 1 August 1997, the rules of a registered club provided, in accordance with section 30 (9) (a) of the Act, that a certain class or classes of the full members of the club only are entitled to vote at the annual election of the governing body of the club, those rules are taken to also apply to and in respect of the election of the club’s governing body on a biennial basis in accordance with section 30 (1) (a) (ii) of the Act (as amended by the Registered Clubs and Liquor Legislation Amendment Act 1997).cl 55A: Ins 1.8.1997.
56 Transitional provisions relating to Registered Clubs Amendment Act 2003
(1) Section 34A (1) of the Act has no operation until 9 October 2004.(2) Section 34D (1) and (2) of the Act do not apply to any appointment of a manager of a registered club that occurred before the commencement of that section.(3) If section 41C of the Act would (but for this subclause) operate so as to require a person to declare an interest that the person became aware of before the commencement of that section, the section is to be read as:(a) requiring the person to declare the interest at a meeting of the governing body of the registered club concerned as soon as practicable after that commencement, and(b) not requiring the person to declare an interest that has already been declared by the person under section 39 of the Act before the repeal of that section.(4) A return under section 41F of the Act for a financial year that began before the commencement of that section but ended after that commencement need only include gifts received during the part of the financial year that began on that commencement.(5) Section 41J of the Act does not apply to the disposal of land by a registered club in the following circumstances:(a) if a contract of sale of the land, or some other binding agreement to sell the land, was entered into by the club before that commencement,(b) if an option to buy the land was granted by the club before that commencement,(c) if a lease in relation to the land was entered into before the commencement of that section that included an option to renew that would take effect after that commencement,(d) if the club had given notice before that commencement that it intended to terminate a lease or licence held over the land by the club.cl 56: Ins 28.2.1997. Rep 28.3.2002. Ins 8.4.2004.
56A Time limit for determining pending matters before former Board
For the purposes of clause 97 (5) of Schedule 2 to the Act, the period of 6 months commencing on 1 July 2008 is prescribed.cl 56A: Ins 2008 (252), Sch 1 [13].
56B, 56C (Repealed)
cl 56B: Ins 28.8.1998. Rep 28.3.2002.
cl 56C: Ins 30.7.1999. Rep 28.3.2002.
Part 8
57–83 (Repealed)
pt 8, divs 1–5 (cll 57–83): Ins 15.5.1998. Rep 28.3.2002.
Schedules 1, 2 (Repealed)
sch 1: Rep 28.3.2002.
sch 2, hdg: Am 28.2.1997. Rep 28.3.2002.
sch 2: Am 28.2.1997; 21.11.1997; 9.10.1998; 30.7.1999; 12.4.2001. Rep 28.3.2002.
Schedule 3 Penalty notice offences
(Clause 51)
Offences under the Act
Column 1 | Column 2 | Column 3 |
Offence | Penalty (other than minors) | Penalty (minors) |
Section 22 (2) | $220 | — |
Section 22A (4) | $220 | — |
Section 23 (4) | $220 | — |
Section 23A (4) | $220 | — |
Section 32 (3) | $1,100 | — |
Section 34 (2) (a) | $550 | — |
Section 34 (2) (b) | $1,100 | — |
Section 41V | $1,100 | — |
Section 45 (1) | $110 | $55 |
Section 45A | $110 | $55 |
Section 47 (a) | $110 | — |
Section 47 (b) | $55 | — |
Section 49 | $55 | — |
Section 50B (2) | $220 | — |
Section 57J (5) | $110 | — |
Offences under this Regulation
Column 1 | Column 2 | Column 3 |
Offence | Penalty (other than minors) | Penalty (minors) |
Clause 47H | $550 | — |
Clause 47HA (1) | $550 | — |
sch 3: Am 3.7.1998. Subst 1.2.2001. Am 28.3.2002; 5.12.2003; 20.8.2004. Subst 2007 (633), Sch 1 [14]; 2008 (252), Sch 1 [14].
Schedules 4, 5 (Repealed)
sch 4: Ins 28.2.1997. Rep 28.3.2002.
sch 5: Ins 28.2.1997. Am 29.8.1997; 30.7.1999. Rep 28.3.2002.