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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Registered Clubs Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Registered Clubs Act 1976 No 31 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Registered Clubs Amendment Bill 2006
Act No , 2006
An Act to amend the Registered Clubs Act 1976 to make further provision with
respect to club amalgamations, rules and membership of clubs, reporting and
disclosure requirements and the disposal of club property; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Registered Clubs Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Registered Clubs Amendment Act 2006.
2 Commencement
This Act commences on a day or day to be appointed by proclamation.
3 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Registered Clubs Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 10 Requirements to be met by clubs
Omit section 10 (1) (l). Insert instead:
(l) The club must comply with any requirements imposed on
the club under section 38.
[2] Section 17 Determination of complaints against registered clubs
Omit "37, 39, 40," from section 17 (1AA) (a) (x).
[3] Section 17AC Definitions
Omit the definition of metropolitan area from section 17AC (1).
[4] Section 17AC (1), definition of "same area"
Omit the definition. Insert instead:
same area, in relation to the amalgamation or proposed
amalgamation of 2 or more registered clubs, means the area
within a radius of 50 kilometres of the main premises of the
parent club.
[5] Section 17AD Deed of amalgamation
Omit the section.
[6] Section 17AE Requirements in relation to club amalgamations
Insert "and the regulations" after "this section" in section 17AE (1).
[7] Section 17AE (3) and (4)
Omit the subsections.
[8] Section 17AF General limit of 10 amalgamations per club
Omit "4" from section 17AF (1). Insert instead "10".
[9] Section 17AF (2)(4)
Omit the subsections.
[10] Section 17AG Clubs that have already amalgamated with more than 4
other clubs
Omit the section.
Page 3
Registered Clubs Amendment Bill 2006
Schedule 1 Amendments
[11] Section 17AH Clubs allowed to amalgamate if situated in same area only
Omit "is not able" wherever occurring in section 17AH (2).
Insert instead "is not, after calling for expressions of interests in accordance
with the regulations from clubs in the same area, able".
[12] Section 17AI Major assets of dissolved club to be kept intact
Omit "the assets identified in a notice under section 17AE" from the definition
of major assets in section 17AI (3).
Insert instead "assets that are of a class prescribed by the regulations".
[13] Section 25 Grounds of objection
Insert "(including any regulations made under or for the purposes of that
Division)" after "this Part" in section 25 (2) (g).
[14] Section 30 Rules of registered clubs
Insert after section 30 (1) (a):
(a1) In the case of a club that has more than 10,000 full
members, the election of the governing body of the club is
to be conducted by a person or body approved by the
Director.
(a2) In the case of a club that has 10,000 or less full members,
the election of the governing body of the club is to be
conducted in such manner as may be determined by the
regulations.
[15] Section 30 (1) (b1) and (b2)
Insert after section 30 (1) (b):
(b1) A person is not eligible to stand for election as a member
of the governing body of the club unless the person
declares in writing that the person has received the
education and training material for club directors that is
approved by the Director.
(b2) Any such written declaration is to be kept by the club in a
register for a period of at least 3 years and made available
to the Director on request.
Page 4
Registered Clubs Amendment Bill 2006
Amendments Schedule 1
[16] Section 30 (1) (h1)
Insert after section 30 (1) (h):
(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.
[17] Section 30 (2) (j)
Insert "(other than honorary members referred to in section 30A)" after "of the
club".
[18] Section 30 (2) (j1)
Insert after section 30 (2) (j):
(j1) A register of persons who are honorary members of the
club, being persons referred to in section 30A, who attend
the club on any day is to be kept in accordance with section
31 as a separate register from the register referred to in
paragraph (j).
[19] Section 30 (2) (n) and (o)
Omit the paragraphs.
[20] Section 30 (2A) (a)
Omit "a map".
Insert instead "subject to any exception created by the regulations under
subsection (3C), a map".
[21] Section 30 (3B)
Omit "is not more than". Insert instead "is within a radius of".
