New South Wales: Registered Clubs Act 1976 (NSW)

Registered Clubs Act 1976 No 31 An Act to make provision with respect to the rules and management of registered clubs; to amend the Gaming and Betting Act 1912 and certain other Acts; to validate certain matters; and for purposes connected therewith. Part 1 Preliminary 1 Name of Act This Act may be cited as the Registered Clubs Act 1976. Note— This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials). 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 (3) (Repealed) 3, 3A (Repealed) 4 Definitions (1) In this Act— adult means a person of or above the age of 18 years. amalgamated club means a registered club that results from the amalgamation of 2 or more registered clubs as referred to in Division 1A of Part 2. approved gaming machine has the same meaning as in the Gaming Machines Act 2001. authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002. Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007. close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007. club licence means a club licence granted under the Liquor Act 2007. exercise a function includes perform a duty and function includes a power, authority or duty. financial institution means a bank or authorised deposit-taking institution. full member, in relation to a club, means a person who is an ordinary member or a life member of that club. 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 2007. inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007. life member of a club means a person who is elected to membership of the club for life. liquor has the same meaning as it has in the Liquor Act 2007. local consent authority, in relation to premises or proposed premises of a registered club, means— (a) 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. member of a club means a person who is a full member, a provisional member, an honorary member or a temporary member of the club. ordinary member of a club means a person who is elected to membership of the club in accordance with the rule of the club referred to in section 30 (1) (g). provisional member of 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 that holds a club licence. Registered Clubs Accountability Code (or the Code) means the Registered Clubs Accountability Code prescribed by the regulations under section 41C. responsible adult, in relation to a minor, means an adult who is— (a) a parent, step-parent or guardian of the minor, or (b) the minor's spouse or de facto partner, or (c) for the time being standing in as the parent of the minor. Secretary means the Secretary of the Department of Enterprise, Investment and Trade. secretary of a club means— (a) the person who, under section 33, holds an approval of the Authority to act as the secretary of the club, or (b) if the person 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 the club to act as its secretary, or (c) if— (i) the person referred to in paragraph (a) has ceased to hold office or is absent from office, and (ii) no person has been appointed as referred to in paragraph (b) to act as secretary of the club, any person who is acting for the time being as the secretary of the club. temporary member, in relation to a club, means a person who, under the rules of the club, is a temporary member of that club. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act. (3) A reference in this Act to a person acting as the secretary of a registered club includes a reference to a person who— (a) holds or acts in a position in the management of the club (other than as a member of the governing body of the club), and (b) 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) A reference in this Act to a temporary member of a club includes a person who has become a member of the club in accordance with section 30(5B). (5) Subsection (4) and this subsection are repealed at the end of 31 December 2025. 4A–6 (Repealed) 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 Secretary may delegate to a person any function conferred or imposed on the Secretary by this Act, other than this power of delegation. (5) (Repealed) Part 2 Club requirements, amalgamations, de-amalgamations and certain authorities Division 1 General requirements 7–9A (Repealed) 10 Requirements to be met by clubs (1) The following requirements apply in relation to a club— (a) The club shall be conducted in good faith as a club. (b) The club shall be— (i) a company within the meaning of the 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) (Repealed) (d) The membership of the club shall consist of or include not less than such number of ordinary members as is prescribed in respect of it by section 12. (e) The club shall be established— (i) for social, literary, political, sporting or athletic purposes or for any other lawful purposes, and (ii) for the purpose of providing accommodation for its members and their guests. (e1) If the regulations prescribe objects that are to apply in relation to specified types of clubs, the club is, if it is of such a type, to have the objects so prescribed in relation to that type of club. (f) The club shall have premises of which it is the bona fide occupier for the purposes of the club and which are provided and maintained from the funds of the club. (g) The premises of the club shall contain accommodation appropriate for the purposes of the club. (h) The premises of the club shall contain a properly constructed bar room but shall not contain a separate area for the sale or supply of liquor to be carried away from those premises to which area there is direct access from outside any building that is part of those premises. (i) A member of the club, whether or not he or she is a member of the governing body, or of any committee, of the club, shall not be entitled, under the rules of the club or otherwise, to derive, directly or indirectly, any profit, benefit or advantage from the club that is not offered equally to every