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Legislation Amendment Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
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to enable the members of the governing bodies of registered clubs (ie
the directors) to be elected for 2 year terms as an alternative to the
current rules that provide for annual elections or for elections on a
triennial basis,
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to allow proxy voting at elections of the directors of registered clubs
that are also racing dubs,
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to enable regulations to be made with respect to the conduct of
elections of the directors of registered clubs,
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to require persons who are authorised to gain access to sensitive areas
(eg the computer cabinet) of gaming machines to replace any seal that
is broken while gaining such access,
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to enable licensed gaming machine technicians to remove the
compliance plate from gaming machines in certain limited
circumstances,
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to remove an anomaly that requires licensed nightclubs to cease
trading on New Year's Eve one hour earlier than they are otherwise
allowed to trade,
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to make a number of miscellaneous amendments to clarify and
improve the operation of the legislation.
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 giving effect to the amendments to the
Registered Clubs Act 1976 set out in Schedules 1 and 2.
Clause 4 is a formal provision giving effect to the amendments to the
Liquor Act 1982 set out in Schedule 3.
Schedule 1
Amendments to Registered Clubs Act 1976
relating to election of members of governing
bodies
At present under the Act, the rules of each registered club are taken to
include the rule that the directors are to be elected annually or, if a rule of the
club so provides, in accordance with Schedule 4 to the Act (ie on a triennial
basis). Schedule 1 [1] will enable the directors of a registered club to be
elected on a biennial basis (ie 2 year terms of office) if the rules of the club so
provide.
Schedule 1 [2] enables proxy voting at elections of the directors o f registered
clubs that are also racing clubs. These clubs often have a geographically
diverse membership base (unlike most other registered clubs which have a
more local membership base) and rely on the proxy voting method to ensure
that elections are properly representative of the members who are entitled to
vote.
Explanatory note page 2
Schedule l [3] enables regulations to be made with respect to the conduct of
elections of the directors of registered clubs. This will ensure that consistent
procedures and standards can be prescribed in relation to the conduct of such
elections.
Schedule 2
Miscellaneous amendments to Registered
Clubs Act 1976
Schedule 2 [1] and [ 3 ] recast the general defence provision available to
secretaries of registered clubs to clarify the operation of that provision and to
provide that the defence is not available with respect to the offence under
section 44A of the Act relating to the secretary of a registered club permitting
intoxication on club premises.
Schedule 2 [2] makes it clear that the prohibition under section 54B of the
Act on gaming in registered clubs does not apply in relation to any lawful
gaming or wagering activity that is not otherwise prohibited on the club
premises.
Schedule 2 [4] requires specially authorised persons (eg inspectors and
licensed poker machine technicians) who are authorised to do certain things
in relation to poker machines (eg to break seals securing a computer cabinet)
to replace any such seal if it is broken while doing anything that the person is
authorised to do.
Schedule 2 [6] provides that a licensed poker machine' technician does not
commit an offence under section 82D of the Act with respect to the removing
or altering of, or interference with, the compliance plate on a poker machine
in certain circumstances (such as where it is necessary to remove the plate
because it is damaged). Schedule 2 [5] and [7] are consequential
amendments.
Schedule 2 [8] enables regulations to be made of a savings or transitional
nature as a consequence of the enactment of the proposed Act.
Schedule 3
Amendment of Liquor Act 1982
At present under section 35C (2) of the Act, licensed nightclubs are allowed
to trade until 3 am Mondays to Saturdays, but trading on Sundays is limited
to midnight. However, because that section provides that the nightclub may
on 31 December, trade only until 2 am, nightclubs are required to cease
Explanatory note page 3
trading one hour earlier on New Year's Eve than they would ordinarily be
allowed to trade. Schedule 3 [1] overcomes this anomaly by providing that
the 2 am closure on New Year's Eve only applies if 31 December happens to
be a Sunday.
Section 86KA requires hoteliers to pay quarterly instalments of duty in
respect of approved amusement devices. Schedule 3 [2] makes it clear that
the person liable to pay the instalment for a particular quarter is the person
who holds the hotelier's licence at the end of that quarter.
Schedule 3 [3] modifies a reference to the name of a certain type of licence.
Schedule 3 [4] makes it clear that the prohibition under section 126 of the
Act with respect to gaming on licensed premises does not apply in relation to
any lawful gaming or wagering activity that is not otherwise prohibited on
such premises.
Schedule 3 [5] makes it clear that the requirement for a hotelier to provide a
gaming room if the hotelier is authorised to have more than 10 gaming
machines applies regardless of the operational status of the gaming machines
that are kept, used or operated by the hotelier.
Schedule 3 [6] requires specially authorised persons (eg inspectors and
licensed amusement device technicians) who are authorised to do certain
things in relation to approved amusement devices (eg to break seals securing
a computer cabinet) to replace any such seal if it is broken while doing
anything that the person is authorised to do.
Schedule 3 [8] provides that a licensed amusement device technician does
not commit an offence under section 195 of the Act with respect to the
removing or altering of, or interference with, the compliance plate on an
approved amusement device in certain circumstances (such as where it is
necessary to remove the plate because it is damaged). Schedule 3 [7] and [9]
are consequential amendments.
Schedule 3 [10] enables regulations to be made of a savings or transitional
nature as a consequence of the enactment of the proposed Act.
Explanatory note page 4