[22] Section 30 (3C)
Insert after section 30 (3B):
(3C) The regulations may create exceptions to subsection (3B).
[23] Section 30 (9) (a)
Omit "a majority". Insert instead "25%".
Page 5
Registered Clubs Amendment Bill 2006
Schedule 1 Amendments
[24] Section 30A
Insert after section 30:
30A Honorary membership of RSL or services clubs for serving
Defence Force personnel
(1) The rules of each RSL or services club are taken to include a rule
that any person who:
(a) is a member of the Australian Defence Force, and
(b) attends the premises of the club, and
(c) produces evidence that the person is a 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.
Note. Any such honorary member is required to sign in as an honorary
member--see section 45 (a1).
(2) 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.
(3) In this section:
Australian Defence Force includes the armed forces of the
Commonwealth, however described.
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 has
amalgamated with, a club referred to in paragraph (a).
[25] Section 31 Manner of keeping registers relating to members and guests
Insert after section 31 (1) (b):
(b1) section 30 (2) (j1) in relation to honorary members referred
to in section 30A is to have entered in it, when any such
honorary member first enters the club premises on any day,
the full name, or the surname and initials, and the address,
of the honorary member together with his or her signature,
[26] Section 34E Responsibilities and liabilities of managers of premises of
registered clubs
Omit "and 35A" from section 34E (4). Insert instead ", 35A and 56".
Page 6
Registered Clubs Amendment Bill 2006
Amendments Schedule 1
[27] Section 37 Lodgment of registered club's balance sheet and profit and
loss account or income and expenditure account
Omit the section.
[28] Section 37A Lodgment of certain information
Omit the section.
[29] Section 38 Reporting requirements of registered clubs
Omit section 38 (1). Insert instead:
(1) The regulations may make provision for or with respect to the
reporting requirements of registered clubs (including
requirements relating to the financial statements and accounts of
registered clubs and the information to be disclosed by registered
clubs).
[30] Section 38 (2)
Omit "the provisions of subsection (1)".
Insert instead "regulations made for the purposes of subsection (1)".
[31] Section 40 Regular statements of receipts and payments
Omit the section.
[32] Section 41B Definitions
Omit the definition of land from section 41B (1).
[33] Section 41B (1), definition of "top executive"
Omit the definition. Insert instead:
top executive of a registered club means each of the following:
(a) the secretary of the club,
(b) a person appointed under section 34A as the manager of
any premises of the club,
(c) a person who is, or who is of a class, prescribed by the
regulations for the purposes of this definition.
[34] Sections 41E (Disclosure of gifts and remuneration from affiliated
bodies) and 41F (Disclosure of gifts and remuneration from persons or
organisations with contracts with registered clubs)
Insert "or remuneration" after "any gift" wherever occurring in sections 41E
(1) and 41F (1).
Page 7
Registered Clubs Amendment Bill 2006
Schedule 1 Amendments
[35] Section 41E (1)
Insert ", or the amount of remuneration," after "the gift".
[36] Sections 41E (2)(4) and 41F (2) (b) and (3)
Insert "or remuneration" after "gift" wherever occurring.
[37] Section 41E (5)
Insert after section 41E (4):
(5) In this section and in section 41F, remuneration includes any fee
for service.
[38] Part 4A, Division 3 Register of interests and reporting requirements of
registered clubs
Omit the Division.
[39] Section 41J
Omit the section. Insert instead:
41J Disposal by registered club of real property
(1) In this section:
core property of a registered club means any real property owned
or occupied by the club that comprises:
(a) the defined premises of the club, or
(b) any facility provided by the club for the use of its members
and their guests, or
(c) any other property declared, by a resolution passed by a
majority of the members present at a general meeting of
the ordinary members of the club, to be core property of
the club,
but does not include any property referred to in paragraphs
(a)(c) that is declared, by a resolution passed by a majority of the
members present at a general meeting of the ordinary members of
the club, not to be core property of the club.
dispose of property means to sell, lease or licence the property or
to otherwise deal with the property in such manner as may be
prescribed by the regulations.
non-core property of a registered club means any real property
owned or occupied by the club that is not core property.