full member of the club. (j) Only the club and its members are to be entitled under the rules of the club or otherwise to derive, directly or indirectly, any profit, benefit or advantage from the ownership or occupation of the premises of the club unless the profit, benefit or advantage is in the form of— (i) reasonable and proper interest paid to a lender on any loan made to the club that is secured against the premises of the club, or (ii) reasonable and proper rent or occupation fees paid to the owner of the premises of the club, being, in either case, a payment arising out of dealings reasonably carried out, or contracts reasonably made, with the club in the ordinary course of its lawful business. (k) The secretary or manager, or any employee, or a member of the governing body or of any committee, of the club is not entitled to receive, either directly or indirectly, any payment calculated by reference to— (i) the quantity of liquor purchased, supplied, sold or disposed of by the club or the receipts of the club for any liquor supplied or disposed of by the club, or (ii) the keeping or operation of approved gaming machines in the club. (k1) The membership of the governing body of the club must not, on and from such date (or the happening of such event) as may be prescribed by the regulations, exceed 9 persons. (l) The club must comply with any requirements imposed on the club under section 38. (m) The club must comply with any requirements imposed on the club by or under Part 4A. (n) The business conducted on the premises of the club must not be managed or controlled by any person or body other than— (i) the governing body of the club, or (ii) the secretary of the club, or (iii) the manager (within the meaning of the Liquor Act 2007) of the club premises, or (iv) a person acting in a capacity referred to in section 41 (1) in respect of the club, or (v) a person appointed under section 41A in respect of the club, or (vi) a person who is exercising functions relating to the management of the business or affairs of the club under a management contract entered into in accordance with the Registered Clubs Accountability Code. (2) For the purposes of determining whether a club is being conducted in good faith as a club, as required by subsection (1) (a), regard is to be had to the following— (a) the nature of the premises of the club, (b) whether the club has been under administration for an extended period of time (whether as an externally-administered body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, or otherwise), (c) whether any arrangements relating to the club have resulted in another person or body assuming the effective control of the club and its business, (d) such other matters as may be prescribed by the regulations. (3) Subsection (1) (b) does not apply in respect of Tattersall's Club referred to in the 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 clause 9 of Schedule 5 to the Sporting Venues Authorities Act 2008 or in respect of any club declared under section 13 (1) (a) to be an exempt club for the purposes of this subsection. (4) (Repealed) (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 Authority, 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 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 Authority, the deriving of or entitlement to the profit, benefit or advantage is reasonable in the circumstances of the case. 11 (Repealed) 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 Authority 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 Authority may in special circumstances determine in respect of the club. 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 (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. 14–17AAE (Repealed) Division 1A Provisions relating to club amalgamations 17AB Club amalgamations (1) 2 or more registered clubs may amalgamate in accordance with this Division. (2) An amalgamation of 2 or more registered clubs— (a) is effected by— (i) the dissolution of each of those clubs and the formation of a new club that owns or occupies the same premises (or part of the same premises) of at least one of the dissolved clubs, and (ii) the transfer, under section 60 of the Liquor Act 2007, to the new club of the club licence or licences held by the dissolved club or clubs in respect of those premises, or (b) is effected by— (i) the continuation of one of those clubs and the dissolution of the other club or clubs, and (ii) the transfer, under section 60 of the Liquor Act 2007, of the club licence held by each of those dissolved clubs to the continuing club. Note— Under section 60 (6) of the Liquor Act 2007 the club licence held by a dissolved club may be transferred to the parent (or amalgamated) club only if the Authority is satisfied that the requirements of this Division have been complied with. (3) This Division (including any regulations made in relation to club amalgamations) extends, with such modifications as are necessary, to a proposed amalgamation in which one of the parties involved comprises those members of an amalgamated club who represent the interests of a proposed de-amalgamated club (being a club that is to result from a de-amalgamation under Division 1B). Accordingly, a reference in this Division (and in any such regulation) to a registered club includes a reference to a proposed de-amalgamated club and the members of that proposed de-amalgamated club are taken to be the members of the amalgamated club before the de-amalgamation. 