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REGISTERED CLUBS (FURTHER AMENDMENT) BILL 1994
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Liquor (Further Amendment) Bill 1994.
The object of this Bill is to amend the Registered Clubs Act 1976 to make the
following miscellaneous amendments:
Abolition of registration fee on low alcohol, liquor
The registration fee payable on low alcohol liquor will be abolished. Low alcohol
liquor is defined to mean wine of the grape with an alcohol content of up to 6.5%
and other liquor with an alcohol content of up to 3.5%. Currently there is a reduced
registration fee of 7% payable on low alcohol beer and the full registration fee of
13% is payable on all other low alcohol liquor. The amendments take effect for the
purposes of the 1995 registration period and so apply to liquor sales during the period
1/7/93 to 30/6/94. As a transitional arrangement for the first year, because records
have not been required to be kept for low alcohol liquor (except beer), it is to be
presumed that no low alcohol liquor (except beer) has been sold by a registered club
during the relevant period unless the club can satisfy the Liquor Administration
Board otherwise. (See items (l), (3) and (6) of Schedule 1 and proposed clause 51 to
be inserted by item (24) of Schedule 1)
Breath analysis instruments
A provision will be inserted dealing with the use of breath analysis instruments
installed on the premises of registered clubs. The provision makes evidence of the
taking of a test on such an instrument and of the test result inadmissible in civil
proceedings against the club and in any criminal proceedings. The provision includes
safeguards to ensure that breath analysis instruments on club premises are correctly
serviced and maintained and also requires that a notice be displayed with the
instrument warning that its readings are not accepted by the Police or the Courts, and
drawing attention to circumstances that may affect its accuracy. (See item (15) of
Schedule 1)
Complaints against registered clubs
The provision dealing with complaints against registered clubs will be amended so
that action can be taken on a complaint that a club has not been conducted in
accordance with the requirements of the Act, even if at the time the complaint is dealt
with the breach has been rectified. (See item (4) (a) and (d) of Schedule 1) The
provision will also be amended to make it clear that the Licensing Court has the
option of taking no action even when if finds a complaint established, for consistency
with the parallel provision of the Liquor Act 1982. (See item (4) (b) and (c) of
Schedule 1)
Complaints against gaming-related licensees
The provision dealing with complaints against gaming-related licensees will be
amended to make it clear that the Licensing Court has the option of taking no action
even when if finds a complaint established, for consistency with the parallel
provision of the Liquor Act 1982. (See item (21) of Schedule 1)
Secrecy
The section dealing with secrecy of information obtained under the Act will be
amended to permit disclosure to a person who is engaged in the administration of the
Act and is authorised by the Minister to receive information under the section. (See
item (17) of Schedule 1)
Complaints about disturbance
A complaint against a registered club about disturbance of the quiet and good
order of the neighbourhood will be required to be made or verified by statutory
declaration. Currently the Board has a discretion whether to require a statutory
declaration. (See item (5) of Schedule 1)
Persons acting as secretary of registered club
An offence provision that prohibits unauthorised persons acting as the secretary of
a registered club will be amended to provide that a person is considered to be acting
as secretary of a registered club when holding a management position in which he or
she 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. (See item (8) (b) of Schedule 1)
Penalties for offences concerning unauthorised persons acting as the secretary of a
registered club will be increased. (See items (7) (a), (8) (a) and (9) of Schedule 1)
Conduct of club elections by Electoral Commissioner
An application by a registered club for the Electoral Commissioner to conduct an
election of the governing body of the club will not be able to be withdrawn by the
club except with the approval of the Electoral Commissioner. (See item (10) (a) of
Schedule 1) The existing power of the Electoral Commissioner and authorised
officers to give directions as to the conduct of club elections will be amended to
make it clear that it extends to empower the giving of directions for the purpose of
ensuring that elections are conducted in accordance with sound and democratic
electoral practices and procedures and methods of voting. (See item (10) (b) of
Schedule 1) The penalty for an existing offence dealing with obstruction and failure
to comply with official directions in the context of elections conducted by the
Electoral Commissioner will be increased from 5 penalty units to 20 penalty units.
(See item (10) (c) of Schedule 1)
Contravention of club rules
The existing provision that makes it an offence for certain provisions of a club's
rules to be contravened will be extended to include the rules concerned with matter to
be displayed at the entrance of a club for the information of temporary and honorary
members. (See item (13) of Schedule 1)
Service of penalty notices
The section dealing with penalty notices (inserted by the Registered Clubs
(Amendment) Act 1994 and not yet commenced) will be amended by providing that
only police officers can issue penalty notices. The amendment is for consistency with
the Liquor Act 1982. (See item (14) of Schedule 1)
Special inspectors
The section dealing with the form of identification carried by special inspectors
will be amended consequentially on the proposed amendment to the Liquor Act 1982
by the Liquor (Further Amendment) Bill 1994 which will transfer to the Minister the
power to appoint special inspectors. (See item (23) of Schedule 1)
Service of summonses by post
A provision will be inserted to authorise summonses issued under the Act to be
served by post and to provide for the address to which summonses, notices and other
instruments that are served by post under the Act can be posted. (See item (16) of
Schedule 1) Consequential amendments will also be made. (See item (20) of
Schedule 1)
Regulation making power
A regulation making power in the Act will be amended to make it clear that the
power need not be utilised (so that the non-utilisation of the power will not limit or
negate the operation of the provision concerned). (See item (19) of Schedule 1)
Savings and transitional provisions
Consequential savings and transitional provisions will be inserted. (See item (24)
of Schedule l)
Statute law revision
Amendments by way of statute law revision will be made to update obsolete
references to the Companies (New South Wales) Code and the Co-operation Act
1923. (See items (2), (7) (b) and (c), (8) (c)(e), (11), (12), (18) and (22) of
Schedule 1)
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the Registered Clubs Act 1976.
Schedule 1 makes the amendments to the Registered Clubs Act 1976 described
above.