Page 8
Registered Clubs Amendment Bill 2006
Amendments Schedule 1
(2) The annual report of a registered club must specify the core
property and non-core property of the club as at the end of the
financial year to which the report relates.
(3) A registered club must not dispose of any core property of the
club unless:
(a) the property has been valued by a registered valuer within
the meaning of the Valuers Act 2003, and
(b) the disposal has been approved at a general meeting of the
ordinary members of the club at which a majority of the
votes cast supported the approval, and
(c) any sale is by way of public auction or open tender
conducted by an independent real estate agent or
auctioneer.
(4) The regulations may create exceptions to this section.
[40] Section 41O Controlled contracts
Omit the section.
[41] Section 41Q Director may apply for orders in relation to disposal of real
property owned by registered club
Omit section 41Q (1). Insert instead:
(1) If any real property that is owned or occupied by a registered club
is disposed of otherwise than as provided by section 41J, the
Director may make an application to the Supreme Court for an
order in relation to the disposition of the property.
[42] Section 41Q (2) and (3)
Omit "the land" wherever occurring. Insert instead "the property".
[43] Section 41R Termination of certain contracts
Omit section 41R (1). Insert instead:
(1) This section applies in relation to a contract (other than a contract
for the disposal of real property owned or occupied by a
registered club) entered into by a registered club in contravention
of a provision of Division 4.
[44] Section 41ZB Regulations for purposes of Part
Insert ", or the amount of remuneration," after "a gift" in section 41ZB (b).
Page 9
Registered Clubs Amendment Bill 2006
Schedule 1 Amendments
[45] Section 41ZB (b1)
Insert after section 41ZB (b):
(b1) the keeping by the secretary of a registered club of a
register of disclosures, declarations and returns made to
the club under Division 2 (including declarations recorded
as referred to in section 41D (4)),
[46] Section 45 Unauthorised persons using defined premises of registered
club
Insert after section 45 (1) (a):
(a1) is an honorary member of the club (as referred to in section
30A) and the particulars required by section 31 (1) (b1)
have not been entered on that day in the register of
honorary members kept by the club in accordance with the
rule of the club referred to in section 30 (2) (j1), or
[47] Section 45 (2A)
Insert "(a1) or" after "subsection (1)".
[48] Section 49
Omit the section. Insert instead:
49 Amendment of rules of club
A registered club must, within one month after amending its
rules, lodge with the Director, in electronic form or in such other
manner as may be approved by the Director, a copy of all the
rules of the club (other than the rules contained in section 30 (1)
and (2)) and of the amendments certified as correct by the
secretary of the club.
Maximum penalty: 5 penalty units.
[49] Section 65 Proceedings for offences arising under this Act
Omit "37," and "40," from the Table to the section.
[50] Section 73 Regulations
Insert "the following" after "for or with respect to" where secondly occurring
in section 73 (1).
[51] Section 73 (1) (k), (l) and (m)
Omit "or" wherever occurring.
Page 10
Registered Clubs Amendment Bill 2006
Amendments Schedule 1
[52] Section 73 (1) (o)
Insert after section 73 (1) (n):
(o) the amalgamation of registered clubs under section 17A.
[53] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Registered Clubs Amendment Act 2006
[54] Schedule 2, Part 19
Insert after Part 18:
Part 19 Registered Clubs Amendment Act 2006
91 Pending applications for club amalgamations
Subject to the regulations, the amendments made by the
Registered Clubs Amendment Act 2006 to Division 1A of Part 2
do not apply to or in respect of an application under section 17A
that was made (but not granted) before the commencement of
those amendments and any such application is to be heard and
determined as if those amendments had not been made.
Page 11
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