17AC Definitions (1) In this Division— dissolved club, in relation to the amalgamation or proposed amalgamation of 2 or more registered clubs, means the club whose club licence is, or is to be, transferred under section 60 of the Liquor Act 2007 to another registered club. main premises of a parent club means the premises that are, in the opinion of the Authority, the main premises of the club. parent club, in relation to the amalgamation or proposed amalgamation of 2 or more registered clubs, means the registered club to which the club licence of another club is, or is to be, transferred under section 60 of the Liquor Act 2007. (2) Before any 2 or more registered clubs amalgamate, 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 in this Division and in Division 1B as, the members of the dissolved club. 17AD (Repealed) 17AE Club members to be notified of proposed amalgamation (1) (Repealed) (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), (4) (Repealed) 17AEA Submissions in relation to club amalgamations (1) Any person may, subject to and in accordance with the regulations, make a written submission to the Authority in relation to a proposed amalgamation under this Division. (2) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to approve the transfer of the licence of the dissolved club under section 60 of the Liquor Act 2007. 17AEB Other matters to be considered in relation to club amalgamations Without limiting section 60 of the Liquor Act 2007, the Authority may not approve of the transfer of the licence of a dissolved club under that Act unless the Authority is satisfied that— (a) the parent club will meet the requirements set out in section 10 (1), and (b) the parent club will be financially viable, and (c) the proposed amalgamation is in the interests of the members of each of the clubs that are amalgamating, and (d) the proposed amalgamation has been approved in principle at separate extraordinary general meetings of the ordinary members of each of the clubs proposing to amalgamate. 17AF Limit of 10 amalgamations per club (1) The total number of other clubs that a registered club (the relevant club) may amalgamate with is 10. (2) The total number of amalgamations for the relevant club does not include the following— (a) any club that is no longer amalgamated with the relevant club following a de-amalgamation under Division 1B, (b) any premises of the relevant club that have ceased to trade on a permanent basis. 17AG, 17AH (Repealed) 17AI Major assets of dissolved club to be kept intact (1) During the period of 3 years following the amalgamation of 2 or more registered clubs (or during such longer period as may be agreed on by the clubs concerned before the amalgamation), the parent club must not dispose of any of the major assets of the dissolved club unless the disposal has been approved by the Authority. Maximum penalty—100 penalty units. (2) The Authority may approve of the disposal of any of the major assets of the dissolved club only if the Authority 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 assets that are of a class prescribed by the regulations. Division 1B Provisions relating to club de-amalgamations 17AJ Club de-amalgamations (1) An amalgamated club may de-amalgamate in accordance with this Division. (2) The de-amalgamation of an amalgamated club is effected by— (a) the formation of a new registered club (referred to in this Division as the de-amalgamated club), and (b) the transfer to the de-amalgamated club of the title to (or of the right to occupy) the premises (or any part of the premises) that were, immediately before the amalgamation with the parent club, owned or occupied by the dissolved club (referred to in this Division as the relevant premises), and (c) the transfer to the de-amalgamated club, under section 60 of the Liquor Act 2007, of the club licence held by the amalgamated club in respect of the relevant premises. Note— Under section 60 (6) of the Liquor Act 2007 the club licence held by the amalgamated club for the relevant premises may be transferred to the de-amalgamated club only if the Authority is satisfied that the requirements of this Division have been complied with. (3) In this Division— dissolved club and parent club have the same meanings as in Division 1A. (4) For the purposes of this Division, the members of the dissolved club include any person who, following the amalgamation, has become a member of the amalgamated club but only in relation to the relevant premises. 17AK Notification of proposed de-amalgamation and making of submissions (1) If an amalgamated club is proposing to de-amalgamate, the club must, in accordance with the regulations, notify its members of the proposed de-amalgamation. (2) Any person may, subject to and in accordance with the regulations, make a written submission to the Authority in relation to a proposed de-amalgamation under this Division. (3) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to approve the transfer under section 60 of the Liquor Act 2007 to the de-amalgamated club of the licence held by the parent club in respect of the relevant premises. 17AL Statement relating to proposed de-amalgamation (1) If an amalgamated club is proposing to de-amalgamate, the club must prepare a statement containing the information required by the regulations in relation to the proposed de-amalgamation. (2) Any such statement must be made available in the manner required by the regulations. 17AM Other matters to be considered in relation to club de-amalgamations Without limiting section 60 of the Liquor Act 2007, the Authority may not approve the transfer to the de-amalgamated club of the licence held by the parent club in respect of the relevant premises unless the Authority is satisfied that— (a) the de-amalgamated club will meet the requirements set out in section 10 (1), and (b) the de-amalgamated club will be financially viable, and (c) the proposed de-amalgamation is in the interests of the members of the parent club and the dissolved club, and (d) the proposed de-amalgamation has been approved in principle at separate extraordinary general meetings of the ordinary members of the parent club and the members of the dissolved club. 17AN Membership of de-amalgamated club (1) If an amalgamated club is de-amalgamated, the members of the dissolved club who have continued to be members of the parent club up until the