Registered Clubs Act 1976

This section and section 1 shall commence on the date of assent to this Act.

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.

(Repealed)

In this Act—

of a full member, provisional member or honorary member of a registered club, means a person—

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

who, at all times while on the club premises, remains in the reasonable company of the member, and

who does not remain on the club premises any longer than the member, and

of a temporary member of a registered club, means a minor—

who, at all times while on the club premises, remains in the company and immediate presence of the member, and

who does not remain on the club premises any longer than the member, and

in relation to whom the member is a responsible adult.

the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or

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.

a parent, step-parent or guardian of the minor, or

the minor’s spouse or de facto partner, or

for the time being standing in as the parent of the minor.

the person who, under section 33, holds an approval of the Authority to act as the secretary of the club, or

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

if—

the person referred to in paragraph (a) has ceased to hold office or is absent from office, and

no person has been appointed as referred to in paragraph (b) to act as secretary of the club,

Notes included in this Act do not form part of this Act.

A reference in this Act to a person acting as the secretary of a registered club includes a reference to a person who—

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

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.

(Repealed)

The Minister may delegate to a person any function conferred or imposed on the Minister by this Act, other than this power of delegation.

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.

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.

The Secretary may delegate to a person any function conferred or imposed on the Secretary by this Act, other than this power of delegation.

(Repealed)

The following requirements apply in relation to a club—

The club shall be conducted in good faith as a club.

The club shall be—

a company within the meaning of the Corporations Act 2001 of the Commonwealth, or

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.

(Repealed)

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.

The club shall be established—

for social, literary, political, sporting or athletic purposes or for any other lawful purposes, and

for the purpose of providing accommodation for its members and their guests.

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.

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.

The premises of the club shall contain accommodation appropriate for the purposes of the club.

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.

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.

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—

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

reasonable and proper rent or occupation fees paid to the owner of the premises of the club,

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—

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

the keeping or operation of approved gaming machines in the club.

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.

The club must comply with any requirements imposed on the club under section 38.

The club must comply with any requirements imposed on the club by or under Part 4A.

The business conducted on the premises of the club must not be managed or controlled by any person or body other than—

the governing body of the club, or

the secretary of the club, or

the manager (within the meaning of the Liquor Act 2007) of the club premises, or

a person acting in a capacity referred to in section 41 (1) in respect of the club, or

a person appointed under section 41A in respect of the club, or

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.

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—

the nature of the premises of the club,

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),

whether any arrangements relating to the club have resulted in another person or body assuming the effective control of the club and its business,

such other matters as may be prescribed by the regulations.

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.

(Repealed)

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.

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—

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

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

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

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.

Subsection (1) (i) does not prevent a club from providing different benefits for different classes of members if—

the different benefit was being lawfully provided immediately before the commencement of this subsection, or

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.

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.

whose premises are situated within a radius of 24 kilometres from the General Post Office in Sydney is—

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

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

whose premises are situated elsewhere, is—

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

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.

The Governor may, by order published in the Gazette—

declare any club to be an exempt club for the purposes of section 10 (3), or

declare any club to be an exempt club for the purposes of section 10 (5) if—

the purposes, referred to in section 10 (1) (e) (i), for which the club is established are primarily athletic purposes, and

the management of the club is vested in trustees appointed by the Governor.

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.

2 or more registered clubs may amalgamate in accordance with this Division.

An amalgamation of 2 or more registered clubs—

is effected by—

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

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

is effected by—

the continuation of one of those clubs and the dissolution of the other club or clubs, and

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.

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.

In this Division—

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.

(Repealed)

A registered club that is a party to a proposed amalgamation must, in accordance with the regulations, notify its members of the proposed amalgamation.

(Repealed)