time of the de-amalgamation are, subject to the regulations, entitled to become members of the de-amalgamated club. (2) Any such members of the dissolved club are, on becoming members of the de-amalgamated club, entitled to continue as members of the parent club. 17AO Transfer of relevant premises to de-amalgamated club Despite section 41E (1) (c), the transfer by an amalgamated club of the relevant premises to the de-amalgamated club may be effected by means of private treaty. Division 2 Certain authorisations in relation to clubs 17A–21 (Repealed) 22 Non-restricted areas (1) The Authority may, on application by or on behalf of a registered club, grant an authorisation (a non-restricted area authorisation) to the club specifying a part or parts of the premises of the club as a non-restricted area. (2) A registered club and the secretary of the club are each guilty of an offence if any conditions of a non-restricted area authorisation held by the club are contravened. Maximum penalty—20 penalty units in the case of the registered club and 10 penalty units in the case of the secretary. Note— Section 23A makes provision for the conditions to which a non-restricted area authorisation is subject. 22A Access to club premises by junior members (1) The Authority may, on application by or on behalf of a registered club, grant an authorisation (a junior members authorisation) to allow members of the club who are under the age of 18 years access to areas of the club premises that would otherwise be restricted to those members, but only for the purpose of taking part in sporting activities or a prize-giving ceremony associated with sporting activities. (2) Without limiting the conditions that may be imposed by the Authority under section 23A in relation to a junior members authorisation, any such conditions may relate 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 authorisation, (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 authorisation 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 authorisation, (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 authorisation. (3) It is a condition of a junior members authorisation 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 authorisation. (4) A registered club and the secretary of the club are each guilty of an offence if any conditions of a junior members authorisation held by the club are contravened. Maximum penalty—20 penalty units in the case of the registered club and 10 penalty units in the case of the secretary. Note— Section 23A also makes provision for the conditions to which a junior members authorisation is subject. 23 Functions on club premises (1) The Authority may, on application by or on behalf of a registered club, grant an authorisation (a club functions authorisation) to the club to permit persons— (a) who are not members of the club, or (b) who are under the age of 18 years, to attend, in a specified part of the club premises, functions of a cultural, educational, religious, patriotic, professional, charitable, political, literary, sporting, athletic, industrial or community nature. Any such function may include a wedding. (2) A club functions authorisation is to designate function areas (that is, each part of the club premises on which the functions concerned are permitted to be held) and access areas (that is, each part of the club 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 club functions authorisation is subject to the following conditions, but only to the extent that it authorises functions for minors on the club premises— (a) at least 7 days notice must be given to the local police before any function is held, (b) the notice must specify the name and nature of the function, the number of minors attending, the number of adult supervisors, details of the security arrangements and such other particulars as may be prescribed by the regulations, (c) the secretary of the club and person conducting the function must comply with any directions given by the local police or the Authority with respect to the conduct of functions for minors, (d) liquor must not be sold, supplied, disposed of or consumed in the area in which any function is held, (e) gaming machines must not be located in the area in which any function is held and any area of the club in which gaming machines are located must not be accessible to any minor attending the function, (f) such other conditions as may be prescribed by the regulations. Note— Section 23A also makes provision for the conditions to which a club functions authorisation is subject. (4) A registered club and the secretary of the club are each guilty of an offence if— (a) any conditions of a club functions authorisation held by the club are contravened, or (b) a function is held pursuant to the club functions authorisation otherwise than in accordance with the approval of the governing body of the club. Maximum penalty—20 penalty units in the case of the registered club and 10 penalty units in the case of the secretary. (5) It is a defence to a prosecution of a secretary of a club for an offence under subsection (4) 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. 23A General provisions applying to authorisations (1) This section applies to the following authorisations— (a) a non-restricted area authorisation, (b) a junior members authorisation, (c) a club functions authorisation. (2) An application for an authorisation must— (a) be in the form and manner approved by the Authority, and (b) be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and (c) if required by the regulations to be advertised—be advertised in accordance with the regulations, and (d) comply with such other requirements as may be approved by the Authority or prescribed by the regulations. (3) In determining an application for an authorisation, the Authority has the same powers in relation to the application as the Authority has under the Liquor Act 2007 in relation to an application for a licence under that Act. (4) If, before an application for an authorisation is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection), the applicant must immediately notify the Authority of the particulars of the change. Maximum penalty—20 penalty units. (5) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for an authorisation. (6) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the authorisation. (7) The regulations may prescribe, or provide for the determination of, a fee in respect of the granting of an authorisation. If any such fee is prescribed or determined, the authorisation does not take effect until the fee has been paid. (8) The Authority may, in granting an authorisation, specify requirements that are to be complied with before the authorisation takes effect. The authorisation does not take effect until such time as any such requirements have been complied with. (9) An authorisation— (a) is subject to such conditions— (i) as are imposed by the Authority (whether at the time the authorisation is granted or at a later time), or (ii) as are imposed by this Act or as are prescribed by the regulations, and (b) may be varied or revoked by the Authority on the Authority's initiative or on application by the registered club that holds the authorisation, the Secretary or the Commissioner of Police. (10) Any such application by a registered club to vary or revoke an authorisation (including any conditions to which the authorisation is subject that have been imposed by the Authority) must be accompanied by the fee prescribed by the regulations. (11) An authorisation has effect only while all the conditions to which it is subject are being complied with. (12) The Authority must not impose a condition on an authorisation or revoke or vary an authorisation unless the Authority has— (a) given the registered club that holds the authorisation a reasonable opportunity to make submissions in relation to the proposed decision, and (b) taken those submissions into consideration before making the decision. (13) Subsection (12) does not apply if the registered club has applied for the authorisation to be revoked or varied. (14) This section does not authorise the revocation or variation of a condition to which an authorisation is subject if the condition is imposed by this Act or is prescribed by the regulations. 23AA–24 (Repealed) Divisions 3, 4 25–29 (Repealed) 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) Except as provided by paragraphs (a1) and (a2), the governing body of the club responsible for the management of the business and affairs of the club is to be elected— (i) annually, or (ii) if a rule of the club so provides—biennially, or (iii) if a rule of the club so provides—in accordance with Schedule 4, at an election in respect of which the full members only of the club (or a subclass of full members determined by a rule of the kind referred to in subsection (9)) are entitled to vote. (a1) If the regulations so provide, any election under paragraph (a) is to be in accordance with Schedule 4. (a2) If the regulations so provide, the members of the club who are entitled to vote at an election of the governing body of the club are such members (or class of members) of the club as may be specified in the regulations for the purposes of this paragraph. (b) Except as provided by paragraph (b1), a person shall not hold office as a member of the governing body of the club unless the person is a full member of the club. (b1) The governing body of the club may include, at any one time, no more than such number of persons (whether or not full members of the club) as may be prescribed by the regulations who are appointed, in accordance with the regulations, by the elected members of the governing body of the club. (c) The governing body of the club shall hold a meeting at least once in each quarter and minutes of all proceedings and resolutions of the governing body shall be kept and entered in a book provided for the purpose. (d) A person shall not— (i) attend or vote at any meeting of the club or of the governing body or any committee of the club, or (ii) vote at any election of, or of a member of, the governing body of the club, as the proxy of another person. (e) (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. (h1) An employee of the club must not vote at any election of the governing body of another club or association if any member of that governing body would, as the result of that election, be entitled or qualified to be appointed (or be nominated for appointment) to the governing body of the registered club. (i) Any profits or other income of the club shall be applied only to the promotion of the purposes of the club and shall not be paid to or distributed among the members of the club. (j) (Repealed) (2) The rules of a registered club shall be deemed also to include the following rules— (a) The names 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. (d) Liquor must not be sold, supplied or disposed of on the premises of the club to any person who is not a member of the club except— (i) on the invitation and in the company of a member of the club, or (ii) if the person is attending a function in respect of which a club functions authorisation under section 23 is in force. (e) A person under the age of 18 years must not be admitted as a member of the club unless the purpose of membership is to enable the person to take part in regular sporting activities organised by the club. (f) A person under the age of 18 years shall not propose or second a person for admission as a member of the club. (g) Liquor shall not be sold, supplied or disposed of on the premises of the club to any person under the age of 18 years. (h) A person under the age of 18 years shall not use or operate approved gaming machines on the premises of the club. (i) A register of persons who are full members of the club shall be kept in accordance with section 31. (j) A register of persons who are honorary members of the club (other than honorary members referred to in section 30A) is to be kept in accordance with section 31. (j1) (Repealed) (k) A register of persons of or above the age of 18 years who enter the premises of the club as guests of members shall be kept in accordance with section 31. (l) A register of persons who are temporary members of the club (other than temporary members referred to in subsection (10) or in section 30B) is to be kept in accordance with section 31. (m) A register of temporary members of the club (other than temporary members referred to in subsection (10) or in section 30B) who attend the club each day is to be kept in accordance with section 31 either as a separate register or as part of the register referred to in paragraph (l). (n) A register of persons who are admitted as temporary members of the club for an extended period as referred to in section 30B is to be kept in accordance with section 31 either as a separate register or as part of the register referred to in paragraph (l). (o) (Repealed) (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) (Repealed) (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. (2B) If the rules of a registered club require ordinary members of the club to pay a membership fee, the rules must specify— (a) the amount of the fee, or (b) the procedure for determining the amount of the fee. (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), (3C) (Repealed) (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. (5B) Subsection (2)(c)(i) does not apply to a provision in the rules of a club that prohibits a person from being admitted as a temporary member of the club because the person's ordinary place of residence is— (a) within New South Wales, and (b) within a radius of 5km from the premises of the club. (6) Subsection (2) (d) does not apply— (a) in respect of the Sydney Cricket Ground Club, the merged racing club (within the meaning of the Australian Jockey and Sydney Turf Clubs Merger Act 2010), the Newcastle International Sports Centre Club referred to in clause 9 of Schedule 5 to the Sporting Venues Authorities Act 2008 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 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 25% 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). (d) (Repealed) (9A) Subsection (9) (a) is subject to any regulations made under subsection (1) (a2). (9B) The regulations made under subsection (1)(a2) may require a registered club to comply with a direction of the Secretary relating generally to the election of the governing body of the club and which members are entitled to vote. (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 gaming 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. (13A) Subsection (5B) and this subsection are repealed at the end of 31 December 2025. (14) In this section— quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December. 30A Honorary membership of RSL or services clubs for serving and ex-service Defence Force personnel (1) The rules of each RSL or services club are taken to include a rule that any person attending the club premises who produces evidence that the person is a serving member of the Australian Defence Force is taken to have been admitted as an honorary member of the club for the day the person attends the club premises. (2) The rules of each RSL or services club are also taken to include a rule that any person attending the club premises who— (a) is a former member of the Australian Defence Force, and (b) produces evidence that the person is a Service Member of the RSL and a member of at least one other RSL or services club, is taken to have been admitted as an honorary member of the club for the day the person attends the club premises. (3) Section 30 (2) (c) does not apply in relation to a person who is taken to be admitted as an honorary member of an RSL or services club under this section. (4) In this section— Australian Defence Force includes the armed forces of the Commonwealth, however described. RSL means the Returned and Services League of Australia. RSL or services club means— (a) an RSL, Services, Ex-services, Memorial, Legion or other similar club that is a registered club, or (b) a registered club that has objects similar to, or that amalgamated with, a club of the kind referred to in paragraph (a). 30B Admission of temporary members for extended period (1) If the rules of a registered club provide for the admission of temporary members, the rules are taken to include a rule that persons may be admitted as temporary members of the club for a period of up to, but not exceeding, 7 consecutive days (or for such longer period as the Authority may approve in writing in relation to that club). (2) The Authority cannot, under subsection (1), approve a period that is more than 30 consecutive days. 30C Meetings and voting (1) The rules of a registered club are taken to include the rules specified in subsection (3). (2) A rule of a registered club is void to the extent that it is inconsistent with a rule specified in subsection (3). (3) A registered club, or a governing body or committee of the club, may— (a) distribute a notice of, or information about, a meeting or election of the registered club, governing body or committee by electronic means, and (b) hold a meeting at which all or some persons attend by electronic means but only if a person who speaks at the meeting can be heard by the other persons attending, and (c) allow a person entitled to vote at a meeting of the registered club, governing body or committee to vote in person or by electronic means. (4) Nothing in this section prevents the rules of a registered club from allowing a person entitled to vote at a meeting of the registered club, or a governing body or committee of the club, to vote by post. 31 Manner of keeping registers relating to members and guests (1) A register kept for the purposes of— (a) section 30(2)(i) must include— (i) the full name and address of each full member, and (ii) if the rules of the registered club require the payment of a membership fee—the date on which the member last paid the fee. (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, (b1) (Repealed) (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, (f) section 30 (2) (n) in relation to temporary members referred to in section 30B is to have entered in it, when any such temporary member enters the club premises for the first time, the full name, or the surname and initials, and the address, of the temporary member together with his or her signature. Note— A person who is admitted as a temporary member for an extended period under section 30B does not have to sign in each time the person enters the club's premises as such a member. (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. 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) (Repealed) 33 Approval of person to act as secretary of registered club (1) A person may apply to the Authority for approval to act as the secretary of a registered club. Any such application is to be in the form and manner approved by the Authority. (2) The Authority may grant such an approval or refuse to grant the approval. (3) The Authority must refuse to grant an approval of a person to act as secretary of a registered club if the Authority is satisfied that the applicant is not a fit and proper person to act as the secretary of a registered club. (4) The Authority must not refuse to grant an approval unless the Authority has given the applicant an opportunity to make written submissions in relation to the application and has taken any such submissions into consideration before making the decision. 33A Secretary or manager of club prohibited from holding hotel licence (1) A person who is the secretary of a registered club or the manager (within the meaning of the Liquor Act 2007) of the premises of a registered club must not— (a) hold a hotel licence under the Liquor Act 2007, 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 hotel licence or a financial interest in a hotel granted to or acquired by the person concerned before the commencement of this section. 34 Prohibition on unapproved persons acting as secretary of club (1) A person must not act as the secretary of a registered club unless the person is the approved secretary of the club. Maximum penalty—50 penalty units. (2) A registered club must not appoint a person to act as the secretary of the club unless the person is the approved secretary of the club. Maximum penalty—100 penalty units. (3) This section does not prevent a person who is not the approved secretary of a registered club from acting, or being appointed to act, as the secretary of a registered club for a period of not more than 2 months (or such longer period as the Authority may, on application by the person or club, approve) if the Authority is given notice of the person's appointment as the secretary of the club within 7 days of the appointment. (4) In this section, approved secretary of a registered club means the person approved by the Authority under section 33 to act as the secretary of the club. 34A–35 (Repealed) 35A Secretary may carry out inquiries and investigations (1) The Secretary may carry out such investigations and inquiries as the Secretary considers necessary in connection with— (a) a complaint or proposed complaint under Part 6A in relation to the secretary, or a member of the governing body, of a registered club, or (b) compliance with the provisions of Part 4A (including the provisions of the Registered Clubs Accountability Code) by a registered club or member of the governing body or employee of a registered club. (2) The Commissioner of Police is to inquire into, and report to the Secretary on, such matters as the Secretary may request concerning a person who is the subject of an investigation under this section. (3) The Secretary 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, in the opinion of the Secretary, is relevant to the investigation and is specified in the notice, (b) produce, in accordance with directions in the notice, such records as, in the opinion of the Secretary, 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 Secretary such authorities and consents as the Secretary requires for the purpose of enabling the Secretary 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 Secretary contained in a notice under subsection (3). Maximum penalty (subsection (5)): 20 penalty units. 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 Electoral Act 2017. (2) An order under subsection (5) in respect of a registered club may be made by the Authority— (a), (b) (Repealed) (c) upon an application made by a full member referred to in the definition of appropriate number of full members in subsection (1) if— (i) that application is accompanied by a request in writing for the making of the order that is signed by at least the appropriate number of full members of the club and shows the names in full or the surnames and the initials of the given names of the signatories, and (ii) notice in writing of intention to make the application was given to the club at least 21 clear days before the application is made. (d) (Repealed) (3) (Repealed) (4) An application purporting to be an application referred to in subsection (2) (c) and accompanied by a request purporting to be a request so referred to, shall be deemed to be a valid application unless the Authority is satisfied— (a) that the application was not made by a full member referred to in the definition of appropriate number of full members in subsection (1), (b) that the request— (i) is not signed by at least the appropriate number of full members of the club, or (ii) does not show the names in full or the surnames and initials of the given names of the signatories, or (c) that notice of intention to make the a